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HomeMy WebLinkAbout2009-1006 Council Mtg PACKET CITY OF ASHLAND . ,-. ,r' .~_ ;~>',:_",' _,,'" :'-';>:"';C:.'";"~,;'<.Y;'~~,,,,Y_:~'i,_--;~r;" .";..:.: , ':'. ~,',"-""~7..~,t -:,"I,'::;'l':;.::::,W';:' -':!'"':-l~;:, 7,', ,_,"::;;:,\:-'_,-',_ <-~". . :-:lhlPOrta nt-:,;_?\pi~ittzen'.~~y. 9,raJ,Jy a~,d~~sS:~f.;_~?_~~~.j1jOr' U~R::.~ge:~.~~, j,~Cn:~ ~~0~g_ ~!:~.~9h.ClO~kT>:~~Y :~,!~i~fJi":0a~.sub.1i.1i~,~ij:~te~.comments.' . ,~to the CourfciLg'n"~ny it'em oil';t1ie Agc"naa; unlessdfisthe-sutiject 'of- ri'puolic' hearing 'and "the :record is c16sea." 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'__" ' "" ,"'''''~ ":,,.yp. _,' ,0, \".h-"'"=><""~" ,,"'-/.," , ,__ ", "-',__:' ',':?" '""',, ""',:,,', ';C", ." ,> .A~JL})e:d~en.dtmtjm:'~Qme:ex!~~~:gn ,t.~.~'.~aWE~:6f;t'ie)~~~lln_g.bA.i~.l:,y,~sjQ'1;'!~~I)\lrQi?c:r':9fcpe(}pl:7'YVbp:)~sl}: \q:.i?t;,b~~rQ,'~nd.nw_;te1]gt.b'qf;tJ:lt::._agenda,' 0-., ""~.t~[~f1"":>"'to'.ib'Jy">;f~,,,,,~,;;,;.;,,,('~'::\.. i.. '<",;," '.. "''''',^,d''',J':i:f'q~,~,:"",,'''~'':,''::;,'r:-': ",-,i -';'c"< \~ :' :~:,~ 'Vc, ,::,",;-:",~/!ih""",";,',~,,:'i;..:b;,'i';h" jf';.-,,;;;'.:L;'T:," ,.' 'hq-';']"-";""'].;>j,:,"';;" 'j, ,.. ;,: ..1 AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 6, 2009 Council Chambers 1175 E, Main Street 6:00 p.m, Executive Session - for the performance evaluation of a public officer pursuant to ORS 192.660(2)(i). 7:00 p,m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V, SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes} 1. Study Session of September 21, 2009 2. Regular Council of September 22, 2009 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of October 8th as Oregon Day of Culture 2. Presentation of Plaque to Mike Munter for assistance provided to Police VII. CONSENT AGENDA [5 minutes} None. VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. 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 S2.04.050}) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum} X. UNFINISHED BUSINESS None. COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL '> VISIT TlI E CITY OF ASHLA ND'S WEB SITE AT' WWW.ASHLAND.OR.US XI. NEW AND MISCELLANEOUS BUSINESS 1. Will the Council consent to the transfer of stock from Ashland Sanitary Service, Inc. to Recology, a solid waste collection company based in San Francisco? [15 Minutes] 2. Will the Council direct staff to prepare an ordinance to clarify the Living Wage ordinance by defining "twelve month period" and by determining whether a retroactive penalty is automatic? [10 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Would the Council approve second reading of an ordinance to amend Ashland Municpal Code Chapter 2.41, "Voluntary Contribution and Spending Limits for Candidates for City Offices"? [5 Minutes] 2. Should the Council approve second reading of an ordinance titled, "An Ordinance Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions,"? [5 Minutes] 3. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Exclusions from Park Property and Amending AMC 1 0.68.350? [5 Minutes] 4. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Liquor License Review and Amending AMC Chapter 6.32"? [5 Minutes] 5. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Chain Requirements for Commercial Vehicles"? [5 Minutes] 6. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Parking and Amending AMC 11.24.070"? [5 Minutes] 7. Should the Council approve first reading of an ordinance titled, "An .ordinance Amending Ashland Municipal Code Chapter 2.04.090, 2.04.100 and 2.04.110 Relating to Council Rules"? [20 Minutes] 8. Should the Council approve first reading of an ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards? [20 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Report on League of Oregon Cities Conference 2. Conservation Commission 3. Ashland Emergency Food Bank XIV. SUMMARY OF MEETING XV, 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 (TTY phone number 1-800-735-2900). Nolification 72 hours prior 10 the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35. 102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL <) VISIT THE CITY OF ASHLAND'S WEn SITE AT W\VWASIIL\ND.OIUJS CITY COUNCIL STUD Y SESSION September 21. 2009 Page lof2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, September 21, 2009 Council Chambers 1175 E. Main Street Mayor Stromberg called the meeting to order at 5 :30 p.m. Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. Fire Chief John Karns and Division Chief Fire Marshal Margueritte Hickman gave an update on the Ashland fire that burned 90-150 acres. Ashland Fire and Rescue responded simultaneously to two fires, a brush fire at Immigrant Lake and the Siskiyou Boulevard fire south of city limits. Warm temperatures, hot dry winds at 10-l2mph with gusts at 19mph and hUD?idity at 17% drove the fire. Fire teams from the State, Jackson, Josephine and Douglas Counties assisted with fire suppression. Oregon Department of Forestry (ODF) brought in land crew, air support and bulldozers that helped significantly. The OPS Chief commented that the fuel management Ashland had done over the years made a difference in saving structures. One house was lost and some outer buildings damaged. Some of the crews went to the Deer Ridge fire in Medford. Overall, it was a good coordinated effort by all agencies involved with some lessons learned. Crews would work on fire suppression through the night. 1. Look Ahead Review 2. Discussion regarding the proposed ordinance to revise AMC Chapter 15,28.070, which amends the Oregon Fire Code and governs the sale and use of fireworks, Fire Chief Karns and Division Chief Fire Marshal Margueritte Hickman presented the staff report. A presentation that included statistics showed that more fires are reported on Fourth of July than any other day in the year, the majority caused by fireworks. Other points included facts regarding fire behavior, managing risk by separating the ignition sources from the fuel load and historical fire movement on how a fire would expand into the watershed. Chief Karns proposed restricting fireworks year round only in the interface as a compromise to a citywide ban because previous attempts for a full ban have been unsuccessful. A restriction to the south and west of Siskiyou Boulevard year round would help protect the interface. Enforcement would be difficult, but public educaiion could help. Council suggested the Community Emergency Response Team (CERT) mail out fire prevention information two weeks prior to Independence Day. Council agreed that education was critical, discussed establishing contained areas for citizens in the interface to use fireworks, a full city ban, illegal fireworks and liability. The majority of Council agreed on restricting fireworks in the interface. 3, Discussion regarding what type of Tier 2 power resource the City wants to purchase from BP A under the new 20 -year Regional Dialogue contracts. Director of Electric Utilities Dick Wanderscheid and Administrative Services Director Lee Tuneberg presented the staff report. Mr. Wanderscheid explained the City would not need Tier 2 power during the first rate period. He recommended going with the Short Term Rate Plan. It allowed time for the City to conduct a rate study in 2013 that would determine whether it would be necessary to stay on the Short Term Rate Plan, switch to the Load Growth Rate Plan or move to a Vintage)kat Plan based on actual resources that could be renewable. ~~ CITY COUNCIL STUDY SESSION September 2 I. 2009 Page 2 of2 Staff explained the risks pertaining to the Load Growth Rate Plan. It is that the rate is unknown and the City would be committed to paying this rate for the next ] 7 years. Further discussion included how expensive solar power currently is, that electric consumption has been constant in Ashland for 25 years and that conservation is less expensive but has increased the operational budget of the utility used. 4. Discussion regarding whether the Council wants to raise electric rates by 4% to cover increased operational expenses and higher wholesale power costs from BP A. Director of E]ectric Utilities Dick Wanderscheid and Administrative Services Director Lee Tuneberg provided the staff report. Mr. Wanderscheid explained the last rate increase was through a surcharge and the City has since eliminated the surcharge. Bonneville Power Administration (BPA) has raised the wholesale power rates by 7.5%, raising the City's annual power bill to approximately $380,000. If rates are not increased, the fund balance would slide below the target and require significant rates increases in the future. Staff clarified that spending money on conservation methods increased the budget but served as a cost avoidance of paying more for expensive power in the future. Much of the conservation method occurs through 0% loans that customers pay back over time. Mr. Tuneberg went through the spreadsheet submitted that indicated the 4% increase which would leave almost $] 00,000 remaining. Staff felt confident they would find funds to cover that amount. The spreadsheet also forecasted 6% increases annually in the future and noted those increases would go through the budget process accordingly. Staff responded to questions regarding franchise fees, that utilities rent this public space and pay a fee for the right-of-way. It was eXplained that BP A pays most of the conservation program costs through a conservation rate credit. Council and staff discussed contingencies. Unused contingencies went into the fund balance and to-date the E]ectric Department has never had to spend a contingency. Some members of the Council were not fully convinced regarding the franchise fees and requested a model that reduced the fee or an increase in property taxes. Staff noted big institutions pay franchise fees but not property taxes and that there are breaks established for ]ow- income families, disabled individuals and seniors. Concern was expressed regarding the overall increase in utility rates burdening the public. Staff had recommended a 4% increase instead of 5% in an effort to be sensitive to what the public was experiencing with the economy. Meeting adjourned at 7:05 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING September 22, 2009 Page I af? MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 22, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present MAYOR'S ANNOUNCEMENTS Mayor Stromberg gave an update on the 1/1 861h Infantry Battalion of the 41" Brigade Combat Team of the Oregon National Guard (1/186). All Oregon soldiers were in their battle rhythm, performing their jobs with a sense of routine and everything was running smooth. However, there were rumors their deployment will be extended. He went on to note changes to the agenda. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Regular Council meeting of September 8, 2009 were approved as presented. SPECIAL PRESENT A TIONS & A WARDS Presentation on 40th Anniversary Sister City Visit with photos by Graham Lewis. Mayor's Proclamation of October 4 - II as National Fire Prevention Week was read aloud. CONSENT AGENDA I. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Will the Council, acting as the Local Contract Review Board, consent to enter into two public contracts for Towing and Storage Services? 3, Does the Council wish to confirm the Mayor's appointment of Steve Hauck to the Transportation Commission with a term ending April 30, 2010? 4, Will Council approve and authorize the Mayor to sign Amendment #5 to the Clean Water State Revolving Fund Loan No. RI1750 reducing the required reserve from $1,751,369 to $875,490? Councilor Jackson requested that Consent Agenda item #4 be pulled. Councilor Silbiger/Chapman mls to approve Consent Agenda items #1 through #3. Voice Vote: all A YES, Councilor Jackson noted and thanked staff for their work on reducing the reserves requirement that in turn will simplify the budget. Councilor Jackson/Lemhouse mls to approve Consent Agenda #4, Voice Vote: all A YES. PUBLIC HEARINGS I. Will the Council approve a resolution adopting police special service fees, and repealing the police,special service fees section of resolution 94-23? Police Chief Terry Holderness explained how the purchase of a digital fingerprinting system, the addition of taxi driver license fees and other technological changes in the Police Department have prompted a review and increase in fees. , Public Hearing Open: 7:32 p.m. Public Hearing Closed: 7:32 p.m. ASHLAND CITY COUNCIL MEETING September 22, 2009 Page 2 of7 Councilor ChapmanNoisin m/s to approve Resolution #2009-25. Roll Call Vote: Navickas, Chapman, Silbiger, Jackson, Lemhouse and Voisin, YES, Motion passed, 2. Does the Council want to raise electric rates by 4% to cover increased operational expenses and higher wholesale power costs from BP A? Director of Electric Utilities Dick Wanderscheid explained that Bonneville Power Administration (BP A) raised wholesale power rates by 7.5% and based on actual loads, their rate model estimates that the City's annual power bill will increase by $380,000 per year for the next two federal fiscal years. The extra costs for the current fiscal year will be $287,000. Passing a 4%, electric rate increase would generate an additional $300,000 and reduce the fund by approximately $288,000 falling short $94,000 of the target. Staff analyzed the numbers and recommended a 4% increase effective November I, 2009 for all electric rates in an attempt to balance the fund while keeping the impact to Ashland citizens and businesses minimal. Public Hearing Open: 7:35 p,m, Public Hearing Closed: 7:35 p.m, Staff responded to an inquiry regarding the substation purchase. The substation would be expensive to purchase but a good investment over time. It would cost approximately $2million with an 8-year pay back at $240,000 annually in delivery fees. BP A will conduct an economic analysis to determine whether it is financially feasible. ~ Councilor Voisin/Silbiger m/s to approve Resolution #2009-26, DISCUSSION: Councilor Navickas thought the 10% charge was outside the market rate the City would normally charge a private utility, 7% was more appropriate. He suggested a 3.5% increase and removing the deficit from the franchise fee. The rate increase was regressive, burdened the ratepayers and should be on the property tax instead. Councilor Silbiger commented that in order to meet the budget, the increase should be 5% and at 4%, there was no room in the general fund to make up the difference. Councilor Chapman was not pleased with the increase but understood it was due to BP A raising their rates. He was willing to look at franchise fees and adjusting rates in the next budget cycle. Councilor Lemhouse did not support the rate increase, wanted the City to stop looking at increasing revenue to accomplish goals and start looking at ways to cut expenses. Councilor Voisin thought the time to deal with lowering the electric rates, review the franchise fees and the electric users tax was is in the next budget cycle. The rate increase was part of the budget and necessary. Councilor Jackson supported the increase noting this was an outside increased cost agreeing there were issues regarding the long-term distribution of fees and collections. Councilor Navickas added the City was looking at a 6% increase in 20 II to meet conservation goals and avoid Tier 2 power, adjustments made now prepared for the future. Roll Call Vote: Councilor Voisin, Jackson, Chapman and Silbiger, YES; Councilor Lemhouseand Navickas, NO. Motion passed 4-2. NEW AND MISCELLANEOUS BUSINESS 1. What type of Tier 2 power resources does the City want to purchase from BP A under the new 20-year Regional Dialogue contract? Director of Electric Utilities Dick Wanderscheid provided the staff report and eXplained there were two rate plan choices for Tier 2 power, the Short Term Rate Plan and the Load Growth Rate Plan. This decision would not have a fiscal impact on Tier 2 pricing because the load was well below the average mega watt (aMW) and would remain low in 2014. Staff recommended the Short Term rate plan for Tier 2 power from 2011-2014. It would allow time for a rate evaluation, three years of pricing for the Short Term and Load Growth Rate Plans would be available as well as potential vintage rates. Rates for Short Term and Load Growth Rate Plans are currently unknown. For Short Term Rate Plan prices, Bonneville Power Administration (BP A) will purchase power daily or monthly, Load Growth Rate Plan will be a mixture of short term 2-3 years contracts and Vintage rates will be tied to contract or resource. BP A may offer a wind vintage rute, to meet renewable portfolio standards. In May 2009, BP A estimated Short Term delivered costs at $54 per MW hour; Load Growth delivered costs at $60 a MW hour and Vintage rates at approximately $117 a MW hour. ASHLAND CITY COUNCIL MEETING September 22, 2009 Page 3 of7 If the City grew outside the Tier I allocation, it would pay a load shaping charge for kilowatt-hours larger than Tier I. The City would purchase one average MW of flat block power every year at a Tier 2 rate, but at very a small amount. Load forecasts done by staff and BP A indicate the City will not dip into Tier 2 rates for a while. Currently the Tier 2 Short Term rate is the lowest. ' Councilor ChapmanlNavickas mls to accept the Electric Department's recommendation to choose to serve the City's Tier 2 power load with the Short Term Rate Plan, DISCUSSION: Councilor Chapman thought it was a clear choice given that rates are unknown for the long-term plan. Roll Call Vote: Councilor Jackson, Voisin, Chapman, Navickas, Silbiger and Lemhouse, YES. Motion passed. PUBLIC HEARINGS cont'd. 3, Will the Council approve increases to the Street Fund, Transportation and Storm Drainage utility fees effective November 1, 2009? Administrative Services Director Lee Tuneberg presented the staff report and recommended a 3% increase in both utilities that will have a combined financial impact of 35cents per month on the single-family residents' fees. Both utilities are struggling. Council could increase the Storm Drain fees because that utility was barely breaking even. Deferring the increase would create a larger financial impact the following year. Staff explained that stimulus money offset future capital needs but not City dollars, most of the stimulus dollars in water and wastewater would come through as 0% loans. Public Hearing Open: 8:03 p.m. Public Hearing Closed: 8:03 p,m, Councilor JacksonlSilbiger mls to approve Resolution #2009-27 to increase the Street Fund Utility fees. DISCUSSION: Councilor Chapman suggested moving the percentage allocated for Transportation utility to the Storm Drain utility. Councilor Jackson thought it was better to have smaller increases than a large one in the future. Roll Call Vote: Councilor Silbiger, Navickas, Jackson, YES; Councilor Chapman, Voisin and Lemhouse, NO, Mayor Stromberg broke the tie with a YES, Motion passed 4-3, Councilor Silbiger/Chapman mls to approve Resolution #2009-28 to increase the Transportation and Storm Drain Utility fees. DISCUSSION: Councilor Silbiger noted the Storm Drain fund had a negative balance of almost $1 million, passing the increase would make a slight improvement to the balance. Roll Call Vote: Councilor Navickas, Jackson, Silbiger and Chapman, YES; Councilor Lemhouse and Voisin, NO, Motion passed 4-2. 4. Will the Council approve conveyance of deeds to implement the provisions of the IGA with the Housing Authority of Jackson County? City Attorney Richard Appicello provided the staff report and explained when Council approved removing the partitioning plat there was not a Public Hearing as required by AMC 2.21.7.25. This Public Hearing satisfied that requirement. A total of3. 75 acres will go to the Housing Authority of Jackson County (HAJe). It was unclear whether language was added to the IGA that would have the land return to the City if the project failed. Public Hearing Open: 8:10 p.m. Public Hearing Closed: 8:10 p.m, Councilor NavickasNoisin mls to approve conveyance of real property to the Housing Authority of Jackson County to implement the IGA deeds, DISCUSSION: Councilor Lemhouse asked what the impact would be if the project failed and the City did not get the property back. Mr. Appicello explained iflanguage was provided in any of the documentation about the land returning to the City, he would include it in the deed. Roll Call Vote: Councilor Navickas, Silbiger, Jackson, Lemhouse and Voisin, YES; Councilor Chapman, NO, Motion passed 5-1. ASHLAND CITY COUNCIL MEETING September 22. 2009 Page 4 of7 PUBLIC FORUM Melanie Mindlinl1248 Calypso CourtlRepresented the initiating group of Transition Town Ashland and provided a report on the Council Goals, Values and Vision. She provided the history of Transition Town Ashland, shared their goals, core values and suggestions. She invited the Council and public to attend an introduction to Transition Town's work the first Thursday of each month at Peace House. The Transition Town website is transitiontownashland.org. Jim McGinnis/629 Altamont Street/Read a quote from Dr. Martin Luther King and thought this was a unique opportunity to establish goals and visions that will effect generations and shared summaries from the report. Ms. Mindlin explained the core value for planning for the future of Ashland was to embrace change and proactively address the issues of non-renewable energy reduction, climate change and ecological and biological constraints, and all activities associated with planning. She recommended adding a sustainability plan to the Comprehensive Plan. Mr. McGinnis read goals from the report and Ms. Mindlin introduced the team. NEW AND MISCELLANEOUS BUSINESS I. Will Council designate a voting delegate to the annual League of Oregon Cities Conference? City Recorder Barbara Christensen explained the annual process for designating a voting delegate and alternative to the League of Oregon Cities. Councilor Silbiger/Chapman m1s to designate Councilor Jackson as voting delegate to League of Oregon Cities conference and Councilor Navickas as the alternate delegate, DISCUSSION: Councilor Voisin confirmed that the voting delegate represented all of Council. City Administrator Martha Bennett clarified that the voting delegate would vote on statewide issues the Council rarely as a whole did not agree. Councilor Jackson provided an example. Voice Vote: ALL AYES. UNFINISHED BUSINESS I. Discussion on nudity ordinance, Submitted documents listing what other cities did regarding public nudity and a summary were distributed to the public. City Attorney Richard Appicello explained the documents were limited disclosure for purposes of public records law and not intended to be a waiver of privilege or general release of the underlined document. He went on to specify this was a policy decision for the Council to decide. Compared to what other cities allowed and prohibited regarding public nudity the Ashland ordinance was less restrictive. The current ordinance was defensible and the proposed amendments restricting public nudity in school areas, etc, would be legal as well. He provided history on State law regarding nudity, noted previous cases tried in Oregon and the legal affects of nudity as a nuisance. He suggested the Council consider changing the "... place visible from a public place..." languages in the current ordinance or striking it, decide geographic limitations or allow public nudity citywide, include mental state and determine whether it was a violation or crime. Mr. Appicello clarified if Council wanted to make it a crime, including "criminal negligence" would be enough. Ifthe ordinance did not include mental state they could add "intentionally, knowingly and recklessly" to establish criminal culpability. Statutes that contain "intentionally" regarding mental state could be more difficult to prove and typically, violations do not include mental state. Body activism, protected expression and violation of public nudity law would be case-by-case to determine whether it violated first amendment rights. Every case had to be decided by the facts of that case; these cases would be no different. Public nudity is a violation and public indecency is a crime under State and City law. The City has jurisdiction of violations and crimes committed within city limits. Council asked if the origins of the ordinance were based on having a tool to address the youths on the plaza. Staffwill pull the minutes to determine why the ordinance was initiated. Derek VolkartlTalentllntroduced himself as the Chair ofthe Southern Oregon American Civil Liberties Union (ACLU) but was speaking as a citizen. Heexpressed shock at how far the public nudity issue had gone. He did not believe a naked man was harmful to children and thought the potential harm was the unnecessary authoritative response to non- ASHLAND CITY COUNCIL MEETING September 22, 2009 Page 5 of7 conformists who are often targeted. The public has no more right to tell someone to wear clothing anymore than dictating how one should dress. Public reaction was disproportionate to the situation and he cautioned,not allowing big brother to get a grip on everyone's reality. Ralph Temple/ISO Meyer Creek Road/ Spoke on behalfofthe Southern Oregon Chapter of the ACLU and explained the basics of civil liberties. Liberty meant individuals get to be free, without the restraint of authority and government. The culture of liberty values is the right to be different and that is why the public has to tolerate movements like the American Nazi Party and the Ku Klux Klan when they exercise their right of free speech. The ACLU lost a quarter of its support when they represented those movements but the Supreme Court unanimously voted for their right to free speech. When people encounter public nudity and do not like it, they should look the other way, liberty means tolerating the eccentrics. The Bill of Rights was specifically written to limit what the majority could do to the dissenters, outcasts and non-conformists. The nation's philosophy is that liberty is so important it outweighs the public interest unless it is liable, slander, perjury or physical violence. Sexual expression is expression and it has never held that nudity is not expression and most likely never will. Mr. Temple cautioned Council that changing the ordinance could incur legal risks and urged Council not to expose the City to lawsuits and other ramifications that could be very expensive. Colin Swales/143 8th Street/V oiced his frustration and criticized the process, the lack of information in the Council packet and the precedence this agenda item had received. He explained the ordinance was passed in 2003 as a tool for the Police Department to prohibit skinny-dipping in the park with the intention never to prosecute and was flabbergasted that Council considered making it a criminal action. He felt it was a waste of everyone's time. Councilor Lemhouse/Jackson mls that Council direct staffto bring back an amendment to the existing ordinance making it a violation for intentionally exposing genitalia within a 1,000 feet of a school while in public or a place visible from a public place. DISCUSSION: Councilor Lemhouse explained he wanted to clean up some of the language in the existing ordinance in terms of a place visible from a public place. He requested it be a violation and did not want to criminalize the act because it was not a sex offense in the criminal sense. Adding "intentionally or knowingly" would eliminate any ambiguity. He wanted the right to have discussions with his children regarding nudity and sexuality on his terms, not in route to school where a man or woman was intentionally exposing their genitalia within a school zone. That took away his rights and his child's rights. Public nudity also underestimated the impact to survivors of sexual abuse. The limitation was reasonable and not as restrictive as other cities. The City was well within their rights to do this and sound if that was the decision. He affirmed that children who have suffered sexual abuse are vulnerable and sensitive to seeing a naked person in that context in a school zone and it is important not to diminish that fact. Councilor Navickas compared restricting schools zones to Measure 9 regarding homosexuality. The ordinance attacks individuals who are body activists or body consciousness. Society has unhealthy views regarding body consciousness, there are eating disorders, pornography, highly sexual advertising. It was important to protect those individuals who want to do nude activism because it made people begin to question their own understanding and conception of the human body. Society needed to mature their conceptions of the human body in general. He commented on public testimony earlier that referred to dress code and how the ordinance was moving towards a dress code in the community. Ashland is a community that works to protect progressive thought, free speech and the rights of individual citizens. He was happy to live in a town with the occasional naked person walking down the street, wanted it to continue and did not want the community to eat away at those breaks in tradition. Councilor Jackson supported the concept in general adding the community has always had a balance between freedom, expression, tolerance, individualism and the norms of society. Children should be able to walk to school without being confronted with something that felt threatening. No matter what the adult standards were. This would act as increment to the ordinance in response to situations. that occurred in the community. Councilor Lemhouse clarified the motion prohibited exposing genitalia from a public place or private place viewed from a public space within 1,000 feet of a school. City Administrator Martha Bennett added that prior to changing the ordinance staff would provide Council with a map that would indicate the number of areas this would affect and noted it may cover the entire community. Councilor Lemhouse reiterated this was a tool for the Police Department to notify individuals they cannot be naked with 1,000 of a school zone, non-compliance would result in a citation. ASHLAND CITY COUNCIL MEETING Sepfemher 22, 2009 Page 60J7 Councilor Chapman commented that simply being naked was not harmful and certainly not criminal, ifanything it was a nuisance and a violation. He understood a good portion of the community found this behavior offensive and added he found a lot of behavior more offensive than nudity. He did not support expanding the current ordinance into a patchwork of anti-nudity zones. If the community as a whole took a stance on nudity, he would be more likely to support an ordinance similar to Eugene or Portland and strongly supported appealing the current ordinance. Councilor Silbiger explained this was about community values, not politics. The vast majority of the world has standards that prohibit walking around naked. He was not in favor of the original ordinance and had talked with people who he thought would be opposed to restricting nudity in school zones that were actually offended it was allowed around schools. These are personal issues and Council needs to address them. He agreed on restricting nudity in school zones but thought it would not be realistic after looking at the map. People could challenge other city ordinances as a violation of the Oregon Constitution but it was not a violation of Federal Constitution. Ultimately, this would be a referendum of community values. This was something the community believed should happen and he doubted the City was violating the rights of people. Citizens could make these types of standards and he supported the motion in order to bring it forward for community discussion. Councilor Voisin did not support the amendment because one man exposing his genitalia not knowing he was in a school zone did not warrant a law. It seemed sexist because the ordinance did not include breasts and the current ordinance itself . was working fine. She supported appealing the ordinance but given public concern, thought the City should retain it. Mayor Stromberg agreed the issue was community values and did not feel comfortable having Council determine those values on this issue. That determination belonged to the community and there was a public process for it. He felt there were far more sexually overt activities, dress and publications that were more threatening to children than a naked person was. He would not vote in favor of the amendment, the community needed to go through the public process. Councilor Jackson commented the issue was originally brought to Council and decisions were often based on the public input Council receives. Council had heard a considerable amount of testimony the first night; research showed Ashland did not have the strictest ordinance and now Council was taking a measured approach in response. The public deserved the opportunity to come back to Council on this issue. ROLL CALL VOTE: Councilor Lemhouse, Silbiger and Jackson, YES; Councilor Navickas, Voisin, and Chapman, NO; Mayor Stromberg, NO. Motion failed 4-3. Councilor Silbiger/Lemhouse mls an ordinance be prepared for the purpose of placing it on a future ballot for public referendum using the Eugene ordinance as an example. DISCUSSION: Councilor Silbiger agreed this was a community values decision and Council could further that discussion by putting it on the ballot. Councilor Navickas thought the Council's role was to find common ground and move forward issues with majority agreement Putting this on the ballot would divide the citizens when Council should be working to bring community together. Mayor Stromberg explained if there was enough interest in this issue to collect the signatures needed to get it on the ballot, it was appropriate. This was a question of balance within the community and he did not feel equipped to guess what that was. Councilor Chapman commented he had seen many initiatives that were bad law. He would reluctantly vote no but wanted to see something similar come forward and a repeal of the current ordinance. ROLL CALL VOTE: Council Lemhouse, Silbiger and Jackson, YES; Council Navickas, Voisin and Chapman, NO, Mayor Stromberg broke the tie with a NO vote. Motion failed 4-3. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Would the Council approve second reading ofan ordinance to amend Ashland Mnnicipal Code Chapter 2.41, "Voluntary Contribution and Spending Limits for Candidates for City Offices"? City Recorder Barbara Christensen noted changes to the formula that held the postage rate to a percentage increase based on the current CPI-all urban consumer Portland index that would be the current postage rate and increased annually January 1 based on whatever the CPI was. Another change regarded the appeal process that would have Council select the hearing officer. ASHLAND CITY COUNCIL MEETING September 22, 2009 Page 70J7 City Attorney Richard Appicello read the changes to the ordinance and the title aloud. Council and staff discussed the formula and possible changes. Staff will research and bring back formula options for the Council. Councilor JacksonNoisin m/s to continue second reading to the October 6, 2009 Council Meeting, ROLL CALL VOTE: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed, Councilor JacksonfNavickas m1s to move the remaining four ordinances to the October 6, 2009 Council Meeting. ROLL CALL VOTE: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. 2, Should the Council approve second reading of an ordinance titled, "An Ordinance Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions,"? Delayed due to time constraints. . 3. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Liquor License Review and Amending AMC Chapter 6,32"? Delayed due to time constraints. 4. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Chain Requirements for Commercial Vehicles"? Delayed due to time constraints. 5, Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Parking and Amending AMC 11.24,070"? Delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Planning Commission - Delayed due to time constraints. SUMMARY OF MEETING ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor " CITY OF ASHLAND Council Communication Transfer of Stock from Ashland Sanitary Service Inc. to Recology Meeting Date:' October 6, 2009 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: seltzera@ashland.or.us Secondary Dept.: None Secondary Contact: Approval: Martha Bennet Estimated Time: 15 minutes Question: Will the Council consent to the transfer of stock from Ashland Sanitary Service Inc., to Recology, a solid waste collection company based in San Francisco? Staff Recommendation: Staff recommends Council approve the transfer. Background: In 1990, the City Council passed Ordinance 2582 (attached) granting a franchise for the collection of solid waste, refuse and medical waste within the City of Ashland to Ashland Sanitary Service, Inc. Section 15 of Ordinance 2582 states the franchise holder (Ashland Sanitary Service, Inc.) agrees that its rights may not be sold to a third party, nor may any stock of the franchise holder corporation be sold, without the consent of the City of Ashland and that consent shall not be unreasonably withheld. In 1996, the City Council consented to the transfer of stock from Ashland Sanitary owners Bob and Lois Wenker to Gary Rigotti. Subsequently, Russ Chapman purchased shares from Mr. Rigotti. In 1998 the City Council passed Ordinance 2829 (attached) amending Ordinance 2582 to extend the franchise term for Ashland Sanitary Service Inc. to the year 2018. Current Ashland Sanitary Service Inc. owners, Gary Rigotti and Russ Chapman are requesting consent of the City Council to transfer their stock to Recology, a solid. waste collection company based in San Francisco, as permitted in Section 15 of Ordinance 2528. Gary Rigotti will retire; Russ Chapman will remain with Ashland Sanitary in a management capacity. The business will continue to operate as Ashland Sanitary Services, Inc. The transfer of stock does not affect the terms of the franchise. In addition, Ashland Sanitary Services, Inc. holds the lease (attached) with the City of Ashland to operate the Ashland Recycling Center. The terms of the lease are not affected by the transfer of stock. Ashland Sanitary Services, Inc. will continue to operate the recycling center until it no longer holds the franchise for solid waste collection in Ashland. Recology, formally known as Norca1 Waste System provides waste collection for numerous communities in northern California. City staff contacted four of those communities about Reco10gy servtces. Page 1 of2 r~' CITY OF ASHLAND Per staff at the City ofVacaville, Reco10gy is the parent company ofVacaville Sanitary Service. The city has not received citizen complaints about the collection service and spoke highly of the services provided to seniors and the working relationship between city staffrecycling coordinator and Vacaville Sanitary recycling staff. Messages were left with the City of San Francisco, City of San Bruno and City of Rocklin. At the time of this writing staff has not heard back from those communities. Council Options: Council can consent to the transfer of stock or deny consent to the transfer and then submit the matter for arbitration as required in Section 15 of Ordinance 2582. Potential Motions: Move approval of the transfer of stock from Ashland Sanitary Services, Inc. to Recology. Move to deny the transfer of stock from Ashland Sanitary Services, Inc. to Reco10gy. Attachments: 1. Ordinance 2528 2. Ordinance 2829 3. Recycling Center Lease Page 2 of2 r~' ORDINANCE NO. :2 "}.Y5; AN ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION OF SOLID WASTE, REFUSE AND MEDICAL WASTE WITHIN THE CITY OF ASHLAND, JACKSON COUNTY, OREGON TO ASHLAND SANITARY SERVICE, INC, FOR THE PERIOD FROM APRIL 1, 1990, TO MARCH 31, 2005, REGULATING THE DISPOSITION OF SOLID WASTE IN SAID CITY, PROVIDING A PENALTY FOR THE VIOLATION HEREOF; REPEALING ORDINANCE NO. 2069 AND ANY AMENDMENTS THERETO; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. That there is hereby granted to Ashland sanitary Service, Inc. the exclusive right, franchise and privilege of collecting, gathering and hauling over the streets of the City of Ashland, Jackson County, Oregon, all solid waste, refuse and medical waste accumulating in said City, with the right to exact charges and collect from persons, firms or corporations served as specifically hereinafter set forth, for the period from April 1, 1990, to March 31, 2005. SECTION 2. That the term "solid waste" as used herein shall be construed to mean every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, ashes, tin cans, bottles, glass, medical waste, and discarded articles of similar matter. SECTION 3. That it is hereby made the duty of every person, firm or corporation within the limits of the City of Ashland to cause their solid waste accumulation to be removed through the year within the times specified as follows: (1) Residences and apartments - once every seven (7) days. (2) Hotels, restaurants, boarding houses, meat markets, grocery stores and other places where meats, fruits and vegetables are kept, sold or offered for sale, or where cooking is done for the public - twice every seven (7) days. (3) Medical facilities - within seventy-two (72) hours of disposal. (4) All other places - once every seven (7) days, SECTION 4. That every person, firm or corporation having garbage or medical waste for disposition, shall place all such matter in containers which shall be water-tight and fly-proof, and be placed in a location convenient for the collectors. SECTION 5, That it shall be unlawful for any other person, firm or corporation, excepting citizens hauling their own solid waste, and excepting the City of Ashland when the same is functioning in a governmental capacity hauling its own solid waste or refuse, to collect, gather and/or haul solid waste or refuse over the streets of the City of Ashland, Jackson County, Oregon, during the term of this franchise. SECTION 6. That all vehicles used by the said Ashland sanitary Service, Inc. in the transportation of solid waste through the streets of the city of Ashland shall be so constructed and equipped so as to be water-tight and fly-proof, and which comply with all state laws and rules, regulations and requirements of the State of Oregon. . SEC~ION 7. Any person, firm or corporation, whether as principal agent, employee or otherwise, violating or causing the violation of any of the provisions of this ordinance, shall have committed an infraction, and upon conviction thereof is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such a person, firm or'corporation is guilty of a separate violation for each and every day during any portion of which any violation of this Ordinance is committed or continued by such person, firm or corporation, SECTION 8. The fees to be charged and collected, both as to residential and commercial customers, shall be in the amounts as hereafter approved by resolution of the City Council and which have been requested by Ashland sanitary service, Inc. SECTION 9. Ashland sanitary Service, Inc. shall have the right each year to present to the City Council a petition for an increase in rates based upon an increase in the cost of rendering solid waste disposal services to the citizens of the City of Ashland. The same right shall exist where the regulations are changed concerning the operation of the landfill so as to cause an increase in capital outlay or operational expense of Ashland Sanitary Service, Inc., and this petition may be made at any time. In the event the parties cannot agree on the amount of a rate increase, if any, the matter shall be submitted to a board of arbitrators, one being selected by each party and a third by the first two arbitrators. The decision of the majority of the board shall be final and binding on the parties. The arbitrators shall be experienced people familiar with standard business practices. The third arbitrator shall be a Certified Public Accountant certified to audit municipal accounts. The arbitrators shall not be residents of the area served by Ashland Sanitary Service, Inc. In the event costs should decrease, the City Council shall have the same right to request a decrease in rates under the foregoing procedure. SECTION 10. In consideration for the granting of this exclusive franchise, franchise holders shall pay to the City of Ashland for and as a franchise fee, the sum of five percent (5%) of the franchise holder's gross receipts from revenues received for the services rendered to customers situated within the corporate limits of the City of Ashland. Said payments shall be made monthly, no later than the 20th day of the month following the month of service upon which the charge is predicated. Said payment shall be accompanied by a statement, subscribed to by an authorized representative of franchise holder, certifying the gross revenue~ The City of Ashland reserves the right to perform such audits as it may from time to time desire for the sole purpose of ascertaining the accuracy and propriety of revenue representations. Said audits shall be done at reasonable times, and at the cost of the City of Ashland. SECTION 11. Ashland sanitary Service, Inc. shall indemnify, defend and hold harmless the City of Ashland, its officials and employees, from any claim arising from the performance of the service provided under the terms of this franchise; and further, shall maintain comprehensive general liability insurance in amounts not less than the statutory limits of tort liability of Oregon Municipalities as set forth in ORS 30.270, and shall provide certificates of said insurance to the City Finance Director. SECTION 12. The City reserves the right to grant franchises for collecting goods for recycling to other individuals, firms or corporations. If the City Council determines that it wishes to grant a franchise for such service, it shall first submit any proposal to Ashland sanitary Service, Inc. which shall have the first right of refusal of said franchise. " SECTION 13. That in the event the said Ashland Sanitary Service, Inc, shall violate any of the agreements by it to be performed hereunder, then and in that event the city council, upon giving the franchise holder and surety company thirty (30) days written notice of an alleged violation, in order that said franchise holder or surety may have an opportunity to explain or refute the same, may terminate this franchise and all rights of the franchise holders shall cease and its bond in the sum of Twenty-five Thousand Dollars ($25,000.00) shall be forfeited. The franchise holder is required to provide to the City of Ashland a bond in the sum of $25,000.00 securing its faithful performance of this franchise renewable annually, and a certificate of continuance filed with the City. SECTION 14, That Ordinance No, 2069 as amended and all other ordinances in conflict herewith are hereby repealed. SECTION 15. The franchise.holder agrees that its rights hereunder may not be assigned, sold, pledged or given in any manner to a third party, nor may any stock of the franchise holder corporation be sold, piedged or assigned in any manner without the consent of the City of Ashland first having been received, which consent shall not be unreasonably withheld. In the event there is a dispute as to any sale or transfer under this provision, then the matter shall be settled in the manner as provided for arbitration in section 9 hereof. . SECTION 16. That inasmuch as the current franchise ordinance expired on April 1, 1990, the public interest requires that an emergency be declared, and this ordinance shall be effective upon its second reading and approval by the Mayor, The foregoing Ordinance was first read at a regular meeting of the City Councl.'l on the ./_.,-'C" d f J 1 9 d U Y d th' ay 0 ~, 9. 0, an D L PASSED an ADOPTED l.S if j(~ day of ) . ....-1--<, /[__! , 1990. /! t. ~-/ ~t-:: i~ ~/..ilc. r--~'(~;,-' Nan E. Franklin City Recorder SIGNED and APPROVED this .1[r~ day of j . '.L~,,-/':4- , 1990. ~ "M~ Catherine M. Golden Mayor ORDINANCE NO. A f~ 'T AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE 2582 TO EXTEND THE FRANCHISE TERM FOR ASHLAND SANITARY SERVICE TO THE YEAR 2018. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section one of ordinance 2582 adopted on June 19,1990, is amended to read: That there is hereby granted to Ashland Sanitary Service, Inc., the exclusive right, franchise, and privilege of collecting, gathering. and hauling over the streets of the City of Ashland, Jackson County, Oregon, all solid waste. refuse, and medical waste accumulating in said city. with the right to exact charges and collect from persons, firms, or corporations served as specifically hereinafter set forth, for the period from April 1. 1990, to March 31. 2018. . The foregoing ordinance was first read by title only in accordance with Article X. (lCJa Section 2(C) of the City Charter on ihe 10 day of I,r day of IrVJ'/S f ,1998, 5e.pIUtlbe.r- ,1998. , and duly PASSED and ADOPTED this ~ t<I.S~ Derek D. Severson. Acting City Recorder SIGNED and APPROVED this 2nd day of 5e.p/e.M bd' ,1998. I ~~~ Catherine M. Shaw. Mayor ~a;:;~ Paul Nolte, City Attorney Page 1 - SANITARY FRANCHISE ORDINANCE G,'PAUL'ORO'A,h'and San~a'Y F<anchi", O'd.wpd RECYCLING CENTER LEASE. Date: January 1, 1996 Lessor: City of Ashland, 20 East Main Street, Ashland, Oregon ("City') Lessee: Ashland Sanitary Service, Inc, ("Lessee") . Recitals: A. Lessee has been granted a franchise' by City for the collection of soiid waste. As a . part of its franchise, Lessee also operates recycling programs for city residents. B. Lessee is currently using the premises owned by City and described below for a recycling center. The use by Lessee has never been formalized between Lessee and City and the parties intend by this lease to formalize their agreement for use of the premises. City and Lessee agree as follows: 1. Description of Premises. City leases to Lessee, and Lessee leases from City, the real property (the "premises") described on Exhibit A attached and incorporated in this lease by this reference. 2. Term. The premises are leased. for a term (the "term") commencing on the date of this lease and expiring at such time as the Lessee is no longer the franchisee for solid waste collection in the City or upon termination as provided section 17. 3. Recycling Center. ",- 3.1. Lessee has previously constructed or placed buildings (the "buildings") and related improvements on, under, and over the premises, The buildings and all the related improvements are referred to in this lease as the "Recycling Center." The Recycling Center and any Mure alterations, additions, replacements, or modifications to the Recycling Center during the term of this lease are referred to in this lease as the 'improvements, " ! 3.2. Lessee shall construct any additional improvements to the Recycling Center in accordance with the final plans and specifications approved by'City,which approval shall not be unreasonably vwthheld 'or .delayed. 4. Rent. No. rent shall be payable with respect to the premises. 5. Use. 5.1. Lessee shall use and occupy the premises continuously during the term for the operati.onof a recycling center to collect material for recycling or reuse authorized . - PAGE "1.RECYCl:ING CENTER LEASE (p"..II....I;;) under City's or Lessee's recycling programs. The premises may not be used for any other purpose without the written consent of Lessee, w.hich consent shall not be unreasonably withheld, Lessee shall open its business to the public during the following days and hours: 9:00 a.m, to 5:00 p.m" Wednesday through Sunday or at such other days and hours as the parties may agree. Lessee's business may be closed on holidays. City shall have the right to approve any signs or displays Lessee may desire to erect on or about the premises that are visible from the exterior of the buildings, in order to ensure that City may control the quality and character of the presentation displayed by Lessee, Such approval may be withheld or revoked if City . in good faith believes such display or plan is unsatisfactory or inappropriate for the development. 5.2. Lessee shall not use or occupy, or permit or suffer all or any part of the premises or the improvements to be used or occupied (1) for, any unlawful or illegal business, use, or purpose, (2) in any such manner to constitute a nuisance of any kind, or (3) for any purpose or in any way in violation of the certificate of occupancy, or of any legal requirements, including but not limited to legal requirements respecting hazardous substances. The term hazardous substance means any hazardous, toxic, . or dangerous substance, waste, or material that is the subject of environmental protection legal requirements, including but not limited to the items listed in the United States Department of Transportation Hazardous Materials Table (49 CFR ~172.101) or designated as hazardous substances by the United States Environmental Protection Agency (40 CFR pt 302). Lessee acknowledges that the term legal requirements includes but is not limited to all environmental protection laws such as the Comprehensive Environmental Response, Compensation and Liability Act (42 USC !l6901 et seq.), the Federal. Water Pollution Control Act (33 USC !l6901et seq.), the Federal Water Pollution Control Act (33 USC !l1257 et seq.), and the Clean Air Act (42 USC ~2001 et seq.). 5.3. Lessee shall observe and comply with all conditions and requirements necessary to preserve and extend any and all rigpts, licenses, permits Qncluding but not limited to zoning variances, special exceptions, and nonconforming uses), privileges, franchises, and concessions that now apply to the premises or that have been granted .to or contracted for by City or Lessee in connection with any exi1;lting or presently contemplated use of the premises or the improvements. f I 5.4. Lessee shall permit City use of the premises for the purposes of conducting educational classes for citizens regarding city's recycling programs. City's use of the property for this purpose will be at such times and dates as mutually . agreed by the parties, 5.5. Nothing contained in this lease shall be construed as providing for the creation of a public way, city street or public forum on the premises. For such purposes the parties agree the premises are to be regarded as a private place and Lessee is under no obligation to allow use of the premises for the circulation of initiative petitions or for any other purpose except as expressly provided for in this lease, PAGE 2~RECYCLlNG CENTER LEASE 1,,,.oll...I.., 6. Uens 6.1. Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance on the reversion or other estate of City or on any interest of City in the premises. 6.2. Lessee shall not suffer or permit any liens to attach to the interest of Lessee in all or any part the premises by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to, Lessee or anyone occupying or holding an interest in all or any part of the improvements on the premises through or under Lessee, If any such lien shall at any time be filed against the premises, Lessee shall cause the same to be discharged of record within 30 days after the date of filing the same, by either payment, deposit, or bond. 6.3. Nothing in this lease shall be deemed to be, or be construed in any way as constituting, the consent or request of City, express or implied, by inference or otherwise, to any person, firm, or corporation for the performance of any labor or the fumishing of any materials for any construction, rebuilding, alteration, or repair of or to the premises or to the improvements, or as giving Lessee any right, power, or authority to contract for or permit the. rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien against City's interest in the premises or against City's interest, if any, in the improvements. Lessee is not intended to be an agent of City for the construction of improvements on the premises. City shall have the right to post and keep posted at all reasonable times on the premises and on the improvements any notices that City shall be required to post for the protection of City and of the premises and of the Improvements from any such lien. The foregoing shall not be construed to diminish or vitiate any rights of Lessee in this lease to construct, alter, or add to the improvements, .7. Taxes; Utilities. r 7.1. property Taxes. Lessee shall pay as due all taxes on its personal property located on the premises. City shall pay as due any real property taxes and special assessments levied against the premises. 7.2. Payment of Utilities Charges. Tenant shall pay when due all charges for services and utilities incurred in connection with the use, occupancy, operation, and maintenance of the premises, including (but not limited to) charges for fuel, water, gas, electricity, s~wage disposal, power, refrigeration, air conditioning and telephone, 8. Insurance: 8.1. Lessee shall, at its own expense, at all times during the term of this lease, maintain in force a comprehensive general liability policy including co-.:erage for contractuai liability for obligations assumed under this agreement, blanket contractual . liability, products and completed operations, owner's and contractor's protective PAGE 3-RECYCLlNG CENTER LEASE (."".rI.".I..) 'f insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500;000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Uability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Contractor under this agreement. These certificates shall contain provision that coverages 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. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 8.2. Lessee may, but is not required to, keep the premises insured at Lessee's expense against flood and other risks covered by a standard flood insurance policy, . Lessee shall make available the proceeds of any such insurance first for the restoration of the improvements on the premises, Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by any of the risks enumerated in a standard flood insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party;s insurance company shall have a subrogated claim against the other, This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. .'.." 9. Compliance with Legal Requirements. 9.1. Throughout the term, Lessee shall promptly comply with all legal requirements that may apply to the premises er to .thE! use or manner of uses of the premises or the improvements or the owners or \!sers of the improvements, whether or not the legal requir~ments affect the interior or exterior of the improvements, necessitate structural changes or improvements, or interfere with the use and enjoyment of the premises or the improvements, and whether or not compliance with the legal requirements is required by reason of any condition, event, or circumstance existing before or after the term commences. Lessee shall pay all costs of compliance with legal requirements, but Lessee shall have the right to cease occupation or use of, or to demolish or remove, all or any part of the premises or the improvements in lieu of compliance with any legal requirement that may require expenditures on behalf of Lessee for c?ntinued use or occupation oHhe premises. 9.2. Lessee shall have the right, after prior written notice to City, to contest by appropriate legal proceedings, diligently conducted in good faith, in the name of Lessee or City or both, without cost. or expense to City, the validity or application of any legal requirement subject to the following: , i ! PAGE 4.RECYCLlNG CENTER LEASE Ip,,,oI\ao..~') 9.2.1. If, by the terms of any legal requirement, compliance may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge, or liability of any kind against all or any part of the premises or the improvements and without subjecting Lessee or City to any liability, civil or criminal, for failure to comply, Lessee may delay compliance untii the final determination of such proceeding; or . 9.2.2. If any lien, charge, or civil liability would be incurred by reason of any such delay, Lessee nevertheless may contest the matter and delay compliance, provided that such delay would not subject City to criminal liability or fine, and Lessee 9.2.2.1. Furnishes to City security, reasonably satisfactory to City, against any loss or injury by reason of such contest .or delay, and 9.2.2.2. Prosecutes the contest with due diligence. 9.3. City shall execute and deliver any appropriate papers that may be necessary or proper to permit Lessee to contest the validity or application of any legal requirement, provided all the requirements of this section have been satisfied by Lessee' and City will incur no cost. 10. Repairs and Maintenance. 10.1'. Except as otherwise specifically provided in this lease, Lessee shall maintain, repair, and replace the premises and the improvements as necessary to keep them in good order, condition, and repair throughout the entire term. Lessee's obligations shall extend to both structural and nonstructural items and to all maintenance, repair, and replacement work, including but not limited to unforeseen and extraordinary items. 10.2, City shall maintain, repair, and replace the asphalt driveway and the cyclone fence on the premises to keep suchin gOod order, condition, and repair throughout the entire term, f i :.~~;)i.' 11. Alterations, Additions, and New improvements. The term modifications means any demolition, improvement, alteration, change, or addition, of, in, or to all or any part of the premises or the improvements. The term minor modifications shall mean any modifications costing less than $5,000, and the term major modifications shall mean any and all modifications other than minor modifications, Multiple modifications occurring within a period of 365 days shall be' deemed a single modification for the purposes of applying the provisions contained in this section, Atany time during the term and at Lessee's own cost and expense, Lessee may make or permit to be made any minor modifications, provided there is no existing and unremedied default on the part of Lessee, of which Lessee has received notice of default, under any of the terms, covenants, and conditions of this lease. Major modifications shaUrequire the prior consent of the City. All salvage material in connection with any modification that Lessee is permitted to make shall belong to Lessee. PAGE 5-RECYCLlNG CENTER LEASE {p...I\....I..1 12. Title to Improvements. Title to improvements shall be and remain in Lessee until the expiration of the term, unless this lease is terminated sooner as provided. Upon such expiration or sooner termination, the parties shall mutually determine the . disposition of the improvements and the value to be paid by City if the improvements remain on the premises, During the term, Lessee shall be entitled for all taxation purposes to claim cost recovery deductions and the like on theimproYements. 13. ~o Waste. Lessee shall not do or suffer any waste or damage, disfigurement, or injury to the premises or the improvements. Demolition of all or any part of the improvements done in accordance with the requirements of section 11 shall not be considered prohibited by the terms of this section. 14. Inspection and Access. 14.1. Lessee shall permit City or its authorized representative to enter the premises and the improvements at all reasonable times during usual business hours for the purposes of inspecting the same and making any repairs or pertorming any work that Lessee has neglected or refused to make in accordance with the terms, covenants, and conditions of this lease. Nothing in this lease shall imply any duty or obligation on the part of City to dosny such work or to make any improvements of any kind whatsoever to the premises. (including, but not limited to, repairs and other restoration work made necessary due to any fire, other casualty, or partial condemnation, irrespective of the sufficiency or availability of any fire or other insurance proceeds, or any award in condemnation, which may be payable). The performance of any work by City shall not constitute a waiver of Lessee's default in failing to perform the same, ..... 14.2. During the progress of any work on the premises or the improvements performed by City pursuant to the provisions in this section, City may keep and store on the premises all necessary materials; tooTsj;supplies, and equipment. City shall not be liable for inconvenience, annoyance, disturbance, loss of business, brother damage of Lessee or any user by reason of making such repairs or performing any such work, or on account of bringing materials, tools, supplies, and equipment onto the' premises or into the improvements during the course of the work and the obligations of Lessee under this lease shall not be affected by the work. 14.3. City shall have the right to enter on the premises and the improvements at all reasonable times during usual business hours for the purpose of showing the same to prospective purchasers of City's interest and, at any time within two years before the term expires, for the purpose of showing the same to prospective Lessees. 14.4. Except in the event of emergency repairs, all entry to the premises by City shall require at least 24 hours' advance notice to. Lessee. In the event of any emergency repairs, City shall use reasonable efforts to give Lessee the earliest possible notice of the same. f PAGE 6-RECYCLlNG CENTER LEASE Ip"...I....I..1 15. City's exculpation and Indemnity. 15.1. Lessee Is and shall be in exclusive control of the premises and of the improvements, and City shall not in any event whatsoever be liable for any injury or damage to any properly or to any person happening on, in, or about the premises or the improvements or any injury or damage to the premisesortheimprovements or to any properly, whether belonging to Lessee or to any other person, caused by any fire, breakage, leakage, defect, or .bact condition in any part or portion of the premises or' of the improvements, or from steam, gas, electricity, water, rain, or snow that may leak into, issue, or flow from any part of the premises or the improvements from the drains, pipes, or plumbing work of the same, or from the street, subsurface, or any place or quarter, or due to the use, misuse, or abuse of all or any of the improvements or from any kind of injury that may arise from any other cause whatsoever on the premises or in or on the improvements, including defects in construction of the improvements, latent or otherwise. . 15.2. Lessee 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 properly, of whatsoever nature arising out of or incident to the performance of this agreement by Lessee (including but not limited to, Lessee's employees, agents, and others designated by Lessee to perform work or services attendant to this agreement), . Lessee shall not be held responsible for damages caused by the negligence of City.' .'... 15.3. During those times City is using the premises as provided In section 5.4, City shall defend, indemnify and'save Lessee, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogatlons, or other damages resulting from injury to any person Qnclud,ing injury resulting in death,) or damage (including losspr destruction) to property, of whatsoever nature arising out of or incident to City's use of the premises. City shall not be held responsible for damages caused by the negligence of Lessee, howe;ver. 16. Assignment anli Subletting. Lessee shall not sell, assign, or in any other manner transfer this lease or any interest in this lease or the estate of Lessee under this lease without the prior consent of City, which consent shall not be unreasonably withheld or delayed. ! 17. Default; Remeclles. 1'7.1.. The occurrence of anyone or more of the following events of default constitutes a.breach of this lease by Lessee: 17.1.1. If Lessee, whether by action or inaction, is in default of any of its obligations under this lease and such default continues and is not remedied within 30 days after City has given Lessee a notice specifying the same, or, in the case of a default that can be cured but not within a period of 30 days, if Lessee has not (1) PAGE 7-RECYCLlNG CENTER LEASE Ipmn...J"j commenced curing such default within such 3D-day period; (2) notified City of Lessee's intention to cure the default; or (3) continuously and diligently completed the cure of the default, 17.1.2, During any 12-month period, Lessee shall be entitled to only two notices pursuant to section 17,1,1. 17.2. Upon the occurrence of an event of default, City may exercise anyone or more of the remedies set forth in this section or any other remedy available under applicable law or contained in this lease: 17.2.1. City or City's agents and employees may immediately or at any time thereafter reenter the premises either by summary eviction proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution, or damages, and may repossess the same, and may remove any person from the premises, to the end that Cit}t may have, hold, and enjoy the premises, 17.2.2. City may relet the whole or any part of the premises from time to time, either in the name of City or otherwise, to such Lessees, for such terms ending before, on,or after the expiration date of the lease term, at such rentals and on such other conditions Qncludlng concessions and free rent) as City may determine to be appropriate. To the extent allowed under Oregon law, City shall have. no obligation to relet all or any part of the premises and shall not be liable for refusal tor.elet the . premises, or, in the event of such reletting, for refusal or failure to collect, any rent due on such reletting; and any action of City shall not operate to relieve Lessee of any liability under this lease or otherwise affect such liability. City at its option may make such physical changes to the premises as City, in its sole discretion, considers advisable and necessary in connection with any such reletting or proposed reletting, without relieving Lessee of any liability under tl:Jis leaS;6 or otherwise affecting Lessee's liability. , f i .'.." 17.3. Whether or not City retakes possession or relets the premises, City has the right to recover its damages, including without limitation all lost rentals, all legal expenses, all costs incurred by City in restoring the premises or otherwise preparing the premises for reletting, and all costs incurred by City in reletting the premises, 17.4. To the extent permitted under Oregon law, City may sue periodically for damages as they accrue without barring a later action for further damages. City may in one action recover accrued damages pius damages attributable to the remaining lease term equal to the difference between the Rent reserved in this lease for the balance of the lease term after the time of award, and the fair rental value of the premises for the same period, discounted at the time of award at a reasonable rate not to exceed 10% per annum. If City has relet the premises for the period that otherwise would have constituted all or part of the unexpired portion 9f the term, the amount of rent reserved on such reletting shall be deemed, prima facie, to be the fair PAGE B-RECYCLlNG CENTER LEASE I.".~\...~.I and reasonable rental value for the part or the whole of the premises so relet during the term of the reletting. . 17.5. No failure by City to insist on the strict performance of any agreement, term, covenant, or condition of this lease or to exercise any right or remedy consequent upon a breach, and no acceptance of full or partial Rent during the continuance of any such breach, constitutes a waiver of any such breach or of such agreement, term, covenant, or condition. No agreement, term, covenant, or condition to be performed or complied with by Lessee, and no breach by Lessee, shall be waived, altered, or modified except by a written instrument executed by City, No waiver of any breach shall affect or alter this lease, but each and every agreement, term, covenant, and condition of this lease shall continue in full force and effect with .' respect to any other thencexisting or subsequent breach. . 17.6. Each right and remedy provided for in this lease shall be cumulative and shall be in add.ition to every other right or remedy provided for in this lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by City or Lessee of anyone or more of the rights or remedies provided for in this lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other rights or remedies provided for in this lease or . now or hereafter existing at law. or 'in equity or by statute or otherwise. 18. Surrender 18.1. Except as otherwise provided, Lessee, on the last day of the term, shall surrender and deliver up the premises and all improvements to the possession and use of City without fraud or delay, free and clear of a1llettings and occupancies other than subleases then terminable at the option of City or subleases to which City shall have specifically consented, and free and cle~ of allliilns and encumbrances other than those, if any, presently existing or created or suffered by City, without any payment or allowance whatever by City on account of any improvements on the premises. I , , 18.2. When furnished by or at the expense of Lessee or any sublessee, furniture, fixtures, and equipment may be removed by Lessee at or before this lease terminates, provided, however, that the removal will not injure the premises or the improvements or necessitate changes in or repairs to the same. Lessee shall payor cause to be paid to City the cost of repairing any damage arising from such removal and restoration of the premises and/or the improvements to their condition before . such removal. ' . 18.3. Any personal property of Lessee or any sublessee that shall remain on the premises after the termination of this lease and the removal of Lessee or such sublessee from the premises may, at the option of City, be deemed to haye been .' abandoned by Lessee or such sublessee and may either be retained'by City as its property or be disposed of, without accountability, in such manner as City may see frt, PAGE 9-RECYCUNG CE~ER LEASE Ip".ol\....~., or if City gives written notice to Lessee to such effect, such property shall be removed by Lessee at Lessee's sole cost and expense. If this lease terminates early for any reason other than the default of Lessee then, anything to the contrary notwithstanding, Lessee or any sublessee shall have a reasonable time thereafter to remove its personal property. . 18.4. City shall not be responsible for any loss or damage occurring to any property owned by Lessee or any sublessee, unless caused by City's negligence, 18.5. The provisions of this section shall survive any termination of this lease. 19. No Representations. Lessee acknowledges that it has examined the premises and that no representations as to the condition of the premises have been made by . City or any agent or person acting for City (except as expressly provided in. this lease), . Before any construction commences on the premises, Lessee shall conduct tests of the subsurface and soil conditions to ascertain the suitability of the premises for the . contemplated Recycling Center and shall furnish such fill and take such other steps as may be required before the commencement of construction. City shall have no liability because of, or as a result of, the existence of any subsurface or soil condition, either on the premises or on adjacent land, that might affect Lessee's construction. . 20. Costs and Attorney Fees. If either party brings an action to recover any sum due ". . or for any breach and obtains a judgment or decree in its favor; the court may award to such prevailing party its reasonable costs and reasonable attorney fees, specifically, . including reasonable attorney fees incurred in connection with any appeals (whether or not taxable as such by law). 21. Entire Agreement. This lease contains the entire agreement between the parties and, except as otherwise provided, can be changed, modified, amended, or terminated 9n1y by an instrument in writing executed by the parties, It is mutually acknowledged and agreed by Lessee and City th.at there are no verbal agreements, representations,. warranties, or other understandings affecting this lease. I ! ! r"1 ~'- .-' .?'?z~ ./. tJLj /. J , " . L.,T- /.'-4...l:HI/,.."Jh ./ PAGE 10-RECYCUNG CENTER LEASE 1'''''"....1..1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Request Clarification of Living Wage Ordinance October 6, 2009 Primary Staff Contact: Don Robertson Parks and Recreatio E-Mail: robertsd@ashland.or.us Legal Secondary Contact: Richard Appicello Martha Bennet Estimated Time: 10 minutes Question: Will the Council direct staff to prepare an ordinance to clarify the Living Wage ordinance by defining "twelve month period" and by determining whether a retroactive penalty is automatic? Staff Recommendation: Staff recommends a clarification of the statement "any twelve month period" to read "during a calendar year" Staff also requests that clarification be made that allows employment to continue after the 1040 hours at the Living Wage without a retroactive clause. Background: Ashland's Living Wage ordinance section 3.12.020 A(s) states: "Employee does not include: Employees who are hired as temporary or part-time employees and who are employed for a total of less than 1040 hours in any twelve month period." It also states in 3.12.040 B: "An employee claiming violation of this chapter may choose to bring an action in the Circuit Court of Oregon against an employer and may be awarded back pay for each day during which the employer failed to pay the employee the required Living Wage. As additional damages the employee shall be awarded an amount equal to an hour's pay for each hour the employee was not paid the amount required in section 3.12.030 and any additional injunctive relief necessary and appropriate under the circumstances. The court shall award reasonable attorney's fees and costs to an employee who prevails in any such enforcement action." The City hires seasonal employees and it is always preferable to rehire these employees every year. The change to calendar year will allow hiring a seasonal employee back the following year without requiring living wage (instead of hiring an untrained new seasonal employee which avoids the living wage.) Sometimes the City hires a temporary employee and that employee's performance is exemplary, so much so the employee is offered additional temporary or permanent employment. The penalty provision penalizes the City in this instance by exposing the city to pay back pay. This was not intended and an exemption should be added for such offers. Related City Policies: None Page I of I ~~, CITY OF ASHLAND Council Options: Council can consent to the request for clarification of "any twelve month period" to "during a calendar year" and allow employment to continue after the 1040 hours at the Living Wage without a retroactive clause, or council can deny consent and maintain current interpretation. , . Potential Motions: 1) Move approval of clarification of "any twelve month period" to "during a calendar year" as well as continuation of employment after 1040 hours at the Living Wage without a retroactive clause. 2) Move to deny staffrequest and maintain current interpretation. Attachments: None Page 2 of I ~~, CITY OF ASHLAND Council Communication Amending AMC Chapter 2.41 Voluntary Campaign Contribution/Spending Limit Meeting Date: October 6, 2009 Primary Staff Contact: Barbara Christensen Department: City Record.er's Office E-Mail: christeb@ashland.or.tis Secondary Dept.: City Attorney Secondary Contact: Richard Appicello Approval: Martha Benne Estimated Time: 10 minutes Question: Would the Council approve second reading of the ordinance to amend Ashland Municipal Code Chapter 2.41 "Voluntary Contribution & Spending Limits for Candidates for City Offices"? Staff Recommendation: Recommendation is to approve second reading of ordinance. Background: In 1995 Councilor Steve Hauck initiated AMC 2.41 "Voluntary Contribution & Spending Limits for Candidates for City Offices," which was then adopted in 1995. Second reading of ordinance includes correction to Section 2.41.050 (B) and (C) to indicate the correct subsections and appeal process which includes a hearing by an officer selected by the city counciL The number of registered voters in 1996 was 12,850; current number of registered voters is 14,222. There has been a 1.07% increase in registered voters over this time and a 2.7% increase over time in the expenditure limit. The cost per voter in 1996 was .19 and in 2008 was .22 per registered voter. Section 2.41.050(A) (D) Expenditure Limits requires further discussion by counciL In order to facilitate discussion the following choices are being offered in order to help determine a formula: 1) make no changes to current formula - current formula allows approximately .22 per register voter (current registered voters is 14,222) 2.41.050 (A) A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of$3, 176 (as 0(2008 election) 2.41.050(D) The recorder is authorized to adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CP1-U) December to December. ~.l' CITY OF ASHLAND 2) give formula ability to change according to current number of registered voters and continue to adjust annually based on CPI as currently stated in ordinance 2.41.050 (A) add language - "... will not make attributable expenditures in excess of times current number of registered voters" Examples: .25x 14,222=$3,555; .30x14, 222=$4,266; .33x14, 222=$4,693; .35xl4, 222=4,777 2.41.050(D) The recorder is authorized to adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CPI-U) December to December. 3) give formula ability to change according to current postal rate and current number of register voters 2.41.050 (A) A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of a dollar amount equal to the sum resulting from application of the following Expenditure Limit Formula: (County Verified Number of Registered Voters in the City of Ashland on January 1 of the current year) multiplied times (the postage rate for a piece of First Class Regular Mail on January 1, 2010; adjusted annually thereafter, but not to exceed a vercentaiZe increase on an annual basis which is equal to the current CP1-all urban consumer Portland index) 2.41.050(D) The recorder is authorized to adjust annually on January 1st of each year the expenditure limits calculated by the Expenditure Limit Formula, identified in Section 2.41.050.A. above. Formula- 14,222 x .44 = $6,257 Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: Approve/disapprove second reading of ordinance. Potential Motions: Motion to approve/disapprove second reading of ordinance. Attachments: Proposed Ordinance AMC 2.41 Page 2 of2 ~.l' ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 2.41 CONCERNING VOLUNTARY CONTRIBUTION AND SPENDING LIMITS FOR CANDIDATES FOR CITY OFFICES Annotated to show dolotiom: 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 Citv 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 Firefiqhters, Local 1660, Beaverton Shop, 20 Or. App. 293, (1975); and WHEREAS, the City Council requested the City Recorder review the City's voluntary campaign finance limits and recommend any desirable changes; and WHEREAS, on the recommendation of the City Recorder, the City of Ashland wishes to modify City Ordinances relating to Voluntary Contribution and Spending Limits for Candidates for City Offices to be more consistent with the requirements of state law; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 2.41 is hereby amended to read as follows: Section 2.41.010 Definitions. The words and phrases used in this chapter shall be construed as defined in ORS Chapter 260 - Campaian Finance ReClulations. The following words and phrases whenever used in this chapter sholl be construed os dofinod in this €:Cction unless from the context :I different meaning is intended. ^- "Candid:lte" me:lns: Page 1 of 11 1. ,^,n individual whoso n3mo is printod on 0 ballot, for .....hom 0 declaration of candidacy or nominating potition has boon filod, who requested 0 t311y of writo in votos undor ORS 2'19.007 or whoso n3me is oxpoctod to bo or h3s boon procontod with tho individual's consont, for olection to public offico; 2. J\n indi'/idual who h3s solicitod or recoivod .and accoptod 0 contribution, modo 3n expenditure, er givon con€:Cnt to 3n individu31, org3nization or political committoo to solicit or receivo and 3CCopt 3 contribution or mako on expondituro en tho individu31's boh31f to cocure oloction to any public offico 3t 3ny timo, 'IIhothor or not tho offico who which tho individual .....ill cook oloction is known whon tho solicitation is m3do, the contribution recoivod 3nd retainod or tho oxponditure is modo, and '....hothor or not the n3mo of tho individu31 is printed on tho ballot; or 3. ^ public office holdor against whom 3 rec311 potition h3s boon complotod and fiIefh B. Excopt os providod in soction 2.11.020, 1. :Contributo" or "contribution" includes: a. Tho paymont, loon, gift, forgiving of indebtodnoss, or furnishing without oquivalont compens3tion or considor3tion, of monoy, cervicoc othor th3n porsonal wrvicos for 'Nhich no componcation is 3skod or given, supplioc, oquipment or 3ny othor thing of valuo: i. For tho purposo of influoncing on eloction for public offico or of reducing tho dobt of 3 c3ndidato for oloction to public offico or tho dobt of 3 political committoo; or II. To or on boh31f of 3 candidato, political committeo; 3nd (ORD 2791, S 1 -1-9971 2. Rogarding 0 contribution m3do for compons3tion or concidoration of loss th3n oquiv31ont valuo, only tho oxcoss valuo of it chall bo considomd a contribution. C. "Eloctor" me3ns: on individual qualifiod to vote under cection 2, Articlo II, Oregon Constitution. D. Excopt os provided in soction 2.11.020, "oxpond" or "oxponditure" includes tho payment or furnishing of monoy or any thing of valuo or tho incurring or repaymont of indobtednoss or obligation by or on boh31f of 0 candidato, political committoo or porson in considoration for any servicos, supplios, oquipment or othor thing of value porformed or furnishod for 3ny mason, including in support of or in opposition to 0 candidate, political committoo, or for mducing the dobt of 3 candidate for oloction to public office. "Expenditure" also includoc contributions modo by 3 c3ndid3to or political commiltoo to or beh31f of n3Y other candidato for public offico or pol!tical committoo. (ORD 2791, 82 1997) E. "Indopondont oxpondituro" m03ns 3n oxpondituro by 0 person for 0 communication exprossly 3dvoc3ting tho oloction of 0 cloarly idontifiod c3ndidato Page 2 of 11 th3t is not m3do '.\lith the coopor3tion or with tho prior concont of, or in consultation with, or 3t tho requost or suggostion of, 0 candidato or any agont or 3uthorizod committoo of tho candidato. !\s u€:Cd in this wbwction: 1. "J'.gont" ma3ns any parson who has: a. J'.ctual oral or \witton 3uthority, oithor express or impliod, to m3ke or to authorizo tho making of oxponditures on beh31f of 0 candid3to; or b. Boon placod in 3 position within tho c3mpaign org3niz3tion whoro it 'Nould roasonably appoar that in tho ordinary courso of camp3ign rol3tod 3cti'litioc tho porson may authorizo oxpondituros. 2. "Cloarly idontifiod" means: a. Tho namo of tho candidato involvod appears; b. A photogr3ph or dr3wing of tho candidato appoars; or c. Tho identity of tho candid3to ic apparont by un3mbiguous roforonco. 3. "Expressly 3dvoc3tinq" moons any communication containing 0 mecsago advocating oloction or def-eat, including but not limitod to tho namo of the candidato, or oxprescions such ac "'late for," "oloct," "cupport," "C3St your b3110t for," or "vote 3g3inst," "dofoat" or "rejoct." 4. "Modo with tho cooporation or '.\lith tho prior consont of, or in consultation with, or at the request or suggostion of, 3 candidato or any agont or 3uthorizod committoo of tho candidato": a. Moons any arrangomont, coordin3tion or direction by tho candidato or tho candidate'c agent prior to tho public3tion, distribution, display or broadc3st of tho communic3tion. An oxponditure sholl be presumed to bo modo so whon it ~ i. Basod on information about tho candidato's plans, projoclE; or noods providod to tho oxpending porson by tho c3ndidate or by tho c3ndidato's 3gont, with 0 vie'.... toward ha'/ing on oxponditure modo; or ii. Modo by or through any person who is, or has boon, authorizod to r3iso or oxpond fundc, who is, or hoc boon, 3n officor of 3 politiC31 commilteo authorizod by tho c3ndid3to or who is, or has boon, rocoiving any form of compensation or reimbursomont from tho c3ndidoto, tho candidato's principal c3mp3ign commiltoe or agoncy; and b. Doos not include providing to the exponding porcon upon roquest 3 copy of this chaptor or any ruloc adoptod by tho recordor rel3ting to indopondont oxpenditures. F. "Labor org3niz3tion" moanc any organization of 3ny kind, or 3ny agoncy or omployoo roprosontation committoe or plan, in which omployoos participate and that exists for tho purpoce, in 'Nhole or in p3rt, of doaling with omployom concorning griovances, labor disputos, 'J/3g0S, ratos of pay, hourc of omploymont or conditions of work. G. "Person" moons on individu31 or 3 corpor3tion, association firm, partnorchip, joint stock company club, org3nization or other combination of individu31s h3ving collocti'/o capacity. Page 3 of 11 H. "Political committoo" moons 0 combination of two or more individuals, or 3 porson othor than on individual, that has recoivod 3 contribution or m3do 3n oxpondituro for the purposo of: 1. Supporting or oppocing 0 candidato; or 2. Making indopondont oxpondituros in support of or in opposition to 3 candidato. (ORD 2979'18'1,1997) I. "Public offico" moons any city offico or position th3t is fillod by tho olectors. J. "'lVith respoct to 0 single oloction" moons, in tho coso of 0 contribution to 0 candidate for public offico: 1. Tho noxt oloction to that public offico, aftor tho contribution is modo; or 2. In tho coso of a contribution made 3fter 3n oloction and designatod in writing by tho contributor for tho previous oloction, tho oloction so dosignatod. A contribution m3Y bo dosignated for 3 provious eloction undor this subsection if tho contribution does not excood tho oxponditure doficit of tho candidato or princip31 campaign committoe of tho candidato recoiving tho contribution. Section 2.41.020 Contribution and Expenditure Exclusions. Contribution and Expenditure Exclusions shall be as defined and set forth in ORS Chapter 260 - CampaiQn Finance Requlations. As usod in this chaptor, "contributo," "contribution," "oxpond" or "oxpondituro" doos not include: .^.. !\ny \vrillon news story, commontary or oditori31 distributod through tho fucilitios of 3ny bro3dcasting st3tion, nowspapor, magazino or othor poriodical publication, unloss 0 political committoo O'....nc tho fucility; B. An individu31's use of tho individu31's OViD porson31 residonco, including a community room associatod with tho individual's residonco, to conduct 0 rocoption for 0 candidate, and tho cost of invitations, food and bovOKlgOC providod at the recoption; C. l\ vondor's s310 of food 3nd bovoragos for use in 3 c3ndid3to's campaign at chargo loss than tho normal comparablo chargo, if tho chargo is at loact oqualto tho cost of tho food or boveragos to tho vondor; D. .'\ny unreimbursod paymont for travol oxpensos 3n individu31 m3kes on bohalf of 3 c3ndid3to; E. Any loon of-monoy m3do by a stato bonk, 0 fodorally chartored dopository institution or 0 depository institution insured by the Fodoral Doposit Incurance Corpor3tion, Feder31 S3vings 3nd Lo:m Insuranco Corporation or the Notional Crodit Union ^dministF3tion, othor than any ovordraft chargo modo with respoct to 0 checking or sa'/ings account, if tho loon boors tho ucual 3nd custom3ry intorest ratoc for tho catogory of loon involvod, is m3do on tho b3sis th3t 3ssuros ropaymont, ic ovidoncod by 0 writton instrumont 3nd is subjoct to 3 duo d3to or 3mortiz3tion schedulo. Each ondorsor or gU3r3ntor of tho loon, howevor, sholl bo considorod to havo contributod that portion of tho total amount of tho loon for Page 4 of 11 which tho porson agreod to be li3blo in 3 writton 3groomont, excopt if tho endorsor or guarantor is tho c3ndid3to's spouso; F. Any nonp3rtis3n activity dosignod to oncour3go individu31s to vote or to rogistor to vote; G. J\ny communication 3 memborship org3niz3tion or corporation makes to its mombors, chareholders or omployoos if the momborship org3niz3tion or corporation is not org3nizod primarily for tho purpoco of influencing on oloction to offico; 3nd H. Tho paymont of compons3tion for log31 3nd 3ccounting sorvicec rondored to 3 c3ndidato if the ponson paying for tho wrvicos is tho regular employor of tho individual rondoring tho servicoc and tho serviGos 3re colely for tho purpoco of insuring complianco with tho provisions of this chaptor. Section 2.41.040 Expenditure Limit Definitions. The words and phrases used in this chapter, includinQ specificallv Expenditure Limit Definitions, shall be construed as defined in ORS Chapter 260 - CampaiQn Finance ReQulations. ,^.s usod in soctions 2.11.010 to 2.11.090: /\. "Attribut3blo oxpondituro" moons on oxponditure from contributions, including any loons rocei'lod, including accmjntc paY3ble, m3do or authorizod: 1. By the candidato or 3 porcon acting for the c3ndid3to; 2. For tho treasuror of tho c3ndid3to or tho c3ndid3te's princip31 c3mp3ign committoo; 3. For 3nothor person or political committoo undor tho direction or control of tho Gandidato or the troacurer of tho candidato or the c3ndidate'c principal campaign committoo. B. "Attributable exponditure" doos not includo on oxponditure that is 0 ropaymont on o loon or on indopondont expendituro. C. "Rocordor" moons the City Rocordor. D. "'lVith rospoct to tho spocial or primary oloction" means tho poriod beginning on the dote that the namo of 0 treasurer is Gortifiod to tho rocordor undor ORS 260.035 or 260.037 or the day following the lost day of tho accounting poriod for o pro'lious statomont of contributions rocoived or oxponditures modo if tho statomont shows 3n exponded balanco of contributions or on oxponditure doficit, and onding on tho 20th d3Y aftor tho dato of tho spocial or primary oloction. E: "With rospoct to the goneral oloction" moons tho poriod oxtonding from the dato tho nome of 3 tr03surer for tho candidato or tho principal campaign committoo of tho candid3to is cortifiod to tho recordor and onding on Decomber 31. Section 2.41.050 Expenditure Limits. A) A. A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the Page 5 of 11 candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of $2,500 1) 2.41.050 (A) A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of $3, 176 (as of 2008 election) 2.41.050(0) The recorder is authorized to adjust annually on April 1 st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CPI- U) December to December. 2) 2.41.050 (A) A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of times current number of current registered voters" 2.41.050(0) The recorder is authorized to adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CPI- U) December to December. 3) 2.41.050 (A) A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of a dollar amount equal to the sum resulting from application of the following Expenditure Limit Formula: (County Verified Number of Registered Voters in the City of Ashland on January 1 of the current year) multiplied times (the postage rate for a piece of First Class Regular Mail on January 1,2010; adjusted annually thereafter, but not to exceed a percentaqe increase on an annual basis which is equal to the current CPI-all urban consumer Portland index) 2.41.050(0) The recorder is authorized to adjust annually on January 1st of each year the expenditure limits calculated by the Expenditure Limit Formula, identified in Section 2.41.050.A. above. for any public office. B. For purposes of this section, attributable expenditures made prior to the applicable special, primary or general election reporting period in consideration for goods to be delivered or services to be rendered solely during the special, primary or general election reporting period shall be charged against the expenditure limits described in subsections A and B of this section in the reporting period during which the goods or services are delivered. C. A candidate or political committee described in subsections A and B of this section who have filed a declaration under this section stating that the candidate Page 6 of 11 or committee will not make attributable expenditures with respect to the special, primary and general election in excess of the limits described in subsections A and B of this section shall not be bound by the declaration if any opposing candidate or political committee for the same public office at the same election has not filed a declaration indicating that the candidate or political committee will limit expenditures or has filed the statement but has made expenditures exceeding the applicable limit. (ORD 2794, S7 1997) D. The recorder is authorized to adjust annually on April January 1 st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index All Urban Consumer Portland Index (CPI U) December to December. calculated by the Expenditure Limit Formula, identified in Section 2.41.050.A. above. Section 2.41.060 Declaration of Limits on Expenditures. A. The declaration of limits on expenditures filed under section 2.41.050 shall certify that with respect to the special, primary or general election, the candidate or the principal campaign committee of the candidate or political committee will not incur attributable expenditures in excess of the applicable expenditure limit described in section 2.41.050. B. The recorder shall prescribe forms for the filing of the information required by this section. The forms shall also include the name of the candidate by which the candidate is commonly known and by which the candidate transacts important private or official business. (ORD 2794, sa 1997) C. The declaration shall be filed with the recorder: 1. For a candidate, not later than the date the candidate files the name of the candidate's campaign treasurer; and 2. For a political committee, not later than the date that the name of a treasurer is certified to the recorder under ORS 260.035 or 260.037. Section 2.41.070 Expenditures Not Qualifying as an Independent Expenditure. Expenditures Not Qualifvina as an Independent Expenditure shall be as defined and set forth in ORS Chapter 260 - Campaian Finance ReQulations. A. An oxpondituro not qualifying 3S 3n indopendont oxponditure chall bo concidorod on in kind contribution to tho candidato or tho principal campaign committoo of tho candidato or political committoo and on oxponditure by tho c3ndid3to or tho principal campaign committoo of tho candidate or political committoo. B. For purposoc of section 2.'11.050, the 3mount of 3n oxponditure not qualifying 3S 3n indopondont exponditure sholl count againE:t tho oxpendituro limits of tho c3ndidato or political committoo for '....hoco bonofit tho oxpondituro '.'If3S m3do. C. For purposos of tho contribution limitations octablichod by section 2.41.030, tho amount of on oxpondituro not qualifying os on indopondont oxponditure sholl count 3g3inst tho contribution limits of tho porson or political committoo m3king tho Page 7 of 11 oxponditure. D. No porson, including 3 c3ndid3to or politic31 committoo, sh311 roport 3n oxpondituro os 3n indopondont oxpenditure if tho oxpondituro doos not qU31ify 3S 3n indopondont oxponditure undor soction 2.41.01 O.E. Section 2.41.080 Procedures and Appeals. A. With respect to any election, the recorder shall examine each contribution and expenditure statement of each candidate and political committee who filed a declaration of limitation on expenditures under section 2.41.050 to determine whether any candidate or political committee exceeded the applicable expenditure limit. If the recorder determines after any filing that a candidate or political committee has exceeded the applicable expenditure limit, the recorder shall send a notice of the recorder's determination to the candidate or the treasurer of the political committee. Notice shall be sent by certified mail, return receipt requested.. If the recorder determines that the recorder or any candidate for election to an office for which the recorder is also a candidate for election has exceeded the applicable expenditure limit, the information shall be sent to the city attorney, who shall be substituted for the recorder in any enforcement proceeding under this section and section 2.41.090. The notice also shall state that the candidate may appeal the recorder's or the city attorney's determination as provided in this section. B. An Appeal of the City Recorder or City Attorney's determination under subsection A shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30.. except that the appeal shall be filed and processed in the office of the City Administrator and the HearinQ Officer will be selected by City Council. The appeal must be filed within ten (10) calendar days of the date of mailinQ of the notice of determination. A h03ring to contost tho dotormin3tion that 0 candidato or political commilloo hoc violatod the doclmation of limitation on oxponditurec os doscribod in subsoction A of this soction and to concidor circumstancos in mitigation chall be held boforo 0 homings officor appointod by the city 3dministr3tor: 1. Upon roquost of tho candidato or political commilloo, if the roquost is m3do not lator than tho wvonth day aftor tho candidato rocoivod tho notico sont undor subwction .^. of thic cection; or 2. Upon tho recordor's or city attornoy's own motion if tho motion is filod not lator th3n the soventh d3Y after the c3ndidato rocoivod tho notico sont undor subsoction ^ of this soction. C. All partios chall bo affordod on opportunity for he3ring 3fter re3sonablo notico, servod porsonally or by rogictored or certified m3il. 1. The notico shall includo: i. 1\ statoment of tho party'c right to h03ring, or 3 st3tomont of tho timo and plow of the h03ring; ii. ,to., st3tomont of tho 3uthority 3nd jurisdiction undor which tho hearing is to bo I-leIG; iii. A reforonco to tho particular soctions of this chaptor involvod; 3nd IV. A short and plain statemont of tho mattors 3ssortod or ch3rgod. Page 8 of 11 2. P3rtios m3Y oloct to bo representod by councol and to rocpond 3nd present ovidonco and argumont on 011 issuoc involvod. 3. Infmm31 disposition m3Y bo m3do of any coso by stipulation, agrood cottlomont, consent order or dobult. 1. At tho commencement of tho hoaring, tho hoarings officor sholl oxplain tho issuos involvod in tho h03ring 3nd tho m3tters th3t tho p3rties must oithor provo or dispro'/o. 5. Tostimony sholl bo takon upon oath or affirmation of tho '....itnoss from whom recoivod. 6. The h03rings officer sh311 placo on the record [l st3tomont of the substanco of any 'Nritlon or oral ox porto communications on 0 fact in icsuo modo to tho officor during tho pondoncy of tho proceoding 3nd notify tho partios of tho communication and of thoir right to robut such communications. 7. Tho h03rings officor sh311 insure th3t tho rocord dovolopod 3t the h03ring shm...s o full and fair inquiry into tho facts nocossary for considoration of 011 issuos proporly bofore tho prosiding officor in tho cow. 8. ^ vorbatim or31, writton or mochanical rocord sholl bo modo of 011 motions, rulings and tostimony. The record nood not bo transcribod unlecc requostod for purposos of rehoaring or court re'/iow. Tho city may chargo tho party requosting tr3nscription the cost of 3 copy of tr3nscription. D. Tho candidato or tho treasurer of tho political committoo neod not 3ppe3r in porcon at 0 hearing hold undor this cection, but inst03d may submit written tostimony and othor ovidonco, subjoct to tho pon31ty for blw swe3ring, to tho recordor for ontry in tho hearing rocord. Such documonts must bo rocoivod by tho recorder not lator th3n fivo bucinocs dayc before tho day of tho hoaring. Section 2.41.100 Recorder Responsibilities. The recorder shall: A. il.dopt rules as necessary to carry out the previsions of sections 2.41.010 to 2.11.090. B. Prescribe forms for declarations required by section 2.41.050, and furnish the forms to persons required to file. B.C. Investigate when appropriate under the provisions of sections 2.41.040 to 2.41.090. Section 2.41.110 Publication. A. The recorder shall: 1. For each candidate and political committee described in section 2.41.050, publish a statement in a newspaper of general circulation and published in the City, and any other medium the recorder shall deem appropriate, indicating whether or not the candidate has agreed to limit expenditures under section 2.41.050. 2. Include the statement described in subsection 1 on the nominating petitions of all prospective candidates for public office. B. If a candidate or political committee described in section 2.41.050 has agreed to limit expenditures, but is not bound by the agreement because an opponent or opposing Page 9 of 11 political committee of the candidate or political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable expenditure limit, the published statement described in subsection 2.41.11 0.A.1 shall indicate that the candidate or political committee has agreed to limit expenditures and that the candidate or political committee is not bound by the agreement because an opponent of the candidate or opposing political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable spending limit. (ORD 2794, S10 1997) C. If the recorder or the city attorney finds under section 2.41.080 that a candidate described in section 2.41.050 filing a declaration of limitation on expenditures under section 2.41.050 has exceeded the applicable expenditure limit, at the next 'election at which the candidate is a candidate for election to public office, the recorder shall publish a statement, in a newspaper of general circulation and published in the City, indicating that the candidate violated a previous declaration of limitation on expenditures under section 2.41.050. The statement required by this subsection shall identify the date of the election at which the candidate exceeded the applicable expenditure limit. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and. clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 3-4) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors.. Page 10 of 11 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2009 and duly PASSED and ADOPTED this day of , 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009 John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 11 of 11 CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2.30 [Administrative Appeals) and AMC 1.04 Meeting Date: October 6, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Benne Estimated Time: 5 minutes Question: Should the Council approve Second Reading of an ordinance titled: "An Ordinance Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions."? Staff Recommendation: Staffrecommends Council approve the Second Reading of this ordinance. Background: On September 8, 2009, the Council approved First Reading of this Ordinance without changes. Relat~d City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (I) Move to approve Second Reading of the ordinance. (2) Council can postpone Second Reading. Potential Motions: Staff: [Conduct Second Reading of Ordinance by Title only} Council: Motion to approve Second Reading and approve adoption of the ordinance Attachments: Proposed ordinance Page I of I ~.l' ORDINANCE NO. AN ORDINANCE AMENDING THE UNIFORM ADMINISTRATIVE APPEALS PROCESS AMC CHAPTER 2.30 and AMC 1.04.010 DEFINITIONS. Annotated to show dolotionc and additions to the code sections being modified. Deletions are bold "M'" . .L 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 Firefiqhters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland would like to amend the Uniform Administrative Appeals ordinance to provide additional clarity and more precise direction for the Hearings 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. Section 2.30.020 is hereby amended to read as follows: 2.30.020 Administrative Appeals Process. Any person aggrieved by the decision of a Department Head or Director may appeal such action to a Hearing Officer through the following procedures if the Ashland Municipal Code chapter granting the City Department Head or Director authority to make the decision expressly authorizes use of this appeals process. Land use decisions subject to AMC Chapter 18 shall not be subject to the appeals process in this Chapter. Appeals processes are as follows: A. A person appealing the Department Head's or Director's action shall, within 10 Days of such action and mailinq of written notice, file a written notice of appeal with the City Recorder. The written notice of appeal shall include the name and address of the appellant, a statement of the authority or iurisdiction for the appeal, a statement of the appellant's standina or ri!lht to -be heard, the Page 1 of 5 nature of the decision being appealed, a short and plain narrative statement includinQ the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the Ashland Municipal Code involved" and the result the appellant desires on appeal. B. The City Recorder shall fix the time for the appeal to be heard by the Hearing Officer, place the hearing of the appeal upon the calendar of the Hearing Officer, and notify the appellant in writinQ of the time fixed no less than ten days prior to that time, unless the appellant agrees to a shorter time. C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set .!!!...$150 for each decision appealed, and may be adiusted by Resolution of the Ashland City Council. D. The appellant parties shall be entitled to appear personally and by counsel and to present such facts, evidence and arguments as may tend to support the respective positions on his or her appeal. E. The Hearing Officer shall afford the parties an opportunity to be heard at an appeal hearinQ after reasonable notice. The HearinQ Officer shall take such action upon the appeal as he or she sees fit. The Hearing Officer's decision shall be the final decision of the City, and it shall be issued in writing. The HearinQ Officer shall at a minimum: 1) At the commencement of the hearinQ. the hearinQs officer shall explain the relevant issues involved in the hearinQ, applicable procedures and the burden of proof. 2) At the commencement of the hearinq the hearinqs officer shall place on the record the substance of any written or oral ex parte communications concerninQ any relevant and material fact in issue at the hearinQ which was made to the officer outside the official proceedinQs durinQ the pendency of the proceedinQ. The parties shall be notified of the substance of the communication and the riQht to rebut the communication. NotwithstandinQ the above. the Parties are prohibited from enQaQinQ in ex parte communications with the hearinQ officer. 3) Testimony shall be taken upon oath or affirmation of the witnesses. 4) The HearinQs officer shall insure that the record developed at the hearinQ shows a full and fair inquiry into the relevant and material facts for consideration fo the issues properly before the hearinQs officer. 5) A verbatim, written or mechanical record shall be made of all motions, rulinQs and testimony. The record need not be transcribed unless requested for purposes of rehearinQ or Court review. The City shall require a deposit for costs of transcription or a COpy of such transcription. 6) Written testimony may be submitted under penalty of false swearinq for entry into the record. All written evidence shall be filed with the City recorder no less than (5) five workinQ days before the date of the heari nQ. Page 2 of 5 7) Informal disposition may be made of any case by stipulation, aqreed settlement. consent order or default. F. The action of the Department Head or Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. H. If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the City of Ashland for the appeal, including but not limited to the cost of hiring an independent Hearing Officer. SECTION 3. AMC Section 1.04.010 is hereby amended to read as follows: 1.04.010 General Provisions. Definitions. The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. A. City means the City of Ashland, Oregon, or the area within the territorial limit of the City of Ashland, Oregon, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision. B. Computation of time means the time within which the act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be a Saturday. Sunday or a legal holiday, that day shall be excluded. C. Council means the City Council of the City of Ashland, Oregon. All its members or all councilors means the total number of councilors provided by the general laws of the State of Oregon. D. County means the County of Jackson, Oregon. E.. Day means calendar day, unless otherwise stated. F.--E. Law denotes applicable federal law, the constitution and statutes of the State of Oregon, the ordinances of the City of Ashland, and when appropriate, any and all rules and regulations which may be promulgated thereunder. G. F-, May is permissive. H. G. Month means a calendar month. 1. W. Must and shall are each mandatory. ~. h Oath includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed. K. J. Ordinance means a law of the City; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution. Page 3 of5 L. ~ Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. M. k. Person means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. N. M. Personal property includes money, goods, chattels, things in action and evidences of debt. O. N. Preceding and following mean next before and next after, respectively. P. G. Property includes real and personal property. Q. P. Real property includes lands, tenements and hereditaments. R. Q. Sidewalk means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. ~. R. State means the State of Oregon. T. S. Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. U. +. Tenant and occupant, applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others. V. Y. Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City. W. V. Written includes printed, typewritten, mimeographed or multi-graphed. X. W. Year means a calendar year. y. X. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and . , . appropriate meaning. " Z. :J{. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 1810 (part), 1974) SECTION 4. 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 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 (i.e. Sections 1, Page 4 of5 4 and 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 , 2009, and duly PASSED and ADOPTED this day of , 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 5 of 5 CITY OF ASHLAND Council Communication . Meeting Date: Department: Secondary Dept.: Approval: Park Exclusion Amendment October 6, 2009 Primary Staff Contact: Legal Department E-Mail: Legal Departme Secondary Contact: Martha Bennet Estimated Time: Richard Appicello appicelr@ashland.or.us Megan Thornton 5 minutes Question: Should the City Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Relating to Exclusions from Park Property and Amending AMC 10.68.350"? Staff Recommendation: Staff recommends Council approval of Second Reading by title only, after reading changes from First Reading. Background: Currently, AMC 10.68.350 establishes penalties for park violations. In addition to a fine, the AMC provides that an individual that violates park regulations can be excluded from any city park for ten (10) days. The right to exclude is a fundamental property right the City possesses like any other owner or real property. The proposed ordinance updates AMC 10.68.350 to comply with Yeakle v. City of Portland, a park exclusion case from 2004 that created a limited exception to park exclusions for first amendment activities. In addition, the maximum length for park exclusions has been increased to 30 days for a violation and up to 120 days for criminal offenses. However, if an individual has been excluded from the park for criminal offenses on two or more occasions in a two year period, the maximum exclusion period increases to 180 days. The amendment is intended to give officers and code enforcement personnel the ability to increase the length of exclusions depending on the severity and frequency of the offenses. The ordinance limits the park exclusion for violations to 30 days for all violations, regardless of the number of violations a person may have committed. Some violations for which a suspension may be imposed include possession of marijuana, open containers of alcohol, and graffiti. Finally, the current code does not provide a means of appealing an exclusion. The proposed ordinance allows appeals of park exclusions and specifies that if a person appeals an exclusion, the exclusion is stayed during the appeals process. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Move to approve Second Reading and adopt the ordinance. (2) Postpone Second Reading. Page I of2 ~.l' Potential Motions: Staff: [Conduct Second Reading of the ordinance by title only.] Council: Move to approve Second Reading and adopt the ordinance. Attachments: Proposed ordinance Page 2 of2 CITY OF ASHLAND ~.l' ORDINANCE NO. AN ORDINANCE RELATING TO EXCLUSIONS FROM PARK PROPERTY AND AMENDING AMC 10.68.350 Annotated to show doletions 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 Firefiqhters. Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, it is necessary to clarify and update park exclusion procedures to clarify appeals and address the exercise of First Amendment rights pursuant to Yeakle v. City of Portland, 322 F. Supp. 2d 1119 (2004). THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.38.350 [Violation - Penalty] is hereby amended to read as follows: 10.68.350 \.'iolation Penalty Penalties A. Violation. Any person who violates any of the provisions of this chapter is guilty of a violation an infraction and shall be subject to the penalties set forth in Section 1.08.020. B. The park commission may also exclude any person who ...iolates any provision of this chapter, or any such rule or regulation, from any city park, for a period of not more than ten (1Q) days. B. Exclusion. In addition to other remedies provided for violation of this Code. or of any of the laws of the State of OreQon, any peace officer, or park official or city code compliance officer may exclude any person who violates any applicable provision of law in a city park from any or all city parks for a period of 30 days for any violation or for a Page 1 of3 period not to exceed 120 days for criminal offenses. If the person to be excluded from any park has been excluded from a city park on two or more occasions within two years before the date of the present exclusion for criminal offenses. the exclusion shall be for a period not to exceed 180 days. NothinQ in this Section shall be construed to authorize the exclusion of any person lawfully exercisinQ free speech riClhts or other riQhts protected by the state or federal constitutions. However. a person enQaQed in such protected activitv who commits acts that are not protected. but that violate applicable provisions of law, shall be subiect to exclusion as provided by this Section. (1) For purposes of this section, "applicable provision of law" includes any applicable provision of this chapter. or of any city ordinance, includinQ state or city criminal laws and vehicle codes, or any rule. reQulation, order or permit issued by the Parks Commission. Parks Director or the city council on recommendation of the parks commission. or any other applicable federal or state law or reQulation. (2) Criminal Trespass. Section 10.68.350B is in addition to and not in lieu of any other ordinance or law. No person shall enter or remain in any park at any time durinQ which a notice of exclusion is effective under this section. EnterinQ a park in violation of an exclusion order constitutes criminal trespass in the second deQree. which is a class C misdemeanor. C. The ordinanGe Godified in this chapter shall take effect and be in full forGe upon the expiration of ten (10) days after its adoption by the Council and appro'Jal by the mayor. C. Exclusion Process. (1) Written notice shall be Qiven to any person excluded from any city parkes). Such notice shall specify the dates and places of exclusion. It shall be siClned by the issuinCl party; warninCl of consequences for failure to comply shall be prominently displayed on the notice. (2) A person receivinCl such notice may appeal in accordance with AMC 2.30 to have the written notice rescinded or the period shortened. The appeal notice shall specify the relief SOUQht and the reason for said relief. (3) The HearinQ Officer shall uphold the exclusion if, upon de novo review. the preponderance of the evidence convinces the HearinQ Officer that, more likely than not, the person in fact committed the crime or violation. and that the exclusion is Page 2 of3 otherwise in accordance with law. If an appeal of the exclusion is timelv filed under AMC 2.30, the effectiveness of the exclusion shall be staved. pendinQ the outcome of the appeal. If the exclusion is affirmed. the exclusion shall be effective immediatelv upon issuance of the written decision and the shall commence and run for the specified number of davs thereafter. 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. Savinas. 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 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 (i.e. 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 ,2009, and duly PASSED and ADOPTED this day of , 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of3 CITY OF ASHL.AND Council Communication Ordinance Amending the Liquor License Review Chapter Meeting Date: October 6, 2009 Primary Staff Contact: Megan Thornton Department: Legal E-Mail: thorntm@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Benn Estimated Time: 5 minutes Question: Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance Relating to Liquor License Review and Amending AMC Chapter 6.32"? Staff Recommendation: Staff recommends Council approval of the First Reading by title only and set the matter for Second Reading. Background: The Liquor License Review Chapter currently allows the use of criteria that are inconsistent with state law to support an unfavorable recommendation on a liquor license. The Oregon Revised Statutes and the Oregon Administrative Rules provide a number of criteria that can be used to justify an unfavorable recommendation. These are the only criteria that can be used by the City to provide an unfavorable recommendation to the Oregon Liquor Control Commission. The proposed ordinance adopts these criteria. In addition, the Uniform Administrative Appeals process is also adopted in this chapter to provide a hearings process in the case of an appeal of an unfavorable recommendation. The City Recorder's duties have also been modified to accommodate the changes to the process. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: 1) Move to approve the First Reading and set the matter for a Second Reading. 2) Postpone consideration of the proposed ordinance. Potential Motions: Staff: [Conduct First Reading of the ordinance by title only.} Council: Motion to approve First Reading and set the //latter for Second Reading. Attachments: . Proposed ordinance Page 1 of 1 ~.l' ORDINANCE NO. AN ORDINANCE RELATING TO LIQUOR LICENSE REVIEW AND AMENDING AMC CHAPTER 6.32 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 Firefiqhters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the OLCC chapter currently establishes criteria for denying an OLCC application that are inconsistent with state law; WHEREAS, the Uniform Administrative Appeals process should be adopted to provide a hearings process in the case of an appeal of an unfavorable recommendation to the OLCC; WHEREAS, the duties of the City recorder and the application process need to be adapted to be consistent with these changes; and. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 6.32.050 [City Recorder Duties] is hereby amended to read as follows: 6,32.050 City Council DeleQation; City Recorder Duties The City Council hereby deleQates to the City Recorder the ability to process all OLCC liquor license applications or requests, except for applications for new or renewal licenses, t6 tl." eily R~e6rEl9r_ Upon receipt of an application for a new or renewal liquor license, the City Recorder shall: A. Coordinate and conduct an investiqation of each application for the purpose of determininQ what recommendation shall be made to the City Council. The city recorder may require the applicant to supply Ordinance No. Page I of 5 additional information that is relevant to determine if there is a sufficient basis for an unfavorable recommendation to the OLCC as provided by Oreqon liquor laws. B. Refer the application to the Department of Community Development who shall determine if the location of the licensee's business complies with the City's land use requirements. C. Determine if the licensee has met the criterion for an unfavorable recommendation in accordance with AMC 6.32.067. a business license and has registered as a restaurant, if applicable, for the City's food and beverage tax. D. Report to the city council as to the filing of the application and prepare sufficient documentation and/or findinQs to support an unfavorable recommendation to the OLCC if there is a basis for such recommendation. the determinations made under this section. E. Mail a letter or personally contact the applicant if an unfavorable recommendation will be made to the City Council. F. Make a recommendation and place the license on the consent aQenda at the next reQular council meetinQ. G. After the recommendation is approved by the City Council. forward the recommendation and any necessary supportinq documentation to the OLCC. H. Endorse the application, if approved by the City Council. I. Maintain a record of all OLCC applications. SECTION 2. Sections 6.32.065 [Criterion for Recommendation of Approval] and 6.32.065 [License Application] are hereby added to read as follows: 6.32.065 License Application. Any person or business reQuestinQ a city recommendation to the OLCC on a liquor license application shall apply upon suitable forms furnished by the OLCC. The city recorder shall accept liquor license applications only when the followinQ conditions are met: A. An applicant for an initial license or modification of a current license provides leQible copies of the followinQ forms supplied by the OLCC: liquor license application forms. individual history forms, and business information forms. An applicant for a temporary sales license (TSL) provides the temporary sales application form supplied by the OLCC. B. The applicant has obtained a valid city business license when applicable. Ordinance No. Page 2 of5 C. The application is complete. D. The applicant has provided any relevant additional information the city recorder requests to determine the Qualifications of the applicant. E. The application is accompanied by the appropriate fees, as established by resolution of the city council. 6.32.067 Criterion for Unfavorable Recommendation The City may make an unfavorable recommendation to the OLCC if it finds sufficient basis for such a recommendation under OreQon liquor laws, includinQ but not limited to, the OreQon Revised Statutes and the OreQon Administrative Rules. SECTION 3. Section 6.32.050 [City Recorder Duties] is hereby amended to read as follows: 6.32.070 Hearing and NotiGe Appeal Procedures An appeal of the City Recorder's recommendation pursuant to AMC 6.32.050 shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30, except that the appeal shall be filed and processed in the office of the City Administrator. The appeal must be filed within ten (10) calendar days of the date of the letter or personal notice from the city recorder statinQ that an unfavorable recommendation will be made to the City Council. CounGil Consideration If the Gity recorder determines that the applicant fer a new liquor liGense has complied with J\MC 6.32.Q67 the Gity's land use requirements, has obtained a business license and registered as a restaurant, if applicable, the matter will be placed on the next regular city council agenda for action. If the city recorder cannot make any of the above listed determinations, the recorder shall report such to the city council. The council may then schedule a public hearing and give notice as provided below. . Applicant NatiGe Befere the city cauncil recammends denial of a liquor license applicatian, notice of a public hearing must be given to the applicant, either persanally or by Gertified m~il, postmarked na later than ten days priar ta the hearing. The notice shall contain: 1. ^ statement of the time and place of the hearing; 2. ^ statement from the city recorder as to the findings made; 3. A statement that the applicant may be represented by legal counsel at Ordinance No. Page 3 0 f 5 the hearing, .at the expense of the applicant. Public Notice In order to facilitate public participation in liquor license applications, the city recorder shall, in the case of a recommendation for denial, publish a notice of public hearing once in a local newspaper of general circulation at least ten days prior to the date of the hearing. The notice shall specify the date, time and location of hearing, and the business name and address of the applicant. The notice shall also inform the public that written or oral testimony may be presented either for or against the application. Evaluation Criteria. The city council shall make its recommendation to the O.L.C.C., and in the case of denial or modification, shall specify the reasons fur recommending denial or modification. The minutes of the city council shall reflect the reasons fur a negative recommendation. I The city council may recommend denial of an application if: The application is incomplete. The applicant neglects or refuses to provide, in a timely manner, any infurmation that is reasonably requested. The applicant provides false or misleading inf-ermation. The location of the applicant's business does not comply with the city's land use requirements. The applicant has failed to obtain a business license or failed to register as a restaurant, if applicable. Any reason, which in the sole opinion of the city council, warrants an ad'terse recommendation based on public health, safety, welfare, convenience or necessity. Findings Transmitted If the city council recommends appro'/al, it shall make a general finding that the applicant meets all the criteria of this chapter. If the city council recommends denial, it shall include a finding or findings, based on the criteria of this chapter in support of its action. In either e'/ent, a copy of the city Gouncil minutes shall be transmitted to the O.L.C.C. with the recommendation. Blanket Renewals At the time of annual renewal of existing licenses, the city recorder shall make a report to the city council on any licensee which has failed to meet the criteria set forth in section 6.32.065 50. Ordinance No. Page 4 of5 In such case, the city council may recommend denial of the renewal, or the withholding of endorsement of the renewal until such deficiencies are brought to current status. The city council may otherwise grant blanket approval of all license renewals. SECTION 4. 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 5. SavinQs. 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 6. 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 (i.e. SeCtions 4- 6) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2009 and duly PASSED and ADOPTED this day of , 2009 Barbara M. Christensen. City Recorder SIGNED and APPROVED this _day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 5 of5 CITY OF ASHLAND Council Communication An Ordinance Requiring Chains for Commercial Vehicles Meeting Date: October 6, 2009 Primary Staff Contact: Megan Thornton Department: Legal E-Mail: thorntm@ashland.oLus Secondary Dept.: Police Secondary Contact: Terry Holderness Approval: Martha Benne Estimated Time: 5 minutes Question: Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance Relating to Chain Requireme.nts for Commercial Vehicles"? Staff Recommendation: Staffrecommends Council approve First Reading by title only and set the matter for Second Reading. Background: The Ashland Municipal Code does not currently have a chain requirement; however, this ordinance would make it mandatory for commercial vehicles to carry chains when chains are required on Interstate 5 over the Siskiyou Mountains. There have been incidences in which emergency vehicles could not respond to a location because a commercial vehicle was blocking the right of way and was unable to move because it was not carrying chains. The goal of this ordinance is to prevent future right of way obstructions by requiring commercial vehicles to have chains available for use. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: I) Approve First Reading and set the matter for Second Reading. 2) Postpone consideration of the proposed ordinance. Potential Motions: Staff: [Condllct First Reading of the ordinance by title only.] COllncil: Motion to approve First Reading and set the mailer for Second Reading. Attachments: . Proposed ordinance Page I of I ~.l' ORDINANCE NO. AN ORDINANCE RELATING TO CHAIN REQUIREMENTS FOR COMMERCIAL VEHICLES Annotated to show dolotiom; 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 Firefiqhters. Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the conditions on roadways within the City can be such during the winter that larger commercial vehicles may have difficulty safely navigating the City streets; WHEREAS, there have been situations in which commercial vehicles without chains have blocked the roadway making it impossible for emergency services to respond to calls; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.22 is hereby added to read as follows: Chapter 11.22 Vehicle Chains Reauired 11.22.010 Definitions A. Chains: link chains. cable chains or any other devices that attach to the wheel. vehicle or outside of the tire and that auqment the traction of a vehicle. B. Commercial Vehicle: a vehicle that is used for the transportation of persons or property for compensation or profit, or that is used in coniunction with a business and the commercial vehicle weiqhs 10,000 pounds or more. Ordinance No. Page 1 of2 11.22.020 Failure to Carry Chains. A person commits the offense of failure to carry vehicle chains if the person drives or moves, or causes or knowinqly permits to be driven or moved a commercial motor vehicle on any public way within the City, without carryinq vehicle chains, when Interstate 5 is posted 'as requirinq vehicle traction tires or chains to be carried or used to proceed over the Siskiyou Mountains. 11.22.030 Penalty. The offense described in this chapter, failure to carry chains, is a Class C violation as that class is defined under Oreqon law. Subiect to the Charter limitation, failure to carry chains shall be a Class A violation as that Class is defined under Oreqon law if such failure prevents emerqency services from respondinq to a call. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2009 and duly PASSED and ADOPTED this day of , 2009 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 2 of2 CITY OF ASHLAND Council Communication Meeting Date: Department: - Secondary Dept.: Approval: Ordinance Relating to Parking October 6,2009 Primary Staff Contact: Legal E-Mail: Legal Secondary Contact: Martha Bennet Estimated Time: Megan Thornton thorntm@ashland.or.us Richard Appicello 5 minutes Question: Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance Relating to Parking and Amending AMC 11.24.070"? Staff Recommendation: Staffrecommends Council approve First Reading by title only and set the matter for Second Reading. Background: The Ashland Municipal Code is unclear about the circumstances in which time periods continue to run when a vehicle is moved from one time restricted parking space to another time restricted parking space (eg: from one two hour space to another two hour space) within the same block. This amendment clarifies that the limited time period that a vehicle may be parked in a time restricted parking space will continue to run if a vehicle is moved to another time restricted parking space within the same block. The restricted time period for parking will continue to run regardless of whether the owner is moving the vehicle to avoid a ticket. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: I) Approve the First Reading and set the matter for Second Reading. 2) Postpone consideration of the proposed ordinance. Potential Motions: Staff: [Conduct First Reading of the ordinance by title only.] Council: Motion to approve First Reading and set the matter for Second Reading. Attachments: . Proposed ordinance Page 1 of 1 -.. IF.." ORDINANCE NO. AN ORDINANCE RELATING TO PARKING AND AMENDING AMC 11.24.070 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 Citv 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 Firefiqhters, Local 1660, Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, it is unclear whether AMC 11.24.070 is enforceable without proof of intent that a person is moving their vehicle to avoid a parking citation; WHEREAS, the City would like to clarify that re-parking a vehicle within the same block will result in a parking citation regardless of the driver's intent because the time will continue to run; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 11.24.070 [Moving vehicle] is hereby amended to read as follows: 11.24.070 Moving vehicle No person shall mO'le and re park a ':ehicle within the same block, as defined in ^MC 11.08.080, in order to avoid a parking time limit regulation. If a vehicle is moved and re-parked within the same block, as defined bv AMC 11.08.080, =1= the time period shall continue to run, if the vehicle is, moved to another parking space within the same block, except. that the time period shall be terminated if such vehicle is moved to a block that does not have a specified time period for parking. SECTION 2. SavinCls. 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 Ordinance No. Page 1 of2 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 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2009, and duly PASSED and ADOPTED this day of , 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 2 of2 CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2: Pt 1. Commissions Committees and Boards Meeting Date: October 6, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Benne Estimated Time: 20 minutes Question: Should the Council approve First Reading of an ordinance amending Council Rules Chapter 2.04.090, 2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons, and move the ordinance on to Second Reading? Staff Recommendation: Staffrecommends Council approve the First Reading of this ordinance. Background: In 2006 and 2007 the Council Rules Committee worked on Council rules concerning how the Council and Mayor act in relationship to appointed commissions, committees and boards. These rules concern matters such as the appointment and removal of members of regular boards as well as ad hoc entities, like task forces. The Council Rules Committee also worked on rules concerning the role and duties of the Council liaison. The attached ordinance [Part I] is an expansion of the 5/29/07 draft created by the Council Rules Committee only as it concerns the relationship of the Mayor and Council to the Commissions, e.g. appointment, removal, and roles of the liaison. [See aI/ached 5/29/07 draft specifically numbered paragraphs 9 Commissions and 11 Liaisons which corresponds with the outline presently in AMC 2.04.090 and AMC 2.04.110.] Another ordinance [Part 2] concerns establishment of uniform policies and operating procedures for all commissions, committees and boards. [See aI/ached 5/29/07 draft specifically numbered paragraph 10 regarding Uniform Rules which corresponds with the outline presently in AMC 2.04.100.] , These ordinances [Part I and Part II] present some policy issues for the Council. I. Power of Liaisons. All Council liaisons' shall be: (choose one) a. A voting member of the advisory commission, committee or board; or b. A non-voting ex officio member of the advisory commission, committee or board; or c. A non-member Liaison to the advisory commission, committee or board. All advisory commissions need to be treated the same. The only exceptions concern bodies created under state laws and the Municipal Audit Committee. City Administration asked that this ordinance reflect that no Councilor or Mayor be a voting member of an advisory body. This change is included in this Part I ordinance and Part II. The Forest Lands Commission, Transportation Commission, Conservation Commission, Historic Commission, Airport Commission, and Tree Commission still Page] of3 ~A' CITY OF ASHLAND have non-voting ex officio Council members. Other Boards and Commissions have only the default non-member Council Liaison. [Part I - 2.04.1 OO.A.] It is recommended that this be made uniform -i.e. all ex-officio non-voting Council liaison members or all non-member Council liaisons. The major difference is that ex-officio officers are members and thus can participate as a member (e.g. call a point of order) whereas non-member liaisons simply observe and periodically report at the discretion of the chair. This choice depends upon how strongly the Council feels Liaisons should not interfere with the debate. If you choose all non-member liaisons the Forest Lands Commission, Transportation Commission, Conservation Commission, Historic Commission, Airport Commission, and Tree Commission provision in Part II will be amended accordingly. If you choose all non-voting ex officio member Liaisons, the remainder of the Commissions will be amended. 2. Term Limits. Part II [2.10.020] creates term limits for advisory body members. Currently the ordinance sets 3 year terms as standard (Planning Commission 4 years). No member may serve more than five terms on a single commission. (15 years and 20 years for PC). The Council should consider whether this is a real limitation (earlier drafts proposed three terms - 9 years). Also there appears to be no statutory reason why the Planning Commission needs to be 4 years. AN exception to term limits was added based on comments received to allow a unanimous council to override the limit. 3. Removal. This ordinance has provision for removal. [Part I - 2.04.090.F]. The removal of an appointed officer is written as being authorized with or withollt cause. Only a simple majority of the Council is required. The only exception is for Planning Commissioners, based on a specific state law [ORS 227.030] which requires a hearing and a finding of misconduct or non-performance. Accordingly, while the Mayor and Council may be inclined to remove a Planning Commissioner, the statutes require a public hearing and a finding of cause. The ordinance requires these Planning Commission specific hearings be made non- political thus the delegation to the Administrator under AMC 2.30. To give the Council greater flexibility, the Code was written such that there is no requirement to have a hearing or find cause for all other commissions. The Council should consider if this hearing and cause requirement should be expanded. 4. Roberts Rules. Part II [2.10.075] specifies that Roberts Rules shall be followed but failure to follow the rules is not fatal. 2.10.075. Robert's Rules of Order. Roberts Rules of Order shall govern the conduct of all meetings of advisory commissions, committees and boards, when not in conflict with the Ashland City Charter and the Ashland Municipal Code. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. The existing Municipal Code states the following for Roberts Rules as regards Council actions: Page 2 of 3 r.l' CITY OF ASHLAND 2.04.020 H. Robert's Rules of Order. Robert's Rules of Order shall be the authority for the government of the Council during its sessions, when not in conflict with the City Charter and these code rules. Failure to strictly follow Robert's Rules of Order shall not be cause to void or otherwise disturb a decision or action of the Council. The Council will strive to be clear in its proceedings. These provisions are nearly identical. Does the Council wish to modify one or both of them to be more clear or to facilitate more informality. 5. Chair Participation. Roberts Rules provides that on large Commissions the Chair should not make motions. There is no formal break, but on smaller boards the Chair is permitted to make motions. Does the Council wish to specify that the Chair: (a) can always make motions and participate regardless of the Commission; (b) may make motions and participate only on commissions of _ size? 6. Progression from Vice Chair to Chair. Apparently some Commissions have a history of always moving the Vice Chair to the Chair position after a year of vice chair service and apprenticeship. Does the Council wish to codity and unify this practice for all commissions and boards. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (I) Move to approve First Reading of the ordinance and set second reading for October 20,2009. (2) Postpone First Reading to a date certain. Potential Motions: Staff: Conduct First Reading: AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 2.04.090, 2.04. i 00 AND 2.04. I 10 RELATING TO COUNCIL RULES Council: 2009. Move to approve First Reading of the ordinance and set second readingfor October 20, Attachments: Proposed ordinance 5/29/07 draft Page 3 on r.l' ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 2.04.090,2.04.100 AND 2.04.110 RELATING TO COUNCIL RULES Annotated to show deletiom; and additions to the code sections being modified. Deletions are bold ,,~ ... ....~ ,~.. and additions are bold underlined. , WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the Council Rules codified in AMC Chapter 2, under which the City Council operates; and WHEREAS, as part of the Council Rules review, the Council Rules Committee began a review and discussion of the rules under which its advisory boards and commissions operate and the relationship of the Council and Mayor to such bodies; and WHEREAS, the City Council desires to complete the work of the Council Rules Committee as it relates to Additional Council Rules [this ordinance] as well as Uniform Policies and Operating Procedures for Advisory Bodies [separate ordinance]; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 2.04.090 [Commissions, Committees, and Boards] is hereby amended to read as follows: 2.04.090 Commissions, Committees, and Boards A. Establishing Commissions, Committees or Boards. Commissions, committees and boards oriQinate from different sources, includinQ OreQon State Statute. City Charter and Municipal Code; others are established by direction of the Mayor or the City Council. Advisory Commissions and Boards which are permanent rReQularl shall be codified in AMC Chapter 2, includinq but not limited to Forest Lands Commission, Planninq Commission, Transportation Commission. PlanninQ HearinQs Board. Public Recreation Commission. Public Arts Commission. Conservation Commission. Ashland Airport Commission. HousinQ Commission, Historic Commission. Tree Commission. and the Municipal Audit Committee. AMC 2.10 contains code common to all Appointed Commissions and Boards. B. Council Ad-hoc Committees and Task Forces. Page 1 of7 The Mavor shall have the authority. independent of the Council. to form ad-hoc committees or task forces to deal with specific tasks within specific time frames. Such committees or task forces shall make recommendations bv way of a formal report to the City Council. The Mavor or City Administrator may refer matters to the appropriate ad hoc committee or task force. The Mavor with the consent of the Council shall appoint the membership of such committees or task forces. Members of Reaular Boards and Commissions may be appointed to ad hoc committees and task forces. The City Administrator shall bv order establish the ad hoc bod v's scope of the work. The Council has the authority to follow the recommendations. chanae the recommendations. take no action. remand the matter back to the ad hoc body or take any other action it sees fit. The Council bv maioritv vote may remove a member of an ad hoc committee or task force at any time. with or without cause. The City Council bv maioritv vote may amend or dissolve an ad hoc committee or task force. C. Reaular Commission and Board Membership Appointments. Except for the Municipal Audit Committee (AMC 2.11). all committees and Boards not reauired bv state law to be appointed bv the City Council shall be appointed bv the Mavor with the consent of the Council. The Mavor may reauest assistance or recommendations from Councilors in makina appointments. In the Mavor's absence. any necessary appointment may be made bv the presidinq officer with the consent of the Council. When necessary. the Mavor shall staqqer the initial expiration of terms of appointees. such as in the case of a new commission. board or committee. The Mavor shall not appoint. nor shall the Council consent to the appointment of a person to more than two (2) Reaular Board. Committee or , Commission at a time. This rule shall not applv to the Plannina Hearina Board. Because broad citizen participation is encouraaed. the Mavor shall not appoint nor shall the Council confirm a person to more than five (5) full terms on any sinale Reaular Board or Commission. D. Mayor Membership on Ashland Budget Committee. For the purpose of local budqet law. the Mavor is a member of the aovernina body of the City of Ashland. and shall be a votina member of the budaet committee. E. Student Membership on Reaular Commission and Committees. Page 2 of7 The Mayor with the consent of the City Council may add to the membership of any city Commission, Committee. or Board UP to two positions for student liaisons. The student liaisons shall be non- votinQ ex officio members of their respective commissions or committees. Once the liaison positions have been added. the liaison from the hiQh school shall be a hiQh school student chosen by the Ashland HiQh School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern OreQon University Student Senate. F. Regular Membership Removal Process. The City Council. with or without cause. may by maiority vote of the City Council at a reQular meetinQ. remove any ReQular Commission. Committee or Board member prior to the expiration of the term of the appointment. Written notice of removal to the affected member shall be provided. Removal shall be handled with respect and courtesy. If a member resiQns or is removed. the Mayor shall appoint a replacement for the remainder of the term in accordance with paraQraph C. above. NotwithstandinQ the above procedure, removal of a PlanninQ Commissioner shall be Qoverned by the procedures in ORS 227.030. HearinQs under ORS 227.030 are hereby deleQated by the QoverninQ body to the City Administrator or HearinQs Officer in accordance with the AMC. 2.30. the Uniform Administrative Appeals Ordinance. G. Changing or Dissolving a Regular Commission, Committee or Board. After the commission. committee or board has been formed and codified. any chanQe or dissolution requires an ordinance amendinQ the Municipal Code. SECTION 2. AMC 2.04.100 [Operating Policies and Procedures Commissions, Committees and Boards] is hereby amended to read as follows: 2.04.100 Operating Policies and Procedures Commissions, Committees and Boards A. Public Meeting La'..... B. Robert's Rules of Order. C. Deliberation. D. .'l.gendas and Minutes. E. Absences. F. Quorum. G. Code of Ethics. H. Lobbying. I. Goals. Page 3 of7 J. Role of Staff. K. Final DeGision Making. L. Nllmber of Meetings. , M. Notice. N. Representing the Commission, Committee or Board. O. Blldget. P. Expenses. Q. Committees. R. Sllspension of Operating ProGedllres SECTION 3. AMC 2.04.110 [Council Liaisons] is hereby amended and renumbered to read as follows: 2.04.100 -1-W Council Liaisons , A. Role and Responsibilities of Council Liaisons. a. The primary role of a Council liaison is to facilitate communication between the relevant orQanization and the Council. As relates to non-reQional or city advisory commissions. committees and boards. a Council Liaison is not a member of the advisory body. is not a votinQ member and may not serve as Chair. NotwithstandinQ the above. if a City Councilor, Mayor or other elected official is a member (votinQ or non-votinQl of an advisory commission. committee or board. the Code will specifically desiQnate them as such. b. City Councilors serve as liaisons to commissions. committees, boards. community orQanizations and other aQencies and are expected to represent the full City Council in interactinQ with the Qroup. This expectation extends to representation of the City in formal meetinQs. informal meetinQs and 10bbyinQ. In all other instances council members may attend meetinQs as individuals and will identify their comments as personal views or opinions not a representation of city council policy. B. Attendance. Liaisons shall attend all reQular meetinQs of the Commissions. Committees. Boards. or Task Forces to which they have assiQned. In the event a liaison has difficulty attendinQ. the liaison should find an alternate to attend or review the video or other record of the proceedinQ. In the event of a continuinQ schedulinQ conflict. the Liaison should ask the Mayor to be reassiQned. Liaisons shall not Page 4 of7 attend auasi-iudicial proceedinas when the final appeal or final decision is or could come before the City Council. C. Deliberations. a. The City Council values diversity of opinion. A sianificant role of an advisory body is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Accordinaly. under no circumstances is a liaison to a City advisory body to attempt to direct debate, lobby. or otherwise influence the direction or decisions of any advisory body to which he or she has been assianed. Any attempt to do so may result in removal from the liaison position. Accordinc!lY, Council liaisons may wish to limit their participation durina debate and deliberations to answerina auestions. b. This restriction on deliberation, lobbyina and directina debate does not apply to a liaison who is representina the City Council's position on a reaional body that includes elected officials from other iurisdictions. D. Respect for Presidina Officer. Except where the Code expressly provides otherwise. City Councilors attendina advisory body meetinas as liaisons are not "members" of the advisory body and as such cannot participate in the proceedinas of the advisory body as a matter of riqht. When the Council liaison is representina the City Council on a reaional body. the Liaison has all riahts and powers of a member as set forth in the statutes. rules or ordinances creatina such body. Accordinaly. Councilors attendina advisory body or reaional body meetinas as liaisons or as individuals shall accord the same respect toward the Chair and other members as they do towards the Mayor, Presidina officer or each other. E. Council Information. Liaisons will inform the advisory bodies to which they have been appointed liaison of Council aaenda items and Council decisions that may be of interest to the advisory body. Liaisons shall also encouraae advisory board members to attend Council meetinas to keep abreast of Council action. policy matters and the activities of the city, To facilitate the above. and notwithstandina any other provision of the Code. the Chair of an advisory body shall Page 5 of7 periodicallv place on the AQenda for the advisory body. an item labeled "Report of Council Liaison". F. Role of Liaison as ReQards Vacancies. The Council liaison for each advisory body. tOQether with the advisory body chair and assiQned staff liaison will make recommendations to the Mavor for appointment of citizens to fill vacancies on their respective advisory bodies. G. Reporting to the Council. Council liaisons shall periodicallv report to the entire Council on siQnificant and important activities of each advisory body or reQional body to which they have been assiQned. In addition. each advisory body and reQional body should be invited to Qive a short annual presentation to the Council. Liaisons may seek assistance from the relevant staff liaison to accomplish this reportinQ responsibilitv. I. Liaison Appointment Process and Term. The Mavor will appoint a Councilor to act as a Council liaison to each and every advisory commission. committee, or board. as well as any other community orQanization. entity or aQencv for which participation of an elected official from the City of Ashland is determined to be necessary or beneficial to the City. Councilors who are appointed to Commissions. Committees or Boards as members (votinQ or non-votinQl may also serve as Liaisons. Councilors interested in a particular subiect area should inform the Mavor of their interest and the Mavor should take the expression of interest and/or a Councilor's preference into account when makinQ appointment decisions. Liaison appointments shall be for a term of one year unless otherwise expresslv stated. Appointments are Qenerallv made on an annual basis in January and the Mavor shall make every effort to rotate liaison assiQnments. J. Removal from a Liaison Assignment The Mavor or a Councilor may be removed for any reason from a specific liaison position or assiQnment upon two-thirds vote of the entire Council. SECTION 4. 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. Page 6 of7 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 4-5) 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 , 2009, and duly PASSED and ADOPTED this day of , 2009. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 7 of7 Council Rules - Sections 9-11 Review by Subcommittee on Commissions Submitted by David Chapman - May 28, 2007 From Draft Council Rules to be reviewed by Committee on Commissions (Note: Section 9 and Section II reflect changes identified by Rules Committee November 28, 2006. Rules Committee requests Committee on Commissions to review Section 10) Original document sent by Ann Seltzer on 5/1/2007: 5 I 07 Council Rules to be Reviewed Notes: 1. References include Ann's draft, earlier drafts, and Council Rules and Procedures from the cities of Ashland, Springfield, Eugene, Corvallis, Gresham and Newburg. 2. We must make the cases of Mayor, Council, chair, presiding officer and City consistent throughout the document. 3. I have not overcome the assistance ofMS Word and this needs to be formatted consistent with Ann's Draft 4. Check references to ORS and AMC. **************************************************~***************** 9. COMMISSIONS, COMMITTEES and BOARDS The City has established several commissions, committees and boards as a means of providing detailed study, action and recommendations. Citizens who serve with these organizations become more involved in local government, more informed and serve as advisors to the City. They are a valuable resource to Ashland's leadership and should be treated with appreciation and respect. 9.1 Establishing commissions, committees or boards Commissions, committees and boards originate from different sources. Some are established by State statute, Charter provision, or ordinance. Others are established by direction of the Mayor or the Council. It is Council discretion as to whether or not any advisory body should be set forth in the Code by ordinance. AMC ??? contains code common to all commissions. A Commission Template will be used to generate an ordinance with information specific to the new commission to be adopted. 9.2 Council Ad-hoc Committees The Mayor shall have the authority to form ad-hoc committees to deal with specific tasks within specific time frames and make recommendations to the Council. The Mayor or City Administrator may refer matters to the appropriate committee. The Mayor with the consent of the Council shall establish the tasks and the membership criteria for the committees. . The reports of the ad-hoc committee shall only have the authority of recommendations to the Council. The Council has the authority to follow the recommendations, change the recommendations, refer the matter back to the committee or take any action it sees fit. 9.3 Membership Appointments All committees not required by State law to be appointed by the Council shall be appointed by the Mayor with the consent of the Council, except for the Audit Committee (Resolution 2003-07). The Mayor may request assistance or recommendations from Councilors in making appointments. In the Mayor's absence, any necessary appointment may be made by the presiding officer with the consent of the Council. Broad citizen participation will be encouraged by limiting the number of terms that a member may serve. A citizen may not serve on more than two commissions simultaneously and may not be Chair of both. The terms of all members shall be three years and end on April 30. 9.4 Membership on Ashland Budget Committee For the purpose of local budget law, the Mayor is a member of the governing body of the City of Ashland. (AMC 2.04.140) and is a voting member of the budget committee. 9.5 Student Membership on Commission and Committees The Mayor with the consent of the Council may add to the membership of any city commission, up to two positions for student liaisons, whether such commission or committee was established by ordinance or resolution. The student liaisons shall be non-voting ex officio members of their respective commissions or committees. Once the liaison positions have been added, the liaison from the high school shall be a high school student chosen by the Ashland High School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern Oregon University Student Senate. The requirement of sections 2.04.080 and 2.04.081 shall not apply to the students chosen under this section. 9.6 Membership Removal Process Upon consensus of the Council, a citizen may be removed prior to the expiration of the term of the appointment. Notice of removal to the affected member shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term as described in 9.3 9.7 Changing or Dissolving a Commission, Committee or Board After the commission, committee or board has been formally announced they cannot be changed except at a regular meeting of the Council and by a majority vote of the members present. (AMC 2.04.080, 2.04.081) 10 OPERATING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES and BOARDS As commissions, committees and boards have been formed and reformed throughout the years, adoption of uniform rules of procedure has become necessary to assure maximum productivity. The following policies govern the City's commissions, 2 committees and boards. Some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, by-laws or at times state law. 10.1 Public Meeting Law All meetings of commissions, committees and boards are subject to public meeting laws of the State of Oregon. 10.2 Robert's Rules of Order Roberts Rules of Order shall be authority for the government of the commissions committees and boards during its sessions, when not in conflict with the city charter and these code rules. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. 10.3 Deliberation It is the duty of the chair or presiding officcr to ensure that each member has the opportunity to speak. Members speak only for themselves and shall be open, direct and candid. They work to keep discussion moving, and call upon the chair to keep the discussion moving if the discussion becomes bogged down. No member shall speak more than once until every member choosing to speak shall have spoken or waived their right to do so. No member shall speak more than twice on the same motion without leave of the presiding officer. 10.4 Agendas and Minutes The chair or staff liaison will be responsible for the agenda of all meetings of commissions, committees and boards. A member or staff liaison will be responsible for taking minutes. Agendas and minutes will be posted on the city's web site. Members are encouraged to access those documents from the web site. Unless requested by members, staff will not mail the documents. 10.5 Absences If a member will be absent from a meeting the member will notify the chair or the staff liaison at least two hours prior to the meeting. Each ordinance and resolution specific to the commission details the number of permitted absences before removal is considered. If there is a scheduling problem, a member should request to be replaced out of respect for the other members. With the exception of the Audit Committee, appointees can be removed by the Mayor, with consent of the council for any reason. Planning commissioners may be removed for cause after hearing by city council for misconduct or non-performance of duty. (ORS227.030 and AMC 2.12.035) 10.6 Quorum A quorum for conducting business is a majority of the total membership. A majority of the quorum is necessary to adopt any motion. Membership need not be physically present at a meeting if another meeting fonnat including conference calls, virtual , meetings via the Internet etc. has been previously agreed to by the group. 3 10.7 Code of Ethics The City of Ashland is committed to the highest ethical standards for its public officials, To ensure public confidence, all members of commissions, committees and boards must be independent, impartial, responsible and not use their position for personal gain. Members of should be aware the codes of ethical conduct set forth by the state and the city in ORS244.040 and in AMC 3.08.020. 10.8 Lobbying Unless specifically directed by the city council to state the city's official position on federal, state or county legislative matters, no lobbying before other elected bodies or committees will be undertaken by members of boards commissions or committees. An individual is free to voice a position on an issue as long as it is made clear that the speaker is not speaking as a representative of the city or as a member of a board, commission or committee. 10.9 Goals Commissions, committees and boards are encouraged to establish annuai goals and action items that reflect the group's charge as stated in the specific commission ordinance or resolution. They are expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. 10.10 Role of Staff At least one staff person is assigned to work with each Commission, Committee or Board: The staffliaison provides professional guidance, continuity, and insight into City policy and attends all commission meetings. The staff liaison supports the group as a whole and cannot do work at the request of individual members. Each staff liaison has a limited amount of time to devote to the group. If additional staff time is needed the request should be made to the City Administrator or appropriate Department Head. 10.11 Final Decision Making With the exception of the quasi-judicial body commissions, committees and boards are advisory to the council. The city council is the final decision-maker on all city policies and the use of city resources. 10.12 Number of Meetings Unless othelWise provided by law, the number of meetings related to business needs of the commission, committee or boards may be set by the individual body. 10.13 Notice Advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a newspaper with general local circulation and posted on the city's website. In the case of emergency or when a state of emergency has been declared, notice 4 appropriate to the circumstances shall be provided and reasons justifying the lack of 36-hour notice shall be included in the minutes of such meeting. 10.14 Representing the Commission, Committee or Board Members should only represent the opinion or position of the group if authorized by the full membership. 10.15 Budget Money is set aside in department budgets for commission expenses. Should a commission require additional funds, requests should be submitted to the department head through the staff liaison. 10.16 Expenses Members must receive permission and instructions from the staff liaison in order to be reimbursed for training or conferences and associated travel expenses related to committee business. 10.17 Committees Committees may be formed for the purpose of gathering information and forming a recommendation and brought forward to the full committee. However, only the full membership can vote on and accept the recommendation. Committees must meet the requirements of the Oregon Public Meetings law. 11 COUNCIL LIAISONS Councilors serve as liaisons to commissions, committees, boards, community organizations and other agencies and are expected to represent the full Council in providing guidance to the group. In all other instances council members may attend meetings as individuals and will identify their comments as personal views or opinions not a representation of city council policy. 11.1 Role and Responsibilities of Council Liaisons The primary role of a Council committee liaison is to facilitate communication between the relevant organization and the Council. 11.2 Attendance Liaisons shall attend meetings of the committees for which they have assigned. If this becomes a problem, they should find an alternate or ask the Mayor to be reassigned. 11.3 Deliberations Complete debate is essential to committee effectiveness. Thus, Council liaisons may wish to limit his or her participation in a committee's delib"erations and debate. Under no circumstances is a liaison to attempt to direct debate, lobby, or otherwise influence the direction or decisions of any committee to which he or she has been assigned. Any attempt to do so may result in removal from the liaison position. Note that the prohibition on lobbying and directing debate may not apply when the liaison is 5 representing the city on a regional committee that includes elected officials from other jurisdictions. II .4 Respect Be respectful of diverse opinion. A primary role of committees is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Be respectful of the Chair and the agenda. Councilors attending meetings as liaisons or individuals should accord the same respect toward the Chair and other members as they do towards the Mayor, presiding officer or each other. 11.5 Council Information Liaisons will inform the committees to which they have been appointed liaison of all meeting agenda items and of Council decisions that may be of interest to the committee. Liaisons shall also encourage committee members to attend Council meetings to keep abreast of Council action, policy matters and the activities of the city organization. 11.6 Vacancies The Council liaison for each commission, together with the commission chair and assigned staff liaison will interview citizens to fill vacancies on their committees and will make recommendations to the Mayor for appointment. 11. 7 Reporting to the Council Council liaisons shall periodically report to the entire Council on significant and important activities of each committee to which they have been assigned. In addition, each commission should be scheduled to give a short annual presentation to the Council. Liaisons may seek assistance from the relevant staff liaison to accomplish this reporting responsibility. 11.8 Liaison Appointment Process The Mayor will appoint a Councilor to act as a Council liaison to all commissions, committees, boards, community organizations and other agencies for which participation of an elected official from the City of Ashland is determined to be necessary or beneficial to the City. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. Liaison appointments are generally made on an annual basis in January and the Mayor shall make every effort to rotate liaison assignments. 11.9 Removal from a Liaison Assignment The Mayor or a Councilor may be removed for any reason from a specific liaison position or assignment upon consensus of the entire Council. 6 \ CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2: Pt 2. Commissions Committees and Boards Meeting Date: October 6, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Bennet Estimated Time: 20 minutes Question: Should the Council approve First Reading of an ordinance providing for uniform polices and operating procedures for advisory commissions, committees and boards? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance. Background: [This Agenda item is unchanged from the September 8, 2009 version. Policy choices for this ordinance are contained in the Council Communication for the companion Part I ordinance] Earlier this year the Conservation Commission requested changes to the Resolution forming the Commission. The City Recorder and City Attorney recommended codification of the Conservation Commission Resolution and the City Council passed an ordinance to that effect. During discussion, Councilor Chapman suggested staffreview the work of the 2007 City Council Rules Committee which included establishment of uniform policies and operating procedures for all commissions, committees and boards. [See attached 5/29/07 draft specifically numbered paragraph 10 regarding Uniform Rules which corresponds with the outline presently in AMC 2.04.100.] The attached ordinance [Part 2} is an expansion of the 5/29/07 draft created by the Council Rules Committee only as it related to paragraph 10. Another ordinance [Partl] concerns the relationship of the Mayor and Council to the Commissions, e.g. appointment, removal, and roles of the liaison. [See attached 5/29/07 draft specifically numbered paragraphs 9 Commissions and 1 Liaisons which corresponds with the outline presently in AMC 2.04.090 and AMC 2.04.110.] This Ordinance does the following: 1. Creation of a New Chapter 2.10 Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards. This new Chapter builds on the outline presently in the Ashland Municipal Code [AMC 2.04. i 00] and the City Council Rules Committee draft from 2007. Matters common to all commissions, such as appointment terms, attendance, quorum and lack thereof, election of officers, gifts, and reports are made uniform and the provisions now made duplicative in subsequent chapters for individual commissions are removed. Page 1 of2 IIF,. r_'1 CITY OF ASHLAND 2. Two Commissions and one Committee are added to the Code and corresponding resolutions repealed. The Municipal Audit Committee, Forest Lands Commission, and Housing Commission, are now codified in Chapters 2.11, 2.15 and 2.19 respectively. 3. Existing Code for each of the regular Commissions is amended to delete matters covered by the Uniform Rules Chapter 2.10. Essentially, with few exceptions, individual Commission chapters are reduced to formation and powers and duties. , 4. The substantive Public Art process which was inappropriately included in the Public Art Commission Chapter 2.17 is removed and placed in a new Public Art Chapter 2.29 Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Move to approve First Reading of the ordinance and set second reading for October 20,2009. (2) Postpone First Reading. Potential Motions: Staff: Conduct First Reading: AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A NEW CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS, COMMITTEES AND BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT COMMITTEE; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW CHAPTER 2.15 FOREST LANDS COMMISSION, AND AMENDING AMC 2.12 PLANNING COMMISSION, AMC 2.13 TRANSPORTATION COMMISSION, AMC 2.17, PUBLIC ARTS COMMISSION, AMC 2.18 CONSERVATION COMMISSION, AMC 2.21 CABLE ACCESS COMMISSION, AMC 2.23 ASHLAND AIRPORT COMMISlON, AMC 2.24 HISTORIC COMMISSION, AMC 2.25 TREE COMMISSION, REPEALING RESOLUTIONS 1995-25, 1996-18,2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART Council: 2009. Move to approve First Reading of the ordinance and set second reading for October 20, Attachments: Proposed ordinance 5/29/07 draft / Page 2 of2 r.l' ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A NEW CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND OPERATING PROCEDURES,FOR ADVISORY COMMISSIONS, COMMITTEES AND BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT COMMITTEE; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW CHAPTER 2.15 FOREST LANDS COMMISSION, AND AMENDING AMC 2.12 PLANNING COMMISSION, AMC 2.13 TRANSPORTATION COMMISSION, , AMC 2.17, PUBLIC ARTS COMMISSION, AMC 2.18 CONSERVATION COMMISSION, AMC 2.21 CABLE ACCESS COMMISSION, AMC 2.23 ASHLAND AIRPORT COMMISION, AMC 2.24 HISTORIC COMMISSION, AMC 2.25 TREE COMMISSION, REPEALING RESOLUTIONS 1995-25, 1996-18, 2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART Annotated to show dolotionc and additions to the code sections being modified. Deletions are bold .., .. and additions are bold underlined. WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the Council Rules codified in AMC Chapter 2, under which the City Council operates; and WHEREAS, as part of the Council Rules review, the Council Rules Committee began a review and discussion of the rules under which its advisory commissions, committees and boards operate; and WHEREAS, in various Ordinances and Resolutions, the City has established numerous commissions, committees and boards as a means of providing detailed study, action and recommendations to the Council; and WHEREAS, the City Council desires to complete the work of the Council Rules Committee as it relates to Additional Council Rules [separate ordinance] as well as Uniform Policies and Operating Procedures for Advisory Commissions. Committees and Boards [this ordinance]; and WHEREAS, the City Council wishes to codify Regular Commissions such as Housing Commission, Forest Lands Commission and the Municipal Audit Committee in the Ashland Municipal Code and edit existing ordinances to reduce duplication; and Page I of 49 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 2.10 [Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards] is hereby added to the Ashland Municipal Code to read as follows: 2.10 Uniform Policies and OperatinQ Procedures for Advisory Commissions. Committees and Boards 2.10.005 Purpose. Advisory commissions, committees and boards (advisory bodies) require uniform rules. policies and operatinQ procedures to assure maximum productivity and fairness for members and the public. Except where otherwise provided in this Code. the followinQ policies and procedures Qovern all the Citv's advisory commissions. committees and boards. NothinQ herein removes the requirement for compliance with more specific reQulations and Quidelines set forth bv state statute. administrative rule. ordinance. or resolution specific to the advisory body. These rules do not applv to the elected Parks and Recreation Commission. 2.10.010 Created or Established. See individual Commission, Committee or Board Code Chapters codified between AMC 2.11 and AMC 2.25. 2.10.015 Appointment. See AMC 2.04.090.C. 2.10.020 Terms. Term Limits and-Vacancies All successors to oriQinal members of an advisory commission, committee or board. shall have a three (3) year term. except as otherwise provided in the appointment order. NotwithstandinQ the three year limitation. PlanninQ Commissioners shall serve four (4) year terms. All reQular terms shall commence with appointment and shall expire on April 30 of the third year. unless otherwise provided in the appointment order. The appointinQ authority may staQQer terms in the oriQinal appointment order as necessary. Except when an exception is Qranted bv unanimous vote of the Council. no member may serve more than five (5) terms on any sinQle commission. committee or board. Anv vacancy shall be filled bv appointment bv the Mavor. with 'confirmation bv the City Council. for any unexpired portion of the term as provided in AMC 2.04.090.C. 2.10.025 MeetinQs and Attendance. Unless otherwise provided bv law. the number of meetinQs related to business needs of an advisory commission. committee or boards may be set bv the advisory body. All members are expected to attend all reQularlv scheduled meetinQs. study sessions and special meetinQs. when applicable. If a member will be absent from a meetinQ the member must notify the chair or the staff liaison at least two hours prior to the meetinQ. Anv member who has two or more unexcused absences in a six month period [i.e. January 1- June 30 or Julv 1 - December 311 shall be considered inactive and the position vacant. Further Page 2 of 49 any member not attendinQ a minimum of two-thirds (2/3) of all scheduled meetinQs (inclusive of study sessions and special meetinqs) shall be considered inactive and the position vacant. Attendance shall be reviewed by the commission, committee or board durinQ the reQularly scheduled meetinQs in January and July, with a report sent to the Mayor and City Council advisinQ of the need for appointment or re-appointment. if necessary. 2.10.030 Removal. See AMC 2.04.090.F. 2.10.035. Public MeetinQ Law. All meetinQs of advisory commissions, committees and boards are subiect to strict compliance with public meetinQ laws of the State of OreQon. NotwithstandinQ notice requirements under OreQon law, advance notice of at least 36 hours shall be provided for all meetinQs. Notice shall be sent to a newspaper with Qenerallocal circulation and posted on the city's website. In the case of emerQency or when a state of emerQency has been declared, notice appropriate to the circumstances shall be provided and reasons iustifyinQ the lack of 36-hour notice shall be included in the minutes of such meetinQ. 2.10.040 Quorum-and Effect of Lack Thereof. A Quorum shall be determined by dividinQ the number of reQular members of the body by two and addinQ one or, in the case of a fractional result. roundinQ up to the next whole number. Non-votinQ ex officio members, staff and liaisons do not count toward the Quorum. A maiority of the Quorum is necessary to adopt any motion. Members need not be physically present at a meetinQ if another means of attendance (e.Q. telephonic, internet etc.) has been established by the membership and public meetinQs law requirements are met. If there is no Quorum for a meetinQ, no official business shall be conducted and all matters advertised shall automatically be continued to the next reqularly scheduled meetinQ. 2.10.045 Council Liaison. See AMC 2.04.100. 2.10.050. Election of Officers, Secretarv, and Subcommittees. At its first meetinQ of the year the advisory commission, committee or board shall elect a chair and a vice chair who shall hold office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an officer for more than two consecutive terms. Without the need for an appointment, the head of the City Department staffinQ the commission, committee or board shall be the Secretary and shall be responsible for keepinq an accurate record of all proceedinQs. The Department head may deleQate such tasks to a staff liaison. Subcommittees may be formed for the purpose of qatherinQ information and forminQ a recommendation to be brouQht forward to the full advisory body. Provided however, only the full Page 3 of 49 " body can make recommendations to the City Council. Subcommittees must comply fully with the reauirements of Oreaon Public Meetinas law. 2.10.055. Role of Staff. At least one staff person is assianed to work with each advisory commission. committee or board. The staff liaison provides professional auidance. continuity. and insiaht into City policy and attends all reaular and special meetinQs and workshops. The staff liaison supports the aroup as a whole and shall not do work at the reauest of individual members. Each staff liaison has a limited amount of time to devote to the aroup. If additional staff time is needed the reauest should be made to the City Administrator or appropriate Department Head. 2.10.060 Aaendas and Minutes. The chair or staff liaison will be responsible for the aaenda of all meetinas of advisory commissions. committees and boards. A member or staff liaison will be responsible for takina minutes. Aaendas and minutes will be posted on the city's web site. Members are encouraQed to access those documents from the web site. Staff will email or mail documents to members upon reauest. The Council Liaison shall periodically be aiven the opportunity to report to the commission. committee or board. 2.10.065. Goals. Advisory commissions, committees and boards are encouraQed to establish annual aoals and action items that reflect the body's charae as stated in the specific commission ordinance. Advisory bodies are expected to suaaest, support and advance Council aoals and are encouraaed to look for wavs within their own uniaue responsibilities to do so. 2.10.070. Rules and Reaulations. The advisory commission. committee or board mav make such rules and reaulations as are necessary for its Qovernance. includina the conduct of meetinas. when not inconsistent with Ashland Municipal Code or Oreaon law. 2.10.075. Robert's Rules of Order. Roberts Rules of Order shall aovern the conduct of all meetinas of advisory commissions. committees and boards. when not in conflict with the Ashland Citv Charter and the Ashland Municipal Code. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedinQs. 2.10.080. Code of Ethics. The City of Ashland is committed to the hiahest ethical standards for its public officials. To ensure public confidence. all members of advisory commissions. committees and boards must be independent. impartial. responsible and not use their position for personal Qain or to benefit or harm others. Advisory commissions, committees and boards shall operate in the aeneral public interest servina the community Page 4 of 49 as a whole and shall serve no special interests. Advisory commission. committee and board members shall not endorse any commercial product or enterprise. Members should be aware the criminal codes. ethics and conflict of interest laws set forth in state statutes and city ordinances. indudinQ but not limited to the State of OreQon Criminal Code. ORS 244 and in AMC Chapter 3.08. 2.10.085. Deliberation. It is the duty of the chair or presidinQ officer to ensure that each member has the opportunity to speak. Members speak only for themselves and shall be open. direct and candid. Members shall strive to deliberate to a decision and shall rely upon the chair to keep the discussion movinQ. No member shall speak more than once until every member choosinQ to speak shall have spoken or waived their riQht to do so. No member shall speak more than twice on the same motion without leave of the presidinQ officer. 2.10.090. Council as Final Decision-Maker. With the exception of certain deleQated Quasi-iudicial actions. most advisory commissions. committees and boards do not make final decisions subiect to appeal but rather make recommendations to. or act in an advisory capacity to the council. The City Council is the final decision-maker on all city policies and the use of city resources. 2.10.095 Gifts. Subiect to the acceptance of the City Council. an advisory body may receive Qifts. bequests or devises of property in the name of the City to carry out any of the purposes of the advisory commission, committee or board. which funds shall be seQreQated from other funds for use with the approval of the City Council. 2.10.100 BudQet. Compensation and Expenses. Money is set aside in department budQets for Commission. Committee and Board expenses. Should an advisory body require additional funds. requests should be submitted to the department head throuQh the staff liaison. ReQular members of theadvisorv commissions. committees and boards shall receive no compensation for services rendered. Members must receive permission and instructions from the staff liaison in order to be reimbursed for traininQ or conferences and associated travel expenses related to official business. 2.10.105 Reports. Advisory commissions. committees and boards shall submit copies of its minutes to the city council and shall prepare and submit such reports as from time to time may be requested by the Mayor and City Council. Unless otherwise expressly provide in the Ashland Municipal Code or State Law. all reports or recommendations of City advisory bodies committee shall be considered advisory in nature and shall not be bindinQ on the mayor or city council. Page 5 of 49 2.10.110. LobbyinCl and RepresentinCl the City. Members shall only represent the opinion or position of the advisory body if specifically authorized by the full membership at a duly advertised meetinq. Unless specifically directed by the City Council to state the city's official position on federal. state or county leqislative matters, no 10bbyinCl before other elected bodies or committees will be undertaken by members of advisory commissions. committees and boards. An individual member is free to voice a position on any issue as 10nCl as it is made clear that the speaker is not speakinCl as a representative of the city or as a member of an advisory commission, committee or board. Advisory body members are prohibited from enClaClinCl in political activity in accordance with ORS 260.432. , SECTION 2. A new Chapter AMC 2.11 [Municipal Audit Committee] is hereby added to the Ashland Municipal Code to read as follows: 2.11 Municipal Audit Committee 2.11.005 Purpose. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 91-16 and have been amended by Resolution several times. The City Council desires to codify herein the establishment of the Municipal Audit Committee. 2.11.010. Municipal Audit Committee Established. The Municipal Audit Committee is established and shall consist of five (5) votinq members. NotwithstandinCl any other provision of the Ashland Municipal Code, four votinCl members shall be appointed by the city council and shall consist of the Mayor or a Councilor. one Budqet Committee member. and two citizens at larCle. The fifth votinCl member shall be the City Recorder. 2.11.015. Modified Terms and Qualifications A. Terms. NotwithstandinCl any other provision of the Ashland Municipal Code. the terms of the Mayor or Councilor. Recorder and BudClet Committee member shall be for one-year each expirinCl on April 30 of each year. All other terms shall be as provided in AMC 2.10.020. B. Qualifications. In makinCl the citizen at larqe appointments. the council shall Clive preference to persons with accountinCl or auditinCl experience. backClround or expertise. 2.11.020. Duties and Responsibilities. The Municipal Audit Committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. Page 6 of 49 B. Analyze and report to the council sianificant findinas in the annual audit report and make recommendations reaardina such findinas. C. Make recommendations. if any. to the council reaardinq the followina financial documents: 1. Annual financial statements. 2. Manaaement letter submitted by the independent auditor, and 3. Response to manaqement letter submitted by city staff. D. To effectuate the duties and responsibilities of the Committee. the Committee may reauire the presence of any city official at its meetinas. SECTION 3. A new Chapter AMc 2.15 [Forest Lands Commission] is hereby to the Ashland Municipal Code added to read as follows: 2.15 Forest Lands Commission 2.15.005 Purpose. The Forest Lands Commission has as its primary purpose the protection and enhancement of conditions of late- successional and old-arowth forest ecosystems on city-owned forest lands to provide hiqh auality water for domestic supply: The role and responsibilities of the Forest Lands Commission were first established in Februarv 1993 pursuant to Resolution 93-06 and have been amended by Resolution several times. The city council desires to codify herein the establishment of the Forest Lands Commission. 2.15.010 Established - Membership. The Forest Lands Commission is established and shall consist of seven (7) votina members includina a representative of the Ashland Parks Commission. The Commission may also consist of certain non-votina ex-officio members. includina a representative of the USDA Forest Service Ashland Ranaer District. a representative of the OreQon Department of Forestrv. a member of the City Council. a representative from the Tree Commission, the Director of Public Works. Director of Plannina, Fire Chief. Police Chief. Parks and Recreation Director or their desianees. 2.15.015 Powers and Duties - Generally. The powers. duties and responsibilities of the Forest Lands Commission shall be as follows: A. To implement the Ashland Forest Plan developed and adopted by the City of Ashland in June. 1992. B. To provide intearated, interdisciplinarv direction and oversiqht for the development of forest ecosystem manaqement plans and related activities in the Ashland watershed. Page 7 of 49 C. To develop a strona community volunteer proaram to assist in the implementation of the Ashland Forest Plan. D. To submit recommendations to the City Council reaardina forest manaaement. E. To ensure that plans intearate th'e forest manaaement needs and concerns of the City and of private land owners in the wildland urban interface. F. To promote public knowledae and acceptance of the Ashland Fores~ Plan proarams. SECTION 4. A new chaDter 2.19, rHousina commissionl, is herebv established to read as follows: 2.19. HOUSING COMMISSION 2.19.005 Purpose and Mission The mission of the Ashland Housina Commission is to encouraae housina that is available and affordable to a wider ranae of city residents. to enhance cooperation between the public and private sectors. to encouraae financial entities to support housina proarams in the city. to coordinate housina and supportive services proarams and to educate the citizenry and promote public knowledae and understandina of the benefits of affordable housina. 2.19.010 Established-Membership The Housina Commission is established and shall consist of nine (9) votinQ members and one (1) non- votina ex-officio member who shall be the City Housina Proaram Specialist. 2.18.015 Powers and Duties-Generallv The powers and duties of the commission shall be as follows: A. To develop and recommend coordinated housina and supportive services proarams; B. To recommend housina and supportive services priorities for the city; C. To review and make recommendations to the City Council on Community Development Block Grant (CDBG) and related allocations; Page 8 of 49 D. To review and make recommendations to the City Council on the Housina Trust Fund and related allocations; E. To investiaate federal. state. county and private fundinq for implementation of city housinq proqrams; F. To act in an advisory capacity and to provide advice and auidance to the City Council and other commissions on housina related matters; G. To oversee the dissemination of accurate information on the city's housina supply and affordability; H. To monitor proiects funded with the Community Development Block Grant (CDBG) and the Housina Trust Fund; I. To foster public knowledae and support of official city housina proarams SECTION 5. chaDter 2.12, IPlannina commissionl, is herebv amended to read as follows: 2.12 City Planning Commission . 2.12.010 Established Membership Created There is established created a City Planning Commission consistina of nine (9) members, to be appointed by the Mayor and confirmed by the City Council, to serve without compensation, not more than one (1) of whom may reside within three (3) miles outside the City limits. Appointments shall conform to the leaal constraints of ORS 227.030. The Mayor shall be an ex officio, non voting member of the City Planning Commission. ' 2.12.020 (Repealed) 2.12.030 Terms of Office Vacancies Successors to the original members of the City Planning Commission shall hold office for four (4) years. 2.12.035 Terms of Office .'\ttendance All appointed Commissioners shall be expeGted to attend regularly scheduled Planning Commission meetings, study sessions, and Hearings Board meetings, when applicable. Any Commissioner having two (2) unexcused absences in a six (6) month period shall be considered inactiye Page 9 of 49 ami the positioR 'Jacant. Any Commissioner Rot attemliRg a miRimum of t1...,0 thirds (2/3) of all scheduled meetings shall be cORsidered iRacti':e aRd the positioR vacaRt. l'.ttendaRce shall be reviewed by the Commission during the regularly scheduled meetings of JaRUa!)' aRd July, with recommeRdatioRs sent to the Mayor aRd CouRcil for replacemeRt, if necessary. 2.12.040 ElectioRs of Officers Annual Report The CommissioR, at its first meetiRg, or as set forth in the PlaRRing Commission bylaws, shall elect a Chair and a 'fice Chair, and shall appoint a Secretary .....ho Reed Rot be a member of the Commission, all of whom shall hold office at the pleasure of the CommissioR. The Secreta!)' shall keep an accurate record of all proceediRgs, aRd the City PlanRiRg CommissioR shall, on the first day of October of each year, make aRd file a report of all its transactions with the City Council. 2.12.050 Quorum Rules aRd Regulations Five (5) members of the City PlaRRing CommissioR cORstitute a quorum. The Commission may make aRd alter rules aRd regulations for its governmeRt and procedure, cORsisteRt with' the laws of the state and shall meet at least ORce eve!)' thirty (30) days. The recommeRdation to the City CouRcil of any amendmeRt to the LaRd Use Ordinance or CompreheRsi':e PlaR shail be by the affirmative vote of Rot less than a majority of the total. members of the commissioR. 2.12.060 Powers and Duties - Generally A. The Planning Commission is the appointed citizen body with the primary responsibility of providing recommendations to the Mayor and City Council regarding the overall direction of land use planning. The Commission reviews and makes recommendations regarding comprehensive land use planning and fosters mutual communication on land use issues. The Commission is responsible to the City Council for making recommendations on land use plans and policies that are coordinated with other City plans, policies, and functions. B. The Planning Commission shall have the powers and duties to: 1. Periodically review the Comprehensive Plan and make recommendations to the City Council on public processes, studies, and potential revisions to the Plan. Work in conjunction with other City citizen advisory commissions, Page 10 of 49 boards, and committees to ensure coordination of various elements of the Comprehensive Plan. 2. Render quasi-judicial decisions on land use applications and appeals of administrative land use decisions as prescribed by the Ashland Code and Oregon state law. 3. Conduct public hearings and make recommendations to the City Council on planning issues and legislative changes to land use regulations and ordinances. 4. When needed to implement City goals and policies, meet with other planning bodies in the region on issues that affect City land use planning. Make recommendations to the City Council on regional land use issues in general. 5. Foster public awareness and involvement in all aspects of land use planning in the community. C. Except as otherwise set forth by the City Council, the Planning Commission may exercise any or all of the powers and duties enumerated in ORS 227.090 et. seq., as well as such additional powers and duties as are set forth herein. 2.12.070 (Repealed) 2.12.080 F"mding Gifts and Bequests The City Council may annually budget such sums, and authorize the employment of consulting advise and!or nesessary staff to sarry out the pO'....ers and duties delegated to the City Planning Commission and its subcommittees set forth in this shapter. The Commission may resei'le gifts, bequests or deyises of property to carry out any of the purposes of this chapter, '.vhish shall be plased in a special fund f.or the use of said Commission. SECTION 6. ChaDter 2.13, fTransDortation commissionl, is hereby amended to read as follows: 2.13 Transportation Commission 2.13.010 Purpose and Mission. Established Generally A. Role. The Transportation Commission advises the City Council on transportation related issues specifically as they relate to safety, planning, funding and advocacy for bicycles, transit, parking, pedestrian and all other modes of transportation. Page 11 of 49 B. Mission. The need for a Transportation Commission is emphasized in the Transportation Element: "Ashland has a vision - to retain our small-town character even while we grow. To achieve this vision, we must proactively plan for a transportation system that is integrated into the community and enhances Ashland's livability, character and natural environment. ... The focus must be on people being able to move easily through the city in all modes of travel. Modal equity then is more than just a phase. It is a planning conoept that does not necessarily imply equal financial commitment or equal percentage use of each mode, but rather ensures that we will have the opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move toward a less auto-dependent community." C. Powers and Dldies, Generally. The Transportation Commission will review and make reGommendations on the following topics as it relates to all modes of Transportation: 1. Safety: will develop, Goordinate and promote transportation safety programs; 2. Planning: . 'NiII review and serve as the primary body to develop reGommendations to the City's long range transportation plans. . Will review and make reGommendations in Type III Planning Actions during the pre appliGation process. J. Funding: will make reGommendations to the City's transportation section of the Capital Improvements Program; 4. AdvocaGY: will advocate and promote all modes of transportation to make modal equity a reality. . Facilitate coordination of transportation issues with other go'..ernmental entities. . Select one or more member liaisons to attend and participate in meetings with other transportation related committees in the Rogue Valley. . · Examine multi modal transportation issues. Page 12 of 49 D. Powers ami Duties, Specifically. The Transpartatian Cammissian will review and fonvard all traffic implementation regulations to the Public Warks Director f.or final approval and implementation of afficial traffic safety and functianal activities. 2.13.020 Established-Membership A. Voting Members. The Transportation Commission is established and shall consist of nine (9) voting members as designated by the Mayor and confirmed by the council. Voting members will all be members of the community at large and will represent a balance of interest in all modes of transportation. The Chair .....i11 be elected among its members annually. 1\ vice chair '.vill alsa be elected . among its members to sen'e in the chair's absence and wha .....i11 succeed to the chair an April Jg fallawing the chair's term expiration. B. Non-voting Ex Officio Membership. The Director of Public Works or designee shall serve as the primary staff liaison and as Secretary of the Commission. Including the staff liaison, there will be eleven (11) total non-voting ex officio members who will participate as needed and will include one member of the Council as appointed by the Mayor, Community Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools, Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks and Recreation, Jackson County Roads. In additian to the eleven non voting ex afficio members, a student member may be appointed and wauld serve as an additianal non voting ex afficia member. 2.13.030. Powers and Duties. Generally. The Transportation Commission will review and make recommendations on the followina topics as it relates to all modes of Transportation: 1. Safety: will develop. coordinate and promote transportation safety proqrams; 2. Plannina: * Will review and serve as the primary body to develop recommendations to the City's lona ranae transportation plans. * Will review and make recommendations in Type III Plannina Actions durina the pre-application process. 3. Fundina: will make recommendations to the City's transportation section of the Capital Improvements Proaram; 4. Advocacy: will advocate and promote all modes of transportation to make modal eauity a reality. Page 13 of 49 * Facilitate coordination of transportation issues with other aovernmental entities. * Select one or more member liaisons to attend and participate in meetinas with other transportation related committees in the Roaue Valley. . * Examine multi-modal transportation issues. D. Powers and Duties, Specifically. The Transportation Commission will review and forward all traffic implementation requlations to the Public Works Director for final approval and implementation of official traffic safety and functional activities. 2.13.030 Term and Vacancies A. Term. The term for each voting member shall be three years, expiring on April 30th. B. Initial Term Transition. Three of the nine members shall be appointed to initial terms expiring )\pril 30, 2010; three of the nine shall be appointed to initial terms expiring .'I.pril 30, 2011; and three shall be appointed to initial terms expiring April 30, 2012.,Following these initial terms, all members shall serve for 3 year terms expiring )\pril 30. C. Vacancy. Any vacancy shall be filled by appointment of the Mayor and confirmed by the City Council, for the unexpired portion of the term. Any commissioner who is absent without prior notification from four or more meetings in a 12 month period shall be considered no longer active and the position will be deemed vacant. 2.13.040 Quorum, Rules and Regulations One more than half of the sitting '/oting members of the Commission shall constitute a quorum. The Commission shall meet monthly and at least ten times per calendar year. The Commission may recommend or make rules and regulations for its government and procedure, consistent with the laws of the State and the City Charter and ordinances. 2.13.050 Traffic Sub-Committee A. Purpose. The purpose of the Traffic Sub-Committee is to enable the Transportation Commission to focus on broad transportation concerns by reducing the number of routine and general non-routine traffic items that come before the full Commission and to insure the Transportation Page140f49 Commission will have sufficient time to devote their full attention to the overall transportation matters at issue. B. Membership. The Traffic Sub-Committee is established and consists of three regular members of the Transportation Commission who shall sit concurrently on the full Commission. Sub-committee members shall be appointed by the Transportation Commission Chair on a rotating basis until all members have served. Terms are for six month intervals and members may only sit for two consecutive terms at anyone time. The Public Works Director shall determine what matters warrant Sub- Committee involvement and meetings shall be convened on an as needed basis. The Public Works Director or designee will serve as staff liaison and recorder for these meetings. C. Duties. The Traffic Sub-Committee shall consider the following matters: 1. Forward recommendations to the Transportation Commission and Public Works Director on routine and general non-routine traffic concerns including but not limited to traffic impacts, speed designations, parking, markings, and signage. 2. Recommend to the Transportation Commission specific comments, concerns or suggestions for the improvements to the City of Ashland's Transportation System Plan or similar Transportation programs, with the emphasis on long range transportation planning and regional transportation plans. 3. Such other general or minor transportation matters as the Transportation Commission deems appropriate for the Traffic Sub- Committee format. 4. The Traffio Sub-Committee or staff liaison may refer any matter before the Traffic Sub-Committee to the Transportation Commission when it becomes apparent the matter involves major policy concerns or potential serious transportation impacts on surrounding areas. E. Minutes. All Traffic Sub-Committee action minutes will be forwarded to the following Transportation Commission meeting. 2.13.060 Reports The commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested of them by the City Council, Public Works Director or Community Deyelopment Director. Page 15 of 49 . 2.13,070 Compensation Voting members of the Gommission shall reGeive no Gompensation for serviGe while on the Transportation Commission or Traffic Sub Committee. SECTION 7. ChaDter 2.17, [Public Arts Commissionl, is herebv amended to read as follows [Note: several deleted sections are moved to a new chaDter 2.29 (Public Art Process) set forth belowl: 2.17 Public Arts Commission 2.17.005 Purpose The mission of the Public Arts Commission is to enhance the cultural and aesthetic quality of life in Ashland by actively pursuing the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the city as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters. The creation of a Public Arts Commission for the City of Ashland will assist those organizations, and other organizations and individuals, to make arts a more important part of the city's life. Recommendations from the Commission regarding the acquisition and placement of public art should be based upon accepted standards and guidelines as opposed to personal opinion. This chapter will create a Public Arts Commission and adopt standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. 2.17.008 Definitions A. "Acquisition" means the inGlusion of an artwork in the Ashland PubliG Art ColleGtion by any means inGluding direGt purGhase, commission or aGGeptanGe of a gift. B. "J'.rt\'1ork" means '/isual '....orks of publiG art as defined herein. C. "J'.shland PubliG Art ColleGtion" means all publiG art aGquired by the City by any means. D. "Capital improvement program (CIP)" means the Gity' s program for ad'..ance planning of capital improvements. Page 16 of 49 E. "City project" or "project" means any capital improvement project in an amount over $25,000 paid for wholly or in part by the city of Ashland to purchase or construct any public building, decorati':e or commemorative public structure, sidewalk, or multi use pathway oonstruction, park facility construction, or any portion thereof, within the limits of the city of Ashland. "City project" or "project" does not include public utility improvements, (e.g. electric, .....ater, sewer, or stormwater), LID improvements, including but not limited to streets, side...:alks and associated improvements, property acquisition, earth work, emergency work, minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the Councilor responsible contracting officer may include any ne..... city street or utility project (limited to water, se.....er and storm ',...ater projects) in an amount over $25,000 as a city project under this article, by either '1ote of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer. F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council. G. "Eligible funds" means a source of funds for projects from .....hich art is not precluded as an oDject of expenditure. H. "Participating department" means the department that is subject to this article by its sponsorship of a city project. I. "Percent for art" means the program establisheCl by this article to set aside a percentage of the total cost of city projects for public art. J. "Public art" means all forms of original works of art in any media that has been planned and executed .....ith the specified intention of being sited or staged on City Property or on property owned or controlled by the City of Ashland, usually outside and accessible to the publi.c. K. "Public art account" means the city of Ashland public art account in the city budget established by this article into which all moneys donated, appropriated or deri\'ed pursuant to the percent for art program shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article. L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the removal and disposal through any available means, such as relinquishing title through sale, gift or destruction. Page 17 of 49 , M. "Selection Panel" means a group of indi'Jiduals selected by the Commission that will evaluate the proposals associated with a particular projeGt in a publiG meeting. N. "TOT Funds" means the portion of transient oGGupanGY tax flJnds alloGated f.or publiG art. O. "Commercial Development Fee" means funds deposited by a GommerGial developer into the PubliG l\rt aGGount when the developer prefers not to inGorporate publiG art into the projeGt and folio'.\! the publiG art proGess for art aGquisition and approval. P. "Tobl cost" means the entire amount of the Git}" s finanGial Gontribution toward GonstruGtion and maintenanGe of a projeGt. 2.17.010 Established Membership. Created The Public Arts Commission for Ashland is established created and shall have the powers and duties provided in this chapter. 2.17.020 Members; Terms The Public Arts Commission shall consist of seven members appointed by the mayor and confirmed by city council. The commission shall contain five members from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture, and two citizens at large. The mayor shall also designate a non voting GounGil member as liaison to the commission. At least five members of the commission shall reside inside the city limits. The appointees shall have three year terms. The original appointees shall be appointed: two f.or one year, two f.or two years and three for three years, thereafter all terms will be for three years. All members may vote on any matter Goming before the commission, eXGept as the ethics laws of the State of Oregon may J}rovide. !\ny commissioner who is absent from four or more meetings in a one year period without being excused, shall be Gonsidered no longer active and the position 'JaGant, and a new Gommissioner shall be appointed to fill the 'Jacancy. 2.17.030 Officers ^t its first meeting the Public J\rts Commission shall eleGt a Ghair and a viGe Ghair who shall hold office for one year, eXGept that the first Ghair and viGe Ghair shall serve until the end of the Galendar year. At the first meeting of eaGh Galendar year, the Ghair or vice chair from the previous year shall preside over elections f.or Ghair and viGe Ghair. Neither the Ghair Page 18 of49 nor \'iGe Ghair shall serve as an offiGer fer more than n'lo GonseGuti'le terms. 2.17.050 Meetings; Quorum; Voting The PubliG Arts Commission shall hold an offiGial meeting at least monthly and may hold speGial meetings as set by the Gommission. ^ majority of the members Gonstitutes a quorum for meetings. Provided a quorum is present, any item must be approved by a simple majority of the voting members present at a meeting to pass, unless otherwise provided. 2.17.060 Rules and Regulations The PubliG Arts Commission shall establish such rules and regulations for its government and proGedures Gonsistent with the laws of the state and the ordinanGes of the Gity. 2.17.070 Powers and Duties The Public Arts Commission shall be specifically responsible for, but not limited to, the following: A. The commission shall ensure the arts continue to be of value as an integral part of Ashland. B. The commission shall promote the arts in Ashland to enrich the lives of its citizens through education and demonstration. C. The commission may assist the city council, the Ashland Parks and Recreation Commission, historic commission and the planning commission in using public art to enhance existing development in public parks and other public lands and in public structures. D. The commission shall advise the planning commission, the Ashland Parks and Recreation Commission, other city commissions and committees and city .departments regarding artistic components of all municipal government projects under consideration by the city. The commission may also serve as a resource for artistic components of land use developments. E. The commission shall develop and recommend to the city council policies and programs that would enhance and encourage the planning, placement and maintenance of public displays of art in locations open to the public within the community. Page 19 of 49 F. The commission shall encourage connections with other local, regional and national organizations working for the benefit of art and preservation of artistic values, and other similar activities. G. The commission shall recognize and encourage groups and organizations that. enrich Ashland life by bringing oultural and artistic values and artifacts to the city. H. The commission shall pursue gifts and grants for support of arts programs and activities and the procurement of public art. 2.17.080 Compensation Voting members of the commission shall receive no compensation for services rendered. The commission may receive gifts, bequests or devises of property on behalf of the city to carry out any of the purposes of this chapter. These shall be placed in a special account f.or use of the commission. 2.17.090 Policies A The Public Arts Commission shall operate in the general public interest serving the community as a '....hole. It shall serve no special interests. B. The Public Arts Commission shall not endorse any commercial product or enterprise 2.17.100 Process for acquiring public art A. General. The Public Art Commission will call f.or entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply with the City's Jlublic contracting rules. 1. Acquisition. Acquisition of public art will generally result fro!m a. The commissioning or purchasing of a work of public art by the city using city funds or donated funds, in accordance 'I.'ith public contracting laws and -"MC Chapter 2.50; or b. An offer made to the city to accept a work of public art as a gift, donation, or loan. 2. Removal. Removal of public art may be by request or owing to some damage or destruction of the artwork. Page 20 of 49 B. Selection Panel. ^ selection panel, separate from the Public Art Commission, consisting of art professionals ami enthusiasts, r.esidents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. !'. different selection panel shall be chosen for each project by the Commission after the following notifications have been made: 1. I.n ad is placed in a ne'....spaper of general circulation in the GUy, 2. Postcards are sent out to all property owners located '1:ithin 300 feet of the proposed site, and 3. ^ notice is placed on the city's website. The Commission shall pick the Selection Panel by examining applications received from interested parties. C. Eyaluation of Acquisition Proposals. Proposals '.vhich meet the minimum requirements set ferth in the call for entries will be given to the Selection Panel for re':iew. The proposals f.or acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel '.viii evaluate the proposals and make a recommendation to the Public J'.rt Commission regarding which proposals to accept. The Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use appro':al processes when required fer the use or structure. D. Remo':al and Disposal Process. Except as proYided in l\MC 2.17.140(B), neither the Council nor the Commission is bound to f.ollow any particular process for removal and disposal of art in the Ashland Public Art Collection. 2.17.110 Re'/iew process for gifts or donations The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public .'\rt Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the city and the Ashland Public Art Collection on its own motion or upon a recommendation by the Commission based on its own evaluation, or by recommendation of the Commission after the Selection Panel has evaluated the art\\'ork using the guidelines in .II.MC 2.17.130 and the total cost over the life of the artwork. Page 2] of 49 All art works or funds shall be administered by the city in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusi'lely for the purposes of the Commission or as designated by the donor. Funds in this account may only be expended after they have been properly budgeted or approved by the city. 2.17.120 Public 1\rt on Private Property Before public art can be placed on pri',.ate property the Commission shall determine whether the site is appropriate for public art under the Site Selection criteria in 1\MC 2.17.130. If the site is feund to be appropriate for public art, the City shall secure authorization to use and access the private property where the public art will be located befere the acquisition process for public art is initiated. There shall be a written agreement or legal instrument, granting the City permission and control of the property so that the property can be used for public art purposes, including access fer installation, maintenance and remoyal of the artwork. Public art can then be acquired for placement on pri':ate property by f.ollowing the process for: A. J'.cquisition in AMC 2.17.100, or B. Gifts and donations in AMC 2.17.110. 2.17.130 Guidelines for recommendation by the Commission 1\. Selection Guidelines for Works of Public ,I'.rt. 1. Quality. The artwork should be of exceptional quality and enduring '/alue. 2. Site. The artwork should enhance the existing character of the site by taking into account scale, color, material, texture, content, and the social dynamics of the location. 3. History.and Context. The artwork should consider the historical, geographical, and cultural features of the site, as well as the relationship to the existing architecture and landscaping of the site. 4. Initial Cost. The total cost of the artwork, including all items related to its installation, should be considered. 5. Maintenance and Durability. The durability and cost to maintain the artwork should be considered and quantified, particularly if the work is servicing, repainting, repairing or replacement of moving parts. Page 22 of 49 6. Permanence. Both temporary ami permanent art works shall be considered. 7. Media. All f.orms of vis~al media shall be considered, subject to any requirements set forth by city ordinance. 8, Public Liability. The artwork should not result in safety hazards, nor cause extraordinary liability to the city. 9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural di':ersity. 1Q. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby businesses. 11. Compliance. .'l.rtv:orks shall not violate any federal, state, or local I a\\ls , including specifically J\MC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled by the city, or there should be a written agreement or legal instrument, granting the City permission to use the property for public art purposes, including access f.or installation, maintenance and removal. 2. Visual Accessibility. Public art should be easily visible and accessible to the public. J. Visual Enhancement. Public art should visually enhance the o':erall public environment and pedestrian streetscape. . 4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be part of the sity's cirsulation paths. 5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal pedestrian circulation or ':ehicle traffic. 6. Scale. Public art should not be placed in a site where it is o':erv:helmed or competing with the scale of the site, adjacent architect~re, large signage, billboards, ets. 2.17.14Q Standards fur the Ashland Public J\rt Collection Page 23 of 49 1'.. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of artworks. 1. I'.rtworks may be acquired by direct purchase, commission, gift or any other means. 2. /\cquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal instrument of con':eyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties. 3. The city shall obtain the rights of ownership and possession without legal or ethical restrictions on the future use of the artv,'ork upon final acceptance of the artwork, except ',-there expressly provided in the contract 'Nith the artist. The artists shall retain all rights and interests in the am\'ork except for the rights of ownership and possession. 4. The City shall only acquire artv:orks if: 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so, 'h'ithout written permission by the City, and 2) the artist gi':es permission to the City to make a two dimensional reproductions as long as all such reproductions pro'tide the copyright symbol, name of the artist, title of the artv:ork, and the date of completion. 5. Complete records, including contracts with artists, shall be created and maintained for all artv:orks in the Ashland Public ^rt Collection. B. Removal. 1. The Commission may recommend removal and/or disposal based on one or more of the follo.....ing conditions. No public hearing is required for a removal recommendation. a. The site for an am'Jork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered. b. The am'Jork is found to be forged or counterfeit. c. The artv,'ork possesses substantial demonstrated faults of design or workmanship. Page 24 of 49 d. The artwork callses excessive or Ilnreasonable maintenance. e. The artwork is damaged irreparably, or so se'/erely that repair is impractical. f. The am\'ork presents a physical threat to pllblic safety. g. The am\'ork is rarely displayed. h. A written reqllest for removal has been receiyed from the artist. 2. COllncil Removal Process. a. On its 01f.'R motion, or following receipt of a recommendation from the Commission the COllncil may remoye and dispose of any artwork preYiollsly accepted into the Ashland Pllblic Art Collection in their sole discretion. b. Acceptance or placement of donated art by the city does not gllarantee continllolls public display of the artwork regardless of physical integrity, identity, authenticity, or physical condition of the site. c. Removal officially deletes the work from the city of Ashland Pllblic J'.rt Collection by a relinquishment of title to the artwork; thllS, eliminating the city's obligation to maintain and preserve the artwork. d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific terms for remo'.lal and disposal set f.orth in the contract with the Artist. 3. Remo\'al and Disposal. a. The city may donate the am':ork to another governmental entity or a nonprofit organization. b. A work that is deemed to ha'/e retained sllfficient monetary value to warrant resale, shall be disposed of through a public sale, allction, or any other means as established by city ordinance. Page 25 of 49 c. Artworks removed from the Ashland Public I\rt Collection may be disposed of through any appropriate means, including the city's procedures for the disposition of surplus property.. C. Borrowing of J\rt\':orks. 1. The Commission may also recommend amvorks be borrowed. 2. 'Nith the exception of ownership, the eligibility, re\'iew criteria, and procedure for borro'Ned works shall be the same as those established in this article for acquisition. 3. The borro.....ing of am':orks shall be pursuant to written agreement between the city and the artist. 4. Nothing herein prohibits the city from securing other works of art or art exhibitions for display inside its facilities. 2.17..150 Maintenance of the I'.shland Public Art Collection 1'.. Except where expressly provided in a contract or warranty for public art the city shall be responsible for all maintenance of all artworks in the I\shland Public J\rt Collection. 8. 'Nithin the limitation of the city budget the city shall provide necessary and appropriate maintenance of the .^.shland Public Art Collection, including, but not limited to, regular custodial care and landscape maintenance. Maintenance shall be performed in accordance with any special instructions or procedures necessary f.or the preservation of the work. C. I'.ny evidence of damage, deterioration, vandalism or theft of am'Jarks in the Ashland Public Art Collection shall be immediately reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damage to City property. 2.17.160 Parks commission The standards and procedures in this article are in addition to, not in derogation of, the Ashland parks commission revie'N responsibilities for projects proposed in city parks. Nothing herein exempts public art projects from compliance with all applicable federal, state, and local laws including, but not limited to, land development regulations and building code compliance. Page 26 of 49 2.17.1711 Development of guidelines The Commission shall have the ability to establish further guidelines concerning its operations; ho'....e'/er, only the criteria and processes of this ordinance will be legally binding. 2.17.180 Creation, funding and use of Ashland public art account .II,.. Establishment. The Council hereby establishes a separate account entitled the Ashland public art account to be reflected in the city budget. All funds donated, appropriated or generated for the purpose of public art acquisition and education shall be deposited in this account and used solely for such purposes, in accordance '....ith this article and other applicable law. Funds generated pursuant to the Commercial Development Fee in lieu established in Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for J'.rt dedication in this section shall all be deposited into the Ashland Public Art Account. B. Permitted Purposes of Public I'.rt Account. The public art account shall be used solely for the acquisition, placement, maintenance, and remo'/al of artworks for inclusion in the Ashland Public Art Collection and for art education purposes, such as community outreach presentations and workshops, in accordance with the provisions of this article and other applicable la'..... C. Requirement for Dedication of a Percent for Art. Any city official or employee who authorizes or appropriates expenditures on behalf of a participating department for a city project shall, to the degree that there are eligible funds, include within the budget for the project a monetary contribution for the public art account equal to one half percent (0.5%) of the total cost of the project. 1. One half percent (1l.5%) of the total cost of a qualifying city project shall be dedicated to the public art account. Such funds shall be deposited into the public art account by the city official or employee acting on behalf of the participating department no earlier than the time that budgeted funds are encumbered for construction of the city project and no later than final inspection of the completed city project. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any city project. If costs are incurred by the participating department to comply with this article requirement prior to transfer of the one half percent (.5%) dedication for the city Page 27 of 49 project to the public art account, the participating department may deduct such costs (not to exceed one half percent) from the one half percent (.5%) dedication at the time such funds are transferred. D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the city project that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Projects. As a general rule, where a city project .....ill be constructed in phases, the one half percent (Q.5o/.) dedication shall be applied to the estimated total cost of each phase of the city project at the time that funds for the phase are appropriated and encumbered. However, nothing in this section prevents the Council from deciding to hold or set aside all or part of the entire dedication from the funds of a particular phase, as the Council deems appropriate. In determining when to hold or set aside the funds for a phased project, the city will consider an overall public art plan for the project to ensure that art is not located on a piecemeal basis '.'lith phase construction. F. Monetary contributions for public art shall be deposited in separate accounts within the public art account if separate accounting is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations made other than through the percent for art program shall be deposited in the public art account and may be dedicated to or earmarked for a specific education program or work of art, subject to acceptance by the Council. H. Disbursements from the public art account shall be made only after authorization of the City l\dministrator or the Administrati'Je Services Director (Finance), and shall be made according to this article and other applicable city ordinaflces, including but not limited to the public contracting code (AMC Chapter 2.5Q). I. The Council may adopt by resolution case specific ',vaivers or guidelines for administration of the percent for art program, including case by case waivers of the required dedication set forth herein based on the availability of public funds, as ...:ell as any other matters not specifically addressed herein and appropriate or necessary to the administration of the program. Page 28 of 49 SECTION 8. Chapter 2.18, [Conservation commissionl, is hereby amended to read as follows: 2.18 Conversation Commission 2.18.010 Established-Membership The Conservation Commission is established and shall consist of nine m voting members including one representative of the solid waste franchisee for the city; and one representative from Southern Oregon University; and one representative from the Ashland School District and six (6) other voting members. At least five (5) of the other members shall reside within the city. The commission shall also consist of certain non-voting ex officio members, including the mayor or one council member serving as council liaison, the Department of Community Development Director and the Electric Utility Director, the Director of Public Works, the Building Official and City Administrator. The Electrio Utility Director shall serve as the primary staff Liaison and Secretary of the Commission. Voting members shall be appointed by the Mayor with confirmation by the City Council. 2.18.020 Terms Vacancies The term of voting members shall be for three years, expiring on April all of each year. Any vacancy shall be filled by appointment by the Mayor with confirmation by the City Council for the unexpired portion of the term. The terms of the initial nine members shall be three members for one year, three f.or two years, and three for three years, which shall be drawn by lot at the first meeting of the commission after the adoption of this resolution. Their successors shall be appointed for three year terms. Any commissioner who has four or more unexcused absences in a one year period shall be considered no longer acti'/e and the position \'acant and a new person shall be appointed to fill the vacancy. 2,18.11ao Quorum Rules and Meetings Five voting members of the commission shall constitute a quorum. If a quorum is present, the affirmative vote of a majority of commissioners present at the meeting and entitled to vote shall be sufficient to conduct business. The commission may make rules and regulations for its meetings and procedures consistent .....ith city ordinances and this resolution, and shall meet at least once every month. At its first meeting, the commission shall elect a chair and vice chair who shall serve for a period of one year or until replaced by the commission. 2.18.040 Powers and Duties-Generally Page 29 of 49 The powers, duties and responsibilities of the commission shall be to educate and advocate for the wise and efficient use of resources by the City of Ashland and all Ashland citizens. In doing so the commission shall recommend to the council the adoption of policies, implementation strategies and funding related to: A. Recycling, source reduction and solid waste/landfill issues; B. Electrio conservation issues; C. Water conservation issues; D. Resource conservation issues; E. New power resource decisions, but not including decisions involving wholesale power contracts; F. Renewable resource decisions; G. Air quality issues; H. Education of citizens about efficiency issues; and 2.111.050 Reports The commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested by the cOllncil. 2.111.060 Compensation Voting members of the Commission shall receive no compensation for services rendered. . SECTION 9. ChaDter 2.21, [Cable Access Commission], is hereby amended to read as follows: 2.21 Cable Access Commission 2.21.010 Definitions. The following words and phrases .....heniwer used in this chapter shall be constrlled as defined in this section unless from the context a differeht meaning is intended. 1\. "Access" or "public access" means that go':ernment access channel or channels provided to the City of Ashland by the Cable Company in accordance with Section 26 of Ordinance No. 22511 or the Cable Television Consllmer Protection and Competition J\ct of 1992. 8. "Commission" means the .'\.shland Cable Access Commission created by and '....ith allthority as delineated by this ordinance. Page 30 of 49 C. "RVTV" means Rogue Valley Community Television as administered by the Extended Campus Program of Southern Oregon State College. 2.21.11211 Commission Established, Membership 11.. The Ashland Cable J'.cGess Commission is created and shall consist of fi'/e members appointed by the Mayor and confirmed by the Council. B. The Commission shall also consist of the following ex officio, non voting members: the City of Ashland Administrator or designee and a representative of the Southern Oregon State College RVTV staff. 2.21.11311 Terms Vacancies 'JlJhen the first members of the Commission are appointed by the Mayor under Section 2.21.ll2ll, two shall be appointed f~r a term to expire July 1997, tv,'o shall be appointed for a term to expire July 19911, and one shall be appointed f.or a term to expire July 1999. The successors to these positions shall serve terms of three years. Vacancies shall be filled as . promptly as possible. Any Commissioner who is absent for t\'.'o consecutive meetings or four meetings in a one year period .....ithout being excused, shall be considered no longer active and the position vacant. 2.21.ll411 Quorum Rules and Meetings ."I. quorum shall exist whenever a majority of the duly appointed voting members are present. A majority of a quorum shall be necessary for the conducting of business at meetings. The Commission shall develop and operate in accordance with appropriate rules and regulations for the conduct of its meetings, and shall meet at least every other month. 2.21.11611 Powers and Duties Generally The Commission shall: ,... Review, adopt and recommend f~r City Council approval appropriate guidelines, policies and procedures for public access services through RVTV including use of access facilities. The policies and procedures shall include a dispute resolution process for the public to resolve disputes regarding public access. The Commission shall monitor and assist in, where appropriate, the implementation of these guidelines, policies and procedures. B. Monitor, evaluate and make recommendations to the City Council regarding the effectiveness of agreements bet\'/een the city and Southern Oregon State College or others in'/ol'/ing public access programming, Page 31 of 49 equipment and facilities. C. The Commission shall have tile furtl1er responsibility to assess wl1etl1er tile public's need f.or community access programming is being satisfied and to de\'elop long range plans, strategies, and recommendations for improved community access as it deems necessary. D. The Commission sl1alll1ave tile autl10rity to search out grant funds and other sources of revenue f.or public access, to f.oster new program development, and to seek additional participants. 2.21.070 Appeals Except as provided in this section, a decision of the Commission is final. Provided the petition is filed within 60 days of the decision, any person aggrieved by a decision of the Commission may petition tile Asl1land City Council to hear an appeal of the decision. The Council may decline to hear the petition. If tile Councill1ears tile petition, it sl1alll1ave tile authority to affirm, modify or reverse tile decision of tile Commission. 2.21.080 Reports Tile Commission shall submit copies of its minutes to tile City Council and shall submit such reports as from time to time may be requested by tile Mayor and City Council. 2.21.090 Compensation Voting members of the Commission sl1all receive no compensation for services rendered. Tile Commission may receive grants, gifts, bequests or devises of property to carry out any of the purposes of this Cl1apter wl1icl1 sl1all be placed in a special account for the use of tile Commission. SECTION 10. ChaDter 2.24, [Historic commissionl, is herebv amended to read as follows: 2.24 Historic Commission 2.24.010 Established - Membership There is established a Historic Commission which will consist of nine (9) voting members, and certain non-voting ex officio members including the Chairperson of the Planning Commission, a representative from the Ashland City Council, and a representative of the Ashland Building Division. Page 32 of 49 2.24.020 Term Vacancies The members shall be appointed by the Mayor, with confirmation by the City Council, for three (3) year terms. Initially, three (3) members shall be appointed to terms expiring on December 31, 1975, three (3) for terms expiring December 31, 1976, and three (3) for terms expiring December 31, 1977. (Ord. 2423A changed expiration dates to I\pril 30th of the next year beginning for terms ending in 1989.) Their successors shall be appointed to three (3) year terms. Any Commissioner who is absent from fQur (4) or more meetings in a one year period without being excused, shall be considered no longer active and the position vacant, and a new Commissioner shall be appointed to fill the vacancy. (Ord. 2423 A 84,1989; Ord. 2534,1989) 2.24.l130 Quorum Rules and Regulations Fi'/e (5) '/oting members of the Commission shall constitute a quorum. At its first meeting of the year the Commission shall elect a Chair, Vice Chair and Secretary, who shall hold office at the pleasure of the Commission. The Commission may make rules and regulations for its government and procedure, consistent 'I.'ith the la.....s of the State and City Charter and Ordinances and shall meet at least once a month on tile first Wednesday at 7:30 P.M. in the Ashland Community Center, I\shland Oregon. 2.24.040 Powers and Duties - Generally The powers, duties, and responsibilities of the Historic Commission shall be as follows: A. To survey and recommend to the City Council, areas or properties of significant historical value and interest to be designated historical properties; B. To draft and recommend ordinances and other measures designed to protect and foster interest in the improvement of designated historical properties; C. To review literature and sources of funding concerning the protection and improvement of designated historic properties; D. To review and make recommendations conoerning the improvement of designated historic properties in connection with the issuance of building permits, Page 33 of 49 zone changes, conditional use permits, variances, sign permits, and site reviews; E. To review and recommend project applications for funding; F. To promote public support in the preservation of Ashland's historic past; G. Advise citizens on aesthetic standards for historic areas. 2.24.050 Reports The Commission shall submit copies of its minutes to the City Council ami Planning Commission and shall prepare and submit such reports as from time to time may be requested of them by the Mayor and City Council and the Planning Commission. 2.24.060 Compensation Voting members of the Commission shall receive no compensation for services rendered. The Commission may receive gifts, bequests or devises of property to carry out any of the purposes of this Chapter, 'Nhich shall be placed in a special fund for use of said Commission. SECTION 11. ChaDter 2.23, [Ashland Airport Commission], is herebv amended to read as follows: 2.23 Ashland Airport Commission 2.23.010 Established - Membership There is hereby established an Ashland Airport Commission which shall oonsist of nine (9) voting members, one (1) of which shall be the Council person appointed by the Mayor as liaison to the Commission, and two one (1) ill non-voting ex officio member~ who shall be the Director of Public Works and the Council person appointed by the Mayor as liaison to the Commission,. The voting members shall be appointed by the Mayor, with confirmation by the City Council. 2.23.015. Qualifications. In makina the appointments, the Mayor and Council shall appoint members such that the maiority of the Commission has either education, trainina. experience or other expertise in airports, aircraft. aeronautics or enaineerinQ. A member shall not be disaualified for purposes of appointment or official action simply by beinQ a member of a class of airport users, includina but not limited to pilots, airplane owners or airport lease holders. 2.23.020 Term Vacancies Page 34 of 49 The term of eight of the voting members shall be for three (3) years expiring on I'.pril 30 of eaGh year. The term of the Council liaison person shall be for one (1) year. Any vaGanGY shall be filled by appointment by the Mayor, with Gonfirmation by the City CounGil, for any unexpired portion of the term. The terms of the initial eight members shall be two for one (1) year, three for two (2) years, and three for three (3) years, whiGh shall be drawn by lot at the first meeting of the Commission after the adoption of this chapter. Their SUGGessors shall be appointed to three (3) year terms. I'.ny Commissioner who is absent from four (4) or more meetings in any one calendar year, without being eXGused, shall be considered no longer aGtive and the position vacant, and a new Commissioner shall be appointed to fill the vacancy. 2.23.030 Quorum Rules and Meetings Fi'o'e (5) voting members of the Commission shall Gonstitute a quorum. The Commission may make rules and regulations for its government and proGedure, Gonsistent .....ith the laws of the State and City Charter and shall meet at least once e'o'ery thirty (30) days. 2.23.040 Powers and Duties - Generally The powers and duties of the Ashland Airport Commission shall be as follows: A. To advise the Mayor and City Council on all matters relating to the management, operation, and further development of the Ashland Airport. B. To investigate Federal, State, County, and private funding for airport improvements in reiation thereto the requirement of City participation in financing. C. To review and recommend project applications for funding to the City Council. 2.23.050 Reports. The Commission shall submit Gopies of its minutes to the City Council and shall prepare and submit SUGh reports as from time to time may be requested by the Mayor and City CounGil. 2.23.060 Compensation Voting members of the Commission shall reGei'o'e no compensation for serviGes rendered. The Commission may receive gifts, bequests, or de'o'ises of property to Garry out any of the purposes of this Chapter, '....hich shall be segregated from other funds for use by said Commission with the approval of the City Council. Page 35 of 49 SECTION 12. Chapter 2.25. rrree Commission], is hereby amended to read as follows: 2.25 Tree Commission 2.25.005 Purpose - The Tree Commission shall provide advice and guidance to commissions, the Council and city departments on all tree-related matters and to involve citizens in proteoting Ashland's urban forest. 2.25.010 Established - Membership The Tree Commission is hereby established to provide advice and guidance to commissions, the Council and city departments on all tree related matters and to invol':e citizens in protecting Ashland's urban forest. The Commission shall consist of the actual number of current sitting Commission members appointed by the Mayor and confirmed by the City Council pursuant to AMC Section 2.25. 020, but in no case and-shall consist of no there be less than five members nor more than seven voting members. There shall also be and three non-voting ex officio members consisting of a member of the City Council, a representative of the Community Development Department and a representative of the Parks and Recreation Department. +he voting members shall be appointed by the Mayor '.'lith confirmation by the City Council. 2.25.020 Term Vacancies The term of a ':oting Commissioner shall be f~r three years. Any vacancy shall be filled by appointment of the Mayor with confirmation by the City Council for the unexpired portion of the term. Any Commissioner with four or more unexcused absences from meetings in a one year period shall be considered no longer acti\<e and the position vacant and a new Commissioner shall be appointed to fill the vacancy. 2.25.030 Quorum - Rules and Meetings Notwithstandinq any other provision of this code, a A-quorum shall be defined as one-half the number of sitting Commissioners, plus one, but in no case less than three. If there is no quorum, no official Commission business shall be conducted and all matters advertised shall automatically be continued to the next regularly scheduled meeting. The Commission may make rules and regulations for its meetings and procedures consistent with city ordinances, and shall meet at least once every month. At its first meeting of each year the Commission shall elect a Chair, a Vice Chair 2.25.040 Powers and Duties - Generally Page 36 of 49 The powers, duties and responsibilities of the Tree Commission shall be as follows: 1. To act in an advisory capacity to the Planning Commission, City Council and Planning Department Staff Advisor in the administration of the land- use planning process, with respect to tree science and requirements, landscape design and principles, locally suitable botanic species and protection of natural resources. Failure to make a recommendation on any. individual planning action shall. not invalidate the action. 2. To develop and recommend to the City Council for its adoption ordinances and policies for the planting, care and protection of trees throughout the City and to make amendments as required to AMC 18.61. 3. To act in an advisory capacity to the City Administrator and to all City departments regarding tree protection, maintenance, removal or any related issues in the City and on all City properties. 4. To develop and recommend to the Planning Commission and the City Council for their review and adoption a city-wide tree monitoring and maintenance plan for long-term tree care, including irrigation, pruning and other annual activities. Copies of the plan shall be kept in the Office of the City Recorder and the Community Development Department for public review. 5. To develop and recommend to the City Council for its adoption a master list of street trees suitable for planting along city streets, a copy of which shall be kept on file by the Office of the City Recorder and the Community Development Department as well as made available on the internet. The list shall be updated and reviewed as required. . 6. To educate the citizenry and to promote public knowledge and understanding of the benefits of appropriate tree planting and care. 7. To facilitate an inventory of existing trees, including historical or significant trees; to identify publicly owned properties in need of sustainable tree-planting or landscaping; and to submit recommendations regarding such enhancement of public lands and rights-of-way and to present reports of such inventories, at the request or direction of Council. 2.25.050 Reports The Commission shall submit copies of its minutes to the City Council ana shall prepare ana submit such reports as from time to time may be requestea of them by the City Councilor the Planning Commission. Page 37 of 49 2.25.060 Donations Subject to the formal acceptance by the City Council, the Commission may receive gifts, bequests or other devices of property in the name of the City to carry out any of the purposes of this Chapter, which shall be placed in a special account for use at the discretion of the Commission. Penalty or mitigation fees as aescribea in 18.61.030, C ana authorizea by City Council may also be placea in such account. SECTION 13. Savings Clause and Continuation of existing appointments. NotwithstandinQ this amendment/repeal. the City ordinances in existence at the time any criminal. civil. or administrative enforcement actions or other applications or actions were commenced shall remain valid and in full force and effect for purposes of all cases. applications or action filed or commenced durinQ the times said ordinances resolutions or Code provisions were operative. This section simplv clarifies the existinQ situation that nothinQ in this ordinance affects the validitv of prosecutions, applications or actions commenced and continued under laws in effect at the time the matters were oriQinallv filed. Further. NotwithstandinQ any other provision of this Ordinance. currentlv seated Advisory commission. committee and board members. IvotinQ and non-votinq), as well as Liaisons. appointed under authority of prior Code. Ordinance or Resolutions or shall remain seated and shall be considered appointed for purposes of this ordinance in accordance with oriqinal term expirations as they currentlv exist. Members who have abandoned their position due to unexcused absences in accordance with prior ordinance or resolutions provisions shall not be excused or saved bv this Section. SECTION 14. Repeal. Resolution No. 1995-25 is hereby repealed. SECTION 15. Repeal. Resolution No.1996-18 is hereby repealed. SECTION 16. Repeal. Resolution No. 2003-07 is hereby repealed. SECTION 17. Repeal. Resolution No. 2007-15 is hereby repealed. SECTION 18 A new AMC Chapter 2.29, [Public Art], is hereby added from deleted / moved sections of revised Chapter 2.17 to read as follows: 2.29 Public Art. 2.29.005 Definitions Page 38 of 49 A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection bv any means includinQ direct purchase. commission or acceptance of a Qift. B. "Artwork" means visual works of public art as defined herein. C. "Ashland Public Art Collection" means all public art acquired bv the City bv any means. D. "Capital improvement proqram ICIP)" means the city' s proqram for advance planninQ of capital improvements. E. "Citv proiect" or "project" means any capital improvement project in an amount over $25,000 paid for whollv or in part bv the city of Ashland to purchase or construct any public buildinQ. decorative or commemorative public structure. sidewalk. or multi-use pathway construction. park facilitv construction. or any portion thereof. within the limits of the city of Ashland. "Citv project" or "proiect" does not include public utilitv improvements. le.q. electric, water. sewer. or stormwater). LID improvements. includinq but not limited to streets. sidewalks and associated improvements, property acquisition. earth work, emerQencv work. minor alterations. rehabilitation, minor or partial replacement. remodelinQ or ordinary repair or maintenance necessary to preserve a facilitv. NotwithstandinQ the above limitation. the Councilor responsible contractinQ officer may include any new city street or utilitv proiect (limited to water. sewer and storm water projects) in an amount over $25.000 as a city proiect under this article. bv either vote of the Council or inclusion in the contract solicitation documents prepared bv the responsible contractinQ officer. F. "Commission" means the Ashland Public Arts Commission created bv AMC 2.17.010, consistinQ of seven members appointed bv the mayor and confirmed bv the Council. G. "EliQible funds" means a source of funds for projects from which art is not precluded as an object of expenditure. H. "ParticipatinQ department" means the department that is subject to this article bv its sponsorship of a city project. I. "Percent for art" means the proqram established bv this article to set aside a percentaQe of the total cost of city projects for public art. J. "Public art" means all forms of oriQinal works of art in any media that has been planned and executed with the specified intention of beinQ sited or staQed on City Property or on property owned or controlled bv the City of Ashland. usuallv outside and accessible to the public. Page 39 of 49 K. "Public art account" means the city of Ashland public art account in the city budqet established bv this article into which all moneys donated. appropriated or derived pursuant to the percent for art proQram shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article. L. "Removal" means the exclusion of an artwork from the Ashland public art collection bv the removal and disposal throuQh any available means. such as relinQuishinQ title throuQh sale. Qift or destruction. M. "Selection Panel" means a Qroup of individuals selected bv the Commission that will evaluate the proposals associated with a particular project in a public meetinQ. N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art. O. "Commercial Development Fee" means funds deposited bva commercial developer into the Public Art account when the developer prefers not to incorporate public art into the project and follow the public art process for art acquisition and approval. P. "Total cost" means the entire amount of the city' s financial contribution toward construction and maintenance of a project. 2.29.100 Process for aCQuirinq public art A. General. The Public Art Commission will call for entries bv issuinq a request for proposal. a request for Qualification or bv invitation. The call for entries will include specific quidelines and criteria for the specific proiect. Every call for entry must complv with the City's public contractinq rules. . 1. Acquisition. Acquisition of public art will Qenerallv result from: a. The commissioninQ or purchasinQ of a work of public art bv the city usinQ city funds or donated funds. in accordance with public contractinQ laws and AMC Chapter 2.50; or b. An offer made to the city to accept a work of public art as a qift. donation. or loan. 2. Removal. Removal of public art may be bv request or owinQ to some damaQe or destruction of the artwork. Page 40 of 49 B. Selection Panel. A selection panel. separate from the Public Art Commission. consistinQ of art professionals and enthusiasts. residents near the proposed site. community members. and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each proiect bv the Commission after the followinQ notifications have been made: 1. An ad is placed in a newspaper of qeneral circulation in the city. 2. Postcards are sent out to all property owners located within 300 feet of the proposed site. and 3. A notice is placed on the city's website. The Commission shall pick the Selection Panel bvexamininQ applications received from interested parties. C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be Qiven to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meetinQ. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission reQardinQ which proposals to accept. The Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use approval processes when required for the use or structure. D. Removal and Disposal Process. Except as provided in AMC 2.29.140IB). neither the Council nor the Commission is bound to follow anv particular process for removal and disposal of art in the Ashland Public Art Collection. 2.29.110 Review process for Qifts or donations The Commission may solicit Qifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such qifts of art work on behalf of the city and the Ashland Public Art Collection on its own motion or upon a recommendation bv the Commission based on its own evaluation. or bv recommendation of the Commission after the Selection Panel has evaluated the artwork usinQ the quidelines in AMC 2.29.130 and the total cost over the life of the artwork. Page 41 of49 All art works or funds shall be administered bv the city in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusivelv for the purposes of the Commission or as desiQnated bv the donor. Funds in this account may onlv be expended after they have been properlv budQeted or approved bv the city. 2.29.120 Public Art on Private Property Before public art can be placed on private property the Commission shall determine whether the site is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is found to be appropriate for public art. the City shall secure authorization to use and access the private property where the public art will be located before the acquisition process for public art is initiated. There shall be a written aQreement or leQal instrument. QrantinQ the City permission and control of the property so that the property can be used for public art purposes, includinQ access for installation. maintenance and removal of the artwork. Public art can then be acquired for placement on private property bv followinQ the process for: A. Acquisition in AMC 2.29.100. or B. Gifts and donations in AMC 2.29.110. 2.29.130 Guidelines for recommendation bv the Commission A. Selection Guidelines for Works of Public Art. 1. Qualitv. The artwork should be of exceptional Qualitv and endurinQ value. 2. Site. The artwork should enhance the existinQ character of the site bv takinQ into account scale. color, material. texture. content. and the social dynamics of the location. 3. History and Context. The artwork should consider the historical. QeoQraphical. and cultural features of the site. as well as the relationship to the existinQ architecture and landscapinQ of the site. 4. Initial Cost. The total cost of the artwork. includinQ all items related to its installation. should be considered. 5. Maintenance and Durabilitv. The durabilitv and cost to maintain the artwork should be considered and Quantified. particularlv if the work is servicinQ. repaintinQ, repairinQ or replacement of movinQ parts. Page 42 of 49 6. Permanence. Both temporary and permanent art works shall be considered. 7. Media. All forms of visual media shall be considered. subject to any requirements set forth bv city ordinance. 8. Public Liabilitv. The artwork should not result in safety hazards. nor cause extraordinary Iiabilitv to the city. 9. Diversitv. The artwork in the Ashland Public Art Collection should encouraQe cultural diversity. 10. Commercial Aspect. The artwork shall not promote Qoods or services of adjacent or nearby businesses. 11. Compliance. Artworks shall not violate any federal. state. or local laws. includinQ specificallv AMC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled bv the city. or there should be a written aQreement or leQal instrument, QrantinQ the City permission to use the property for public art purposes. includinQ access for installation. maintenance and removal. 2. Visual Accessibilitv. Public art should be easilv visible and accessible to the public. 3. Visual Enhancement. Public art should visuallv enhance the overall public environment and pedestrian streetscape. 4. Pedestrian Accessibilitv. Public art should experience hiQh levels of pedestrian traffic and be part of the city's circulation paths. 5. Circulation. Public art should not block windows. entrancewavs. roadways or obstruct normal pedestrian circulation or vehicle traffic. 6. Scale. Public art should not be placed in a site where it is overwhelmed or competinQ with the scale of the site. adjacent architecture. larQe siQnaQe. billboards. etc. 2.29.140 Standards for the Ashland Public Art Collection Page 43 of 49 A. Acquisitions. The followinQ minimum standards and criteria shall applv to the acquisition of artworks. 1. Artworks may be acquired bv direct purchase. commission. Qift or any other means. 2. Acquisition, whether bv direct purchase. commission. Qift, or otherwise. shall occur bv a leQal instrument of conveyance or other writinQ transferrinQ title of the artwork to the City and c1earlv defininQ the riQhts and responsibilities of all parties. 3. The city shall obtain the riQhts of ownership and possession without leQal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork. except where expresslv provided in the contract with the artist. The artists shall retain all riQhts and interests in the artwork except for the riQhts of ownership and possession. 4. The City shall onlv acquire artworks if: 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so. without written permission bv the City. and 2) the artist Qives permission to the City to make a two- dimensional reproductions as lonQ as all such reproductions provide the copvriQht svmbol, name of the artist. title of the artwork. and the date of completion. 5. Complete records. includinQ contracts with artists. shall be created and maintained for all artworks in the Ashland Public Art Collection. B. Removal. 1. The Commission may recommend removal and/or disposal based on one or more of the followinQ conditions. No public hearinQ is required for a removal recommendation. a. The site for an artwork has become inappropriate because the site is no lonQer accessible to the public or the phvsical site is to be destroyed or siQnificantlv altered. b. The artwork is found to be forQed or counterfeit. c. The artwork possesses substantial demonstrated faults of desiQn or workmanship. Page 44 of 49 d. The artwork causes excessive or unreasonable maintenance. e. The artwork is damaQed irreparablv. or so severelv that repair is impractical. f. The artwork presents a phvsical threat to public safety. Q. The artwork is rarelv displaved. h. A written request for removal has been received from the artist. 2. Council Removal Process. a. On its own motion, or followinQ receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previouslv accepted into the Ashland Public Art Collection in their sole discretion. b. Acceptance or placement of donated art bv the city does not Quarantee continuous public displav of the artwork reQardless of phvsical inteQritv. identity. authenticity, or phvsical condition of the site. c. Removal officiallv deletes the work from the city of Ashland Public Art Collection bv a relinquishment of title to the artwork; thus. eliminatinQ the city's obliQation to maintain and preserve the artwork. d. NotwithstandinQ the above. Artwork shall be disposed of in accordance with any specific terms for removal and disposal set forth in the contract with the Artist. 3. Removal and Disposal. a. The city may donate the artwork to another Qovernmental entity or a nonprofit orQanization. b. A work that is deemed to have retained sufficient monetary value to warrant resale. shall be disposed of throuQh a public sale, auction. or any other means as established bv city ordinance. Page 45 of 49 c. Artworks removed from the Ashland Public Art Collection may be disposed of throuQh any appropriate means. includinQ the city's procedures for the disposition of surplus property. C. BorrowinQ of Artworks. . 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership. the eliQibilitv. review criteria. and procedure for borrowed works shall be the same as those established in this article for acquisition. - 3. The borrowinQ of artworks shall be pursuant to written aQreement between the city and the artist. 4. NothinQ herein prohibits the city from securinQ other works of art or art exhibitions for displav inside its facilities. 2.29.150 Maintenance of the Ashland Public Art Collection A. Except where expresslv provided in a contract or warranty for public art the city shall be responsible for all maintenance of all artworks in the Ashland Public Art Collection. B. Within the limitation of the city budQet the city shall provide necessary and appropriate maintenance of the Ashland Public Art Collection. includinQ, but not limited to, reQular custodial care and landscape maintenance. Maintenance shall be performed in accordance with any special instructions or procedures necessary for the preservation of the work. C. Anv evidence of damaQe. deterioration. vandalism or theft of artworks in the Ashland Public Art Collection shall be immediatelv reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damaQe to City property. 2.29.160 Parks commission The standards and procedures in this article are in addition to, not in deroQation of. the Ashland parks commission review responsibilities for projects proposed in city parks. NothinQ herein exempts public art projects from compliance with all applicable federal. state, and local laws includinQ. but not limited to. land development reQulations and buildinQ code compliance. Page 46 of 49 2.29.170 Development of Quidelines The Commission shall have the ability to establish further Quidelines concerninQ its operations; however. only the criteria and processes of this ordinance will be leQally bindinQ. 2.29.180 Creation, fundinQ and use of Ashland public art account A. Establishment. The Council hereby establishes a separate account entitled the Ashland public art account to be reflected in the city budQet. All funds donated. appropriated or Qenerated for the purpose of public art acquisition and education shall be deposited in this account and used solely for such purposes. in accordance with this article and other applicable law. Funds Qenerated pursuant to the Commercial Development Fee.in lieu established in Chapter 18. as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for Art dedication in this section shall all be deposited into the Ashland Public Art Account. B. Permitted Purposes of Public Art Account. The public art account shall be used solely for the acquisition. placement. maintenance. and removal of artworks for inclusion in the Ashland Public Art Collection and for art education purposes. such as community outreach presentations and workshops. in accordance with the provisions of this article and other applicable law. C. Requirement for Dedication of a Percent for Art. Any city official or employee who authorizes or appropriates expenditures on behalf of a participatinQ department for a city project shall. to the deQree that there are eliQible funds. include within the budQet for the project a monetary contribution for the public art account equal to one-half percent 10.5%) of the total cost of the project. 1. One-half percent 10.5%) of the total cost of a QualifyinQ city project shall be dedicated to the public art account. Such funds shall be deposited into the public art account by the city official or employee actinQ on behalf of the participatinQ department no earlier than the time that budQeted funds are encumbered for construction of the city project and no later than final inspection of the completed city proiect. 2. The participatinQ department shall consider the sitinQ of public art as part of the desiQn and enQineerinQ phase of any city project. If costs are incurred by the participatinQ department to comply with this article requirement prior to transfer of the one-half percent 1.5%) dedication for the city Page 47 of 49 project to the public art account. the participatinQ department may deduct such costs (not to exceed one-half percent) from the one-half percent (.5%) dedication at the time such funds are transferred. D. Restricted Funds. If fundinQ for a particular city proiect is subject to leQal restrictions that preclude public art as an object for expenditure. the portion of the city project that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Projects. As a Qeneral rule. where a city project will be constructed in phases. the one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of the city proiect at the time that funds for the phase are appropriated and encumbered. However, nothinQ in this section prevents the Council from decidinQ to hold or set aside all or part of the entire dedication from the funds of a particular phase. as the Council deems appropriate. In determininQ when to hold or set aside the funds for a phased project, the city will consider an overall public art plan for the project to ensure that art is not located on a piecemeal basis with phase construction. F. Monetary contributions for public art shall be deposited in separate accounts within the public art account if separate accountinQ is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations made other than . throuQh the percent for art prOQram shall be deposited in the public art account and may be dedicated to or earmarked for a specific education proQram or work of art. subject to acceptance by the Council. H. Disbursements from the public art account shall be made only after authorization of the City Administrator or the Administrative Services Director (Finance), and shall be made accordinQ to this article and other applicable city ordinances. includinQ but not limited to the public contractinQ code (AMC Chapter 2.50). I. The Council may adopt by resolution case specific waivers or Quidelines for administration of the percent for art prOQram. includinQ case-by-case waivers of the required dedication set forth herein based on the availability of public funds. as well as any other matters not specifically addressed herein and appropriate or necessary to the administration of the proQram. Page 48 of 49 SECTION 19. 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 20. 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 (i.e. Sections 1, 14-17, 19 and 20) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2009, and duly PASSED and ADOPTED this day of , 2009. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 49 of 49 Council Rules - Sections 9-11 Review by Subcommittee on Commissions Submitted by David Chapman - May 28, 2007 From Draft Council Rules to be reviewed by Committee on Commissions (Note: Section 9 and Section 11 reflect changes identified by Rules Committee November 28, 2006. Rules Committee requests Committee on Commissions to review Section 10) . Original document sent by Ann Seltzer on 5/1/2007: 5 I 07 Council Rules to be Reviewed Notes: I. References include Ann's draft, earlier drafts, and Council Rules and Procedures from the cities of Ashland, Springfield, Eugene, Corvallis, Gresham and Newburg. 2. We must make the cases of Mayor, Council, chair, presiding officer and City consistent throughout the document. 3. I have not overcome the assistance of MS Word and this needs to be formatted consistent with Ann's Draft 4. Check references to ORS and AMC. ******************************************************************** 9. COMMISSIONS, COMMITTEES and BOARDS The City has established several commissions, committees and boards as a means of providing detailed study. action and recommendations. Citizens who serve with these organizations become more involved in local government. more informed and serve as advisors to the City. They are a valuable resource to Ashland's leadership and should be treated with appreciation and respect. 9.1 Establishing commissions, committees or boards Commissions. committees and boards originate from different sources. Some are established by State statute. Charter provision, or ordinance. Others are established by direction of the Mayor or the Council. It is Council discretion as to whether or not any advisory body should be set forth in the Code by ordinance. AMC ??? contains code common to all commissions. A Commission Template will be used to generate an ordinance with information specific to the new commission to be adopted. 9.2 Council Ad-hoc Committees The Mayor shall have the authority to form ad-hoc committees to deal with specific tasks within specific time frames and make recommendations to the Council. The Mayor or City Administrator may refer matters to the appropriate committee. The Mayor with the consent of the Council shall establish the tasks and the membership criteria for the committees. . The reports of the ad-hoc committee shall only have the authority of recommendations to the Council. The Council has the authority to follow the recommendations. change the recommendations, refer the matter back to the committee or take any action it sees fit. 9.3 Membership Appointments All committees not required by State law to be appointed by the Council shall be appointed by the Mayor with the consent of the Council. except for the Audit Committee (Resolution 2003-07). The Mayor may request assistance or recommendations from Councilors in making appointments. In the Mayor's absence, any necessary appointment may be made by the presiding officer with the consent of the Council. Broad citizen participation will be encouraged by limiting the number of terms that a member may serve. A citizen may not serve on more than two commissions simultaneously and may not be Chair of both. The terms of all members shall be three years and end on April 30. 9.4 Membership on Ashland Budget Committee For the purpose of local budget law, the Mayor is a member of the governing body of the City of Ashland. (AMC 2.04.140) and is a voting member of the budget committee. 9.5 Student Membership on Commission and Committees The Mayor with the consent of the Council may add to the membership of any city commission, up to two positions for student liaisons, whether such commission or committee was established by ordinance or resolution. The student liaisons shall be non-voting ex officio members of their respective commissions or committees. Once the liaison positions have been added, the liaison from the high school shall be a high school student chosen by the Ashland High School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern Oregon University Student Senate. The requirement of sections 2.04.080 and 2.04.081 shall not apply to the students chosen under this section. 9.6 Membership Removal Process Upon consensus of the Council, a citizen may be removed prior to the expiration of the term of the appointment. Notice of removal to the affected member shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term as described in 9.3 9.7 Changing or Dissolving a Commission, Committee or Board After the commission, committee or board has been formally announced they cannot be changed except at a regular meeting of the Council and by a majority vote of the members present. (AMC 2.04.080. 2.04.081) 10 OPERATING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES and BOARDS As commissions. committees and boards have been formed and reformed throughout the years. adoption of uniform rules of procedure has become necessary to assure maximum productivity. The following policies govern the City's commissions, 2 committees and boards. Some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, by-laws or at times state law. 10.1 Public Meeting Law All meetings of commissions, committees and boards are subject to public meeting laws of the State of Oregon. 10.2 Robert's Rules of Order Roberts Rules of Order shall be authority for the government of the commissions c?mmittees and boards during its sessions, when not in conflict with the city charter and these code rules. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. 10.3 Deliberation It is the duty of the chair or presiding officer to ensure that each member has the opportunity to speak. Members speak only for themselves and shall be open, direct and candid. They work to keep discussion moving, and call upon the chair to keep the discussion moving if the discussion becomes bogged down. No member shall speak more than once until every member choosing to speak shall have spoken or waived their right to do so. No member shall speak more than twice on the same motion without leave of the presiding officer. 10.4 Agendas and Minutes The chair or staff liaison will be responsible for the agenda of all meetings of commissions, committees and boards. A member or staff liaison will be responsible for taking minutes. Agendas and minutes will be posted on the city's web site. Members are encouraged to access those documents from the web site. Unless requested by members. staff will not mail the documents. 10.5 Absences If a member will be absent from a meeting the member will notify the chair or the staffliaison at least two hours prior to the meeting. Each ordinance and resolution specific to the commission details the number of permitted absences before removal is considered. If there is a scheduling problem. a member should request to be replaced out of respect for the other members. With the exception of the Audit Committee, appointees can be removed by the Mayor. with consent of the council for any reason. Planning commissioners may be removed for cause after hearing by city council for misconduct or non-performance of duty. (ORS227.030 and AMC 2.12.035) 10.6 Quorum A quorum for conducting business is a majority of the total membership. A majority of the quorum is necessary to adopt any motion. Membership need not be physically present at a meeting if another meeting format including conference calls, virtual meetings via the Internet etc. has been previously agreed io by the group. 3 10.7 Code of Ethics The City of Ashland is committed to the highest ethical standards for its public officials. To ensure public confidence, all members of commissions, committees and boards must be independent, impartial, responsible and not use their position for personal gain. Members of should be aware the codes of ethical conduct set forth by , the state and the city in ORS244.040 and in AMC 3.08.020. 10.8 Lobbying Unless specifically directed by the city council to state the city's official position on federal, state or county legislative matters, no lobbying before other elected bodies or committees will be undertaken by members of boards commissions or committees. An individual is free to voice a position on an issue as long as it is made clear that ihe speaker is not speaking as a representative of the city or as a member ofa board, commission or committee. 10.9 Goals Commissions, committees and boards are encouraged to establish annual goals and action items that reflect the group's charge as stated in the specific commission ordinance or resolution. They are expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. 10.10 Role of Staff At least one staff person is assigned to work with each Commission, Committee or Board. The staff liaison provides professional guidance, continuity, and insight into City policy and attends all commission meetings. The staff liaison supports the group as a whole and cannot do work at the request of individual members. Each staff liaison has a limited amount of time to devote to the group. If additional staff time is needed the request should be made to the City Administrator or appropriate Department Head. 10.11 Final Decision Making With the exception of the quasi-judicial body commissions, committees and boards are advisory to the council. The city council is the final decision-maker on all city policies and the use of city resources. 10.12 Number of Meetings Unless otherwise provided by law, the number of meetings related to business needs of the commission, committee or boards may be set by the individual body. 10.13 Notice Advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a newspaper with general local circulation and posted on the city's website. In the case of emergency or when a state of emergency has been declared, notice 4 appropriate to the circumstances shall be provided and reasons justifying the lack of 3~-hour notice shall be included in the minutes of such meeting. 10.14 Representing the Commission, Committee or Board Members should only represent the opinion or position of the group if authorized by the full membership. 10.15 Budget Money is set aside in department budgets for ,commission expenses. Should a commission require additional funds, requests should be submitted to the department head through the staffliaison. . 10.16 Expenses Members must receive permission and instructions from the staff liaison in order to be reimbursed for training or conferences and associated travel expenses related to committee business. 10.17 Committees Committees may be formed for the purpose of gathering information and forming a recommendation and brought forward to the full committee. However, only the full membership can vote on and accept the recommendation. Committees must meet the requirements of the Oregon Public Meetings law. II COUNCIL LIAISONS Councilors serve as liaisons to commissions, committees, boards, community organizations and other agencies and are expected to represent the full Council in providing guidance to the group. In all other instances council members may' attend meetings as individuals and will identify their comments as personal views or opinions not a representation of city council policy. 11.1 Role and Responsibilities of Council Liaisons The primary role of a Council committee liaison is to facilitate communication between the relevant organization and the Council. 11.2 Attendance Liaisons shall attend meetings of the committees for which they have assigned. If this becomes a problem, they should find an alternate or ask the Mayor to be reassigned. 11.3 Deliberations Complete debate is essential to committee effectiveness. Thus, Council liaisons may wish to limit his or her participation in a committee's deliberations and debate. Under no circumstances is a liaison to attempt to direct debate, lobby, or otherwise influence the direction or decisions of any committee to which he or she has been assigned. Any attempt to do so may result in removal from the liaison position. Note that the prohibition on lobbying and directing debate may not apply when the liaison is 5 representing the city on a regional committee that includes elected officials from other jurisdictions. 11.4 Respect Be respectful of diverse opinion. A primary role of committees is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Be respectful of the Chair and the agenda. Councilors attending meetings as liaisons or individuals should accord the same respect toward the Chair and other members as they do towards the Mayor, presiding officer or each other. 11.5 Council Information Liaisons will inform the committees to which they have been appointed liaison of all meeting agenda items and of Council decisions that may be of interest to the committee. Liaisons shall also encourage committee members to attend Council meetings to keep abreast of Council action, policy matters and the activities of the city organization. 11.6 Vacancies The Council liaison for each commission, together with the commission chair and assigned staff liaison will interview citizens to fill vacancies on their committees and will make recommendations to the Mayor for appointment. 11.7 Reporting to the Council Council liaisons shall periodically report to the entire Council on significant and important activities of each committee to which they.have been assigned. In addition, each commission should be scheduled to give a short annual presentation to the Council. Liaisons may seek assistance from the relevant staff liaison to accomplish this reporting responsibility. 11.8 Liaison Appointment Process The Mayor will appoint a Councilor to act as a Council liaison to all commissions, committees, boards, community organizations and other agencies for which participation of an elected official from the City of Ashland is determined to be necessary or beneficial to the City. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. Liaison appointments are generally made on an annual basis in January and the Mayor shall make every ~ffort to rotate liaison assignments. I 1.9 Removal from a Liaison Assignment The Mayor or a Councilor may be removed for any reason from a specific liaison position or assignment upon consensus of the entire Council. 6