HomeMy WebLinkAbout2010-0119 Council Mtg PACKET
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 19, 2010
Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of January 4, 2010
2. Regular Council of January 5, 2010
3. Executive Session of January 6, 2010
VI. SPECIAL PRESENTATIONS & AWARDS
None.
VII. CONSENT AGENDA [5 minutes]
1. Does the Council wish to approve a Liquor License Application from Mark Hedford
dba Martolli's Hand Tossed pjzza at 38 E Main Street?
2. Does the Council wish to approve a Liquor License Applicatjon from Josh Hamik dba
Boulevard Coffee at 555 Siskiyou Boulevard?
3. Will the Council approve the 2010 Council Liaison appointments to City boards and
commissions, to be effectjve immediately?
4. Will Council approve, by order, authorization for the Mayor to sign a non-standard
ground lease agreement with Brim Aviation for the installation and use of a 24-foot
training tower at the Ashland Municipal Airport and associated Specialized Aviation
Service Operator (SASO) agreement?
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 ~2.04.050}) .
1. Will Council approve and authorize the Mayor to sign a qujtclaim deed relinquishing a
sanitary sewer easement, located on Lot 33 of the Mountajn Creek Estates
Subdivision? [15 Minutes]
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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 tjme limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum)
X. UNFINISHED BUSINESS
None
XI. NEW AND MISCELLANEOUS BUSINESS
1. Should the Council approve an Ashland Forest Resiliency Master Stewardship
Agreement between the United States Department of Agrjculture Forest Service, the
City of Ashland, the Nature Conservancy, and Lomakatsi Restoration Project? [15
Minutes]
2. What changes should be considered for the FY 2010-2011 Budget and process to
allocate Transient Occupancy Tax (TOT) proceeds internally or externally through the
Economic and Cultural granting process? [30 Minutes]
3. Does the Council wish to schedule the first reading of a proposed ordinance to AMC
Chapter 10, which establishes charges and rates for cost recovery for certain
emergency responses of Ashland Fire and Rescue? [30 Minutes]
4. Will Council approve Transportation System Plan (TSP) project cost increase of
$66,000 or a total of $416,000 to complete the TSP? [20 Mjnutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. 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"? [10
Minutes]
2. Should the Council approve First Reading of an Ordinance providing for uniform
policies and operatjng procedures for advisory commissions, committees and
boards? [10 Minutes]
3. Should the Council approve First Reading of an Ordinance amending Chapter 1.08 to
add provisions concerning the classification of offenses, and move the ordinance on
to Second Reading? [10 Minutes]
4. Should the Council approve First Reading of an Ordinance amending Chapter 9 to
add provisions concerning the classification of offenses, and move the ordinance on
to Second Reading? [10 Minutes]
5. Should the Council approve First Reading of an Ordinance amending Chapter 10 to
add provisions concerning the classification of offenses, and move the ordinance on
to Second Reading? [10 Minutes]
6. Should the Council approve First Reading of an Ordinance amending Chapter 11 to
add provisions concerning the classification of offenses, and move the ordinance on
to Second Readjng? [10 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Housing Cornmission
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting wiff enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35. 102-35.104 ADA Tit/e I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
vlsrr THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.lJS
CITYCOUNCUSTUDYSES~ON
Jallumy 4. 2010
Page /of2
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, January 4, 2010
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:30 p.m.
Councilor Navickas, Chapman, Silbiger, Voisin, Jackson and Lemhouse were present.
I. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. What changes should be considered for the Financial Policies used by the City?
Financial Director Lee Tuneberg provided the staff report and a presentation on City Financial
Management policies and covered the following:
. Goals
. Financial Management Policies and Accounting Methods
. Things that changed over time but were not updated: General Fund Restrictions (Parking,
Forfeiture and Housing reserves), AFN Ending Fund Balance, AFN & Insurance Contingencies,
Location of programs (Facilities, Airport ClP, AFN debt, Claims management) and an added
Reserve Fund
Mr. Tuneberg explained not every fund required an Ending Fund Balance and provided examples. The
percent of contingencies used yearly depended on the fund and requirement. He described what constituted
a supplemental budget and how transfers from contingencies created a categorized appropriation that was
previously uncategorized.
. Potential Discussion Groups
Council and Staff discussed the Capital Improvement Plan (CIP) process, the Budget Committee's role
with CIP and having staff prioritize the CIP list for Council's initial review. Staff eXplained it would be
two years before a comprehensive prioritized list would be available. The current CIP list showed a one-
year project plan and a 6-year wish list. Developing the Master Plan would introduce phasing, lifecycles,
maintaining the system in the most cost effective way and help determine priorities.
. Scope
. Financial Policy objectives
. Investments
. TOT Resolution, Projections & Granting Process for 2011
Staff and Council addressed the Budget Committee's role in relation to the grant process and the need for
Council to provide better direction to the Budget Committee regarding grants.
. Operating Budgetary Policy #1 of 6: The Budget Committee will be appointed in conformance
with state statutes. The budget committee's chief purpose is to review the City Administrator's
proposed budget and approve a budget and maximum tax levy for City Council consideration. The
Budget Committee may consider and develop recommendations on other financial issues as
delegated by the City Council.
Council agreed with the recommendation to revise the policy, clearly define roles, responsibilities and
develop specific criteria that determines whether a budget is responsible.
CITY COUNCIL STUDY SESSION
January 4. 20/0
Page 2 of2
. Operating Budgetary Policy #2 or' 6: The City will finance all current expenditures with current
revenues. The City will'avoid budgetary practices that balance current expenditures through the
obligation offuture resources.
Staff clarified guidelines regarding borrowing and proposed a revision to include "current operating
expenditures."
. Operating Budgetary Policy #3 of 6: Policies addressing Fiscal Responsibility.
. Operating Budgetary Policy #4 of 6: Multi-year projections in the annual budget and managing
each fund as an independent entity in accordance with applicable statutes and with generally
accepted accounting principles.
. Operating Budgetary Policy #5 of 6: The City will allocate direct and administrative costs to
each fund based upon the cost of providing these services. The City will recalculate the cost of
administrative services each year to identify the impact of inflation and cost increases. Annual
recalculation of these internal service charges may not be possible but should be reviewed annually
and recalculated at least every three years.
. Operating Budgetary Policy #6 of 6: The City documentation annually to obtain the Award for
Distinguished Budget Presentation from the Government I;inaIlce Officers Association.
. Ending Fnnd Balance (EFB) Policies
. Chart ofEFB Longer-Term History (excludes APRC) Chart
Staff explained there are several budget documents used to recreate budget history. The EFB Longer-Term
History Chart indicated financial activities that had occ~rred and were mostly capital improvements.
Mr. Tuneberg distributed additional presentations on the General Fund EFB and the Water Fund
Contingency. He explained contingencies are related to activities and programs that need to be expenditure
related. Traditionally departments used 95-97% of their budgets and the remainder acted as a contingency
for unexpected events. With current budget cuts and decreases, departments are now using 98-99% of their
budgets reducing the cushion used for soft contingencies. Increasing contingencies would cover
unexpected events and avoid Oregon Budget violations.
Council agreed to consider updating the policies discussed at this Study Session prior to the start of the
budget process and directed staff to add the AFN Ending Fund Balance as a topic for a future agenda.
Meeting adjourned at 7: II p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
Jallllwy 5. 20/0
Page / af8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 5, 2010
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.
STATE OF THE CITY ADDRESS BY MAYOR STROMBERG
Mayor Stromberg presented the State of the City address where he reported on how the City was doing and where the
community is going. He commented on the following:
. Changes in the external environment
. High level of unemployment
. Record year in attendance and revenue for Oregon Shakespeare Festival
. Increased enrollment at Southern Oregon University
. Healthy Community Hospital
The general energy level and traffic through the city appears robust. He believed that Ashland was surviving because
it was a genuine archetypal community for where the world needs to go in order to survive.
He felt that the community should take full advantage of the old economy and stability while developing and
strengthening a new community and culture in harmony with the world in which Ashland lives. After working for a
year at the City, Mayor Stromberg felt City employees were skilled with good management and experienced
themselves as members of the community dedicated and responsible for performing their duties. He noted budget
cuts the City incurred, the City Council's goal to stabilize City finances was progressing and how the combined skill
and experience of employees helped avoid a potentially catastrophic fire in the watershed late 2009 and the efforts
made during water curtailment.
Mayor Stromberg addressed the following four City Council goals for 2009-20 II: I) Collaborated effort of Council
and community to produce an Economic Development Strategy, 2) Transportation Plan, 3) Comprehensive Water
Study and 4) Ashland Forest Resiliency project. He spoke of the difficulties on each these goals and the reasons why.
Mayor Stromberg concluded with the importance of volunteer ism and people taking ownership of their community.
He shared how he felt that Ashland as a community has the ability to develop for the future and reiterated his
invitation from 2009 to do something extraordinary.
CHAIR OF COUNCIL ELECTION
Councilor Voisin nominated Eric Navickas; Councilor Jackson nominated David Chapman. Councilor Voisin and
Navickas indicated support for Eric Navickas; Councilor Jackson, Lemhouse, Silbiger and Chapman indicated
support for Councilor Chapman.
Council consensus to appoint Councilor David Chapman as chair for 2010.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg shared highlights from an article in the Oregonian regarding a soldier from the Infantry Battalion of
the 41 'I Brigade Combat Team of the Oregon National Guard (11186) who came home on leave to discover the people
in his community had fully restored an old truck he owned out of appreciation for his duty. Mayor stressed the
importance of remembering the people serving the country. He went on to announce vacancies on the Tree
Commission, Conservation Commission, Housing Commission and Planning Commission.
ASHLAND CITY COUNCIL MEETING
January 5. 20/0
Page 2 of8
Councilor Voisin announced a pro and con forum on Measures 66 and 67 sponsored by the League of Women Voters
Saturday January 9, 2010, I :00pm-3:00pm at Southern Oregon University in the Rogue River Room.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Executive Session of December 14, 2009 and Regular Council of December IS, 2009 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Proclamation of Christmas Tree Recycle Day in Ashland was read aloud.
CONSENT AGENDA
I. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Gretchen Boylan dba Gretchen's
Organic Pasta, Inc. at 1606 Ashland Street?
3. Does the Council wish to approve a Liquor License Application from Julie O'Dwyer dba T's at 303 East
Main Street?
4. Will the Council, acting as the Local Contract Review Board, approve a Public Contract for a copier
rental, including full maintenance, with Ricoh under the State of Oregon Price Agreement #8618 for a
term of 48-months?
5. Does the Council wish to confirm the Mayor's appointment of Gary Pool to the Forest Lands Commission
with a term to expire April 30, 201 O?
6. Does the Council wish to enter into an intergovernmental agreement with the City of Medford to obtain
interim Building Official services?
7. Does the Council approve of the Mayor's appointments to the Citizen Committee on Public Safety General
Obligation Bond Levy?
8. Will the Council, acting as the Local Contract Review Board, approve a Special Procurement to award a
contract to Professional Underground Services, Inc. to underground power facilities at exit 14 as an
Intermediate Procurement?
9. Will the Council, acting as the Local Contract Review Bard, approve the additional amount estimated
between $15,000 and $25,000 for engineering services required to remedy the conflicts between the power
facilities and I5/Exit 14 bridge expansion project?
Councilor Lemhouse and Voisin requested that Consent Agenda Item #7 be pulled for discussion.
Councilor JacksonlNavickas m/s to approve Consent Agenda items #1 through #6 and #8 and #9. Voice Vote:
all A YES. Motion passed.
Councilor Lemhouse congratulated the Mayor on the appointments to the Citizen Committee on Public Safety
General Obligation Bond Levy. Councilor Voisin suggested the Committee provide a rationale for the proposal that
comes to the council for a decision.
Councilor V oisinlLemhouse mls to approve Consent Agenda Item #7. Voice Vote: Councilor Voisin, Navickas,
Jackson and Lemhouse, YES; Councilor Silbiger and Chapman, NO. Motion passed 4-2.
PUBLIC HEARINGS
I. Should the Council approve a request to annex a 1.02 acre parcel located at 615 Washington Street and
change its Zoning Map designation from Jackson County RR-S (Rural Residential) to City of Ashland E-l
(Employment)?
Mayor Stromberg called the Public Hearing to order at 7:53 p.m. for Planning Action No. 2009-00784 Annexation
and Zoning Map change from Jackson County Rural Residential-5 to City of Ashland E-I (Employment) and
withdrawal from Jackson County Rural Fire Protection District 5 for approximately 1.02-acre parcel located at 615
Washington Street. (Ron Rezek and Modem Fan)
ASHLAND CITY COUNCIL MEETING
lallI/my 5. 2010
Page 3 of8
ABSENTIONS, CONFLICTS, EX PARTE CONTACTS
Councilor Navickas noted his attendance at the Land Use Hearing during the Planning Commission meeting and
declared that it would not influence his decisions during the Public Hearing. Councilor Chapman and Voisin noted
site visits on separate occasions.
CHALLENGES - None
STAFF REPORT
Community Development Director Bill Molnar shared infonmation on the three areas within Ashland's Urban Growth
Boundary (UGB) and explained that staff anticipated the majority of employment b'fowth to occur over the next 20-50
years. He described prior annexations and the current proposed annexation. Associate Planner Derek Severson
provided a presentation that included:
. Annexation and Zoning Map Change (Site Review & Tree Removal)
. Aerial Photo
. Vicinity Map
. Proposal
. Initial Site Plan
. Proposed Elevations
. ExistingMFl Building
. Landscape Plan
. Parking
. Revised Site Plan
. Street Improvements
. Adjacent Wetland
Staff clarified that a portion of the right-of-way may go through the wetland area west of Washington Street and that
current access to Washington Street was through Ashland Street.
Staff further eXplained that the applicants were asked to provide a revised landscaping plan that addressed the
drainage issue and an arborist report regarding the trees located within the drainage corridor. The applicant would
pay for the street improvements prior to the City issuing a building permit for the next phase under Condition 5-B.
Another condition required the applicant to sign a Local Improvement District (LID) for a future signal light
installation at the intersection of Ashland Street and Washington Street. Street improvements were normally a
requirement of an annexation and in this circumstance there was potential to design a green street.
APPLICANT'S PRESENT A TION
Ron Rezek/709 Washington Street/Explained he was the founder and majority owner of The Modem Fan Company
and provided history and information on the twelve years the business has operated. The Modem Fan Company is an
internationally based, design, assembly and distribution company with eleven employees. Because of the long lead-
time for fans, the company needs additional warehouse space to store their product. The customer base includes
individual purchases, hotels'and corporations.
Mr. Rezek explained the reason the company was based in Ashland stemmed from his family having a one hundred
year heritage jn the Rogue Valley and his decision to raise his children in the area.
OPPONENTS AND THEIR REPRESENTATIVES - None
THOSE WISHING TO PROVIDE TESTIMONY - None
REBUTTAL BY APPLICANT - None
PUBLIC HEARING CLOSED: 8:20 p.m.
ASHLAND CITY COUNCIL MEETING
Januwy 5,20/0
Page 4 0[8
REOUESTS TO SUBMIT FINAL WRITTEN ARGUMENT - None - Record was officially closed.
ADVICE FROM LEGAL COUNSEL AND STAFF
Mr. Severson summarized the request to approve the annexation of a 1.02-acre parcel at 615 Washington Street
annexation, zone change and a withdrawal from Fire District 5. This would annex the parcel at E-l from the existing
Jackson County RR-5.
City Attorney Richard Appicello explained this was a tentative oral decision for Council, findings and an ordinance
would be brought back at a later City Council meeting.
COUNCIL DELIBERATION AND DECISION
Councilor Navickas/Chapman mls to' approve request for Annexation and withdrawal from Jackson County
Rural Fire Protection District 5 of an approximately 1.02 parcel located at 615 Washington Street.
DISCUSSION: Councilor Navickas thought the application met the criteria of an annexation for Land Use but the
decision was more subjective due to the "may annex" clause in the ordinance. The company was the type of business
the City needed to promote in the community. Council Lemhouse agreed having a business like The Modem Fan
Company benefited Ashland. Councilor Jackson was supportive and interested in looking at the long-term circulation
for that area in the Transportation System Plan. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson,
Silbiger and Chapman, YES. Motion passed.
PUBLIC FORUM
Colin Swales/143 8th Street/Spoke on secrecy in government. He requested documents the City Attorney had
produced on the nudity ban for an Executive Session is made public and invited the Council to make a motion in
favor ofthat request later in the meeting. He went on to suggest that the City post or make public specific information
regarding Executive Sessions similar to the School Board.
UNFINISHED BUSINESS
1. Should the Council approve Second Reading of an ordinance titled, "An Ordinance Amending Ashland
Municipal Code 10.44.012 and 10.44.020, Relating to Public Nudity and Penalties?
Council and staff discussed whether or not the Council was in deliberation with the issue and if they should allow
public testimony.
Councilor VoisinlNavickas mls to suspend the rules and allow citizens to speak on this ordinance.
DISCUSSION: Councilor Jackson noted this was the fifth meeting on the subject, which council was in deliberation,
and was hesitant to allow further public input. Councilor Navickas stated this was an issue of public concern and they
had the responsibility to listen to public input. Councilor Lemhouse felt that council should continue deliberation in
order to move forward. Councilor Voisin stated the ordinance had changed significantly and wanted to hear public
input regarding the changes. Councilor Jackson commented she would support the motion if the speakers followed
the Mayor's request not to repeat information shared at prior meetings. Councilor Chapman wanted to hear input on
what the public thought of the currenttext. Roll Call Vote: Councilor Navickas, Jackson, Voisin, YES; Councilor
Silbiger, Chapman and Lemhouse NO; Mayor Stromberg, YES. Motion passed 4-3.
City Attorney Richard Appicello read the short text for 10.44.012 and 10.44.020 Penalties aloud.
Will Storm/3607 Hwy 66/Explained he was a Fine Arts artist represented by Ignition Gallery and shared previous
employment and magazine cover accomplishments. Earlier that day he had been painting two nude female pieces of
art and commented there is nothing as stunning or beautiful as a human being.
Emily Hobbs/Sophia Larive/5310 Hwy 66/Stated she was 10 years old and had witnessed naked men and women
near her school. She shared reactions from the younger kids who had come to her regarding the incidents. It made
them all feel uncomfortable. She felt a 200-foot ban from schools was too visible and wanted the distance increased.
She thought it was fine to be nude in designated areas but not near schools and wanted to ban nudity around schools.
ASHLAND CITY COUNCIL MEETING
January 5. 20/0
Page 5 of8
Ms. Larive added classmates in her class thought it is wrong for individuals to be naked around their school campus.
Jack Hobbs/53I 0 Hwy 66/Spoke on behalf of several middle school students who were comfortable with nudity just
not in public places around people and children who did not want to be exposed to nudity. He thought there should
be a ban around schools; public places like the YMCA and shopping centers, other areas were fine.
Karen Hobbs/53IO Hwy 66/Explained children need clearly defined boundaries to feel safe. As a teacher, she has a
mandated duty to report child abuse. She questioned what the difference was between a nudist exercising his or her
rights being nude within a school zone and a person displaying themselves for gratification in the eyes of a child. She
encouraged Council to adopt a common sense approach with a school district wide ban. Putting children's safety first
would never be regretted later.
Juli Vi Chiro/635 Weller LaneJIntroduced herself as the Superintendent of Ashland Schools and reiterated her
support' of a citywide nudity ban. She explained this was a student safety issue and did not want schoolchildren to
discriminate between naked people who were harmless versus those who intend harm. She encouraged Council to
support a citywide ban instead of a 200-foot school zone area because that did not provide a safe walking home
environment for children. Additionally the Police Department needed an ordinance that was easy to enforce. The
community has a responsibility to protect children and Ms. DiChiro looked forward to a partnership with the City
Council in putting forth an ordinance that helped children feel safe.
Philip Lang/758 B Street/Explained he had been a licensed clinical social worker in California and Oregon for 42
years and had run Crisis Intervention and Dunn House. He clarified previous public testimony that stated Post
Traumatic Stress Disorder (PTSD) was created in children by sexual abuse and those children are re-traumatized
when they see naked people. There was no evidence proving that. PTSD requires fully formed defenses that a young
child does not have. Children also do not have the capacity for repression. PTSD presumes a long period of
repression. The instance ofPTSD among children subjected to sexual abuse is negligible and re-traumatization by
seeing naked people non-existent. Traumatizing sexual abuse occurs in homes, perpetrated by people the child
knows. There were plenty oflaws dealing with people exposing themselves in public. The notion that nudity has to
be banned intentionally or unintentionally connects it improperly with implied sexual pathology or criminology. The
proposed ordinance was misguided, unnecessary and bad public policy.
Ralph Temple/ISO Myer Creek RoadlNoted a letter from David Fidanque the Executive Director of the Oregon
American Civil Liberties Union (ACLU) that pointed out two pieces of bad advice the Council received from the City
Attorney and three constitutional defects in the pending proposed ordinance. Mr. Temple informed the Council ifthe
proposed ordinance passes, the ACLU would most likely support a legal challenge against it. He implored the
Council not to pass an unconstitutional ordinance and spend taxpayers' money on litigation. It was unlikely the
ACLU would challenge a 200-foot ban around school zones and suggested that instead. He concluded by agreeing
with earlier testimony on taking secret advice from the City Attorney. That information should be out in the open
where it can be analyzed and criticized by organizations like the ACLU and others.
Tim Larive/44I Taylor StreetJExplained he was a lifelong progressive and was open to most. He wanted his
daughter to learn about the adult naked human body when she was an adult and not have it foisted on her by a
complete stranger. It was unfair for his daughter and for Council to allow something like that to happen. He
acknowledged the ACLU threat of a lawsuit, listed places in California and Oregon with full nudity bans, and found it
unusual that Ashland has to be more progressive than other towns. He asked Council to stand up against the threats
oflawsuits and do the right thing with their vote.
COli,n Swales/143 8'hINoted three of the Councilors stated publicly and privately they wanted to repeal the existing
ban on nudity. In 2004 when the first ban passed, the Council was trying to weave a compromise that would make
everyone happy. It resulted in demonstrations of naked people against the ban. Mr. Swales read parts of an article in
the Daily Tidings at that time and related it to the current situation. He challenged the Council to repeal the existing
ban.
ASHLAND CITY COUNCIL MEETING
Janum)' 5.20/0
Page 60f8
Councilor Navickas expressed concern the ordinance had so many changes that it was not appropriate for second
reading and wanted to propose something different.
Councilor NavickasNoisin m/s to postpone second reading indefinitely and requestthat staff come back with
language that is specific to 200-feet around schools. DISCUSSION: Councilor Navickas explained creating harm
in the ordinance extended jurisdiction to include private property. Establishing a 200-foot ban around schools would
be clear, concise, balance freedom of expression and make it easier for the police to enforce. Defining nudity to
include breasts and buttocks would prevent people wearing only g-strings around school zones that could be equally
. upsetting for parents. It would address the concerns of the community, maintain protection and expand it to school
areas. Councilor Jackson did not support the motion. The proposed ordinance used language major cities in Oregon
used that have been in place for decades and challenged in court without success. The "Whereas" statement on the
proposed ordinance responded to existing law and had not been sued or taken to court any1ime recently nor had
Ashland's current downtown ban. Council worked on compromises to the ordinance that included reducing the
penalty to a violation and excluding private property and would not regulate expressive behavior.
Councilor Lemhouse did not think the Council should allow any 6'fOUP to dictate policy through threats and
intimidation. The Council sets the policy of the City and community values drive those decisions. The Council
needed to more forward so the community could do the same.
Councilor Chapman would not support the amendment explaining the similar proposed ordinance prior was defeated
by a tie-breaking vote and there did not appear to be a shift since that vote.
Councilor Voisin noted the ACLU has an important history in the country that she deeply respected. She did not view
the statement by ACLU as a threat but information based on their judgment and what information they have. She
supported a parent's right to shield children from unwanted nudity but could not find evidence that public nudity
triggered trauma for sexually abused children and wanted evidence. She would support the motion because it spoke
to what parents were requesting.
Councilor Silbiger was not comfortable with some of the "Whereas" statements noting other cities did not include
them in their ordinances. It was clear after months of meetings, testimonies, research and realizing the initial school
zone compromise would not work, the most reasonable solution was to follow Eugene and Portland and prohibit
intentional exposure of genitalia.
Councilor Navickas appealed to Councilor Chapman to support the alternative as it specifically addressed areas
around schools and did not attack civil liberties. Councilor Chapman responded he did not support either of the
proposed ordinances.
Mayor Stromberg did not think any of the options were perfect. He felt that a parent had the right to decide when and
how their children are exposed to naked people. The best solution would be a 250-300 foot ban from schools and
major routes to schools and provide police with a specific map they could show someone in violation and give them a
warning. Councilor Navickas proposed the alternative come back for a first reading, with draft language similar to the
Mayor's suggestion to include routes to schools.
Councilor Jackson commented on correspondence received from the nudist communities that conveyed thejr belief in
nude recreation and the ability to be nude in appropriate places but did not support public nudity. Those letters were
one of the reasons she was comfortable removing the private property piece.
Roll Call Vote: Conncilor Voisin and Navickas, YES; Silbiger, Chapman, Lemhonse and Jackson, NO.
Motion failed 2-4.
Councilor Jackson/Lemhouse m/s to remove the following language from the second to the last "Whereas"
statement on page 2 of the ordinance: ".. .and individuals desiring to engage in protected expression involving
nudity are en con raged to coordinate with responsible public officials so as to avoid harm to participants and
ASHLAND CITY COUNCIL MEETING
January 5.20/0
Page 70f8
citizens alike..." DISCUSSI.oN: Councilor Jackson explained the ordinance regulated conduct, not expression and
the statement muddied the intention. Councilor Navickas disagreed with the entire "Whereas" statement saying it
created a contradiction and blurred the intention.
Councilor NavickasNoisin m/s to amend the motion to remove the entire "Whereas" clause second to the last
"Whereas" statement on page 2. Roll Call Vote: Councilor Voisin, Chapman, Navickas, YES; Couneilor
Silbiger, Lemhouse and Jackson, N.o; Mayor Stromberg, YES. Motion passed 4-3.
Police Chief Holderness explained that legally in the state of Oregon, exposing genitalia is considered conduct not
expression and the Oregon Supreme Court had agreed it was conduct. City Attorney Richard Appicello further
explained the ordinance was a prohibition on conduct.
Couneilor Jackson/Lemhouse m/s to approve .ordinanee #3001 as amended.
Mr. Appicello read the ordinance aloud.
Couneilor NavickasNoisin m/s amend the motion to remove the three "Whereas" clauses associated with the
US Constitution, the third, fourth and fifth statements and remove as well the "Whereas" statement referring
to the Federal or State Constitution under 10.44.012. DISCUSSI.oN: Councilor Navickas asked Councilor
Chapman for support, reiterating the ban would be a significant change to the community on what is allowed in the
name of protest and expression and shared examples. Councilor Chapman agreed on not having verbiage in the code
stating it was not violating the State Constitution. Mr. Appicello clarified the language indicated it would be applied
in a case-by-case basis in a manner that did not violate the Oregon Constitution. Roll Call Vote: Councilor Voisin,
Chapman and Navickas, YES; Councilor Silbiger, Lemhouse and Jackson, N.o; Mayor Stromberg, YES.
Motion passed 4-3.
Councilor NavickasNoisin m/s to amend motion to remove the "Whereas" clause that states: "Whereas,
victims of sexual abuse, especially children, are particularly sensitive to conduct of a sexual nature, including
unexpected public nudity, and such conduct is only exacerbated ifit occurs in or around areas considered 'safe
areas,' like schools..." DISCUSSION: Councilor Navickas thought the statement contrived harm, there was no
evidence and to codify it was inappropriate. Councilor Lemhouse was concerned with removing the "Whereas"
statements as these were used as a basis for the decision and provided clear intent so the City did not have to argue it
in court and should be retained for any undo expense that may be brought on the City. Councilor Chapman thought
the ordinance was more about nuisance instead of harm. Roll Call Vote: Councilor Silbiger, Voisin, Chapman
and Navickas, YES; Councilor Jackson and Lemhouse, N.o. Motion passed 4-2.
Councilor NavickasNoisin m/s to amend under 10.44.012 Public Nudity to include after "...while in an
exterior public place..." the following language: "...excluding designated areas where nudity is allowed by
resolution..." DISCUSSION: Councilor Navickas requested an exception to allow areas of nudity in the future.
Mr. Appicello cautioned designating an exterior public place for public nudity could create a nuisance. Councilor
Jackson thought the amendment complicated the ordinance and was not in favor of it. Councilor Lemhouse
commented the amendment was another effort to make it difficult to support in court and that Council needed to move
forward with the proposed ordinance.
Roll Call Vote: Councilor Voisin, and Navickas, YES; Councilor Silbiger, Chapman, Lemhouseand Jackson,
N.o. Motion failed 2-4.
Mr. Appicello read the sections deleted from the ordinance aloud.
Roll Call Vote on amended .original Motion: Councilor Silbiger, Chapman, Lemhouse and Jackson, YES;
Councilor Voisin and Navickas, N.o. Motion passed 4-2.
ORDINANCES, RESOLUTIONS AND C.oNTRACTS
1. 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"?
ASHLAND CITY COUNCIL MEETING
Januwy 5. 20/0
Page 8 0/8
Councilor VoisinlLemhouse mls to continue reading of ordinances. Voice Vote: all A YES. Motion passed.
2. Should the Council approve First Reading of an Ordinance providing for uniform policies and operating
procedures for advisory commissions, committees and boards?
Item postponed (see motion above)
NEW AND MISCELLANEOUS BUSINESS
1. Will the Council amend the Downtown Sidewalk Usage Map adding an additional site for one newspaper
rack location in front of Louie's Bar & Grill?
Public Works Director Mike Faught gave the staff report and introduced Melissa Jensen, the owner of Louie's Bar
and Grill. He explained there were no variances or exceptions under the criteria allowed in the ordinance, reviewed
the criteri~ and applied it to the request for exception by Curtis Hayden, the Editor and Publisher for the Sneak
Preview. If Council decided to approve the exception, staff recommended an amendment to the Downtown Usage
Map.
Councilor Lemhouse noted a potential conflict of interest but felt he could make an unbiased decision.
Melissa Jensen/41 North Main StreetlExplained she was the owner of Louie's Bar and Grill, supported relocating
the publication racks and was distressed to hear it was being reconsidered. She preferred to have all the publications
racks removed from her property front.
Colin Swales/143 sth Street/Expressed his concem with the width of the sidewalks in the downtown area conceming
the newspaperracks. He thought publication racks should go on private property adjacent to the public right of way.
City Attomey Richard Appicello clarified if Council amended the Downtown Usage Map and created space for
publication box in front of Louie's, that space would be assigned by lot and there was no guarantee the requester
would be allowed to use the box. Mr. Faught confirmed an initial lottery determined space in the publication racks
followed with a rotation process and that all the participants had agreed on the seven locations. Publication boxes not
in compliance would either be removed or moved to private property. Councilor Chapman added several businesses
were asked if they wanted publication racks on their private property and a number moved inside of Bloomsbury
Books.
Councilor ChapmanNoisin mls to deny Mr. Hayden's request to amend the Downtown Usage Map.
DISCUSSION: Councilor Chapman thought the rules were clear and customers would adapt. Councilor Silbiger was
in favor of the motion. Councilor Navickas thought it restricted freedom of the press and limited expression and was
not in favor of removing any of the newspaper boxes. Councilor Lemhouse would support the motion based on staff
recommendation. Roll Call Vote: Councilor Silbiger, Voisin, Chapman, Jackson and Lemhouse, YES;
Councilor Navickas, NO. Motion passed 5-1.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Housing Commission
ADJOURNMENT
Meeting was adjourned at 10:24 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
January 19, 2010 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb(ilJ.ashland.or. us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from Mark Hedford dba Martolli's
Hand Tossed Pizza at 38 E Main Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for a change in ownership.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page I of I
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
January 19,2010 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Be Estimated Time:
Barbara Christensen
christeb{cil,ashland.or. us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from Josh Hamik dba Boulevard
Coffee at 555 Siskiyou Boulevard?
Staff Recommendation:
Endorse the application with the following: '
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for a new license.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page I of I
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment of Council Liaisons for 2010
January 5, 2010 Primary Staff Contact: John Stromberg, Mayor
Administration E-Mail: john@council.ashland.oLus
none Secondary Contact: Martha Bennett
Martha Benne Estimated Time: Consent
Question:
Will the Council approve the 2010 Council liaison appointments to City boards and commissions, to be
effective immediately?
Staff Recommendation:
Approval ofliaisons as listed.
Background:
Each year the Council liaisons to the City boards and commissions are selected by the Mayor, and
approved by the Council. The appointments will be effective immediately.
Related City Policies:
N/A
Council Options:
Approve appointments as listed or agree upon changes.
Potential Motions:
N/A
Attachments:
List of2010 Council Liaison Appointments
Page I of I
~~,
2010
Council Liaison Appointments
City of Ashland
Airport Audit Committee
Russ Silbiger Russ Silbiger
Band Board Conservation
Kate Jackson Carol Voisin
Forest Lands Historic
Greg Lemhouse (Russ Silbiger as Alt.) Russ Silbiger
Housing Parks & Recreation
Eric Navickas Kate Jackson
Planning Public Art
Eric Navickas Greg Lemhouse
Transportation Tree
David Chapman Kate Jackson
Rel!ional
Ashland Emergency Food Bank Brown Bag wi Commission Chairs
Greg Lemhouse ~ John Stromberg
Chamber of Commerce Economic Development Committee
Carol Voisin Russ Silbiger (Policy ad hoc)
Kate Jackson (Focus Groups)
Public Safety Coordinating Council RVACT
John Stromberg John Strombem
RVCOG RVMPO
Russ Silbiger David Chapman (Carol Voisin as Alt.)
Regional Problem Solving (RPS) Senior Center Board
Kate Jackson (Carol Voisin as Alt.) David Chapman
SOREDI Water Master Plan Group
Greg Lemhouse TBD
Woodlands and Trails Association
David Chapman
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Airport Ground Lease - Brim Aviation
January 19, 2010 Primary Staff Contact: Adam Hanks
Administration E-Mail: adam(cl)ashland.or.us
Public Works Secondary Contact: Scott Fleury
Martha Benne Estimated Time: Consent
Question:
Will Council approve, by order, authorization for the Mayor to sign the attached non-standard ground
lease agreement with Brim Aviation for the installation and use of a 24 foot training tower at the
Ashland Municipal Airport and associated Specialized Aviation Service Operator (SASO) agreement?
Staff Recommendation:
Staff recommends Council approval of an order authorizing the Mayor to sign the attached ground
lease agreement and associated SASO agreement.
Background:
Brim Aviation operates an existing licensed helicopter aviation business at the Ashland Municipal
Airport and holds a standard ground lease agreement with the City for the existing hangar space.
Brim Aviation received land use approval in May of 2007 for the construction of a second hangar
adjacent to the existing hangar. This approval has remained valid and current through the approval of
two separate extensions to the original approval.
Brim Aviation has submitted structural drawings as part of a building permit application for a 24 foot
temporary training tower to be located within the three dimensional envelope of the existing area of the
land use approval.
As provided by the applicant, the intent of the training tower is to augment existing training exercises
currently conducted in the area of the airport and accommodates Brim Aviation's expansion into new
business opportunities with client prospects at the intemationallevel.
The applicant has stated that the long term prospects for the new business opportunities are to a large
degree dependant on a contract that materialized somewhat unexpectedly that created this current tight
timeline and temporary nature of the request.
In order to construct and utilize the training tower, Brim Aviation must obtain the following:
I) Non-standard ground lease agreement
2) Specialized Aviation Service Operator (SASO) agreement
3) Zoning Approval
4) Structural Building Permit
Non-Standard Ground Lease
Page 1 of3
~~,
CITY OF
ASHLAND
The ground lease is defined as non-standard because the proposed structure is not a standard hangar
and therefore has no standard square footage to calculate the lease terms. Additionally, the lease is
limited to a period of five months so as not to preclude the long term use of the proposed tower
location for its approval and designation as a hangar location.
Also included in the lease are terms for the use of a temporary staging and storage area near Brim
Aviation's existing hangar and proposed training tower.
Specialized Aviation Service Operator (SASO) Agreement
A SASO agreement is required for any lessee who operates a business that engages in airport related
commercial activities within the Ashland Municipal Airport and, as with the non-standard ground
lease, requires a Council Order for its execution.
Zoning Approval
As mentioned above, the proposed tower location is within the three dimensional footprint of the
lessee's existing land use approval, meaning that the height of the tower does not exceed the approved
height of the originally proposed hangar and, if desired, the hangar could be completely contained
within a hangar construction.
While the use and intensity of the proposal is described and approved in the lessee's existing land use
approval, a specific phasing plan was never formally addressed. Planning Staff have preliminarily
concluded that the proposal meets the approval criteria, but that conclusion constitutes a discretionary
decision and requires notice to adjacent property owners, which will be completed prior to the lease
being approved and signed.
Structural Building Permit
The proposed tower plans that have been submitted for review have been drawn and stamped by an
Oregon licensed Structural Engineer and the calculations and site specifics will be reviewed by the
City Commercial Plans Reviewer to ensure compliance with the Oregon State Structural Code prior to
the lease being approved and signed.
Related City Policies:
Ashland Comprehensive Plan - Economy Element Policy VII-S
The City shall encourage economic development of the local resources and enhance employment opportunities
for existing residents. The City's policy is that economic development shall always have as its primary purpose
the enhancement of the community's economic health.
Council Options:
I) Approve, by order, the authorization for the Mayor to sign the attached Non-Standard Ground Lease
agreement and corresponding Specialized Aviation Service Operator (SASO) agreement, upon the
approval of the building and zoning permits
2) Delay the approval of authorization for the Mayor to sign the attached Non-Standard Ground Lease
agreement and corresponding Specialized Aviation Service Operator (SASO) agreement until the
building and zoning permit approvals are complete.
Page 2 on
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CITY OF
ASHLAND
3) Do not approve the authorization for the Mayor to sign the attached Non-Standard Ground Lease
agreement and corresponding Specialized Aviation Service Operator (SASO) agreement
Potential Motions:
N/ A - Consent
Attachments:
Ashland Municipal Airport Ground Lease Agreement and associated exhibits
Page} on
.~~,
ASHLAND MUNICIPAL AIRPORT
GROUND LEASE AGREEMENT FOR
HANGAR CONSTRUCTION
THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and
through the City Council, hereinafter referred to as City, and Burl J. Brim, Jr., hereinafter
referred to as Lessee.
RECITALS
A. City owns and operates an airport known as the Ashland Municipal Airport (the
"airport").
B. Lessee currently leases a parcel of land at the airport ("Parcel A") more fully described
in Exhibit A, for the purpose of running his business, Brim Aviation.
C. Lessee received land use approval of Planning Application #2007-00578 on May 8,
2007, to construct a hangar on an adjacent parcel of land ("Parcel B").
D. City subsequently granted a one (1) year extension on May 6, 2008, when it approved
Planning Action #2008-00595.
E. City subsequently granted an additional eighteen (18) month extension on April 28,
2009, when it approved Planning Action #2009-00446.
F. Lessee is currently submitting materials to obtain the necessary plans and permits to
begin construction of Phase One.
G. Lessee desires to lease Parcel B from City to begin construction of Phase One of the
hangar in compliance with Planning Application #2007-00578 and all subsequent
planning applications and permits. For purposes of this Agreement, "Phase One" is
defined as the first stage of construction of the hangar in compliance with Planning
Application #2007-00578 and all subsequent planning applications and associated
permits.
H. Lessee also desires to lease additional property ("Parcel C") adjacent to Parcel A to
temporarily stage and store supplies and vehicles during Phase One.
I. City desires to lease Parcels Band C to the Lessee under the circumstances set forth
in this Agreement.
In consideration of the matters described above, and of the mutual benefits and obligations
set forth in this Agreement, the parties agree as follows:
1. Recitals Incorporated. The recitals are hereby incorporated into this Agreement by this
reference.
2. Description of Leased Property. The leased property ("Property") consists of both
Parcel B and Parcel C as more particularly described in this section.
2.1. Parcel B. City agrees to lease to Lessee a part of the Airport identified as
Parcel B on Exhibit A, which is attached and incorporated herein by this reference.
Parcel B has an area of approximately 6,400 square feet. The lessee will use Parcel B
for construction of Phase One.
2.2. Parcel C. City agrees to lease to Lessee a part of the Airport identified as
Parcel C on Exhibit A. Parcel C has an area of approximately 6,000 square feet. The
lessee will use Parcel C to temporarily stage and store supplies and vehicles
("storage") during Phase One.
Page 1 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
"
3. Lease Fees.
3.1. Rental Rate. Lessee agrees to pay to City a pro-rated annual rental rate of
$0.449 per square foot, per year for the use of Parcel B. Lessee agrees to pay to City
a pro-rated annual rental of $0.191 per square foot, per year for the use of Parcel C.
Lessee agrees to pay to City for the use of the leased property a total rental rate of
~1,676.00, payable on execution of the lease. It is agreed that the rental rate here
specified shall be subject to re-examination and readjustment pursuant to 3.2,
provided that any readjustment of the present rate, or amended rate, shall be
reasonable.
3.2. Periodic rent increase. The rental fee is subject to adjustment on July 1st at the
option of the City and is payable, monthly in advance, on the first day of each month.
3.3. Past due fees. Lease fees will become past due ten days past the due date and
the City will charge interest of 1.5% per month on past due lease fees.
3.4. Security Deposit. Lessee shall pay a deposit in the amount of one month's rent
to secure Lessee's compliance with all terms of this agreement. The deposit shall be a
debt from City to Lessee, refundable within 30 days after expiration of the lease term
or other termination not caused by Lessee's default. City may commingle the deposit
with its funds. Lessee shall not be entitled to interest on the deposit. City shall have
the right to offset against the deposit any sums owing from Lessee to City and not paid
when due, any damages caused by Lessee's default, the cost of curing any default by
Lessee should City elect to do so, and the cost of performing any repair or cleanup
that is Lessee's responsibility under this agreement. Offset against the deposit shall
not be an exclusive remedy in any of the above cases, but may be invoked by City, at
its option, in addition to any other remedy provided by law or this agreement for
Lessee's nonperformance. City shall give notice to Lessee each time an offset is
claimed against the deposit, and, unless the agreement is terminated, Lessee shall
within 10 days after such notice deposit with City a sum equal to the amount of the
offset so that the total deposit amount, net of offset, shall remain constant throughout
the agreement term.
3.5. Improvement Fee. Lessee shall be required to pay a non-refundable
improvement fee equivalent to one month's rent at the time of executing this
Agreement. The fee shall be used by City to make improvements at the airport.
4. Term. The term of this lease shall be for a maximum of five months, commencing on
February 1, 2010, and ending on June 30, 2010. Either party may terminate this lease at
any time upon 30 days prior written notice to the other party. If Lessee is not in default
Lessee shall have the first right of refusal to lease the premises from the City at the rates
and terms then in effect as established by the City. In no event shall delay in obtaining
permits from any city, state or federal agencies be deemed as automatically requiring an
extension of the term of this Agreement. Nor shall such delay be interpreted as requiring
the City to approve an extension of this Agreement.
5. Hangar Construction. Lessee shall have the right to construct Phase One in
conformance with all approved plans and permits. Lessee shall have the right to erect,
maintain, and alter buildings or structures upon the leased property provided such
buildings or structures conform to the applicable requirements of all federal, state, and
local laws. All plans for such buildings, structures, or improvements shall be reviewed
and approved in writing by the City prior to construction.
Page 2 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
6. lessee Covenants. lessee agrees to:
6.1. Complete all phases of construction on Parcel B in conformance with Planning
Application #2007-00578 and all subsequent planning applications and associated
permits. or remove Phase One by the end of this lease and restore Parcel B back to its
original condition prior to any construction on Parcel B.
6.2. Apply for and receive all necessary land use approvals to move Phase One to a
different parcel located at the airport prior to June 30, 2010.
6.3. Apply for necessary site plan approval for Parcel C within sixty (60) days of the
execution of this lease if lessee desires to continue to utilize Parcel C for temporary
staging and storage of supplies and vehicles after Phase One is completed. Without
the appropriate land use approvals all use of Parcel C must cease and desist at the
end of this lease.
6.4. Obtain a Specialized Aviation Service Operator (SASO) lease agreement in
accordance with Section 9 to allow Lessee to operate a business that engages in
airport related commercial activities on Parcel B and Parcel C.
6.5. Submit a Safety Plan for the activities occurring on Parcels Band C by March
31,2010.
7. land Use Approvals Required. This Agreement is not a land use approval. Lessee is
not the City's agent and City is not the Lessee's agent for purposes of any contracts or
commitments made by either party. Lessee acknowledges and agrees that future
preliminary and/or final approvals, including plans, plan amendments, plan modifications,
civil plans (construction plan approval), construction permits and building permits are
subject to compliance with all applicable approved plans, approval conditions and
applicable land development regulations in effect at the time the approvals are sought.
No rights to obtain preliminary and/or final approvals, including plans, plan amendments,
plan modifications, or building permits nor any other rights to develop and/or construct a
hangar have been granted or implied simply by the City's approval of this Lease
Agreement. Lessee must fully comply with all approved plans, approval conditions and all
applicable laws in effect at the time the final approvals are sought. Lessee, or its
successors and assigns, may not attempt to force, coerce or intimidate the City to
approve the final plan or grant other construction authorizations, including building
permits, by asserting that the City has committed to such approvals for hangar
construction on any parcel at the Airport based on the theory of vested rights, equitable
estoppel, or any other legal theory based on the City's approval of this Agreement or any
associated agreement. This Agreement does not grant Lessee the right to move or
construct Phase One on any other parcel at the Airport, nor does this Agreement in any
way suggest that hangar construction similar to Phase One would be approved and/or
allowed on any other parcel at the Airport. City approval of final plans and/or construction
orders requires strict compliance with applicable planning procedures, approval conditions
and the applicable criterion for approval.
.8. Title to Improvements. Upon completion of Phase One and the final approved structural
inspection, improvements included in the Planning Action, including any further
improvements to the property approved by the Airport Commission, shall become and
remain property of Lessee.
Page 3 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
9. Use of Premises. Except as provided in this paragraph, the premises shall be used only
for the storage of aircraft. No commercial activities. includinq but not limited to aircraft
mechanical or maintenance work or repair or service, are to be conducted on the
premises unless otherwise permitted under section 9.3. The preceding sentence does not
apply, however, to work, maintenance, repair or service on aircraft owned by the Lessee.
Other items of personal property may be stored temporarily when such storage in no way
interferes with the normal storage area of the aircraft in the hangar, and does not
otherwise violate this rental agreement.
9.1 Flammables and explosives prohibited. Lessee shall not store any flammable or
explosive liquids or solids within the premises. For the purpose of this rental
agreement, "flammable or explosive liquids or solids" shall not apply to fuel or other
flammables contained within any airplane placed in the hangar. Fueling of the aircraft.
while in the hangar is strictly prohibited.
9.2 Pets and animals Drohibited. Lessee shall not, without the City's written consent
keep any pets or animals on the premises. If allowed, Lessee agrees to be liable for
damage to the premises or other persons caused by the pet or animal.
9.3 When commercial activities permitted. Lessee may conduct airport related
commercial activities upon obtaining a business license, as specified in the "Minimum
Standards for Commercial Aeronautical Activities, Ashland, Oregon", and entering into
a Specialized Aviation Service Operator (SASO) lease agreement, which allows the
Lessee to operate as a Specialized Aviation Service Operator in accordance with
current adopted standards.
10. Maintenance. Lessee shall keep and maintain the premises and all improvements in
good and substantial repair and condition, including the exterior condition. Lessee shall
make all necessary major repairs and alterations and shall maintain the premises and all
improvements in compliance with all applicable building and zoning laws and all other
laws, ordinances, orders and requirements of all authorities having or claiming jurisdiction.
Lessee shall provide proper containers for trash and garbage and shall keep the premises
free and clear of weeds, rubbish, debris, and litter at all times. City shall have the right to
conduct reasonable inspections and investigations of the property and the operations
conducted on the premises at any time, and from time to time with reasonable advance
notice, and Lessee shall cooperate fully with City during such inspections and
investigations.
11. Rights Reserved to the City. The City reserves the following rights:
11.1 Improve landinq area. The right to develop or improve the landing area of the
airport without interference or hindrance of the Lessee.
11.2 Maintain airport. The right, but not the obligation, to maintain and keep in repair
the landing area of the Airport, together with the right to direct and control all activities
of Lessee.
11.3 Protect airport. The right to take any action considered necessary to protect the
aerial approaches of the airport against obstruction, together with the right to prevent
Lessee from erecting, or permitting to be erected, any building or other structure on
the Airport which, in the opinion of the City, would limit the usefulness of the Airport
and constitute a hazard to aircraft.
11.4 Temporary closures. The right to temporarily close or to restrict the use of the
Airport or any of the facilities for maintenance, improvement, or for the safety of the
Page 4 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
public. Lessee is not entitled to any compensation or damages for such temporary
closures.
12. Compliance with laws. Lessee shall comply with:
12.1 The current adopted, or any future, "Minimum Standards for Commercial
Aeronautical Activities, Ashland, Oregon" (Minimum Standards) are part of this lease
agreement. If this lease and the Minimum Standards conflict in the requirements for
the Lessee, the Minimum Standards take precedence.
12.2 All federal, state, county, and city laws, orders and ordinances, and rules and
regulations apply, including but not limited to all rules and regulations of the Oregon
Department of Aviation and the Federal Aviation Administration.
12.2.1 Local Laws. The terms, restrictions and requirements of approvals are
set forth in the applicable City Ordinances, including the Ashland Land Use
Ordinance, applicable State statutes and regulations, the preliminary and final
approvals, and this Agreement. All local development approvals and permits
identified by local law or this Agreement shall be obtained at the sole cost of the
Lessee. The failure of this Agreement to address a particular permit, condition,
term or restriction shall not relieve Lessee of the duty to comply with any laws
governing permitting requirements, conditions, terms or restrictions. Any matter
or action to be taken pursuant to the requirements of the ordinances of the City
of Ashland shall not be otherwise amended, modified or waived unless such
modification, amendment or waiver is expressly provided for in this Agreement
with specific reference to the provisions so modified waived or amended.
12.2.2 State and Federal Laws. The following sworn statement shall be
submitted prior to commencement of Physical construction:
Sworn Statement, Verification of Federal, State, and Local Permit
Compliance.
Prior to any land clearing, alteration, or physical construction (other than
survey work or environmental testing) on the property, the Lessee shall
execute a sworn statement under penalty of perjury and false swearing, that
the Lessee has obtained all required Federal, State, and local
authorizations, permits and approvals for Phase One, including any
proposed use, or alteration of the site, including also any off-site
improvements. Lessee shall be solely responsible for obtaining all
approvals, permits, licenses, insurance, and authorizations from the
responsible Federal, State and local authorities, or other entities, necessary
to use the property in the manner contemplated, including all authorizations
necessary to perform land clearing, construction and improvement of
property in the location and manner contemplated. This provision includes,
but is not limited to, when applicable, a permit or statement from the Federal
Aviation Administration that the activities contemplated comply with all
federal regulations. Further, it is expressly agreed and understood that the
City of Ashland has no duty, responsibility or liability for requesting,
obtaining, ensuring, or verifying Lessee's compliance with the applicable
state and federal agency permit or approval requirements. Any permit or
authorization granted by the City, including any exemption, exception,
permit, approval or variance pursuant to the Ashland Land Use Ordinance
Page 5 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
shall not in any way be interpreted as a waiver, modification, or grant of any
state or federal agency permits or authorizations or permission to violate any
state or federal law or regulation. Lessee shall be held strictly liable, and
shall hold the City of Ashland, its officers and employees harmless for
administrative, civil and criminal penalties for any violation of Federal and
State statutes, regulations, or rules implementing such laws. Nothing herein
shall be interpreted as restricting or limiting the City from bringing an
enforcement action under the Ashland Municipal Code.
13. Lessee compliance with environmental laws. As used in this paragraph, the term
"hazardous material" means any hazardous or toxic substance, material, or waste,
including, but not limited to, those substances, materials, and wastes listed in the United
States Department of Transportation Hazardous Materials Table (49 C.F.R. S 172.101) or
by the United States Environmental Protection Agency as hazardous substances (40
C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790
and regulations of the Oregon State Department of Environmental Quality, petroleum
products and their derivatives, and such other substances, materials and wastes as
become regulated or subject to cleanup authority under any environmental laws.
Environmental laws means any federal, state, or local statutes, regulations, or ordinances
or any judicial or other governmental orders pertaining to the protection of health, safety,
or the environment.
13.1 Lessee's compliance with laws and permjts. Lessee shall cause the premises
and all operations conducted on the premises (including operations by any
subtenants) to comply with all environmental laws.
13.2 Limitatjon on uses of hazardous materials. Lessee shall not use or allow any
agents, contractors or subtenants to use the premises to generate, manufacture,
refine, transport, treat, store, handle, recycle, release or dispose of any hazardous
materials, other than as reasonably necessary for the operation of Lessee's activities
as contemplated under this lease.
.13.2.1 Disposal and contamination clean-up. Lessee shall be responsible for
disposing of all hazardous materials in compliance with environmental laws,
and Lessee shall be responsible for any environmental clean-up of the
premises that is necessary due to Lessee's activities.
14. Utilities. Lessee shall promptly pay any charges for electricity, water and sewer, and all
other charges for utilities which may be furnished to the premises at Lessee's order or
consent.
15. Liens, Taxes. Lessee shall pay all sums of money that become due for any labor,
services, materials, supplies, utilities, furnishings, machinery or equipment which have
been furnished or ordered by Lessee which may be secured by lien against the premises.
Lessee shall pay all real and personal property taxes assessed against the premises,
such payments to be made nD later than November 15 Df the year in which the taxes
become due and payable, and will submit a copy of the receipt for the taxes to the City's
Director of Finance.
16. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the
term of this lease, at Lessee's sole expense, the following insurance:
Page 6 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
16.1 Comprehensive insurance. Owner's, landlord and tenant or premises insurance
protecting City and its officers, agents and employees against any and all liabilities that
may allegedly in any way relate to the operation by Lessee, this insurance to be in the
minimum amount of $10,000,000, combined single limit coverage. Such limit shall
automatically increase in the event of any change in the provisions of ORS 30.270, or
in the event these limits are found to be not totally applicable to a city.
16.1.1 All policies shall include the City, its officers, commissions, elected
officials, employees and agents as additional insureds with respect to general
liability and aviation liability on a primary and non-contributory basis.
16.1.2 A certificate evidencing such insurance coverage shall be filed with the
City prior to the effective date of this lease, and such certificate shall provide
that such insurance coverage may not be canceled or reduced or changed in
any way adverse to the City without at least 30 days prior written notice to the
City. The policy shall be continuous until canceled as stated above. If such
insurance coverage is canceled or changed, Lessee shall, not later than 15
days prior to the termination or change in the insurance coverage, file with the
City a certificate showing that the required insurance has been reinstated or
provided through another insurance company or companies. Cancellation or
termination of the policy shall terminate the lease.
In the event Lessee shall fail to furnish the City with the certificate of
insurance required, City may secure the required insurance or self-insure at the
sole cost and expense of Lessee, and Lessee agrees to reimburse City
promptly for the cost, plus ten percent of the cost for City administration.
16.2 Property Insurance. Lessee shall bear the expense of any insurance insuring
the personal property of Lessee on the premises against such risks, but Lessee shall
not be required to insure his personal property.
17. Indemnification; Waiver of Subrogation. Lessee will defend, indemnify and save City,
its officers, employees and agents harmless from any and all losses, claims, actions,
costs, expenses, judgments, subrogations, or other damages resulting from injury to any
person (including injury resulting in death,) or damage (including loss or destruction) to
property, of whatsoever nature arising out of or incident to this lease or the activities that
take place on leased property. Lessee waives the right of subrogation regarding the
insurance policy listed in Section 16. Lessee will not be held responsible for damages
caused by negligence of City.
18. Non-appropriations; No Agency. The City and Lessee are entering into this Agreement
voluntarily in the spirit of cooperation and coordination to facilitate Lessee's desire to
develop Parcel B by constructing a hangar. However, nothing in this Agreement makes
the City responsible for the contracts or commitments of Lessee regarding construction of
the hangar. Lessee is not subject to public contracting rules and regulations and nothing
herein makes Owner subject to such public agency requirements. No City funds are
provided by this agreement for City construction of public infrastructure in this project.
All City obligations pursuant to this Agreement which require the expenditure of funds
are contingent upon future appropriations by the City as part of the local budget process.
Nothing in this Agreement implies an obligation on the City to appropriate any such
monies. City acknowledges that following the required review and approval of Final Plan
and Site Reviews, approval of final civil plans (construction plan approval) and associated
construction permits, and the determination for issuing building permits for the
Page 7 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
construction of a hangar on the Property is not an obligation that would require the
expendjture of funds; therefore, construction of the hangar is not contingent upon future
appropriations by the City.
19.Damage or Destruction of Premises.
19.1 If the premises or any improvements are damaged or destroyed by fire or other
casualty, Lessee shall:
19.9.1 Promptly repair, rebuild or restore the property damaged or destroyed
to substantially the same condition consistent with the applicable building
codes; and
19.1.1 Apply for any net proceeds of insurance resulting from claims for
such losses, as well as any additional money of Lessee necessary.
If the damage or destruction which occurs is such that the cost of repair, rebuilding or
restoration of the property damaged or destroyed exceeds 50% of the fair market
value of the improvements, Lessee shall have the option within 60 days from the date
of damage or destruction, to notify City in writing whether or not Lessee elects to
repair, rebuild, or restore in accordance with paragraph 15.1 or to terminate this lease.
Upon giving such notice to terminate, this lease shall terminate on the date specified in
the notice and City shall be entitled to the net proceeds of insurance.
19.2 Lessee shall be responsible for damage or destruction to the premises or any
improvements resulting from Lessee's operations, or anything done or permitted by
Lessee under this lease.
20. Events of Default. The following shall be events of default:
20.1. Default in Rent: Failure of Lessee to pay any rent or other charge within ten
days after it is due.
20.2. Default in Other Covenants: Failure of Lessee to comply with any covenant,
term or condition, or to fulfill any obligation of the lease (other than the payment of rent
or other charges) within 30 days after written notice by City specifying the nature of the
default. If the default is such that it cannot be completely remedied within the 30-day
period, this provision shall be complied with if Lessee begins correction of the default
within the 30-day period and proceeds in good faith to effect the remedy as soon as
practjcable.
20.3. Insolvencv: Insolvency of Lessee and assignment by Lessee for the benefit of
creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that
Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the
filing of an involuntary petition of bankruptcy and failure of the Lessee to secure a
dismissal of the petition within 30 days after filing; attachment of or the levying of
execution on the leasehold interest and failure of the Lessee to secure discharge of
the attachment or release of the levy of execution within ten days.
21. Remedies on Default. In the event of a default, the City at its option may terminate the
lease by notice in writing by certified or registered mail to Lessee. The notice may be
given before or within thirty days after the running of the grace period for default and may
be included in a notice of failure of compliance. If the property is abandoned by Lessee in
connection with a default, termination shall be automatic and without notice.
21.1. Damaqes. In the event of termination of default, City shall be entitled to recover
immediately the following amounts as damages:
Page 8 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
21.1.1. The reasonable cost of re-entry and re-letting including the cost of any
clean up, refurbishing, removal of Lessee's property and fixtures, or any other
expense occasioned by Lessee's failure to quit the premises upon termination
and to leave the premises in the required condition, any remodeling costs,
attorney fees, court costs, broker commissions and advertising cost.
21.1.2. The loss of reasonable lease fee value from the date of default until a
new tenant has been or, with the exercise of reasonable efforts could have
been secured.
21.2. Re-entrv After Termination. If the lease is terminated for any reason, Lessee's
liability to City for damages shall survive such termination, and the rights and
obligations of the parties shall be as follows:
21.2.1. Lessee shall vacate the premises immediately, and within thirty (30)
days remove any property of Lessee including any fixtures which Lessee is
required to remove at the end of the lease term, perform any cleanup,
alterations or other work required to leave the property in the condition required
at the end of the term. City may re-enter, take possession of the premises and
remove any persons or property by legal action or by self-help with the use of
reasonable force and without liability for damages.
21.3. Re-Iettinq. Following re-entry or abandonment, City may re-Iet the premises and
to that end the City may:
21.3.1. Make any suitable alterations or refurbish the premises, or both, or
change the character or use of the premises, but City shall not be required to
re-Iet for any use or purpose (other than that specified in the lease) which City
may reasonably consider injurious to the premises, or to any tenant which City
may reasonably consider objectionable.
21.3.2. Re-let all or part of the premises, alone or in conjunction with other
properties, for a term longer or shorter than the term of this lease, upon any
reasonable terms and conditions, including the granting of some lease fee-free
occupancy or other lease fee concession.
22.Assignment of Interest or Rights. Neither Lessee or any assignee or other successor of
Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this
lease or any interest, nor license or permit the use of the rights granted except as
provided in this paragraph. Lessee shall not assign all or any part of its rights and
interests under this lease to any successor through merger, consolidation, or voluntary
sale or transfer of substantially all of its assets, without prior written approval of the City.
Written approval of the City shall not be unreasonably withheld.
22.1. Riqht of first refusal. City shall have the following described right of first refusal
with respect to the interest of Lessee under this lease after the expiration of the lease
term and all extensions authorized under this lease:
22.1.1. Lessee shall not sell, sublease, assign or transfer to anyone other than
City, unless Lessee shall have first communicated to City, by written notice, a
written offer to sell, sublease, assign or transfer this lease or any interest, which
offer shall specify, in commercially reasonable detail, the price, terms and
conditions upon which Lessee is willing to sell, sublease, assign or transfer this
lease or any interest.
22.1.2. City shall have a period of 30 days, following the notice, within which to
accept the offer by giving Lessee written notice of acceptance. If the offer is
accepted, the parties shall be obligated to close the sale, sublease, assignment
Page 9 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
or transfer in accordance with the terms of Lessee's offer. Closing shall occur
within 60 days following acceptance or withjn such longer closing period as may
be specified in the offer.
22.1.3. If City does not accept the offer, Lessee may sell, sublease, assign or
transfer the lease or any interest to any other party, provided that such a sale
must be consummated within 60 days following the earlier of the expiration of
the 30 day acceptance period specified in paragraph 22.1.2 for the offer or the
date of any written rejection of the offer by City, and for and upon the same
price, terms and conditions as those specified in the offer.
22.1.4. City's rights under this paragraph shall apply to any subsequent or
contemporaneous offer made to Lessee or Lessee's successor or successors in
interest. .
22.1.5. For the purposes of this subparagraph, a devise under a will by the
Lessee shall not be considered a sale, sublease, assignment or transfer.
23. Nonwaiver, Waiver by either party of strict performance of any provision of this lease
shall not be a waiver of or prejudice the party's right to require strict performance of the
same provision in the future or of any other provision.
24. Consent of City. Whenever consent, approval or direction by the City is required, all
such consent, approval or direction shall be received in writing from the City
Administrator.
25. Hangar Construction Requirements. The Hangar Construction Requirements are
incorporated into this Agreement and shall apply to any construction that takes place on
the leased property.
26. Notices. All notices required under this lease shall be deemed to be properly served if
sent by certified or registered mail to the last address previously furnished by the parties.
Until changed by the parties by notice in writing, notices shall be sent to:
CITY:
City of Ashland
Attn: City Administrator
20 E. Main Street
Ashland, OR 97520
LESSEE:
Brim Aviation
Attn: Burl Brim
P.O. Box 3009
Ashland, OR 97520
INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written
below.
LESSEE:
Burl Brim
Date
Page 10 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of
this lease as set forth above.
CITY:
Mayor/Mayor's Designee, City of Ashland
,
Date
Page 11 of 11 -GROUND LEASE WITH HANGAR CONSTRUCTION
.
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TAXIWAYfTAXILANE (EXISTING)
CONVENTIONAL HANGAR (EXISTING)
T-HANGAR (EXISTING)
ACCESS ROAD (EXISTING)
ELECTRIC GATE (FUTURE)
CONVENTIONAL HANGAR (FUTURE)
T-HANGAR (FUTURE)
VEHICLE PARKING (FUTURE)
ACCESS ROAD (FUTURE)
HELICOPTER/AIR CARGO (FUTURE)
ULTRA LIGHT STORAGE (FUTURE)
NON-AVIATION COMMERCIAL
(SUCH AS MINI STORAGE OR SIMILAR)
NON-AVIATION OR AVIATION
RELATED DEVELOPMENT AREAS
APRON (FUTURE)
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NOTE: THE HIGHLIGHTED ARfAS DEPICTED IN THIS fIGURE woe ORIGINALLY PROPOSED TO ACCOMMOOAU NON.AVlATION DEVELOPMENT, THIS W>lD USE Of'flONWAS LATEll ElJMIWo.TED fROM CONSIDERATION WED
ON FAA RlVIEW AND COMMENT ISle PAOE".~81. a.o.sroOH
FM REQUIREMENTS, THESE ARW ARE RfSTRlCTtO TO AVIATION USE AS lONG AS THEY RfMAlN IN AIRPORT QWNERSj.11P. THE ORlGItW. COKll'NT OF THIS FIGURE HASlIEEN 'RESEMO TO illUSTRATE THE CQNCEPTINTHE
FOlIM T11AT fT WAS ACTlJAllY CON~IDERfD IN Tl'tE PllOCESSOF
DEfiNING A PREFERR.EO DEVELOl'MENT ALTfRW,TIYE. THE lNFOlIMATION CONTAINED IN THIS FIGURE Does NOT NECW.A.RILY REFtECTTHE NlfFEAAfD M.TEaw.TIVE', WHICH HAS BEEN INCOWOIVlTED INTO THE
AlRPOllJLAYOUT .PlAN DRAWING, PRESENTED LA1EIIN nUS 0W'fEL
ASHLAND MUNICIPAL. AIRPORT-
SUMNER PAIR~KER FIELD
ALTERNAITHVE 2
FIGURE
~.CENTURYWEST
~ ~ENGINEERING CORPORA nON
100
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100
5-2
SOURCE: BERGMAN PHOTOGRAPHIC
SERVICES, INC. (10-03-01)
CITY OF
ASHLAND
Council Communication
Public Hearing and Approval of a Quitclaim Deed Relinquishing a
Sanitary Sewer Easement in Mountain Creek Estates Subdivision.
Meeting Date: January 19, 2010 Primary Staff Contact: James Olson, 552-2412
Department: Public Works/Engineering E-Mail: olsonj(alashland.or.us
Secondary Dept.: Legal Secondary Contact: David Gies, 552-2335
Approval: Martha Be Estimated Time: 15 Minutes
Question:
Will Council approve and authorize the Mayor to sign a quitclaim deed relinquishing a sanitary sewer
easement, located on Lot 33 of the Mountain Creek Estates Subdivision?
Staff Recommendation:
Staff recommends approval of and authorization for the Mayor to sign the attached quitclaim deed
terminating the sanitary sewer easement located on Lot 33, of the Mountain Creek Estates Subdivision.
Background:
Execution Summary:
Following the abandonment of the Mountain Avenue septic tank in 1936, the City constructed a
sanitary sewer pipeline from Mountain Avenue to the Ashland Creek trunk sewer located on the west
bank of Ashland Creek. Since there were few public rights of way in existence in that area, the pipeline
was installed entirely within acquired easements.
When the Mountain Creek Subdivision was developed in 1997, the easement dissected several platted
lots and the developer was required to relocate a portion of the sewer pipeline onto the Thimbleberry
Lane right of way. Although the old pipeline was abandoned, the developer never took the necessary
steps to legally extinguish the easement. A recent title search discovered the existence of the easement
and the owners have asked that it be extinguished.
Existing Easement:
The easement, which is no longer of use, was acquired on July 31,1936 and recorded in Volume 208,
Page 580-1 of the Deed Records of Jackson County. The easement was granted to the City by Charles
and Sarah Fraley and is fifteen (15) feet wide. The easement crosses three other fully developed lots
within the subdivision and a similar action may be required in the future to remove the easement from
these lots.
This easement is very specific in its use for sanitary sewer purposes only and it cannot be used for any
other purpose. Since the underlying sewer pipeline has been abandoned, there is no further need for
this easement.
Page I of2
r.l'
CITY OF
ASHLAND
Related City Policies:
The disposal or termination of an easement, while not transferring fee title, does transfer an interest
and is therefore governed under ORS Section 221. 725. The disposal of any property interest requires
that a public hearing be held and that the hearing be noticed as follows:
(I) Except as provided in ORS 221.727, when a city council considers it necessary or convenient to
sell real property or any interest therein, the city council shall publish a notice of the proposed
sale in a newspaper of general circulation in the city, and shall hold a public hearing concerning
the sale prior to the sale.
(2) The notice required by Subsection (I) of this section shall be published at least once during the
week prior to the public hearing required under this section. The notice shall state the time and
place of the public hearing, a description of the property or interest to be sold, the proposed
uses for the property and the reasons why the city council considers it necessary or convenient
to sell the property. Proof of publication of the notice may be made as provided by ORS
193.070.
(3) Not earlier than five days after publication of the notice, the public hearing concerning the sale
shall be held at the time and place stated in the notice. Nothing in this section prevents a city
council from holding the hearing at any regular or special meeting of the city council as part of
its regular agenda.
(4) The nature of the proposed sale and the general terms thereof, including an appraisal or other
evidence of the market value of the property, shall be fully disclosed by the city council at the
public hearing. Any resident of the city shall be given an opportunity to present written or oral
testimony at the hearing.
(5) As used in this section and ORS 221.727, "sale" includes a lease-option agreement under
which the lessee has the right to buy the leased real property in accordance with the terms
specified in the agreement.
The required notification has been made.
Council Options:
Following the public meeting, the Council may either approve or reject the attached quitclaim deed,
extinguishing a portion of the fifteen (15) foot wide sanitary sewer easement recorded in Volume 208,
page 580-1.
Potential Motions:
I. Move to approve the attached quitclaim deed and direct the Mayor to sign the document; or
2. Move to reject the quitclaim deed and retain the existing unused easement in place.
Attachments:
Quitclaim Deed
Vicinity Map
Copy of Easement Recorded in Volume 208, Page 580-1
Page 2 of2
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THIS SPACE RESERVED FOR RECORDER'S USE
After recording return to:
First American Title
370 Lithia Way
Ashland, OR, 97520
Until a change is requested all tax statements
shall be sent to the following address:
No Change
".; 'I:.
File No,: 7162-1497403 Ua)
Date: November 20, 2009
STATUTORY QUITCLAIM DEED
City of Ashland, a Municipal Corporation, Grantor, releases and quitclaims to Marie 8, Donovan
and Michael J. Donovan, as tenants by the entirety, all rights and interest in and to the following
described real property:
LEGAL DESCRIPTION: Real property in the County of Jackson, State of Oregon, described as follows:
LOT 33 OF MOUNTAIN CREEK ESTATES, PHASE 1, A PLANNED COMMUNITY, IN THE CITY OF
ASHLAND, JACKSON COUNTY, OREGON, ACCORDING TO THE OFFICIAL PLAT THEREOF,
RECORDED IN VOLUME 22, PAGE 31 PLAT) ~ECORDS.
. . ".
. .
The true consideration for this conveyance. is $9;.00. ('Here ~omply with requirements of ORS 93.030)
This document is being recorded to terminate that certain easment recorded in Volume 208 page 580
and as shown on the recorded pial/partition,
'.
Page 1 of 2
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APN: 1-090520-2
StatutorY;GLlj~ct~tm pe~
- continued
; ,
File No.: 7162-1497403 (ia)
Dale: 11/20/2009
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 19S.300, 195.301 AND 195.305 TO 195-
336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERlY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERlY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNlY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED
USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERlY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-336
AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007.
Dated this _ day of
.20_.
". ~'. ". .' -\ ;
John stromberg
'. . .-~T<~f.;;._:,;. :;,',~!
STATE OF Oregon
)
)ss.
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County of Jackson
This Instrument was acknowledged before me on this _ day of
by John Stromberg.
.20_
Notary Public for Oregon
My commission expires:
1',
Page 2 of 2
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KHO\1 j1l.l. U~ B1 TI!6.:;l!: Pn&;,,;}lT~ that Charle:J 1'1, Fraley and aarah A, Fraley, tor Ilnd in
cO'U1deratioQ oC One LJollat' (~l;OO) und other good llIld villllll.ble considerAtion to tMm in hand
paid, receipt of whlcll 18 hlJruby twkllowledged, do baraby grant a.nd convey to the City of' Ash1ar:d
IL 1"I\L'licipul corporation of the State oC Oregon, it.a suooellsors and 3:1lJign:l, the richt-of-way
Wider, through Dnd acrOSB the land hurolnllftor IJore particularly desoribed. sltuate, lying
and beinli in Jackson County, Or-allan, to-wit:
All that certo,1u premises deseribod in Volmac ;X)() at page 502 of the L>eed Hecord::: of
Jackson County, Oregon, .Idch Indli premise1: as so described is lIereby referred to allll by tl!1s
reference lII{lde D part hor$Ol' as though lull)' set forth herein.
Iu lUId upon which L.o lay, ol.arate and r~tl.lntain a Selrer pipe or :Ierler pipes for the tranl'l_
portation of :lewagu and reCuse in the City o!' ~hl'Uld, CounLy of JRck30n, State of Urcuon,
such pipe or pipes to be laid wilhln a :;;pacc not olCceedin6 fift..",n reet 1n width alon6 tl'.Q
foilutlil1t: dellul'i'bcll course a~ a cent.er line thereto, to-wlt:
l'rOIll the North9Qst corner of Vonation Land (HilLa l~o. ~ In 'fO\m3b.:1[l 39 South of .Range
One East of' VlillMlette llcrldisll, Orogon, I_canure South aloj';! the &:;t !oida line of ';he DLC No.
42 a di:Jtallce or 77'.-:> relit to trill plllce of be"L-u1inll o!' centor 11nu to be de5cribed:
'i'hlm<.:e
iiouth 89 d::greun 29' caGt :1:>2 rout; Thencu tlorth 8a du&rucs 01' ea'-'t 304 r....t, !lIore or lelll>,
to an interseet10n "ith the wllstel'ly :lido linc ()f ~untatl1 AVlJnul! in said City of AShland,
And lIith righ~ of inGress 11Ild egress to and 11'0'1> s"ld rieht-oC-way for all Se"llr jlurpose:!
foreYar,
this deed is intended to :luperceda that certain lIaB"!IIl;lnt nnd rleht-of-'<Iay'deed 1oe"el,;o-
fore given b.)' thu G1";111tol'lI herein to Gl.auttill and roeo:'dcd in Volllme ;';05, pagll_l29-30 of the
Deed Rel:ordn 01" Jack:lOn (:oWltJl, OratOll, und the e..sem@nt aC'luirod by tho City of Aohlll1ld
wuleI' thl.! above IIUntloned 1.1BtrwJ.tlnt i:< hereby cancelled, :let; allidcj and replslled by this
easement,
The Ci ty o!' Ashlnnd doe:> herl!by covllnant and Ugl'CII to c<<refully r81110VOI the Sur1"acll SOi]
i while 11l11.u<< g..id Slll'ier pipe line and to re:st.ore ~Bid surf"ce !loll to a depth of I,\- reet in
: appro.timately the salJ.e condition too lIaid surface so11 was in before tile f:l1l1d sewer pipe 111'.e
\fas lail.\.
The ';ity of Asllland furtl1ftr ...~re"" to ru3tOre nIl fonce:! rellloved at any time tor the
purpoGo of l11~t;alllng, repairini 01' lauintnining lIaid :le'/er pipe through said prcllllses to
approximately tho SIIIIIC condition S1lid fencea were in before rOl1loval, and said City furthl'lr
agrees to exercioe reasonable care at oli time:! in 60ing mto, UPOll, or llcross the prClllilJe~
described ber';!1n.
For the: con.!lider"tion herein set forth, grantorg hnruln hereby give, jt'rnnt, and convey
WltO the City uf A:UuW\dJ ita successor:! 1lIId aSlligno, all the dirt th.:1t lllay be neces:Jor:r to
bake 6 fill to be piaced on grantors land in connection filth !laId sewer pipe install1lt1on,
provided the City of Ashland or 1t:l assigns exercise due and reasonablo Cllre in rc","vlng said
dirt trolll 8. poInt lIutually asreeil upon by gr&fltors and grantee horein, so nil to not le:a.vo. IDlY
lorgo holes or undue rough spota and to .'emove snld dirt with selleral uni!'orDIlty as to d....th
oyer the area designated in no nmount mLf!1clent to tJ.ake lIald fill.
'1'he City of Aadond
further at;:rees to tollow 30und e.nt1nt;lIrlng prilctlces in constructing 3ald fill r.na provide
tl-.e drainn,e therefor.
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On this olst day ot .July, l!3~O, h_erOl'e 1ilEi!, the Wll.101"S1gnOO, a Uota.ry Public in llnd ror said
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. who ure knQlIn to mf'! to bo the identical i,}d1Vlc1uals tlcllcribed in <lwl wh<l llxacutcd the within
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CITY OF
ASHLAND
Council Communication
Approval of Ashland Forest Resiliency Master Stewardship Agreement
Meeting Date: January 19, 2010 Primary Staff Contact: John Karns
Department: Ashland Fire and Rescue E-Mail: karnsj@ashland.or.us
Secondary Dept.: Administration Secondary Contact: Martha Bennett
Approval: Martha Benne Estimated Time: 15 Minutes
Question:
Should the City Council approve an Ashland Forest Resiliency Master Stewardship Agreement
between the United States Department of Agriculture Forest Service, the City of Ashland, the Nature
Conservancy, and Lomakatsi Restoration Project?
Staff Recommendation:
Staffrecommends approval of the Master Stewardship Agreement.
Background:
The purpose of the Ashland Forest Resiliency Master Stewardship Agreement is to establish a
cooperative effort and partnership between the USDA Forest Service, the City of Ashland, the Nature
Conservancy and the Lomakatsi Restoration Project to implement the Ashland Forest Resiliency
Record of Decision.
The partners in this agreement each share a common interest in improving the condition and function
of the Ashland watershed. Each partner brings a strong set of skills and abilities that will be used in a
collaborative effort to meet the goals of the Record of Decision. The purpose of the action is to protect
values at risk (water quality, late-successional habitat, human life and property, and ecosystem
sustainability), reduce hazardous fuels, reduce crown fire potential, and create forest conditions that
are more resilient to wildland fires.
This Master Agreement is an umbrella agreement that spells out the roles of each party. The specific
obligation for each partner of AFR will be documented in a Supplemental Project Agreement (SPA),
and the City's legal staffing and financing commitments will be outlined in the SPA. We expect the
SPA in the Spring of201O. The City will be able to receive funds for this work, and will need to
commit a 10% match. Work done to date on AFR will likely count toward the City's match.
Related City Policies:
The Ashland City Council approved the Ashland Forest Resiliency Project Preferred Alternative in
October of2008.
The Ashland Forest Resiliency Plan addresses two Council goals that ,were approved in June, 2009,
dealing with water quality and watershed sustainability.
Council Options:
Approve or disapprove the Master Stewardship Agreement.
Page 1 of2
r~'
CITY OF
ASHLAND
Potential Motions:
Motion to approve the Ashland Forest Resiliency Master Stewardship Agreement.
Attachments:
Master Stewardship Agreement Role Summary
Master Stewardship Agreement
Page 2 of2
~.1I
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ASHLAND FOREST RESILIENCY STEWARDSHIP PROJECT - PARTNERSHIP ROLES I' ~ d:',' "
,January,ll, 2010
ATTACHMENT To MASTER STEWARDSHIP AGREEMENT ,t"~:0mi,,~A:',,*,,,;
Partners to the Master Stewardship Agreement will collaborate and share various responsibilities with specific roles
and leadership responsibility assigned based on each Partner's expertise, past involvement and interest. Roles are
subject to annual review.
All Partners will participate in the following:
. Technical review of project data, design and all aspects of implementation including contract design,
prescriptions, tree marking guidance, tree marking and logistics
. Development and implementation of the community engagement plan
. Development and implementation of the Multi-Party Monitoring Plan including technical support and
fund raising
. Coordination of project communications with the public
Specific Partner roles are described below:
J
Forest Service
. Maintain overall decision making authority on National Forest System lands, including consistency review of
implementation againstthe Record of Decision
. Lead project design and development of the implementation plan (elements of the implementation plan
include as a minimum: unit layout/design, unit prescriptions, marking guidance, unit prioritization and
'scheduling, mitigation measures)
. Lead unit layout and tree measurement, and certify unit prescriptions ~
. Provide oversight by key resource specialists (wildlife, fish, soils, botany, fire and fuels, hydrology, heritage)
. Administer stewardship agreement and other service (or timber sale) contracts as planned
. Implement specific on the ground projects
. Prepare prescribed fire burn plans and provide operational oversight (i.e. burn boss)
City of Ashland
. Lead development and implementation of the community engagement plan
. Convene and lead community meetings and field trips to gather input and disseminate results of technical
review and project progress and results
. Technical lead for contract oversight and administration of helicopter operations
. Lead development of prescriptions for density management and tree marking guidance
. Assist with implementation of Forest Service prepared burn plans
. Maintain and regularty update the project website (ashlandwatershed.org)
The Nature Conservancy
. Coordinate technical review and oversight of project design and all aspects of implementation with input
from other Partners and conduct analysis as needed to inform the review
. Oversee the development and implementation of the Multi-Party Monitoring Plan, including data collection
protocols, coordination with stakeholders, and science delivery
. Serve as lead fiscal organization for the Master Stewardship Agreement and Supplemental Project
Agreement
Lomakatsi Restoration Project
. Contract oversight and administration of all aspects related to on the ground implementation of understory
and surface fuel ground-based operations, including participating with City of Ashland for operations related
to helicopter operations
. Lead development of prescriptions for surface and ladder fuel treatments
. Lead for tree marking
. Workforce training and contractor development, recruitment, and staffing
. Market fuel reduction and restoration by-products
fui'Y
~ USDA Forest Service
OMB 05%-0217
FS-1500-21
FS Agreement No.
Cooperator Agreement No.
MASTER
STEWARDSHIP AGREEMENT
Between the
CITY OF ASHLAND
THE NATURE CONSER V ANCY
LOMAKATSI RESTORATION PROJECT
And the
U.S. FOREST SERVICE,
ROGUE RIVER-SISKIYOU NATIONAL FOREST,
PACIFIC NORTHWEST REGION
This Master Stewardship Agreement is hereby made and entered into by and between the City of
Ashland, The Nature Conservancy, and Lomakatsi Restoration Project, hereinafter referred to as Partner,
and the U.S. Forest Service, Rogue River-Siskiyou National Forest, US Forest Service, Pacific
Northwest Region (6), hereinafter referred to as the Forest Service, under the provisions of the
Consolidated Appropriations Resolution, 2003, Public Law 108-7, sec 323, amending Public Law 105-
277, sec. 347 (Stewardship Authority).
Backl!round: In 2003 Congress authorized the Forest Service and the Bureau of Land Management to
enter into stewardship contracts and agreements "to achieve land management goals for the national
forests that meet local and rural community needs." The primary focus of this legislation is to achieve
land management goals through stewardship projects awarded under contracts or agreements. Unique
to the legislation is the ability to exchange goods for services that meet the land management objectives.
The area addressed in this Master Stewardship Agreement is known as the Ashland Forest Resiliency
Stewardship Project, Siskiyou Mountains Ranger District, Rogue River-Siskiyou National Forest, and
lies within the borders of the State of Oregon. This area includes approximately 7,600 acres to be
treated during the term of this Master Stewardship Agreement.
The need for action for the Ashland Forest Resiliency Stewardship Project is the urgent reduction of
the potential for large-scale, high-severity wildland fire in the Ashland Municipal Watershed and
surrounding areas. One hundred years of fire exclusion and fuel accumulations in this forest's
wildland/urban interface now presents high potential for large-scale, high-severity wildland fire that
could significantly interrupt the supply of clean water and late-successional and old-growth forest
ecosystems in this Analysis Area. The purpose of the action is to protect values at risk (water quality,
late-successional habitat, human life and property, and ecosystem sustainability), reduce hazardous
fuels, reduce crown fire potential, and create forest conditions that are more resilient to wildland fires.
The Ashland Forest Resiliency Stewardship Project will implement stand density reduction to create a
more fire-resilient landscape while maintaining a high level of structural heterogeneity across the
landscape.
Treatments are designed to influence fire behavior by altering available fuel, fuel arrangement, fuel
moisture, and species composition. Variable-density forest management, prescribed burning, and other
surface fuel reduction treatments are actions that will encourage more natural species diversity and
create a more fire resilient forest.
I. PURPOSE:
The purpose of this Master Stewardship Agreement is to document the cooperative effort between the
parties for landscape restoration activities within the Siskiyou Mountains Ranger District, Rogue River-
Siskiyou National Forest in accordance with the following provisions and the hereby incorporated
Template for Stewardship Supplemental Project Agreement (SPA), attached as Exhibit A.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The Forest Service is a land management agency dedicated to the wise use and management of National
Forest System (NFS) lands, including the responsibility for maintaining and improving resource
conditions.
The City of Ashland has developed a Community Wildfire Protection Plan and developed a GIS-based
prioritization of fuels management and wildfire mitigation activities on an area comprising over 3,000
acres of private and City owned property adjacent to the Rogue River-Siskiyou National Forest. The
City has obtained National Fire Plan funds and provided oversight of implementation of aggressive
fuels reduction in this hazard zone. The City also actively manages 640 acres of its own land within the
Ashland watershed. Management of those acres draws from a socially effective intersection with
community values through the advice and oversight of the Ashland Forest Lands Commission, a
contract forester, and City staff.
The Nature Conservancy's mission is to preserve the plants, animals and natural communities that
represent the diversity of life on Earth by protecting the lands and waters they need to survive. The
Nature Conservancy has more than 50 years of conservation experience and is well-known for a
collaborative and effective approach to land and water conservation. For over 30 years, The Nature
Conservancy has used controlled bums and other restoration tools to help restore habitats and native
species on lands we manage. Through the Global Fire Initiative, they are assisting agencies,
organizations and communities to find lasting solutions to the challenges posed by altered fire regimes.
In 2003, they launched the Northwest Fire Learning Network, establishing partnerships at four large
watersheds (including the Ashland Watershed) and beginning to fill data gaps to enable development of
stand-specific maps showing prioritized restoration actions.
The Lomakatsi Restoration Project is a nonprofit organizational collaboration guided by natural and
social principles to organize and implement community based ecological restoration projects through
education, vocational training, specialized workforce development, on-the-ground workforce activities
and the utilization of restoration by-products, encouraging the recovery of ecosystems and the
sustainability of communities, cultures, and economies. Lomakatsi has cooperated with federal and
state agencies to benefit National Forests and local communities. Lomakatsi's volunteers, members,
and partners have worked to raise funds and to volunteer on projects that benefit forest restoration and
2
fuels reduction.
3
The Partners and the Forest Service share a common interest in improving the condition and function of
this landscape, not only for wildfire and fuels concerns, but also for landscape and stand diversity. A
goal of the Ashland Forest Resiliency Stewardship Project is to increase the landscape's fire resiliency
and protect the City of Ashland's domestic water supply by promoting functional ecosystem processes
that contribute to sustainable forest stand densities, structures, and species compositions over the long-
term. The achievement of this goal provides a variety of benefits and therefore benefits all parties to
this agreement.
This Master Stewardship Agreement will provide an opportunity for the parties to seek funding to
expand partnership opportunities, and to gamer new and additional support from partners, including but
not limited to the timber industry, federal and non-federal entities, tribal entities, and Partner members
and volunteers. Mission accomplishment for both parties will be furthered by the restoration of natural
resources across the landscape.
All projects conceived under this Master Stewardship Agreement will undergo a collaborative process to
determine specific habitat improvements. The collaborative process will ensure that the benefits of
undertaking restoration activities are mutually beneficial to the Partner and the Forest Service as well as
being beneficial to a wide diversity of interests involved in collaboration.
Both parties share an interest in improving the ecosystem condition and function of the landscape. A
healthy landscape provides a variety of benefits beyond the needs of a single species, and therefore
benefits both parties.
It is therefore mutually beneficial for the parties to work together to implement landscape restoration
and enhancement projects.
In consideration of the above premises, the parties agree as follows:
III. THE PARTNER SHALL:
A. LEGAL AUTHORITY. The Partner shall have the legal authority to enter into this Master
Stewardship Agreement, and the institutional, managerial, and financial capability to ensure proper
planning, management, and completion of the project, which includes funds sufficient to pay the
nonfederal share ofproject costs, when applicable.
B. Perform in accordance with any approved Supplemental Project Agreement (SPA) tiered to this
Master Stewardship Agreement.
C. In its discretion, explore opportunities for additional support from other parties for projects
associated with this Master Stewardship Agreement.
The Nature Conservancy has agreed to act as the fiscal agent for the Partners for any SPA's that
tier from this Master Stewardship Agreement. Therefore the following provisions III. D - H
applies only to The Nature Conservancy.
D. Establish a separate funds account for the stewardship projects performed under this Master
Stewardship Agreement.
4
E. TAXPAYER lDENTIFICA TION NUMBER: Furnish their tax identification number upon
execution of this Master Stewardship Agreement.
F. DUNS NUMBER: Furnish their DUNS number upon execution of this Master Stewardship
Agreement. Partner may obtain a DUNS number by contacting Dunn and Bradstreet at 800-234-
3867 or 866-794-1580. A DUNS number will be provided immediately by telephone at no charge.
G. ELECTRONIC FUNDS TRANSFER (EFT): Designate a financial institution or an authorized
payment agent through which a federal payment may be made in accordance with US Treasury
Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are to be
made by EFT to the maximum extent possible. A waiver may be requested and payments received
by check by certifying in writing that one of the following situations apply:
1. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment recipient more
than recei ving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language, or
literacy barrier.
H. LEGAL AUTHORITY. Have the legal authority to enter into this Master Stewardship Agreement,
and the institutional, managerial and financial capability (including funds sufficient to pay
non federal share of project costs) to ensure proper planning, management, and completion of the
project. In order to receive EFT payments the recipient! Partner shall register in the Central
Contractor Registry (CCR). You may register by going to wWW.ccr.gov and following the
instructions provided on line. For assistance, contact the CCR Assistance Center at 888-227-2423 or
269-961-4725
l. NONDISCRIMINATION. Comply with all Federal statutes relating to nondiscrimination and all
applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d, 2000e-
.16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title
IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973
as amended (29 U.S.C. 794) which prohibits discrimination on the basis of disabilities. The
nondiscrimination statement which follows shall be posted in primary and secondary recipient
offices, at the public service delivery contact point and included, in full, on all materials regarding
such recipients' programs that are produced by the recipients for public information, public
education, or public distribution:
"In accordance with Federal law and U.S. Department of Agriculture policy, this institution is
prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not
all prohibited basis apply to all programs.)
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326- W,
Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-
5964 (voice and TDD). USDA is an equal opportunity provider and employer."
5
If the material is too small to permit the full statement to be included, the material will at minimum
include the statement, in print size no smaller than the text, that "This institution is an equal
opportunity provider."
J. Agree that any Partner employees and their volunteers that are directly involved in implementing
Partner's obligations under this agreement, shall not be deemed to be Federal employees for any
purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and
Chapter 81 of Title 5, United States Code (OWCP), as Partner has hereby willingly agreed to assume
these responsibilities.
K. Provide any necessary training to the Partner employees and volunteers and ensure that such
personnel are capable of performing tasks to be completed. The Partner shall also supervise and
direct the work of Partner volunteers performing under this Master Stewardship Agreement.
L. Provide mutually agreed-upon information through its newsletter and news releases. Other outlets
may be used as agreed upon by both parties. ,
IV. THE FOREST SERVICE SHALL:
A. Have the Regional Forester or authorized designee approve all stewardship project proposals.
B. Complete all necessary National Environmental Policy Act (NEP A) requirements.
C. Inform the Partner of any changes in stewardship policy, law and regulations.
D. Recognize the Partner's contribution, in a manner acceptable to both parties, in news releases,
interpretive signs, photographs, or other media as appropriate.
E. Provide the parameters for the Technical Project Proposal prior to entering into any Supplemental
Project Agreement (SPA) with Partner.
F. Maintain a list of active project areas covered under this Master Stewardship Agreement.
G. Mutually prepare with Partner and then perform in accordance with the Supplemental Project
Agreements.
H. Review all required reports submitted by the Partner.
1. Make the final determination on the appropriate instrument for specific stewardship projects
developed under this Master Stewardship Agreement in consultation with the Partner.
J. Utilize the full variety of agreement and contracting methods available under current statutes and
authorities to complete approved restoration work activities within the confines of the Ashland
Forest Resiliency Stewardship Project, Siskiyou Mountains Ranger District, including volume
removal and service activities
6
.
K. Require merchantable sawtimber volume, and other volume of non sa wtimberlbi om ass material
associated with fuel reduction or restoration activities under this agreement, be merchandised and
sold into the highest and best markets (the market in which the purchaser is the person or entity that
can pay the most for the material and can otherwise maximize the use and/or benefit of the
material).
L. Make the final determination on the appropriate instrument for specific stewardship projects
developed under this Master Stewardship Agreement in consultation with the Partner.
V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES
THAT:
A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for
matters related to this Master Stewardship Agreement.
Principal Forest Service Contacts:
Forest Service Stewardship Coordinator Forest Service Grants & Agreements Contact
DON BOUCHER JILL ZAN
Siskiyou Mountains Ranger District Forest Service, Region 6, Agreements
Ashland Ranger Station Medford Interagency Office
645 Washington Street 3040 Biddle Road
Ashland, OR 97520 Medford, OR 97504
541-552-2913 541-618-2024
Fax: 541-552-2922 Fax: 541-618-2184
dboucher@fs.fed.us jzan(a)fs.fed.us
Principal Partner Contacts:
Partner Stewardshi Coordinator,
JOHN KARNS
City of Ashland
455 Siskiyou Blvd
Ashland, OR 97520
541-482-2770
Fax: 541-488-5318
karnsj ashland.or.us
Partner Stewardshi Coordinator
DARREN BORGlAS
The Nature Conservancy
33 South Central Ave, Suite 405
Medford, OR 97501
541-770-7933
Fax: 541-770-7941
dborgias tnc.org
Partner Administrative Contact
MARTHA BENNET
City of Ashland
20 East Main Street
Ashland, OR 97520
541-488-6002
Fax: 541-488-5311
bennettm ashland.or. us
Partner Administrative Contact
ERIC HUNTER
The Nature Conservancy
821 SE 14th Ave.
Portlans, OR 97202
503-802-8173
Fax: 503-802-8199
ehunter@tnc.org
7
Partner Stewardshi Coordinator
MARKO BEY
LomakatsiResoration Project
PO Box 3084
Ashland, OR 97520
541-488-0208
Fax: 541-488-4909
marko lomakatsi.org
Partner Administrative Contact
JUSTIN CULLUMBINE
Lomakatsi Resoration Project
PO Box 3084
Ashland, OR 97520
541-488-0208
Fax: 541-488-4909
justin lomakatsi.org
B. AVAILABILITY FOR CONSULT A TION. Both parties will make themselves available at mutually
agreeable times, for continuing consultation to discuss the conditions covered by this Master
Stewardship Agreement and agree to actions essential to fulfill its purposes.
C. ANNUAL MEETING. At a minimum, the parties will meet annually to discuss potential
stewardship projects and jointly review the active stewardship project proposal list.
D. SUPPLEMENTAL PROJECT AGREEMENTS. Nothing in this Master Stewardship Agreement
obligates either party to offer or accept any project proposals under this Master Stewardship
Agreement. Any projects added to this Master Stewardship Agreement shall be by mutual consent
of the parties through a specific SPA. At a minimum, an SPA shall:
I. Include language stating that the SPA will be made a part of this Master Stewardship
Agreement thereby subjecting it to the terms of this Master Stewardship Agreement.
2. Include a map and description of the project area, treatment activities and
corresponding treated acres, and other activities which may include other resource
related projects.
3. Specify a method of designating trees for removal.
4. Describe the desired end result of the project(s).
5. Specify the exchange of goods for services. The Forest Service may apply the value of
timber or other forest products removed as an offset against the cost of services
received by the Partner.
6. Designate a Forest Service and Partner official to monitor their respective
responsibilities outlined in the SPA.
7. Include a Financial Plan to identify each parties contributions for projects identified in
the SPA.
8. Identify appropriate bonding requirements.
9. Include any necessary forest restrictions and closure dates to allow the Partner to
implement and complete the project(s) within the specified timeframes.
10. Provide necessary direction to the Partner to ensure compliance with appropriate laws
and regulations to fulfill the terms of the SPA.
II. Identify any reporting requirements.
12. Be reviewed and approved by a delegated timber contracting officer when forest
products will be disposed.
13. Be reviewed and approved by a Forest Service Grants & Agreements Specialist.
14. Be mutually agreed to, in writing, by both parties and executed by the designated Forest
. Supervisor.
8
M. PERFORMANCE. The parties will perform in accordance with the approved SPAs.
N. EXCHANGE OF GOODS FOR SERVICES. SP A(s) may be completed where Forest Service
goods are exchanged for Partner services; Forest Service funds are exchanged for Partner services;
or a combination thereof.
O. TECHNICAL AND COST EV ALUA TION. Best approach determination is the evaluation
method used by the Forest Service to approve stewardship agreement technical proposals. Such
consideration shall primarily consider criteria other than cost. These non-price criteria include, but
are not limited to:
1. The extent of mutual interest and benefit.
2. The advantages and effectiveness of mutual participation.
3. Joint expertise.
4. Past performance.
5. Technical approach
6. Factors relevant to cost such as volunteer participation, contri);lUtion from other parties, cost
sharing, etc.
7. Ability to utilize, educate and/or train a local workforce.
8. Benefits to the local community
9. Ability to complete work in a timely manner.
10. Experience in performing similar work.
II. Ability to conduct work in an environmentally sound manner.
P. METHODS OF APPRAISAL: The value of timber and other forest products shall be determined
using Forest Service standard guidelines, methods and techniques.
Q. NON LIABILITY. Forest Service does not assume liability for any third party claims for damages
arising out of this Master Stewardship Agreement.
R. NOTICES. Any notice given by the Forest Service or the Partner will be sufficient only ifin
writing and delivered in person, mailed, or transmitted electronically bye-mail or fax, as follows:
To the Forest Service Program Manager, at the address specified in this Master Stewardship
Agreement.
To the Partner at the Partner's address shown in this Master Stewardship Agreement or such
other address designated within this Master Stewardship Agreement.
Notices will be effective when delivered in accordance with this provision, or on the effective
date of the notice, whichever is later.
S. PARTICIPATION IN SIMILAR ACTIVITIES. This Master Stewardship Agreement in no way
restricts the Forest Service or the Partner(s) from participating in similar activities with other public
or private agencies, organizations, and individuals.
9
T. ENDORSEMENT. Any Partner contributions made under this Master Stewardship Agreement do
not by direct reference or implication convey Forest Service endorsement of the Partner's products
or activities and does not by direct reference or implication covey the Partner's endorsement of
Forest Service's products or activities.
U. USE OF FOREST SERVICE INSIGNIA. In order for the Partner to use the Forest Service
Insignia on any published media, such as a webpage, printed publication, or audiovisual
production, permission must be granted from the Forest Service's Office of Communications. A
written request must be submitted and approval granted in writing by the Office of
Communications prior to use of the insignia.
V. NON-FEDERAL STATUS FOR PARTNER PARTICIPANT LIABILITY. The Partner agrees
that any Partner employees, volunteers, and program participants shall not be deemed to be Federal
employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort
Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as the Partner has hereby
willingly agreed to assume these responsibilities.
Further, the Partner shall provide any necessary training to Partner employees, volunteers, and
program participants to ensure that such personnel are capable of performing tasks to be
completed. The Partner shall also supervise and direct the work of its employees, volunteers, and
participants performing under this Master Stewardship Agreement.
W. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.c. 22, no United States member of, or
United States delegate to, Congress shall be admitted to any share or part of this Master
Stewardship Master Stewardship Agreement, or benefits that may arise therefrom, either directly or
indirectly.
X. DRUG-FREE WORKPLACE.
a. The Partner agrees that it will publish a drug-free workplace statement and provide a copy to
each employee who will be engaged in the performance of any project/program that receives
federal funding. The statement must
(I) Tell the employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in its workplace;
(2) Specify the actions the Partner will take against employees for violating that
prohibition; and
(3) Let each employee know that, as a condition of employment under any award, he or she
(i) Must abide by the terms of the statement, and
(ii) Must notify you in writing ifhe or she is convicted for a violation of a criminal drug
statute occurring in the workplace, and must do so no more than five calendar days after
the conviction.
10
b. The Partner agrees that it will establish an ongoing drug-free awareness program to inform
employees about
(i) The dangers of drug abuse in the workplace;
(ii) Your policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation and employee assistance programs; and
(iv) The penalties that you may impose upon them for drug abuse violations occurring in
the workplace.
c. Without the Program Manager's expressed written approval, the policy statement and
program must be in place as soon as possible, no later than the 30 days after the effective date
of this Master Stewardship, or the completion date of this Master Stewardship Agreement,
whichever occurs first.
d. The Partner agrees to immediately notify the Program Manager if an employee is convicted
of a drug violation in the workplace. The notification must be in writing, identify the
employee's position title, the SPA number of each project which the employee worked. The
notification must be sent to the Program Manager within ten calendar days after the Partner
learns of the conviction.
e. Within 30 calendar days oflearning about an employee's conviction, the Partner must either
(I) Take appropriate personnel action against the employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC
794), as amended, or
(2) Require the employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for these purposes by a Federal, State or local health, law
enforcement, or other appropriate agency.
Y. NONDISCRIMINATION. The Partner shall comply with all applicable federal statutes relating to
nondiscrimination. This includes all applicable requirements of all' other Federal laws, Executive
orders, regulations, and policies. These include but are not limited to Sections 119 and 504 of the
Rehabilitation Act of 1973 as amended, which prohibits discrimination on the basis of race, color,
religion, sex, age, national origin, marital status, familial status, sexual orientation, participation in
any public assistance program, or disability.
Z. ELIGIBLE WORKERS. The Partner shall ensure that all employees complete the 1-9 form to
certify that they are eligible for lawful employment under the Immigration and Nationality Act (8
USC I 324a). The Partner shall comply with regulations regarding certification and retention of the
completed forms. These requirements also apply to any contract or supplemental agreement
awarded under this Master Stewardship Agreement.
AA. STANDARDS FOR FINANCIAL MANAGEMENT.
1. Financial Reporting
11
The Partner shall provide complete, accurate, and current financial disclosures of the project or
program in accordance with any financial reporting requirements, as set forth in the financial
proVISIOns.
2. Accounting Records
The Partner shall continuously maintain and update records identifying the source and use of
funds. The records shall contain information pertaining to the agreement, authorizations,
obligations, unobligated balances, assets, outlays, and income.
3. Internal Control
The Partner shall maintain effective control over and accountability for all Forest Service
funds, real property, and personal property assets. The Partner shall keep effective internal
controls to ensure that all United States Federal funds received are separately and properly
allocated to the activities described in the award/agreement. The Partner shall adequately
safeguard all such property and shall ensure that it is used solely for authorized purposes.
4. Payments
Payment is typically made by reimbursement; advances may be used on a case-by-case basis
and the need shall be documented. Do not use retained receipts for advance payment(s). An
authority to allow advance payments will be added to the SPA. When applicable, the Partner
shall establish and maintain specific procedures to minimize the time elapsing between the
advance of federal funds and their subsequent disbursement. Any advance requested by the
Partner must be expended within 30 days of receipt.
5. Source Documentation
The Partner shall support all accounting records with source documentation. These
documentations include, but are not limited to, cancelled checks, paid bills, payrolls, contract
and subgrantlcontract documents, and so forth.
BE. AGREEMENT CLOSEOUT. The Partner shall close out any SPAs executed under this Master
Stewardship Agreement within 90 days after the expiration date or notice of termination.
Any unobligated balance of cash advanced to the Partner shall be immediately refunded to the
Forest Service, including any interest earned.
Within a maximum of90 days following the date of expiration or termination ofa SPA, all
financial performance and related reports required by the terms of the Master Stewardship
Agreement shall be submitted to the Forest Service by the Partner.
If this Master Stewardship Agreement is closed out without audit, the Forest Service reserves
the right to disallow and recover an appropriate amount after fully considering any
recommended disallowances resulting from an audit which may be conducted later.
12
Cc. PROGRAM PERFORMANCE REPORTS. The Partner shall monitor the performance of SPA
activities to ensure that performance goals are being achieved.
Performance reports shall contain informaiion on the following:
- A comparison of actual accomplishments to the goals established for the period. Where the
output of the project can be readily expressed in numbers, a computation of the cost per unit of
output may be required if that information is useful.
- Reason(s) fordelay if established goals were not met.
- Additional pertinent information including, when appropriate, analysis and explanation of
cost overruns or high unit costs.
The Partner shall submit quarterly performance reports. These reports are due 30 days after the
reporting period. The final performance report shall be submitted either with the Partner's
final payment request, or separately, but not later than 90 days from the expiration date of any
SPAs.
DO. RETENTION AND ACCESS REOUIREMENTS FOR RECORDS. The Partner shall retain all
records pertinent to this Master Stewardship Agreement for a period of no less than three years
from the expiration or termination date. As used in this provision, "records" includes books,
documents, accounting procedures and practice, and other data, regardless of the type or format.
The Partner shall provide access and the right to examine all records related to this Master
Stewardship Agreement to the Forest Service Inspector General, or Comptroller General or their
authorized representative.
If any litigation, claim, negotiation, audit, or other action involving the records has been started
before the end of the 3-year period, the records shall be kept until all issues are resolved, or
until the end of the regular 3-year period, whichever is later.
Records for nonexpendable property acquired in whole or in part, with United States Federal
funds shall be retained for three years after its final disposition.
The Partner shall provide access to any project site(s) to the Forest Service or any of their
authorized representatives. The rights of access in this section shall not be limited to the
required retention period but shall last as long as the records are kept.
EE. FREEDOM OF INFORMATION ACT (FOIA). Public access to Master Stewardship Agreement
records shall not be limited, except when such records must be kept confidential and would have
been exempted from disclosure pursuant to "Freedom of Information" regulations (5 U.S.C. 552).
FF. PUBLIC NOTICES. It is Forest Service's policy to inform the public as fully as possible of its
programs and activities. The Partner is encouraged to give public notice of the receipt of this
award/Master Stewardship Agreement and, from time to time, to announce progress and
13
accomplishments. Press releases or other public notices should include a statement substantially as
follows:
..
of the U.S. Forest Service, Department of Agriculture,
"
The Partner may call on Forest Service's Office of Communication for advice regarding public
notices. The Partner is requested to provide copies of notices or announcements to the Forest
Service Program Manager and to Forest Service's Office Communications as far in advance of
release as possible (coordinate with Forest Public Information Officer).
GG. RIGHT TO TRANSFER EQUIPMENT AND SUPPLIES. Equipment approved for purchase
under this Master Stewardship Agreement is available only for use as authorized. The Forest
Service reserves the right to transfer title to' the federal government of any equipment with a current
per-unit fair market value in excess of $5,000 purchased with Forest Service funding. Upon
expiration of this Master Stewardship Agreement, the Partner shall forward an equipment
inventory to the Forest Service, listing all equipment purchased with Forest Service funding
throughout the life of the project. Disposition instructions shall be issued by the Forest Service
within 120 calendar days from termination date of this Master Stewardship Agreement.
HH. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this Master Stewardship
Agreement is not available for reimbursement of Partner purchase of equipment and supplies.
Equipment is defined as having a fair market value of over $5,000 per unit and a useful life of over
one year.
II. PURCHASE OF ASSETS. Any assets (such as equipment, property, or improvements) purchased
by the Forest Service with Partner contributions shall become the property of the Forest Service.
JJ. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the
direction of any of the parties, shall thereupon become property of the United States. These
improvements shall be subject to the same regulations and administration of the Forest Service as
would other National Forest improvements of a similar nature. No part of this Master Stewardship
Agreement shall entitle the Partner to any share or interest in the improvements, other than the
right to use and enjoy the same under the existing regulations of the Forest Service.
KK. CONTRACT REQUIREMENTS. If a Partner issues a contract, it shall be awarded on a
competitive basis. Additionally, federal wage provisions (Davis-Bacon or Service Contract Act)
are applicable to any contract developed and awarded under this Master Stewardship Agreement
where all or part of the funding is provided with Forest Service funds. Davis-Bacon wage rates
apply on all public works contracts in excess of$2,000 and Service Contract Act wage provisions
apply to service contracts in excess of $2,500
LL. GQVERNMENT-FURNISHED PROPERTY. The Partner may only use Forest Service property
furnished under this Master Stewardship Agreement for performing tasks assigned in this Master
Stewardship Agreement. The Partner shall not modify, cannibalize, or make alterations to Forest
Service property. A separate document, Form AD-I07, shall be completed to document the loan of
Forest Service property. The Forest Service shall retain title to all Forest Service-furnished
property. Title to Forest Service property shall not be affected by its incorporation into or
14
attachment to any property not owned by the Forest Service, nor shall the property become a
fixture or lose its identity as personal property by being attached to any real property.
Parlner Liability for Government Property.
(1) Unless otherwise provided for in the Master Stewardship Agreement, the
Partner shall not be liable for loss, damage, destruction, or theft to the Government
property furnished or acquired under this contract, except when anyone of the
following applies-
(i) The risk is covered by insurance or the Partner is otherwise reimbursed
(to the extent of such insurance or reimbursement).
(ii) The loss, damage, destruction, or theft is the result of willful misconduct
or lack of good faith on the part of the Partner's managerial personnel.
Partner's managerial personnel, in this clause, means the Partner's directors,
officers, managers, superintendents, or equivalent representatives who have
supervision or direction of all or substantially all of the Partner's business;
all or substantially all of the Partner's operation at anyone plant or separate
location; or a separate and complete major industrial operation.
(2) The Partner shall take all reasonable actions necessary to protect the
Government property from further loss, damage, destruction, or theft. The Partner
shall separate the damaged and undamaged Government property, place all the
affected Government property in the best possible order, and take such other action
as the Property Administrator directs.
(3) The Partner shall do nothing to prejudice the Government's rights to recover
against third parties for any loss, damage, destruction, or theft of Government
property.
(4) Upon the request of the Grants & Agreements Specialist, the Partner shall, at the
Government's expense, furnish to the Government all reasonable assistance and
cooperation, including the prosecution of suit and the execution of Master
Stewardship Agreements of assignment in favor of the Government in obtaining
recovery.
MM. OFFSETS, CLAIMS and RIGHTS. Any and all activities entered into or approved by this Master
Stewardship Agreement will create and support afforestation! reforestation efforts within the
National Forest System without generating carbon credits. The Forest Service does not make
claims of permanence or any guarantees of carbon sequestration on lands reforested or afforested
through partner assistance. The Forest Service will provide for long-term management of
reforested and afforested lands, according to applicable federal statute regulations and forest plans.
NN. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS. The
Partner shall acknowledge Forest Service support in any publications, audiovisuals, and electronic
media developed as a result of this Master Stewardship Agreement.
00. NONDISCRIMINATION STATEMENT - PRINTED, ELECTRONIC, OR AUDIOVISUAL
MATERIAL. The Partner shall include the following statement, in full, in any printed, audiovisual
material, or electronic media for public distribution developed or printed with any federal funding.
15
"Ill accordallce with Federal law alld U.S. Departmellt of Agriculture policy,
this illstitutioll is prohibited from discrimillatillg 011 the basis of race, color,
lIatiollal origill, sex, age, or disability. (Not all prohibited bases apply to all
programs.)
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W,
Whitten Building, ]400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-
5964 (voice and TOO). USDA is an equal opportunity provider and employer."
]f the material is too small to permit the full statement to be included, the material shall, at
minimum, include the following statement, in print size no smaller than the text:
"This illstitutioll is all equal opportullity provider. "
PP. REMEDIES FOR COMPLIANCE RELATED ISSUES. [fthe Partner materially fails to comply
with any term of the Master Stewardship Agreement, whether stated in a Federal statute or
regulation, an assurance, the Master Stewardship Agreement, or elsewhere, the Forest Service may
take one or more of the following actions:
(I) Temporarily withhold cash payments pending correction of the deficiency by the Partner or
more severe enforcement action by the Forest Service;
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of
the activity or action not in compliance;
(3) Wholly or partly suspend or terminate the current Master Stewardship Agreement for the
Partner's program;
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available; including debarment procedures under 7
CFR part 30] 7.
QQ. TERMINA nON BY MUTUAL AGREEMENT. This Master Stewardship Agreement may be
terminated, in whole or part, as follows:
- When the Forest Service and the Partner agree upon the termination conditions, including the
effective date and, in the case of partial termination, the portion to be terminated.
- By 30 days written notification by the Partner to the Forest Service setting forth the reasons.
for termination, effective date, and in the case of partial termination, the portion to be
terminated. If the Forest Service decides that the remaining portion of the Master Stewardship
Agreement must not accomplish the purpose for which the Master Stewardship Agreement was
made, the Forest Service may terminate the award upon 30 days written notice.
If, in the case of a partial termination, the Forest Services determines that the remaining portion
of the Master Stewardship Agreement will not accomplish the purposes for which the Master
Stewardship Agreement was made, the Forest Service may terminate the Master Stewardship
Agreement in its entirety.
16
Upon termination of an Master Stewardship Agreement, the Partner shall not incur any new
obligations for the terminated portion of the Master Stewardship Agreement after the effective
date, and shall cancel as many outstanding obligations as possible. The Forest Service shall
allow full credit to the Partner for the United States Federal share of the non-cancelable
obligations properly incurred by the Partner up to the effective date of the termination. Excess
funds shall be refunded within 60 days after the effective date of termination.
RR. ALTERNATE DISPUTE RESOLUTION - PARTNERSHIP AGREEMENT. In the event of any
issue of controversy under this Master Stewardship Agreement, the parties may pursue Alternate
Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include,
but are not limited to conciliation, facilitation, mediation, and fact finding.
SS. DEBARMENT AND SUSPENSION. The Partner shall immediately inform the Forest Service if
they or any of their principals are presently excluded, debarred, or suspended from entering into
covered transactions with the federal government according to the terms of 2 CFR Part 180.
Additionally, should the Partner or any of their principals receive a transmittal letter or other
official federal notice of debarment or suspension, then they shall notify the Forest Service without
undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or
involuntary.
TT. COPYRIGHTING. The Partner is granted sole and exclusive right to copyright any publications
developed as a result of this Master Stewardship Agreement. This includes the right to publish and
vend throughout the world in any language and in all media and forms, in whole or in part, for the
full term of copyright and all renewals thereof in accordance with this Master Stewardship
Agreement.
No original text or graphics produced and submitted by the Forest Service shall be copyrighted.
The Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce,
publish, or otherwise use, and to authorize others to use the work for federal government
purposes. This right shall be transferred to any subcontracts.
This provision includes:
. The copyright in any work developed by the Partner under this Master Stewardship
Agreement.
. Any right of copyright to which the Partner purchases ownership with any federal
contributions.
UU. PUBLICATION SALE. The Partner may sell any publication developed as a result of this Master
Stewardship Agreement. The publication may be sold at fair market value, which is initially
defined in this Master Stewardship Agreement to cover the costs of development, production,
marketing, and distribution. After the costs of development and production have been recovered,
fair market value is defined in this Master Stewardship Agreement to cover the costs of marketing,
printing, and distribution only. Fair market value must exclude any in-kind or federal government
contributions from the total costs of the project.
VV. MODIFICATION. Modifications within the scope of this Master Stewardship Agreement shall be
made by mutual consent of the parties, by the issuance of a written modification signed and dated
17
by all properly authorized, signatory officials, prior to any changes being performed. Requests for
modification should be made, in writing, at least 30 days prior to implementation of the requested
change. The Forest Service is not obligated to fund any changes not properly approved in advance.
WW. COMMENCEMENT/EXPIRA TION DATE. This Master Stewardship Agreement is executed
as of the date of the last signature and is effective through December I, 2019.
XX. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of the individual parties are authorized to act
in their respective areas for matters related to this Master Stewardship Agreement.
The authority and format of this Master Stewardship Agreement has been reviewed
and approved for signature.
Date
U.S. Forest Service Grants & Agreements Specialist
In witnesss whereof, the parties have executed this Master Stewardship Agreement as of the last date
written below.
, Date
, Date
USDA Forest Service, National Forest
Burden Statement
According to the Paperwork Reduction Act of 1995, aOn agency may not conduct or sponsor, and a person is not required 10 respond to a collection of information unless it
displays a valid OMS control number. The valid OMS control number for this information collection is 0596-0217. The time required to complete this information collection is
estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's
income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of
program informalon (Braille, larye print, aud~tape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TOD).
To file a complaint of discrimination. write USDA. Director, Office of Civil R~hts, 1400 Independence Avenue, SW. Washington, DC 20250-9410 or call toll free (866)632-
9992 (voice). TOD users can contact USDA through local relay or the Federal relay at(800) 877-ll339 (TOD) or (866) 377-ll642 (relay voice). USDA is an equal opportunity
provider and employer.
18
CITY OF
ASHLAND
Council Communication
Economic and Cultural Granting Process Discussion
Meeting Date:
Department:
Secondary Dept.:
Approval:
January 19, 2010
Administrative Services
None
Martha Benne
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
None
30 Minutes
Question:
What changes should be considered for the FY 2010-2011 Budget and process to allocate Transient
Occupancy Tax (TOT) proceeds through the Economic and Cultural granting process?
Staff Recommendation:
Staff asks Council to review the included information and consider changing the Economic and
Cultural Granting process. Four options are discussed below: (1) includes little or no change, (2)
includes clarification of criteria to allocate and desired outcomes, (3) simplifies the process by
reducing the number ofrecipients directly awarded but requiring larger recipients to meet outcomes,
(4) uses internal staff to allocate amounts, removing the process from the budget committee, similar to
what was done in 2002 for the CDBG program.
.
Staff recommends option #4 because it is most similar to how we allocate CDBG funds. Option #3
also has considerable merit. Staff is concerned that "no changes" may cause a split or reversed
decision by the Budget Committee late in the process as with the 2010 budget.
Background:
The City uses Transient Occupancy Tax proceeds to fund economic and cultural programs and General
Fund services. Resolution 2008-35 is the current document that addresses how the proceeds are
allocated and for what purposes. The City must comply with restrictions identified in Chapter 818 of
Oregon law.
Council has frequently revised this grant process and has changed the basis for allocating; the
outcomes desired; the criteria for evaluating grant proposals; and the general granting process
(including timing).
The Social Services granting process works better as a two year award because:
a. The need for continuity in health and welfare programs.
b. Funding of these programs is an integral part of the General Fund goals and services.
The E&C grants have been one-year because of the larger overall granted amount, a history of
changing goals of the system, the types of programs proposed by applicants; and changes in economic
conditions.
For FY 2009-2010 the City adopted the following revenue projection and bifurcated allocation of TOT
proceeds:
Page I of3
r.l'
CITY OF
ASHLAND
Projected TOT proceeds
Allocation:
Non-tourism
Tourism
Projected TOT proceeds
$1,720000
$1,262,079
$457,921
$ L720 000
At this time any projection for FY 2010-2011 would be premature since receipts for the October
through December quarter will not be known until the first week of February. Staffrecommends using
$ 1.7 million for discussion purposes with more specific data being brought forward in the budget
process. Using $1.7 million as TOT proceeds would mean approximately $452,600 would need to be
spent on Tourism in the coming year.
Potential Options:
1. Do nothing. Resolution 2008-35 does have criteria for this program' and makes a general
allocation to categories. This presumes the confusion that developed in the budget process last
year was an isolated situation and that leaving the process "open" for budget sub-committee
interpretation allows flexibility that addresses changes in the community, in the services and
programs funded by this tax and trends in economic conditions. It also employs the Budget
Committee to decide what monies are granted to whom within the constraints of the resolution.
A benefit ofthis process is the interaction between the Budget Committee members and the
public in crafting a recommendation for approval and eventual adoption by the Council.
2. Change the resolution to provide clearer direction to the sub-committee more in line with the
outcomes desired by Council. If the Council feels the overall guidelines in Resolution 2008-35
are specific enough, Council can refine that criteria. Adhere closely to the overall process and
established goals identified in the resolution, including General Fund support. Change the
grant application to better request outcome based reporting. The Budget Committee continues
to detenninethe grant awards within the constraints of the resolution with eventual adoption by
Council.
3. Simplify the budget process by changing the resolution to grant all tourism related funds to a
defined list of recipients (the Chamber, OSF, AIFF, Science Works?) to be compliant with state
requirements. Use the unrestricted economic and cultural funds internally or through a few
recipients to accomplish elements of the City Council Goals. General Fund support remains
consistent. This recommendation begin~ to simplify the approach and should reduce the
amount of time in the annual budget process but engages the Budget Committee, applicants and
general public less than in the existing method.
4. Change the resolution to use an internal process to deal with tax proceeds. Total tourism and
non-tourism amounts, in general, would be included in the proposed budget. A small group
(elected officials, staff, relevant advisory commissions) could accept proposals from the public
and submit recommendations to Council. February is a likely time for a coming fiscal year but
it could be done at a different time more appropriate for a calendar year perspective. The
proposals would be measured against identified Council goals. Approved uses would be
incorporated within the proposed budget. General Fund support would remain consistent unless
Page 2 of3
r~'
CITY OF
ASHLAND
otherwise identified for the proposed budget. This option will require Council to provide clear
policy direction. This process is very similar to the way the City allocates CDBG funds, which
had previously had similar problems as these E&C grants.
. The attached documents provide detail surrounding Resolution 2008-35, history and the general
process. Granting TOT proceeds is also addressed in the City's Financial Management Policies
touched upon at the January 4,2010 study session.
Staff asks Council to review the included information and consider changes. The Citv must spend the
estimated amount for Tourism on Qualifying expenditures to be compliant with the State. The
remaining amounts can be spent on internal or external programs as identified bv resolution or they
could be left as general revenue unrestricted within the General Fund. The General Fund relies heavily
upon the $1 million or more of unrestricted proceeds from this tax that help pay for general services
each year.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
!
Council Potential Motions:
Council moves to accept option
above (as amended?) per Council discussion.
Attachments:
E&C Grant Program Summary memo dated December 7, 2009 & attachments
Resolution 2008-35
City council meeting minutes of February 17,2009 (page 5-8 cover TOT)
Economic and Cultural Development Grant History FY 2000-2010
FY 2009-2010 E&C application and contract
Page 3 of3
~~,
Memo
CITY OF
ASHLAND
DATE:
December 7,2009
TO:
Lee Tuneberg, Administrative Services/Finance Director
FROM:
Bryn Morrison, Account Representative
DEPT:
Administrative Services
RE:
Economic and Cultural Development Grants
The Economic and Cultural Development grant process for FY 2010-11 will begin with the appiications
becoming available to potential grantees on February 23,2010. The applications become available to
the smaller organizations along with the current Resolution which the funds are granted through, along
with the estimated funds available, The applicants typically have 3 to 4 weeks to complete and return
the applications. Staff then briefly reviews the applications for completeness only and then distributes
them to a Sub Committee of the Budget Committee. The Sub Committee has approximately two weeks
to review the applications and then the applicants are asked to present their requests in person to the
Sub Committee. The Sub Committee hears all the presentations in one evening and then gathers again
to discuss the allocation of these funds to be approved and forwarded to the full Budget Committee to
be adopted with the budget.
Currently, Resolution 2008-35 and Council direction at the February 17,2009 meeting dedicated the
amount of the Transient Occupancy Tax (TOT) to be distributed as follows: .
Adopted 2010
Expense:
Non Tourism:
General Fund
Stiategic Planning
Small Grants
Total Non Tourism
Tourism:
Chamber of Commerce VCB
OSF
Small Grants
Public Art
City Projects
Total Tourism
Total Economic and Cultural Development Funding
$
1,000.000
150.000
112,079
1.262.079
$
$
275,000
110.000
45.000
13,738
14,183
457.921
1.720.000
$
$
ADMINISTRATIVE SERVICES DEPARTMENT
D. L Tuneberg, Director Tel; 541-488-5300
20 East Main Street Fax: 541,552,2059
Ashland, Oregon 97520 TTY: 800,735-2900
www.ashland.or.us
r~'
CITY OF
ASHLAND
Memo
Council set the above dollar figures for the grants for FY 2009-2010, and directed staff to bring back to
them a revised resolution. This has not occurred as of yet, pending direction from Council.
Resolution 2008-35 specifies in Section 2 the goals the Budget Committee is attempting to meet by
granting money to applicants, however it does not prioritize these goals. Only the Tourism
requirements of Chapter 818 of Oregon Law dedicates a minimum of $186,657 or 14.23% of the total
Hotel/Motel tax revenues to be expended on tourism promotion as well as 70% of any increased TOT
revenue that is generated be committed to tourism.
It would be beneficial for issues such as prioritization for the funds, performance measures for the
funded organizations as well as accomplishment reporting, and application and contract revisions be
addressed before the applications are distributed. A prioritized iist of the criteria, and any direction the
Council would like to offer the Committee, would be helpful for evaluating and allocating the funds to
the small grantees.
Attachments:
Resolution 2008-35
Ashland City Council Minutes of February 17, 2009
Economic and Cultural Development Grant History FY 2000-2010
FY 2009-10 Economic and Cultural Development Application and Contract
CC: Cindy Hanks
ADMINISTRATIVE SERVICES DEPARTMENT
o. L. Tuneber9, Director Tel: 541-488,5300
20 East Main Street Fax: 541,S52,2059
Ashland, Oregon 97520 TTY: 800,735-2900
www.ashland.or.us
~~,
RESOLUTION NO. O\co8 - 3S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ASHLAND REITERATING ITS POLICY RELATING TO THE
EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL
DEVELOPMENT TO THE HOTEUMOTEL (Transient
Occupancy) TAX AND REPEALING RESOLUTION 2007-08.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2.
The following are the goals which the Budget Committee is attempting to meet by
granting money to applicants for:
a) Tourism Promotion:
1. Attract someone who travels to Ashland from more than 50 miles away to attend
an event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
1, Promote increased number, variety and size of employers.
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to 100 people or is locally owned,
4. Encourage use of local resources.
5. Work with Southern Oregon University. espeCially for international commerce.
6. Encourage businesses that efficiently use water and minimize their impact on the
environment such as water and air pollution or creation of toxic waste.
c) Cultural Development:
1, Increase the number. variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
3. Showcases local talent
4. Work with Southern Oregon University on cultural programs
SECTION 3,
The City of Ashland has determined that as of July 1,2003. $186,657 or 14.23% of
total Hotel/Motel tax revenues were expended on tourism promotion. as defined in
Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT
revenues budgeted, Additionally, Chapter 818 requires 70% of any increased TOT
revenue generated by a higher tax rate is committed to tourism promotion.
Beginning in Fiscal Year 2009-2010, the City Council will appropriate:
1- 100708 TOT Revised Resolution.res
----~--~_._----~-~------.-t. ---
1. A minimum of 14,23% of the estimated TOT revenue to be generated by the first
7% tax rate for tourism promotion per Chapter 818,
2. A minimum of 70% of the estimated TOT revenue to be generated by additional
tax rates approved by Council on June 3, 2008 for tourism promotion per
Chapter 818.
The amount to be calculated and appropriated for tourism through the budget process
with the following percentage distribution:
Chamber of Commerce VCB 43%
Oreqon Shakespeare Festival 23%
Economic and Cultural Development Grants - Tourism 21%
Public Art 3%
RemaininQ to tourism projects determined in bud9~!J~rocess 10%
The remaining TOT revenue (not restricted by use) calculated and appropriated for
other uses through the budget process with the following priorities and dollar amounts
as minimums unless insufficient tax proceeds remain after meeting tourism
requirements:
1 st Priority , General Fund operations - the greater of 70% of $1,000,000
Unrestricted funds or
.
2nd Priority City Economic Development program the greater of 10% $150,000
of Unrestricted funds or
3rd Priority Other non-tourism projects determined bv Council Remainina
Economic Development programs or other projects are City activities unless otherwise
specified by Council prior to the budget process. Council may determine that such
funds are available for Economic granting purposes and they will then be made
available for the coming budget process and allocation.
If insufficient TOT revenues are generated for the above allocations, the highest priority
uses will receive their full allocation before a lower priority allocation.
By January 31 of each year each recipient of a grant shall submit a report to the city
council setting forth how the grant funds received were expended in furtherance of the
goals set forth in Section 2,
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501 (c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2,500.
e) The grant wili benefit Ashland in regards to enrichment and activities of an
economic nature.
t) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
2- 100708 TOT Revised Resolution.res
services performed or provided within the City of Ashland or immediate areas.
SECTION 5. Resolution 2007-08 is repealed upon passage of this resolution.
SECTION This resolution was duly PASSED and ADOPTED this ~ . day
of , 2008, and takes effect upon signing by the Mayor.
~~
arbara Christensen, City Recorder
SIGNED and APPROVED this /0 day of tlcfi;" &...r-
,2008.
Reviewed as to form:
ison, Mayor
3- 100708 TOT Revised Resolution,res
Attachment: Allocation for FY 2008-2009 only.
Table Revised for New Tax 1011108 Estimation
Starting 10/1/08 Staff Recommendation
TOTAL REVENUE $1,775,000
Subtotal Non Tourism I $1,383,000
. Genefal Fund $1,017,000
. Small Granls $116,000
. Chamber Economic Dev, $80,000
. CitY Economic Dev.lSlrnleoic Plannino $170,000
Sublolallourlsm $392,000
. VCB granl I $22S,00O
. OSF $120.00-0
. Small tourism arants $9,000
. Public Art $9,000
. Qualified dtv oroiects $29;000
4- 100708 TOT Revised Resolution.res
Transient Occupancy Tax Allocation
Percentages derived from 4/15/08 City Council Direction and Resolution 2008-35
Approved 10/1/08 TOT
Distribution: Increasing
from 7% to 9%
. I
! Council I
I Direction for i
FY 2008-09 I
% of i FY 2008-09
Category I Estimate
,
Per Resolution I'
for 2009-2010
Projected i
, tll
---,- ~ !
Sub!p_t'!!J::l.?Jl,!()uris"!.._.., i J1.383,000Ln90/~~__'1.Q.0:Q.!o ,$1,3~2;~33
O1illi()'2!-'~L___ ______ ..__L, $1.,P!?.cQ5~pL_~:~o/~L__?3.5o/r, .~1;q,ili,ggq,
. Small Grants ! $116,0001 6,5%1 8.4% ' ;'.$1lf6;OOO'
. Chamber Economic Dev-:--l $80.oooT-'-4.5%!--"'5~8% ":'~$'8Ploo01
Strategic Planning .- I, , .L1L'~1'Ll,,:j:i!~Jt
(10%1$150.000)(..) ._. __?_1!.2.~00i__~~6%L_'12,3% .'s';'JJ$~9;9.:l~
by Council prior to budget .
process
I
$1,262.079T 73.4% 100.0%
. ...' $'ljOil];ii'(jOr~81.,i, -:.)"7912%
$0 0,0% 0.0%
$0 0,0% 0.0%
+-. $392.000i 22.10fo! 100.0.%,~IT$353ti)67: $457.921J" 28, .6%
· VCB grant I $225,0001 1?..!%l_i~.4% ,,'!~'~~~"MqJ $196,90~ 11.4%
.OSF . $120,000i 6,8%! 30.6% '..,,$1~P;O,OO, $105.3221--611%
-;-Smaillouris;;;g;a;;i;;-'--I---'$9.000!--0.5%1-2~3o/~ "l';$8iQ~i. ----S96~i63t-5.6%
-;pubficAit-----r--S9.000j---o:s-o;;-2.3% '1fl':,.l"">!"$O --.. . $"13.7381 0.8%
projects ----------:::--=-:._--=-r- $29.l?Q.~r.~~f6%1- 7.4%'V;rf,i'ftl,;Auso, $45,7921 2.7%1!III1;O!Oio/.;
,.-----,-- - '. ..'--0' ".., ......__:.______.__~---.--..--_ -----1----'-,:-----
a, The greater Of $! .000,000 Of 70% of 'all, proeettd$ oot d~icmed to lourism, , f I
b The 9re~;;;;;$-lso.-000C( lo%or~:~~'~~~~~~ t;;;'~;~'-'-' ~ I. - -----=-~~~~C-l - '~--~r--T--"-"" ,..-..----
;;: GraY scale percentages Ofe IdcrrtJlleQ ,n ltle resolullon TOUrism t;tol ~pftes Wllh Slate reqUIrements (1423-% of II r I
in" 7% '" ",..-. """ 70% 01 """"".I<om ""''',ona' 2\,,",): I . T I ----r
ASHLAND CIT!' COUNCil. MEETING
February 17. 2009
PAGE I of9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 17,2009
Council Chambers
1175 E. Main Slreel
CALL TO ORDER
Mayor Stromberg called the mecting to order at 7:00 p.m. in Ihe Civic Center Council Chambers.
ROLL CALL
Councilors Voisin. Navickas, Lemhouse, Jackson and Silbiger were present. Councilor Chapman was absent.
MA YOR'S ANNOUNCEMENT OF BOAR!) AND COMMISSION VACANCIES
Mayor Stromherg annouuced Ihal applicalions arc heingacecpted for the annual appoinlments to Commissions
& Committees and the deadline for submitting applicalions is March 13, 2009.
,
SHOUL!) THE COUNCIL APPROVt: THE MINUTES OF THESE MEETINGS?
The minutes of rhe Regular Council meeting of February 3, 2009 were approved as presented.
SPECIAL PRESENT A nONS & A WARDS None.
CONSENT AGENDA
I. Does Ibe Council accept Ibe Minutes of Boards, Commissioos, and Committees?
2. !)oes the Council wish to approve a Liquor License Applicalion from Anne Rool dha Myron Rool &
Co. at 17 N. Main Slreel?
3. Does Ihe Council wish 10 confirm the Mayor's appoinlmenl of Laurence Blake 10 Ihe Planning
Commission witb a term to expire April 30, 2009?
4. Does Ihe Council wish 10 eonfirm Ibe Mayor's appointment of Ibe follo,,;ng individuals lor Ibe
newly formed Trnnsportation Commission?
. Term 10 expire April 30, 2012: Mati Warshawsky, Eric H_cker, David Young
. Term to expire April 30, 2011: Colin Swales, Julie Sommer, Brenl Thompson
. Term to expire April 30,2010: Tom Burnham, John Gaffe}'
5. Will tbe Council, acting ns Ihe Local Conlrnct Re,'iew Board, appro,'e the additional public
conlracts required to complete tbe I)jslrihulion Rack Expansion Project at the Mountain Avenue
Substalion?
6. Will tbe Council approve two contracls for nexible surveying services Ihal will exceed a 24-monlh
contract period and may exceed the S50,000 contracllhreshold?
7. Does Ihe Council wisb to approve a Liquor License Application Irom Lisa Beam dba Sesame Asian
Kitchen at 21 Winbnrn Wa}'?
8. !)oes Couneil have any,questions about Ihe quarterly financial report as presented?
Councilor Voisin requested thaI Consent Agenda item #6 he pulled for discussion.
Councilor JacksontLemhouse mts to approve Consenl Agenda items #/1-5 and #/7-8. Voice Vote: all
A YES. Motion passed.
Engineering Services Manager Jim Olson explained the Counci I approves contracts that exceed 24 months or
$50,000. The contract hefore them is for two years wilh two addilional one-year contracts 10 cover possible
extensions. It was unlikely Ihe project would exceed $50,000 and presenting the contract in Ihis fonnal
provided time and cost savings to Ihe City,
Councilor VoisinfLemhouse mt. to approve Consent Agenda ilem #/6. Voice Vote: all A YES. MOlion
pas..ed.
",...,
.4SIILANI) Cln COUNCIL MEETING
February /7. 2009
/'AGE 2 oJ9
PUBLIC HEARINGS None.
PUBLIC FORUM
Zach Bromhaeher/640 Tolman Creek RoadNoiced concern with tmck congestion near his property when
the fre~way is closed due to weather and requested the City provides police direction. He addcd the lights on
Siskiyou Bouievard were inadequate"and that the Croman development will increase traffic in the area and
suggested having another interehange on Siskiyou Boulcvard.
.Julie Normall/596 Helman SlreetJSpoke regarding a proposed ordinance on the Water Resource Protection
Zone that will be on the CityConncil Agenda March 3. 2009 and extended an invitation to a meeting Febnmry
25,2009 to build on the infornlation already gathered.
Mayor Stromberg added he was hosting a community dialogue the same night, Febmary 25. 2009 in the
Gresham Room at 7:00 p.m. to discuss the use of chemicals in watercourses.
Arlen Gregorio/474 Williamson Way/Shared the problems with glare neighbors arc having due 10 the
lighting at Falcon Heights (479 Russell Street). He stated there is warehouse Iype lighting on the (14) fourteen
eXlerior lights with (4) four additional.lights on balconies that have not been lit yet. The building is above the
neighborhood and the lighting disturbs sleep and affeets the streelSCape. The developer made some
adjustments but it is still excessive and intrusive. He asked the Council to set a hearing to look into the
possibility that this could be a public nuisance under Section 9.08,190 and to strengthen the ordinance,
,Janel Tuneberg1327 Starnower LanelExplained her home is exposed to the orange light from the back of the
building and (8) eight lights from the streetseape not including the balcony lights, The second story lights are
often on all night and not~xi additional (6) six streetlights along Russell Street. '!1lC lighting is overkill, looks
very industrial, and eliminates the night sky.
Surya Bulow/470 Williamson WaylNoted her house is flooded with light from the 479 Russell Street
development all night long, disrupting her sleep patterns even with the blinds closed. She was concerned with
the quantity and type of lights used and that the lights were on continually. The developmcnt is the entire
south side of her property. With lights lit during the day, she is unable to open her blinds because of the glare.
She added the lights from the storage unit and roof create a glare. She would appreciate motion lights and
stated the current lighting makes the devclopmcnt look like a factory or prison.
Cheryl Briggsl472 Williamson Wa)'lExplained her propcrty is directly behind the dcvelopmcnt and the glare
in her bedroom make it difficult to rest. Shc would support thc Council's consideration that the lighting is a
public nuisance and would appreciate any help the Council could provide. .
Councilor LemhouseNoisin m/s to place item on agenda fordiseussion. Voice Vote: all A YES. Motion
passed.
Monica TrockerlNoted the history for managing cougars is to kill them and hoped that process would be
reconsidered. She expressed concern on the number of people present during the incident that should not have
been there, She suggested ongoing education on living with wildlife versus having to kill them.
Sally MuckIerlExplained she is the Wildlife Chair for the Oregon Chapter of the Sierra Club and explained
that Clay Street is somewhat of a wildlife corridor. Oregon State ordinance allows public killing of bears and
cougars for safety reasons, Ms. Mackler did not believe this incident reached that bar. The State rule is not to
re-Iocate bears or cougars; the response is always to ki II them, Public safety is a matter of concern but there are
other ways to deal with these situations and even prevent them from occurring using non-lethal control
methods prior to going to lethal. She encouraged the City to consider non-lethal methods. The best way to
prevent these types of conflicts is to educate people on how to deal with wildlife and how to avoid
confrontations. Research over decades show that constantly killing the cougar population disrupts its social
'. .
AS/lLAN/) CITY COUNCIL MH;71NG
February Ii. 2009
PAC" 3 a/9
system and actually ereales better conditions for conflict witb bumans, by removing the adult cougars, tbe
younger juveniles move in and they are the age-class stmcturc likeiy involved in conflict. Fifteen cOugars have
been killed in Oregon over the last 15 years is possibly contributing to currcnt conflicts. The public nccds to
be beller .'ducated about big predators and wildlife and learn bow to minimize conflict by keeping tbings tbat
atlract wildlife in check,
Elise Thiel/321 Clay Slreet/Commented on ber personal experience on viewing the cougar and tbe
consequences she and ber daughter suffered due to what they witnessed. Sbe suggested tbe City adopt a
coherent policy for Ashiand Police on bow to proceed witb large predators. Sbe noted Jackson Wyoming's
threc-strike policy wherc cougars arc tagged and movcd out of town, iftbe cougar returns, tbe third time it is
terminated. She cncouraged the City to establish a bear and cougar frieodlypolicy where animals arc removed
in a humane and respectful manner.
Helene De Martine7J321 Clay Street/Stated that the City of Ashland is trying to become a sustainable City
where people want to visit and experience all of its beauty. wbich includes wildlife. She requested that policy
be adopted that law enforcement, public figures and citizens could follow. She commented that during tbe
incident, the Ashland Police were calm, sensitive to the situation and trying to protect the citizens tbat had
gathered, The City should research other States where the policy is tranquilizing and transferring wildlife,
Karen Salley/801 Pinecresl'Tcr"'dce/Requestcd that the City of Ashland to crcatc a policy and eventually
change Oregon State code on wildlife. Sbe shared infornlation on tbe wildlife policies from other states.
Larry Laitner/801l'inecrest Terl1lcelExplaincd that 15 people have becn killed due to cougar attacks in the
entire United States since record keeping began and that the risk of a cougar attack is low. He asked if it was
appropriate for public safcty people, the police and wildlife officials to protect every individual from every risk
and suggested that individuals should be responsible for their own welfare. Public education efforts to inform
people of some of these risks would be beneficial. He felt that Oregon Dcpartment of Fish & Wildlife's
(ODFW) policy is out-dated and it is not reasonable to kill cougars that just appear in Ashland. An acceptable
approach would have been to do nothing. He asked the Council to fonn a citizen commission to work with
City and State Police, ODFW, the Counci I and community on establishing a policy that reflects modem values.
Councilor NavkkasNoisin mls to place item on agenda under Other Business From Council. Roll CaU
Votc: Councilor Navickas, Voisin, Lemhouse, Jackson, Silbiger, YES. Motion passed,
UNFINISHED BUSINESS
L Does the City Council agree with the recommendations of Mayor Stromberg, Councilor .Iacl<..on,
and Councilor Voisin regarding 2009 City Conncil Goal Setting?
Councilor Voisin stated that the City should not pay for a facilitmor and that an effort to find someone in-house
or free from tbe Rogue Vallcy Council of Government (RVCOG) would be the beller solution. City
Administrator Martha Bennell noted the meeting was scheduled for March 14,2009. Councilor Jackson
emphasized that goals be short ternl, address the current economic situation in the community and that staff
make additional information available at tbe meeting or prior to the meeting about the Strategic Sustainability
Plan. Council requested staff provide them goals that they thought had the most impact and were achievable for
the community in a 12-18 month period. Ms. Bennell responded staff would bring a draft agenda and
homework assignments to the next Council meeting.
NEW AND MISCELLANEOUS BUSINESS,
I, Will the Council direct staff to begin the process of adopting the Croman Mill Site Redevelopment
Plan and to prepare the necessary accompanying Ashland Land Use Ordinanee and Comprehensive
Plan Amendments?
Councilor Silbiger declared a conflict of financial interest and asked that the Council recuse him from the
discussion.
.. ,
ASIILAND CIn'COUNClL MEETING
Febr/lary 17. 2009
I'AGf; 4 of9
Councilor Voisin/Navickas mls to allow Councilor Silbiger be re<:used from this discussion.
Voice Vote: all AYES. Motion passed.
Councilor Silbiger left the room at 7:58 p.m.
Community Devclopment Direelor Bill Molnar and Planning Manager Maria Harris provided a presentation
Ihat included:
Oregon Statewide Planning Goal 9 Economic Development
Economic Opportunity Analysis 2007
Draft Plan Development Timelinc 200712008
Ashland's Employment Centers - Maps and Aerials of Ashland's Commercial, Employment and
Industrial Zones C-J, C-l-D, E-I, M-I and acreage
Draft Plan Contents - Goals and Objectives
. Balaneed circulation system for bikes, autos, pedestrians. tnleks and transit
. Create an identity for the area
· Preserve roil access for commuters and freight
. Provide for a large number of family wage jobs
. Allow for light industrial and manufacturiug
. Allow for a mix of uses
. Evaluate funding opportunities for specific infrastructure improvements
. Mandate sustainable and green development codes - may require addirional funding ontside of
property owners
. Develop standards for "dark skies"
Context - Plan Concept - MapslPhotos
. Croman Mill Site Redevelopment Plan
. Office and Employment District with a target of 60 employees per acre
. Compatible Industrial Distriet - clean/sustainable industrial uses with a target of 25 employees per
acre
. Neighborhood Center - housing and small scale pedestrian oriented commercial center to serve
neighborhood, employees and people using the transit line
. Open Space containing Centrol Park, Transit Plaza and enhancing the creeks that nln alongside the
property - mandating and funding for these areas will be detennined by the Council
. Signature Street & Centrol Park
. Street framework
. Pedestrian and Bicycle Framework
. Transit Framework
. Parking
. Green Streets and Parking Lots with 50% pervious paving for parking lots and require enough trees
for 50% shade cover
Implementation -Priority Projects
. Adopt Croman Mill Redevelopment Plan
. Create and Adopt Zoning Overlay
. Update Comprehensive Plan and Transportation System Plan
. IdentifY feasibility of Urban Renewal District and Plan
. Develop a Parking Management and Funding Strategy for Structured Parking
Next Steps
. Council Initiates Process of Adopting Draft Plan
- -.-- --..--.. '"
ASHLAND CITY COUNCIL MEETING
February 17, 2009
PAGE 5 of9
. StafT Develops New Zoning District and Chapter for Ashland Land Use Ordinance with Necessary
Comprehensive Plan Amendments '
. Planning Commission/City Council Study Session and Public Hearing Proccss
Draft Croman Mill Site Redenlopment Pllln www.ashland.or.us/croman
Jerry l'owelll2S6S Eagle Creek Lane/Requested further information on funding for this development and
questioned a proposal for an II-story building. He thought the height would obstruct the natul'lll benutyand
requested a height limit for the huildings,
Mayor Stromberg clarified the nClual height limits would be worked out in the process of implementing the
plan and would not be implied at this point.
Councilor Jaekson/Lemhouse m/s to direct staff to initiate the planning for creating a Croman Area
Mllster Plan. DISCUSSION: Councilor Jackson, Lemhousc and Voisin thought it was a great opportunity
and public comment would be taken seriously. Councilor Navickas supported the concept but had concerns
regarding height issues. the plan was not as eeo oriented as proposed. Other issues were parking and the
potential for hotels in residential areas. Mayor Stromberg agreed with Councils support and observations and
added one major failing for the plan was the need for workforee housing in the proposed area. Councilor
Navickas agreed with the Mayor noting the high-end condominiums built in the E-l Zone dominated
workforce housing.
Roll Call Vote: Councilor Jackson, Navickas, Lcmhouse and Voisin, YES. Motion pas.",d.
2. I>oes the Council wish to consider changes in the allocation of Transient Occupancy Tax (fOT)
revenue different from those dollars and percentages identified in Resolution 2008-35' because of the
projected decrease in revenue to be generaled and changes in economic conditions?
Administrative Services Director Lee Tuneherg presented the stafT report that recommended the Council
consider revising the allocations of TOT revenue, given the impact on the City's grant program from declining
revenue. Staff is predicting $100.000 less in revenue generated than currently budget~>cJ. He explained that
earlier in the year Council had identified how to allocate monies for this year predicting $1,775.000 as part of
the budget process.
With $1,720.000 for 2009-2010 revenue generated from Ihe9% tax, tbe calculation would be $1,262,079 for
non-tourism as opposed to the $1.3 million and $457.921 for tourism. The fonnula and how the resolution is
written shows more allocated towards tourism than non-tourism activities. the targ~'1s suggested in the
resolution leaves $112.079 for small grants and the Chamber for economic development or cullul'lll activities
and more money on the tourism side. TIle resolution requires a shift in the money to meet State requirements.
The question is how to budget for next year and what programs to fund in order to meet the State requirement
, of spending money on tourism,
Mr. Tuneberg clarified the City is required to use $457,92 I for tourism. The percentages used for the
allocations identified by the Council last year could be changed by repealing the resolution. The resolution
allows the Council to make decisions on howtoallocatc in both categories. There is $112,000 in non-tourism
and $45,790 in tourism that through the resolution, the Council decides how to use Ihat money.
City Administl'lllor Martha Bennett commented stafT could bring hack a recommendation for consideration if
the Council wanted to change the allocations.
Councilor Navickas suggested putting the entire $112,000 into Small Grants in the non-tourism related
category and shifting tourism monies so the Visitor and Convention Bureau (VCB) receives $275.000. Oregon
Shakespeare Festival (OS F) receives $110,000. the Small Tourism Grants receive $45,000, Public Art $13,000
and retain the remaining $14,000 as a buffer for the Capital Improvement Program (CIP) projects. The intent
is to look at the original resolution, shift more money into small grants, bave the Chamber of Commerce handle
tours and promotions, and do more of the l'Conomic development on the side of the City.
'''11 I
ASHLAND CITY COUNCIL MEE.l1NG
February /7. 2009
PAGE,60f9
Chuck Youngll313 Cia}' Strcct/Statc-d that he was the Vice President of the Ashland Bed and Breakfast
Network and owner of Country Willows Bed and Breakfast. He n()ted the economic downturn and stated that
the City should increase. not decrease, marketing. The Bed and Breakfast community had eoneems that some
of the TOT money earmarked for tourism would shift towards to non-tourism and wanted to go on the record
as being against shifting funds from that general category.
Tom Olbrieh/356 Alia Street/Stated he was the Execl/tive Director of the SOl/them Oregon Film Festival and
voiced his concern with the shift in percentages. As a non-profit organizJltion, they rely heavilyon City grant
monies that come from non-tourism funding. Mr, Olbrich was glad to see the recommendation to have small
grants' going to norHourism grants, but voiced his surprise 011 the large shift away from something that had
been discussed for months.
Councilor Navickas responded the Council was looking at moving all of the non-tonrism related money into
small grnntees pulling it out of tourism promotion. In the past. many of the grants focused on promoting
tourism but in the end, it did not happen. The Council would rather have the VCB focus on tourism promotion
and give all the economic development money to the small grantees instead.
Pam Hammond/632 Walnut SlreetlStated that she owned Paddington Station and shared some of the tasks
associated with the business. The most challenging is marketing and the Chamber of Commerce provides
marketing through the tourism program. II would be impossible for Paddington Station to provide these
services themselves and there isa nc'Cd to continue to fund the Chamber of Commerce's VCB. As the current
President of the Chamber of Commerce, she hoped the Council had reviewed the Chamber's Annual Repon
and that it was apparenl the Chamber has proved it is the best organiz.ation to carry out marketing and tourism
for the benefit of the City,
Don Anway1212 E Main Street/Stated that he was the General Manager oflhe Ashland Springs Hotel and
current Chairofthe VCB for Ashland. He appreciated the proposal that Councilor Navickas made and stated
that it is imponnnt to organiz.e the money for marketing campaigns thai arc successfu I and provided examples.
II is crucial to kcep the money in one fund and offer to help in small tourism grants and imponant to keep the
amenities of the community alive.
Josh Hamik/555 Siskiyou BlvdlStated he is manager and family owner of the Stratford Inn. He explained
that they had worked hard to meet the cUITent percentage and reinvest in tourism. Taking money away from
Chmnber or VCB and allowing Ihe COllncillo allocate it was not a good decision for the community. He
supported the VCB nnd the Chamber of CommerCe keeping and allocnting the funds,
Mark DiRienzo/931 Beswick Way/Stated he was the Execulive Director at Science Works Museum, Science
Works brings in a completely different demographic 10 the community in tourism, employment and education
and it is important to have funds available to pull people in from out.ide of 50 miles. It is cqually important to
havc a broad markeiing palh and funds avai lable for the Science Works education programs that eXlend to nine
counties. Science Works cannot deliver these services without grant monies. The museum is creating an
economic development benefit by hiring teachers, bringing in summer camp educators as well as people
exiting 1-5 and staying to visit the museum. As much money that can be spread to organizations who arc
bringing in people from beyond 50 miles is critical nnd is the original intent of this money.
Sandra Slattcry/I405 Pinecrest Street/Stated she was the Executi~e Director of the Ashland Chamber of
Commerce. The Chamber's job is to help businesses succeed and the community move through the cUITent
economic situation the best way possible. The Chamber is a partner in.promoling the economy, creating
mnterials to showcase the City, to those interested in expanding or relocating their companies, growing their
families, visiting the community and nccessing the City's organizations and services. Thc Council's suppon 10
the Chamber helps their effort through economic development and the VCB to promote the entire community
and that now is not a lime 10 cut back. The Chamber needs programs and promotions to help the City get
-~,. ,...~..~_._~--_. ,. ----~.--...nr .,
clSIILAND CITY COUNCil. Mf;ETING
February /7. 1009
PAGE 7 0/9
through thL'SC difficult economic times and supports the industry that brings in $3.5 million through TOT and
the Food Beverage Tax. It is imperative to work together in these unprecedented times.
Ms. Slattery provided a letter from Dr. Mary Cullinan, the President of Southern Oregon University (SOU) that
encouraged support for grant monies to SOU and the Chamber of Commerce. SOU depends on the Chamber's
publications and website to attract visitors, employees and studcnts to the region along with the special
partnership the Chamber has with SOU's School of Business and conferences, Dr. Cullinan encouraged the
Council's strong support for economic development and the VCB.
Katherine FlannganlllO E MainlStated she was the Directorofthe VCI3 and marketing for Ihe Chamber of
Commerce, For 27 years, Ashland has relied on the VCB 10 promote the community to visitors traveling more
than 50 miles to Ashland. The VCB mission is 10 promote visitors year round with the prime focus on fall,
winter and spring. The VeB committL"e is comprised of representatives from each of the industries that relate
to tourismlhat rely on the VCB to gain the most effective market exposure for the Ashland experience. The
VCB offers cooperalive advertising opportunities that do more than individual businesses. According to
Travcl Orcgon, every $1 spent on marketing tourism equals $159 in visitor spending and translates to $6 in
State and local tax revenue. Providing the VCIl with funding for promoting tourism brings money into
Ashland and supports the local tax base, Ms. Flanagan appreciated the Council's support through the funding
that enables the VCB to promote Ashland.
Ms. Bennett explained it was the beginning of the grant process and slatl" needed direction on allocation.
Council commented on Councilor Navickas' grdIlt allocalion proposal that consisted ofpuUing the non-tourism
amount into small grants and for tonrism, allocating $275,000 to the VCB, $110,000 to the OS 1', $45,000 to
Small Tourism Grants, $13,000 to Public Art and the remaining $14,000 as a buffer. Clarification Ihatsmall
grantees were not doing tourism promotion and allocating promotion dollars to the VCB would make Ihe
process cleaner.
Council commented that the Chillnber, OSF; Small Tourism Grants would all be affected and that by
allocating $275.000 to Ihe Chamber and giving the Chamber Economic Development funds to the City makes
sense. It was noted that the Council was doing what the people suggested by giving the money to the group
that knows best how to spend it and that the City was constrained by the tourism split requirement on the
funds. Concern was raised that the economic development ponion of the resolution, which allocated $150,000,
would sufler. That it was going backwards to repurpose Ihe economic development to strategic planning and
that Ihe Council should be wary of economic development being a slice of the strategic plan. It was suggested
that a portion of the economic development money should go 10 the Chamber.
Ms. Bennett shared that staff had delayed filling the staff position associated with economic development due
to the decline in TOT, Reducing the funding jeopardizes Ihe Strategic and Economic Development Plans
because it el iminates the staff position for those projects. (flhe Council decided to reduce the amount and shift
funds in grant fonn for economic development, it should not exceed S I 0,000-$15,000.
Council continued Iheir discussion with the following comments:
. Concern regarding repurposing Economic Development to Strategic Planning
. Slrategic Planning has been a council goal for several years
. State law mandates I % in 70% of City's bed tax for tourism which has created this division
. Lack of flexibility to place money targeted for tourism into economic deveiopment
. Need to keep in mind the "big picture" in regards to Economic Development
. Need for staff person to focus on strategic planning with large econpmic development component
Councilor Silbiger noted that this year was for developing the plan, and next year would be for implementing
the plan. Currently the City is a year away from the plan and he could not speak 10 the aetivities associated with
it because lhe plan was not developed. Giving money to the Chamber for economic development would
AS/!/AND CITY COUNCn MEfTlNG
FebnlUry 17. 2009
PAGE 8 of9
maintain what is in place until a plan is developed. Councilor Navickas added this is not the Chamber's
Completc budget, thcy have other revenuc sources they could put into economic development.
Suggestion was made that a cap at $1 12,000 for small gmnts, with additional revenue going to the Chamber
Economic Development was made. Ms. Bennett explained thlll all would n~'Cd to be distributed tbrough the
budget process.
Mayor Stromberg commented that the intention is to have an Economic Development Plan in place and at that
point, no longer deal with tmde offs because it would tmnsfer to the City. Councilor Silbiger clarified the
intention was to have a certain amount of revenue for this coming fiscal year so there would not be these
issues, Councilor Jackson added one of the other purposes of crcating smalllourism granls as a separate
category was to facilitate the distinction that exists wilhin the small gmnls; some are clearly used as tourism.
She was most comtortable witb Councilor Navickas' suggeslion.
Councilor Lemhouse shared Ihe vicw voiced by Councilor Silbiger and asked iflhe City could afford to wait
one ycaron economic development. He was uncomfortable taking money from the Chamber and nOllilling tbe
gap it would create for a year.
Councilor Navickas thought the focus should be on what the Chamber of Commerce wanted to support wbich
was tourism promotion, 111e Council was offering the Chamber thc opportunity to increase tourism promolion,
and wanted to see the Chamber promote lourism in other cities, nol necessarily local events,
Councilor NaviekasIVoisin mls to approve TOT allocation Ihat sets small grunts at $112,000 and change
in non-tourism category, in tourism cntegory Ihe VCS grant would be 8275,000, the OSF grant would
be $110,000, smnlllourism grants would be $45,000, Public Art would be $13,000 nnd change and the
amount allocated to City projects would he $14,000 and cbange and additionally, to direct sta ff to come
back with a revised resolulion,
DISCUSSION: Councilor Silbigcr clarified Ihat that there is no dollar amount that would make sensc without
eating into tbe Economic Development Progmm. Ms. Bennett clarili~>d thai if the projected revenue were less,
it would come out of the General Fund, Economic Development, Public Art and the $14,000 buffer. Mr.
Tuneberg added that if it came out higher it would require a budget tmnsfer for the current year, moving
monies from contingency to spend on tourism, recognizing additional monies that have come in. Councilor
Navickas commented his intent would be to cut into the $14,000 buffer tirst.
Roll Call Vole: Councilor ,Jackson, Lembouse, Navickas, Voisin, YES; Councilor SiIbiger NO,
Motion passed 4-1.
ORDINANCES. RESOLUTIONS Al'lJ) CONTRACTS
1. Should Council approve Second Reading of an Ordinance titled, "An Ordinance Amending the
Ashland Municipal Code Chapter 2.36.030 Initiatives and Referendums - Deposit Required?"
City Attorney Richard Appicello read the title in full.
Councilor Jackson/Lembouse mls to approve Ordinance #2979. Roll Call Vote: Councilor Jack.~on,
Voisin, Lemhou.., Navicka.~ and Silbiger, YES. Motion passed.
2. Should the Council approve a Resolution titled, "A Resolution Establisbing Deposit Required on
any Initiative or Referendum Petition for Final Filing?"
City Altomey Richard Appicello read the title in full.
Councilor Voisin/Jack.'lOn mls 10 appnlVe Resolution #2009-05. Voice Vote: all AYES. Motion passed.
3. Should Council approve Second Reading of an Ordinance titled, "An Ordinance Relating to
Ambulanee Response Times and Amending AMC 6.40.060?"
City Attorney Richard Appicello rcad tbe title in full.
ASHLAND CITY COUNCil. MEET/NG
I-'ebruary 17. 2009
PAGE 90f9
Councilor Lembouse/Voisin mls to approve Ordinance 112978. Roll Call Vote: Councilor Lembouse, .
Silbiger, Jackson, Navickas and Voisin, YES. Motion pas<<"'.
NEW AND MISCELLANEOUS BUSINESS-Icontinued)
3. Discussion regarding lighting on Russell Lane as noted duriog Public Forum.
Mayor Stromberg noted a provision in Chapter 18.72.140-stating lights in one ZOnC cannotshinc directly into
another 7.one. Community Dcvelopment Director Bill Molnar added the code also statcs lighting shall not
directly illuminate a residential area and currently the Planning Department is evaluating the situation on
Russcll Lane. City Administrator Martha Bennett explained the criteria in the code is opened ended and
subject 10 interpretation and applying it to this situation could result in a counter suit form the property owner
saying the City has abused their authority.
City Attorney Richard Appicello explained the Land Usc Enforcement Provision 18.112 contains language
regarding the enforcement of the L~nd Use Code. Mr. Molnar added the project has not received the final
Certificate of Occupancy and the Planning Department was in the process of coming to a determination.
Mr. Appicello further explained there could a planning enforeemenl action depending on the solution. If
Council wanted to change the code, they should do it through legislative action in a possible dark sky
ordinance establishing limitations on lighting that applies everywhere. Ms. Bennett suggested staIT bring a
draft ordinance to the Council if the decision was to pursue a legislative amendment.
Council consensus was to allow staff to continue with the conditions of approval On the Planning Approval
process. address the mitigation oflight, and glare issucs. It was noted that the "dark sky" ordinance has been
on the Council's list of goals for years.
Mr. Molnar stated he has becn working with Russ Dale and the general contractor, who is working with the
neighbors, to evaluate the specific issues. 'There are five or six more lots to develop and with the Planning
Department focusing on lighting for the rcmainder of the project, it would be prudent for the developers to
remedy the situation now. Mr. Molnar will keep the neighbors apprised of the progress and currently was
trying to arrange a meeting for the neighbors and developer to discuss the issues.
4. WiIIlhe Council adopt staff's recommended pavement managcment strategy?
Councilnr VoisinlNavickas mls to appnl\'c staff recommcnded pavement management strategy.
Roll Call Vole: Councilor Navickas, Voisin, Lembouse, .Jackson, Silbigcr, YES. Motion passed.
5. Discussion regarding Wildlife Management Policy for the City due to recent by Asbland Police
shooting of cougar on Clay Street.
Councilor Lemhousc requested staITprovide infonnation regarding the cougar shooting. City Administrator
Martha Bennett explained staIT had spoken to ODFW and would forn'ard infonnatioo when received.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
1:-~
Barbara Christenscn, City Recorder
~C~
City of Ashland
Economic and Cultural Development Grant History
GENERAL FUNO HOO.!)1 FY 01.02 FY02-03 FY03.04 FY 04-05 FY05-06 FY06--01 FY07-08 FY 08-09 FY()9.10
#110 Actual Actual Actual Actuai Actual Adopl~ AdOpted Adopted Adopted Adopted
Economic and Cultural Oe\'clopment Grants $ 386.600 S 384.000 S 387,000 $ 400.000 $ 445.600 $ 458,970 $ 504.650 $ 527.519 S 508.333 $ 542,079
Supp-orlf:d by Resolvtion No # 1998.23 # 2000-25 #2000.25 # 2000-25 #200',32 # 2004.32 # 2004.32 #2002-08 #2007,08 #2008-35
Agency and Program Nama Awarded Awarded Awarded Awardod Awardod Awarded Awarded Awardnd Adopted Adopted
Artattack S $ S 1,000 S 2.500 $ 55.000. S S S S
ArlNow 1,000 1,205
AItWOf'r. Enlerprises 2.500 2,500
Arts Coundl of Southern Oregon 3,600 3.000 3.000 3,500 t.500 3,000 2,181
AShl<Jn<l Artisan Gallery & Art Center 20,000
Ashland Bed and Breakfast Nerwoo: 5.000 7.000
Ashland Community Theatre 1400 ',000 '000 4,000 2,500
Ashland Gallery Association 5.000 2.500 2.000 1.500 5,000 10,500 16,000 16.000 11,000 15.000
Ballel Rogue 7800 5,000 '.500 ',500 5,000 6.000 6.500 4.500 5,000
CtIautauqua PoolS ond Writers ~fd 5,000 ',000 1,500
Communily WOf\.s &.000 7.000 5,000 2,500 2,500
Dancing ?eop~ Company 2,500 2500 ',000
The Gfeen Room 3.000
HorizOI'1m!>OMe 1,000 2.000 1.600
The Jefferson Center 2.500 2~00
Konaway NLl,:a TiIliclJm 5.000
UUlill Arts Guiki of Oregon ',000 5,000 9,000 10.500 5.000 6.079
lomakatsi 1.000
Multi Cultural AsSOCialioo 10,000 2.500
Nuwandart Gal!eTy 2,000 1.500 2,500
Oregon Bed 8, Breakfast GullO j,SOO
Ore{lOfl Stage Woos 6.000 5,000 7.500 ,.500 5.500
Planned Parenthood. Teen Thenter Program 1.500
Rogue Opera 2J300 3.250 2.500 3,000 6.000 6.500 7,000 10.500 7.000 6,000
Rogue Valley Community Oevclopment Corporation 2.500
Rogue Vaney Symphony 4100 '.000 3.500 4.000 6.000 7,000 8,000 12,500 6.710 5.500
ScienceWorks ',500 7.500 12.000 15.000 16.000 18,500 16.567 25.000
S1s'~ouSin9ers 2.000 U50 2.000 4.100 5,000 5,000 3,375 2.500
Southern QregOfl Concert Band 2.500
So. OR Econ. Develop. CoaktlOn. (Emigrant lake Pow.-yow) 3.000 2,000
SOU. Native AmeOCan Studies Program 2,500 3,000 1.500
Souttlem Oregon Film Society (Ashland Independent Film Festiva0 5,000 5.000 3,000 3,000 8.500 14.000 16,000 21,999 19.500 26.000
So\Jthern OfC9Orl Histork;aJ Society 3.600 2.143 7,500
Southern Omgon Repertrry Singers 1.000 2,500 3,375 2.500 2.500
SOWAC 7.400 7,000 4,710 5.714 8,500 9,000 8.000
SlClairProductions 1,000 2,000 4,000 3,500 4.000 5,000 ',000 5,000
1HRIVE 3.71' 6,500 6.7'5 11.000 15,000 15.567 18,000
Theatet !,cewicasa 1.000
You1h Symphony of Oregon 1,400 3,250 2.000 3.000 ',000 5.000 5.000 6,000 1,500 ',000
SUbtotal 49,500 46.000 46,560 52,428 a9.243 117,745 146,086 155,749 125,.'0 157,079
AslHand Chamber of ConYne<<:e 216.400 230,000 232.800 261.1'0 240.'32 245.2" 247.645 255.070 262,/12 275,000
Oregon Shakespe8fe Festival 100.700 107.J35 108.640 122.132 110.000 112.200 113,300 116.700 120.201 110.000
Subtotal 317,100 337.335 341.440 384.472 350.432 357.441 360,945 31'.nO 382,923 385.000
Total S 366.600 $ 383,335 I 388,000 S '36,900 I 439.675 I 475.186 I 501.031 S 527,519 $ 508.333 I 542.079
. No Ioooer in business_ not funded
GIfNtW::tl\BWGET\Ec:oo Cu!uraI D&~ Giems\Gf~~ HlSWy\E C Dc-..oopm&l'll GQtu Hide1y
12!1i'20098.S1AM
P~lol"l
CITY OF
ASHLAND
,,~,
Application for Economic and Cultural Development Grant
. (Revised 2/2109)
DUE March 13, 2009 by 4:00 pm to City of Ashland, Finance Department, 20 East Main Street, Ashland, OR 97520
Applicant/Organization
Mailing Address
City/Zip
Contact Person
Phone No.
Email of Contact Person
Alternate Contact Person
Alternate Contact Person Email
Phone No.
Organization Web Page
Federal Tax ID
IRS Class (Exemption)
Grant Amount Requested (minimum $2,500)
PLEASE ANSWER THE FOLLOWING QUESTIONS COMPLETELY. USE ADDITIONAL SHEETS IF NECESSARY.
1. State the purpose of your organization and mission statement (found in your bylaws. articles of incorporation or
subsequent board adopted mission statements),
2, Give the history of your organization,
Pagel 017
3. Stat,: the purpose of your grant request and summarize the programs/events for which you seek funding,
Program/Event Tille
Anticipated Dates
of Event
Funding Request
Please project when you will reasonably be able to report on how you spent the money
4. How does your proposal benefit Ashland in regards to enrichment and activities of an economic or cultural nature?
5, What percentage (and equivalent dollars) of your request will be used in the following categories per Resolution
2008-35 (attached): Please transfer these amounts as well to the Category Worksheet attached.
Please note: The amount allocated to Tourism, Economic Development, and Cultural Development for.FY
2009-2010 was set by Council on February 17,2009, approximately $45,000 is designated for Tourism and
$112,079 for Economic & Cultural Development. '
Section 2 of Resolution 2008-35:
Percent
Dollars
a, Tourism Promotion'
. Attract someone who travels to Ashland from more than 50 miles away to attend an event
. Attract someone who stays the night in Ashland to attend an event
b, Economic Development
. 'Pro,mote increased number, variety and size of employers
. Encourage wages at or above median wage
. Promote businesses that employ 5 to 100 people or is locally owned
. Encourage use of local resources
. Work with Southern Oregan University. especially fOf international commerce
. Discourage businesses that need water, that emit air pollution, or that create toxic waste
c, Cultural Development
. Increase the number, variety and size of cultural opportuntties in Ashland
. Support diversification of the local economy
. Showcases local talent
. Work with Southern Oregon University on cultural programs
TOTAL
Page 2 of 7
. Use the following ORS 305,824 to assist in developing your number
ORS.305,824
911 (3) A unit of local government that imposed a local transient lodging tax on July 1,2003. may not decrease the
percentage of total local transient lodging tax revenues thaI are actually expended to fund tourism promotion or tourism-
related facilities on or after July 2, 2003.
(5) Subsections (1) and (2) of this section do not apply to a new or increased local transient lodging tax if all of the net
revenue from the new or increased tax.", is used consistently with subsection (6) of this section to:
(a) Fund tourism promotion or tourism related facilities;
(b) Fund city or county services; or
(c) Finance or refinance the debt of tourism-related facilities....
(6) At least 70 percent of net revenue from a new or increased local transient lodging tax shall be used for the purposes
described in subsection (5) (a) or (c) of this section. No more than 30 percent of net revenue from a new or increased
local transient lodging tax may be used for the purpose described in subsection (5) (b) of this section.
(7) 'Tourism promotion' means any of the following activities:
(a) Advertising. publicizing or distributing information for the purpose of attracting and welcoming tourists;
(b) Conducting strategic planning and research necessary to stimulate future tourism development;
(c) Operating tourism promotion agencies; and
(d) Marketing special events and festivals designed to attract tourists,
(g) 'Tourism-related facility.:
(a) Means a conference center. convention center or visitor information center; and
(b) Means other improved real property that has a useful life of 10 or more years and has a substantial purpose
of supporting tourism or accommodating tourist activities.
Tourism is defined as someone who travels 50 miles or more or who spends the night in Ashland to attend an event.
6. Please provide below or elsewhere a narrative or outline explaining what steps will be taken to accomplish each
category's goals.
7, If you do not receive the full amount of your request, how will you use a smaller amount of funds in each category?
Specifically any amount for tourism must be reported on per the financial assistance award contract.
Page 3 of 7
8: How are you working to develop other sources of revenue?
9. Describe interagency/organization collaboration (briefly describe other organizations that you share or cosponsor
services or programs. May include sharing of staff. facilities. equipment or program materials.)
10, What percentage of your total funding is requested in this grant? Please provide a budget for the other funding sources
you receive compared to the budget for the funds received from the City of Ashland,
11, What percentage of your total expenditures goes toward your Ashland program/event?
12. The City of Ashland requires all grant recipients to provide the City with certification of General liability insurance in the
amount of $500,000 or more. naming the City of Ashland its officers and employees as additional insured,
Will you be able to provide this coverage? _
Page 4 of 7
13, Please list all Board members, their occupations. and years on the board.
Name Address Phone Occupation Tille
Term of Office
Page 5 of 7
City of Ashland
Client Demographic Profile
These statistics are to reflect clients/patrons for the last 12 months. Please use estimated
percentages. The sum totals must equal 100%,
Organization Name:
ProgramlEvent Name:
Staff Contact:
Office Location:
Phone Number:
E-mail Address:
For the Twelve month period of:
I.
Client/Patron Age'
Infants 0 to 4 years
Youth 5 to 17 years
Adult 18 to 39 years
Adult 40 to 64 years
Adult 65 and over
Unknown
Total
II. Client/Patron Residence'
Ashland
Rogue Valley
Over 50 Miles
Unknown
Total
III. Staff Residence'
Ashland
Phoenixff alent
Medford
Other
Unknown
Total
IV. Of the Client/Patronage identified above, what percent do you estimate: traveled over
50 miles
Q!stayed over night to attend your event? _
V. How do you track (or estimate) the statistics provided in IV?
VI. Other
Page 6 of 7
CITY OF ASHLAND
GRANTS PROGRAM BUDGET
APPLICANT IORGAN IZA TION:
PROJECT NO.: PROGRAM/EVENT TITLE:
PROJECT PERIOD: July 1, _ to June 30, _
REVENUE
City of Ashland COBG Funds $
City of Ashland General Funds $
Jackson Countv Funds /ldentifv: $
Other State or Federal Funds Ildentifv: $
Other Funds /ldentifv: $
$
$
. $
TOTAL REVENUE $
EXPENDITURES
A PERSONAL SERVICES (Lis( Emoloyees bv Posilion Title)
Total Salaries % of time to project $
1. %
2. %
3. %
4. %
Total Benefits $
1.
2,
3,
4.
TOTAL PERSONAL SERVICES $
B. MATERIALS & SERVICES:
$
$
$
$
$
$
TOTAL MATERIALS & SERVICES $
C. CAPITAL OUTLAY (must constitute oart or all of fundednublic service activity to be eliaible expense)
Eauipment $
Furnishinas $
Other capital expenses /ldentifv: $
TOTAL CAPITAL OUTLAY $
TOTAL EXPENDITURES (Sum of A, B & C) $
Attach additional pages if needed.
Page 7 of 7
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND
20 E Main Street
Ashland OR 97520
(541) 488-5300
FAX: (541) 552.2059
Term of this agreement:
GRANTEE:
Address:
<<Organization.
<<Address'.
<<City>>. <<State>> .Zip_Code>>
Telephone:
July 1. 2009 to June 30. 2010
.Phone_Number.
Category amounts of grant: Tourism:<<Tourism>>
Economic:<< Economic.
Cultural: <<Cultural>>
Budget subcommittee: Economic and Cu~ural Development
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: City grants the identified amount for the stated purpose above, This Grant agreement
(ORS 279A.010 (i) (A) (ii)) is not a pUblic contract for purposes of ORS 279 A-C, ORS 279A.010 (x).
City and Grantee agree:
1. Amount of Grant. Subject to the terms and conditions of this contract. the City agrees to provide
funds in the amount specified above. Grant funds shall be utilized or contractually committed in the
fiscal year for what they are awarded. .
2. Qualified Work. Grantee has represented. and by entering into this contract now represents. that
any personnel assigned to the work required under this contract are fully qualified to perform the work
to which they will be assigned in a skilled and worker-like manner and. if required to be registered,
licensed or bonded by the State of Oregon. are so registered, licensed and bonded, Grantee must
also maintain a current City business license.
3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in this contract
and per Resolution 2008-35 with modifications. if any. made by the budget subcommittee designated
above or City Council.
Grantee will report In writing on the use and effect of granted monies per Resolution 2008-35,
whichever is earlier:
a, Within 90 days of the event completion (Single event applications before June 30. 2010)
b, Or as part of a subsequent application for grant funds from the City. if funding has been
completely used by grantee(Spring of 2010)
c. Or within 90 days of the end of the current budget fiscal year(October 1. 2010)
If Grante,e intends on applying for subsequent grant funds through the City and has not fully used the
previous year's funds. the Grantee must provide a memo acknowledging that as part of the application
process in FY 2010-2011.
If Grantee is awarded $4.000 or more in Tourism qualifying funds, they must report statistical data on
the impact of these grant funds,
All other Grantees are encouraged to submit statistical data on the impact of the grant funds by the
category in which they were funded (Tourism, Economic, or Cultural Development).
4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which
the grant is awarded or this contract is terminated shall be retumed to the City within 30 days of
completion or termination,
5. Financial Records and Inspection, Grantee shall maintain a complete set of books and records
relating to the purpose for which the grant was awarded in accordance with generally accepted
accounting principles. Grantee gives the City and any authorized representative of the City access to
and the right to examine all books. records. papers or documents relating to the use of grant funds.
6. Living Wage Requirements. If the amount of this contract is $18,088 or more. and if the Grantee
has ten or more employees. then Grantee is required to pay a living wage. as defined in Ashland
Municipal Code Chapter 3.12. to all employees and subcontractors who spend 50% or more of their
time within a month performing work under this contract. Grantees required to pay a living wage are
also required to post the attached notice predominantly in areas where it will be seen by all
employees.
7. Termination.
a, Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties,
b. City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract. in whole or in part. effective upon
delivery of written notice to Grantee, or at such later date as may be established by City
under any of the following conditions:
i. If City funding from federal. state, county or other sources is not obtained and
continued at levels sufficient to atlow for the grant;
ii. If federal or state regulations or guidelines are modified, changed. or interpreted
in such a way that the grant purposes are no longer allowable or appropriate for
award under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; 'or
iii, If any license or certificate required by law or regulation to be held by Grantee to
provide the services required by this contract is for any reason denied. revoked,
suspended. or not renewed.
8. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in
this contract or fails to expend the grant funds or enter into binding iegal agreements to expend the
grant funds within twelve months of the date of this contract. the City. by written notice of default to the
Grantee, may terminate the whole or any part of this contract and may pursue any remedies available
at law or in equity. Such remedies may include, but are not limited to. termination of the contract, stop
payment on or return of the grant funds. payment of interest earned on grant funds or declaration of
ineligibility for the receipt of future grant awards.
In the event of termination, City may stop payment or withhold any Grant funds in City's possession
from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds.
In addition. City shall be entitled to recover any administrative costs, including attomey fees or
collection costs if encumbered as a result of Grantee's failure to retum Grant funds. In the event of
termination, if Grant funds are not returned or it is found that Grant funds were misappropriated,
Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are
finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in
addition to any other rights and remedies available to the City under the law.
9. Amendments, The terms of this contract will not be waived, altered, modified. supplemented, or
amended in any manner except by written instrument signed by the parties. Such written modification
will be made a part of this contract and subject to all other contract provisions.
10. Indemnity. Grantee agrees to defend. indemnify and save City, its officers, employees and agents
harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other
damages resulting from Injury to any person (including injury resulting in death,) or damage (including
loss or destruction) to property. of whatsoever nature arising out of or incident to the performance of
this agreement by Grantee (including but not limited to. Grantee's employees. agents, and others
designated by Grantee to perform work or services attendant to this agreement). Grantee shall not be
held responsible for damages caused by the negligence of City.
11. Insurance. Grantee shall, at its own expense. at all times for twetve months from the date of
this agreement, maintain in force a comprehensive general liability policy including coverage for
contractualtiability for obligations assumed under this Contract. blanket contractual liability,
products and completed operations. and owner's and contractor's protective insurance. 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, Liability 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
the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee
shall at its own expense provide the following insurance: Worker's Compensation insurance in
compliance with ORS 656.017. which requires subject employers to provide Oregon workers'
compensation coverage for all their subject workers.
12. Assignment and Subcontracts. Grantee shall not assign this contract or subcontract any
portion of the work without the written consent of City. Any attempted assignment or subcontract
without written consent of City shall be void. Grantee shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them. and the
approval by City of any assignment or subcontract shall not create any contractual relation
between the assignee or subcontractor and City.
13. Merger. This contract constitutes the entire agreement between the parties, There are no
understandings, agreements or representations, oral or written, not specified in this contract regarding
this contract. Grantee. by the signature below of its authorized representative, acknowledges that it
has read this contract, understands it, and agrees to be bound by its terms and conditions.
14. GovernIng Law; JurisdIction; Venue. This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws.
rules or doctrines. Any claim. action, suit or proceeding (collectively. "the claim") between the City
(and/or any other or department of the State of Oregon) and the Grantee that arises from or
relates to this contract shall be brought and conducted solely and exclusively within the Circuit
Court of Jackson County for the State of Oregon, If, however, the claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the Un~ed
States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor. by the
signature herein of its authorized representative. hereby consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of
defense or immunity. based on the Eleventh Amendment to the United States Constitution, or
otherwise. from any claim or from the jurisdiction.
15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this contract within the City's fiscal
year budget. Grantee understands and agrees that City's payment of amounts under this contract
attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this contract. In the event City has
, insufficient appropriations, limitations or other expenditure authority, City may terminate this contract
without penalty or liability to City. effective upon the delivery of written notice to Grantee. with no
further liability to Grantee.
16. Non-Discrimination. Grantee shall comply with all applicable federal. state and local laws. rules,
and regulations on nondiscrimination because of race. color. ancestry, national origin. religion. sex,
marital status. sexual orientation, age. medical condition. or disability.
GRANTEE
CITY OF ASHLAND
By
By
Finance Director
Title
Date
Date
CITY OF
ASHLAND
Council Communication
Implementation of Emergency Response Cost Recovery Program
Meeting Date: January ]9, 20]0 Primary Staff Contact: John Karns
Department: Fire Department E-Mai]: kamsj@ashland,or.us
Secondary Dept.: Administration Secondary Contact: John Karns
Approva]: Martha Benn Estimated Time: 30 minutes
Question:
Does the Council wish to schedule the first reading of a proposed ordinance to that establishes charges
and rates for cost recovery for certain motor vehicle and hazardous materials emergency responses of
Ashland Fire and Rescue?
Staff Recommendation:
Staffrecommends the scheduling of the first reading of the proposed, Staff recommends Council
establish charges and rates for cost recovery for certain types of emergency responses by Ashland Fire
and Rescue,
Background:
Emergency services response activity to incidents continues to increase each year. Environmental
protection requirements involve an increased level of equipment and training, Hazardous materials
accidents can create substantial demands on all operational aspects of emergency services. Motor
vehicle accidents (MY A) are requiring an increasingly complex array of extrication equipment due to
modem vehicle construction and materials. Hydraulic extrication equipment that was adequate several
years ago may not allow for a timely victim extraction in today's automobiles, Ashland Fire and
Rescue has investigated numerous methods to maintain a high level of emergency service capability in
times of increasing service demands and fiscal challenges, Many motor vehicle accidents and
hazardous materials incidents involve individuals not owning property or paying taxes in the City of
Ashland. Additionally, in jurisdictions where there is an effective response by fire and rescue services,
insurance carriers realize a decreased cost through timely and effective management of emergency
situations, saving lives and reducing property damage. Staff desires to implement a fair and equitable
procedure by which to collect said emergency service fees involving hazardous materials spills and
motor vehicle accidents and shall establish a billing system in accordance with applicable laws,
regulations and guidelines.
Related City Policies:
. Chapter]O of the AMC deals with public peace, Morals and safety
. ORS 478.310 (2) (a) deals with the Oregon State Fire Marshal's standardized costs schedule,
specifically Section III-B.
. Rates for recovering costs shall be those established in accordance with the Oregon State Fire
Marshal's standardized costs schedule as specified in ORS 478.3 ]0(2) (a), and as hereinafter
amended.
Page 1 of2
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CITY OF
ASHLAND
. Fees will be based on both direct (apparatus, personnel, and miscellaneous supplies and
services) and indirect (billing and collection costs), No fees will be charged for the direct
provision of emergency medical treatment and supplies,
. Billing for emergency services will be through a contracted third-party vendor with knowledge
of applicable laws and regulations,
Fiscal Impact:
This program should generate approximately $] 5,000 to $18,000 annually depending upon response
activity,
Council Options:
Council can direct staff to:
. Schedule the proposal for Council Action
. Revise the proposal prior to Council Action
. Table the proposal
Potential Motions:
. I move that the City
Attachments:
Proposed Ordinance
Exhibit A: Ashland Fire and Rescue Hourly Reimbursement Rate
B: Oregon State Fire Marshal's Standardized Cost Schedule
C: Oregon Revised Statute 478.310
Page 2 of2
~~,
ORDINANCE NO.
AN ORDINANCE ESTABLISHING AND IMPLEMENTING A PROGRAM TO
CHARGE USER FEES FOR THE DEPLOYMENT OF PUBLIC SAFETY
SERVICES RENDERED BY THE CITY OF ASHLAND, ASHLAND FIRE &
RESCUE
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" ... .L. .L. 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; and
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 emergency services response activity to incidents continues to
increase each year; environmental protection requirements involve an increased
level of equipment and training. Hazardous materials accidents create substantial
demands on all operational aspects of emergency services, Motor vehicle accidents
are requiring an increasingly complex array of extrication equipment due to modern
vehicle construction and materials, and
WHEREAS, Ashland Fire and Rescue has investigated numerous methods to
maintain a high level of emergency service capability in times of increasing service
demands and fiscal challenges, and
WHEREAS, many motor vehicle accidents and hazardous materials incidents
involve individuals not owning property or paying taxes in the City of Ashland,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: The City of Ashland Fire and Rescue Services shall initiate user fees
for the delivery of Fire and Rescue Services, personnel, supplies and equipment to
the scene of motor vehicle accidents and hazardous materials incidents as listed in
"EXHIBIT A", The rate of user fees shall be based on actual costs of the services
and that which is usual, customary and reasonable (UCR) as shown in "EXHIBIT A",
Ordinance No,
Page 1 of 2
which may include any services, personnel, supplies, and equipment and with
baselines established by addendum to this document.
SECTION 2: The user fee shall be filed to the responsible party, representing an
add-on cost of the claim for damages of the vehicles, property and/or injuries. In the
event services are required relating to utilities causing safety problems to highway
areas, and if the area is deemed unsafe by emergency responders, the same billing
process shall apply to said utility, whose equipment related problems cause for an
emergency services response. The claim costs shall be filed to the insurance
coverage of the owner of a vehicle, owner of property, or responsible parties.
SECTION 3: The City of Ashland's City Council may make rules or regulations and
from time to time may amend, revoke, or add rules and regulations, not consistent
with this Section, as they may deem necessary or expedient in respect to billing for
these fees or the collection thereof.
SECTION 4: It is found and determined that all formal actions of this City Council
concerning and relating to the adoption of this Ordinance were adopted in open
meetings of this City Council, and that all deliberations of this City Council and any
of its committees that resulted in such formal actions were in accordance with all
legal requirements, and the Codified Ordinances of the City Council.
SECTION 5: This Ordinance shall take effect at the earliest time permitted by law.
SECTION 6: These user fees for motor vehicle accidents (MV A) and hazardous
materials incidents will only apply to persons not residing within the City of Ashland
as the residents within the city boundaries currently subsidize emergency service
costs through their property taxes. Responses involving intoxicated drivers, hazmat
clean-up, and negligent acts may be s'ubject to all applicable fees regardless of
residency,
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 , 2010
and duly PASSED and ADOPTED this day of ,2010
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 2 of 2
EXHIBIT A
ASHLAND FIRE and RESCUE
HOURLY REIMBURSMENT RATE
APPARATUS TYPE I I TYPE II TYPE III I TYPE IV TYPE V I TYPE VI
STRUCTURAL
ENGINE (May Have Off-Road BRUSH (With Off-Road BRUSH (With Off-Road
Capability) (Meets 1901 Capability) Capability)
Standards)
Pump (GPM) 1000 + 500 - 999 120 70 50 50
Tank (Gallons) 400 400 >300 < 750 500 200
($IOO/Hr) ($80/Hr) ($60/Hr) (S40/Hr) ($30/Hr) (S25/Hr)
TRUCK Aerial Elevated
Master
Stream N/A N/A N/A N/A
($150/Hr) ($ I OO/Hr)
EQUIPMENTI
PERSONNEL In Use N/A N/A N/A N/A N/A
TRANSPORT" Only
(S20/Hr)
COMMAND
VEHICLE" (SI5/Hr) N/A N/A N/A N/A N/A
MOBILE
COMMAND ($ I OO/Hr) N/A N/A N/A N/A N/A
CENTER
Personnel Reimbursement Costs
a) Career Firefighters
Whenever aid is supplied the reimbursement compensation paid to employees during the time
such incidents will be at the current applicable overtime rate as scheduled in the current
budget.
Exhibit B
ADMlNlSlRATION DIllmON
Billing Sd2dnles C1dFCIIIIIS
Ami! "007
2, STATE FIRE MAltSHAL STANDARDIZED COST SCHEDULE
OREGON EIRE SERI'TCE JfOBILlZ4TION PL4N
EMERGENCY CONFLAGRATION ACf
HOURLYRE!MBtiRSEME.1U RATE
APPARATUS TYPE I TI'PE n TI'PEW TI'PE IV TI'PEV TI'PE VI
STIUlCTIJRAL
El'GINE (2\I4y Haw Off-Road BRUSH BRUSH
c.pobililyJ (\\'llh otI-lloW C;q><bili1y) (\\'i1h Off-Road C;q><bili1y)
lMem 1901 S...-,
Pump (GPM) 1000+ 500 - 999 120 ill 50 50
TanI:(G.illmls) 400 >300 ~750 500 200
400
(tlool\Ii) ~SMlr) (~MII) (S4O.'l!r) ~3MII) (l2SIIlI)
WATER
'ITh1lER
Pump (GPM) 300 200 WO
TanI:(G.illmls) lOOO 2500 1000 NiA NlA NfA
(l7MIr) (ljQ''Hr) (t301'Hr)
lRUCK Aeri.1l Eleviltt<l
. Mosta'
mSMlrl Slremn NIA NiA NlA NIA
liioo.Hrl
EQUlPMEl\,1
PERSONNEL !J:.Us~ NiA NfA N/A NfA NIA
'IJt;UIi"SPORT-- Only
mo'ilr\
COM"'_~'ID
\;"EH!CLEu m5lHrl NiA KfA NlA N/A NIA
RESCUE
VEHIClE. ,,"WiI NiA NIA NiA NIA NIA
$pecidizoo equip:ment or ~tus iliall be At a me negotiated with the Offic.e of State Fire
:Marshal. e.g., mobile COIIIImm..ication, maintenance/repair, fuel, city :;en..u::e., aircraft :fire,
chemical, im.~on, Haz1.bt, ~~ rescue, water C'1'3ft, tow truck, air system, power
p1mh.
No,.: _fpparalUs 710/ matching OPing <rileria (pump [GPM] or lank [gal/on:;J) "ill be
classified to me most rem-icm"'6 Ope. s..g... an engine l4,-im Q pump qf 100 GP.\f uith 0 :>300
gallon ran6""uldbs cl=eJ tu a 1)poIV errgin., -f /emJen,;/. a 250 GPMJlI11IIP and 5OiJO
gaIlcm tank would be cklssed ~ a I:lpe 11 tsndeT.
· No",: lncludas m..m unia and ambuImJce.,
**Nots: Jf7t.m a prn'ats vshids if used. ths MmS TBimburses mils.age cn&.
ill-C-2
<<~bllli9
Exhibit C
478.310
Response to fire or public safety incident
outside its own territory by district or
municipality;
(1) When a fire or public safety incident occurs outside the limits of a district or of a city
and help is asked of the district or city, the fire-fighting or public safety apparatus and
force of the district or city may, with or without a contract to do so, be used for
extinguishing the fire or responding to the public safety incident in the other unprotected
or inadequately protected district or territory, However, the district or city so responding
shall be paid the contract or reasonable value for use, including repairs and depreciation,
of the apparatus and equipment so used and other expenses reasonably incurred in '
furnishing the fire-fighting or public safety service,
(2) When a district or city responds to a call for assistance arising from an incident
involving an airplane crash or an occurrence on a transportation route within the city or
district, the district or city may recover from the person or property receiving the direct
fire or safety services as a result of the incident any cost incurred for the following:
(a) The contract or reasonable value of the use, including repairs and depreciation, of the
apparatus and equipment used in accordance with a state standardized-costs schedule
issued by the State Fire Marshal; and
(b) Other expenses or costs reasonably incurred in furnishing the assistance, as adopted
by the service provider.
(3) As used in this section, "transportation route" means a roadway, waterway or railroad
right of way against which no taxes or assessments for fire protection are levied by the
district or city,
(4) The provisions of this section do not apply to fire incidents involving only forest
resources that occur on lands protected under ORS chapter 477, [Amended by 1969 c,667
923; 1983 c,572 91; 1987 c,834 92; 1997 c.274 938]
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Transportation System Plan ProJect Cost Increase
January 19, 2010 Primary Staff Contact: Michael A, Faught
Public Works E-Mail: faughtm@ashland.oLus
Administration Secondary Contact: Karl Johnson, 552-2415
Martha Benne Estimated Time: 20 Minutes
Question:
Will Council approve a Transportation System Plan (TSP) project cost increase of$66,000 or a total of
$416,000 to complete the TSP?
Staff Recommendation:
Staff recommends that Council approve an increase of $66,000 or a total of $416,000 to complete the
Transportation System Plan (TSP),
Background:
The Oregon Department of Transportation (ODOT) in conjunction with City staff has completed the
procurement process for Ashland's Transportation Plan (TSP), The final cost to complete the TSP is
$416,000, which is $66,000 higher than the estimated $350,000 to complete the project. ODOT's
Transportation Growth Management Grant Program (TGM) may decide to fund the additional $66,000
but in the event they don't, the City may have to pay the additional costs with Transportation System
Development Charge funds (TSDC), If the City has to use TSDC funds for the additional costs, these
funds may need to be transferred in the current year's budget or may be added to the proposed 2010-11
Fiscal Budget.
The next step in the process is to execute a consultant agreement with Kittelson & Associates in the
amount of $416,000, and an Intergovernmental Agreement (IGA) between the City of Ashland and
ODOT, In order to complete the two contracts staff is looking for confirmation that the City Council
will approve the additional $66,000 increased in the TSP project costs, Once the final contracts have
been completed, staff will bring the 1GA to the City Council for approvaL
The Council does have the option of reducing the TSP scope of work in order to keep the project
within the original estimated project costs; however, staff is recommending that the project be fully
funded at $416,000 in order to meet the Council TSP goal and provide sufficient public process, This
will ensure it encompasses Ashland's small town characteristics and its citizen's multimodal
objectives,
As a reminder, on June 16,2009, the City Council adopted the following goal:
Develop an integrated land use and transportation plan to increase the viability of transit, bicycles,
walking and other alternative modes of transportation, reduce per capita automobile vehicle miles
traveled; provide safe walking and bicycling routes to home, work, shopping and schools; implement
environmentally responsible design standards, and minimize new automobile-related infrastructure
Pagelof3
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Even though staff is recommending that the Council approve the entire $416,000 for the project, it is
important to note that Kittleson & Associates Inc, will be presenting some cost saving
recommendations, This recommendation eliminates some of joint Transportation Commission and
Planning Commission meetings and some Technical Review Committee meetings, These proposed
changes could reduce the cost of the TSP by $37,198, While it is tempting to reduce the project cost by
eliminating the proposed meetings, staff believes the interaction between the two commissions is too
important and we recommend fully funding the TSP now and then let the two commissions determine
which, if any, joint meetings could or should be eliminated.
As additional background, staff submitted a TGM grant application on March 13,2009 which
resulted in a $125,000 grant award, The project was then included in Ashland's adopted 2009-2010
fiscal budget at $350,000 of which $125,000 is TGM grant funds and the remaining $225,000 is
TSDC's, Since this is a TGM grant, ODOT administers the public solicitation process,
TSP Scope of Work Development and Consultant Scoring Process
In July, 2009, both Ashland and ODOT staff began developing the progressive scope of work desired
for the TSP update, The scope of work was completed by mid-October after several drafts and internal
reviews as well as input by the Transportation Commission, Planning Commission and ODOT staff.
In late October 2009, the ODOT Procurement Office began the scoring process to assign the contract
to one of the eleven consultants on their pre-approved list that responded to the RFP, The City of
Ashland was part of the scoring committee that included the following members:
. Mike Faught, Public Works Director
. Karl Johnson, Public Works Engineering Associate
. Alex Georgovich, Local Ashland Resident and City of Medford Transportation Manager
. Eric Heesacker, Local Ashland Resident and Member of the Transportation Commission
".. John McDonald, ODOT TGM Project Manager
The scoring committee met on December 1, 2009 to rank the consultants. The top three consultants
were CH2M Hill, Kittelson & Associates and Parametrix, Each was invited to an interview on
December 17th, Kittelson & Associates, Inc, was the clear front runner, followed by CH2M Hill and
Parametrix. Following the interview ODOT and city staff further refined the scope of work (draft
attached) and subsequent budget for the project. Kittelson then used the detailed scope of work and
created a proposed project cost of $416,000.
Council Options:
. Council may decide to approve staffs recommendation for an increase of$66,000 to complete
the Transportation System Plan (TSP), .
. Council may decide not to approve an increase in the TSP project costs and direct staff to
reduce the scope of work and budget to $350,000.
. Council may decide to modify (
) staffs recommendation,
Page 2 of3
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Potential Motions:
. Move to approve an increase of$66,000 to $416,000 to complete the Transportatiqn System
Plan (TSP),
. Move not to increase the TSP project costs and direct staff to reduce the TSP scope of work to
meet the projected $350,000 project estimate,
. Move to modify (
) staff's recommendation,
Attachments:
. Revised TSP Draft Scope of Work - Tasks 6,7,& 8
Page 3 on
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Task 6: Develop Pedestrian Node Coneepts and Supportinl! Doeumentation
Objective: Develop pedestrian node concepts and code outlines for implementation by City,
Subtasks
6,1 Draft Tech Memo 6: Preferred Node Concepts and Draft Code Outline
Consultant shall prepare Draft Tech Memo 6, conceptual plans and development/redevelopment
scenarios addressing land uses (e,g, form, type and density), transportation system and street
improvements for three nodes, exact locations as identified by City and WO~PM, that meet the
following objectives:
1, Improve pedestrian facilities such as street crossing, wide~.s~.~ ewal street trees and other
pedestrian amenities that could improve the pedestrian e,,~ c nhance activity in each
node, A'
2, Integrate green street and infrastructure standards forrstr,eets and storm w t or each node,
3, Investigate measures to integrate affordable ho~ti'k~lreach node, .
4. Recommend possible zoning overlays, targe~~~.res, and de.s.ign guidelines t:ia pI.'..eve transit-
oriented development at the three activity no ~~ ~ ~ .-
5, Create and connect great places along City's boaieva/i,d sys~~fo set the tone and p ttern for
redevelopment of the auto-oriented arterial street ~honf!ib.to multi-modal boulevards,
6, Create a conceptual plan for each three pedestrl~i'ilfltdes (mixed-use activity centers), Each
conceptual plan will include a con spective or~ode, streetscape cross-sections for
each node, street improvement desi en _, ansport'llt~. on 'mprovement conceptual plans
and an outline ofland use and transpo on re tt to su . 0 desired development
7, Pedestrian Node Anal~i,>
Project future land u~~~an orient $d e e ment nsity, pedestrian traffic demands,
pedestrian conne ,"S'~ and~ cape, fi' If,r'''ith the "Great Arterial Streets" concept (multi-
modal and green 'sIgn) for ea lil ode, TA(S.;will revIew the results of the alternatIve analYSIS for
the overall TSI pedestria e compon~~select a preferred alternative and provide input
on project prion h datio st ill be further reviewed under sections I and K
of Tas
.
2. Reconn ss ee Site Visits
As a separate deliverable, Consultant shall make Reconnaissance Site Visits to three sites to gain
familiarity and to take photographs of the Nodes, adjacent intersections and other relevant areas,
This will be completed by extending the trip to Ashland for T AC #3 by up to one day,
3. Public Meeting Set #1
As separate deliverables Consultant shall facilitate Key Participant Meetings #1 and Public
Workshop #1. These meetings will occur on the same day,
Key Participant Meetings # I: Consultant shall conduct up to four meetings with key participants
identified by City, Potential key participants will likely include owners and occupants of
properties within the Nodes, and City staff
Public Workshop #1: Consultant shall facilitate public workshop to identify opportunities,
constraints and issues for each Node, Consultant shall prepare the format for feedback at the
workshop. including a base map that participants can annotate with relevant information,
Consultant shall collect feedback at the workshop,
4. Opportunities, Constraints and Issues Report
Consultant shall prepare a map and report of the key opportuniti , Gonstraints and issues based
"
on site visits, key participant meetings, public workshop an ee after the workshop,
5. Conceptual Plans A
Consultant shall prepare one concept plan for each~~~three Nodes (t ~tal), The concepts.
must address the opportunities and constraints inclul:lllrin the map and ide1\'1Jti'ed in the
Opportunities, Constraints and Issues Report, ac1l concept must include a d~itlI1..ment program
recommending future development form an u re land u:~~type and dens~~ address
the objectives of the Pedestrian Node Evaluati6lr~~on 9f6roject The concepYplan for each
Node must include at least one axonometric or stree~Mmerspective drawing, at least one
elevation drawing of one key devel~/redevelopab 'Sit{and a conceptual plan for street.
connections and design treatment~!Qvements an lan use and an outline of
transportation regulations to suppo H~elo ment
. nsultant sh onduct up to four meetings with Key
e co cepts,
.
'-PuhIi~l!.R. #2: ... Itant shall con public workshop allowing participants to review
'e ncepts~~lJ.! revl \) and other Ideas, Consultant shall proVIde opportumtles for
aback on the ovton nd individual ~Iements,
Refined Co?~
t shall make I 'ted refinements to the three concepts based on feedback before and at
shop #2, ltant shall present refined concepts and facilitate discussion among
8. Draft utUne
Consultant shall prepare Draft Code Outline, land use and transportation regulations to support
desired development revised to include input from Public Meeting Set #2 input
Consultant shall submit Draft Tech Memo 6 to City and WOCPM, including the refined concepts and
accompanying Draft'Code Outline, City shall submit one set of consolidated, non-conflicting comments
to Consultant WOCPM will submit one set of comments to Consultant
6.2 TAC Meeting #4
Consultant shall facilitate T AC Meeting #4 to review and receive feedback on Draft Tech Memo 6 and
Draft Code Outline,
6.3 PC Meeting #1
City shall facilitate PC Meeting #1 to review and receive feedback on Draft Tech Memo 6 and Draft
Code Outline, PC Meeting #1 will occur on the same day as TAC Meeting #4,
Consultant shall attend PC Meeting #1 to revie;y and receive feedback on Draft Tech Memo 6 and Draft
Code Outline, ~
6.4 Revised Tech Memo 6 and Revised Code Outline ..4f?'" '
Consultant shall revise Draft Tech Memo 6 and Draft Code Outlin~~,91l'J!9[ating comments from City,
WOCPM, TAC, and TC, and submit Revised Tech Memo 6 andKe;V,j!;ed'Go:a Outline to City and
WOCPM, 'V
Schedule
Within 12 months ofNTP,
City Deliverables
6A TAC Meeting #4
6B PC Meeting #1
6C Written comments on draft Consultan
Consultant Deliverables
6A
6B
6C
6D
6E
6F
6G
6H
61
Task 7: Deve nt and Aual' is of Alternatives
Objectives: 1) to V op P . I solutions to the deficiencies and needs identified previously; and 2) to
develop a robust inffi ' se upon which City may make future transportation decisions on a variety
of subjects,
Subtasks
7.1 Draft Tech Memo 7: Alternatives Analysis and Funding Program
Consultant shall prepare Draft Tech Memo 7, identifying up to three alternative solutions, as directed by
City and WOCPM, for each identified deficiency and/or need, Alternatives must meet the standards,
goals and objectives identified in previous Tech Memos,
Consultant shall provide an evaluation matrix for the alternative solutions, utilizing the evaluation criteria
identified in Tech Memo 2, For road improvements, the evaluation matrix must include vie, LOS, critical
turning and queuing estimates,
Cost estimates must be planning-level cost estimates, based on year 20 I 0 dollars, and referenced to the
Construction Cost Index (CCI),
Draft Tech Memo 7, must include the following elements:
A. Identification of Auto-Related Alternatives
Consultant shall prepare proposed solutions for automotive trat
5,
Consultant shall make a list of recommended changes te s
rationale,
B. Pedestrian Node Analysis
Consultant shall summarize the conceptual p a
F. Street Car System
Consultant shall evaluate the feasibility and planning-level cost estimates ofa common carrier rail
transit system (street car) providing local service. The proposed service must pick up and
discharge passengers at key locations such as downtown and campus that can augment the current
RVTD transit system, The evaluation must provide clear alternatives to either expanding the
transit system or adding a street car/trolley system,
/
The evaluation must include research as to which mode transit or street car is most likely to be
used in Ashland, The evaluation must also provide proposed connections to a commuter rail
system,
G. High Density Housing
The intent of an integrated land use and transportation plan is to ensure that long range
transportation recommendations provide transportation alternative based on densities, Consultant
shall evaluate multi-modal transportation recommendations based on existing and potential high
density housing patterns and provide recommendations as to where hill!' density housing should
be located to reduce the need for cars and identifY any items in the-a~eJopment code that
currently attract or detract from high-density housing,
3,
4,
5,
12,
13.
I. Rapid Transit
Consultant shall evaluate regional and rapid transit opportunities, Consultant shall identifY a list
of possible routes, signal prioritization, terminal points, and multi-modal transfer points in City
for a regional rapid transit system, The evaluation must include potential easements and right-of-
way acquisitions as well as an evaluation of a transit overlay district Desired outcomes include
general feasibility, planning level cost estimates, understanding of long-term right-of-way
preservation needs, and keys for success,
J. Bike Routes Connectivity/Boulevards
Consultant shall recommend connectivity improvements to City's existing bike routes and
recommend future bike route extensions into and beyond the Project Area, Consultant shall
recommend bike boulevards that utilize existing residential streets, provide specialized signal
controls, auto circles and speed bumps, Consultant shall evaluate potential locations for protected
bikeways, The plan must use the City of Portland B2 Power as a mo~el ,
K. Multi-Use Trails .I
Consultant shall i~corporate the existing Multi-Use Trails.s>,;.~~~~~~p'"' "";, ;y,rem p'.m ;","
the TSP and proVide recommendatIOns to Improve conne~~ to-us.~ Istmg MultI-Use Trails
system and identifY new multi-use trail system locatio Within the Py' Area,
o Is
t "Safe Routes to Schools" plans completed by the City and incorporate
. . n and bicycle plans, In addition, Consultant shall identifY potential
es, facility enhancements, and crossing treatments that would improve
ing or biking to school.
O. Shared Roads
As part of the bicycle planning process, the Consultant shall evaluate existing and future streets
for use as possible "Shared Roads" (the traffic engineering concept that involves the removal of
the traditional separation between motor vehicles and pedestrians and other road users, and the
removal of traditional road priority management devices such as curbs, lines, signs and signals)
and recommend design treatments,
P. Road Diet
The Consultant shall evaluate up to five transportation corridors for potential "road diet"
improvements that create more efficient ways to provide access and mobility for pedestrians,
bicycle riders and transit users and reduce frequent turning movements onto commercial and
residential driveways, Three of the five corridors shall include North Main, East Main
Downtown, Ashland Street Proposed cross-sections and Mulit-modal Level-of-Service results
with and without the "road diets" shall be provided,
Q. Offset Intersection Realignment Plan
There are numerous offset intersections in Ashland, Consultant shall ~~vide recommended
realignment options for up to ten locations, The options must incl "'" e needed acquisition of
easements and right-of-way for said improvements,
R. Airport
Consultant shall evaluate potential multi-modal uses ~e shland 1\;t (freight, transport,
etc,), Consultant shall evaluate regional multi-modalia yantages of conn c' g to and using the
Medford Airport, Consultant shall identify pote ?' ulti modal links to tn 'hland Municipal
Airport (i,e, freight, passenger service, etc),
Consultant shall identify specific sar.
negotiating roundabouts.
r bicyclists and pedestrians
oad crossing to the 74 acre "Railroad Property",
, cess necessary to secure crossing,
, d location of an additional freeway exit
X. Special Transportation Area
The Consultant shall evaluate the advantages and disadvantages of creating a Special
Transportation Area on State Highway 99 in Ashland,
Y. Other Alternative Modes of Transportation
Consultant shall evaluate and make recommendations regarding modes of transportation other
than vehicles, bicyclists and pedestrians (e,g, skateboards, wheelchairs, etc,),
Z. Funding Programs
Consultant shall prepare a list of funding options for consideration by City, Funding options
section must include a summary of historic and existing City transportation funding sources as
well as the project transportation funding available to City, Funding options must include all
funding sources available to City in a matrix form, and a brief narrative explaining each option,
Consultant shall prepare a list of funding options relative to Transportation and Park System
Development Charges, The list must include future funding available at different fee levels,
Consultant shall submit Draft Tech Memo 7 to City and WOCPM, City .mit one set of
consohdated, non-confllctmg comments to Consultant. WOCPM WIll domlt one set of comments to
Consultant
ed the day prior to
e concepts,
Public Workshop #3: Consultant shall conduct pubh
review the concepts, suggest revisions and draw other I a
feedback on the overall concepts and individual elements,
7.3 TAC Meeting #5
Consultant shall facilitate TAC Meeting #5
7.4 TC (or Joint TC/PC)
City shall facilitate TC Mee.tm
Consultant shall alle
eive feedback on Draft Tech Memo 7,
t comments from Public Meeting Set #3, City,
m07 to City and WOCPM,
Consultant deliverables
Consultant Deliverab s
7A Draft Tech Memo 7
7B Key Participants Meetings #3
7C Public Workshop #3
7D TAC Meeting #5
7E TC Meeting #4
7F Revised Tech Memo 7
Task 8: Develop Sustainabilitv Policies
Objective: To promote sustainability and green transportation policies in support of City's vision,
Subtasks
8.] Draft Tech Memo 8: Sustain ability
Consultant shall prepare Draft Tech Memo 8 to provide a single reference for City sustainability
programs relative to transportation, reduction of reliance on the automobile, reduction of the City's
carbon footprint, and other relevant sustainability policies, goals, and object~ves,
A. Transportation DemandManagement
Consultant shall prepare a Transportation Demand Man
the requirements of the TPR, and furthers City's go
Draft Tech Memo 8 must include the following elements:
B. Reduction of the Carbon Footprint
Consultant shall prepare a set of policies for
D. Environmental Impact - to - T
al transportation options, and
E. Private
.h vate sector solutions to sustainability (e,g.
d policies City can implement to promote private
'cies, ~. s and Objectives
set ofpim'cies, goals, and objectives relevant to reduction of reliance
ot already addressed in the Transportation Demand Management or
otprint sections,
Consultant shall SUD
consolidated, non-con
Consultant
ech Memo 8 to City and WOCPM. City shall submit one set of
comments to Consultant. WOCPM will submit one set of comments to
8.2 Project Mailing #3
Consultant shall prepare Project Mailing #3, a full page, double sided, in color information sheet and
provide it electr~lDically to the City and the project website, The City will mail it to all households and
businesses in Ashland, Project Mailing must identify work performed to date, work to be done,
upcoming meetings, and points of contact.
8.3 T AC Meeting #6
Consultant shall facilitate T AC Meeting #6 to review and receive feedback on Draft Tech Memo 8,
8.4 TC (or Joint TC/PC) Meeting #5
City shall facilitate TC Meeting #5 to review and receive feedback on Draft Tech Memo 8,
Consultant shall attend TC Meeting to review and receive feedback on Tech Memo 8,
8.5 Revised Tech Memo 8
Consultant shall revise Draft Tech Memo 8, incorporating comments fro
and submit Revised Tech Memo 8 to City and WOCPM,
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2: Pt 1. Commissions Committees and Boards
Meeting Date: January 19,2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept: City Recorder Secondary Contact: Barbara Christensen
Approval: Martha Benn Estimated Time: 10 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:
Staff recommends Council approve the First Reading of this ordinance and set second Reading for
February 2,2010,
Background:
The following modification has been made to this ordinance since December IS, 2009:
I, Part 1.: Automatic Continuance. [Pages 1-2] A new Council Rule is added stating that if
Council fails to get to a matter on the Agenda before the meeting time expires, the matter
will automatically be continued to the next regular meeting, This rule saves the City
additional advertising costs, e,g, ordinances must be advertised, Agendas will include a
reference to this rule, .
AMC 2.04.030 E.3. [Postponing Agenda Items] now reads:
If time expires before the Citv Council can consider an item on the Agenda, including an
advertised item, the unaddressed item shall automatically be continued to the next
regularly scheduled meeting of the Council: re-advertisement shall not be required for such
continued items. A note shall be placed on the Agenda referencing this continuance rule:
"Items on the Agenda not considered due to time constraints are automatically continued
to the next regularly scheduled Council meeting, r AMC 2,04.030.E.l"
2. Part 1: Correction to 2.04.11 O(A)4. [Page 8] Councilor Silbiger requested clarification
regarding missing words in this section,
3. Part II: Band Board, [Title, Pages 39-41] Council Silbiger's previous comments asked if
the Band Board AMC 2.56 should be included in this ordinance, After reviewing the
ordinance with the City Administrator and City Recorder, the Band Board was added with
some changes proposed to bring the language of the Code closer to practice.
Page I of5
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CITY OF
ASHLAND
4, Part II: Building Board of Aooeals, [Title, Pages 38-39, 41-44] In the process of
exploring how to comply with SB 915, the legal department discovered that the Building
Board of Appeals under the Building Code (Chapter IS) needed to be moved to Chapter 2.
SB 915 requires Building Code violations be addressed in a civil penalty procedure not
municipal court, This adjustment has been made to Chapter 15.
o
The followinf! material is unchanf!ed from previous Council Communications:
The Council has discussed this ordinance on several occasions and individual councilors and staff have
provided individual comments. The attached ordinance is an attempt to make all the changes directed,
although some individual comments conflicted. "
In sum, the direction given at the City Council's meetings included:
I, Council Liaison is a non-voting ex officio member, not a non-member or voting member.
Exception for Planning Commission quasi-judicial functions where the Liaison is a non-
member.
2. Term limits are three three-year terms (except Planning Commission) but not strictly
prohibited, after three terms the Council to give due consideration to appointment of new
(qualified) members.
3. Removal for Planning Commission is governed by statute. Removal for other Commissions
is by the Mayor with the consent of the CounciL
4, Slight change to reference to Roberts Rules.
5. No changes concerning: Chair Participation or Vice Chair moving to Chair.
In addition the following individual comments were given consideration:
Russ Silbiger emails dated 11-16-09 and 11-20-09
Kate Jackson email dated 11-15-09
Martha Bennett email dated 12-3-09
Unresolved issues:
I, Should Band Board be added (codified)
2, Sllol:lld "Tile fiftll voting member sllall be tl1e City Reeonler" be strod, in 2,11.010
eOHeemiHg tile MHHieipal f.Hdit CommissioH:. [resolved per Res, 2008-024 * 12-23-09J
3, Should the Airport Commission have a voting member on the Transportation Commission?
4, Should the prohibition on endorsement 2, I 0,080 be added to the Ethics code?
Specific changes:
I, "Audit Committee" changed to "Commission", '"
2. Ad hoc Committees and Task Forces formed by Mayor with consent of CounciL
3. Ad hoc Committees and Task Forces to follow procedures in AMC 2,10 and such other
rules prescribed in order creating them.
4, Endorsement in AMC 2,10,080 (Ethics) clarified to relate to official capacity,
Page2of5
~~,
CITY OF
ASHLAND
5, Rules and Regulations 2,10,070, combined with Roberts Rules 2, I 0,075
6. Separate Liaison provisions for City advisory bodies and Representative responsibilities for
external entities.
Because ordinance was provided to Council seven (7) days prior to Council First Reading changes
contained in this draft need not be read in fulL
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 attached 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 attached
5/29/07 draft specifically numbered paragraph 10 regarding Uniform Rules which corresponds with
the outline presently in AMC 2,04,100.]
I
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 ofthe 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
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.
Page 3 of5
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r_'1I
CITY OF
ASHLAND
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 without 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. Robert's Rules,
Part II [2, I 0,075] specifies that Robert's 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:
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
Page 4 of 5
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.,-~
CITY OF
ASHLAND
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 codify 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 February 2,2010,
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor February 2,
2010,
Attachments:
Proposed ordinance
Page S ofS
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE
SECTIONS AMC 2.04.030, 2.04. 090, 2.04.100 AND 2.04.110
RELATING TO COUNCil RULES
Annotated to show dolotiom: and additions to the code sections being modified.
Deletions are bold" ... .... _L 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 desire~ 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:
~E~'1jI()N,1. ;AM,fi:' 2.641035'Ec-':rPostRoning~g~.rfQ.a 'Items]is herebY- amenaed
to readasfoll6ws:
E: PostRonihg'AgenoalterTi'S!
:1.;;j. If a.Councilorwill.beabsel1tJroman.lJpcqming"regularrneeting, the
- '. '.' . ";'."" ".." .; .... .; ...... f." ....f....; ."'#f';' ;r-
~?Uncil?r.rTlay request. during a [egularjmee.tiQgith~.t;C9q:sicler,.~tioI19fi~Q,...,
agenda'ltem be. postponed' to afutureregularmeebng,.The request.wlilnbe
1':,<. >:: :,'> <: d. :'....::.:...>: "',,: ,:' ':'::. .",> ,.:'::.':" ..':. ',. ",' : .,':' .:. .:,:, ...... " ",',. d ,",' ", ",: '.-:.' ',:." ',', ,--.
60no"red. if tHerpajoritY 9f the;.SouncWvotesin;favor'ofRostRonementand
~he matter IS: not tirri.l:!~sensitiveJ
2.' '. If the request to postporie,is'madeoutside a regular.Council
meeting,'the <:;ouncilor requesting the postponement shallsubl)1it '~
r~c1u~s, .totr~ lV1ay6f or, CityAarriiriistra.~~r ip writing or by erriail aS~arIYc,
,as;posslble. !he re;quest t? pO!'ltR~ne ~1i1J:)E( honorep (Jnle~sthe. maJont~
pf the, Council atthepubhc meetma votes not to RostRone !.t:Le; Item or If
the matter is time':sensitiveJ
3.)'. IftimeeXPfi-es;beforethe CitY;CouhCITcariconsidtkan item on
the Aaenda,iincludinaari advertisedifel1'1,theuriaddn:lssed ifel1'1,sllari
Page 1 of 10
"---;--"-~--"-"--'~'."-"'~"._~"'~"~-~~.-~' . ..'- .... . . . . . ,
automaticallv be continued to the next reaularlvscheduled meetina
I' " . .... ... ." , ."" .," '.'''" ,.... ':" .^''' ','" ':". .:.. .."". c ",'" "." .... ..-:. '. "'. . ," '.1
of the Council: re-advertisement shall not be reauired for such
r.. '.. ... ....,,, ..' .... ...,."....".....,.., ',.~.",.'..,...__,....,'" :,...",:,."...~
continued Items. A note shall be placed on the Aaefida referencina
this, continuance rule:"ltems on tile Aaeilda not: consiael'ea due to
time constraints areautomaticallv cOlltinuedfotlleilext reQularlv
scheduled, Council ineetina. rAMC 2.04.030.E:l",
SECTION 2. 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 and Boards,
Commissions and boards oriainate from different sources. includina
Oreaon State Statute. City Charter and Municipal Code; others are
established bv direction of the Mavor or the City Council. Advisory
Commissions and Boards which are permanent rReaularl shall be
codified in AMC Chapter 2. includina but not limited to Forest Lands
Commission. Plannina Commission. Transportation Commission.
Plannina Hearinas Board. Public Recreation Commission. Public
Arts Commission. Conservation Commission. Ashland Airport
Commission. Housina Commission. Historic Commission, Tree
Commission. and the Municipal,Audit Commission. AMC 2.10
contains code common to all Appointed Commissions and Boards.
B. COllm:i1 Ad-hoc Committees and Task Forces.
The Mavor shall have the authority. with the consent of the Council.
to form ad-hoc committees or task forces to deal with specific tasks
within specific time frames. Such ad hoc committees or task forces
shall abide bv uniform rules and procedures set forth in AMC 2.10
and such other rules as prescribed bv the order establishina such ad
hoc entities. 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 body's scope of the
work and rules of procedure. if necessary. The Council has the
authority to follow the recommendations. chanae the
recommendations. take no action. remand the matter back to the ad
hoc bod v or take any other action it sees fit. The Council bv maioritv
Page 2 of 10
vote mav remove a member of an ad hoc committee or task force at
any time. with or without cause. The City Council by maiority vote
mav amend or dissolve an ad hoc committee or task force.
C, ReQular Commission and Board Membership Appointments.
Except for the Municipal Audit Commission IAMC 2.111. all
committees and boards not reauired by state law to be appointed by
the City Council shall be appointed by the Mayor with the consent of
the Council. The Mayor may reauest assistance or
recommendations from Councilors in makina appointments. In the
Mayor's absence. any necessary appointment may be made by the
presidina officer with the consent of the Council. When necessary.
the Mayor shall staaaer the initial expiration of terms of appointees.
such as in the case of a new commission or board. The Mayor shall
not appoint. nor shall the Council consent to the appointment of a
person to more than two 121 reaular board or commission positions
at a time. This rule shall not apply to the Plannina Hearina Board.
Because broad citizen participation is encouraaed. the Mayor and
Council shall aive due consideration to appointment of new aualified
members before re-appointina a person to more than three 131 full
terms on any sinale reaular board or commission.
D. Mayor Membership on Ashland Budget Committee,
For the purpose of local budaet law. the Mayor 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 Commissionj!" and Boards.
Committees.
The Mavor with the consent of the Citv Council mav add to the
membership of anv citv commission or board UP to two positions for
student liaisons. The student liaisons shall be non-votina ex officio
members of their respective commissions or boards. Once the
liaison positions have been added. the liaison from the hiah school
shall be a hiah school student chosen by the Ashland Hiah School
leadership class and the liaison from the university shall be a
university student chosen by the Associated Students of Southern
Oreaon University Student Senate. Student Liaisons need not be
appointed to every advisory commission or board.
F. Regular Membership Removal Process.
Page 3 of 10
The City Council. with or without cause. may by maiority yote of the
City Council at a reQular meetinQ. remove any reQular commission 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 aboye procedure. remoyal 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 3. AMC 2.04.100 [Operating Policies and Procedures Commissions,
Committees and Boards] is hereby amended to read as follows:
2.01.100 Operating Policies and Procedures Commissions, Committees and
80ards
fl.. Public Meeting La'"".
8. Robert's Rules of Order.
C. Deliberation.
D. Agendas and Minutes.
E. Absences.
F. Quorum.
G. Code of Ethics.
H. Lobbying.
I. Goals.
J. Role af Staff.
K. Final Decision Making.
L. Number of Meetings.
M. Notice.
N. Representing the Commission, Committee or 8oard.
O. 8udget.
P. Expenses.
Q. Committees.
R. Suspension of Operating Procedures
SECTION 4. AMC 2,04,110 [Council Liaisons] is hereby amended and
renumbered to read as follows:
Page 4 of 10
2.04.100 -14{) Council Liaisons to City Advisory Boards and Commissions.
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council liaison is to facilitate
communication between the City advisory body and the
Council. A Council Liaison is an ex officio non-votinq member
of the advisory body. not a reQular votinq member and shall
not serve as Chair. unless the Ashland Municipal Code
specifically reQuires the Liaison to serve as Chair or in a
votinq capacity. NotwithstandinQ the above. the Council
Liaison to the PlanninQ Commission shall be considered a
non-member Liaison and not an ex-officio member as reQards
Quasi-iudicial matters.
2. City Councilors serve as liaisons to City commissions
and boards. as well as ad hoc committees and task forces and
are expected to represent the full City Council in interactinQ
with the such entities.
3. City Councilors may attend meetinqs of City Advisory
Boards and Commissions and other ad hoc entities as citizens
of Ashland. When attendinq as a citizen. Council members
must identify their comments as personal views or opinions
not a representation of City Council policy.
8, Attendance,
Liaisons should attend all reqular meetinQs of the Commissions and
Boards. or Ad hoc Committees 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 roceedin . In the event of a continuin schedulin conflict
the Liaison should ask the Ma or to be reassi ned. iaisons shall
not attend uasi-.udicial roceedin s when the fina a eal or final
decision is or could come before the City Council)
~~:eneliberations,
The City Council values diversity of opinion. A siqnificant 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. Accordinqly. Council liaisons to City
advisory bodies should not attempt to direct debate. lobby, or
otherwise influence the direction or decisions of any advisory body
Page 5 of 10
to which he or she has been assiqned. Council liaisons are
encouraaed to field and answer auestions as appropriate for an ex-
officio member of the advisory bodv. Undue influence over the
decisions of any City advisory body shall be arounds for removal of
a Liaison assianment under paraaraph I below.
D, Respect for Presidina Officer.
City Councilors attendina advisory body meetinqs as liaisons 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.
City Councilors 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 encouraqe 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
periodically place on the Aaenda for the advisory body, an item
labeled "Report of Council Liaison".
F. Role of Liaison as Reaards Vacancies,
The Council liaison for each advisory body, toqether with the
advisory body chair and assianed staff liaison will make
recommendations to the Mayor for appointment of citizens to fill
vacancies on their respective advisory bodies.
G. '.'ac3nGies. Reporting to the Council.
Council liaisons shall periodically report to the entire Council on
sianificant and important activities of each advisory body to which
they have been assianed. Each advisory body should be invited to
aive a short annual presentation to the Council. Liaisons may seek
assistance from the relevant staff liaison to accomplish this
reportina responsibility,
H. +. Liaison Appointment Process and Term.
The Mayor will appoint a Councilor to act as a Council liaison to each
and every advisory commission or board. Councilors interested in a
Page 6 of 10
particular subiect 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 makinq appointment decisions.
Liaison appointments shall be for a term of one year unless
otherwise expressly stated. Appointments are qenerally made on an
annual basis in January and the Mayor shall make an effort to rotate
liaison assiqnments if there is more than one Councilor expressinq a
preference foran specific appointment..
.lJ. Removal from a Liaison Assignment
The Mayor or a Councilor may be removed for any reason from a
specific liaison position or assiqnment upon two-thirds vote of the
entire Council.
2.04.110 Council Representatives to State, Reqional, Community, and
other External Orqanizations.
A. Role and Responsibilities of Council Representatives.
1. City Councilors may be appointed, either by the City or
by another entity, to serve as the City of Ashland's
representative to State. Reqional, and Community
orqanizations. In all cases, the City's representative will
follow the bylaws and quidelines for service of the
orqanization to which they have been appointed.
2. The purposes of servinq as an official Representative to
State, Reqional, Community, and other external
orqanizations are to ensure effective workinq
relationships with other aqencies and orqanizations,
ensure that Ashland uses all possible avenues to
achieve community qoals: achieve City Council qoals
both within the community and in the Roque Valley:
protect the home rule authority of the City of Ashland to
make decisions that are best for the community: ensure
that key City revenue streams are protected: and secure
federal and state funds for proiects that benefit the City
of Ashland and other community institutions.
3. City Councilors are expected to represent the full City
Council in their work as Representatives. Representinq
a position other than the official position of the City of
Ashland is qrounds for removal under paraqraph E.
Page 7 of 10
1'. '. ICity Representatives servinq as votinq members on
another orqanization's Board of Directors (such as the
Roque Valley Council of Governments) should work in
the best interest of that orqanization when not in conflict
with best interest of the City of Ashland. When
presented with a conflict, the member shall declare the
conflict and,ifnecessarv,'recuse himself! herselffrom
the matter!
5. If the City Councilor servinq as a Representative is
asked to take an official position on an issue that affects
the City of Ashland and the City's official position is
unknown or unclear, the City Councilor should request
that the item be placed on a City Council aQenda in
accordance with AMC 2.04.030 for full City Council
action.
6. City Council members may attend meetinqs of state.
reqional, and community orqanizations as citizens of
Ashland. When attendinQ as a citizen, Council
members must identify their comments as personal
views or opinions not a representation of City Council
policy.
B. Attendance,
Representatives should attend all reqular meetinqs of the
orqanizations to which they have assiqned. In the event a Councilor
has difficulty attendinq, the Representative should find an alternate
to attend on the City's behalf. In the event of a continuinq
schedulinq conflict. the City Representative should ask the Mayor to
be reassiqned.
C. Reportinq to the Council.
Council Representatives shall periodically report to the entire
Council on siQnificant and important decisions activities of each
state, reqional, and community orqanizations to which they have
been assiqned. Council members may also request that
representatives of these orqanizations may be invited to qive a short
annual presentation to the Council.
D. City Representative Appointment Process and Term.
1. The Mayor will appoint a Councilor to represent the City
to state, reqional, and community orqanizations to which the
, Page 8 of 10
City is entitled to an official deleaate. The City Council shall
confirm these appointments.
2. The Mavor and City Councilors may also be invited bv
external oraanizations to represent either the City of Ashland
or "Cities" in Qeneral. In these cases, the Mavor or Councilor
that has been asked to serve will inform the City Council in a
reaular meetinQ of the assianment and reauest that the City
Council confirm the appointment.
3. 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. City
Representative appointments shall be for a term of one year
unless otherwise expresslv stated. Appointments are
aenerallv made on an annual basis in January and the Mavor
shall make an effort to rotate liaison assianments if there is
more than one Councilor expressina a preference for an
specific appointment..:
E. Removal from a Representative AssiQnment
The Mavor or a Councilor may be removed for any reason from a
specific representative position or assianment upon two-thirds vote
of the entire Council.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses
of this ordinance are severable, The invalidity of one section, subsection,
paragraph, or clause shall not affect the validity of the remaining sections,
subsections, paragraphs and clauses, '
SECTION 6. 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 5-6) 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 , 2010,
and duly PASSED and ADOPTED this day of ,2010,
1
Page 9 of 10
Barbara Christensen, City Recorder
SIGNED and APPROVED this
Reviewed as to form:
Richard Appicello, City Attorney
Page 10 oflO
day of
John Stromberg, Mayor
,2010.
....._.._"_.._.R........................_.R..." '...___
.
From: Russ Silbiger <russ@council.ashland,or.us>
To: Richard Appicello <appicelr@ashland,or,us>, Martha Bennett
<ben nettm@ashland,or,us>
Date: 11/20120091:24:04 PM
Subject: Commissions
Here is my compilation of stuff, I went through most of them at the meeling, there are a couple more,
Sorry it took so lone getting them to you.
2,10,070 Rules and Regulations
The advisory commission, commission or board may make such rules and regulations as are necessary
for its governance, including conduct of meetings, when not inconsistent with the Ashland City Charter,
Ashland'Municipal Code, or Oregon law, These rules may be less formal than Robert's Rules of Order. In
the event of conflicts that carinot resolved less formally, Robert's Rules of Order shall be used as the
standard for meeting rules and procedures when not in conflict with the Ashland City Charter, Ashland
Municipal Code or Oregon law. The body will strive to be clear and fair in its proceedings,
The above is still too wordy, but you get my drift.,
2.10,080, 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 advisory commissions, committees and boards
must be independent, impartial, responsible and not use their position for personal gain or to benefit or
harm others, Advisory commissions, committees and boards shall operate in the general public interest
serving the community 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, including but not limited to the State of Oregon Criminal Code, ORS
244 and in AMC Chapter 3.08.
1) In general, is the above a repetition of our code of ethics?
2) The specific 'endorsemenr provision seems to only exist here (as opposed to our ethics code), so Is it
needed, and if so it should be clear that it has to do with the commissioners role, not in general - or else it
prohibits a business person from endorsing their own product
2.40,D 2.04,090 Commissions, Committees, and Boards
B. Council Ad-hoc Committees and Task Forces,
The Mayor shall have the authority, with consent of the Council, to form ad-hoc committees or task forces
to deal with specific tasks within specific time frames.
Clean up - appointments to commissions -either Mayor or Council
, Clean up - change Audit Committee to Audit Commission
Clean up? Band Board - can we fold them in to this as well?
Student liaisons as ex officio - do we want these on all commissions - planning, audit, budget?
2,04,100110 Council Liaisons
B, Attendance,
Liaisons should
~- _....._-~_._--.
I. Liaison Appointment Process and Term.,
Appointments are generally made on an annual basis In January and the Mayor shall
make an effort to rotate liaison assignments if there is more than one Councilor's preference for an
appointment
(My suggested language)
2,11,01 D, Municipal Audit Committee Commission Established,
The fifth voting member shall be the City Recorder. needs to be struck
Airport Commission request to have a voting member of Transportation Commission, (Council will or won't
act on this)
Term Limits-
, Because broad citizen participation is encouraged, the Mayor give due consideration to appointing new
members after a person has served more than three (3) full terms on any single Regular Board or
Commission, (My suggested language)
:; '.-" "':~.' 'r-c.;"":'.;,,;,:,,:_~;_,;, __ ............~ no ~ .. ~h.;..;... __.'"
-~_._-~~....... ..-.. .....
---..-...
....~..---_. -~ -.......
From:
To:
Date:
Subject:
Russ Silbiger <russ@council,ashland,or,us>
Kate Jackson <kate@council.ashland.or,us>
11/16/2009 10:05:47 AM
Re: suggested language on liaison role
.
Kate,
I've had this as suggested language for a while (if we ever get to them). This would be 2,10,070; 2.10.075
would be deleted.
2.10,070 Rules and Regulations
The advisory commission, commission or board may make such rules and regulations as are necessary
for Its govemance, including conduct of meetings, when not inconsistent with the Ashland City Charter,
Ashland Municipal Code, or Oregon law. These rules may be less formal than Robert's Rules of Order, In
the event of conflicts that cannot resolved less formally, Robert's Rules of Order shall be used as the
standard for meeting rules and procedures when not in conflict with the Ashland City Charter, Ashland
MunIcipal Code or Oregon law. The body will strive to be clear and fair in its proceedings,
Russ SlIbiger
Ashland City Councilor
russ@council.ashland,or.us
541-482-6907
This email is SUbject to Oregon public records law for disclosure and retention.
- Kate Jackson wrote:
I Martha and Richard, and fellow councilors:
I
II have attached a Word document with a suggestion for revising the language on page 5 of 7 of the
ordinance amending 2,04.100. When David and I developed these proposed rules for commissions, there
were difficulties and I remain convInced of the need for these guIding principles, I find the current version
too strongly worded. So I am making a suggestion as an alternative.
I '
I Council already discussed that we believe council liaisons should be ex officio members of commissions,
sitting at the table and being called on like any other member of a cIty commission by the chair.
I
I The minutes also show we agreed on appointments of 3 terms maximum with the mayor encouraged to
replace older appointments with new members as appropriate, I know we discussed 'removal' but am not
clear in my mind what we sellied on. Does staff have revised language? '
I
II believe there are two topics remaining for us: (1) whether or how Roberts' rules apply to 'less formal'
(how define?) commissions and (2) whether the chair can make and vote on motions, These are items 4
and 5 on the october 6 staff communication,
I
I Other than clean-up needed to straighten out the ex officio, term IImi~ and removal language throughout,
I have no other suggested changes to eIther of the two ordinances, The longer one, 49 pages, seems
ready to adopt first reading,
I
I Thank you for bringing these documents to Council.
I
I Sincerely,
[ Kate Jackson
I
~~:...;.~;...:,:,..
'~'U;__H" ,......~___H__...__ ~...__
U.._....._.H.__.
__...._M .~.
cc: Richard Appicello <appicelr@ashland,or,us>, Barbara Christensen
<christeb@ashland,or,us>
............._._ . ._..........~.._._..ft....... . ~. .. . .. .... ._. ~"'_ _
.-........,.....
.._...., ..._... . ... .. '". '... .*,.,,,. Uft ...,~~ ._... _"._" ._.. ..~_._,._..._, ""__ft ..._.__..._....._......... ......._ . ' _._.., ". ,
From:
To:
Date:
Subject:
Martha Bennett
Richard Appicello
12/03/2009 12:59:40 PM
REALLY FINAL THIS TIME
.
I am really done,
Martha Bennett, City Administrator
City of Ashland
20 East Main Street, Ashland OR 97520
(541) 552-2103 or (541) 488-6002, TTY 800-735-2900
FAX: (541) 488-5311
This email is official business of the City of Ashland, and it is subject to Oregon public records law for
disclosure and retention. If you have received this message in error, please let me know, Thank you,
SECTION 3. AMC 2,04,110 [Council Liaisons] is hereby amended and
renumbered to read as follows:
2.04,100 ~ Council Liaisons to City Advisorv Boards, Commissions, and
Committees
A. Role and Responsibilities of Council Liaisons.
a. The primary role of a Council liaison Is to facilitate
communication between the City advisory body and the
Council. A Council Liaison is not a member of the advisory.
bodv. is not a votinQ member and mav not serve as Chair. "
unless specifically required bv the Code for that advisorv
body, _ _u _ . . _ _ __ __ _ _ . __ _ __ __
b. City .are expected to represent the full City Council in .their
work as liaisons, - . . ,
~--------------------- ---------..-. ---
, "
C, City Council members mav attend meetinQs of City Advisory , .
boards and commissions as.citlzens of Ashland, When "
attendino as a citizen. Council members must identify their - - - -., "
"
comments as personal views or opinions not a representation "
"
of City Council policy. _ _ _ _ _ _ . _ _ _ __ __ _ _ _ , _ _ _. , _ _ _ ~ ':'
. ,
"
"
"
"
,
,
B, Attendance. "
Liaisons.should attend all reoular meetinos of the Boards and __ __ _ __
Commissions to which they have asslQned. 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 proceedino. In the event of
a continuino schedullnQ conflict, the Liaison should ask the Mavor to
be reassiQned. Liaisons .should not attend Quasi-iudlcial _ _ _ _ _ _ ,_ _ _ _ _ --
proceedinos when the final appeal or final decision Is or could come
before the City Council.
Page Iof5
,
,
"
"
"
"
"
, .
, ,
,
,
, Deleted: relevant omanlzatlon
, Deleted: As relates to non.
" molanal Dr cltv advlsolV
,
, commissions. commltt.uD9 and
I!2!r!!i..!!
Deleted:. Notwllhsundlna the
above. If a Cftv Councilor. Mayor or
other elected official Is D member
(vatlne or non.voUnal of an
advlslllv commIssion. committee
or board. the Code will sDllclfleaUv
doslonate them DS such
Deleted: I.
- . nefeted: This DlIloecbltJon extends
to reomsentatfon of the Cltv In
fennal me&tfnos.lnfonTlal
meeUnas Bnd lobbvlna. In all othar
, InstancDS council
Deleted: COl.lncllol'1l serve as
liaisons to commissIons.
committees. boards. eammunltv
, orQsnlzatlons and other aoonclas
, and
,
Deleted: fntolilctlno with the araun
, Deleted; IndivIduals
,
Deleted: Dnd will
'.
, . Deleted:S
Deleted: ~
Deleted: shall
Deleted: . Committees. Boards. Dr
Task Forces
DeJeted: shall
Fo~: Indent: left: 36 pt,
Flrstllne: o pt, Tabs: Not.t 54 pt
Formatted: Bullets Bnd Numberfng
Deleted: . . .'
Formatted: Indent: left: 36 pt, No
bullets or numbering
Deleted: under no cln:umstances
Ju
Deleted: !.
. Deleted: y:
Deleted: 12
Deleted: _ Anv attllmDt to do so
may result In removal from the
liaIson DoslUon Accordlnatv.
. Deleted: may wfsh to
,,-
.(\
\\
"
.'
questions. Undue influence over the decisions of any City advisory
body shall be Qrounds for removal of a liaison asslqnment under
paraQraph J.
Deleted: <#>Thts restriction on
del/hemlCR. lobbllfno and
dlrectlm::J debate doss not Boolv to
a liaison who Is feof'1lsantlna the
Cltv Council's DOsltlon on n
realons! bodY that Includes elected
officials from other JurIsdlctlons.,
J?c ~!!~I?~c:t.for Presidinq Officer, _ _ _ __ _ _ _ _ u _ _ _ _ _ _ _ _ _ _ u _ _ _ _ _ _ _ _ _..'
Except where the Code expressly provides otherwise, Citv
Councilors attendinQ advisory body meetinQs as liaisons are not
"members" of the advisory body and as such cannot participate in
the proceedinQs of the advisory bodv as a matter of riQht.
Councilors attendin!! advisory body meetin!!s as liaisons .shall _ _ __ _ _ _ . _ .
accord the same respect toward the Chair and other members as '.
thev do towards the Mayor. PresldlnQ officer or each other,
E, Councillnformalion.
"
,
- Deleted: When the Council liaIson
Is r&oresentlna the Cltv Counel! on
a malonal body. the Ualson has all
rfahts and DOwers of 8 member as
set forth In the statutss. rules Dr
ordlnan.cas creatlno such body.
, Accordlnolv.
, Deleted: or reolonal body
,
Defeted: Dr 85 Individuals
Deleted: lfalsons
Deleted: Council
.
"
"
"
"
City Councilors will Inform the advisory bodies to which they have
been appointed liaison of Council aqimda items and .decisions that. - - '- ,
may be of interest to the advisory bodv. Liaisons shall also . - .. -
encouraqe advisory board members to attend Council meetinqs to
keep abreast of Council action. pollcv matters and the activities of
the city. To facilitate the above. and notwithstandinQ anv other
provision of the Code. the Chair of an advisory bodv shall
periodicallY 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 bo'dv. toqether with the
advisory bodY chair and asslQned staff liaison will make
recommendations to the Mayor for appointment of citizens to fill
vacancies on their respective advisory bodies.
G. Reporting to the Council.
Council liaisons shall periodicallY report to the entire Council on
sl!!nlflcant and Important activities of each advisory body to which _ _ _....
thev have been assloned. Each advisory bodv.should be invited to _.'
qive a short annual presentation to the Council. Liaisons may seek- - -. - -
assistance from the relevant staff liaison to accomplish this
reportino responsibilitv.
.
.
.
.
,
,
,
The Mayor will appoint a Councilor to act as a Council liaison to each "
and every advisory commission, committee, or board. Councilors _ _ _,;.
I. Liaison Appointment Process and Term,
Deleted: or reolonal bodY
Deleted:. In addlnon. each
Deleted: Bnd realonal bodv
Deleted: as wollDs anY other
, communltv omanlzaUon. enUtv Dr
, iloencv rorwhlch DartJcloaUon of
an elected omclal from the Cltv of
Ashland Is detennlned to bu
nocBRSarv or beneficial to the CItv
Deleted: Councilors who are
BoooTntlld to Commfsslons.
Commftlees or Boards as members
(votina Dr non~vDllna) may also
sorve DS liaisons.
Page 2 of5
interested in a particular subiect area should Inform the Mavor of
their interest and the Mayor 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 vear unless otherwise expresslv stated, Appointments are
qenerallv made on an annual basis in January and the Mayor shall
make every effort to rotate liaison assiqnments.
J, Removal from a Liaison Assignment
The Mavor or a Councilor mav be removed foranv reason from a
specific liaison position or assiqnment upon two-thirds vote of the
entire Council.
2.04.20044tl Council Representatives to State, Reqional. Community, and
other External Orqanizations
B. Role and Responsibilities of Council Representatives,
a. Cltv Councilors may be appointed, either by the City or bY _ _ _ _ ~'. _ -
another entity, to selVe as the Cltv of Ashland's representative .
to State. Reqional, and Community orqanizations. In all cases.
the City's representative will follow the bv-Iaws and quidelines
for selVice of the orqanlzatlon to which thev have been
appointed.
b. The purposes of selVlnq as an official Representative to State,
Reqional. Community. and other external orqanizations are to
ensure effective workinq relationships with other aqencies and
orqanizatlons, ensure that Ashland uses all possible avenues
to achieve community qoals: achieve City Council qoals both
within the community and in the Roque Valley: protect the
home rule authoritv of the City of Ashland to make decisions
that are best for the community: ensure that key City revenue
streams are protected; and secure federal and state funds for
proiects that benefit the City of Ashland and other communitv
institutions.
c. City Councilors are expected to represent the full City Council.".
In their work as Representatives. Representinq a position
other than the official position of the City of Ashland Is
Qrounds for removal under paraqraph E.
.. - - - of Formatted: Bullets and Numbering
Formatted: Font: (Default) Arial,
BokI, Underline
, RII.....tIed: NonnaJ (Web), Inden~
Left: 54 pt, Numbered + Level: 2 +
Numbering Style: a, b, c, _. + Start
at: 1 + AlIgnment: left + Aligned at:
72 pt + Tab after: 90 pt + Indent
at: 90 p~ Tabs: 36 p~ Ust lob +
Not at 90 pt
Fonnatted: Font: (Default) ArIal,
Bold, UnderRne, Font coWr. Auto
Formatted: Indent: left: 54 pt,
Hanging: IB p~ Space Before; 0 pt,
After: 0 p~ Tabs: 36 p~ list lob
Formatted: ~lIlets and Numbering
d. City Representatives selVinq as votlnq members on another . - - - 'I Formatted: Bullels and Numberlng I
orqanization's Board of Directors (such as the ROQue Valley
Council of Governmentsl should work In the best interest of
,Page 3 of5
that orllanization it is in conflict with best interest of the City of
Ashland.
e. If the City Councilor servinll as a Representative is asked to
take an official position on an issue that affects the City of
Ashland and the Citv's official position is unknown or unclear,- -
, the City Councilor should relluest that the item be placed on a
Citv Council allenda in in accordance with AMC 2.04,030 for. _ _ _ _ _ .
full City Council action... . __ __ __ . __ __ __ __ _ " '. . _, __ . __ ..
f, Citv Council members mav attend meetinlls of state, reQional,
and community orllanizations as citizens of Ashland. When
attendinll as a citizen. Council members must Identify their
comments as personal views or oplnlons.not a representation
of City Council policv.
B. Attendance.
Representatives should attend all rellular meetlnQs of the
orllanlzatlons to which thev have asslQned. In the event a Councffor
has difficulty attendinll, the Representative should find an alternate,
to attend on the City's behalf. In the event of a contlnuinll
schedulinll conflict, the City Representative should ask the Mavor to
be reassiQned.
C. ReportinQ to the Council.
Council Representatives shall periodicallv report to the entire
Council on slQniflcant and important decisions activities of each
state. reQlonal, and community ortlanizations to which thev have
been assiQned. Council members mav also reQuest that
representatives of these orQanizations may be invited to llive a short
annual presentation to the Council.
D. City Representative Appointment Process and Term.
a.. The Mavor will appoint a Councilor to represent the City to
state, reQlonal, and community ol'Qanizations to which the City is
entitled to an official deleQate. The City Council shaff confirm these
appointments,
. - - - - Formatted: Bullets and Numbering
Formatted: Font. (Det'ault) Arlal,
Bold, Underline
Fonnatted: Font: (Default) Arial,
Bold, UnderlIne
Formatted: Font: (Default) Arlal,
Bold, Underline
b. The Mayor and City Councilors may also be invited bY external
orQanizations to represent either the City of Ashland or "Cities" in _ _ - Formatted: Font: (Defau~) Arlal,
lleneral. In these cases. the Mayor or Councilor that has been asked - - Bold, Underline
to serve will inform the City Council in a reQular meetinQ of the
Page 4 of5
asslQnment and request that the City Council confirm the
appointment.
c. 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. City Representative
appointments shall be for a term of one vear unless otherwise
expresslv stated. Appointments are Qenerallv made on an annual
basis in January .
E, Removal from a Representative Assiqnmenl
The Mavor or a Councilor mav be removed for anv reason from a .
specific representative position' or assiQnment uPon two-thirds vote
ofthe entire Council.
Page 5 of5
.
From: Kate Jackson <kate@council,ashland,or.us>
To: Martha Bennett <bennettm@ashland,or.us>, Richard Appicel
<appicelr@ashland.or.us>, christeb <christeb@ashland.or,us> '
Date: 11/15/200'910:14:20 PM
Subject: suggested language on liaison role
Martha and Richard, and fellow councilors:
I have attached a Word document with a suggestion for revising the language on page 5 of 7 of the
ordinance amending 2.04,100. When David and I developed these proposed rules for commissions, there
were difficulties and I remain convinced of the need for these gUiding principles, I find the current version
too strongly worded, So I am making a suggestion as an alternative,
Council already discussed that we believe council liaisons should be ex officio members of commissions,
sitting at the table and being called on like any other member of a city commission by the chair,
The minutes also show we agreed on appointments of 3 terms maximum with the mayor encouraged to
replace older appointments with new members as appropriate, I know we discussed 'removal' but am not
clear in my mind what we settled on. Does staff have revised language?
I believe there are two topics remaining for us: (1) whether or how Roberts' rules appiy to 'less formal'
(how define?) Commissions and (2) whether the chair can make and vote on motions, These are items 4
and 5 on the october 6 staff communication.
Other than clean-up needed to straighten out the ex officio, term limit, and removal language throughout, I
have no other suggested changes to either of the two ordinances. The longer one, 49 pages, seems
ready to adopt first reading,
Thank you for bringing these documents to Council.
Sincerely,
Kate Jackson
cc: john stromberg <john@council.ashland,or,us>, Eric Navickas
<eric@council.ashland,or,us>, Carol Voisin <carol@council.ashland.or,us>, greg
<greg@council.ashland,or,us>, Russ Silbiger <russ@council,ashland,oLus>, David Chapman
<:david@council.ashland.oLus>, Kate Jackson <kate@council.ashland,oLus>
November 16, 2009
From Kate Jackson
To: Council, Mayor and staff
Here is my suggestion for revising two paragraphs of the ordinance language
governing the role of council liaisons in their interaction with city internal
commissions.
on page 5 of?
2.04,100 C, Deliberations, a. presently reads:
"The City Council values diversity of opinion, A significant 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,
Accordingly, 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 assigned, Any attempt to do
so may result in removal from the liaison position. Accordingly, Council liaisons
may wish to limit their participation during debate and deliberations to answering
questions."
I propose, after the second sentence, to add one sentence and alter the
beginning of the next one: "Liaisons are encouraged to participate in discussion
and to field and answer questions as appropriate for an ex-officio member of the
body." Here I would delete the following five words: "accordingly, under no
circumstances is" and replace them with "However, a liaison to a City advisory
body should not attempt to direct debate ..." continue as it is now, but delete the
last sentence, As a member of a body, the liaisori is expected to follow the rules
and wait for recognition by the Chair before speaking, as does any other member
of the body. This decorum is also noted in the following paragraph,
D. Respect for Presiding Officer
Present text:
"Except where the Code expressly provides otherwise, City Councilors attending
advisory body meetings as liaisons are not "members" of the advisory body and
as such cannot participate in the proceedings of the advisory body as a matter of
right. When the Council liaison is representing the City Council on a regional
body, the Liaison has all rights and powers of a member as set forth in the
statutes, rules or ordinances creating such body, Accordingly, Councilors
attending advisory body or regional body meetings as liaisons or as individuals
shall accord the same respect toward the Chair and other members as they do
towards the Mayor, PreSiding officer or each other.
"
I think this paragraph will be more clear if it is simplified to just one sentence, the
third and last one, The first sentence is not relevant if we agree that liaisons are
members of a commission.
The next sentence is about membership in a regional body. this would seem to
be more clear if it is stated as a paragraph (A) (c) role of liaisons on the previous
page, page 4 of7.
The third and last sentence can stay; I would remove the adverb 'accordingly', ,
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2: Pt 2. Commissions Committees and Boards
Meeting Date: January 19, 2010 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: 10 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 and set Second Reading for
February 2, 2010.
Background:
[The A2enda item below is unchan2ed from the Seotember 8, 1009 version. A summarv of c/lan2es
to Part I and Part II is included in the Council Communication for the comOOllion 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 auached 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 wilh the outline presently in AMC
2.04.090 and AMC 2.04.110.]
This Ordinance does the following:
I. 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 2,04,100] 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 I of2
~..
Ir_~
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, I 0, 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:
(I) Move to approve First Reading of the ordinance and set second reading for February 2, 2010.
(2) Postpone First Reading.
Potential Motions: ,
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor February 2,
2010.
Attachments:
Proposed ordinance,
Page 2 of2
r~'
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 AND
BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT
COMMISSION; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW
CHAPTER 2,15 FOREST LANDS COMMISSION, :4NEWTHAP'fEifU2
BUILDING BOARD OF APPEALS 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 ASI-!LAND AIRPORT
COMMISION, AMC 2.24 HISTORIC COMMISSION, AMC 2.25 TREE
COMMISSION, ~1f2:56BAND'BOARQ, REPEALING RESOLUTIONS 1995-
25,1996-18,2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29
CONCERNING PUBLIC ART AND ~MENDING CHAPTER 15.04
" ..-
Annotated to show deletions 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 ~nd 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 (now Commission) in the Ashland Municipal Code and edit existing
ordinances to reduce duplication; and
Page I of 55
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 and Boards] il; hereby added to the Ashland Municipal
Code to read as follows:
2.10 Uniform Policies and OperatinQ Procedures for Advisory Commissions
and Boards
2.10.005 Purpose. Advisory commissions and boards (advisory bodies)
require uniform rules, policies and operatinQ procedures to assure
maximum productivitv and fairness for members and the public. Except
where otherwise provided in this Code, the followinQ policies and
procedures Qovern all the Citv's commissions and boards, as well as ad ho
entities. NothinQ herein removes the requirement for compliance with
more specific reQulations and Quidelines set forth by state statute,
administrative rule, ordinance, or resolution specific to the advisory body.
These rules do not apply to the elected Parks and Recreation Commission.
2.10.010 Created or Established. See individual Commission 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 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
/1,- H serve four (4) year terms. All reQular terms shall commence with
:J~ 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. Members may serve
three (3) terms on any sinale commission or board, after which time the
Mayor and Council will Qive due consideration to other Qualified candidates
before makina a reappointment. Any vacancy shall be filled by
appointment by the Mayor, with confirmation by 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 by law, the
number of meetinQs related to business needs of an advisory commission,
or boards may be set by the advisory body. All members are expected to
attend all reQularly 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. Any member who has two or more unexcused absences in a
six month period [i.e. January 1- June 30 or July 1 - December 311 shall be
considered inactive and the position vacant. Further any member not
Page 2 of 55
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 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 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. Secretary, and Subcommittees. At its first
meetinQ of the year the advisory commission 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 serye 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 body can make
Page 3 of 55
recommendations to the City Council. Subcommittees must comply fully
with the requirements of Oreqon Public Meetinqs law.
2.10.055. Role of Staff. At least one staff person is assiqned to work with
each advisory commission or board. The staff liaison provides
professional Quidance, 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 request 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 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
encouraaed to access those documents from the web site. Staff will email
or mail documents to members upon request. The Council Liaison shall
periodically be aiven the opportunity to report to the commission or board.
2.10.065. Goals. Advisory commissions and boards are encouraaed 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 ways within their own uniaue responsibilities to do
so.
2.10.070. Rules and Reaulations. The advisory commission or board may
make such rules and reaulations as are necessary for its aovernance,
includina the conduct of meetinas, when not inconsistent with Ashland
City Charter, Ashland Municipal Code or Oreaon law. These rules may be
less formal than Roberts Rules of Order. In the event of conflicts that
cannot be resolved less formally, Roberts Rules of Order shall be used as
the standard for meetina rules and procedures. 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 proceedinas.
2.10.080. Code of Ethics. The City of Ashland is committed to the hiQhest
ethical standards for its public officials. To ensure public confidence, all
members of advisory commissions and boards must be independent.
impartial, responsible and not use their position for personal aain or to
benefit or harm others. Advisory commissions and boards shall operate in
the aeneral public interest servina the community as a whole and shall
serve no special interests. Advisory commission and board members shall
not endorse in their official capacity any commercial product or enterprise.
Members should be aware the criminal codes, ethics and conflict of
Page 4 of 55
interest laws set forth in state statutes and city ordinances, includinQ 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 presidina 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 riaht 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 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 or board,
which funds, if required by the terms of the aift, bequest or devise, 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 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 the
advisory commissions 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 confe'rences
and associated travel expenses related to official business.
2.10.105 Reports. Advisory commissions 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 bindina on the
mayor or city council.
2.10.110, Lobbyina and RepresentinQ 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
Page 5 of 55
specifically directed by the City Council to state the city's official position
on federal. state or county leaislative matters, no lobbyina before other
elected bodies or committees will be undertaken by members of advisory
commissions and boards. An individual member is free to voice a position
on any issue as lona as it is made clear that the speaker is not speakina as
a representative of the city or as a member of an advisory commission or
board. Advisory body members are prohibited from enaaaina in political
activity in accordance with ORS 260.432.
SECTION 2. A new Chapter AMC 2,11 [Municipal Audit Commission] is hereby
added to the Ashland Municipal Code to read as follows:
2.11 Municipal Audit Commission.
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 Commission,
(formerly known as Municipal Audit Committee).
2':1'1.010, Municipal Audit Commission ,Established. The Municipal Audit
Commission is established and shall consisfof four (4) votinq members!
Notwithstalldina:ahyOthElrprovisiohofthe Ashlalld Municipal COdei:four.
yotina rnembersshallbe appointed by the city cOllnciland shall consist of
ttie'Mavor ora Councilor, one Budaet C6mmitteeTl11el11ber,alldtwoCitizeris
at larae, The City Recorder shall be anex.:offiCio non-IfotinamemberJ
2.11.015. Modified Terms and Qualifications
A. Terms. Notwithstandina any other provision of the Ashland Municipal
Code, the terms of the Mayor or Councilor, Recorder and Budaet
Committee member shall be for one-year each expirina on April 30 of each
year. All other terms shall be as provided in AMC 2.10.020.
B. Qualifications. In makina the citizen at larae appointments, the council
shall aive preference to persons with accountina or auditina experience,
backaround or expertise.
2.11.020. Duties and Responsibilities. The Municipal Audit Commission
shall be responsible to:
A. Recommend to the council an independent firm of certified public
accountants to perform the annual audit of the city.
B. Analvze and report to the council sianificant findinas in the annual
audit report and make recommendations reaardina such findinas.
Page 6 of 55
C. Make recommendations, if any, to the council reQardinQ the
followinQ financial documents:
1. Annual financial statements,
2. ManaQement 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 require the presence of any city official at its
, meetinQs.
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-Qrowth forest ecosystems on city-owned forest lands
to provide hiQh Quality water for domestic supply. The role and
responsibilities of the Forest Lands Commission were first established in
February 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) votinQ members includinQ a
representative of the Ashland Parks Commission. The Commission may
also consist of certain non-votinQ ex-officio members, includinQ a
representative of the USDA Forest Service Ashland RanQer District, a
representative of the OreQon Department of Forestry, a member of the City
Council, a representative from the Tree Commission, the Director of Public
Works, Director of Planninq, Fire Chief, Police Chief, Parks and Recreation
Director or their desiQnees.
2.15.015 Powers and Duties - Generallv. 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 inteQrated, interdisciplinary direction and oversiQht for
the development of forest ecosystem manaQement plans and related
activities in the Ashland watershed.
Page 7 of 55
C. To develop a strona communitv volunteer proQram 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 the forest manaaement needs and
concerns of the City and of private land owners in the wildland urban
interface.
F. To promote public knowledQe and acceptance of the Ashland
Forest Plan proarams.
SECTION 4. A new Chapter 2,19, rHousinq Commission], is hereby 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 ranQe of city residents, to enhance cooperation between the public
and private sectors, to encouraae financial entities to support housinQ
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 housinQ.
2.19.010 Established-Membership The Housina Commission is
established and shall consist of nine (9) votina members and one (1) non-
votina ex-officio member who shall be the City Housina ProQram
Specialist.
2.18.015 Powers and Duties-Generally 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 55
D. To review and make recommendations to the City Council on the
Housinq Trust Fund and related allocations;
E. To investiQate federal, state, county and private fundinQ for
implementation of city housinq proqrams;
F. To act in an advisory capacity and to provide advice and quidance
to the City Council and other commissions on housinq related
matters;
G. To oversee the dissemination of accurate information on the city's
housinq supply and affordability; ,
H. To monitor proiects funded with the Community Development
Block Grant (CDBG) and the Housinq Trust Fund; ,
I. To foster public knowledQe and support of official city housinq
proqrams
SECTION 5. Chapter 2.12, [Planninq Commission!. is hereby amended to read
as follows:
2.12 City Planning Commission
2.12.010 Established Membership Created
There is established created a City Planning Commission consistinq 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
leqal 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 (1) years.
2.12.035 Terms of Office Attendance
All appointed Commissioners shall be expected to attend regularly
schedllled Planning Commission meetings, stlldy sessions, and Hearings
Soard meetings, when applicable. Any Commissioner having t.....o (2)
unexcused absences in a six (6) month period shall be considered inactive
Page 9 of 55
and the position vacant. Any Commissioner not attending a minimum of
two thirds (2/3) of all scheduled meetings shall be considered inactive and
the position 'Jacant. Attendance shall be revie.....ed by the Commission
during the regularly scheduled meetings of January and July, with
recommendations sent to the Mayor and Council f~r replacement, if
necessary.
2.12,040 Elections of Officers Annual Report
The Commission, at its first meeting, or as set forth in the Planning
Commission bylaws, shall elect a Chair and a Vice Chair, ami shall appoint
a SeGretary who need not be a member of the Commission, all of whom
shall hold office at the pleasure of the Commission. The Secretary shall
keep an accurate record of all proceedings, and the City Planning
Commission shall, on the first day of October of each year, make and file a
report of all its transactions with the City Council.
2.12,050 Quorum Rules and Regulations
Five (5) members of the City Planning Commission constitute a quorum.
The Commission may make and alter rules and regulations for its
gO'/ernment and procedure, Gonsistent with the la'....s of the state and shall
meet at least once e\<ery thirty (30) days. The recommendation to the City
Council of any amendment to the Land Use Ordinance or Comprehensi':e
Plan shall be by the affirmative '/ote of not less than a majority of the total
members of the commission.
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.
8, 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 55
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)
2.12.0110 Funding Gifts and Bequests
The City Council may annually budget such sums, and authorize the
employment of consulting advice and/or necessary staff to carry out the
powers aRd duties delegated to the City Planning Commission and its
subcommittees set forth in this chapter. The Commission may receive
gifts, bequests or de'.I'ises of property to carry out any of the purposes of
this chapter, .....hich shall be placed in a special fund for the use of said
Commission.
SECTION 6. Chapter 2.13. [Transportation Commissionl. is herebv 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 55
B. Mission. The need for a Transportation Commission is emphasized in
the Tran~portation 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 concept 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 Duties, Generally. The Transportation Commission
will r-e':iew and make recommendations on the following topics as it
relates to all modes of Transportation:
1. Safety: will de'.'elop, coordinate and promote transportation
safety programs;
2. Planning:
* '.!'Jill re\.ie..... and serve as the primary body to de'.'elop
recommendations to the City's long range transportation
plans.
* Will re'/iaw and make recommendations in Type III Planning
J'.ctions during the pre application process.
3. Funding: will make recommendations to the City's
transportation section of the Capital Improvements Program;
4. Advocacy: '....iII 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 120[55
D. Powers and Duties, Specifically. Tile Tram:portation Commission
will revie\\' and forward all traffic implementation regulations to tile
Public \!\lorks Director fur final approval and implementation of
official traffic safety and functional 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. Tile Cllair will
be elected among its members annually. .II. vice ch.air will also be elected
among its members to serve in the chair's absence and wllo 'lliII succeed
to tile chair on April 30 following tile 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.
'M "2-
Including the staff liaison, there will be eleven (7.':) 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 addition to the eleven non voting ex
officio members, a student member may be appointed and would serve as
an additional non 'foting ex officio member.
2.13.030. Powers and Duties, Generally. The Transportation Commission
will review and make recommendations on the followinQ topics as it relates
to all modes of Transportation:
1. Safety: will develop, coordinate and promote transportation safety
prOQrams:
2. PlanninQ:
. Will review and serve as the primary body to develop
recommendations to the Citv' s 10nQ ranae transportation plans.
. Will review and make recommendations in Type III PlanninQ Actions
durina the pre-application process.
3. Fundina: will make recommendations to the City's transportation
section of the Capital Improvements ProQram:
4. Advocacy: will advocate and promote all modes of transportation
to make modal equity a reality.
Page 130f55
. Facilitate coordination of transportation issues with other
Qovernmental entities.
· Select one or more member liaisons to attend and participate in
meetinQs with other transportation related committees in the ROQue
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.
2.1J.OJO Term ami Vacancies
,... Term. The term for each voting member shall be three years,
expiring on April JOlll.
8. Initial Term Transition. Three of the nine members shall be
appointed to initial terms expiring April JO, 2010; three of the nine
shall be appointed to initial terms expiring April JO, 2011; and three
shall be appointed to initial terms expiring April JO, 2012. Follov:ing
these initial terms, all members shall serve for J year terms expiring
J'.pril JO.
C. Vacancy. Jl.ny '.'acancy shall be filled by appointment of the Mayor
and confirmed by the City Council, for the unexpired portion of the
term. Jl.ny commissioner .......ho 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 voting 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 .....ith 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 Transport<l;tion
Page 14 of 55
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 Traffic 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 af 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 Development Directar.
Page 15 of 55
2.13.070 Compensation
Voting members of the commission shall receive no compensation for
service '""hile on the Transportation Commission or Traffic Sub Committee.
SECTION 7. Chapter 2.17. [Public Arts Commission], is herebv amended to
read as follows [Note: several deleted sections are moved to a new Chapter 2.29
(Public Art Process) set forth below]:
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
I'.. "Acquisition" means the inclusion of an arn\'ork in the Ashland Public
Art Collection by any means including direct purchase, commission or
acceptance of a gift.
B. "^rn\'ork" means visual works of public art as defined herein.
C. "Ashland Public Art Collection" means all public art acquired by the City
by any means.
D. "Capital impro'/ement program (CIP)" means the city's' program for
ad'/ance planning of capital impro\'ements.
Page 16 of 55
E. "City project" or "project" means any capital improvement project in an
amount oyer $25,000 paid fur 1J'.'holly or in part by the city of I\shland to
purchase or construct any public building, decorati':e or commemorative
public structure, sidewalk, or multi use pathway construction, park facility
construction, or any portion thereof, .....ithin the limits of the city of Ashland.
"City project" or "project" does not include public utility impro':ements,
(e.g. electric, water, sewer, or stormwater), LID improvements, including
but not limited to streets, sidewalks and associated impro'..ements,
property acquisition, earth .....ork, emergency work, minor alterations,
rehabilitation, minor or partial replacement, remodeling or ordinary repair
or A:laintenance necessary to preserve a facility. Notwithstanding the above
limitation, the Council or responsible contracting officer may include any
new city street or utility project (limited to water, sewer and storm water
projects) in an amount over $25,000 as a city project under this article, by
either vote of the Councilor inclusion in the contract solicitation
documents prepared by the responsible contracting officer.
F. "Commission" means the J\shland Public !\rts Commission created by
J'.MC 2.17.010, consisting of seven members appointed by the mayor and
confirmed by the Council.
G. "Eligible funds" means a source of funds fur projects from which art is
not precluded as an object of expenditure.
H. "Participating department" means the department that is subject to this
article by its sponsorship of a city project.
I. "Percent fur art" means the program established by this article to set
aside a percentage of the total cost of city projects fur public art.
J. "Public art" means all furms of original works of art in any media that
has been planned and executed with the specified intention of being sited
or staged on City Property or on property o'..med or controlled by the City
of Ashland, usually outside and accessible to the public.
K. "Public art account" means the city of Ashland public art account in the
city budget established by this article into which all moneys donated,
appropriated or derived pursuant to the percent fur art program shall be
deposited. Funds within the public art account shall be utilized fur 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] 7 of 55
M. "Selection Panel" means a group of individuals selected by the
Commission that will evaluate the proposals associated with a particular
project in a public meeting.
N. "TOT Funds" means the portion of transient occupancy tax funds
allocated for public art.
O. "Commercial Development Fee" means funds deposited by a
commercial developer into the Public !\.rt account when the developer
prefers not to incorporate public art into the project and folio'.... the public
art process for art acquisition and approval.
P. "Total cost" means the entire amount of the city's financial contribution
to'.'1ard construction and maintenance of a project.
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 council member
as a non-voting ex-officio council member and 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 for one year, two for two years and
three for three years, thereafter all terms will be for three years. All
members may vote on any matter coming before the commission, except
as the ethics laws of the State of Oregon may provide. Any commissioner
who is absent from four or more meetings in a one year period without
being excused, shall be considered no longer acti'/e. and the position
':acant, and a new commissioner shall be appointed to fill the vacancy.
2.17.030 Officers
At its first meeting the Public Arts Commission shall elect a chair and a
vice chair who shall hold office for one year, except that the first chair and
vice chair shall serve until the end of the calendar year. At the first
meeting of each calendar year, the chair or 'lice chair from the pre'lious
year shall preside O'ter elections for chair and 'lice chair. Neither the chair
Page 18 of 55
nor 'lice chair shall ser....e as an officer for more than two consecutive
terms.
2.17.050 Meetings; Quorum; 'Joting
The Public Arts Commission shall hold an official meeting at least monthly
and may hold special meetings as set by the commission. !'. majority of the
members constitutes a quorum for meetings. Provided a quorum is
present, any item must be appro'led by a simple majority of the '/oting
members present at a meeting to pass, unless otherwise pro'/ided.
2.17.060 Rules and Regulations
The Public ^rts Commission shall establish such rules ami regulations for
its government and procedures consistent with the laws of the state and
the ordinances of the city.
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 55
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 cultural 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 Compensaticm
Voting members of the commission shall receive no compensation fer
services rendered. The commission may receive gifts, bequests or de'/ises
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 fer use of the
commission.
2.17.090 Policies
1\. The Public Arts Commission shall operate in the general public interest
serving the community as a whole. It shall serve no special interests.
B. The Public Arts Commission shall not endorse any commercial product
or enterprise
2.17.100 Process fer acquiring public art
A. General. The Public Art Commission .....i11 call fer entries by issuing
a request fer proposal, a request for qualification or by invitation.
The call f-or entries will include specific guidelines and criteria fer the
specific project. E'/cry call fer entry must comply with the City's
public contracting rules.
1. .'\cquisition. Acquisition of public art will generally result
fFeIffi
a. The commissioning or purchasing of a work of public art by
the city using city funds or donated funds, in accordance with
public contracting laws and !'.MC Chapter 2.50; or
b. An offer made to the city to accept a .....ork 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 55
B. Selection Panel. A selection panel, separate from the Public Art
Commission, consisting of art professionals and enthusiasts,
residents near the proposed site, community members, and Gity
administrators will be chosen to evaluate the proposals recei':ed
f-rom artists. A different selection panel shall be chosen fur each
project by the Commission after the fullowing notifications have
been made:
1. An ad is placed in a ne'....spaper of general circulation in the
GUy,
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 '....ebsite.
The Commission shall pick the Selection Panel by examining
applications received from interested parties.
C. E'/aluation of Acquisition Proposals. Proposals ".-hich meet the
minimum requirements set forth in the call fur entries will be given to
the Selection Panel fur re'/iew. The proposals for acquisition shall be
e'.'aluated based upon criteria set forth in the call fur entries at a
public meeting. The Selection Panel '....i11 evaluate the proposals and
make a recommendation to the Public Art Commission regarding
which proposals to accept. The Commission shall furward that
recommendation to the City Council fur final selection. This
ordinance does not exclude land use approval processes when
required fur the use or structure.
D. Remoyal and Disposal Process. Except as provided in !'.MC
2.17.140(8), neither the Council nor the Commission is bound to
fulley: any particular process fur removal and disposal of art in the
!'.shland Public Art Collection.
2.17.110 Reyiew proGess fer gifts or donations
The Commission may solicit gifts and bequests of public art or f-unds to
benefit the Ashland Public Art Collection. The Council shall decide whether
to accept all such gifts of art work on behalf of the city and the !\.shland
Public .I\rt Collection on its own motion or upon a recommendation by the
Commission based on its own eyaluation, or by recommendation of the
Commission after the Selection Panel has evaluated the arn'lork using the
guidelines in AMC 2.17.130 and the total cost over the life of the arnvork.
Page2! of 55
1'.11 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'/ely 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 private property the Commission shall
determine whether the site is appropriate for public art under the Site
Selection criteria in AMC 2.17.130. If the site is found to be appropriate for
public art, the City shall secure authorization to use and access the pri'/ate
property where the public art will be located before the acquisition process
for public art is initiated. There shall be a written agreement or legal
instrument, granting the City permission and control of the property so that
the property can be used for public art purposes, including access for
installation, maintenance and remo','al of the artwork. Public art can then be
acquired for placement on private property by follo'l.-ing 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 'Norks of Public ^rt.
1. Quality. The artwork should be of exceptional quality and
enduring value.
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
'Nell as the relationship to the existing architecture and
. landscaping of the site.
4. Initial Cost. The total cost of the am'.'ork, 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 mo'/ing parts.
Page 22 of 55
6. Permanence. Both temporary and permanent art works shall
be considered.
7. Media. All forms of visual media shall be considered,
subject to any requirements set forth by city ordinance.
8. Public Liability. The artwork should not result in safety
hazards, nor cause extraordinary liability to the city.
9. Diversity. The am\lork in the Ashland Public Art Collection
should encourage cultural di':ersity.
10. Commercial Aspect. The am-fork shall not promote goods
or services of adjacent or nearby businesses.
11. Compliance. Artworks shall not violate any federal, state,
or local laws, including specifically AMC Chapter 18.96.
B. Guidelines for Site Selection.
1. O'lmership or Control. Public art should be placed on a site
owned or controlled by the city, or there should be a written
agreement or legal instrument, granting the City permission to
use the property for public art purposes, including access for
installation, maintenance and removal.
2. Visual Accessibility. Public art should be easily visible and
accessible to the public.
3. Visual Enhancement. Public art should visually enhance the
overall public environment and pedestrian streetscape.
1. Pedestrian .'\ccessibility. Public art should experience high
le...els of pedestrian traffic and be part of the city's circulation
paths.
5. Circulation. Public art should not block .:tindows,
entranceways, roadways or obstruct normal pedestrian
circulation or vehicle traffic.
6. Scale. Public art should not be placed in a site where it is
o.:e.......helmed or competing with the scale of the site, adjacent
architecture, large signage, billboards, etc.
2.17.140 Standards for the .'\shland Public Art Collection
Page 23 of 55
A. Acqllisitions. The following minimllm standards and criteria shall
apply to the acqllisition of am...orks.
1. Artworks may be acqllired by direst pllrshase, commission,
gift or any other means.
2. Acquisition, whether by direct purchase, commission, gift,
or otherwise, shall occur by a legal instrument of conveyance
or other writing transferring title of the artwork to the City and
clearly defining the rights and responsibilities of all parties.
3. The city shall obtain the rights of ownership and possession
withollt legal or ethical restrictions on the future use of the
am':ork upon final acceptance of the am':ork, except where
expressly provided in the contract .....ith the artist. The artists
shall retain all rights and interests in the artwork except for the
rights of ownership and possession.
1. The City shall only acquire artworks if: 1) the artist warrants
that he will not make a duplicate of the am\'ork, or permit
others to do so, withollt ...:ritten permission by the City, and 2)
the artist gives permission to the City to make a two
dimensional reproductions as long as all such reproductions
provide the copyright symbol, name of the artist, title of the
artwork, and the date of completion.
5. Complete records, including contracts .....ith artists, shall be
created and maintained for all am'Jorks in the Ashland Public
Art Collection.
8. Removal.
1. The Commission may recommend removal andJor disposal
based on one or more of the following conditions. No public
hearing is reqllired for a removal recommendation.
a. The site for an artwork has become inappropriate
because the site is no longer accessible to the pllblic or
the physical site is to be destroyed or significantly
altered.
b. The artwork is found to be forged or counterfeit.
c. The am...ork possesses substantial demonstrated
faults of design or workmanship.
Page 24 of 55
d. The arn1lork causes excessive or unreasonable
maintenance.
e. The arn'.'ork is damaged irreparably, or so severely
that repair is impractical.
f. The artwork presents a physical threat to public
safety.
g. The artwork is rarely displayed.
h. A written request for removal has been received from
the artist.
2. Council Removal Process.
a. On its own motion, or following receipt of a
recommendation from the Commission the Council may
remove and dispose of any artwork previously accepted
into the Ashland Public Art Collection in their sole
discretion.
b. .'\.cceptance or placement of donated art by the city
does not guarantee continuous public display of the
arn1lork regardless of physical integrity, identity,
authenticity, or physical condition of the site.
c. Removal officially deletes the work from the city of
Ashland Public J'.rt Collection by a relinquishment of
title to the artwork; thus, eliminating the city's
obligation to maintain and preserve the arn'.'ork.
d. Not\vithstanding 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. Remo':al and Disposal.
a. The city may donate the artwork to another
governmental entity or a nonprofit organization.
b. A '....ork that is deemed to ha':e retained sufficient
monetary 'Jalue to warrant resale, shall be disposed of
through a public sale, auction, or any other means as
established by city ordinance.
Page 25 of 55
c. !',rtworks removed from the Ashland Public J'.rt
Collection may be disposed of through any appropriate
means, including the city's procedures for the
dispositioR of surplus property.
C. Borrowing of Artv.'orks.
1. The Commission may also recommeRd artworks be
borrowed.
2. With the exceptioR of ownership, the eligibility, review
criteria, aRd procedure for borro'....ed ':Jorks shall be tile same
as those established in this article for acquisition.
3. The borrowiRg of artv:orks shall be pursuaRt to writteR
agreemeRt bet\'1een tile city and the artist.
4: NothiRg hereiR prohibits the city from securing other works
of art or art exhibitions for display inside its facilities.
2.17.150 Maintenance of the Ashland Public Art CollectioR
A. Except where expressly provided in a contract or .....arranty f-or
public art the city shall be responsible for all maintenance of all
artworks in the Ashland Public Art Collection.
B. Within the limitation of the city budget the city shall provide
necessary and appropriate maintenance of the Ashland Public .'l.rt
Collection, including, but not limited to, regular custodial care and
landscape maintenance. Maintenance shall be performed in
accordance with any special instructions or procedures necessary
for the preservation of the work.
C. !'.ny e',idence of damage, deterioration, vandalism or theft of
artworks in the Ashland Public Art Collection shall be immediately
reported to the appropriate City Department. City staff shall keep the
Commission and Council informed of damage to City property.
2.17.160 Parks commission
The standards and procedures in this article are in addition to, not in
derogation of, the AshlaRd parks commission review responsibilities for
projects proposed in city parks. Nothing herein exempts public art projects
from compliaRce .....ith all applicable federal, state, and local laws including,
but Rot limited to, land development regulations and buildiRg code
compliance.
Page 26 of 55
2.17.170 De'Jelopment of guidelines
The Commission shall have the ability to establish further guidelines
conceming its operations;' however, only the criteria and processes of this
ordinance will be legally binding.
2.17.180 Creation, f-llnding and use of Ashland public art account
A. Establishment. The Council hereby establishes a separate
account entitled the Ashland public art account to be reflected in the
city budget. All funds donated, appropriated or generated for the
purpose of publiG art acquisition and eduGation shall be deposited in
this aCGount and used solely for such purposes, in aGGordance with
this article and other appliGable law. Funds generated pursuant to
the CommerGial Development Fee in lieu established in Chapter 18,
as well as the Transient OGGupancy Tax Resolution authorized in
Chapter 4.24, and the Percent for Art dedication in this section shall
all be deposited into the Ashland PubliG Art ACGount.
8. Permitted Purposes of PubliG Art AGcount. The public art aGGount
shall be used solely for the aGquisition, plaGement, maintenanGe, and
removal of arn'lorks for inGlusion in the Ashland PubliG Art
Collection and for art eduGation purposes, SUGh as Gommunity
outreach presentations and workshops, in accordance with the
provisions of this article and other appliGable la'.....
C. Requirement for Dedication of a PerGent for l\rt. Any Gity offiGial or
employee who authorizes or appropriates expenditures on behalf of
a participating department for a Gity project shall, to the degree that
there are eligible funds, inGlude within the budget for the projeGt a
monetary contribution for the publiG art aGGount equal to one half
perGent (0.5%) of the total cost of the projeGt.
1. One half percent (0.5%) of the total Gost of a qualifying city
project shall be dedicated to the public art account. Such
funds shall be deposited into the public art aCGount by the city
offiGial or employee acting on behalf of the participating
department no earlier than the time that budgeted funds are
encumbered for Gonstruction of the city project and no later
than final inspection of the completed Gity project.
2. The participating department shall Gonsider the siting of
publiG art as part of the design and engineering phase of any
city projeGt. If casts are incurred by the participating
department to Gomply with this article requirement prior to
transfer of the one half percent (.5%) dedication for the city
Page 27 of 55
projeGt to the publiG art account, the partiGipating department
may deduGt such Gosts (not to eXGeed one half perGent) from
the one half percent (.5%) dediGation at the time such funds
are transferred.
D. Restricted Funds. If funding for a partiGular Gity projeGt is subjeGt
to legal restriGtions that preclude public art as an objeGt for
expenditure, the portion of the Gity projeGt that is funded with the
restricted funds shall be exempt from the dediGation requirements of
this artiGle.
E. Phased ProjeGts. As a general rule, where a city projeGt will be
constructed in phases, the one half perGent (0.5%) dediGation shall
be applied to the estimated total cost of eaGh phase of the Gity
project at the time that funds for the phase are appropriated and
enGumbered. However, nothing in this section prevents the CounGiI
from deciding to hold or set aside all or part of the entire dediGation
from the funds of a particular phase, as the CounGiI deems
appropriate. In determining '.vhen to hold or set aside the funds f-or a
phased projeGt, the Gity will Gonsider an o\'erall publiG art plaFl for the
projeGt to ensure that art is not located on a pieGemeal basis with
phase GonstruGtion.
F. Monetary GontributioFls for publiG art shall be deposited in
separate aGGounts within the public art aCGount if separate
accounting is deemed appropriate by the Administrati':e ServiGes
Director (Finance) or is required by law.
G. Monetary Gontributions or appropriations made other than
through the perGent for art program shall be deposited in the publiG
artaGGount and may be dedicated to or earmarked for a specific
education program or work of art, subjeGt to aGGeptanGe by the
eounGi!.
H. Disbursements from the publiG art aGGouFlt shall be made oFlly
after authorizatioFl of the City Administrator or the Administrative
ServiGes DireGtor (FinanGe), and shall be made aGcording to this
article aFld other appliGable Gity ordinanGes, including but not limited
to the publiG Gontracting Gode (AMC Chapter 2.50).
I. The Council may adopt by resolution case specific waivers or
guidelines for administration of the percent for art program,
includiFlg case by case .....aivers of the required dedication set forth
herein based on the availability of public funds, as .....ell as any other
matters not specifically addressed her-ein and appropriate or
necessary to the administration of the program.
Page 28 of 55
SECTION 8. Chapter 2.18, [Conservation Commission], is herebv amended to
read as follows:
2.18 Conversation Commission
2.18.010 Established-Membership
The Conservation Commission is established and shall consist of nine 1m 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 Electric 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 ./I.pril 30 of
each year. ."'-ny ':acancy 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 for two years, and three for three years, '....hich 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. ./I,ny
commissioner who has four or more unexcused absences in a one year
period shall be considered no longer active and the position vacant and a
new person shall be appointed to fill the '/acancy.
2.18.030 Quorum Rules and Meetings
Five ':oting 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 with city ordinances and this
resolution, and shall meet at least once every month. ^t 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 55
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. Electric 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 council.
2.111.060 Compensation
Voting members of the Commission shall recei':e no compensation for
services rendered.
SECTION 9. Chapter 2.21. [Cable Access Commissionl. is herebv amended to
read as follows:
2.21 Cable Access Commission
2.21.010 Definitions
The following words and phrases '.vhene':er used in this chapter shall be
construed as defined in this section unless from the context a different
meaning is intended.
.II,.. "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 OrdinaRce No. 22511 or the Cable Television
Consumer Protection and C~petition Act of 1992.
8. "Commission" means the Ashland Cable Access Commission created
by and with authority as delineated by this ordinance.
Page 30 of 55
C. "R'ITV" means Rogue Valley Community Television as administered by
the Extended Campus Program of Southern Oregon State College.
2.21.020 Commission Established, Membership
.'I.. The I\shland Cable Access Commission is created and shall consist of
fb'e members appointed by the Mayor and confirmed by the Coum:il.
8. The Commission shall also consist of the following ex officio, non
voting members: the City of Ashland .I\dministrator or designee and a
representati':e of the Southern Oregon State College R'ITV staff.
2.21.030 Terms Vacancies
When the first members of the Commission are appointed by the Mayor
under Section 2.21.020, w:o shall be appointed fur a term to expire July
1997, two shall be appointed fur a term to expire July 1998, and one shall
be appointed for 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 fur IM'o
consecutive meetings or four meetings in a one year period .....ithout being
excused, shall be considered no longer active and the position vacant.
2.21.040 Quorum Rules and Meetings
1'. 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.
2.21.060 Powers and Duties Generally
The Commission shall:
A. Review, adopt and recommend for 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.
8. Monitor, evaluate and make recommendations to the City Council
regarding the effecti'/eness of agreements bet\\'een the city and Southern
Oregon State College or others involving public access programming,
Page 31 of 55
equipment and facilities.
C. The Commission shall have the further responsibility to assess '!.'hether
the public's need for community access programming is being satisfied
and to de'/elop long range plans, strategies, and recommendations for
impro'/ed community access as it deems necessary.
O. The Commission shall ha'/e the authority to search out grant funds and
other sources of re'/enue for public access, to foster ne'.... program
de\'elopment, and to seek additional participants.
2.21.070 ^ppeals
Except as provided in this section, a decision of the Commission is final.
Proyided the petition is filed within 60 days of the decision, any person
aggrieved by a decision of the Commission may petition the Ashland City
Council to hear an appeal of the decision. The Council may decline to hear
the petition. If the Council hears the petition, it shall have the authority to
affirm, modify or re':erse the decision of the Commission.
2.21.0110 Reports
The Commission shall submit copies of its minutes to the City Council and
shall submit such reports as from time to time may be requested by the
Mayor and City Council.
2.21.090 Compensation
Voting members of the Commission shall recei'/e no compensation for
services rendered. The Commission may receive grants, gifts, bequests or
devises of property to carry out any of the purposes of this Chapter which
shall be placed in a special account for the use of the Commission.
SECTION 10. Chapter 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 55
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. 2423^ changed
expiration dates to April 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 four (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 ^ S4, 1989; Ord. 2534,1989)
2.24.030 Quorum Rules and Regulations
Fi',e (5) 'toting members of the Commission shall constitute a quorum.
,'\t 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
gO'lernment and procedure, consistent ...:ith the laws of the State and City
Charter and Ordinances and shall meet at least once a month on the first
Wednesday at 7:30 P.M. in the Ashland Comm'unity Center, ,'l.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 concerning the improvement of
designated historic properties in connection with the issuance of building permits,
Page 33 of 55
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 and
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 recei':e 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, '1.-hicA shall be
placed in a.special fund for use of said Commission. .
SECTION 11. Chapter 2.23. [Ashland Airport Commissionl. 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 consist
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 makinQ the appointments, the Mayor and
Council shall appoint members such that the majority of the Commission
has either education. traininQ, experience or other expertise in airports,
aircraft, aeronautics or enQineerinQ. A member shall not be disqualified for
purposes of appointment or official action simply by beinQ a member of a
class of airport users, includinQ but not limited to pilots, airplane owners or
airport lease holders.
2.23.020 Term Vacancies
Page 34 of 55
The term of eight of the voting members shall be for three (3) years
expiring on April 30 of each year. The term of the Council liaison person
shall be for one (1) year./'.ny vacancy shall be filled by appointment by the
Mayor, with confirmation by the City Council, for any unexpired portion of
the term. The terms of the initial eight members shall be n\'o for one (1)
year, three for two (2) years, and three for three (3) years, which shall be
drawn by lot at the first meeting of the Commission after the adoption of
this chapter. Their successors shall be appointed to three (3) year terms.
Any Commissioner who is absent from f-our (4) or more meetings in any
one calendar year, .....ithout being excused, shall be considered no longer
active and the position vacant, and a new Commissioner shall be appointed
to fill the vacancy.
2.23.030 Quorum Rules and Meetings
Five (5) voting members of the Commission shall constitute a quorum. The
Commission may make rules and regulations for its go'/ernment and
procedure, consistent with the la\\'s of the State and City Charter and shall
meet at least once e'/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 relation thereto the requirement of City participation in financing.
C. To review and recommend project applications for funding to the City Council.
2.23.050 Reparts
The Commissian shall submit copies af its minutes to the City Council and
shall prepare and submit such reparts as fram time to time may be
requested by the Mayor and City Council.
2.23.060 Compensation
'.toting members of the Commission shall receive no compensation for
services rendered. The Commission may recei'/e gifts, bequests, or
devises of property to carry out any of the purposes of this Chapter, which
shall be segregated from other funds for use by said Commission .....ith the
approval of the City Council.
Page 35 of 55
SECTION 12. Chapter 2.25. [Tree Commissionl. is herebv 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 protecting 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 involve 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 toAMC 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 am:! 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 '.\Iith confirmation by the
City Council.
2.25.020 Term Vacancies
The term of a 'toting Commissioner shall be for three years. Any vacancy
shall be filled by appointment of the Mayor .....ith confirmation by the City
Council fer the unexpired portion of the term. .'\ny Commissioner with four
or more unexcused absences from meetings in a one year period shall be
considered no longer active and the position 'Jacant and a new
Commissioner shall be appointed to fill the vacancy.
2.25.030 Quorum - Rules and Meetings
NotwithstandinCl 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 fer 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 55
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 ot its minutes to the City Council and
shall prepare and submit such reports as from time to time may be
requested ot them by the City Council or the Planning Commission.
Page 37 of 55
2.25.060 Donations
Subject to tile 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 described in 18.61.030, C and authorized by City Council
may also be plaGed in such aCGount.
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~!titardetei'mi n'eltli'e,s'UitcibilitViof,alterriiiteimaterials:aridirrfetm>oslof
construction;'
B;'4\itoTproviCle'KfOi'.l're-asonaDFe1fnierpretiitionsf'dfitfie"foro.vision'Srof
stanClarasraDplicaoletfo'6UiICli11a:r:anarrelateafiCfivHiesra"'dministei'e'd
fnroWfiftIiiSI'Cifv;'
c~to1Consiaerrappeals~as~tIie~DemolitioillReview~Goffimittee;
Ql~toftiearrapD'e3'lsroflfhelin;pc5Sifiorirof'A'CImiiiist:rativefeenalties
E1iJIJtortleamtPP9ilsrofroT.derS!rclecisioii"SroiJCletennfii'ationsfiil'aai!llWsthe
builaina1OffjcialrrelaHvertOiftle\iappllcatiOritari"ll:fiiit~atiOilro'fdfiis
code!
Page 38 of 55
trheBoard shallad6pl'reasonable rules and; reaulations for conductina its'
investiaations and appeals and shall render all decisions and findinas in
writina. the Board, with the' consent of the Community Development
Director. mav hire a hearinas officer to conduct appeal hearinas when
necessary and provide'arecommended disposition to the Board!
~ECTI<;!!!:141::. AMC Chc!Rt~r 2.56dg~YJ2andh is hElrebyar:nended to read as
fQ!!Q~~
2.56 City Band
~~MQ.>>.!.ttc;!.>>oard Established Mem-:~~p-
~he Ashland Sana Board ~sestablishe? and shall cons!st of six voting. mernbe,l~
apPOinted by themayorwlth confirmallon by the counCIL The",board shaH al~Q
ponsisrt of one non-voting ex officio member,_wh,o shall',bethe director of the
~
2.56;015 Sand Board Ter~Y!!~J!!!.!:l~
rheTerm-9"BGtfR9memberg"SiiaiTirefO~e'9)ieats, expiring onApril30~
eaGh year. The members serving on the band board as of September 1998
j _ .'. _ > _ _, _.' '4
I'hall serve until April 30, 1999. Any vaGanGyshaltbe fille(i by appoi'!!!!!.~.n!
by the mayoPNith .col1firr-nationbytheGity Gl:!unGiI for the unexpired
'portion of tile term. The terms of the six members appointed tOSIlGGee-d
~hosememb~rS 1J'..hoseterms expire in April 1999 shal,l be staggered i~
~lIo,....ing manRer:Two membe~ shal.1 be. appointed foroRe year, twoL_,-,
members for two years, and .two members for three years. The length of the
Initial terms forthe~e 'six members sl1all be determined by the mayor at the'
~ime of appoiRt!JIent.Their SUGGessors shall. be"appoiRted for three y-eaC
~erms, Any board member who is absent,from ~uror more m~etiRgs;,~
pne year,perio(i shall,~e Fo~si~,erEl,d no longer aGtiye. an~ the p~sition
::aGant, and a new person shall be ap-pointed to fill the ':a'canGY"
2.56.020 ~uorum Rules and Meeting!
FOur ':oting members of the board shall GonsmiTte"aquohffil:Jfa quorum'is
'present, the affirmati'/e ,<,oteef a majority of members preseRt at tha
~eetingandeRtitled to '/oteshall be suffiGient to GonduGt busine,ss.ill
board may ",ake nlles and regulations forits meetings a,ndpro~eduretf
~onsistent 't.'ithGitY ordinaRGes; and shall meetasneGessary but notl,ess
than onGe per year. Ai: its'first meetiRg, the board shall eleGta Ghair, whc{
~haU preside o':erall meetings and perfarmsuGh other duties as may be'
'neGessaiy for the administration of the baRd, bl3nd bl:!ar~ and this Gha~t82
lI\ 'lice Ghair shall also be elected who shall serve in the absenGeof tlir
I".... f - -',
chair:
Page 39 of 55
~.56.025 Powers and Duties G~nerally'
ifhE;lpo'fer~, duties and res~onsibilities of the AshlandSandSoard shall be M
follows:.
'A. General SLiP€!rYisioQ and,,::ontrol.overt~e A!5hlgnd City BandL
" , ...... .." ".... .'... -.. ...." :'.- .. i- ..".. .. ,':: ......... .." .. -.... ~:-1
B. When reauested, 'report R~p-ortl at least annuallitothe mayor and city,
councilofthe activities of the band.!
~. On or prior to December 15 of each year, report,t6 CitvAdministratorl
fh'e mayor as to t~e activities and welfare ?f the. bar:1d! r'~r-"'"
D.., Det!:)rminecompellsationfor the band director and members in
accordance with the band's' aR~roved6udgetJ
~.56.030 Director:ARR...Q!n!J:!I~kQ.y.~;~~~~.n
A~ . Prior to"Jaooaiy oUach year,afterreceiving the report of tt-Je band
,board under .sectioR 2.56.025, thE! mayor, with cORfirmati~n by the"cou!!~.m
Upon recommendation of the Band Board. the City Administrator shall
appoint a band director. who shall serve attM pleasure' ofthe'may.2.G
'j
B. ". ., 'The, director shall!
-------:1. Prqmote,. orgalli~E;land direct the Ashland ,Ci!}' Barid)
2. Select themusicians for the bandf
r'T',"'T3.'" Appoint a bancfsecretarywnci shall keep minutes of all bandbo~'
,me,etings,re~ordsof the orgaQi~ation and?ha,llparti~ularly keep a "careful amI",
accurate rE;lc()rdof al\endance by all mE;lmpers; 'The secretarY shall'serve at the
'pleasure of tne director and Rerform such'other duties as maybe assigned by the
CJirector.l
'4'.,' Appoint apand Ii tJrarian', wnC> shall have cr~rge of and shall
carefully keep all the sheet mw;ic now owned or heteafteracquired Dyband.The
1 ': .. "..1 .. ':" " .. -',. '.. .. _.' ':,,1, '. .:'_ ../.. ,.",.': ,. .. .. .. .. r-----'
librarian shall keep proper and complete records of all property placed in the~
librarian's custody and shall make a proper inventory and accour:ltihgthereof a!
the,end ofthe.year. 'TheJibrarian shaUserve at the pleasure of the director and
~erform s~choth:er duties as may be assi,gned by thedirectorr-
5. ' .Appoint a quartermasterwh6 shall have charge of and shall
parefully keep all band uniforms and other property which. is now owned or mayt..,
hereafter.be acquired by the band, The quartermaster shall serve at the pleasure
bf the director and perform such other duties as maybe assigned by thedirectorl
, .. - .. .. -. '..- .... ,. .- .. .. ... .. .--
6. ' Perform such other services as may'be reasonably reguested by,
the band board
2.56.040 Budget
Rrior to the preparation of the City budget each year, the bandboard,shall cause
! _.. .. ." .. .. .." "." _. .. L
P careful estimate to ,be made of the band's Q!:)eqs fW the ensuing year. in vi~
the funds ,to be available and shall submit same to the directorof finance for
Page 40 of 55
p9nsic:leratio~ with the othe~budg~tClrymatter~..Throl!ghtl"le.~ity's bl!dg~.t,
pr,gc~ss,the.,<;:!!y CO~\!!:!filsl"lall fix and determine the Band's budget for the
Einsuil1g}ear.i '
g,56.060" PerfOJ111_!!Jl~
rneCity'Bal1d snalHpresentnot;less than tEmconceas,iriduding.theiFourttiof
Uuly~parade,dunngeacbsummer seasgn!
SECTION 15. Continuation of Existing Appointments and Savings Clause.
NotwithstandinQ any other provision of this Ordinance, currently seated
Commission, Committee and board members, (votinQ and non-votinQ), as
well as Liaisons. appointed under authority of prior Code. Ordinance or
Resolution or shall remain seated and shall be considered appointed for
purposes of this ordinance in accordance with oriQinal term expirations as
they currently 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 by this Section. 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 simply clarifies the existinQ situation that nothinQ in this
ordinance affects the validity of prosecutions. applications or actions
commenced and continued under laws in effect at the time the matters
were oriQinally filed.
SECTION 16. Repeal. Resolution No. 1995-25 is hereby repealed.
SECTION 17. Repeal. Resolution No.1996-18 is hereby repealed.
SECTION 18. Repeal. Resolution No. 2007 -15 is hereby repealed.
SECTION 19 Repeal. Resolution No. 2008-024 is hereby repealed.
~ESTI()t-l 20 ft; SeCtion 15.04~200 [Board of Appeals], ,is hereby' amended to
read as follows:
i15.0~.200 Boar,c:l_Qt~pp~~~ .,.Appeal Procedure
i'Fi!Qriiier'fcrEietermine'iheslIitabilitY'of alternatemate,rials and meUioElsoC
konstrllGtion, to provide ,for reasonableinterpretatioAs ofthepr;ovisions of
", .., ,.. '<' ...... .<.' ....d .... '..0;.. 't:... ":' .'. .i", .'/' ,.;;,... "':." .."',. <':C', ....>.. "~>__'---"
stan.darl:js ~m~IiGable to b.lIilr!ing an.::! related aGti'/itiEl~ administer-eEl
Page 41 of 55
throllgh this city and'toconsider appealsasthe'Demolition Re'/iev:
Committee,there is ,created a Board of Appeals consisting ofsix'/crtrng
~embers, inclllding one planning Gommission member, \vhoare qllalified
'by experience and training to pass lIpon matters pertaining to bllildin~
'related activities and the demolition and relocation of bllildings. "J'.t least
f". ......p .-. -'. .'. .' .. :". . ". - -..... .- .- .'.--.'...
CIne RlembE!r shall, also ha'/E! experience, kno'::ledge or aninte,rest in
~emolition,debrisreGycling. The BYildingOfflCi~1 shall be, anex,offiGiO ~
rIoting member and shall act as Secretary of the Board. The boa~d shall
~dopt reasonable ,rllles and r-eg~lationsfor con(jllcting itsjn':estigat,io.'!i
and appeals and E1hall render all decisions and findings in writing. The
~ecisioRandfindings shall be mailed to allpersons...:ho appeared bef6re
~he Board. The administrator of the St'ateBlIilding Codes Di'/ision shallb9'
furni~hed fiOPI~J:!f..flJi!!j!llQ!!!..!!lli!rPLe.!!.!!9~.!!l..JOO.~l!!g~
~qlllrements.
,E:xcept for the planning commission member wh~ ~han be selected by~~
fihair oUhe pl,mning,colllmission, members,shall be appointed by the'
l11ayor, with c9rifirmation by the cOllnGiI..'\1I members shall serve term'&'Oi
three years, expiring onJ\.pril 30 of each year; TheM'o members who hav~
r. . . "- ,
fel"\;ed on.the Board ~r the)ongest period a~ ofJ?ecember ,31, 2~01, shal!
continlle to serve lIntil April 30" 2002. The n\'o members '::ho,ha\'e served
~n the Board for the'next longest period as of December 31,2001, shall
:Gontinlle to serve until ApriL3li,2003. The member serving on, the Boara-tE~
least periodoftimea,s'Of.December 31, 20~1,shallcontinue to sel"\'e.lIntil
~pril 30; 2QQ4., The iriitialter'Rl of the planning commission member shall
kxpire on April 30, 20114.'Any vacancy shall be filled by appointment by thE!
:mayor with Gonfi[mat,ion by the city cOllnGil.~r:JJ)~c!!!!e..!~!:!!!t,P..9.!:fu!!:U!t!!L~
term. A member is eligible for rea~pointment.r
A 'AppeaL Procedure, Any: (a) final de'cision relatinQ tothesiJitability of
alternate materials and methods of construction or (b) final decision of the
demolition review comrnittee or (c) aninterpretatiori orfirial decision bVthe
buildinq official. includinQ the imposition of administrative penalties. with
reQard to the City of Ashland BuildinQ Code'may be appealed to the
BuildinQ Board of Appeals in conformance with .procedures provide'd in the
applicable section ofthe buildil1Q code. Appeals shall be filed in the City
Administration offices by the deadline. An appeals shall include the
applicable appeal fee or deposit as applicable. Failure to strictly corTiPiV
with the applicable appeal requirements. inCludinQbutnot Iirnited to tirne
for filina and payment of the applicable appeal fee. if any,shall be a
iurisdictionaldefect and shall subiect the appeal to summarvdismissaliri
accordance with subsection (2) of this section. When the specific
applicable code does 'not contain an' C1Ppealtirneframe'. the time to appeata
decision (jncludinQ administrative penalty) or interpretation shall be 15
Clays, unless an order to yacate has been posted. in which case it shall,be
within 10 days.. The board of appeals may charQe an unsuccessful
Page 42 of 55
appellant the cost of the appeal, includinQ the cost of a hearinQ officer, if
the board makes findinQs that tne, appeal is frivolous and either finds
'aaainst the appellant after a hearinQ or dismisses the appeal. Faihlre'iO
'pay the costs within 60 days of receipt of said billiriQsnall result ina lien
on the appellant'sprooertV.1
a-C;-ScheClulinQ. ThebtlildinQ'officialshall schedule a meetinQ of the
board,within 30 workinQ.daysof the filinQ oftheappeal.'The board,of
appeals shall determine at this meetinQ whether to Qrant a hearinQor.
C:lismiss the,appeaLThe appeal shall be dismissed if the,board finds that
the appeal does notmeetthe criteria in subsection (1) of this section. IftM
appeal is dismissed; the buildinQ official's decision is final. fhehearinQ
shall be held as soon as hlasonable. after the board meetinQ.;The decision
and findinQs shall bemaillidtoall persons who'appeared before the Board!
ifhe Administrator ofttieState BuildinQ Codes Division shall be furnished
copies of decisionsinterpretinQ statebuildinQ code requirements!
~ECTION21" ~tioI115.04,230~iQ.@!io!:l-P,E:l..Q.gtty],j,~ hereby~amencJed to
read as follows:
~- , ' --"~~~~~
11;:04.230 '!iol~tion PE!Aalty,
It shall be unlav:f-lll for'anyperson, firm orcorp'orationto erect,constrllct)
!enlarge,alter,repair; mO'le,impro':e"remove; con,,'ert or demolish, eqllip)
'lise, occupy or maintain any bllilding or strllctllre in the City or calise the'
~ameto_be Eione:contrary to OF in,':iolationof.a!!y. oUh~_p'!o':isions of, th~
~itl~1
f:\nr p~rE1o~, firm'orcorPl?~~iOllvfOiatrng~3Ryortl~eprovisi()ns of th,is titJe
shall be Eieemed gllilty ofaR.offense anEi each sllch person shall b~
k: '. ..", ," ""., "', >: ",' ,',. .' '.' ", .. ,'.' " _
EleemeEigllilty of separate offense on Elach and'e'/ery day or portion thereof
ijllring whiGh any violation of ary of the provisions of this,ordinancei~
kommitted, Gontinlle or permittedanEi lIpon conviction of any sllcr
~,ion sllch,person shall be p-lIRisheEi as prescribed in ,Section 1.0lil.O~"O!
~ECTIOt-l ,22. ~A Section 1 M4.260TIZlOi81iOi1-"Peiialty], is hereb{ilddedto read
as follows; ,
II 5.04.260 Violatioml Administrative, PenaltY
'A.' ,It shall be' unlawful for any person'; ,firm or corporation to erect!
construct, enlarQe: alter. 'repair, move; ,improye, remove. conyertor.
C:lemolish,eQuip",use, OCCUpy or maintain any buildinQ or structure in the
City or cause the same to be done contrary to or in violation of any of the
'provisions oUhis title!
Page 43 of 55
B~lillelguilainQi0fficial"an(nfiis/nerrctesianee1isTspe'cificallvlauth-6i;izea
to'Iimp'oseTafcilliIIPenali'VrforlanYJ.violi'fiOii1'OfHh'EifBuiIClimi'!"eO'ae'!llliiCfUcIfiia
an[orClei'1OflfIielBuilainar0~fficiaUtoJ[emeClV1'SiJClltVioli'fiOii!lllitie'1CilliIIPenaliV
snaIITl'ielser.ve(lli~l\Ioticlnan'ar0roerinmposinmtIierGTvinP.enaltVkffcmtlie
violi'fion!'RTiliell\lotic'e~shallE
11" l!)esc[ibe'ltheralle'Qe'atviolaiiaincliiCIin~tlCctaMm6visicm
ii'iJri'il'ie fs1forCl inan"ce'Jiiiimllerslorlot~iaernffieClrr:eferenc'es ;{ana
2. S~E!leifV1OffAsfil~folasSesSTalciYiIIPenaltW;fcmth'e
violatio",anCl~lie,am"ounfroflftie'1Ci'Viltp~enaltm'iiCl
3. f!fStite'thatftli~vfm-avlct1allen'Qenl1ercivil'benaltVlDVIfilin'QlanJnotice
oflappealrtOrfIlelBuil'CliiiQ'lBO'ii:CIl'Of1AppealS'lWiHiTiifil15"!ClavsioflSeilViC'eTclflflie
NOfice'aslproviaeCllinrJ~J\lIGrGliapter...1'51
€!\-_liheTcivilfPeilaltVlm'aYln'otrexcee-drthii'fiiliiXimumTCivilfpeii"'aftvlam'ount
ii'ii'tt1'O'i7iieaTforlanleQuivalentfspecialtvlcoCle'lVlOliflontunHerreIfS1"455'fS9'5~
Sli6iectUOltl1e1lfiiilfifiOiiS'Jimtl1'efASli'lai'iClTGitYfGhaliterlt''<<nYlPerSonl'firmror
corporatiOii'lViolati nQla nVlofHllelprovlSi on'sfoflfliiSfiitlelSIiiiIIJ6'e'rcfeemeCl
IDii IfVJQfrai'ilOffenseTanClre'aCfi'lSU'Ch'1'i'>e'i-S'Oi1TSIiiiIII6'e'rcfeemeClf(jjjiltVlOf
separateloffense16nteacliraii'ClreverlV"TcIayTo rJpmtiOiitfhere'of18U'i1fii"Q'l'WffiCil
ail'VlViola'ffOii'lOflanYl'otltlie'provisionsfofltfiiSFo'i:Clinan'celisIcommiHeCll
C'OrifinueTorIPer;mittearanaluponrconviaiOr1fOflanVlsuclltViolifi~lilieIcivil
irenaUiesIProvi'Cle"CIll1'e'i'einTarelimaa'ClitionUolanClln"oUiilfliei'i'lOflanvlotIie'r
remeClVIforre'iiforcemenUavailaolem>HfiefGitVIincIUCli1i"Q1butlnotllii'fiifeclItO
i ncreaseCllperm i"ffc)F.finvestiaatiV'effee5'!liiiniUri'CfiV'e1refie'tlorJanYlotlierlremeCl~
SECTION 23 A new AMC Chapter 2.29, [Public Art], is hereby added from
deleted I moved sections of revised Chapter 2.17 to read as follows:
2.29 Public Art.
2.29.005 Definitions
A. "Acquisition" means the inclusion of an artwork in the Ashland Public
Art Collection by any means 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 by the City
by any means.
Page 44 of 55
D. "Capital improvement prOQram (CIPI" means the city's prOQram for
advance planninQ of capital improvements.
E. "City proiect" or "proiect" 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 buildinQ, decorative or commemorative
public structure. sidewalk, or multi-use pathway construction, park facility
construction, or any portion thereof, within the limits of the city of Ashland.
"City proiect" or "project" does not include public utility improvements,
(e.Q. electric, water. sewer, or stormwater), LID improvements, includinQ
but not limited to streets, sidewalks and associated improvements,
property acquisition, earth work, emerQency work, minor alterations.
rehabilitation, minor or partial replacement, remodelinQ or ordinary repair
or maintenance necessary to preserve a facility. NotwithstandinQ the above
limitation. the Council or responsible contractinQ officer may include any
new city street or utility proiect (limited to water, sewer and storm water
proiects) in an amount over $25,000 as a city proiect under this article, by
either vote of the Councilor inclusion in the contract solicitation
documents prepared by the responsible contractinQ officer.
F. "Commission" means the Ashland Public Arts Commission created by
AMC 2.17.010, consistinQ of seven members appointed by the mayor and
confirmed by the Council.
G. "EliQible funds" means a source of funds for proiects from which art is
not precluded as an obiect of expenditure.
H. "ParticipatinQ department" means the department that is subiect to this
article by its sponsorship of a city proiect.
I. "Percent for art" means the prOQram established by this article to set
aside a percentaQe of the total cost of city proiects 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 by the City
of Ashland, usually outside and accessible to the public.
K. "Public art account" means the city of Ashland public art account in the
city budQet established by this article into which all moneys donated,
appropriated or derived pursuant to the percent for art prOQram shalf be
deposited. Funds within the public art account shall be utilized for the
purposes outlined in this article.
Page 45 of 55
L. "Removal" means the exclusion of an artwork from the Ashland public
art collection by 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 by the
Commission that will evaluate the proposals associated with a particular
proiect 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 by a
commercial developer into the Public Art account when the developer
prefers not to incorporate public art into the proiect 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 proiect.
2.29.100 Process for aCQuirinQ public art
A. General. The Public Art Commission will call for entries by issuinQ
a request for proposal, a request for Qualification or by invitation.
The call for entries will include specific Quidelines and criteria for the
specific proiect. Every call for entry must comply with the City's
public contractinQ rules.
1. Acquisition. Acquisition of public art will Qenerally result
from:
a. The commissioninQ or purchasinQ of a work of public art by
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 by request or owinQ
to some damaQe or destruction of the artwork.
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
Page 46 of 55
proiect by 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 byexamininQ
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
2.29.140(B), neither the Council nor the Commission is bound to
follow any particular process for removal and disposal of art in the
Ashland Public Art Collection.
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 by the
Commission based on its own evaluation. or by 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.
All art works or funds shall be administered by the city in accordance with
its terms. Funds donated to the Commission shall be placed in a special
account to be used exclusively for the purposes of the Commission or as
desiQnated by the donor. Funds in this account may only be expended after
they have been properly budQeted or approved by the city.
Page 47 of 55
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 by 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 by the Commission
A. Selection Guidelines for Works of Public Art.
1. Quality. The artwork should be of exceptional Quality and
endurinQ value.
2. Site. The artwork should enhance the existinQ character of
the site by 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 Durability. The durability and cost to
maintain the artwork should be considered and Quantified,
particularly if the work is servicinQ, repaintinQ, repairinQ or
replacement of movinQ parts.
6. Permanence. Both temporary and permanent art works shall
be considered.
7. Media. All forms of visual media shall be considered,
subiect to any requirements set forth by city ordinance.
Page 48 of 55
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 encouraQe cultural diversity.
10. Commercial Aspect. The artwork shall not promote Qoods
or services of adiacent or nearby businesses.
11. Compliance. Artworks shall not violate any federal, state,
or local laws, includinQ specifically AMC Chapter 18.96.
B. Guidelines for Site Selection.
1. Ownership or Control. Public art should be placed on a site
owned or controlled by the city, or there should be a written
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 Accessibility. Public art should be easily visible and
accessible to the public.
3. Visual Enhancement. Public art should visually enhance the
overall public environment and pedestrian streetscape.
4. Pedestrian Accessibility. Public art should experience hiQh
levels of pedestrian traffic and be part of the city's circulation
paths.
5. Circulation. Public art should not block windows,
entranceways. roadways or obstruct normal pedestrian
circulation or vehicle traffic.
6. Scale. Public art should not be placed in a site where it is
overwhelmed or competinQ with the scale of the site. adiacent
architecture, larQe siQnaQe, billboards,'etc.
2.29.140 Standards for the Ashland Public Art Collection
A. Acquisitions. The followinQ minimum standards and criteria shall
apply to the acquisition of artworks.
1. Artworks may be acquired by direct purchase, commission,
Qift or any other means.
Page 49 of 55
2. Acquisition, whether by direct purchase, commission. Qift.
or otherwise, shall occur by a leQal instrument of conveyance
or other writinQ transferrinQ title of the artwork to the City and
clearly 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
expressly 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 only acquire artworks if: 1) the artist warrants
that he will not make a duplicate of the artwork, or permit
others to do so. without written permission by the City, and 2)
the artist Qives permission to the City to make a two-
dimensional reproductions as lonQ as all such reproductions
provide the copyriQht symbol, 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 10nQer accessible to the public or
the physical site is to be destroyed or siQnificantly
altered.
b. The artwork is found to be forQed or counterfeit.
c. The artwork possesses substantial demonstrated
faults of desiQn or workmanship.
d. The artwork causes excessive or unreasonable
maintenance.
e. The artwork is damaQed irreparably, or so severely
that repair is impractical.
Page 50 of 55
f. The artwork presents a physical threat to public
safety.
Q. The artwork is rarely displayed.
h. A written request for removal has been received from
the artist.
2. Council Removal Process.
a. On its own motion. or followinQ receipt of a
recommendation from the Commission the Council may
remove and dispose of any artwork previously accepted
into the Ashland Public Art Collection in their sole
discretion.
b. Acceptance or placement of donated art by the city
does not Quarantee continuous public display of the
artwork reQardless of physical inteQrity. identity,
authenticity. or physical condition of the site.
c. Removal officially deletes the work from the city of
Ashland Public Art Collection by a relinquishment of
title to the artwork; thus, 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 citv 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 by city ordinance.
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.
Page 51 of 55
1. The Commission may also recommend artworks be
borrowed.
2. With the exception of ownership. the eliQibility, 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 display inside its facilities.
2.29.150 Maintenance of the Ashland Public Art Collection
A. Except where expressly provided in a contract or warranty for
public art the city shall be responsible for all maintenance of all
artworks in the Ashland Public Art Collection.
B. Within the limitation of the city 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. Any evidence of damaQe, deterioration. vandalism or theft of
artworks in the Ashland Public Art Collection shall be immediately
reported to the appropriate City Department. City staff shall keep the
Commission and Council informed of 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
proiects proposed in city parks. NothinQ herein exempts public art proiects
from compliance with all applicable federal, state. and local laws includinQ.
but not limited to, land development reQulations and buildinQ code
compliance.
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.
Page 52 of 55
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 proiect shall. to the deQree that
there are eliQible funds. include within the budQet for the proiect a
monetary contribution for the public art account equal to one-half
percent (0.5%) of the total cost of the project.
1. One-half percent (0.5%) of the total cost of a 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 proiect 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 proiect. If costs are incurred by the participatinQ
department to comply with this article requirement prior to
transfer of the one-half percent (.5%) dedication for the city
proiect 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.
Page 53 of 55
D. Restricted Funds. If fundinQ for a particular city proiect is subiect
to leQal restrictions that preclude public art as an object for
expenditure, the portion of the city proiect that is funded with the
restricted funds shall be exempt from the dedication requirements of
this article.
E. Phased Proiects. 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
project 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 proiect, the city will consider an overall public art plan for the
proiect to ensure that art is not located on a piecemeal basis with
phase construction.
F. Monetary contributions for public art shall be deposited in I
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, subiect 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.
SECTION 24. Severability. The sections, subsections, paragraphs and clauses
of this ordinance are severable, The invalidity of one section, subsection,
Page 54 of 55
paragraph, or clause shall not affect the validity of the remaining sections,
subsections, paragraphs and clauses.
SECTION 25. 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, 16- 19, 24 and 25) 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 , 2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010,
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 55 of 55
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 1.08 Relating to Classification of Offenses
Meeting Date: January] 9,20] 0 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appice1r@ash1and.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benn Estimated Time: ] 0 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter] ,08 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
February 2,2010,
Background:
The City Attorney's Office has previously addressed the City Council on the "one size fits all" generic
nature of the Ashland Municipa] Code, Specifically, every single violation offense in the code is
punishable by a fine of up to five hundred dollars, ($500,00), [AMC ] ,08.020]. The City Police
Department and past and present City Code compliance staff favor a more precise identification of
levels of offenses and fines associated with such offenses. One predictable way to refine the Ashland
Municipal Code is to use the existing classification system for offenses in ORS Chapter ]53. Such use
of the classifications is specifically authorized by Oregon law, (However you are not required tO,use
it), Both the City Police and the Municipal Court arefamiliar with this state classification system
which allows for the designation of offenses as Class A, Class B, Class C and Class 0,
Pursuant to ORS ]53,0]8, the maximum fines by Class of Offense are as follows:
Class A: $720
Class B: $360
Class C: $] 80
Class 0: $90
As amended, AMC ] ,08 designates all city ordinance offenses as Class B unless otherwise specified in
the Municipal Code. [This default designation has the effect of reducing the maximum fine from $500
to $360 for all offenses.] The City Council is being asked to designate a Class [A, B, C or 0] for all
offenses in the Code, The most commonly used chapters 9, ]0 and]] are being brought forward first.
While other amendments may come to mind as these chapters are reviewed, the primary focused these
ordinances is classification of offenses.
Staff is recommending the City also adopt a base fine system. The State of Oregon uses a base fine
calculation [ORS 153.]25] to ensure fairness, consistency and predictability in the adjudication of
violation level offenses, (However you are not required to use it). The base fine is the amount written
on the front of the ticket by the police officer or code enforcement officer. The amount of the base
fine, described below, is based on a formula which includes required assessments, For offenses not
requiring a personal appearance in Court, a defendant can just mail or drop off his/her payment of the
base fine with a guilty or no contest plea and the matter is ended (unless the Court sends a notice to
Page I on
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CITY OF
ASHLAND
appear). If a defendant goes to trial and is found guilty the Judge can not lower the amount assessed
more than 25% of the base fine. Mandatory assessment would apply on top of this amount.
, Staff recommends clarifying offenses because it treats offenses based on their severity, Under the
existing system, an offense such as dog in the park [AMC 10,68.100] is the same level of offense as
failure to contain or leash a vicious dog [AMC 9.16.020]. Both are punishable by a maximum fine of
up to $500, plus assessments. The base fine amount calculated using the "one size fits all" maximum
of a five hundred dollar fine is $317.00 ($362,00 while the surcharge is operative). [Calculation is
$250,00 foundation amount (1/2 the maximum) plus $37.00 state unitary assessment, plus $30.00
county assessment equals $317.00 plus the 2009 $45 surcharge to total $362.00]
A Defendant charged with a dog in the park violation will likely not plead guilty or no contest on the
back of the citation and mail in $362 to the Court clerk. The Defendant will likely decide to appear in
Municipal Court for this violation and ask the Judge for a smaller fine. This is an extremely inefficient
use of the City's resources; the City Council can increase efficiency by more precisely addressingthe
appropriate level of the offense legislatively,
The police and parks director would recommend classification of dog in the park as a Class D violation
offense punishable by a maximum $90.00 fine, (Compare to vicious dog, which would be classified
more seriously). More importantly, the police would use the bail schedule based on this "D"
classification and write the base fine amount of$97.00 on the ticket. ($142,00 while the surcharge is
operative), The offender is more likely to exercise the option to plead guilty or no contest by mail
(with or without an explanation) and submit the base fine amount with his or her plea. No personal
court appearance is necessary.
Please keep in mind, state law imposes a $37 unitary assessment on all violations as well as a County
assessment ranging from $5 to $66 based on the fine amount. Accordingly of the $97 submitted in the
above example, $37 goes to the State or Oregon and $15 to Jackson County. The City gets the
remaining $45 only, (While the $45,00 surcharge is in place, the surcharge goes to the City much like
the City Assessment which was proposed two years ago)
In general, the proposed ordinance amends Chapter 1,08 to clarify and refine the penalties associated
with criminal and violation offenses, The ordinance does the following:
. Establishes Classes for violation offenses (i,e, Class A, B, C, and D) with corresponding fines,
[Page 2, Section 2] [Page 3, Section 3, Table I]
. Sets all Violations of the Code not otherwise designated as Class B Violations. [Page 2,
Section 2]. Class B Violations are punishable by a maximum $360,00 fine, plus assessments,
[Page 3, Section 3, Table 1]
. Establishes Base fine amounts consistent with state law for all Classes of violations.[Page 3,
Section 3.B. Table I] Staff recommends the base fine system to create more predictable
outcomes for sentences for people found guilty,
Page 2 of3
r~'
CITY OF
ASHLAND
. Repeals the adoption of the criminal laws and procedures in AMC 10.104.010 which has not
been updated since 1989. [Page 4, Section 7]
. Repeals the adoption of the Oregon vehicle code in AMC 11.04,010 which has not been
updated since 1985. [Page 4, Section 7]
. Adopts current criminal laws and procedures, including violations procedures, as well as
vehicle code, and permits extra-territorial application on lands owned by the City. [Page 2,
Section C, paragraphs 1.-5]
. Specifies misdemeanor offenses are only those specified as such in the Code; establishes
offenses as Class B Misdemeanors, subject to City Charter penalty limitation of 60 days jail
and a $500 fine, [Pages 1, Section 1 ,A]
. Does not limit prosecution of state criminal law misdemeanors or violations in Municipal
Court, [Pagel, Section I.B] [Page 2, Section 2,A]
. Makes maximum violation fines subject to City Charter limitation of$500,00 fine. [Page 2,
Section 2.A]
. Sets Special Corporate Fine at double the fine for individuals. [Page 3, Section 2, B]
. Makes Special corporate fines subject to City Charter limitation to $500.00 fine for violations,
[Page 3, Section 2,A]
,-
. Updates Violation Trial provisions, including authorizing code compliance staff to appear.
[Page 4, Section 4.A - F]
. Expressly authorizes Recorder to correct terminology and create table of offenses (e.g, change
infraction to violation). [Page 4, Section 6]
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 February 2,2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor February 2,
2010.
Attachments:
Proposed ordinance
Pagc3 of 3
r.l'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1.08 OF THE ASHLAND
MUNICIPAL CODE, ESTABLISHING CLASSES OF OFFENSES, AND REPEALING
AMC 10.104.010 AND AMC 11.04.010
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); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1 : Section 1.08,010 [GENERAL PENALTY: Penalty Imposed] is hereby
amended to read as follows:
1.08.010. GENERAL PENALTY Misdemeanor Penalties and Procedures. Penalty
Imposed.
A. Unless otherwise specifically provided, when the Ashland Municipal Code
identifies violation of its provisions as a misdemeanor or as subiect to this section,
any person violating any provisions or failing to comply with any of the mandatory
requirements of this code is guilty of a Class C misdemeanor offense, Provided
however, while the $500 dollar and sixty (60) day limitations of Article 9, Section 1 of
the Ashland City Charter are operative. any Any person convicted of a misdemeanor
under this code shall be punished by a fine of not more than five hundred dollars
($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and
imprisonment. In addition to a fine and incarceration, the Municipal Court may
impose any additional punishment. probation or remedial measure (e.Q. restitution)
appropriate for the offense.
B. Each such person is guilty of a separate offense for each and every day during any
portion of which any violation of this code is committed, continued or permitted by any
such person, and shall be punished accordingly. The costs of prosecution, includinQ
Page 1 of 6
, but not limited to court costs. assessments, fees. surcharQes, restitution. and the
like, shall not be included within the $500 limitation. The prosecution in Ashland
Municipal Court of state law misdemeanors and violations pursuant to ORS 221. 339
is not limited by the fine and incarceration limitations of the city charter.
C. Adoption of State Criminal Laws and Procedures
11\ All criminal procedures, provisions and requirements applicable to violations
and misdemeanors, includinQ but not limited to OreQon Evidence Code, 10RS
Chapters 40 and 41), ORS Chapter 153 violations, defenses, burden of proof, Qeneral
principles of criminal liability, parties, and Qeneral principles of iustification
contained in OreQon Revised Statutes Chapters 131 throuQh and includinQ 167. as
well as Chapters 471 throuQh 480 are hereby adopted in full and made applicable to
the municipal court.
12\ All misdemeanor and violation offenses and penalties described in ORS
Chapters 161, 162.163,164.165.166 and 167, as well as offenses described in the
OreQon Vehicle Code and ORS Chapters 33.137,153,471.475,476, and 480. are
hereby adopted by reference. When cited as a city ordinance violation, violation of
an ORS section adopted by reference is an offense aQainst this city and shall be
punishable to the same extent as provided in the Code. NotwithstandinQ the above,
nothinQ herein prohibits or restricts the City police or City Attorney from electinQ to
pursue a charQe and prosecute defendants with state law offenses in the name of
the State of OreQon pursuant to ORS 221. 339.
(3) Except where the context clearly indicates a different meaninq, definitions
appearinQ in the Qeneral definitional and other particular sections of chapters
adopted by subsections (1) and (2) of this section are applicable throuQhout this
chapter. Where appropriate, references to "state" and "state statute" shall be
deemed to also include "city" and "city ordinances."
(4) The city police, city attorney. assistant city attorney, and municipal court,
includinQ the municipal court iudQe, iudQes pro tem, court supervisor and deputy
court clerks. shall have all the powers, duties, and responsibilities provided under
OreQon Revised Statutes, applicable to investiQation, prosecution, administration,
and adjudication of criminal offenses and violations within the city of Ashland and
on city-owned property as applicable.
(5) The statutes, codes and procedures adopted herein are expressly made
applicable within the city limits of the city of Ashland as well as outside the city
limits when concerninQ offenses occurrinQ on city-owned or controlled property
located outside the city limits of the city of Ashland, OreQon.
SECTION 2: Section 1.08,020 is hereby amended to read as follows:
1.08.020 GENERAL PENAL TV Violation Penalties and Procedures Infractions
Page 2 of 6
A. Violation offenses in the Ashland Municipal Code shall be classified as either
a Class A, Class B. Class C or Class D violation consistent with ORS Chapter 153.
ParkinQ violations are excluded from Classification and Base Fine requirements.
When not otherwise specified in the Ashland Municipal Code, the violation offense
shall be a Class B violation. The penalty for committinQ a violation offense shall be
as specified for the classification of the offense in the Schedule of Violation
Penalties, Section 1.08.030, rTable 11, or as otherwise specifically desiQnated in the
Ashland Municipal Code. Provided however, while the $500 dollar limitation of
Article 9. Section 1 of the Ashland City Charter is operative, the fine portion of any
monetary obliQation imposed by the Municipal Court for a City Ordinance offense.
shall not exceed $500. In addition, each and every day durinQ any portion of which
any violation offense is committed, continued or permitted by any such person, or
entity shall constitute a separate violation subiect to a separate fine and such
person shall be punished accordinQly. The costs of prosecution. includinQ but not
limited to court costs, assessments, fees, charQes, surcharQes, restitution, and the
like, shall not be included within the $500 limitation. The prosecution in Ashland
Municipal Court of state law misdemeanors and violations pursuant to ORS 221.339
is not limited by the fine and incarceration limitations of the city charter. ParkinQ
violations are excluded from Classification and Base Fire requests.
B. Subiect to Charter limitations. and notwithstandinQany other provision of the
Ashland Municipal Code, the Council hereby establishes a special corporate fine of
twice the amount of fine specified for an individual per class of offense in AMC
108.030 Table 1. "Corporate" fines are imposed when the entity responsible for the
offense is a corporation, partnership, limited liability company or other entity, not a
real person. In addition to a fine, the Municipal Court may impose additional
punishment or remedial measure (e.Q. restitution) appropriate for the violation
offense.
A person who commits an infraction by 'iiolating designated provisions of the
Ashland MlIniGipal Code shall not sllffer any disability or legal disadvantage based
lIpon conviction of crime. The penalty for committing an infraction shall be a fine
not to eXGeed $500~ however, each and every day dllring any portion of which any
infraction is committed, continlled or permitted by any sllch person, is a separate
violation slIbjeGt to a separate fine of $500.00, and sllch person shall be pllnished
accordingly. The trial of any infraction shall be by the COllrt withollt a jllry. The City
of .'\shland shall have the bllrden of proving the infraction by a preponderance of
the evidence and the Defendant may not be reqllired to be a '.vitness in the trial of
such infraction. .'\.t any trial involving an infraction, the City Attorney shall not
appear lInless the Defendant is represented by an attorney, further, at any sllch trial,
defense cOllnsel shall not be provided at public expense.
SECTION 3: Section 1.08.030 is hereby added to read as follows:
1.08.030 Base Fines, Schedule of Violation Penalties
A. Base Fine. Pursuant to ORS 153.142, base fine calculations shall be
Page 3 of 6
consistent with state law for all city ordinance violations and other violations
subiect to the iurisdiction of the municipal court, except that City assessment. if
any, shall be added to the foundation amount in the same manner as state and
county assessments are added to the foundation amount and incorporated into the
base fine. State, county, and local assessments and surcharQes, if any, are added
to fines, not deducted from them. A reduction of a misdemeanor to a violation
retains the appropriate state. county as well as any city misdemeanor assessments.
B. Schedule of Violation Penalties. City ordinances offenses and other City
violations within the iurisdiction of the Municipal Court shall have the classifications
and base fines. noted on Table 1 below:
Table 1 Schedule of Violation Penalties"
Class A $720.00' $427.00 $472.00
Class B $360.00 $242.00 $287.00
Unclassified $360.00 $242.00 $287.00
Class C $180.00 $145.00 $190.00
Class D $090.00 $097.00 $142.00
. Subiect to Charter limitation on fine noted in AMC 1.08.020 the maximum fine
must be lowered to $500.00 fine plus applicable state, county and city assessments
and surcharQes, if any]
.. These provisions do not apply Qenerally to ParkinQ Offenses unless specified in
the AMC.
.
SECTION 4: Section 1.08.040 is hereby added to read as follows:
1.08.040 Violation Trial
A. The trial of any violation offense shall be by the Court without a iury.
B. The City of Ashland shall have the burden of provinQ the violation offense by
a preponderance of the evidence and the Defendant may not be required to be a
witness in the trial of such violation offense.
C. At any trial involvinQ a violation offense, the City Attorney shall not appear
unless the Defendant is represented by an attorney, or unless the'City Attorney is
Qranted leave of the Court to appear. Further, at any such violation trial, defense
counsel shall not be provided at public expense.
D. Consistent with ORS 153.083, in any trial of a violation offense, whether
created by ordinance or statute, in which the City Attorney is prohibited from
appearinQ, the City police officer or code compliance officer who issued the citation
for the offense is specifically authorized by law to present evidence, examine and
Page 4 016
cross-examine witnesses and make arQuments relatinQ to: (1) The application of
statutes and rules to the facts in the case; and (2) The literal meaninQ of the statutes
or rules at issue in the case: and (3) The admissibility of evidence: and (4) Proper
procedures to be used in the trial.
E. Except as expressly provided above, only a person who is currently licensed
to practice law in the State of OreQon by the OreQon State Bar is permitted to
represent another person or entity in Ashland Municipal Court.
F. A person who commits a violation offense by violatinQ desiQnated provisions
of the Ashland Municipal Code shall not suffer any disability or leQal disadvantaQe
based upon conviction of crime.
SECTION 5: Section 1.08.050 is hereby added to read as follows:
1.08.050 Remedies - Non-Exclusive
The riQhts, remedies, and penalties provided in this Chapter are cumulative, are not
mutually exclusive, and are in addition to any other riQhts, remedies and penalties
available to the City under any other provision of law, includinQ specifically criminal
prosecution.
SECTION 6, Substitution of Terms. The City Recorder is expressly authorized to
substitute the term "violation" or "violation offense" and plurals thereof, as appropriate, for
the term "infraction" and plurals thereof, throughout the entire Ashland Municipal Code, to
correctly reflect terminology used to describe non-criminal offenses.
SECTION 7. Tables of Offenses. The City Recorder is expressly authorized to create
tables for each chapter of the Ashland Municipal Code listing the offenses contained in
each Chapter by name, citation and classification. The tables may be codified in a location
determined by the City Recorder.
SECTION 8, Repeal. Subject to Section 10 below, Ashland Municipal Code Section
10.104.010 [Adoption of State Criminal Law and Procedures] and Ashland Municipal Code
Section 11,04.010 [Adoption of Vehicle Code] are hereby repealed.
.
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this
Ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this Ordinance are declared to be severable.
SECTION 10. Savings, Notwithstanding this amendment, the City ordinances in
exjstence at the time any criminal or civil enforcement actions or other actions as required
by state law, were commenced shall remain valid and in full force and effect for purposes
of all cases filed or commenced during the times said ordinance(s) or portions thereof were
Page 5 of 6
operative. This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions or applications commenced and continued under the
laws in effect at the time the matters were originally filed.
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal 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, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 6 thru 10, unincorporated
Whereas clauses and boilerplate provisions need not be codified,
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 , 2010,
and duly PASSED and ADOPTED this day of ,2010,
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010,
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 6 of 6
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 9 Relating to Classification of Offenses
Meeting Date: January 19, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 9 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for
February 2,2010,
Background:
The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B: $360; (3)C1ass C:
$180; (4)C1ass D $90, The Chapter contains the following recommended classifications:
Chapter 9
Health and Sanitation and Removing Unnecessary Regulations
9.08,020 Dangerous Animals B
9.08.030 A-C Animal at Large D
9,08.040 A-G Keeping of Animals C
9,08,050 Removal of Carcasses D
9.08.060 A-J, Nuisances Affecting the Public A
Health
9,08,070 Abandoned Refrigerators A
9,08.080 A-B Attractive Nuisances B
9,08.090 A Snow and Ice-Removal D
9,08,100 Noxious Growth C
9,08,110 Scattering Rubbish B
9.08.120 A-C Trees - Hedges C
9,08,130 Parking Strips C
9,08.140 A-B Fences B
9.08.150 A-B Surfaces Waters - Drainage B
9.08.160 A-B Radio and Television -- Interference B
9,08,170 A-C Unnecessary Noise A
9.08.175 Heat Pumps or Mechanical Devices B
9.08.180 Notices - Advertisements C
9,08.190B General Nuisance B
9.08,270 Coal Sale C
9,12,020 Keeoin!! Junk - Unlawful Out of B
Page lof2
r.t. ,
CITY OF
ASHLAND
Doors
9.12.030 Keeping Junk -- Exposed to View B
Unlawful
9.12.035 A-G Storage and Disposal of Junk on B
Calle Guanajuato
9.12.060 Nuisance-Junk Penalty for 9.12 B
generall y
9.16.010 Dogs Control Required D
9,16,020 Vicious Dogs-Control Required B
9,16,040 Dogs-Leash Required D
9,16,050 Unattended Dogs D
9,16,055 Removal of Dog Waste D
9,16.060 Dogs-City Parks or Plaza Islands D
9,16.065 Dogs -- City Cementeries D
9.20.030 A-B Polystyrene Foam Banned - Food B
Packaging (see 9.20,050)
9.24.060 . Woodstove Curtailment 9.24,010- B
9.24,060,
9.24,060 Wood stove Curtailment disclosure $500
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 February 2,2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor February 2,
2010,
Attachments:
Proposed ordinance
Page 2 of2
r.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 9, HEALTH AND SANITATION AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show delotions 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, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.08.020 [Dangerous Animals] through 9,08.190 [Declaration of
Nuisance -- General Nuisance] are hereby amended to read as follows:
9.08.020 Dangerous Animals
No owner or person in charge of an animal shall permit an animal which is
dangerous to the public health or safety to be exposed in public. DanQerous
animals is a Class B yiolation.
9.08.030 Animals at Large
No owner or person in charge of any of the following animals shall permit the
animal to run at large;
Page 1 of 16
A. A female dog in heat.
B. A male dog during the months of April, May, June and July.
C, Livestock or poultry.
D. Animals at larQe is a Class 0 violation.
9.08.040 Keeping of Animals
A. Except as otherwise permitted by ordinance, no person shall keep or maintain
more than three (3) dogs over the age of three (3) months on anyone (1) parcel
or tract of land.
B. No person shall keep or maintain swine. Notwithstanding the preceding
sentence or the provisions of section 18.20,020, keeping or maintaining swine
commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied
pigs (sus scrofa vittatus) is allowed, subject to the following:
1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or
weigh more than 95 pounds.
2. No more than one such pig shall be kept at anyone parcel or tract of land,
3. Such pigs shall
a. Be confined by fence, leash or obedience training to the property of the
person keeping or maintaining them or to the property of another if such other
person has given express permission;
b, Be confined to a car or truck when off property where otherwise confined;
or
c. Be on leash not longer than six feet in length.
4. Such pigs shall have access to an enclosed structure sufficient to protect them
from wind, rain, snow or sun and which has adequate bedding to protect against
cold and dampness, Confinement areas must be kept clean and free from waste
or other contaminants.
5, Notwithstanding any of the above, no such pig shall be allowed in any park.
C. No person shall keep or maintain poultry within seventy-five (75) feet of
another dwelling,
D. No person shall keep or maintain rabbits within one hundred (100) feet of
Page 2 of 16
another dwelling or within seventy-five (75) feet of a street or sidewalk,
E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container
of any kind or character wherein bees are hived, within one hundred fifty (150)
feet of another dwelling or within one hundred fifty (150) feet of a street or
sidewalk.
F. No person shall keep or maintain a stable within one hundred (100) feet of
another dwelling,
G, Where the conditions imposed by subsections (B) to (F) of this section differ
from those imposed by another ordinance, the provision which is more restrictive
shall control.
H. KeepinQ of animals is a Class C violation.
9.08.050 Removal of Carcasses
No person shall permit an animal carcass under their ownership or control to
remain upon public property, or to be exposed on private property, for a period of
time longer than is reasonably necessary to remove or dispose of the carcass.
Removal of carcasses is a Class D violation.
9.08.060 Nuisances Affecting the Public Health
No person shall cause, or permit on property under their ownership or control, a
nuisance affecting public health, The following are nuisances affecting the public
health and may be abated and/or cited as provided in this chapter the AMC:
A. Privies. An open vault or privy constructed and maintained within the City,
except those constructed or maintained in connection with construction projects
in accordance with the Oregon State Board of Health regulations;
B. Debris. Accumulations of debris, rubbish, manure, and other refuse that are
not removed within a reasonable time and that affect the health of the City;
C. Stagnant Water. Stagnant water which affords a breeding place for
mosquitoes and other insect pests; .
0, Water Pollution. Pollution of a body of water, well, spring, stream, or drainage
ditch by sewage, industrial wastes, or other substances placed in or near the
water in a manner that will cause harmful material to pollute the water;
E. Food, Oecayed or unwholesome food which is offered for human
consumption;
Page 3 of 16
F, Odor. Premises which are in such a state or condition as to cause an offensive
odor or which are in an unsanita~ condition;
G, Surface Drainage. Drainage of liquid wastes from private premises;
H, Cesspools. Cesspools or septic tanks which are in an unsanita~ condition or
which cause an offensive odor;
I. Slaughterhouses and Tanneries. A slaughterhouse or tanne~,
J. Dust and Trackout. No person shall trackout mud, dirt, or other debris from
private or public lands onto public roads without taking reasonable precautions to
prevent mud, dirt, or debris from becoming airborne or washing off the site.
These precautions shall include prompt removal of such material from the paved
road surfaces and such other precautions including, but not necessarily limited
to, the conditions listed below, The City may require the imposition of building
permit conditions for the prevention of trackout. Conditions imposed may include,
but are not limited to the following:
The posting of a bond sufficient to assure available funds for roadway cleanup by
the City if the contractor or permittee is negligent in cleanup of adjacent public
roadways.
1. Street sweeping, vacuuming or other means of removing trackout material
from public roadways.
2, Installation of wheel washers at exits of major construction sites.
3. Use of tempora~ or permanent barricades to keep traffic off unpaved areas.
4, Require graveling of access roads on site.
5, Limit the use of public roadways by vehicles,
6. Issue stop work order if trackout occurs and is not promptly corrected. A
violation of a stop work order shall be considered a violation of this section, A
stopowork order issued pursuant to this section shall be posted at the work site
and delivered personally or by certified mail to an alleged violator.
"
7. For access to property, paving of the ent~ way or driveway for its entire length
or a distance of 50 feet, whichever is shorter.
Nuisances affectinQ public health are considered Class A violations.
9.08.070 Abandoned Refrigerators
Page 4 of 16
No person shall leave, in a place accessible to children, an abandoned or
discarded icebox, refrigerator, or similar container without first removing the door,
unless the same has a magnetic catch or similar catch which can easily be
opened from the inside. Abandoned refriqerators is a Class A violation.
9.08.080 Attractive Nuisances
A. No owner or person in charge of property shall permit thereon:
1. Unguarded machinery, equipment, or other devices which are attractive,
dangerous, and accessible to children.
2. Lumber, logs, or piling placed or stored in a manner so as to be attractive,
dangerous, and accessible to children.
3. An open pit, quarry, cistern or other excavation which is substantially below
the level of the adjacent street without safeguards or barriers to prevent such
places from being used by children.
B. This section shall not apply to authorized construction projects with
reasonable safeguards to prevent injury or death to playing children.
C. Attractive nuisances are Class B violations.
9.08.090 Snow and Ice - Removal
~No owner or person in charge of property, improved or unimproved, abutting
on a public sidewalk shall permit:
1. A-Snow to remain on the sidewalk for a period longer than the first two
(2) hours of daylight after the snow has fallen.
2. S. Ice to remain on the sidewalk for more than two (2) hours of daylight
after the ice has formed unless the ice is covered with sand, ashes, or
other suitable material to assure safe travel.
B. Snow and ice removal is a Class D violation.
9.08.100 Noxious Growth
No owner or person in charge of property shall permit weeds or other noxious
vegetation to grow upon such property. It shall be the duty of an owner or person
in charge of the property to cut down or to destroy grass, shrubbery, brush,
bushes, weeds, or other noxious vegetation as often as needed to prevent them
from becoming unsightly, from becoming a fire hazard, or, in the case of weeds
Page 5 of 16
or other noxious vegetation, from maturing, or from going to seed. Noxious
arowth is a Class C violation.
9.08.110 Scattering Rubbish
No person shall deposit upon public or private property any kind of rubbish, trash,
debris, refuse, or any substance that would mar the appearance, create a stench
or fire hazard, detract from the cleanliness or safety of the property, or would be
likely to injure a person, animal, or vehicle traveling upon a public way.
Scatterina rubbish is a Class B violation.
9.08.120 Trees - Hedges
A. No owner or person in charge of property that abuts upon a street or public
sidewalk shall permit trees, bushes, or hedges on such property to interfere with
street or sidewalk traffic. In addition, it shall be the duty of such owner or person
to remove, from any tree on such property, all branches that overhang the
sidewalk or street to a height of not less than eight feet above the sidewalk and
not less than twelve feet above the street. For purpose of the preceding
sentence, the duty to remove branches extends to trees on any parking strip
adjoining the street or sidewalk that abuts such property.
B. No owner or person in charge of property shall allow to stand a dead or
decaying tree that is a hazard to the public or to persons or property on or near
the property:
C. No owner or person in charge of property shall place or maintain thereon,
along a street or public sidewalk, a thorn-bearing hedge or a hedge in excess of
four (4) feet in height.
D. Trees-Hedaes is a Class Cviolation.
9.08.130 Parking Strips
It shall be the duty of the owner or person in charge of abutting property to grade
the area between the sidewalk and the curb to the level of the sidewalk and curb
and to maintain the area as a grass plot; provided, however, that the area may
be used also for ornamental plants and shrubbery in a manner not in conflict with
this chapter or any ordinances. Parkina strips is a Class C violation.
9.08.140 Fences
A. No owner or person in charge of property shall construct or maintain a barbed-
wire fence thereon, or permit barbed wire to remain as part of a fence, along a
sidewalk or public way, except such wire may be placed above the top of other
fencing not less than six (6) feet, six (6) inches high.
Page 6 of 16
B. No owner or person in charge of property shall construct, maintain, or operate
an electric fence along a sidewalk or public way or along the adjoining property
line of another person.
C. Fences is a Class B violation.
9.08.150 Surface Waters - Drainage
A. No owner or person in charge of a building or structure shall suffer or permit
rainwater, ice, or snow to fall from the building or structure on to a street or public
sidewalk or to flow across the sidewalk.
B. The owner or person in charge of property shall install and maintain in a
proper state of repair adequate drainpipes or a drainage system so that any
overflow water accumulating on the roof or about the building is not carried
across or upon the sidewalk.
C. Surface Waters - DrainaQe is a Class B violation.
9.08.160 Radio and Television -Interference
A. No person shall operate or use an electrical, mechanical, or other device,
apparatus, instrument, or machine that causes reasonably preventable
interference with radio or television reception by a radio or television receiver of
good engineering design.
B. This section does not apply to devices licensed, approved, and operated
under the rules and regulations of the Federal Communications Commission.
C. Radio and television interference is a Class B violation.
9.08.170 Unnecessary Noise
A. No person shall make, assist in making continue, or cause to be made any
loud, disturbing, or unnecessary noise which either annoys, disturbs, injures, or
endangers the comfort, repose, health, safety, or peace of others.
B. The standard for judging loud, disturbing and unnecessary noises shall be that
of an average, reasonable person with ordinary sensibilities after taking into
consideration the character of the neighborhood in which the noise is made and
the noise is heard. Such noises which are in violation of this section include but
are not limited to the following:
1. The keeping of any bird or animal which by causing frequent or long-continued
noise disturbs the comfort and repose of any person in the vicinity;
Page 7 of 16
2. The attaching of a bell to an animal or allowing a bell to remain on an animal;
3. The use of a vehicle or engine, either stationary or moving, so out of repair,
loaded, or operated as to create any loud or unnecessary grating, grinding,
rattling, or other noise;
4. The sounding of a horn or signaling device on a vehicle on a street, public
place, or private place, except as a necessary warning of danger;
5. The blowing of a steam whistle attached to a stationary boiler, except to give
notice of the time to begin or stop work, as a warning of danger, or upon request
of proper City authorities;
6. The use of a mechanical device operated by compressed air, steam, or
otherwise, unless the noise thereby created is effectively muffled;
7. The erection, including excavation, demolition, alteration, or repair of a building
in residential districts, other than between the hours of seven (7:00) a.m. and six
(6:00) p.m. weekdays, and on weekends and Holidays between the hours of
eight (8:00) a.m. and six (6:00)p.m., except in case of urgent necessity in the
interest of the public welfare and safety and then only with a permit granted by
the City Administrator for a period not to exceed ten (10) days. The permit may
be renewed for periods of five (5) days while the emergency continues to exist. If
the Council determines that the public health, safety and welfare will not be
impaired by the erection, demolition, alteration, or repair of a building between
the hours of six (6:00) p.m. and seven (7:00) a.m., and if the Council further
determines that loss or inconvenience would result to any person unless the work
is permitted within these hours, the Council may grant permission for such work
to be done within specified hours between six (6:00) p.m. and seven (7:00) a.m.
upon application therefore being made at the time the permit for the work is
awarded or during the progress of the work. (Ord. 2580, 1990)The actual owner
of property may do work on property which is actually owner occupied between
the hours of six (6:00) p.m. and ten (10:00) p.m. without obtaining a permit as
herein required;
8. The use of a gong or siren upon a vehicle, other than police, fire, or other
emergency vehicle;
9. The creation of excessive noise on a street adjacent to a school, institution of
learning, church, or court of justice, while the same are in use, or on a street
adjacent to a hospital, nursing home, or other institution for the care of the sick or
infirm, which unreasonably interferes with the operation of such institution or
disturbs or unduly annoys patients;
10. The discharge in the open air of exhaust of a steam engine, internal
Page 8 of 16
combustion engine, motorboat, or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises and the emission of
annoying smoke:
11. The use or operation of an automatic or electric piano, phonograph,
gramophone, Victrola, radio, television, loudspeaker, or any instrument for sound
producing or any sound-amplifying device so loudly as to disturb persons in the
vicinity thereof or in such a manner as renders the use thereof a nuisance.
However, upon application to the City Administrator and a report from the Chief
of Police, the City Administrator may grant permits to responsible persons or
organizations for the broadcast or amplification of programs of music, news,
speeches, or general entertainment as a part of a national, state or City event,
public festivals, or special events of a noncommercial nature. If the City
Administrator disapproves such a permit, the matter may be appealed to the City
Council whose decision shall be final. The broadcast or amplification shall not be
audible for a distance of more than one thousand (1,000) feet from the
instrument, speaker, or amplifier, and in no event, shall a permit be granted
where any obstruction to free and uninterrupted traffic, both vehicular and
pedestrian, will result. (Ord. 2307,1984)
12. The making of a noise by crying, calling, or shouting or by means of a
whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or
other device for the purpose of advertising goods, wares, or merchandise,
attracting attention, or inviting patronage of a person to a business. However,
newsboys may sell newspapers and magazines by public outcry:
13. The conducting, operating, or maintaining of a garage within one hundred
(100) feet of a private residence, apartment, rooming house, or hotel in such
manner as to cause loud or disturbing noises to be emitted therefrom between
the hours of eleven (11 :00) p.m. and seven (7:00) a.m. (Ord. 1559 817, 1968)
C. Any source of noise which exceeds the following standards is considered a
public nuisance:
1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50--50 DBA L50--45 DBA
L 10--55 DBA L 10--50 DBA
L 1--60 DBA L 1--55 DBA
where:
L50 = noise level exceeded 50% of the time
L 10 = noise level exceeded 10% of the time
L 1 = noise level exceeded 1 % of the time
2. Standards for measurement. Standards for measurement of noise sources
Page 9 of 16
shall be described in "Sound Measurement Procedures Manual," current
revision, as adopted by the State Department of Environmental Quality.
3. Where measured. Measurement of a noise source shall be made from the
closest residential structure in a residential zone.
4. Construction activities exempted. Noise from temporary construction activities
. is exempted from the noise performance standards from 7:00 a.m. to 9 p.m.
5. Variances. The Council may grant variance to the Decibel Noise Standards
when it finds that strict compliance with the ordinance would cause an unusual
and unreasonable hardship to a commercial or industrial use.
a. The Council shall notify all adjacent residential structures within 200 ft. of the
proposed variance and shall hold the public hearing on the variance prior to
making any decisions on the request for a variance.
b. The variance shall be the minimum necessary to alleviate the unreasonable
hardship.
D. Unnecessary noise is a Class A violation.
9.08.175 Heat Pumps or Mechanical Devices
No person shall cause or permit to exceed, on property under their ownership or
control, the standards set forth in Section 15.04.185 of the Municipal Code. Heat
Pumps or Mechanical Devices is a Class B violation.
9.08.180 Notices - Advertisements
A. No person shall scatter, litter, or cause to be scattered, or littered any
placards, advertisements, or other similar materials on public or private property.
Notices - advertisements isa Class C violation.
9.08.190 Declaration of Nuisance - General Nuisance
A. The acts, conditions, or objects specifically enumerated and defined in Section
9.08.020 through Section 9.08.180 and in Section 13.16.065 are declared public
nuisances and such acts, conditions, or objects may be abated by any of the
procedures set forth in Section 9.08.200 through Section 9.08.230. Abatement
procedures in AMC 9.08 are non-exclusive remedies for identified
nuisances and Qeneral nuisances.
B. In addition to the nuisances specifically enumerated within this chapter, every
other thing, substance, or act which is determined by the Council to be injurious
Page 10 of 16
or detrimental to the public health, safety, or welfare of the City is declared a
nuisance and may be abated as provided in this chapter.
C. General nuisance under 9.08.190.8. is a Class 8 violation.
.
SECTION 2. Sections 9.08.270 [Prohibiting the Sale of Coal] is hereby amended to
read as follows:
9.08.270 Prohibiting the Sale of Coal
No person, firm or corporation shall sell, trade, deliver or give away coal within
the City of Ashland. This shall apply to coal that is intended or suitable for use in
stoves for heating and does not include charcoal. Violation of this Section is
subject to the penalties set forth in section 9.08.250. Coal Sale is a Class C
violation.
SECTION 3. Sections 9.12.020 [Keeping Junk - Unlawful Out of Doors] through
9.12.035 [Storage and Disposal of Junk on Calle Guanajuato] is hereby amended to
read as follows:
9.12.020 Keeping Junk - Unlawful Out of Doors
It is determined and declared that the keeping of any junk out of doors on any
street or other public property, lot, or premises within the City, or in a building that
is not wholly or entirely enclosed except doors for use for ingress and egress, is
a nuisance and is unlawful. KeepinQ Junk - Unlawful out of doors is a Class 8
violation.
9.12.030 Keeping Junk - Exposed to View Unlawful
It is unlawful for any owner, lessee, or occupant to keep any junk on any lot or
premises within the City, or in a building that is not wholly or entirely enclosed
except doors used for ingress and egress. It is unlawful for any person, their
agent or employee, to keep any junk on any street or other public property.
KeepinQ iunk - exposed to view unlawful is a Class 8 violation.
9.12.035 Storage and Disposal of Junk on Calle Guanajuato
A. The regulations in this section shall apply to properties that have access to
Calle Guanajuato, that area of Lithia Park that is between Winburn Way and
North Main Street, and between the Plaza and Granite Street.
B. In addition to the regulations on junk contained in this chapter, junk shall only
be stored within a building, in an area completely enclosed from view, that is
closed tightly so that flies, odors, junk, liquids, and vermin cannot escape from
the junk and affect Calle Guanajuato.
Page 11 of 16
C. The Council may approve a storage device which may be used on private land
that is not entirely enclosed in a building, if, in the Council's opinion, it provides
sufficient protection from odors, waste materials. waste liquids. oils, fats, and
flies.
D. The Council may set aside a common area for storage of junk and recyclable
materials for the use of businesses located on properties that have access to
Calle Guanajuato. The Council shall assess each business its pro-rata share of
the costs of disposal of junk from the common area. Every business shall be
assumed to benefit from the disposal area unless it has an area for its own use
that is entirely enclosed within a building, and of sufficient size to accommodate
the junk and other waste produced by the business.
E. In assessing the pro-rata share of disposal costs to a business, the Council
may use average waste produced or expected to be produced by that type of
business. the costs shall be assessed on the normal electric utility bill, and be the
responsibility of the person to whom the electric utility account is registered.
F. It is a violation of this ordinance for a person to use the common area for
disposal if they are not being assessed for the costs of the disposal of junk from
that area.
G. StoraQe and disposal of iunk on Calle Guanaiuato is a Class B violation.
SECTION 4. Section 9.12.060 [Violation - Penalty] regarding 9.12 [Nuisance -- Junk] is
hereby amended to read as follows:
9.12.060 Violation - Penalty
If the notice is given as provided in section 9.12.050 and the owner, lessee, or
occupant fails to comply with this chapter, or any person keeps junk on any street
or other public property, then said person is in violation of this chapter and, upon
conviction, is punishable as prescribed in Section 1.08.020. Unless otherwise
specified. violation of this chapter is a Class B violation.
SECTION 5. Sections 9.16.010 [Control Required] through 9.16.080 [Penalties for
Violation] are hereby amended to read as follows:
9.16.010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property
of the person owning, harboring or having the charge, care, control, custody or
possession of such dog; however, it shall be permissible for a dog to be confined
by fence, leash or obedience training to the property of another if such other
person has given express permission. Provided, however, that the City Council
Page 12 of 16
may, in its discretion, designate certain areas within the City where dogs may be
permitted to run free while under the owner's or keeper's control. Control
required is a Class D violation.
9.16.020 Vicious Dogs - Control Required
Any dog that is vicious or dangerous to the safety of persons must be confined
by enclosure or a leash to property of its owner or keeper. Vicious dOQs-control
required is a Class B violation.
9.16.030 Dog - Control Required When in Car or Truck
It is permissible for a dog to be confined to a car or truck, which is owned by its
owner or keeper, and such confinement may be either by physical means or by
obedience training. The duration and circumstances of the confinement
shall be consistent with minimum care for the animal under OreQon
statutes protectinQ animals from mistreatment or abuse.
9.16.040 Leash Required
Any dog not confined to property as set forth above in this chapter and which is
on either public or private property must be on a leash not longer than six (6) feet
in length. Leash required is a Class D violation.
9.16.050 Unattended Dogs
Dogs not on private property as described above must always be attended by
their owner or person having the custody of such dog; and, it shall be unlawful for
any person to tie or permit to be tied or remain tied a dog or any other animal to
any tree, hydrant, railing, or other object on the public property of the City of
Ashland. Unattended dOQS is a Class D violation.
9.16.055 Removal of Dog Waste
Any person, with the exception of a sightless person, responsible for any dog,
shall be in possession of tools for the removal of, and shall remove, excrement
deposited by the dog:
A. In any public area not designed to receive those wastes, including but not
limited to streets, sidewalks, parking strips, the Plaza islands, city parks and trails
or roads paralleling ditches, swales, culverts, canals and similar facilities owned
or operated by the Talent Irrigation District or the City of Ashland, or
B. On any private property. It is an affirmative defense to a prosecution on any
charge under this subsection that the property owner or person in charge of the
property consented to such use of the property.
Page 13 of 16
Removal of dOQ waste is a Class D violation.
9.16.060 Dogs - City Parks or Plaza Islands
Dogs, except for seeing-eye dogs when in the custody and control of a person
legally blind, are not permitted in any of the city parks or the Plaza islands under
any condition except as provided in section 9.16.030; except that the Ashland
Park Commission may designate certain defined area within such parks where
dogs may be allowed on a leash which conforms to the above requirements; and
except that a person may walk a dog on a leash through the Plaza islands if the
dog remains on the paved portions of the Plaza islands. DOQS - City Parks or
Plaza islands is a Class D violation.
9.16.065 Dogs - City Cemeteries
Dogs, with the exception of seeing-eye dogs, are not permitted in any of the City
cemeteries under any condition. DOQS - city cemeteries is a Class D violation.
9.16.070 Dogs Noise
It shall be unlawful for any person to keep within the City of Ashland any
dog which by long Gontinued barking disturbs or annoys another person
within the City.
9.16.080 Penalties for Violation
.'\ny person who violates any provision of this Ghapter shall be punished as
set forth in SeGtion 1.08.020 of the .'\shland MuniGipal Code.
SECTION 6. Section 9.20.030 [Polystyrene Foam Banned - Food Packaging] is hereby
amended to read as follows:
9.20.030 Polystyrene Foam Banned - Food Packaging
A. EffeGtive January 1, 1990, no No restaurant, retail food vendor or non-profit
food provider shall serve food, and after March 31, 1990 no food packager shall
package eggs, bakery products or other food in polystyrene foam (PSF)
containers. manufactured with chlorofluorocarbons (CFCs) which do not reduce
the potential for ozone depletion by more than ninety-five percent (95%),
compared to the ozone depletion potential of CFC-12 (dychlorodifluorothane).
Compounds banned include: CFC-11, CFC-12, CFC-113, CFC-114, CFC-115,
Halon-1211, Halon-1301 and Halon-2402. Food vendors may be required to
furnish a written statement from the manufacturer or supplier of polystyrene foam
products used by that food vendor, indicating that the chemical compounds used
in the manufacture of the vendor's polystyrene foam products meet the
Page 14 of 16
provisions of this ordinance. This section does not apply to meat, including beef,
poultry, seafood or pork, packaged in polystyrene foam containers.
B. Effective January 1, 1991, no No restaurant food packager, non-profit food
provider or other person shall serve, sell, give away, deliver or provide in
anyway, food in any polystyrene foam (PSF) products, nor sell polystyrene foam
(PSF) products intended for use as disposable food containers, unless such
person has developed a method for recycling said PSF packaging used on-site.
In no case, after January 1, 1991 however, shall such PSF packaging be used
for carry-out service, nor shall such packaging leave the premises of the vendor
or provider.
SECTION 7. Sections 9.20.050 [Enforcement] regarding 9.20.030 [Polystyrene Foam
Banned - Food Packaging] is hereby amended to read as follows:
9.20.050 Enforcement
The City ."'ttorney, upon determination that a violation of this Ordinance
has occurred, shall issue a written notice of the violation by certified mail
to the vendor or rood packager which will specify the violation and
appropriate penalty.
Violations of this ordinance shall be deemed a Class B violation an infraction,
and shall be punishable as set forth in section 1.08.020 of the Municipal Code.
The '.'endor or rood packager shall, upon receipt of a notice of violation,
pay to the City the stated penalty, or appeal the finding of a violation to the
!'.shland Municipal court by requesting a hearing within fifteen (15) days of
receipt of the notice.
SECTION 8. Sections 9.24.060 [Penalty] regarding 9.24.010 - 9.24.060.[Woodstove
Curtailment] is hereby amended to read as follows:
'9.24.060 Penalty
Failure to complv with the Disclosure. Removal. Disposal and Certificate
reQuirements of AMC 9.24.055 is punishable by a minimum fine of $500.00
as well as the cost of Court or Administrative proceedinQs to enforce the
removal reQuirement. Any person violating or causing any other the violation
of any of the provisions of this Chapter shall be punishable as a B violation
prescribed in Section 1.08.020 of the Ashland Municipal Code.
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid provision or
Page 15 of 16
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal 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, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 9 thru 11,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
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 , 2010,
and duly PASSED and ADOPTED this _ day of , 2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 16 of 16
CITY OF
ASHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 1 0 Relatin~ to Classification of Offenses
Meeting Date: January 19,2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 10 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
February 2,2010.
Background: The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B:
$360; (3)Class C: $180; (4)Class D $90. The Chapter contains the following recommended
classifications:
CHAPTER 10
PUBLIC PEACE, MORALS AND SAFETY
Section Offense Class
10.04.030 Interference with a public safety radio C
10.26.050 Swimming Pool Barrier - Penalty A
10.30.050 Outdoor Burning Penalties A
A-B
10.40.030 Consumption of alcoholic liquors in B
public places prohibited
10.40.040 Open Containers Prohibited B
10.46.020 Camping Prohibited B
10.46.030 Sleeping on Benches D
10.56.030 Prohibited Uses of Fountains and A
A-B Monuments
10.60.020 Horses Prohibited B
10.60.050 Library property-Retention past due D
date prohibited
10.64.030 Sidewalk Obstruction A
10.68.060 Prohibited Commercial Activity - Parks A
10.68.080 Notices prohibited D
10.68.090 Intoxicating liquor prohibited B
A-C
10.68.100 Littering Prohibited B
10.68.110 Injuring or defacing property prohibited B
Page I of3
r~'
CITY OF
ASHLAND
10.68.120 Park property - Prohibited uses C
10.68.130 Betting prohibited B
10.68.140 Firearms and explosive prohibited A
10.68.150 Injuring wildlife prohibited A
10.68.170 Park waters -Use B
10.68.180 Whistles Prohibited D
10.68.190 Park rules-Destruction of notice A
prohibited
10.68.200 Animals in Parks D
A-D
10.68.210 Vehicles- Use restricted C
A-D
10.68.220 Emergency vacation A
10.68.230 Sleeping prohibited D
10.68.240 Comfort stations D
10.68.250 "No admittance" or "reserved" sign- A
Compliance B
10.68.260 Swings - Hammocks D
10.68.270 Fires outside designated areas B
Fires when Fire Restricted A
10.68.280 Permit - Inspection D
10.68.290 Permit - Conditions B
10.68.300 Barriers - Compliance C
10.68.310 Park Officers - Obedience required C
10.68.330 Prohibited Camping C
10.68.370 Parking limitations- Campers C
10.68.380 Lithia Park Curfew D
10.92.020 Discharging weapons A
A-B
10.100.010 Prohibited Social gambling B
10.110.070 Fair Housing Penalties A
10.115.080 Tenant Rights Penalties A
A-B section
8-10
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 February 2,2010.
(2) Postpone First Reading to a date certain.
Page 2 of3
r~'
CITY OF
ASHLAND
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for February 2,
2010.
Attachments:
Proposed ordinance
Page] of 3
-..
r.a"1
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 10, PUBLIC PEACE, MORALS AND SAFETY AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show deletion!: 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 haye 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, AMC Chapter 1.08 is being amended to establish classes of offenses
for City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.030 [Interference with Police] through Section
10.04.040 [Penalties] are hereby amended to read as follows:
10.04.030 Interference with police a public safety radio
A. No person shall hinder, delay, obstruct or resist a police officer or
person duly empowered with police authority who is acting in the
discharge of official duties.
8. No person shall operate any generator or electromagnetic wave or
otherwise cause a disturbance of such magnitude as to interfere with the
proper functioning of any police. fire. or emerQency radio communication
,
Page 1 of 16
system of the city. Interference with public safety radio is a Class C
misdemeanor.
C. No person shall refuse to leave the area of an arrest, custody, or
stop, or having left that area, re enter it, after being directed to leave the
area by a person kno..... to him to be a peace officer. "To leave the area
of an arrest, custody or stop" means to physically move to a location
not less than ten (10) feet extending in a radius from where a police
officer is engaged in effecting an arrest, taking a person into custody,
or stopping a person, proYided that the peace officer may extend the
radius beyond ten (10) feet '.vhen the officer reasonably belie','es that
the extension is necessary because of substantial risk of physical
injury to any person.
10.04.040 Penalties
Any person violating this section shall be guilty of a misdemeanor as
set forth in Section 1.08.010.
SECTION 2. Section 10.12.010 [Assault] through Section 10.12.090 [Penalties] are
hereby amended to read as follows:
10.12 Assault
10.12.010 Assault and Battery
No person shall attack, assault, or commit a battery upon another
person.
10.12.020 Offensive Physical Contact
No person shall cause or attempt to cause another person reasonably
to apprehend that the person will be subjected to any offensive
physical contact, including but not limited to touching, grabbing or
striking, either to the person or to personal property in the person's
immediate possession.
10.12.090 Penalties
Any person violating any section within this chapter shall be guilty of a
misdemeanor as set forth in Section 1.08.010.
SECTION 3. Section 10.26.050 [Swimming Pools -Barrier- Penalty] is hereby
amended to read as follows:
Page 2 of 16
10.26.050 Violation - Penalty
Any person, firm or corporation found in violation of the terms of this chapter,
and upon conviction, shall be guilty of an infraction a Class A violation ami
shall be punished as set f-orth in Section 1.08.020 of the Mlmicipal
GOOe.
SECTION 4. Section 10.30.050 [Outdoor Burning- Enforcement and Penalties] is
hereby amended to read as follows:
10.30.050 Enforcement and Penalties
A. Any person, firm or corporation, whether as a principal agent, employee or
otherwise, violating or causing violation of any of the provisions of this
ordinance, includinQ but not limited to unpermitted burninQ or violation
of permit requirements, has committed an infraction a Class A violation,
and upon conviction thereof, is punishable as prescribed in Section 1.08.020
of the Ashland Municipal Code. Such person, firm or corporation is guilty of a
separate violation for each and every day during which any violation of this
+itIe Chapter is committed or continued by such person, firm or corporation.
B. Outside burning without a permit or a campfire in violation of this chapter
is a public nuisance and may be summarily abated by the Fire Chief, Chief of
Police, or their representatives.
SECTION 5. Section 10.40.010 [Liquor Regulations - Bartender not to drink on
duty] through Section 10.04.040 [Open Container Prohibited] are hereby amended
to read as follows:
10.40. liquor ReQulations
10AQ.010 Bartender not to drink on duty
No bartender shall drink or consume alcoholic liquor, or be under the
influence of alcoholic liquor, while on duty in a licensed premise.
1Q.4Q.Q2Q License scope Conformance required
No licensee, or employee of licensee, shall have in possession on the
licensed premise alcoholic liquor that is not included within the scope
of the license for such premises.
10.40.030 Consumption of alcoholic liquors in public places prohibited
No person shall drink or consume alcoholic liquor in or upon any street, alley,
public ground, or other public place unless the place has been licensed for
Page 3 of 16
that purpose by the Oregon Liquor Control Commission. Consumption of
alcoholic liquors in public places prohibited is a Class B violation.
10.40.040 Open Containers Prohibited
A person commits the offense of violation of the open container law if the
person possesses on one's person, while in or upon any street, alley, public
ground, or other public place unless the place has been licensed for that
purpose by the Oregon Liquor Control Commission, any bottle, can or other
receptacle containing any alcoholic liquor, which has been opened, or a seal
broken, or the contents of which have been partially removed. It shall not be
a violation of this section, however, if the bottle, can or other receptacle is
within a motor vehicle and in compliance with ORS 811.170, the open
container law in a motor vehicle. Open containers prohibited is a Class B
violation.
SECTION 6. Section 10.44.010 [Disorderly Conduct] is hereby amended to read as
follows:
10.11.010 Disorderly conduct
A. No person shall withollt good calise, '",hile on the premises of a
drive in restaurant, drive in bank, drive in theater, drive in business,
public parking facility, or other public or private property where parking
or drive in facilities are offered or extended to public use, impede the
orderly movement of vehicles or pedestrian traffic.
SECTION 7. Sections 10.44.015 [Pedestrian Interference] is hereby amended to
read as follows:
10.11.015 Pedestrian Interference
1'.. No person shall block or interfere with, or attempt to block or
interfere with, any person along a public sidewalk or any area designed
or designated for pedestrian traffic, by any means, including but not
limited to standing, sitting or lying, on that part of the sidewalk or area
lIsed for pedestrian travel or placing any object or vehicle in such
sidewalk or area, with the intent to interfere .....ith free passage.
8. No person shall block or interfere with, or attempt to block or
interfere with, pedestrian or vehicular entrances to public or private
property abutting a public sidewalk '.\Iith the intent to interfere with the
free ingress to or egress from such property.
C. This section shall not apply to any acti'/ity othel\'1ise made lawful.
Page 4 of 16
SECTION 8. Section 10.46.020 [Camping Prohibited] and Section 10.46.030
[Sleeping on Benches] are hereby amended to read as follows:
10.46.020 Camping Prohibited
No person shall camp in or upon any sidewalk, street, alley, lane, public
right-of-way, park, or any other publicly-owned property or under any bridge
or viaduct, unless otherwise specifically authorized by this code, by the
owner of the property, or by emergency declaration under AMC 2.62.030.
CampinCl prohibited is a Class B violation.
10.46.030 Sleeping on Benches or 'Nithin Doorways Prohibited
A. No person shall sleep on public benches between the hours of 9:00 p.m.
and 8:00 a.m. SleepinCl on benches is a Class D violation.
B. No person shall sleep in any pedestrian or '.'ehiGular entram:e to
publiG or private property abutting a pubUG sidewalk.
SECTION 9. Section 10.46.050 [Penalties] is hereby amended to read as follows:
10.46.050 MitiClation of Penalties
I'.. Any person '/iolating seGtion 10.46.020 or 10.46.030 shall be guilty of
a violation as set ferth in Section 1.011.020.
B. Up to 411 hours of Gommunity service may be ordered by the Court
and such serviGe may inGlude Glean up of illegal Gampsites. The court
shall consider in mitigation of any punishment imposed upon a person
convicted of prohibited camping whether or not the person immediately
removed the campsite upon being cited. For purpose of this section, removal
of the campsite shall include all litter, including but not limited to bottles,
cans, garbage, rubbish and items of no apparent utility, deposited by the
person in and around the campsite. All litter in and around the campsite shall
be presumed to be deposited by the person convicted of prohibited camping.
Such presumption shall be rebuttable. however.
SECTION 10. Section 10.56.030 [Prohibited Uses of Fountains and Monuments] is
hereby amended to read as follows:
10.56.030 Prohibited Uses of Fountains and Monuments
A. No person shall climb, stand, lie or sit upon any public statue, monument
or decorative or drinking fountain except that a person may sit upon that
portion of any such monument or decorative fountain designed for sitting.
B. No person shall wash, bathe, shower, brush teeth or wash clothes or other
articles in any decorative or drinking fountain.
C. Prohibited uses of fountains and monuments is a Class A violation. '
SECTION 11. Section 10.60.020 [Injury to or removal of property] is hereby
amended to read as follows:
Page 5 of 16
10.60.020 Injury to or removal of property Horses prohibited
!'.. No person, '.vithout proper authority, shall cut, remove, deface, or in
any manner injure or damage real or personal property of the city
within or without the corporate limits
8. No person, without proper authority, shall wilfully deface, injure,
tamper with, break, or destroy any property, real or personal, belonging
to or under the control of another.
C. No person shall lead, drive, or ride a horse on public property, except
upon that portion of a street where vehicular traffic is authorized. Horses
prohibited is a Class B violation.
SECTION 12. Section 10.60.050 [Library Property- retention past due date
prohibited] and Section 10.60.060 [Violation Penalty] are hereby amended to read
as follows:
10.60.050 Library property - Retention past due date prohibited
No person shall wilfully or maliciously detain any book, newspaper,
magazine, pamphlet, or manuscript belonging to the public library for thirty
(30) days after notice in writing from the librarian of such library, given after
the expiration of time which by regulations of such library such book,
newspaper, magazine, pamphlet, phonograph record, or manuscript may be
kept. The notice shall bear upon its face a copy of this section and Section
10.60.060. Library property - retention past due date prohibited is a
Class D violation. NothinQ herein shall prohibit criminal prosecution
for theft under OreQon Law.
10.60.060 Violation Penalty
Any person violating any of the provisions of this chapter is guilty of an
infraction and shall be subject to the penalties set forth in Section
1.011.020.
SECTION 13. Section 10.64.030 [Penalty for Violation - Sidewalk obstruction] is
hereby amended to read as follows:
Any person who violates any provision of this Chapter shall be punished as
set forth in Section 1.08.020 of the Ashland Municipal Code. Sidewalk
obstruction is a Class A violation.
SECTION 14. Section 10.68.060 [Penalty for Violation - Sidewalk obstruction] is
hereby amended to read as follows:
Page 6 of 16
No one shall sell or offer for sale any article or perform or offer to perform
any service for hire in any of the parks without a written permit for such
concession properly and regularly granted by the Park Commission. No one
shall hawk or peddle popcorn, ice cream, candy, soda water, peanuts, or
similar wares within or on any of the park grounds of the city without first
securing a permit to do so from the Park Commission. Unpermitted
commercial activity is a Class A violation.
SECTION 15. Section 10.68.080 [Notices prohibited] is hereby amended to read as
follows:
10.68.080 Notices prohibited
No one shall erect on any pole or post or attach any notice, bill, poster, sign,
wire, rod or cord to any tree, shrub, fence railing, fountain, wall, post,
structure or other device of any kind whatever, on any of the bases, statues,
bridges, or monuments in any park without permission of the Park
Commission. Notices prohibited is a class D violation.
SECTION 16. Section 10.68.090 [Intoxicating Liquor prohibited] through Section
10.68.330 [sleeping prohibited] are hereby amended to read as follows:
10.68.090 Intoxicating liquor prohibited
It is unlawful for any person to take any intoxicating liquor or beverage into
any portion of the public parks of the city, except that:
A. Intoxicating liquor or beverages may be transported through the Lithia
Park extension area which is located between North Main Street and
Winburn Way and between Ashland Creek to the west and the Plaza to the
east.
B. This section and the prohibitions on the possession and use of intoxicating
liquor shall not apply to that portion of the park that is leased to the Oregon
Shakespeare Festival Association.
C. This section and the prohibitions on the provision and use of intoxicating
liquor shall not apply to the park property commonly known as Calle
Guanajuato only when such is served with prepared meals and with the
express approval of the Ashland Park and Recreation Commission and the
Oregon Liquor Control Commission.
D. 'ntoxicatinQ liquor prohibited is a class B violation.
10.68.100 Littering Prohibited
No one shall obstruct the free use and enjoyment of any park, or place any
Page 7 of 16
straw, dirt, chips, paper, shaving, shells, ashes, swill or garbage or other
rubbish even though not offensive to health in or upon any portion of the
Park. LitterinQ prohibited is a class B violation.
10.68.110 Injuring or defacing property prohibited
No one shall remove, destroy, break, injure, mutilate, or deface in any way,
any' structure, monument, statue, vase, fountain, wall, fence, railing, vehicle,
bench, tree, shrub, fern, plant, flower, or other property in the park. IniurinQ
or defacinQ property prohibited is a class B violation.
10.68.120 Park property - Prohibited uses
No one shall climb any tree, or walk, stand, or sit upon the monuments,
vases, fountains, railings, or fences in any park. Parks property-Prohibited
uses is a class C violation.
~.0,68. tqQJ!l!lli!!g,P.!Q!!.i.!&esU!lJ~!!~_~!l!!..c!..consiste!lJ~!I1~~!!!!!Ite)
,No game of chance or betting oMni kind will beperr:nitted withTnthe[:1arK
boundaries. BettinQ prohibited is a classB violation!
10.68.140 Firearms and explosives prohibited
No one shall use firearms, fireworks, firecrackers, torpedoes, or explosives of
any kind in any park. Firearms and explosives prohibited is a class A
violation.
10.68.150 Injuring wildlife prohibited
No one shall use any weapon, stick, stone, or missile of an kind to destroy,
injure, disturb or molest any wild or domestic animal, fowl, or fish within the
park limits. IniurinQ wildlife prohibited is a class A violation.
10.68.170 Park waters - Use
No one shall fish, wade, swim, or bathe in any of the parks except the places
designated for such purposes, except, however, that children of the age of
thirteen (13) years and under shall be permitted to fish within the present, or
hereinafter designated, boundaries of Lithia Park. Park waters-Use is a
class B violation.
10.68.180 Whistles prohibited
-ry'--"~,-.-__-~"--'--,,"-~;=~~~~:'--~~-:'~~":'l~'~'"0'
Except fbrsDorts officials arid coachesdurinq scheduled events, Vyisitors
shall not sound whistles in any of the parks. Whistles prohibited is a class
D violation.
Page 8 of 16
10.68.190 Park rules-Destruction of notice prohibited
No person shall injure, deface, or destroy any notice of rules and regulations
for the government of the parks, which shall have been posted or
permanently fixed by order or permission of the park commission.
Destruction of notice is a class A violation.
10.68.200 Animals
A. Dogs, except for seeing-eye dogs and dogs for the deaf, when in the
custody and control of a person legally blind or deaf, are not permitted in any
of the City Parks under any conditions except as provided in Section
9.16.030; and except that the Ashland Parks and Recreation Commission
may designate certain defined areas within such parks where dogs may be
allowed on a leash which conforms to the provisions of Section 9.16.040 of
this code.
B. Animals shall not be allowed to run at large, and if found within the park
limits, may be impounded.
C. No animals of any kind shall be allowed to enter any of the lakes, ponds,
fountains, or streams.
D. Owners of dogs or other animals, damaging or destroying park property,
will be held liable for the full value of the property damaged or destroyed, in
addition to the penalty imposed for violation of this chapter.
E. Animals reQulations are class D violations.
10.68.210 Vehicles - Use restricted
A. No one shall ride or drive any bicycle, motorcycle, motor vehicle, truck,
wagon, horse, or any vehicle or animal in any part of the parks, except on the
regular drives designated therefor; provided, that baby carriages, invalid
chairs, and such vehicles as are used in the park service are not included in
the foregoing prohibition. No one shall ride or be upon any skateboard in any
part of Lithia Park.
B. No one shall drive any hearse, vehicle in a funeral procession, market
wagon, milk wagon, dirt cart, moving van, dray, truck, heavy-laden vehicle, or
vehicles carrying or ordinarily used in carrying merchandise goods, tools,
material, or rubbish, except such as are used in the park service, over any
drive or boulevard in any of the parks; provided, however, the park
commission may in its discretion grant permission in writing for vehicles to
carry materials over the park drives or boulevards to buildings abutting on
parks, when no other road, street, or way is accessible or passable.
Page 9 of 16
C. Vehicles shall be driven with great caution and at a reasonable speed,
having regard for the traffic, the safety of the public, and use of the parks.
The speed on any of the public driveways in the parks of the City shall not
exceed fifteen (15) miles per hour.
D. No one shall hitch horses or other animals to any tree, shrub, fence,
railing, or other structure, except such as are provided for such purpose, or
allow horses or other animals to stand unhitched while the driver or attendant
is beyond reach of such horse or other animal.
rw--'--"'~'~'~:--'l
E. Vehicles-Use restricted reQulations are class C violations.
10.68.220 Emergency vacation
In case of emergency, or in any case where life and property are
endangered, all persons, if requested to do so by the superintendent or other
park employee, shall depart from the portion of the grounds specified by such
officer or employee, and shall remain off the same until permission is given to
return. Failure to obey an lawful order to evacuate due to an emerQency
is a class A violation.
10.68.230 Sleeping prohibited
No person shall sleep on the seats or benshes in any park at any time.
No person shall sleep or samp any place within the boundaries of any park,
including public roads, between the hours of nine (9:00) p.m. and eight (8:00)
a.m. SleepinQ prohibited is a class D violation.
10.68.240 Comfort stations
No male person other than a child with its mother, or a park employee in the
discharge of such employees regular duties, shall enter a public comfort
station marked "women," or loiter about the .entrance of such comfort
stations. Comfort stations is a class D violation.
10.68.250 "No admittance" Qr:.ureserved~1 sign-Compliance
No person shall enter any building, enclosure, or place within any of the
parks upon which the words "No Admittance" 0r"Reserved'\ shall be
displayed or posted by sign, placard, or otherwise, without the consent of the
superintendent or other officer of the parks. Violation of noadmittance is a
class A violation; iJfOfaiiOilOfreSerVedis aClclssB viohltiorf!
10.68.260 Swings - Hammocks
Page 10 of 16
No swings or hammocks shall be hung or swung in any of the parks, except
on the posts erected for the purpose. SwinCls-Hammocks is a class D
violation.
10.68.270 Fires
No person shall build any fire at any place within the limits of any park except
by an employee of the park commission or in an area designated by the park
commission for picnic fires. Fires outside desiClnated areas is a class B
violation\. When Fire Restrictions are in place violation is a Class A
Violation.!
10.68.280 Permit - Inspection
Any person claiming to have a permit from the park commission shall
produce and exhibit such permit upon request of any authorized person who
may desire to inspect the same. Permit-Inspection is a class D violation.
10.68.290 Permit - Conditions
All permits issued by the park commission shall be subject to the city
ordinances and the persons to whom such permits are issued shall be bound
by said rules, regulations, and ordinances as fully as though the same were
inserted in such permits, and any person or persons to whom such permits
shall be issued shall be liable for any loss, damage, or injury sustained by
any person whatever by reason of the negligence of the person or persons to
whom such permits shall be issued, as well as for any breach of such rules,
regulations, and ordinances, to the person or persons so suffering damages
or injury. When not otherwise specified in the Code. violation of permit-
conditions is a class B violation.
10.68.300 Barriers - Compliance
No person shall ride, drive, or walk on such parts or portions of the parks or
pavements as may be closed to public travel or interfere with barriers erected
against the public. Barriers-Compliance is a class C violation.
10.68.310 Park officers - Obedience required
No person shall refuse a request to obey any reasonable direction of the park
officers or employees. Failure to complv is a class C violation.
10.68.320 Park officers Interference with prohibited
Nothing contained herein shall prevent the performance of any act or service
Page 11 of 16
by the park officers or employees which has been duly authorized by the
park commission in charge.
~-,~~~---:~~."~,.,
110.68.330 CainpinQSleel'lJ!!gj~rohibited
NOj:l:rsgn shalrcal11P \\Iithir th: parklimit~.wi~~inthecit}'of Ashland)
bron the park side'of allY street;adJacellt to the Rarks~LProhibitecr---
barnpinQ. isa c1ass,C violation!
SECTION 17. Section 10.68.370 [Parking Limitations] is hereby amended to read
as follows:
11.0.68;37,0 ParkingJ.!!!!.lli!!.lQ!I!
Nopersbnshailpark or permit to remain parked any motorvehicl~
~hiCh b~ars,arnotor hgrnepr c,amper Ijcense gn any s,~reetwi!hin,o';2ri
~hepark-side of any street adjacent to the parks of this city, between~
~hehours of2:00 A,M. and 6:00AM. Itshall be:rebuttalpresume~:that
anyvehicleparkedcontrary to the provisions ofthis section was
'parked by the registeredownerthereot'f'ParkiIlQ aCaiTiperisac~C
violation!
SECTION 18. Section 10.68.380 [Curfew] is hereby amended to read as follows:
10.68.380 Curfew
Except for Police, Fire and Park Department employees on official business
no one shall be in Lithia Park between the hours of 11 :30 P.M. and 5:30 A.M.
Curfew is a class D violation; . NothinQin this provision prohibits
citation for trespassunoerstate law!
SECTION 19. Section 10.72.010 [Theft -Stolen Property] through Section
10.72.020 [Petty Theft] are hereby amended to read as follows:
10.72 Theft
. 10.72.010 StoleR property
No persim shall buy, reGeive, GORGeal, or attempt to buy property that is
known or should be kno'....n to SUGh person to have been stoleR.
10.72.020 Petty theft
No person shall take or Garry away property of value not to exceed t\\"o
hundred dollars ($200.00) which is the property of another with the
intent to deprive SUGh other of such property permanently.
Page 12 of 16
SECTION 20. Section 10.88.010. [Miscellaneous Offenses by or against Minors -
Minors generally] through Section 10.88.050 [Children Confined n Vehicles] are
hereby amended to read as follows:
10.88 Miscellaneous Offenses by or Against Minors
10.88.010 Minors generally
A. No person shall purchase property or an article of value from a
minor or have dealings respecting the title of property in the
possession of a minor 'Nithout the ...:ritten consent of the parent or
guardian of the minor.
10:88.020 Tobacco sales to and consumption by minors
^. No person shall sell, barter, trade, gi'.'e, or in any manner furnish to a
minor under the age of eighteen (18) years, for the consumption of
such minor, any tobacco, cigars, or cigarettes in any form, or any
compound in which tobacco forms a component part:
8. No minor under the age of eighteen (18) year shall smoke, use, or
have in such minor's possession a cigar, cigarette, or tobacco in any
f-orm in a public place. No proprietor, clerk, assistant, or employee of a
place of business shall permit a minor under the age of eighteen (18)
years to frequent the place of business while the minor is using or
smoking a cigar, cigarette, or tobacco in any f<lrm.
10.88.010 Minors misrepresenting age
No person shall falsely represent his!her age in order to obtain cigars,
cigarettes, or tobacco.
10.88.050 Children confined in vehicles
^. ^ person having custody or control of a child under 10 years of age
commits an infraction if the person leaves the child unattended in any
',ehicle where the circumstances indicate that the person knew or
should have known that there was a likelihood of danger to the health
or welfare of the child or others.
8. It shall be la'tlful for a police officer finding a child confined in
'/iolation of this section to enter the vehicle and remove the child using
such force as is reasonably necessary to effect an entrance to the
'/ehicle. The Judge in the trial of this offense shall have discretion to
order the Police Department to pay for the damages to the vehicle if the
Judge believes that such payment .....ould be fair, just and equitable.
Page 13 of 16
SECTION 21. Section 10.90.010. [Penalties] through Section 10.90.030 [Separate
Violations] are hereby amended to read as follows:
10.90 Penalties
10.90.030 Penalties
Any person violating this section shall be guilty of a misdemeanor as
set forth in Section 1.08.010.
10.90.010 Penalties
Except as otherwise noted, any person violating this title is guilty of an
infraction and shall be subject to the penalties set forth in Section
1.08.020
10.90,020 Working prisoners
In any con',iction for violation of this title or any ordinance of the city
where the penalty fixed by the court is confinement in the city jail for
any term, the court additionally may order that the convicted person,
during the term of confinement, labor upon the streets or public works
of the city under the direction of the proper authorities,
10.90.030 Separate ',iolations
Each violation of a pro,..ision of this title constitutes a separate offense.
be fair, just and equitable.
SECTION 22, Section 10.92.020. [Discharging Weapons] is hereby amended to
read as follows:
10.92.020 Discharging weapons
A. No person other than an authorized peace officer shall fire or discharge a
firearm, or gun, including spring or air-actuated pellet guns, air guns, or BB
guns, or other weapons which propel a projectile by use of gunpowder or
other explosive, jet, or rocket propulsion, without the consent of the Chief of
Police.
B. The provisions of this section shall not be construed to prohibit the firing or
discharging of a weapon by a person in the defense or protection of such
person~s property, person, or family.
C. DischarQinQ weapons is a Class A misdemeanor if the weapon
discharQed constitutes a firearm under OreQon law. DischarQinQ
weapons is a Class A violation if the weapon discharQed is not a
firearm under OreQon law.
Page 14 of 16
SECTION 23. Section 10.100.010. [Social Gambling] is hereby amended to read
as follows:
10.100.010 Social gambling
Social gambling and social games as defined in ORS 167.117 are hereby
permitted in charitable, fraternal and religious organizations. Unpermitted
social QamblinQ is a class B violation.
SECTION 24. Section 10.110.070. [Fair Housing - Penalties] is hereby amended
to read as follows:
10.110.070 Penalties
Any person violating or causing the violation of any provision of this
ordinance has committed an infraction a Class A violation, and, upon
conviction thereof, is punishable as prescribed in Section 1.08.020 of the
Ashland Municipal Code. Such person is guilty of a separate violation for
each and every day the violation continues.
SECTION 25. Section 10.115.080. [10.115 Tenant Rights in Conversion of
Existing Multi-Family Rental Units For-Purchase Housing - Penalties] is hereby
amended to read as follows:
10.115.080 Penalties
A. It shall be unlawful and a violation punishable under AMC 1.08.020 for a
declarant, of a multi-family residential building to fail to strictly comply with, or
violate the notice, relocation assistance, right to purchase, or prohibited
actions provisions of this Chapter. For purposes of this chapter, the term
declarant includes the owner of the multi-family building, regardless of the
form of ownership, as well as declarant's authorized agents and contractors.
B. A violation of any provision of this Chapter shall be a Class A
violation. The minimum fine for violation of any provision of this Chapter
shall be $500.00 for each unit affected, excluding any required state and
local assessments.
SECTION 26. Severability. If any section, proVISion, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses or paragraphs of this Ordinance which can be given
effect without the invalid provision or application, and to this end the provisions of
this Ordinance are declared to be severable.
Page 15 of 16
SECTION 27 Savings, Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and
effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative, This section simply clarifies the
existing situation that nothing in this Ordinance affects the validity of prosecutions or
applications commenced and continued under the laws in effect at the time the
. matters were originally filed,
SECTION 28 Codification. Provisions of this Ordinance shall be
incorporated in the Ashland Municipal 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, and typographical errors and
cross references may be corrected by the City Recorder, provided however that
Sections 26 thru 28, unincorporated Whereas clauses and boilerplate provisions
need not be codified,
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 ,2010,
and duly PASSED and ADOPTED this day of ,2010,
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010,
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 16 of 16
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 11 Relating to Classification of Offenses
Meeting Date: January 19, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E.Mail: appicelr@ashland,oLus
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benn Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter II to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for
February 2,2010,
Background:
The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B: $360; (3)Class C:
$180; (4)Class D $90, The Chapter contains the following recommended classifications:
Chapter 11
Vehicles and Traffic
AMC Title Class
11.16,090 Boarding or alighting from vehicles B
11.16,110 Unlawful riding B
11.16,120 Clinging to Vehicles B
11.16,140 Skis on streets D
11.16,150 A, Damaging sidewalks and curbs A
C
11.16,170 Failure to remove glass and debris D
11,20,040 Private Marking A
11,28,20 Tire Markings D
11,28,20 Tire Markings D
11.32,040 Abandoned Vehicles Penalty B
11.40,010 Parade ,permit required D
11.40,040 Driving through procession D
11.44.005 Use of sidewalks D
11.44,0 I 0 Illegal cancellation of a Traffic Citation A
11.44,020 Crossing at right angles D
11.44,030 Crosswalk, Use required D
11,52,030 A, Regulations: Riding D
11,52,030 B, Regulations: Racing D
11,52,030 C, Regulations: Method of riding D
11.52,030 D Regulations: Carrying articles D
11,52,030 F Regulations: Speed on bicycle routes D
Pa~e I of2
ral'
CITY OF
ASHLAND
11,52,030 G Regulations: Riding abreast D
11,52,030 H Regulations: Hitching on vehicles B
11,52,030 I Regulations: Parking D
I 1,52,050 Responsibility of Parent or Guardian C
I 1,52,060 Failure to Report Accidents B
11.52,070 Bicycle License Required D
11,54 Skateboard Regulations D
11.60,040 Truck Rules D
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 February 2,2010,
(2) Postpone First Reading to a date certain,
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for February 2,
2010,
Attachments:
Proposed ordinance
Page 2 of2
~~,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 11, VEHICLES AND TRAFFIC, AND REMOVING
UNNECE~SARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified,
Deletions are bold 10M..! .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);
WHEREAS, AMC Chapter 1,08 is being amended to establish classes of offenses
for City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1,08 designates all violation level offenses as Class B,
, unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 11,16,010 [Speed limits - Public parks] through 11,16,190
[Emergency Vehicle] are hereby amended to read as follows:
11.16.010 Speed limits PubliG parks
No person sholl drive a vehicle upon a streot in a public pork at a speed
exceeding fifteen (15) miles per hour unloss signs erected indicate otherwise,
11.16.020 Driving under the influenGe Penalty
No person while being under the influenGe of intoxiGating liquor,
barbiturates, or narGotiG drugs shall driye a ...ehiGle upon a street or
Page 1 of 13
public property. ^ person violating this section is, upon conviction
thereof, punishable as prescribed in Section 1.0R.01 O.
11.16.030 Reckless driving
No person shall drive a vehicle upon a street or public property
carelessly ami heedlessly in wilful or wanton disregard of the rights or
safety of others. .'\. person violating this section is, upon conviction
thereof, punishable as prescribed in Section 1.0R.01 O.
11.16.010 U turns
-
1'.. No person operating a motor vehicle shall make a U turn between
street intersections or at intersections 'I.-here "No U Turn" signs have
been posted.
B. No person shall back a vehicle into an intersection or an alley for the
purpose of making a U turn at those places where U turns are
prohibited.
11.16.050 Vehicles in motion Right of way
^ vehicle which has stopped or parked at the curb shall yield to moving
traffic.
11.16.060 Limitations on backing
The dri'ler of a ',ehicle shall not back the vehicle unless the mO'lement
can be made ',vith reasonable safety and '.\lith out interfering with other
traffic and &;hall in every case yield the right of way to moving traffic
and pedestrians.
11.16.0l0 Driving on divided streets
If a street has been di'lided into tv/o (2) roadways by leaving an
intervening space or by a physical barrier or clearly indicated dh-iding
section so constructed as to impede vehicular traffic, a ',-ehicle shall be
driven only upon the right hand roadlJ/ay and no vehicle shall be driven
over, across, or within the dividing space, barrier, or section, except
through an opening in the physical barrier or dividing section or space
provided fer vehicle mO'/ement or at an intersection.
11.16.0RO Emerging from vehicle
No person shall open the door of or enter or emerge from a ':ehicle in
the path of an approaching vehicle.
Page 2 of 13
11.16.090 Boarding or alighting from vehicles
No person shall board or alight from a vehicle while the vehicle is in motion,
BoardinQ or aliQhtinQ from vehicles is a Class B violation.
11.16.100 Riding on motorcycles
1\ person operating a motorcycle shall ride only upon the permanent
and regular seat attached thereto, and the operator shall not carry
another person nor shall another person ride on a motorcycle unless
the motorcycle is equipped to carry more than one person, in which
e'/ent a passenger may ride upon the permanent and regular seat if
equipped for two (2) persons, or upon another seat firmly attached at
the rear of the seat for the operator.
11.16.110 Unlawful riding
No person shall ride on a vehicle upon any portion thereof not designed or
intended for the use of passengers, This provision shall not apply to an
employee engaged in the necessary discharge of a duty. or to a person or
persons riding within truck bodies in space intended for merchandise,
Unlawful ridinQ is a Class B violation.
11.16.120 Clinging to Vehicles
No person riding upon a bicycle, motorcycle, coaster, roller skates, sled, or
toy vehicle shall attach the same or himself to a moving vehicle upon the
streets, ClinQinQ to vehicles is a Class B violation.
11.16.140 Skis on streets
No person shall use the streets for traveling on skis, toboggans, sleds or
similar devices except upon play streets, Skis on streets is a Class D
violation.
11.16.150 Damaging sidewalks and curbs
A. The driver of a vehicle shall not drive upon or within a sidewalk or parkway
area except to cross at a permanent or temporary driveway.
8, No person shall place dirt, wood, or other material in the gutter or space
next to the curb of a street with the intention of using it as a driveway.
C, No person shall remove or damage a portion of a curb or move a heavy
vehicle or thing over or upon a curb or sidewalk without first notifying the City
Page 3 of 13
Administrator. ^ person who '/iolates this section shall be held
responsible f.or all damage in addition to any penalties imposed upon
conviction.
D. Damaaina sidewalks and curbs is a Class A violation. In addition to
anv penalties imposed, the court shall order pavment of restitution.
11.16.170 Remlwing Failure to remove glass and debris
A party to a collision or other vehicular accident or any other person causing
broken glass or other debris to be upon a street shall immediately remove or
cause to be removed from the street all glass and other debris, Failure to
remove alass and debris is a Class D violation.
11.16.190 Emergency vehicle
Tho provisions of this title regulClting the opor3tion, pClrking, Clnd stClnding of
vehicles shClII Clpply to Cluthorized emergency vehicles except os pnJ'lided by
the motor vehicle lows of Oregen ond os follows:
II" .^. driver when operoting the vehicle in on emergency, except when
otherv:iw directed by 0 police officer or other outhorized person, moy pork or
stond notwithstanding this title;
B, ^ driver of 0 police vehicle, fire deportment vehicle, or patrol vehicle when
oporoting the vehicle in on emergency may disregard regulations governing
turning in specified directions os long LIS such ootion does not endanger life
or property;
C, The foregoing exemptions sholl not, however, protect the driver of the'
vehicle from the consequences of negligent octs.
SECTION 2. Sections 11,20,010 [Signs and Signals - Obedience Required]
through 11,20,040 [Private Marking Unlawful] are hereby amended to read as
follows:
11.20 Signs and Signals
11.20.010 Signs and Signals Obedience Required
A. No dri'Jer of a ',ehicle shall disobey the instructions of a traffic sign,
signal, marker, barrier, or parking meter placed in accordance 'Nith the
motor ':ehicle laws of Oregon or this Title, including those erected by
an authorized public utility, department of the City, or other authorized
person, unless it is necessary to a\'oid conflict .....ith other traffic or
when otherwise directed by a police officer.
Page 4 of 13
8. No unauthorized person shall move, remove, deface, tamper with, or
alter the position of a traffic sign, signal, marker, barrier, or parking
meter.
11.20.020 Vehicles Stopping at Stop Signs
When stop signs are ereGted at or near the entrance to an intersection,
the driver of a vehicle approaching the sign shall come to a full stop
before entering a crosswalk or intersection, except when direGted to
proceed by a poliGe officer or traffic Gontrol signal.
11.20.0:10 Stop When Traffic Obstructed
No driver shall enter an intersection or a marked Grossy/ark unless
there is suffiGient space on the opposite side of the intersection or
crosswalk to accommodate the vehiGle without obstruGting the passage
of other '.'ehicles or pedestrians, nonvithstanding traff1c control signal
indication to proceed.
11,20,040 Private Marking Unlawful
No person shall letter, mark, or paint in any manner letters, marks, or signs
on a sidewalk, curb, street, or alley, or post on a parking strip anything
designed or intended to prohibit or restrict parking in front of a sidewalk,
dwelling house, business house, or in any alley, except in compliance with
this Title, Street name signs designating privately owned streets, alleys, or
driveways, may only be erected if authorized by the City Council. Location,
graphics, color, materials, and height shall be to City standards as approved
by the Director of Public Works, The Director of Public Works may allow
painting of yellow curbs designating no parking zones at private driveways to
standards established by the Director of Public Works, A permit must be
obtained from the Department of Public Works prior to installation of said
yellow curb, The property owner to whom the permit is issued is responsible
for maintaining the yellow curb in good and visible condition, Private
Markinq a Class A violation.
11.24.0ao Lights on parked vehicle
No lights need be displayed upon a vehicle parked in accordance with
this chapter or parked upon a street where there is sufficient light to
reveal a person or object upon the street within a distance of five
hundred (500) feet.
SECTION 3. Section 11.28,020 [Tire Markings] is hereby amended to read as
follows:
Page 5 of 13
11.28.020 Tire Markings
No person shall obliterate or conceal any marking by a police officer code
compliance or parkinq office of the tire of a vehicle for the purpose of
preventing the police officer from determining the length of time that said
vehicle has been parked. Tire markinqs is a Class D violation.
SECTION 4. Section 11,32,040 [Penalty] regarding 11,32 [Abandoned Vehicles] is
hereby amended to read as follows:
11.32.040 Penalty
Violation of this chapter is a Class 8 violation. punishable in accordance
with AMC 1,08,020,
SECTION 5. Section 11.40,010 [Parade - Permit required] is hereby amended to
read as follows:
11.40.010 Parade Permit permit required
No procession or parade, except a funeral procession or military parade,
shall occupy, march, or proceed along a street except in accordance with a
permit issued by the Chief of Police and approved by the City Administrator,
The permit may be granted where it is found that such parade is not to be
held for any unlawful purpose and will not in any manner tend to a breach of
the peace, unreasonably interfere with the peace and quiet of the inhabitants
of the City, or cause damage to or unreasonably interfere with the public use
of the streets, Parade permit required is a Class D violation.
SECTION 6. Section 11.40,040 [Driving through procession] is hereby amended to
read as follows:
11.40.040 Driving through procession
No driver of a vehicle other than an authorized emergency vehicle shall drive
between the vehicles comprising a funeral or other authorized procession
while in motion except where traffic is controlled by traffic control signals or
when otherwise directed by a police officer. Drivinq throuah procession is
a Class D violation.
SECTION 7. Sections 11.44,010 [Use of sidewalks] through 11.44.030 [Warrant]
are hereby amended to read as follows:
11.44.005 OW Use of sidewalks
Page 6 of 13
Pedestrians shall not use a roadway for travel when abutting sidewalks are
available for doing so, Use of sidewalks is a Class D violation.
11.44.010 Traffic Citation Illegal cancellation of a Traffic Citation
No person shall cancel or solicit the cancellation of a traffic citation without
the approval of the municipal judge, lIIeClal cancellation of a traffic citation
is a Class A violation.
11.44.020 Crossing at right angles
No pedestrian shall cross a street at any place other than by a route at right
angles to the curb or by the shortest route to the opposite curb except in a
marked crosswalk, CrossinCl at riClht anClles is a Class D violation.
11.44.020 Citation
For the violation of this title, except Chapters 11.28, 11.32 and 11.52, a
police officer may issue a citation .....hich shall be in the nature of a
notice to appear at a time and place certain, as required by law. If a
person fails to comply with the terms of the citation, the Chief of Police
may send to the person, or the owner of the motor vehicle, a letter
informing the person, or the owner, of the violation with a warning that
if the letter is disregarded for a period of ten (10j days a warrant of
arrest will be issued.
11.44.025 'Narnings and Citations by Code Enf.orcement Officer and
Community Service Officer
1. The code enforcement officer or community service officer may
issue a warning notice for any violation of this code which is
punishable as an infraction. 'Naming notices shall gi'Je a brief
desGription of the violation, the name of the city department amI
employee to contact regarding the violation, the name of the person
issuing the warning notice, the date the warning was isslJed, and a
statement that faillJre to correct the alleged violation or to contact
the named department may result in isslJance of a citation to the
mlJnicipal COlJrt. The '....arning notice shall be served upon the
person accused of the violation.
2. The code enforcement officer and commlJnity sen:ice officer are
alJthorized to enforce, and to isslJe a citation for, any violation of
this code which is plJnishable as an infraction. The citation and
service of the citation shall conform to the requirements of ORS
153.110 to 153.310.
Page 7 of 13
11.44.030 Crosswalk --Use use required
In blocks with marked crosswalks, no pedestrian shall cross a street other
than within a crosswalk, Crosswalk use reQuired is a Class D violation.
11.44.030 Warrant
If a person fails to comply If.'itl1 tile terms of a traffic citation, tile Chief
of Police sl1all f.ortl1witl1 seClue amll1ave served a warrant for tile arrest
of the person.
SECTION 8. Sections 11.52,020 [Equipment] through 11,52,070 [Bicycle License
Required] are hereby amended to read as follows:
11.52.020 Equipment
Tile follo'.ving equipment is required on all bicycles and it is unlawful to
operate a bicycle without its having sucl1 equipment:
/I.. Brakes. Brakes adequate to control tile movement of and to stop and
110ld sucl1 bicycle.
B. Lights. No bicycle shall be permitted on any bicycle route, lane,
street, or any other higtl'.'"ay between thirty (30) minutes after sunset
and tl1irty (30) minutes bef.ore sunrise without a clear, wl1ite ligl1t yisible
under normal atmospheric conditions from tile front for not less than
fi'le hundred (500) feet, indicating the approach or presence of the
bicycle, and also a red light or reflector mirror visible for three hundred
(300) feet from the rear; said lights, or reflectors, must be attached to
the bicycle or, in the alternative, an arm light may be used which may
be placed on either the arm or leg of the bicycle rider.
C. Audible Signaling Device. 1'. bicycle rider using any sidewalk must
make an audible signal to 'I1arn pedestrians they are approaching from
the rear, and at a distance to allow the pedestrian to move to the right
in order to allo'.... passage of the bicyclist on the left of the pedestrian.
11.52.030 Regulations
A. Ridinq on sidewalks in the Central Business District. No person
shall ride or operate a bicycle on a sidewalk in the central business
district or commercial zone. RidinQ on sidewalks in the Central
Business District is a Class D violation.
Page 8 of 13
B, Racinq, No person shall engage in, or cause others to engage in, a
bicycle race upon the streets or any other public property of this City
without permission of the Chief of Police, Major races'involving
closure or restructuring of city streets must be presented to the City
Council through the Chief of Police, RacinQ is a Class D violation.
C, Method of Ridinq, A person shall not ride a bicycle other than with
their feet on the pedals and facing the front of the bicycle, No bicycle
shall carry more persons at one time than the number for which it is
equipped, Method of ridinQ is a Class D violation,
0, Carrvinq Articles, No person operating a bicycle shall carry any
packages, bundles, or articles which prevent the rider from keeping at
least one (1) hand upon the handlebars and in full control of said
bicycle, CarrvinQ articles is a Class D violation.
E, Traffic Requlations, The use of a bicycle in the City shall be subject
to all of the provisions or laws of the State and the laws of the City,
including those applicable to the drivers of motor vehicles, except as
to the latter, those provisions that by their very nature have no
application,
F, Speed on Bicvcle Routes, No bicycle shall be ridden on a bicycle
route at a speed greater than reasonable and prudent for the
circumstances when approaching a pedestrian, Speed on bicvcle
routes is a Class D violation.
G, Ridinq Abreast. No person shall ride a bicycle upon any street,
highway, bicycle route or lane in the City abreast, or side-by-side of
any other person so riding or propelling a bicycle when it interferes or
impedes the normal and reasonable movement of traffic or
pedestrians, RidinQ abreast is a Class D violation.
H, Hitchinq on Vehicles. No person, while riding a bicycle shall in any
way attaches themselves or the bicycle to any other moving vehicle,
HitchinQ on vehicles is a Class B violation.
I. TakinQ or UsinQ Without Permission. No person shall take or
use any bicycle without the consent of the o'....ner.
J. RidinQ '.''''hile Intoxicated. It is unlawful for any person to
operate a bicycle on any street, highway, bicycle lane or route of
the City while under the influence of any intoxicants.
K, Bicvcle Parkinq. No person shall park a bicycle upon a street,
other than in the roadway and against the curb, or against a lamppost
Page 9 of 13
designated for bicycle parking, or in a rack provided for the purpose of
supporting bicycles, or on the curb in a manner so as to afford the
least obstruction to pedestrian traffic, Bicycle parkinQ is a Class D
yiolation,
,J. Bicycle Impoundment. In addition to any other penalty, the
court may order impoundment of a bicycle used in an offense
committed under this chapter until such time as may appear iust
and reasonable.
11.52.010 Right of Way
The operator of a bicycle emerging from an alley, driveway, bicycle lane
or route, building or otherwise approaching on a sidewalk, and upon
entering the road'Nay, shall yield the right of way to all vehicles or
bicycles approaching on such roadway that are so close as to
constitute an immediate hazard.
11.52.050 Responsibility of Parent or Guardian
The parent or guardian of any child shall not authorize or knowingly permit
any child to violate any of the provisions of this Chapter, Violation of this
section is a class C violation.
11.52.060 Failure to Report Accidents
The operator of any bicycle involved in an accident resulting in injury, death,
or damage to personal property shall within seventy,two (72) hours file a
written report of such accident with the Police Department. Failure to report
accidents is a Class B violation.
11.52.070 Bicycle License Required
No persons shall operate a bicycle upon the streets, lanes or routes of the
City unless such bicycle has been licensed as' provided for in this Chapter. A
non,resident who has complied with the bicycle registration provisions of the
city or county in which they are a resident may operate a bicycle without
having first acquired an Ashland bicycle license, Bicycle license required
is a Class D violation. In addition to any other penalty, the court may
order impoundment of a bicycle used in an offense until such time as
may appear iust and reasonable.
SECTION 9.. Section 11.52,110 [Penalties] regarding 11,52 [Bicycles] is hereby
amended to read as follows:
11.52.110 Penalties
Page 10 of 13
1'.. Any person who violates any of the pro'/isions of this Chapter is,
upon conviction thereof, punishable as prescribed in Section
1.011.020. '
B. Upon conviction, the court may, in addition to any other penalty,
order that the bicycle that .....as used at the time of the offense be
impounded until such time as may appear just and reasonable.
SECTION 10. Sections 11,54,040 [Penalties] through 11,54,050 [Enhanced
Penalties in Downtown Area] regarding 11,54 [Skateboards] are hereby amended to
read as follows:
11.54.040 Penalties
Upon the first conviction for a violation under this chapter. the person
shall be punished by a fine of $25.00. Except as provided in section
11.li4.050,-~ A. All subseQuent violations of this chapter are Class D
violations. In addition to any other penalty, the court may order
impoundment of a skateboard used in an offense until such time as
may appear iust and reasonable.
Any person ...:ho violates any of the provisions of this, chapter is, upon
conviction, punishable as prescribed in Section 1.011.020.
8. Upon conviction, the court may, in addition to any other penalty,
order that the skateboard that was used at the time of the offense be
impounded until such time as may appear just and reasonable.
11.54.050 Enhanced Penalties in Downtown Area
Any person who violates any of the pro'/isions of this chapter in the
downtown area defined in section 11.52.020.8.1 is, upon conviction,
punishable as follows:
a. First offense. Upon the first conviction for a violation under this
chapter, the person shall be punished by a fine of $25.00 (to include all
costs and assessments). This fine shall not be suspended or deferred,
but the court may authorize community service in lieu of all or part of
this fine.
b. Second offense. E'/e!)' person who is cow/icted of a violation of this
chapter for a second time within a five year period shall be punished by
a fine not less than $liO nor mor.e than $250. Fifty dollars of the fine
shall not be suspended or deferred, but the court may authorize
community service in lieu of all or part of this fine. In addition, the court
may order forfeiture of a skateboard which was ridden in violation of
Page 11 of 13
this chapter, unless it is pro'/en to the court by a preponderance of the
e',idence that the def~ndant is not the owner of the skateboard and the
o'..mer did not or could not ha\'e reasonably known that the skateboard
'",ould be ridden in violation of this chapter.
c. Third or subsequent offense. Every person who ','iolates this chapter
a third or more times within a fiyeDyear period shall be punishable by a
fine of not less than $100.00 nor more than $500.00. One hundred
dollars of the fine shall not be suspended or deferred, but the court
may authorize community service in lieu of all or part of the fine. Upon
conviction of a third or subsequent ...iolation of this chapter within a
fiyenyear period, the court may order forfeiture of a skateboa'rd .....hich
was ridden in yiolation of this chapter, unless it is prayen to the court
by a preponderance of the eyidence that the defendant is not the owner
of the skateboard and the owner did not or could not ha'/e reasonably
known that the skateboard 'f..ould be ridden in violation of this chapter.
SECTION 11. Section 11,60,040 [Penalties] regarding 11,60 [Truck Routes] is
hereby amended to read as follows:
11.60.040 Penalties
Any violation of this chapter is a Class D violation. Any person, firm or
corporation which yiolates any pro\'ision of this Chapter is guilty of an
infraction and shall be subject to the penalties set forth in Section
1.011.020.
SECTION 12, Severability. If any section, proVISion, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses or paragraphs of this Ordinance which can be given
effect without the invalid provision or application, and to this end the provisions of
this Ordinance are declared to be severable,
SECTION 13 Savings, Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and
effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative, This section simply clarifies the
existing situation that nothing in this Ordinance affects the validity of prosecutions or
applications commenced and continued under the laws in effect at the time the
matters were originally filed,
SECTION 14 Codification. Provisions of this Ordinance shall be
incorporated in the Ashland Municipal Code and the word "ordinance" may be
changed to "code", "article", "section", "chapter' or another word, and the sections of
Page 12 of 13
this Ordinance may be renumbered, or re,lettered, and typographical errors and
cross references may be corrected by the City Recorder, provided however that
Sections 12 thru 14, unincorporated Whereas clauses and boilerplate provisions
need not be codified,
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 , 2010,
and duly PASSED and ADOPTED this day of ,2010,
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010,
John Stromberg, Mayor
Reviewed as to form:
Richard Appicelio, City Attorney
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