HomeMy WebLinkAbout2010-0208 Contd Council Mtg PACKET C I T Y O F
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 8, 2010
51 Winburn Way Siskiyou Room
7:00 p.m. Continued Regular Meeting of February 2, 2010
I. CALL TO ORDER
ROLL CALL
II. NEW AND MISCELLANEOUS BUSINESS
1. Will Council approve the FY11 Capital Improvement Program (CIP) project list, the overall
FY11 -16 CIP in Concept, and the FY11 Capital Equipment Plan? [30 Minutes]
2. Will Council approve a resolution revising operating Ending Fund Balance (EFB) targets for
certain funds and authorize budgeting increased Contingencies in certain funds? [15 Minutes]
III. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council approve Second 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 [10 Minutes]
2. Should the Council approve Second Reading of an Ordinance providing for uniform policies
and operating 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 conceming 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 conceming 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 conceming 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 conceming the classification of offenses, and move the ordinance on to Second
Reading? [10 Minutes]
7. Should the Council approve First Reading of an Ordinance that amends the Living Wage
ordinance by defining "twelve month period" and clarifying that the City does not require
retroactive payments? [10 Minutes]
IV. 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 will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102- 35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
CITY O F
ASH LAN D
Council Communication
Capital Improvements Program
Approval of the FY11 CIP Project List and FY11 -16 CIP in Concept
Meeting Date: February 2, 2010 Primary Staff Contact: Michael R. Faught
Department: Public Works E -Mail: faughtm @ashland.or.us
Secondary Dept.: Finance Secondary Contact: James Olson
Approval: Martha Bennett Estimated Time: 30 Minutes
Question:
Will Council approve the FY11 Capital Improvement Program (CIP) project list, the Overall FY11 -16
CIP Program in Concept, and the FY11 Capital Equipment Plan?
Staff Recommendation:
Staff recommends that Council take three affirmative actions
Approve the proposed FYI I Projects for Budget Purposes
Approve the FYI 1 Capital Equipment Plan
Approve the FY11 -16 Overall CIP for Planning Purposes
Background:
This council communication outlines a proposed six -year Capital Improvement Program and requests
that the Council approve the FY11 Projects and FY11 Capital Equipment Purchase Plan in order to
complete the draft FY11 Budget, and to approve the proposed FY11 -16 CIP for Planning Purposes.
The six -year CIP represents a rolling, six -year funding plan for projects that have been identified by
each department. Projects are included based on the availability of funds, established master plans,
pavement management program, and other long term planning documents. Master plans include an
extensive evaluation of current and future capacity needs, including the condition of existing systems
versus the expected life of the system, and long term growth- related needs.
The first criterion for inclusion in the C1P is availability of funds. With the exception of proposed
water and wastewater projects, the proposed 2011 CIP continues to reflect current economic times. As
in the past, the proposed 2011 CIP includes projects that depend on grants, loans, and in the case of the
water and sewer projects, rates. The proposed CIP only lists projects likely to be constructed over the
next six years. In addition, priority projects with out secure funding have been listed in the unfunded
category of the CIP. The unfunded projects total in excess of $48,956,000 million.
The second important criterion in the CIP planning process is master planning. Funding to update the
existing enterprise fund master plans (water, sewer, transportation, and storm water,) is included in the
current 2009 -10 budget and the proposed 2011 CIP, which is consistent with the two year master plan
update process. Facility improvement CIP projects are based the current, existing facility master plan.
In addition to master plans, Street Department CIP projects are prioritized based on the pavement
management program. The pavement management program evaluates the existing street system and
recommends strategic street construction projects based on the life cycle of each street. The Parks and
Page 1 of 4
C I T Y O F
ASH LAN D
Recreation Department updates their long term project priority list annually with the Parks
Commission. The Electric Department uses a 2003 study completed by CVO Electrical Systems, LLC
for their CIP projects. AFN CIP projections are based on the most recent AFN Business Plan
assumptions.
Historic CIP Execution Rates
This year's FY10 CIP has an expected execution rate of 55% as compared to 2009's execution rate of
32 While the execution rate has improved, there were some projects that were not completed.
Those projects include the Jefferson Street extension project (Brammo), $800,000; the Allison Street
overlay project, $400,000; the Wastewater Treatment Plant Membrane project, $500,000; and projects
that will be partially completed like the master plans. To that end, these projects have been moved to
the proposed FY11 CIP.
Current Year Highlights
Public Works CIP projects completed in FY09 include the reconstruction of Hersey Street sidewalks;
street overlays on North Laurel Street, Iowa Street, and West Nevada Street; miscellaneous concrete
repair projects; and water plant processing improvements. Contracts have been approved and master
plans are underway for the Transportation System Plan and the Water Master Plan. All remaining
master plans (wastewater and storm water) should also be under contract by June 30, 2010.
The Electric Department completed distribution and cable replacement installation projects, Mountain
Avenue substation improvements, began construction of the Highway 66 I 5 Freeway Crossing
project, and ongoing new installation and service projects. AFN will complete distribution and cable
installation equipment and Mesh Net build -out projects.
FY11 Program
The proposed $14,409,000 FY11 CIP represents a 258% increase over last year's $5,587,100 FY 10
CIP. The proposed FY11 CIP continues to focus on updating master plans. It also includes the
following major public works improvement projects: Laurel Street sidewalk and railroad crossing,
Will Dodge Way, street overlays, slurry seals, Airport runway overlay, Crowson II Reservoir, TID
pump station improvements, and wastewater treatment plant membrane replacements. The Parks
Department CIP includes acquisition of the lower Clay Street property. The proposed FY11 CIP is
attached to this council communication for Council review.
FY1 1 Fiscal Impacts
Street Fund: New projects listed in the Street Department fund CIP include Will Dodge Way, slurry
seal projects, the Laurel Street sidewalk and railroad crossing project, and street overlays. These
projects will not impact the street user fees. The Governors Jobs Bill FIB 2001 is projected to generate
an additional $239,000 of funding in 2011, and will increase to $450,000 per year in 2012. The 2011
projected funds will cover the costs for Will Dodge Way and the proposed slurry seal projects. With
the exception of some matching funds, all of the remaining Street Department CIP projects are funded
through MPO allocations.
Water Fund: The proposed Water Department projects include Crowson II Reservoir ($4 Million
over two years) and TID pump station improvements ($220,000). If approved, funding for these
projects will require a 6% water rate increase. If Council decides not to raise rates for the reservoir
project, it may be moved into the following year's CIP.
Page 2 of 4
Val
CITY O F
ASHLAND
Wastewater Fund: The proposed Wastewater Department projects include membrane filter
replacements ($1.6 million) and replacement of the Ashland Creek sewer main line ($300,000). If
approved, funding these projects will require a 5% sewer rate increase.
Airport Fund: The proposed Airport project (Runway 12\30 Overlay) will not impact airport rates, as
this $1.8 million project will be funded with FAA funds.
FY11 Capital Equipment Purchase Plan:
The FY 11 Capital Equipment Replacement Program proposes to purchase the following items.
Three new vehicles for the Police Department
One mower for the Cemetery
Two new trucks, one parking lot sweeper, a sander, snow plow, welder, Gator utility vehicle
and a used Gradall for Public Works
A bucket truck for the Electric Department (this was approved last year and will be carried over
to FY 2011 Budget).
The total cost for these items is $828,000. The specific equipment replacement list is attached to
this council communication.
Related City Policies:
Council Goals
FY09 Budget including the CIP
Master plan documents for each enterprise
Council Options:
1. Council may accept the staff report and approve:
a) the proposed FY11 Projects for Budget Purposes
b) the FY11 Capital Equipment Plan
c) the FY11 -16 Overall CIP for Planning Purposes
2. Council may decide to modify staffs recommendations:
a) the proposed FY11 Projects
b) the FY11 Capital Equipment Plan or recommend that the plan proceed without
purchasing the hybrid vehicles
c) the FY11 -16 Overall CIP
Potential Motions:
1. Council moves to accept the staff report and approve the following three items:
a) the proposed FY11 Projects for Budget Purposes
b) the FY11 Capital Equipment Plan
c) the FY11 -16 Overall CIP for Planning Purposes
2. Council moves to modify staffs recommendations, and direct staff to provide the
final project list for review at the next Council meeting.
Page 3 of 4
Ina
C I T Y O F
ASH LAN D
Attachments:
Proposed FY11 -16 CIP Project List (1 1x14)
Proposed FYI1 Project CIP FY11
Proposed FY 11 Capital Equipment Plan
Page 4 of 4
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taw ription
Teentectalioq 11Prgnet TOMO Street SDC Grams Ms other he Tees
TIP Update .$1,111111191,000' 191,000
lefkrion Street Extension Protect (Brno OECDD) WAllealT15,000: 44000 375,000
Pewees pan Plan @moue (04M0) $803! I 80,000
Sidewalk Westrunice Lease Wee Hersey to Randy i$W010280,000! 5 214003 5 3
Bailee@ Omens hatreeminta Heney Laurel !$IMIG450,030. 5 450,020
Refired Crossing Imptowsnems Oak @I:W=35M 5,250 5 5 29,75D
Miscellaneous Concrete Safety Rewire $04518100,000: 103,000
Mist New Sidewalk Improvements (based on reionized list in TSP/ .$9•12311800110 20,CE) WM
Slurry Seal Suns Per PMS leinall00,000 100000
IMMI•1=1/1•111EIMMMEIDDISMISZPSnetW. than (n0)1l Sabbath trotwertatimegsar,rogsl $um:luso ,Sk91436108 $15.21404 !$37S,000 $TEMM9,750
Send bust va wan In ore Pavane Marteeersent System Weal of ana DOWN V Protectlkatabs Street SDC Grans LIDs other fa* rates
WM Dodge Way Ownlatateconstnatice 1$1 75,000
Omen Allison Street Gresham to Wenn ispowt350,0001 329000 21,00)
Overlay N Mourne Avenue Hersey to I@ i$275.003 275.000 5
•MIIIIIMIMMIIMMIWOITIODIONDWITIET. INSubtotal Street insprovemeeMOnrepr 11$61111623208111 $54-2-11.1n C. MOO :$04/225005 SWIRR961
path hearevannt DIstrka
One Cab Man are teal Poke oven sty portion varies chalet Tartan) Stout SDC Gnats Prop One alba tees rate
Panne Wm liberty Street nal Improvanee District $275! 49 5013 5 115,503 110,000
Pavemeat plum Senna Se Schofield See Local Improyemeat District i SS367,003! 66.060 300.940 5
Subtotal Len Immense Dielece@SIPM.642:1100 $11M1125,560 .1SEMIE11111 $fl41•141) II■N•111W $1=1111,010
jJmo.t UPtoJettIolabt Grants robe other fen rata
Entidenseet Gnats (FAA/ODA) 15120.fl200,233 5 5 5
Rderal Aid to Munkipanies (FAM) gaRNICII25001 5 22,503 5 2.503
Abport thipmetmenta (MP) FAA Gee Reny °vele 15111M1 /800000 5 1003000 5 180000 S
WATER
Wiley am* Project Teen Water SDC Grants the Geer fees nem
Water Supply Study (Richt Wher for the Richt Use Peen) SW1T4370,000! 5 258,744 5 111256 5
FERC Part 12 Hoskr Dam SestY rmaire I Crw/20125,000: 5 62,500 5 62400
Water Cueilment T1D Pump Station Improvements 5 110.0013 110,000
Wiles Den Spinet. Upmsdes SleS/A50,00)! 5 I 23,000 25DCO
Reeder Ite hereements Silt Removal ENV Forts 1$ /34014121301210' 120,030
n.._ weile) I Ws C:I !T'Skaltil42/1140 Subtotal SegtillS111111118115,W81 SMI142511,744 mu 115256 slaw 1111 111 •3 12 50 3
u 6, 1=0 Cirrni ri rICEn
W■iONMEIMillirMYil-2,21,0.14.WW A."' i Plant :13 ocnitiminang2ici
Water Otstr@nrent I tPttheet Totabl Water SDC Grants t otter f. tate
New 'Crowson 1:1" Reeser (PM 12) mm2;400,000' 720000 5 1.680000
Sabine Dislaibelu
eol wesies;oosysimmr isaissur $mear ,svasser,
WASTEWATER
Wastmeter Treatment Met ‘Prelect Totaled Sen. SDC Grants mbr ether real rates
Wastewater Treatment Plant Membrane Sections Replacement limning 41111111600,0012 50,00D 250,000 203003 I.100000
allealterattthiP191Athal.the Prtkr( wSubtetal Plane a:MOM $$G,000 .M. SIIIIIalln -$uisnsoixt 201 1 100 4 1100
Wmtewthet Collection Sedan 11 ProleckTotahl Sewer SDC Gnats thee other fees gates
Masan Plan Wale I 000 300 5 1
Wastewater Line Replacement; Miscellaneous In-House I5IMEM151400111 7,501) 1 42.500
Wastewater Line Reba:men Ashland Creek Main Line i5■1275,00DI 13,750 261,250
62 ,*■307,soo: in $=m •s am sasses'
r t....
Dr
Sherman m
rsiars".„.1$ 10,500 I Gnat. II Itibt I other I fees rates
Iowa Street um/ham Storm Drain Um hmthation I S 24.503
ELECTRIC Written/T.1AP Gnats tube other fan rates
bean New Serrkes New laWstructure 143 5 I 300,000
Genic Utility Line haelbtion; @Wee Vanua Leveret 5494M100,000 100,000
SCADS System 521441M20,0011 I I I 20,000
FERC Pet 12 Hosier Dam Salty Analysis $.3ner125,000 125030
Anise Substation Upgmde !$7W5050,0001
Upgrade Feet Una McKim Street Isitacen35,020' 35000
go i mis v Project Totahr Gnats mbe other len rates
Community Website Peal 1FIEGT110,0031 10.000
Disaittuion and Cab@ Enipmeat Installation SM:- 120,000
Network Rdresh pi MOOD
Her to the Premise (EITP) 10000
Underground TelecommunicationOnes Instals/ion Various Locations 10,020! 10,000
Wien Deployment 10,000
Relocate @ter with Deseepenem -$1:10thL20,030 2E000
Optical Time Domain Reficaometer (OTOR) .$15thsaatipOr 11.000
INFORMATION TECHNOLOGY 1 Protect Tebbe Gretna Pm other fees rates
Desktop and Laptop Phased Replacement (25% Annually) MOOD
Sava Planed Replacamas 15000
Printer Maxned Replacement 24000
Major Saban 'heehaws 60.000
ithethrillththailiEWEIL11••. 12.2(.1., s.• ,1e• st (1.21LthAkke11......11/(201a12510081
IGIS irareleeta Hsu Grants I mix I other feet rates
I St nT'It' I la c; is 0411 5 Is myrurs
amearainsawasi stab. Grata Pat I Miser I fees rates
1 SRDERa- 1 I SelmomEr IStwsmassestel Stateitharathi
ADMIN/aTRATION eltv Forthtlest °Project Tebbe Grants mist other fen rates
(Sty Facility Upsradts Maintains ■SIIIIRM125,0001 125000
Enipment Shop Diesel Retrofit .Strth-WW100,0001 91.000 9000
Service Center Roof Replacement I$E4930180,0011 l/0,
City inn Adminatrative Semites Facility Upgrade isussamos,oco• 100.000
Savice Caster Security Upgrade SS70.0001 5 70000
?ARKS A RECREATION @Project Totes' SDC Grants foadha ether fees nits
Lower Clay Street Purchase 11•1111300.0001 1.300000
Ashland Ova Pat Develthenent OPPSID03.0001 50000 50,0110
Oak Knoll thiptica Replace:Dem Innate i Senn 12.50 12.50) 25000
Lithia Pak Plan Enhance ■$S•25,] 25,050
Overlay Parkin Las EthiSTE10,0001 10,000
Linn Park Rearcams Inalleth75/1110. 75.003
Tennis Caen Lightizo Wisonestats 14111WW75.003! 75.0W
thermal Park Resumes .SEREE 35003
Enders Shelter 11/803025,000: 25000
Oen Spa Acquisition Park Development ISIWWW400,000 WOCCO 5
ISTOTS1161PalYt10 11$1M409:000111$1g021t0541110:553S756111$18167440111$10242:500111$15H05125011
tethasteerenthathapepprit Spa PresertainteMPnoth Ful prep lor Mil bona 01,2540.*
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CITY OF
ASHLAND
Council Communication
Resolution Establishing Target Ending Fund Balances and Contingencies
Meeting Date: February 2, 2010 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E -Mail: tuneberl @ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: 15 Minutes
Question: JlI
Will Council approve a resolution revising operating Ending Fund Balance (EFB) targets for certain
funds and authorize budgeting increased Contingencies in certain funds?
Staff Recommendation:
Staff recommends Council approve the proposed revisions to the Ending Fund Balance targets for
beginning in FY 2010 -2011. Staff believes these revisions will assist in achieving the City Council's
fiscal stability goal.
Council options include, but are not limited to:
1. Approving the recommendations but implementing the changes on a fund by fund basis using
unanticipated surpluses.
2. Approving the recommendations but phasing any increases in on a fund by fund basis and
limiting any rate of fee adjustments needed to reach the new targets to 1% per year.
3. Approving increased EFB targets with the timing of implementation as Council determines.
4. Formally adopt the existing EFB targets, with no changes.
Background:
The City has a series of Ending Fund Balance (EFB) policies used to manage the City's funds. In
general, the targets are set by the adopted Financial Management Policies used in the Budget. The
targets are generally a function of estimated annual operating revenue and are intended to help
maintain financial viability of each fund. They vary based on how susceptible a Fund is to revenue
fluctuations and based on the riskiness of the activities in each different fund.
Maintaining sufficient EFB's is a primary tool in assuring financial viability of the City. Healthy
EFBs also make the City more resilient during economic hard times.
Targets are not subjective but are meaningful and intended to protect the City, the services provided
and Ashland's financial viability as a whole by protecting the specific funds. Monitoring and
managing EFB's against the adopted targets helps to guard against a financial crisis.
Please remember that target EFB's are minimums, meaning that it is acceptable and desirous to be
above the target. Conversely, if below the target, action should be taken to get back to the target, not
necessarily above it.
Below is a table that recaps the existing EFB's in relation to established targets and proposed changes
recommended by staff. Estimates for EFB's for this year and next are the best information at this time.
Page 1 of 3
"Ai
CITY O F
ASHLAND
They will change by the time the budget document is presented in April. Significant variables that will
change these amounts are:
A. Weather impacts on electric and water consumptions through winter and spring.
B. Internal and external franchise payments to the General and Street funds.
C. Tourism activity through June.
D. Development and construction activity through June.
City of Ashland
Fund Balance Worksheet
FY 2008 2009 FY 2010 FY 2010 FY 2011"
OLD Budgeted Actual Abovel(Below) Budgeted Projected EFB Proposed NEW
Fund Target Total Unavailable* Unrestricted Target Target Unrestricted EFB Target
General 10% $1,586,000 2,185,456 415,026 1,770,430 184,430 1,435,000 1,715,000 1,722,000 12%
CDBG N/A 69,618 69,618 WA
Reserve N/A N/A
Street 10% 310,000 2,402,257 2,014,698 387,559 77,559 487,000 750,000 450,000 15%
Airport 163'. 18,000 99,978 99,978 81,978 17,000 10,000 10,000 10%
CIP N/A 1,433,904 1,198,722 235,182 235,182 375,000 500,000 SS
L Y:f)e�j. ,2:2 N/A 1,072,785 1,072,785 1,149,000 1,149,000 2,400,000 SS
Water 20% 889,000 2,323,766 1,883,109 440,657 (448,343) 945,000 600,000 900,000 20%
Wastewater 15% 1,777,457 3,710,773 2,793,206 917,567 (859,890) 1,751,369 550,000 750,000 15%
Electric 12% 1,550,120 1,642,545 1,642,545 92,425 1,488,950 1,500,000 1,488,950 12%
Telecommunications N/A 348,000 929,943 929,943 581,943 372,000 825,000 372,000 20%
Central Services 3% 175,000 161,163 161,163 (13,837) 174,000 100,000 174,000 3%
Insurance Services N/A 512,000 696,071 400,000 296,071 (215,929) 563,000 750,000 1,000,000 S$
Equipment N/A 844,149 844,149 844,149 1,581,090 1,600,000 SS
Cemetery Trust N/A 788,753 788,753 N/A
Subtotal 7,165,577 $18,361,161 10,635,917 7,725,244 559,667 8,382,319 9,905,090 $11,366,950
Parks 8. Recreation 10% 921,000 1,379,752 1,379,752 458,752 870,000 1,300,000 1,230,000 25%
CIP N/A 166,991 166,991 N/A
YAL N/A 27,355 27,355 NIA
Subtotal 921,000 1,574,098 194,346 1,379,752 458,752 870,000 1,300,000 1,230,000
TOTAL $8,086,577 $19,935,259 10,830,263 9,104,996 1,018,419 $9,252,319 11,205,090 $12,596,950
Unavailable: Any restriction, reserve or earmark whether it is externally or self imposed.
A minimum dollar amount is identified rather than a percentage of annual revenue.
2011 Proposed EFB Calculated upon estimated 2010 budgeted revenue.
The key changes proposed are:
1. General Fund This fund guarantees health and welfare of the community including the Full
Faith and Credit of the City. An increase from 10% to 12% is recommended.
2. Airport Fund This fund's 16% seems excessive, especially since capital improvements are
now located in the CIP fund. A 1 O% EFB is recommended. Lease terms including rents
should be managed to maintain the minimum.
3. Capital Improvements Fund No minimum is identified, just the intent to accumulate funds
before a large project. There remains a commitment of $625,000 to the Equipment Fund to
repay the Clay Street interfund loan. A minimum dollar amount of $500,000 for a target EFB
should be established for municipal building repairs and improvements. An alternative is to
reduce internal charges for facilities to the departments, easing their annual cost, or prepay the
loan on the CDES building.
Page 2 of 3
W`,
C I T Y O F
A S H LAN D
4. Debt Service Fund Most covenants require a dollar figure equaling one year's debt service be
held in reserve. This is a restricted EFB. That amount is estimated at $2.4 million and
transfers from contributing funds (including Telecommunications) should be done in light of
these requirements.
5. Insurance Fund Costs and exposures continue to increase despite the good work of the City
staff in general and specifically by the Safety Committee and the Risk Management staff.
Internal contributions should be set to provide and EFB of $1 million is recommended.
6. Parks Recreation Fund This fund does not receive appreciable revenue until property tax
distributions in November. A 25% EFB target identifies the amount that is necessary to pay for
operations for the 1 /3` of a year (July October) that Parks goes without tax revenue.
The 25% target recommended for the Parks Commission is above the 20% previously discussed. The
lower percentage does not generate enough funds to assure balances sufficient to avoid borrowing for
operations in October.
Contingencies
Finally, staff recommends that the focus of budgeted Contingency in each fund be changed from
annual operating revenue to annual operating expenditures. Variations on the amount budgeted will
probably not change significantly. However, tightening the budget has increased the use of
Contingency and staff anticipates this will continue and grow. Staff asks permission to include
increased Contingencies where thought to be appropriate in the upcoming budget for committee
consideration.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Potential Motions:
I move to accept staff's recommendation (as revised) effective...(in the FY 2010 -2011 budget).
Attachments:
Draft Resolution
Financial Management Policy
Page3of3
Fral MINS
RESOLUTION NO.
A RESOLUTION ESTABLISHING TARGET ENDING FUND BALANCES
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
The City of Ashland currently has Ending Fund Balance (EFB) targets established in the
accepted Financial Management Policies incorporated within the budget document.
These EFB targets are a primary tool in assuring financial viability to the City and aids
in flexibility. When percentages are provided they represent a calculation on annual
operating revenue and the dollar figure is an estimated amount. When no percentage
is given, only a dollar figure, the amount shown is the minimum target. No target is
established for a fund when no amount or percentage is given.
SECTION 1. Council adopts the following targets in either a percentage or dollar format
as provided below.
SECTION 2. The percentages or dollars presented will be adjusted annually in the
budget process.
City of Ashland
Fund Balance Worksheet
FY 2011
Proposed
Fund EFB Target
General 1,722,000 12%
CDBG N/A
Reserve N/A
Street 450,000 15%
Airport 10,000 10%
CIP 500,000 N/A
Debt restricted 2,400,000 N/A
Water 900,000 20%
Wastewater 750,000 15%
Electric 1,488,950 12%
Telecommunications 372,000 20%
Central Services 174,000 3%
Insurance Services 1,000,000 N/A
Equipment 1,600,000 N/A
Cemetery Trust N/A
Subtotal 11,366,950
Parks Recreation 1,230,000 25%
CIP N/A
YAL N/A
Subtotal 1,230,000
TOTAL 12,596,950
Page 1 of 2
SECTION 3. Annual Operating Contingencies will be calculated on operating
appropriations in the 3% to 5% range as recommended by staff and approved by the
Citizen Budget Committee
SECTION 4. Copies of this resolution shall be maintained in the Office of the City
Recorder and shall be available for public inspection during regular business hours.
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of February, 2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of 2
Financial Management Policies Staffs Initial comments and suggestions are in italics. A
indicates no change proposed at this time.
Scope
The Financial Management Policies apply to fiscal activities of the It should be made clear as to the applicability to Ashland Parks
City of Ashland. and Recreation Commission (APRC). If not 100%
applicable it should be clear when it is or isn't.
Objectives
The objectives of Ashland's financial policies are as follows:
0 To enhance the City Council's decision making ability by 4
providing accurate information on program and operating
costs.
0 To employ revenue policies that prevent undue or 4
unbalanced reliance on any one source, distribute the
cost of municipal services fairly, and provide adequate
funds to operate desired programs.
To provide and maintain essential public programs, services,
facilities, utilities, infrastructure, and capital equipment.
0 To protect and enhance the City's credit rating. 4
0 To ensure the legal use of all City funds through efficient 4
systems of financial security and internal control.
Investments
All City funds shall be invested to provide —in order of Definition of idle cash: Cash amounts beyond the level deemed
importance —safety of principal, a sufficient level of necessary to provide adequate cash flow or coverage of
liquidity to meet cash flow needs, and the maximum yield outstanding charges as determined by the City Treasurer.
possible. One hundred percent of all idle cash will be Recently updated by Council on November 17, 2009.
continuously invested.
Accounting
4
o The City will maintain an accounting and financial reporting
system that conforms to Generally Accepted Accounting
Principles (GAAP) and Oregon Local Budget Law. The
City will issue a Comprehensive Annual Financial Report
(Audit report) each fiscal year. The Comprehensive
Annual Financial Report shows fund expenditures and
revenues on both a GAAP and budget basis for
comparison purposes.
An independent annual audit will be performed by a certified
public accounting fine that will issue an official opinion on
the annual financial statements and a management letter
detailing areas that need improvement.
0 Full disclosure will be provided in financial statements and
bond representations.
0 The accounting systems will be maintained to monitor J
expenditures and revenues on a monthly basis with
thorough analysis and adjustment of the annual budget as
appropriate.,
The accounting system will provide monthly information General accounting systems (software) cannot provide the level
about cash position and investment performance. of investment performance identified here. This should be
Annually, the City will submit documentation to obtain the relegated to the City Treasurer's report.
Certificate of Achievement for Excellence in financial OK to agree upon but does it need to be a policy?
reporting from the Govemment Finance Officers
Association (GFOA).
Operating Budgetary Policies
The budget committee will be appointed in conformance with Needs refining? Budget Committee reviews proposed budget to
state statutes. The budget committee's chief purpose is to ensure it meets City Council objectives, provides essential
review the city administrator's proposed budget and services and provides a responsible spending plan.
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.
0 The City will finance all current expenditures with current Propose a small revision: °current operating expenditures°
revenues. The City will avoid budgetary practices that
balance current expenditures through the obligation of
future resources.
The City budget will support City Council goals and priorities 4
and the long -range needs of the community.
D In contrast to the line -item budget that focuses exclusively
on items to be purchased (such as supplies and
equipment), the City will use a program/objectives format
that is designed to:
1)Structure budget choices and information in terms of
programs and their related work activities,
2)Provide information on what each program is committed
to accomplish in long -term goals and in short-term
objectives, and
3) Measure the degree of achievement of program
objectives (performance measures).
o The City will include multi -year projections in the annual
budget.
D To maintain fund integrity, the City will manage each fund as 4
an independent entity in accordance with applicable
statutes and with generally accepted accounting
principles.
o The City will allocate direct and administrative costs to each Annual recalculation of these intemal service charges may not be
fund based upon the cost of providing these services. possible but they should be reviewed annually and
The City will recalculate the cost of administrative services recalculated at least every threeyears.
each year to identify the impact of inflation and other cost
increases.
D The City will submit documentation annually to obtain the
Award for Distinguished Budget Presentation from the OK to agree upon but does it need to be a policy?
Government Finance Officers Association.
Fund Balance Policy
General Fund: The General Fund accounts for all financial
resources not accounted for in other funds. Resources include Add to Resources Interest Income and Other revenue deemed
working capital carryover, taxes, licenses and permits, necessary.
intergovemmental revenue, fines and forfeitures, charges for
services, miscellaneous revenues, and inter -fund transfers. Add to Expenditures those budgeted for Administration and
Expenditures are for Social Services, Economic and Cultural Administrative Services (Finance) deemed necessary.
Development, Police Department, Municipal Court Department, Move Measurement Focus/Basis of Accounting (MFBA) to
Fire and Rescue Department, City Band, Cemeteries, and the accounting methodologies in all funds if acceptable to
Department of Community Development. This fund uses the auditor and GFOA.
modified accrual method of accounting.
The General Fund will maintain an unrestricted and Staff recommends the 10% target minimum EFB be
undesignated balance of annual revenue of at least 10 increased to 12% plus 3% Contingency fora total of 15
percent This is the minimum needed to maintain the The minimum EFB should be unrestricted.
City's credit worthiness and to adequately provide for
economic uncertainties and cash flow needs. Staff recommends If EFB exceeds 20% of annual revenue
after the audit the amount over 20% should be transferred to
a restricted reserve.
Currently City has accepted legally restricted monies (grants and
D No portion of the General fund balance is restricted for forfeitures) and imposed intemal restrictions (parking and
specific uses. housing trust) limitations on the EFB.
The General fund was pledged in the issuance of the 1996 This debt has been paid off but other pledges for Full Faith
Limited Tax Improvement Bonds. Bond and interest Credit financing (Airport, AFN, Water Wastewater)
payments may be paid from this fund or an additional tax remain and should be addressed here or in the Debt
levy imposed, provided assessment payments were section of the policy removing this section from here.
inadequate. Staff recommends the Contingency be calculated only on
o The City will budget a contingency appropriation to provide Operating Expenditures. A 4 %level would be preferable.
for unanticipated non recurring expenditures or shortfalls Appropriation transfers relate more to unanticipated
in projected revenues. The minimum contingency will be expenditures not resources. Fluctuations In Resources are
maintained at not less than 3 percent of annual revenues. resolved through Supplemental Budgets or reductions in
program expenditures.
Special Revenue Funds
Special Revenue Funds account for the proceeds of specific
sources that are legally restricted to expenditures for specified
purposes. Special Revenue Funds account for transactions using
the modified accrual method of accounting.
Community Development Block Grant Fund. This fund was
established in 1994 -95. The fund accounts for the Block Grant
and related expenditures.
A fund balance policy is not needed since this fund works on 4 City guarantees projects through the General Fund.
a reimbursement basis.
The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non-recurring expenditures or shortfalls Operating Expenditures. A 4 %level would be preferable.
in projected revenues. The minimum contingency will be
maintained at not less than 3 percent of annual revenues.
Street Fund. Revenues are from the state road tax, grants,
franchise fees, charges for services and miscellaneous sources. 4
Expenditures are for the maintenance, repair, and surfacing of
streets, as well as the maintenance, repair and construction of
storm drains.
D The Street Fund will maintain an unrestricted and Staff recommends the 10% target minimum EFB be
undesignated balance of annual revenue of at least 10 Increased to 12% or 15% plus Contingency.
percent. This is the minimum needed to maintain the
City's credit worthiness and to adequately provide for
economic uncertainties and cash flow needs.
D The System Development Charges for Transportation and J
Storm Drains are included in the Street Fund balance.
This portion of the Street Fund balance is restricted and
shall not be used in determining the minimum fund
balance.
The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated expenditures of a nonrecurring nature or Operating Expenditures. A %level would be preferable.
shortfalls in projected revenues. The minimum
contingency will be maintained at not less than 3 percent
of annual revenues.
Airport Fund. Revenues are from airport leases, and fuel sales. 4
Expenditures are for airport operations.
The Airport Fund will maintain an unrestricted and Staff believes this is a little high and could be lowered to
undesignated balance of annual revenue of at least 16 10% or 12% but fund revenues should be adjusted to meet
percent. This is the minimum needed to maintain the the target unless the City desires to guarantee Airport
City's credit worthiness and to adequately provide for operations through the General Fund.
economic uncertainties and cash flow needs.
4
No portion of the Airport fund balance is restricted for
specific uses.
Many of the Airport assets have restrictions placed on 4 The fuel tanks still have payments to be made. Capital
them by the Federal Aviation Administration. None of the projects and their funding have been moved to the CIP
current revenues are pledged to outside lenders. Over the Fund.
next 20 years, the Airport Fund is obligated to repay the
Equipment Fund for the installation of fuel tanks through
an equipment rental fee.
The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non recurring expenditures or shortfalls Operating Expenditures. A 4 %level would be preferable.
in projected revenues. The minimum contingency will be
maintained at not less than 3 percent of annual revenues.
Capital Projects Funds
Capital Projects Funds are established to account for financial J
resources that are used for the acquisition or construction of
major capital facilities (other than those financed by Enterprise
Funds, Internal Service Funds, Special Assessment Funds, and
Trust Funds). Capital projects funds use the modified accrual
method of accounting.
Capital Improvements Fund. This fund accounts for revenues 4'
from grants, unbonded assessment payments, and other
sources, and will account for the construction of special
local improvements, usually streets, with revenues from
short term borrowing and unbonded assessments.
Expenditures are for construction, property and equipment
acquisition and replacement, improvements and related
purposes, and the repayment of short-term debt principal
and interest incurred in financing improvements. Facilities (an internal service) is now located In this fund so
The purpose is to accumulate funds prior to a large a minimum EFB (5% to 10 based on this program's
construction project; therefore, there is no minimum fund activities would be appropriate.
balance.
The System Development Charges (SDCs) for Parks are
included in the Capital Improvement fund balance. This
portion of the Capital Improvements fund balance is
legally restricted and shall not be used in determining the
minimum fund balance. The City Council has established
other restrictions on this fund, such as affordable housing
and office space needs.
The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non recurring expenditures or shortfalls Operating Expenditures. A 4 %level would be preferable.
in projected revenues. The minimum contingency will be
maintained at not less than 3 percent of annual revenues.
Debt Service Funds
Debt Service Funds account for the accumulation of resources 4
for, and the payment of, general long termdebt principal and
interest. Expenditures and revenues are accounted for using the
modified accrual method of accounting. All bond issues and
notes are separated in the accounting system.
Debt Service Fund. This fund accounts for revenues from taxes,
transfers and other revenues.
All of the monies within the Debt Service fund are restricted
for Debt service until the specific debt is repaid in hill. J
ORS prohibits cities from borrowing this money for any
other purpose.
The Debt Service Fund will maintain an unrestricted and
undesignated balance of annual revenue as required by 4
the specific debt instrument. This is the minimum needed
to maintain the City's credit worthiness and to adequately
provide for economic uncertainties and cash flow needs.
Enterprise Funds
Enterprise funds account for the following operations: (a) those
that are financed and operated in a manner similar to private
business enterprise, where the intent of the goveming body is
that the costs (expenses, including depreciation) of providing
goods and services to the general public on a continuing basis be
financed or recovered primarily through user charges; or (b)
those where the governing body has decided that periodic
determination of revenues earned, expenses incurred, and/or net
income is appropriated for capital maintenance, public policy,
management control, accountability, or other purposes.
Enterprise funds use full accrual basis of accounting for financial
statement presentations. However, the enterprise activities use a
modified accrual basis of accounting for budgetary purposes.
This assures budgetary compliance with such expenditures as
capital construction and acquisition, as well as debt principal
transactions.
Water Fund. This fund accounts for water operations. Revenues
are from sales of water, other charges for services, and 4
miscellaneous sources. Expenditures are for operations,
conservation programs, capital construction, and
retirement of debt.
The Water Fund will maintain an unrestricted and 4
undesignated balance of annual revenue of at least 20
percent. This is the minimum needed to maintain the
City's credit worthiness and to adequately provide for
economic uncertainties and cash flow needs.
0 The Water System Development Charges and reserved debt 4
service fund balances are included in the Water Fund
balance. These portions of the Water Fund balance are
restricted and shall not be used in determining the
minimum fund balance.
D The net revenues of the Water Fund were pledged in the Staff recommends this be reworded to recognize that net
issuance of the 1994 Water Revenue Bonds used to revenues are pledged for all revenue bonds issued by this
finance the upgrade to the water treatment plant. fund for capital improvements.
D The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non recurring expenditures or shortfalls Operating Expenditures. A 5 %level would be preferable due
in projected revenues. The minimum contingency will be to the potential of increased treatment costs despite
maintained at not less than 3 percent of annual revenues. restricted (curtailment) water sales.
Wastewater Fund. This fund accounts for wastewater treatment 4
and collection. Revenues are from charges for services.
Expenditures are for operations, capital construction, and
retirement of debt.
The Wastewater Fund will maintain an unrestricted and J
undesignated balance of annual revenue of at least 15
percent, but no less than required by the Wastewater
Treatment Plant loan. This is the minimum needed to
maintain the City's credit worthiness and to adequately
provide for economic uncertainties and cash flow needs.
D The Wastewater System Development Charges are included J
in the Wastewater Fund balance. This portion of the
Wastewater Fund balance is restricted and shall not be
used in determining the minimum fund balance.
U The net revenues of the Wastewater Fund that were pledged J
in the issuance of the 1998 Clean Water State Revolving
Fund (CWSRF) Loan used to finance the upgrade to the
treatment plant are included in this fund.
The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non recurring expenditures or shortfalls Operating Expenditures. A 5 %level would be preferable due
in projected revenues. The minimum contingency will be to the potential of increased treatment costs to meet
maintained at not less than 3 percent of annual revenues. standards.
Electric Fund. The Electric Fund accounts for the distribution of
purchased electricity according to standards set forth by J
the Federal Energy Regulatory Commission. Revenues
are from sale of electricity and other charges for services
and intergovernmental grants. Expenditures are for
related operations. Utility operations Include wholesale
power purchases, operating expenses, energy
conservation incentives, capital outlay, retirement of debt,
franchise tax, and related purposes.
0The Electric Fund will maintain an unrestricted and
.undesignated balance of annual revenue of at least 12
percent This is the minimum needed to maintain the
City's credit worthiness and to adequately provide for
economic uncertainties and cash flow needs.
0 No portion of the Electric Fund balance is restricted for
specific uses.
0 The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non recurring expenditures or shortfalls Operating Expenditures. A 4%level would be preferable.
in projected revenues. The minimum contingency will be
maintained at not less than 3 percent of annual revenues.
Telecommunications Fund. The Telecommunications Fund 4
accounts for the revenues and expenditures of the
Ashland Fiber Network.
No fund balance policy has been established. Council set an EFB minimum balance of 20% of operating
revenues in FY 2006-2007. A contingency of 4% of operating
revenues should be established.
Internal Service Funds
Internal service funds account for the financing of goods or J
services provided by one department or agency to other
departments or agencies of the govemmental unit, or to other
govemmental units, on a cost reimbursement basis. Internal
service funds use full accrual accounting methods for financial
statement presentations. However, the internal service funds use
a modified accrual basis of accounting for budgetary purposes.
This assures budgetary compliance with such expenditures as
capital construction and acquisition as well as debt principal
transactions.
Central Services Fund. This fund is divided into Administration, 4 Updates titles of departments and divisions.
Computer Services, Finance, City Recorder, and Public
Works Administration /Engineering, and Maintenance.
Expenditures are for personnel, materials and services
and capital outlay for these departments. These functions
are supported by charges for services by all direct service
departments and•divisions.
The Central Services Fund will maintain an unrestricted and A minimum EFB (5% to 10 based on this program's
undesignated balance of annual revenue of at least 3 activities would be appropriate. Any EFB over 10% would
percent. This is the minimum needed to maintain the result in reduced charges to the departments in the following
City's credit worthiness and to adequately provide for fiscal year.
economic uncertainties and cash flow needs.
No portion of the Central Services Fund balance is restricted 4
for specific purposes.
OThe City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non recurring expenditures or shortfalls Operating Expenditures. A 4 %level would be preferable.
in projected revenues. The minimum contingency will be
maintained at not less than 3 percent of annual revenues.
Insurance Services Fund. Revenues in this fund are from 4
service charges from other departments, investment
income, and insurance retrospective rating adjustments.
Expenditures are for insurance premiums, self- insurance
direct claims, and administration.
The Insurance Services Fund will maintain an unrestricted The original amount set in 1993 is inadequate for this fund
and undesignated balance of $350,000 as recommended and the City's current exposures, even when adjusted by the
in the June 1993 Risk Financing Study. This balance will CPI. Staff recommends a minimum EFB of$1,000,000,
be increased annually by the Consumer Price Index (CPI) growing each year by CPI or a minimum of 3
to account for inflation. This is the minimum needed to
maintain the City's insurance programs and provide for
uninsured exposures.
No portion of the Insurance Services Fund balance is legally 4
restricted for specific uses.
The City will budget a contingency appropriation to provide Staff recommends the Contingency be calculated only on
for unanticipated non recurring expenditures or shortfalls Operating Expenditures. A 4 %level would be preferable.
in projected revenues. The minimum contingency will be
maintained at not less than 3 percent of annual revenues.
Equipment Fund. This fund is used to account for the
maintenance and replacement of the City fleet of vehicles. d
Revenues are from equipment rental charges.
Expenditures are for personnel, materials and services,
and capital outlay. This fund is divided into two functions:
equipment maintenance and equipment replacement. The
purpose of the equipment replacement function is to
accumulate adequate funds to replace equipment. This
replacement schedule is updated annually.
No minimum fund balance is recommended. 4 City guarantees shop operations through the Fleet sinking
fund.
No portion of the Equipment fund balance is legally restricted d
for specific uses. The City has a policy of renting
equipment at rates that include the replacement cost of
the specific piece of equipment.
The City will budget a contingency appropriation to provide for Staff recommends the Contingency be calculated only on
unanticipated non recurring expenditures or shortfalls in Operating Expenditures. A 4 %level would be preferable.
projected revenues. The minimum contingency will be
maintained at not less than 3 percent of annual revenues.
Trust and Agency Funds
Trust and agency funds account for assets held by a
governmental unit in a trustee capacity or as an agent for
individuals, private organizations, or govemmental units, and /or
other funds. These include (a) expendable trust funds, (b) non-
expendable trust funds, (c) pension trust funds, and (d) agency Cemetery Operations are paid for in the General Fund and
funds. only Interest earnings are transferred from the trust.
Annually, the General Fund transfers $500 to the trust.
Cemetery Trust Fund. The Cemetery Trust Fund is a non- Revenue from General Fund, Cemetery Operations are split
expendable trust fund that uses the accrual basis of with 60% going into the trust EFB balance In the trust is
accounting. Revenues are from interest income and approximately $800,000. Staff recommends that this
perpetual care service charges on cemetery operations. relationship be reviewed for change so that less in general
Expenditures are for the repurchase of plots and transfers revenues in the General Fund are used to subsidize
of eamings to the cemetery fund for operations. cemetery operations. It should also be determined whether
No minimum fund balance policy is recommended. the $800,000 could be legally borrowed or reduced in favor
of other City needs.
Discrete Components Unit
Parks
Parks and Recreation Fund. (Special Revenue Fund) Parks is using a 20% EFB policy although the City's
Revenues are from property taxes, charges for services, Financial Policies do not address that
and miscellaneous sources. Expenditures are for parks,
recreational, and golf course operations. Staff recommends the Contingency be calculated only on
Parks Capital Improvements Fund. (Capital Projects Fund) Operating Expenditures. A 4 %level would be preferable.
This fund is used to account for resources from grants
and inter -fund transfers that are to be expended for
equipment purchases and major park renovations. J No EFB policy or Contingency policy exists.
Revenues
The City will estimate its annual revenues by an objective, 4
analytical process. Because most revenues are sensitive
to conditions outside the City's control, estimates will be
conservative.
The City will make every effort to maintain a diversified and
stable revenue base to protect its operation from short-
term Fluctuations in any one revenue source.
With the exception of grants, charges for services, and
earmarked donations, the City will not earmark revenue 4 Needs to be revised.
for specific purposes in the General Fund.
The City will establish charges for enterprise funds that fully 4
support the total cost of the enterprise. Utility rates will be
reviewed annually. Rates will be adjusted as needed to
account for major changes in consumption and cost
increases.
The City will charge user fees to the direct beneficiaries of 4 The City has not been able to review all charges every two
City services to recover some or all of the full cost of years so this policy should be addressed.
providing that service. All user fees will be reviewed
biannually to insure that direct and overhead costs are
recovered in the percentage approved by City Council.
OTo the extent practicable, new development shall pay J
necessary fees to meet all identified costs associated with
that development.
D The City will work aggressively to collect all delinquent 4
accounts receivable. When necessary, collection
procedures will include termination of service, submission
to collection agencies, foreclosure, and other available
legal remedies.
The following categories are for future discussion:
Expenditures
D The City will provide employee compensation that is
competitive with comparable public jurisdictions within the
relative recruitment area.
D Estimated wage increases and changes in employee
benefits will be included in the proposed budget under
Personal Services.
D The City is committed to maintaining and improving the
productivity of its staff by providing a proper working
environment, adequate equipment and supplies, and
appropriate training and supervision.
D A Social Service appropriation will be included in the
proposed General Fund Budget. This appropriation will
increase or decrease relative to the overall General Fund
revenues.
D An Economic and Cultural Development appropriation will be
included in the proposed General Fund Budget. This
appropriation will increase or decrease relative to the
overall Transient Occupancy Tax Revenues.
Purchasing
0 The City will purchase materials, supplies, and equipment
through a competitive process that provides the best
product for the least cost.
Capital
❑The City will provide for adequate maintenance of equipment
and capital assets. The City will make regular
contributions to the Equipment Replacement Fund and
the City Future General Capital Improvements Account to
ensure that monies will be available as needed to replace
City vehicles and facilities.
OThe City will update its five -year Capital Improvements
Program biannually, identifying capital needs and
potential capital funding sources. The Capital
Improvements Program will reflect the priorities of the City
Council and the long -range needs of the community.
0 Future operating costs associated with new capital
improvements will be projected and included in the long-
term budget forecast.
0 The City will determine and use the most appropriate
method for financing all new capital projects.
0 Special accounts dedicated for capital improvements will be
segregated in the accounting system and used only for
the intended capital purposes.
0 The Capital Improvement Plan will encourage a level capital
replacement schedule.
Debts
O The City will not use long -term borrowing to finance current
operations.
0 Capital projects, financed through bond proceeds, will be
financed for a period not to exceed the useful life of the
project.
0 Whenever possible, enterprise debt will be self- supporting.
Regardless of the type of debt issued, the City will
establish a one -year reserve for all self- supporting debt.
0 The City will seek to maintain and improve its bond rating to
minimize borrowing costs and to ensure its access to
credit markets.
The City will keep the final maturity of general obligation
bonds at or below 20 years, with the exception of water
supply and land acquisition that will be limited to 30 years.
O The City will maintain good communications with bond rating
agencies about its financial condition.
The City will not issue general obligation debt, which
combined with all other overlapping jurisdictions, will
exceed the medium affordability index.
Risk Management
OThe City will provide an active risk management
program that reduces human suffering and protects City
assets through loss prevention, insurance, and self-
insurance.
Accounting Methods
General Fund
This fund accounts for all financial resources except those
accounted for in another fund. Resources include working
capital carryover, taxes, licenses and permits,
intergovernmental revenue, fines and forfeitures, charges
for services, miscellaneous revenues, and inter -fund
transfers. Expenditures are for Social Services, Economic
and Cultural Development, Police Department, Municipal
Court Division, Communications, Fire and Rescue
Department, Community Development, Planning Division,
and the Building Division. This fund uses the modified
accrual method of accounting.
Special Revenue Funds
Special Revenue Funds account for the proceeds of specific
revenue sources that are legally restricted to expenditures
for specified purposes. Special revenue funds account for
transactions on the modified accrual method of
accounting.
Community Development Block Grant Fund. This fund
was created in 1994 -95. The fund accounts for the Block
Grant and related expenditures.
Street Fund. Revenues'are from the state road tax,
franchise fees, charges for services and miscellaneous
sources. Expenditures are for the maintenance, repair,
and surfacing of streets, as well as maintenance and
construction of the storm water runoff infrastructure.
Airport Fund. Revenues are from airport leases.
Expenditures are for maintenance of airport facilities.
Capital Projects Fund
Capital improvement funds are established to account for
financial resources that are used for the acquisition or
construction of major capital facilities (other than those
financed by enterprise funds, intemal service funds,
special assessment funds, and trust funds). Capital
projects funds use the modified accrual method of
accounting.
Capital Improvements Fund. This fund accounts for
revenues from grants, nonbonded assessment payments,
bond proceeds, and other sources, and will account for
the construction of special local improvements, usually
streets, with revenues from short-term borrowing and
nonbonded assessments. Expenditures are for
construction, property and equipment acquisition,
improvements and related purposes, and the repayment
of short-term debt principal and interest incurred in
financing improvements.
Debt Service Fund
The Debt Service Fund accounts for the accumulation of
resources to be used for payment of the debt incurred for
the acquisition or construction of major capital facilities
(other than those financed by proprietary funds, and trust
funds). Expenditures and revenues are accounted for on
the modified accrual method of accounting.
Bancroft Bonds revenues are from Bancroft (Local
Improvement District) bonded assessments. These are
expended for the retirement of local improvement district
bonded debt principal and interest until such debts have
been fulfilled.
General Bonds revenues are from property taxes that are
expended for the retirement of general obligation debt
principal and interest.
Notes, Contracts, and Liens revenues derived from operating
transfers from other funds are used to repay long -term
contracts that are not bonded.
Enterprise Funds
Enterprise funds account for the following operations: (1) those
that are financed and operated in a manner similar to
private business enterprise, where the intent of the
goveming body is that the costs (expenses, including
depreciation) of providing goods and services to the
general public on a continuing basis be financed or
recovered primarily through user charges; or (2) those
where the goveming body has decided that periodic
determination of revenues eamed, expenses incurred,
and /or net income is appropriated for capital maintenance,
public policy, management control, accountability, or other
purposes. Enterprise funds use full accrual basis of
accounting for financial statement presentations.
However, the enterprise activities use a modified accrual
basis of accounting for budgetary purposes. This assures
budgetary compliance with such expenditures as capital
construction and acquisition, as well as debt principal
transactions.
Water Fund. This fund accounts for water operations.
Revenues are from sales of water, other charges for
services, as well as property taxes dedicated to the
retirement of general obligation bonds. Expenditures are
for operations, conservation programs, capital
construction,and retirement of debt.
Wastewater Fund. This fund accounts for wastewater
treatment and collection. Revenues are from charges for
services. Expenditures are for operations, capital
construdion, and retirement of debt
Electric Fund. This fund accounts for the distribution of
purchased electricity according to standards set forth by
the Federal Energy Regulatory Commission. Revenues
are from sale of electricity and other charges for services
and intergovernmental grants. Expenditures are for
related operations. Utility operations include wholesale
power purchases, operating expenses, energy
conservation incentives, capital outlay, retirement of debt,
and franchise tax.
Telecommunications Fund. This fund accounts for
telecommunications operations. Revenues are from cable
TV, Internet connections, and high speed data. Expenses
are for operations maintenance, capital construction, and
debt service.
Internal Service Funds
Internal service funds account for the financing of goods or
services provided by one department or agency to other
departments or agencies of the governmental unit, or to
other governmental units, on a cost reimbursement basis.
Internal service funds use full accrual accounting methods
for financial statement presentations. However, the
internal service funds use a modified accrual basis of
accounting for budgetary purpdses. This assures
budgetary compliance with such expenditures as capital
construction and acquisition as well as debt principal
transactions.
Central Services. This fund is divided into the following
Divisions: Elected Officials, Administration, Administrative
Services, Legal, Customer Services, Accounting,
Purchasing, Public Works Administration, Engineering,
Maintenance, Computer Services, and the City Recorder.
These Divisions fall under the umbrellas of the
Administration, Finance, Public Works, and the Electric
Departments. These functions are supported by charges
for services by all direct service divisions and
departments.
Insurance Services Fund. Revenues in this fund are from
service charges from other departments, investment
income, and insurance retrospective rating adjustments.
Expenditures are for insurance premiums, self insurance
direct claims, and administration.
Equipment Fund. This fund is used to account for the
replacement and maintenance of the city's fleet of
vehicles. Revenues are from equipment rental charges.
Expenditures are for personal services, materials and
services, and capital outlay.
Trust and Agency Funds
Trust and agency funds account for assets held by a
govemmental unit in a trustee capacity or as an agent for individuals, private organizations, or governmental units,
and /or other funds. These include (a) expendable trust
funds, (b) non expendable trust funds, (c) pension trust
funds, and (d) agency funds.
Cemetery Trust Fund. The Cemetery Trust Fund is a
non expendable trust fund that uses the accrual basis of
accounting. Revenues are from interest income and
perpetual care service charges on cemetery operations.
Expenditures are for the repurchase of plots and transfers
of eamings to the general fund for operations.
Discrete Component Unit
Parks
Parks and Recreation Fund. (Special Revenue Fund)
Revenues are from the parks and recreation portion of the
property tax levy, charges for services, and miscellaneous
sources. Expenditures are for parks and recreational
purposes as well as department operations.
Ashland Youth Activities Serial Levy Fund. (Special
Revenue Fund) Revenues are from a three -year Ashland
Youth Activities local option property tax levy.
Expenditures are for community and youth activities and
recreation.
Parks Capital Improvements Fund. (Capital Projects
Fund) This fund is used to account for resources from
grants and inter -fund transfers that are to be expended for
equipment purchases and major park renovations.
CITY O F
ASH LAN D
Council Communication
Ordinance Amending AMC Chapter 2: Pt 1. Commissions Committees and Boards
Meeting Date: February 2, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E -Mail: appicelr @ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen
Approval: Martha Benne /4g Estimated Time: 10 minutes
Question: l
Should the Council approve Second 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.
Staff Recommendation:
Staff recommends Council approve the Second Reading of this ordinance.
Background:
On January 19, 2010, the Council approved First Reading of this Ordinance without changes.
The following modification has been made to this ordinance since December 15, 2009:
1. Part I.: 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 City 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. [AMC 2.04.030.E.1"
2. Part I: Correction to 2.04.110(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.
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4. Part II: Building Board of Appeals. [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 15) 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.
The following material is unchanged 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:
1. 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:
1. Should Band Board be added (codified)
2. Should "The fifth voting member shall be the City Recorder" be struck in 2.11.010'
[resolved per Res. 2008 -024 12- 23 -09]
3. Should the Airport Commission have a voting member on the Transportation Commission?
4. Should the prohibition on endorsement 2.10.080 be added to the Ethics code?
Specific changes:
1. "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.
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5. Rules and Regulations 2.10.070. combined with Roberts Rules 2.10.075
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 1 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.]
These ordinances [Part I and Part II] present some policy issues for the Council.
1. Power of Liaisons.
All Council liaisons shall be: (choose one)
a. A voting member of the advisory commission, committee or board; or
b. A non voting ex officio member of the advisory commission, committee or board; or
c. A non member Liaison to the advisory commission, committee or board.
All advisory commissions need to be treated the same. The only exceptions concern bodies created
under state laws and the Municipal Audit Committee. City Administration asked that this ordinance
reflect that no Councilor or Mayor be a voting member of an advisory body. This change is included
in this Part I ordinance and Part II. The Forest Lands Commission, Transportation Commission,
Conservation Commission, Historic Commission, Airport Commission, and Tree Commission still
have non- voting ex officio Council members. Other Boards and Commissions have only the default
non member Council Liaison. [Part I 2.04.100.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.
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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 [2.10.075] 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
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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:
(1) Conduct Second Reading of ordinance.
(2) Council can postpone Second Reading.
Potential Motions:
Staff: Conduct Second Reading of Ordinance by Title only.
Council: Motion to approve Second Reading and adoption of the ordinance.
Attachments:
Proposed ordinance
Page 5 of 5
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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 deletions and additions to the code sections being modified.
Deletions are bold tifled-througfh and additions are bold underlined.
WHEREAS, in 2006 -2007 the City Council undertook the task of reviewing the Council
Rules codified in AMC Chapter 2, under which the City Council operates; and
WHEREAS, as part of the Council Rules review, the Council Rules Committee began a
review and discussion of the rules under which its advisory boards and commissions
operate and the relationship of the Council and Mayor to such bodies; and
WHEREAS, the City Council desires to complete the work of the Council Rules
Committee as it relates to Additional Council Rules [this ordinance] as well as Uniform
Policies and Operating Procedures for Advisory Bodies [separate ordinance]; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC 2.04.030 E. [Postponing Agenda Items] is hereby amended to read
as follows:
E. Postponing Agenda Items.
1. If a Councilor will be absent from an upcoming regular meeting, the
Councilor may request during a regular meeting that consideration of an agenda
item be postponed to a future regular meeting. The request will be honored if the
majority of the Council votes in favor of postponement and the matter is not time
sensitive.
2. If the request to postpone is made outside a regular Council meeting, the
Councilor requesting the postponement shall submit a request to the Mayor or
City Administrator in writing or by email as early as possible. The request to
postpone will be honored unless the majority of the Council at the public
meeting votes not to postpone the item or if the matter is time sensitive.
3. If time expires before the City 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
Page 1 of 9
automatically continued to the next regularly scheduled Council meeting.
;AMC 2.04.030.E.1"
SECTION 2. AMC 2.04.090 [Commissions, Committees, and Boards] is hereby
amended to read as follows:
2.04.090 Commissions:, and Boards
A. Establishing Commissions and Boards.
Commissions and boards originate from different sources, including
Oregon State Statute, City Charter and Municipal Code; others are
established by direction of the Mayor or the City Council. Advisory
Commissions and Boards which are permanent FReqularl shall be codified
in AMC Chapter 2, including but not limited to Forest Lands Commission,
Planning Commission, Transportation Commission, Planning Hearings
Board, Public Recreation Commission, Public Arts Commission,
Conservation Commission, Ashland Airport Commission, Housing
Commission, Historic Commission, Tree Commission, and the Municipal
Audit Commission. AMC 2.10 contains code common to all Appointed
Commissions and Boards.
B. Council -Ad -hoc Committees and Task Forces.
The Mayor 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 by uniform
rules and procedures set forth in AMC 2.10 and such other rules as
prescribed by the order establishing such ad hoc entities. Committees or
task forces shall make recommendations by way of a formal report to the
City Council. The Mayor or City Administrator may refer matters to the
appropriate ad hoc committee or task force. The Mayor with the consent of
the Council shall appoint the membership of such committees or task
forces. Members of Regular Boards and Commissions may be appointed
to ad hoc committees and task forces. The City Administrator shall by
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, change the recommendations, take no action, remand
the matter back to the ad hoc body or take any other action it sees fit. The
Council by majority vote may remove a member of an ad hoc committee or
task force at any time, with or without cause. The City Council by maiority
vote may amend or dissolve an ad hoc committee or task force.
C. Regular Commission and Board Membership Appointments.
Page 2 of 9
Except for the Municipal Audit Commission (AMC 2.11), all committees and
boards not required 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 request assistance or recommendations from Councilors in making
appointments. In the Mayor's absence, any necessary appointment may be
made by the presiding officer with the consent of the Council. When
necessary, the Mayor shall stagger 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 (2) regular board or commission positions at a
time. This rule shall not apply to the Planning Hearing Board. Because
broad citizen participation is encouraged, the Mayor and Council shall give
due consideration to appointment of new qualified members before re-
appointing a person to more than three (3) full terms on any single regular
board or commission.
D. Mayor Membership on Ashland Budget Committee.
For the purpose of local budget law, the Mayor is a member of the
governing body of the City of Ashland. and shall be a voting member of the
budget committee.
E. Student Membership on Regular Commission s. and Boards. Committees:
The Mayor with the consent of the City Council may add to the membership
of any city commission or board up to two positions for student liaisons.
The student liaisons shall be non voting ex officio members of their
respective commissions or boards. Once the liaison positions have been
added, the liaison from the high school shall be a high school student
chosen by the Ashland High School Leadership class and the liaison from
the university shall be a university student chosen by the Associated
Students of Southern Oregon University Student Senate. Student Liaisons
need not be appointed to every advisory commission or board.
F. Regular Membership Removal Process.
The City Council, with or without cause, may by majority vote of the City
Council at a regular meeting, remove any regular 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 resigns or is removed,
the Mayor shall appoint a replacement for the remainder of the term in
accordance with paragraph C. above. Notwithstanding the above
procedure, removal of a Planning Commissioner shall be governed by the
procedures in ORS 227.030. Hearings under ORS 227.030 are hereby
delegated by the governing body to the City Administrator or Hearings
Page 3 of 9
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 change or dissolution requires an ordinance amending the Municipal
Code.
SECTION 3. AMC 2.04.100 [Operating Policies and Procedures Commissions,
Committees and Boards] is hereby amended to read as follows:
Beards
A Publi Meetin 1 n
BR R o f Order
�iberattef.
D Agenda and Minut
E. Absences.
F. Quorum.
GrCede-ef-E-thiss7
I. Goals.
J. Role of Staff.
L. Number of MSSSingc.
M. Netice:
P. Expcnccs.
n C ..,isle
SECTION 4. AMC 2.04.110 [Council Liaisons] is hereby amended and renumbered to
read as follows:
2.04.100 440 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 voting member of the advisory
body, not a regular voting member and shall not serve as Chair,
unless the Ashland Municipal Code specifically requires the Liaison
Page 4 of 9
to serve as Chair or in a voting capacity. Notwithstanding the above,
the Council Liaison to the Planning Commission shall be considered
a non member Liaison and not an ex- officio member as regards
quasi judicial 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 interacting with the
such entities.
3. City Councilors may attend meetings of City Advisory Boards
and Commissions and other ad hoc entities as citizens of Ashland.
When attending 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 regular meetings of the Commissions and
Boards, or Ad hoc Committees or Task Forces to which they have
assigned. In the event a liaison has difficulty attending, the liaison should
find an alternate to attend or review the video or other record of the
proceeding. In the event of a continuing scheduling conflict, the Liaison
should ask the Mayor to be reassigned. Liaisons shall not attend quasi
judicial proceedings when the final appeal or final decision is or could
come before the City Council.
C. Deliberations.
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, Council liaisons to City advisory bodies should
not attempt to direct debate, lobby, or otherwise influence the direction or
decisions of any advisory body to which he or she has been assigned.
Council liaisons are encouraged to field and answer questions as
appropriate for an ex- officio member of the advisory body. Undue
influence over the decisions of any City advisory body shall be grounds for
removal of a Liaison assignment under paragraph I below.
D. Respect for Presiding Officer.
City Councilors attending advisory body meetings as liaisons shall accord
the same respect toward the Chair and other members as they do towards
the Mayor, Presiding officer or each other.
Page 5 of 9
E. Council Information.
City Councilors will inform the advisory bodies to which they have been
appointed liaison of Council agenda items and Council decisions that may
be of interest to the advisory body. Liaisons shall also encourage advisory
board members to attend Council meetings to keep abreast of Council
action, policy matters and the activities of the city. To facilitate the above,
and notwithstanding any other provision of the Code, the Chair of an
advisory body shall periodically place on the Agenda for the advisory body,
an item labeled "Report of Council Liaison
F. Role of Liaison as Regards Vacancies.
The Council liaison for each advisory body, together with the advisory
body chair and assigned staff liaison will make recommendations to the
Mayor for appointment of citizens to fill vacancies on their respective
advisory bodies.
G. Vacancies. Reporting to the Council.
Council liaisons shall periodically report to the entire Council on significant
and important activities of each advisory body to which they have been
assigned. Each advisory body should be invited to give a short annual
presentation to the Council. Liaisons may seek assistance from the
relevant staff liaison to accomplish this reporting 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 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 making appointment decisions. Liaison appointments shall
be for a term of one year unless otherwise expressly stated. 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 expressing a preference for an specific appointment..
d. Removal from a Liaison Assignment
The Mayor or a Councilor may be removed for any reason from a specific
liaison position or assignment upon two- thirds vote of the entire Council.
2.04.110 Council Representatives to State, Regional, Community, and other
External Organizations.
Page 6 of 9
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, Regional, and Community organizations. In all cases,
the City's representative will follow the bylaws and guidelines
for service of the organization to which they have been
appointed.
2. The purposes of serving as an official Representative to State,
Regional, Community, and other external organizations are to
ensure effective working relationships with other agencies and
organizations, ensure that Ashland uses all possible avenues
to achieve community goals; achieve City Council goals 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
projects 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. Representing a position
other than the official position of the City of Ashland is
grounds for removal under paragraph E.
4. City Representatives serving as voting members on another
organization's Board of Directors (such as the Rogue Valley
Council of Governments) should work in the best interest of
that organization when not in conflict with best interest of the
City of Ashland. When presented with a conflict, the member
shall declare the conflict and, if necessary, recuse himself
herself from the matter.
5. If the City Councilor serving 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 agenda in accordance with AMC 2.04.030 for full
City Council action.
6. City Council members may attend meetings of state, regional,
and community organizations as citizens of Ashland When
attending as a citizen, Council members must identify their
comments as personal views or opinions not a representation
of City Council policy.
Page 7 of 9
B. Attendance.
Representatives should attend all regular meetings of the organizations to
which they have assigned. In the event a Councilor has difficulty
attending, the Representative should find an alternate to attend on the
City's behalf. In the event of a continuing scheduling conflict, the City
Representative should ask the Mayor to be reassigned.
C. Reporting to the Council.
Council Representatives shall periodically report to the entire Council on
significant and important decisions activities of each state, regional, and
community organizations to which they have been assigned. Council
members may also request that representatives of these organizations may
be invited to give 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, regional, and community organizations to which the City is
entitled to an official delegate. The City Council shall confirm these
appointments.
2. The Mayor and City Councilors may also be invited by external
organizations to represent either the City of Ashland or "Cities" in
general. In these cases, the Mayor or Councilor that has been asked
to serve will inform the City Council in a regular meeting of the
assignment and request that the City Council confirm the
appointment.
3. Councilors interested in a particular subject 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 making appointment decisions. City Representative
appointments shall be for a term of one year unless otherwise
expressly stated. 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 expressing a
preference for an specific appointment...
E. Removal from a Representative Assignment
The Mayor or a Councilor may be removed for any reason from a specific
representative position or assignment upon two- thirds vote of the entire
Council.
Page 8 of 9
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- lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
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.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 9 of 9
CITY O F
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2: Pt 2. Commissions Committees and Boards
Meeting Date: February 2, 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$/t0 Estimated Time: 10 minutes
Question: vv
Should the Council approve Second Reading of an ordinance providing for uniform polices and
operating procedures for advisory commissions, committees and boards?
Staff Recommendation:
Staff recommends Council approve the Second Reading of this ordinance.
Background:
On January 19, 2010, the council approved First Reading of this Ordinance with changes to section
2.13.020.
[The Agenda item below is unchanged from the January 19, 2010 version. A summary of changes
to Part I and Part II is included in the Council Communication for the companion Part I ordinance/
Earlier this year the Conservation Commissiori 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 staff review the work of the 2007 City Council Rules Committee which
included establishment of uniform policies and operating procedures for all commissions, committees
and boards. [See attached 5/29/07 draft specifically numbered paragraph 10 regarding Uniform Rules
which corresponds with the outline presently in AMC 2.04.100.] The attached ordinance [Part 2} is an
expansion of the 5/29/07 draft created by the Council Rules Committee only as it related to paragraph
10.
Another ordinance [Partl] concerns the relationship of the Mayor and Council to the Commissions,
e.g. appointment, removal, and roles of the liaison. [See attached 5/29/07 draft specifically numbered
paragraphs 9 Commissions and I Liaisons which corresponds with the outline presently in AMC
2.04.090 and AMC 2.04.110.]
This Ordinance does the following:
1. Creation of a New Chapter 2.10 Uniform Policies and Operating Procedures for Advisory
Commissions, Committees and Boards. This new Chapter builds on the outline presently in
the Ashland Municipal Code [AMC 2.04.100] 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
Page 1 of 2
Vr,
CITY O F
ASHLAND
provisions now made duplicative in subsequent chapters for individual commissions are
removed.
2. Two Commissions and one Committee are added to the Code and corresponding resolutions
repealed. The Municipal Audit Committee, Forest Lands Commission, and Housing
Commission, are now codified in Chapters 2.11, 2.15 and 2.19 respectively.
3. Existing Code for each of the regular Commissions is amended to delete matters covered by
the Uniform Rules Chapter 2.10. Essentially, with few exceptions, individual Commission
chapters are reduced to formation and powers and duties.
4. The substantive Public Art process which was inappropriately included in the Public Art
Commission Chapter 2.17 is removed and placed in a new Public Art Chapter 2.29
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve Second Reading of the ordinance.
(2) Council can postpone Second Reading.
Potential Motions:
Staff: Conduct Second Reading:
Council: Motion to approve Second Reading and adoption of the ordinance.
Attachments:
Proposed ordinance.
Page 2 of 2
Pig u
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, A
NEW CHAPTER 2.22 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 ASHLAND AIRPORT COMMISION, AMC
2.24 HISTORIC COMMISSION, AMC 2.25 TREE COMMISSION,' AMC 2.56 BAND
BOARD, REPEALING RESOLUTIONS 1995 -25, 1996 -18, 2003 -07 and 2007 -15, AND
CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART AND AMENDING
CHAPTER 15.04
Annotated to show deletions e and additions to the code sections being modified.
Deletions are bold lined- through and additions are bold underlined.
WHEREAS, in 2006 -2007 the City Council undertook the task of reviewing the Council
Rules codified in AMC Chapter 2, under which the City Council operates; and
WHEREAS, as part of the Council Rules review, the Council Rules Committee began a
review and discussion of the rules under which its advisory commissions, committees
and boards operate; and
WHEREAS, in various Ordinances and Resolutions, the City has established numerous
commissions, committees and boards as a means of providing detailed study, action
and recommendations to the Council; and
WHEREAS, the City Council desires to complete the work of the Council Rules
Committee as it relates to Additional Council Rules [separate ordinance] as well as
Uniform Policies and Operating Procedures for Advisory Commissions, Committees and
Boards [this ordinance]; and
WHEREAS, the City Council wishes to codify Regular Commissions such as Housing
Commission, Forest Lands Commission and the Municipal Audit Committee (now
Commission) in the Ashland Municipal Code and edit existing ordinances to reduce
duplication; and
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] is hereby added to the Ashland Municipal Code to
read as follows:
Page 1 of 52
2.10 Uniform Policies and Operating Procedures for Advisory Commissions and
Boards
2.10.005 Purpose. Advisory commissions and boards (advisory bodies) require
uniform rules, policies and operating procedures to assure maximum productivity
and fairness for members and the public. Except where otherwise provided in
this Code, the following policies and procedures govern all the City's
commissions and boards, as well as ad ho entities. Nothing herein removes the
requirement for compliance with more specific regulations and guidelines 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 original members
of an advisory commission or board, shall have a three (3) year term, except as
otherwise provided in the appointment order. Notwithstanding the three year
limitation, Planning Commissioners shall serve four (4) year terms. All regular
terms shall commence with appointment and shall expire on April 30 of the third
year, unless otherwise provided in the appointment order. The appointing
authority may stagger terms in the original appointment order as necessary.
Members may serve three (3) terms on any single commission or board, after
which time the Mayor and Council will give due consideration to other qualified
candidates before making 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 Meetings and Attendance. Unless otherwise provided by law, the
number of meetings related to business needs of an advisory commission, or
boards may be set by the advisory body. All members are expected to attend all
regularly scheduled meetings, study sessions and special meetings, when
applicable. If a member will be absent from a meeting the member must notify
the chair or the staff liaison at least two hours prior to the meeting. 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 attending a minimum of two- thirds (2/3) of all
scheduled meetings (inclusive of study sessions and special meetings) shall be
considered inactive and the position vacant. Attendance shall be reviewed by the
commission or board during the regularly scheduled meetings in January and
July, with a report sent to the Mayor and City Council advising of the need for
appointment or re- appointment, if necessary.
2.10.030 Removal. See AMC 2.04.090.F.
Page 2 of 52
2.10.035. Public Meeting Law. All meetings of advisory commissions and boards
are subject to strict compliance with public meeting laws of the State of Oregon.
Notwithstanding notice requirements under Oregon law, advance notice of at
least 36 hours shall be provided for all meetings. Notice shall be sent to a
newspaper with general local circulation and posted on the city's website. In the
case of emergency or when a state of emergency has been declared, notice
appropriate to the circumstances shall be provided and reasons justifying the
lack of 36 -hour notice shall be included in the minutes of such meeting.
2.10.040 Quorum -and Effect of Lack Thereof. A quorum shall be determined by
dividing the number of regular members of the body by two and adding one or, in
the case of a fractional result, rounding up to the next whole number. Non voting
ex officio members, staff and liaisons do not count toward the quorum. A
majority of the quorum is necessary to adopt any motion. Members need not be
physically present at a meeting if another means of attendance (e.q. telephonic,
Internet etc.) has been established by the membership and public meetings law
requirements are met. If there is no quorum for a meeting, no official business
shall be conducted and all matters advertised shall automatically be continued to
the next regularly scheduled meeting.
2.10.045 Council Liaison. See AMC 2.04.100.
2.10.050. Election of Officers, Secretary, and Subcommittees. At its first meeting
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 serve as an officer for more than two consecutive terms. Without
the need for an appointment, the head of the City Department staffing the
commission, committee or board shall be the Secretary and shall be responsible
for keeping an accurate record of all proceedings. The Department head may
delegate such tasks to a staff liaison. Subcommittees may be formed for the
purpose of gathering information and forming a recommendation to be brought
forward to the full advisory body. Provided however, only the full body can make
recommendations to the City Council. Subcommittees must comply fully with the
requirements of Oregon Public Meetings law.
2.10.055. Role of Staff. At least one staff person is assigned to work with each
advisory commission or board. The staff liaison provides professional guidance,
continuity, and insight into City policy and attends all regular and special
meetings and workshops. The staff liaison supports the group 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 group. If additional staff time is needed
the request should be made to the City Administrator or appropriate Department
Head.
2.10.060 Agendas and Minutes. The chair or staff liaison will be responsible for
the agenda of all meetings of advisory commissions and boards. A member or
Page 3 of 52
staff liaison will be responsible for taking minutes. Agendas and minutes will be
posted on the city's web site. Members are encouraged to access those
documents from the web site. Staff will email or mail documents to members
upon request. The Council Liaison shall periodically be given the opportunity to
report to the commission or board.
2.10.065. Goals. Advisory commissions and boards are encouraged to establish
annual goals and action items that reflect the body's charge as stated in the
specific commission ordinance. Advisory bodies are expected to suggest,
support and advance Council goals and are encouraged to look for ways within
their own unique responsibilities to do so.
2.10.070. Rules and Regulations. The advisory commission or board may make
such rules and regulations as are necessary for its governance, including the
conduct of meetings, when not inconsistent with Ashland City Charter, Ashland
Municipal Code or Oregon 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 meeting 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 proceedings.
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 and boards must be independent, impartial, responsible
and not use their position for personal gain or to benefit or harm others.
Advisory commissions and boards shall operate in the general public interest
serving 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 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.
2.10.085. Deliberation. It is the duty of the chair or presiding officer to ensure that
each member has the opportunity to speak. Members speak only for themselves
and shall be open, direct and candid. Members shall strive to deliberate to a
decision and shall rely upon the chair to keep the discussion moving. No
member shall speak more than once until every member choosing to speak shall
have spoken or waived their right to do so. No member shall speak more than
twice on the same motion without leave of the presiding officer.
2.10.090. Council as Final Decision- Maker. With the exception of certain
delegated quasi judicial actions, most advisory commissions and boards do not
make final decisions subject to appeal but rather make recommendations to, or
Page 4 of 52
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. Subject to the acceptance of the City Council, an advisory body
may receive gifts, 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 gift, bequest or devise, shall be segregated from
other funds for use with the approval of the City Council.
2.10.100 Budget, Compensation and Expenses. Money is set aside in department
budgets for Commission and Board expenses. Should an advisory body require
additional funds, requests should be submitted to the department head through
the staff liaison. Regular 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
training or conferences 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 binding on the mayor or city council.
2.10.110. Lobbying and Representing 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 meeting. Unless specifically directed by the
City Council to state the city's official position on federal, state or county
legislative matters, no lobbying before other elected bodies or committees will be
undertaken by members of advisory commissions and boards. An individual
member is free to voice a position on any issue as long as it is made clear that
the speaker is not speaking as a representative of the city or as a member of an
advisory commission or board. Advisory body members are prohibited from
engaging 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).
Page 5 of 52
2.11.010. Municipal Audit Commission Established. The Municipal Audit
Commission is established and shall consist of four (4) voting members.
Notwithstanding any other provision of the Ashland Municipal Code, four voting
members shall be appointed by the city council and shall consist of the Mayor or
a Councilor, one Budget Committee member, and two citizens at large. The City
Recorder shall be an ex- officio non voting member.
2.11.015. Modified Terms and Qualifications
A. Terms. Notwithstanding any other provision of the Ashland Municipal Code,
the terms of the Mayor or Councilor, Recorder and Budget Committee member
shall be for one -year each expiring on April 30 of each year. All other terms shall
be as provided in AMC 2.10.020.
B. Qualifications. In making the citizen at large appointments, the council shall
give preference to persons with accounting or auditing experience, background
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. Analyze and report to the council significant findings in the annual audit
report and make recommendations regarding such findings.
C. Make recommendations, if any, to the council regarding the following
financial documents:
1. Annual financial statements,
2. Management letter submitted by the independent auditor, and
3. Response to management 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 meetings.
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 growth
forest ecosystems on city -owned forest lands to provide high quality water for
domestic supply. The role and responsibilities of the Forest Lands Commission
Page 6 of 52
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) voting members including a representative of the
Ashland Parks Commission. The Commission may also consist of certain non
voting ex- officio members, including a representative of the USDA Forest Service
Ashland Ranger District, a representative of the Oregon Department of Forestry, a
member of the City Council, a representative from the Tree Commission, the
Director of Public Works, Director of Planning, Fire Chief, Police Chief, Parks and
Recreation Director or their designees.
2.15.015 Powers and Duties Generally. The powers, duties and responsibilities
of the Forest Lands Commission shall be as follows:
A. To implement the Ashland Forest Plan developed and adopted by the
City of Ashland in June, 1992.
B. To provide integrated, interdisciplinary direction and oversight for the
development of forest ecosystem management plans and related activities
in the Ashland watershed.
C. To develop a strong community volunteer program to assist in the
implementation of the Ashland Forest Plan.
D. To submit recommendations to the City Council regarding forest
management.
E. To ensure that plans integrate the forest management needs and
concerns of the City and of private land owners in the wildland urban
interface.
F. To promote public knowledge and acceptance of the Ashland Forest
Plan programs.
SECTION 4. A new Chapter 2.19, [Housing Commission], is hereby established to
read as follows:
2.19. HOUSING COMMISSION
2.19.005 Purpose and Mission The mission of the Ashland Housing
Commission is to encourage housing that is available and affordable to a wider
range of city residents, to enhance cooperation between the public and private
sectors, to encourage financial entities to support housing programs in the city,
Page 7 of 52
to coordinate housing and supportive services programs and to educate the
citizenry and promote public knowledge and understanding of the benefits of
affordable housing.
2.19.010 Established- Membership The Housing Commission is established and
shall consist of nine (9) voting members and one (1) non voting ex- officio
member who shall be the City Housing Program 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 housing and supportive
services programs;
B. To recommend housing 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;
D. To review and make recommendations to the City Council on the
Housing Trust Fund and related allocations;
E. To investigate federal, state, county and private funding for
implementation of city housing programs;
F. To act in an advisory capacity and to provide advice and guidance to the
City Council and other commissions on housing related matters;
G. To oversee the dissemination of accurate information on the city's
housing supply and affordability;
H. To monitor projects funded with the Community Development Block
Grant (CDBG) and the Housing Trust Fund;
I. To foster public knowledge and support of official city housing programs
SECTION 5. Chapter 2.12, (Planning 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 consisting 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
Page 8 of 52
outside the City limits. Appointments shall conform to the legal constraints of ORS
227.030.
Pla C
2,1-2-.-020-(Repeated)
1
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
Page 9 of 52
Commission reviews and makes recommendations regarding
comprehensive land use planning and fosters mutual communication on
land use issues. The Commission is responsible to the City Council for
making recommendations on land use plans and policies that are
coordinated with other City plans, policies, and functions.
B. The Planning Commission shall have the powers and duties to:
1. Periodically review the Comprehensive Plan and make
recommendations to the City Council on public processes, studies,
and potential revisions to the Plan. Work in conjunction with other
City citizen advisory commissions, 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.
2424170-(Repeated)
r
Page 10 of 52
SECTION 6. Chapter 2.13, [Transportation Commission], is hereby amended to read
as follows:
2.13 Transportation Commission
2.13.010 Purpose and Mission. F tahlishcd 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.
B. Mission. The need for a Transportation Commission is emphasized in the
Transportation Element:
"Ashland has a vision to retain our small -town character even while we
grow. To achieve this vision, we must proactively plan for a transportation
system that is integrated into the community and enhances Ashland's
livability, character and natural environment. ...The focus must be on
people being able to move easily through the city in all modes of travel.
Modal equity then is more than just a phase. It is a planning 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."
all mo d e s o f T ranspo .iati on
pnagramst
7 Pl ann i ng:
Page 11 of 52
t make. m e ,ity a ali4..
governmental e
V atIoy.
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.
chair' c. term o anon
B. Non voting Ex Officio Membership. The Director of Public Works or designee shall
serve as the primary staff liaison and as Secretary of the Commission. Including the
staff liaison, there will be cloven (11) twelve (12) 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, Airport
Commission.
member,
2.13.030. Powers and Duties, Generally. The Transportation Commission will
review and make recommendations on the following topics as it relates to all
modes of Transportation:
1. Safety: will develop, coordinate and promote transportation safety
programs;
2. Planning:
Page 12 of 52
Will review and serve as the primary body to develop recommendations to
the City' s long range transportation plans.
Will review and make recommendations in Type III Planning Actions
during the pre application process.
3. Funding: will make recommendations to the City' s transportation
section of the Capital Improvements Program;
4. Advocacy: will advocate and promote all modes of transportation to
make modal equity a reality.
Facilitate coordination of transportation issues with other governmental
entities.
Select one or more member liaisons to attend and participate in meetings
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 regulations to the Public Works Director for
final approval and implementation of official traffic safety and functional
activities.
2 T orm an d Va
n
Page 13 of 52
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 concems by
reducing the number of routine and general non routine traffic items that come
before the full Commission and to insure the Transportation 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 any one 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.
Page 14of52
E. Minutes. All Traffic Sub Committee action minutes will be forwarded to the
following Transportation Commission meeting.
2A-3460-Reports
SECTION 7. Chapter 2.17, [Public Arts Commission', is hereby 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 Dpr.,itions
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Page 15 of 52
an-y-means.
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the Council.
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Page 16 of 52
meeting
p
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.
Page 17 of 52
2r1-77060-Rules-and-Regulations
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 18 of 52
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.
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Page 19 of 52
received Fr i par ties
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Page 20 of 52
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Page 21 of 52
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Page 22 of 52
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Page 23 of 52
artist
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Page 24 of 52
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Page 25 of 52
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Page 26 of 52
by
SECTION 8. Chapter 2.18, [Conservation Commissionl, is hereby amended to read as
follows:
2.18 Conversation Commission
2.18.010 Established- Membership
The Conservation Commission is established and shall consist of nine u 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.
Page 27 of 52
7 Q 020 T V
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2 Qu R and M
commission.
2.18.040 Powers and Duties Generally
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
2.48.050 Reports
eouncil.
Page 28 of 52
r l
e
1LTfV�i f6�
SECTION 9. Chapter 2.21, [Cable Access Commission], is hereby amended to read as
follows:
2 Dpfi..itipns
i vcd.
30 T a a nc ies
QFFRS�Vcwvriv:..a
vacant
Page 29 of 52
moot a 4 least a other m nth
The-Commission-shall;
2 Anneals
2724,080-Reports
Page 30 of 52
Council,
SECTION 10. Chapter 2.24, [Historic Commission], is hereby 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.
2 Tcrm Vpcpncips
(Ord 9A99_A S •1980• Aral 253A •1989)
r r r
Page 31 of 52
2.24.040 Powers and Duties Generally
The powers, duties, and responsibilities of the Historic Commission shall be as follows:
A. To survey and recommend to the City Council, areas or properties of significant
historical value and interest to be designated historical properties;
B. To draft and recommend ordinances and other measures designed to protect and
foster interest in the improvement of designated historical properties;
C. To review literature and sources of funding concerning the protection and
improvement of designated historic properties;
D. To review and make recommendations concerning the improvement of designated
historic properties in connection with the issuance of building permits, zone changes,
conditional use permits, variances, sign permits, and site reviews;
E. To review and recommend project applications for funding;
F. To promote public support in the preservation of Ashland's historic past;
G. Advise citizens on aesthetic standards for historic areas.
2,24r060-Repects
Commiccion.
SECTION 11. Chapter 2.23, [Ashland Airport Commission], is hereby amended to
read as follows:
2.23 Ashland Airport Commission
Page 32 of 52
2.23.010 Established Membership
There is hereby established an Ashland Airport Commission which shall consist of nine
(9) voting members,
and two one -(1) u non voting ex officio
members who shall be the Director of Public Works and the Council person
appointed by the Mayor as liaison to the Commission,.
2.23.015. Qualifications. In making the appointments, the Mayor and Council
shall appoint members such that the majority of the Commission has either
education, training, experience or other expertise in airports, aircraft, aeronautics
or engineering. A member shall not be disqualified for purposes of appointment
or official action simply by being a member of a class of airport users, including
but not limited to pilots, airplane owners or airport lease holders.
2.23.020 Term V.sies
the-vasency.
2. 23 030 Quorum R a nd Meeti
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.
Page 33 of 52
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.
272370-50-Reports
SECTION 12. Chapter 2.25, [Tree Commission, is hereby amended to read as
follows:
2.25 Tree Commission
2.25.005 Purpose The Tree Commission shall provide advice and guidance to
commissions, the Council and city departments on all tree related matters and to
involve citizens in protecting Ashland's urban forest.
2.25.010 Established Membership
The Tree Commission is hereby established
0 2 0 but-in-no-case-and-shall consist of no's -be less than five members nor more
than seven voting members. There shall also be and three non voting ex officio
members consisting of a member of the City Council, a representative of the
Community Development Department and a representative of the Parks and Recreation
Department.
2 T.,.... V pcanc i os
Page 34 of 52
the-vacancy.
2.25.030 Quorum Rules and Meetings
Notwithstanding 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.
2.25.040 Powers and Duties Generally
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.
Page 35 of 52
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.
245450-Reports
such- aceountr
SECTION 13 A new AMC Chapter 2.22, [Building Board of Appeals], is hereby added
from deleted moved sections of AMC Chapter 15 to read as follows:
2.22 Building Board of Appeals
2.2.010 Established Membership
There is established a Building Board of Appeals consisting of six (6) voting
members, including one planning commission member, who are qualified by
experience and training to pass upon matters pertaining to building related
activities and the demolition and relocation of buildings. Qualified experience and
training includes but is not limited to the following: general contractor, engineer,
architect, electrician, plumber, heating and air conditioning, sign installation or
building construction. In addition, at least one member shall also have
experience, knowledge or an interest in demolition- debris recycling. The Building
Official shall be an ex officio non voting member and shall act as Secretary of the
Board, except that the Building Official shall not serve as an ex- officio member
for appeals of Administrative Penalties.
2.25.040 Powers and Duties Generally
Page 36 of 52
In a properly filed appeal pursuant to AMC Chapter 15, the Building Board of
Appeals shall have the following powers, duties and responsibilities:
A. to determine the suitability of alternate materials and methods of
construction;
B. to provide for reasonable interpretations of the provisions of standards
applicable to building and related activities administered through this city;
C. to consider appeals as the Demolition Review Committee;
D. to hear appeals of the imposition of Administrative Penalties
E. to hear appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of this code.
The Board shall adopt reasonable rules and regulations for conducting its
investigations and appeals and shall render all decisions and findings in writing.
The Board, with the consent of the Community Development Director, may hire a
hearings officer to conduct appeal hearings when necessary and provide a
recommended disposition to the Board
SECTION 14 AMC Chapter 2.56, [City Band], is hereby amended to read as follows:
2.56 City Band
2.56.010 Band Board Established Membership
The Ashland Band Board is established and shall consist of six voting members
appointed by the mayor with confirmation by the council. The board shall also consist of
one non voting ex officio member, who shall be the director of the band.
2. 56 020 Q uorum R an d M
Page 37 of 52
serve in th abse e f Ewe p h p i r
2.56.025 Powers and Duties Generally
The powers, duties and responsibilities of the Ashland Band Board shall be as follows:
A. General supervision and control over the Ashland City Band.
B. When requested, report Reperkt at least annually to the mayor and city council
of the activities of the band.
C. On or prior to December 15 of each year, report to City Administrator the
mayor as to the activities and welfare of the band.
D. Determine compensation for the band director and members in accordance with
the band's approved budget.
2.56.030 Director Appointment, Duties, Compensation
A.
recommendation of the Band Board, the City Administrator shall appoint a band
director.
B. The director shall:
1. Promote, organize and direct the Ashland City Band;
2. Select the musicians for the band,
3. Appoint a band secretary who shall keep minutes of all band board
meetings, records of the organization and shall particularly keep a careful and accurate
record of attendance by all members. The secretary shall serve at the pleasure of the
director and perform such other duties as may be assigned by the director.
4. Appoint a band librarian, who shall have charge of and shall carefully keep
all the sheet music now owned or hereafter acquired by band. The librarian shall keep
proper and complete records of all property placed in the librarian's custody and shall
make a proper inventory and accounting thereof at the end of the year. The librarian
shall serve at the pleasure of the director and perform such other duties as may be
assigned by the director.
5. Appoint a quartermaster who shall have charge of and shall carefully keep
all band uniforms and other property which is now owned or may hereafter be acquired
by the band. The quartermaster shall serve at the pleasure of the director and perform
such other duties as may be assigned by the director.
Page 38 of 52
6. Perform such other services as may be reasonably requested by the band
board
2.56.040 Budget
Prior to the preparation of the City budget each year, the band board shall cause a
careful estimate to be made of the band's needs for the ensuing year in view of the
funds to be available and shall submit same to the director of finance for consideration
with the other budgetary matters. Through the city's budget process, the City Council
shall fix and determine the Band's budget for the ensuing year.
2.56.060 Performances
The City Band shall present not less than ten concerts, including the Fourth of July
parade, during each summer season.
SECTION 15. Continuation of Existing Appointments and Savings Clause.
Notwithstanding any other provision of this Ordinance, currently seated
Commission, Committee and board members, (voting and non voting), 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 original 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. Notwithstanding 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 during the times said ordinances resolutions or Code
provisions were operative. This section simply clarifies the existing situation that
nothing in this ordinance affects the validity of prosecutions, applications or
actions commenced and continued under laws in effect at the time the matters
were originally 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.
SECTION 20 A Section 15.04.200 [Board of Appeals], is hereby amended to read as
follows:
Page 39 of 52
15.04.200 Board of Appeals Appeal Procedure
A Appeal Procedure. Any: (a) final decision relating to the suitability of
alternate materials and methods of construction or (b) final decision of the
demolition review committee or (c) an interpretation or final decision by the
building official, including the imposition of administrative penalties, with regard
to the City of Ashland Building Code may be appealed to the Building Board of
Appeals in conformance with procedures provided in the applicable section of
the building 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 comply with the applicable appeal requirements,
including but not limited to time for filing and payment of the applicable appeal
fee, if any, shall be a jurisdictional defect and shall subject the appeal to
summary dismissal in accordance with subsection (2) of this section. When the
specific applicable code does not contain an appeal timeframe, the time to appeal
a decision (including administrative penalty) or interpretation shall be 15 days,
Page 40of52
unless an order to vacate has been posted, in which case it shall be within 10
days. The board of appeals may charge an unsuccessful appellant the cost of the
appeal, including the cost of a hearing officer, if the board makes findings that
the appeal is frivolous and either finds against the appellant after a hearing or
dismisses the appeal. Failure to pay the costs within 60 days of receipt of said
billing shall result in a lien on the appellant's property.
B. Scheduling. The building official shall schedule a meeting of the board
within 30 working days of the filing of the appeal. The board of appeals shall
determine at this meeting whether to grant a hearing or dismiss the appeal. The
appeal shall be dismissed if the board finds that the appeal does not meet the
criteria in subsection (1) of this section. If the appeal is dismissed, the building
official's decision is final. The hearing shall be held as soon as reasonable, after
the board meeting. The decision and findings shall be mailed to all persons who
appeared before the Board. The Administrator of the State Building Codes
Division shall be furnished copies of decisions interpreting state building code
requirements.
SECTION 21. A Section 15.04.230 [Violation- Penalty], is hereby amended to read as
follows:
15 Vi P
r r r
1 1 1
SECTION 22. A Section 15.04.260 [Violation- Penalty], is hereby added to read as
follows:
15.04.260 Violation Administrative Penalty
A. It shall be unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use
occupy or maintain any building or structure in the City or cause the same to be
done contrary to or in violation of any of the provisions of this title.
Page 41 of 52
B. The Building Official, and his /her designee is specifically authorized to
impose a civil penalty for any violation of the Building Code, including an order of
the Building Official to remedy such violation. The civil penalty shall be served in
a "Notice and Order Imposing the Civil Penalty" for the violation. The Notice
shall:
1. Describe the alleged violation, including any relevant code provision
numbers, ordinance numbers or other identified references; and
2. State that the City of Ashland intends to assess a civil penalty for the
violation and states the amount of the civil penalty; and
3. State that the party may challenge the civil penalty by filing an notice of
appeal to the Building Board of Appeals within 15 days of service of the Notice as
provided in AMC Chapter 15.
C. The civil penalty may not exceed the maximum civil penalty amount
authorized for an equivalent specialty code violation under ORS 455.895, subject
to the limitations in the Ashland City Charter. Any person, firm or corporation
violating any of the provisions of this title shall be deemed guilty of an offense
and each such person shall be deemed guilty of separate offense on each and
every day or portion thereof during which any violation of any of the provisions of
this ordinance is committed, continue or permitted and upon conviction of any
such violation. The civil penalties provided herein are in addition to and not in
lieu of any other remedy for enforcement available to the City including but not
limited to increased permit or investigative fees, injunctive relief or any other
remedy.
SECTION 23 A new AMC Chapter 2.29, [Public Art], is hereby added from deleted
moved sections of revised Chapter 2.17 to read as follows:
2.29 Public Art.
2.29.005 Definitions
A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art
Collection by any means including direct purchase, commission or acceptance of
a gift.
B. "Artwork" means visual works of public art as defined herein.
C. "Ashland Public Art Collection" means all public art acquired by the City by
any means.
D. "Capital improvement program (CIP)" means the city' s program for advance
planning of capital improvements.
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E. "City project" or "project" means any capital improvement project in an
amount over $25,000 paid for wholly or in part by the city of Ashland to purchase
or construct any public building, decorative or commemorative public structure,
sidewalk, or multi -use pathway construction, park facility construction, or any
portion thereof, within the limits of the city of Ashland. "City project" or "project"
does not include public utility improvements, (e.q. electric, water, sewer, or
stormwater), LID improvements, including but not limited to streets, sidewalks
and associated improvements, property acquisition, earth work, emergency work,
minor alterations, rehabilitation, minor or partial replacement, remodeling or
ordinary repair or maintenance necessary to preserve a facility. Notwithstanding
the above limitation, the Council or responsible contracting officer may include
any new city street or utility project (limited to water, sewer and storm water
projects) in an amount over $25,000 as a city project under this article, by either
vote of the Council or inclusion in the contract solicitation documents prepared
by the responsible contracting officer.
F. "Commission" means the Ashland Public Arts Commission created by AMC
2.17.010, consisting of seven members appointed by the mayor and confirmed by
the Council.
G. "Eligible funds" means a source of funds for projects from which art is not
precluded as an object of expenditure.
H. "Participating department" means the department that is subject to this article
by its sponsorship of a city project.
I. "Percent for art" means the program established by this article to set aside a
percentage of the total cost of city projects for public art.
J. "Public art" means all forms of original works of art in any media that has been
planned and executed with the specified intention of being sited or staged on City
Property or on property owned or controlled by the City of Ashland, usually
outside and accessible to the public.
K. "Public art account" means the city of Ashland public art account in the city
budget established by this article into which all moneys donated, appropriated or
derived pursuant to the percent for art program shall be deposited. Funds within
the public art account shall be utilized for the purposes outlined in this article.
L. "Removal" means the exclusion of an artwork from the Ashland public art
collection by the removal and disposal through any available means, such as
relinquishing title through sale, gift or destruction.
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.
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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 project and follow the public art process for art
acquisition and approval.
P. "Total cost" means the entire amount of the city' s financial contribution
toward construction and maintenance of a project.
2.29.100 Process for acquiring public art
A. General. The Public Art Commission will call for entries by issuing a
request for proposal, a request for qualification or by invitation. The call for
entries will include specific guidelines and criteria for the specific project.
Every call for entry must comply with the City' s public contracting rules.
1. Acquisition. Acquisition of public art will generally result from:
a. The commissioning or purchasing of a work of public art by the
city using city funds or donated funds, in accordance with public
contracting laws and AMC Chapter 2.50; or
b. An offer made to the city to accept a work of public art as a gift,
donation, or loan.
2. Removal. Removal of public art may be by request or owing to
some damage or destruction of the artwork.
B. Selection Panel. A selection panel, separate from the Public Art
Commission, consisting of art professionals and enthusiasts, residents
near the proposed site, community members, and city administrators will
be chosen to evaluate the proposals received from artists. A different
selection panel shall be chosen for each project by the Commission after
the following notifications have been made:
1. An ad is placed in a newspaper of general circulation in the city,
2. Postcards are sent out to all property owners located within 300
feet of the proposed site, and
3. A notice is placed on the city' s website.
The Commission shall pick the Selection Panel by examining applications
received from interested parties.
Page 44 of 52
C. Evaluation of Acquisition Proposals. Proposals which meet the
minimum requirements set forth in the call for entries will be given to the
Selection Panel for review. The proposals for acquisition shall be evaluated
based upon criteria set forth in the call for entries at a public meeting. The
Selection Panel will evaluate the proposals and make a recommendation to
the Public Art Commission regarding which proposals to accept. The
Commission shall forward that recommendation to the City Council for
final selection. This ordinance does not exclude land use approval
processes when required for the use or structure.
D. Removal and Disposal Process. Except as provided in AMC 2.29.140(B)
neither the Council nor the Commission is bound to follow any particular
process for removal and disposal of art in the Ashland Public Art
Collection.
2.29.110 Review process for gifts or donations
The Commission may solicit gifts and bequests of public art or funds to benefit
the Ashland Public Art Collection. The Council shall decide whether to accept all
such gifts of art work on behalf of the city and the Ashland Public Art Collection
on its own motion or upon a recommendation by the Commission based on its
own evaluation, or by recommendation of the Commission after the Selection
Panel has evaluated the artwork using the guidelines in AMC 2.29.130 and the
total cost over the life of the artwork.
All art works or funds shall be administered by the city in accordance with its
terms. Funds donated to the Commission shall be placed in a special account to
be used exclusively for the purposes of the Commission or as designated by the
donor. Funds in this account may only be expended after they have been properly
budgeted or approved by the city.
2.29.120 Public Art on Private Property
Before public art can be placed on private property the Commission shall
determine whether the site is appropriate for public art under the Site Selection
criteria in AMC 2.29.130. If the site is found to be appropriate for public art, the
City shall secure authorization to use and access the private property where the
public art will be located before the acquisition process for public art is initiated.
There shall be a written agreement or legal instrument, granting the City
permission and control of the property so that the property can be used for public
art purposes, including access for installation, maintenance and removal of the
artwork. Public art can then be acquired for placement on private property by
following the process for:
A. Acquisition in AMC 2.29.100, or
Page 45 of 52
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 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 well as the
relationship to the existing architecture and landscaping of the site.
4. Initial Cost. The total cost of the artwork, including all items
related to its installation, should be considered.
5. Maintenance and Durability. The durability and cost to maintain
the artwork should be considered and quantified, particularly if the
work is servicing, repainting, repairing or replacement of moving
parts.
6. Permanence. Both temporary and permanent art works shall be
considered.
7. Media. All forms of visual media shall be considered, subject to
any requirements set forth by city ordinance.
8. Public Liability. The artwork should not result in safety hazards,
nor cause extraordinary liability to the city.
9. Diversity. The artwork in the Ashland Public Art Collection should
encourage cultural diversity.
10. Commercial Aspect. The artwork shall not promote goods or
services of adjacent or nearby businesses.
11. Compliance. Artworks shall not violate any federal, state, or local
laws, including specifically AMC Chapter 18.96.
B. Guidelines for Site Selection.
Page 46 of 52
1. Ownership or Control. Public art should be placed on a site owned
or controlled by the city, or there should be a written agreement or
legal instrument, granting the City permission to use the property for
public art purposes, including access for installation, maintenance
and removal.
2. Visual Accessibility. Public art should be easily visible and
accessible to the public.
3. Visual Enhancement. Public art should visually enhance the
overall public environment and pedestrian streetscape.
4. Pedestrian Accessibility. Public art should experience high levels
of pedestrian traffic and be part of the city' s circulation paths.
5. Circulation. Public art should not block windows, entranceways,
roadways or obstruct normal pedestrian circulation or vehicle traffic.
6. Scale. Public art should not be placed in a site where it is
overwhelmed or competing with the scale of the site, adjacent
architecture, large signage, billboards, etc.
2.29.140 Standards for the Ashland Public Art Collection
A. Acquisitions. The following minimum standards and criteria shall apply
to the acquisition of artworks.
1. Artworks may be acquired by direct purchase, commission, gift or
any other means.
2. Acquisition, whether by direct purchase, commission, gift, or
otherwise, shall occur by a legal instrument of conveyance or other
writing transferring title of the artwork to the City and clearly defining
the rights and responsibilities of all parties.
3. The city shall obtain the rights of ownership and possession
without legal or ethical restrictions on the future use of the artwork
upon final acceptance of the artwork, except where expressly
provided in the contract with the artist. The artists shall retain all
rights and interests in the artwork except for the rights of ownership
and possession.
4. The City shall only acquire artworks if: 1) the artist warrants that
he will not make a duplicate of the artwork, or permit others to do so,
without written permission by the City, and 2) the artist gives
permission to the City to make a two- dimensional reproductions as
Page 47 of 52
long as all such reproductions provide the copyright symbol, name
of the artist, title of the artwork, and the date of completion.
5. Complete records, including contracts with artists, shall be
created and maintained for all artworks in the Ashland Public Art
Collection.
B. Removal.
1. The Commission may recommend removal and /or disposal based
on one or more of the following conditions. No public hearing is
required for a removal recommendation.
a. The site for an artwork has become inappropriate because
the site is no longer accessible to the public or the physical
site is to be destroyed or significantly altered.
b. The artwork is found to be forged or counterfeit.
c. The artwork possesses substantial demonstrated faults of
design or workmanship.
d. The artwork causes excessive or unreasonable
maintenance.
e. The artwork is damaged irreparably, or so severely that
repair is impractical.
f. The artwork presents a physical threat to public safety.
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 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. Acceptance or placement of donated art by the city does not
guarantee continuous public display of the artwork regardless
of physical integrity, identity, authenticity, or physical
condition of the site.
Page 48 of 52
c. Removal officially deletes the work from the city of Ashland
Public Art Collection by a relinquishment of title to the
artwork; thus, eliminating the city' s obligation to maintain and
preserve the artwork.
d. Notwithstanding the above, Artwork shall be disposed of in
accordance with any specific terms for removal and disposal
set forth in the contract with the Artist.
3. Removal and Disposal.
a. The city may donate the artwork to another governmental
entity or a nonprofit organization.
b. A work that is deemed to have retained sufficient monetary
value to warrant resale, shall be disposed of through a public
sale, auction, or any other means as established by city
ordinance.
c. Artworks removed from the Ashland Public Art Collection
may be disposed of through any appropriate means, including
the city' s procedures for the disposition of surplus property.
C. Borrowing of Artworks.
1. The Commission may also recommend artworks be borrowed.
2. With the exception of ownership, the eligibility, review criteria, and
procedure for borrowed works shall be the same as those
established in this article for acquisition.
3. The borrowing of artworks shall be pursuant to written agreement
between the city and the artist.
4. Nothing herein prohibits the city from securing other works of art
or art exhibitions for display inside its facilities.
2.29.150 Maintenance of the Ashland Public Art Collection
A. Except where expressly provided in a contract or warranty for public art
the city shall be responsible for all maintenance of all artworks in the
Ashland Public Art Collection.
B. Within the limitation of the city budget the city shall provide necessary
and appropriate maintenance of the Ashland Public Art Collection,
including, but not limited to, regular custodial care and landscape
Page 49 of 52
maintenance. Maintenance shall be performed in accordance with any
special instructions or procedures necessary for the preservation of the
work.
C. Any evidence of damage, deterioration, vandalism or theft of artworks in
the Ashland Public Art Collection shall be immediately reported to the
appropriate City Department. City staff shall keep the Commission and
Council informed of damage to City property.
2.29.160 Parks commission
The standards and procedures in this article are in addition to, not in derogation
of, the Ashland parks commission review responsibilities for projects proposed
in city parks. Nothing herein exempts public art projects from compliance with all
applicable federal, state, and local laws including, but not limited to, land
development regulations and building code compliance.
2.29.170 Development of guidelines
The Commission shall have the ability to establish further guidelines concerning
its operations; however, only the criteria and processes of this ordinance will be
legally binding.
2.29.180 Creation, funding and use of Ashland public art account
A. Establishment. The Council hereby establishes a separate account
entitled the Ashland public art account to be reflected in the city budget. All
funds donated, appropriated or generated for the purpose of public art
acquisition and education shall be deposited in this account and used
solely for such purposes, in accordance with this article and other
applicable law. Funds generated pursuant to the Commercial Development
Fee in lieu established in Chapter 18, as well as the Transient Occupancy
Tax Resolution authorized in Chapter 4.24, and the Percent for Art
dedication in this section shall all be deposited into the Ashland Public Art
Account.
B. Permitted Purposes of Public Art Account. The public art account shall
be used solely for the acquisition, placement, maintenance, and removal of
artworks for inclusion in the Ashland Public Art Collection and for art
education purposes, such as community outreach presentations and
workshops, in accordance with the provisions of this article and other
applicable law.
C. Requirement for Dedication of a Percent for Art. Any city official or
employee who authorizes or appropriates expenditures on behalf of a
participating department for a city project shall, to the degree that there are
Page 50 of 52
eligible funds, include within the budget for the project a monetary
contribution for the public art account equal to one -half percent (0.5 of
the total cost of the project.
1. One -half percent (0.5 of the total cost of a qualifying city project
shall be dedicated to the public art account. Such funds shall be
deposited into the public art account by the city official or employee
acting on behalf of the participating department no earlier than the
time that budgeted funds are encumbered for construction of the city
project and no later than final inspection of the completed city
project.
2. The participating department shall consider the siting of public art
as part of the design and engineering phase of any city project. If
costs are incurred by the participating department to comply with
this article requirement prior to transfer of the one -half percent (.5
dedication for the city project to the public art account, the
participating department may deduct such costs (not to exceed one
half percent) from the one -half percent (.5 dedication at the time
such funds are transferred.
D. Restricted Funds. If funding for a particular city project is subject to
legal restrictions that preclude public art as an object for expenditure, the
portion of the city project that is funded with the restricted funds shall be
exempt from the dedication requirements of this article.
E. Phased Projects. As a general rule, where a city project will be
constructed in phases, the one -half percent (0.5 dedication shall be
applied to the estimated total cost of each phase of the city project at the
time that funds for the phase are appropriated and encumbered. However
nothing in this section prevents the Council from deciding to hold or set
aside all or part of the entire dedication from the funds of a particular
phase, as the Council deems appropriate. In determining when to hold or
set aside the funds for a phased project, the city will consider an overall
public art plan for the project to ensure that art is not located on a
piecemeal basis with phase construction.
F. Monetary contributions for public art shall be deposited in separate
accounts within the public art account if separate accounting is deemed
appropriate by the Administrative Services Director (Finance) or is required
by law.
G. Monetary contributions or appropriations made other than through the
percent for art program shall be deposited in the public art account and
may be dedicated to or earmarked for a specific education program or work
of art, subject to acceptance by the Council.
Page 51 of 52
H. Disbursements from the public art account shall be made only after
authorization of the City Administrator or the Administrative Services
Director (Finance), and shall be made according to this article and other
applicable city ordinances, including but not limited to the public
contracting code (AMC Chapter 2.50).
1. The Council may adopt by resolution case specific waivers or guidelines
for administration of the percent for art program, including case -by -case
waivers of the required dedication set forth herein based on the availability
of public funds, as well as any other matters not specifically addressed
herein and appropriate or necessary to the administration of the program.
SECTION 24. 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 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- lettered, 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 52 of 52
C I T Y O F
�S H LAN D
Council Communication
Ordinance Amending AMC Chapter 1.08 Relating to Classification of Offenses
Meeting Date: February 2, 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 1.08 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 16, 2010.
Background:
The City Attorney's Office has previously addressed the City Council on the "one size fits all" generic
nature of the Ashland Municipal Code. Specifically, every single violation offense in the code is
punishable by a fine of up to five hundred dollars, ($500.00). [AMC 1.08.020]. 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 153. 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 are familiar with this state classification system
which allows for the designation of offenses as Class A, Class B, Class C and Class D.
Pursuant to ORS 153.018, the maximum fines by Class of Offense are as follows:
Class A: $720 Class B: $360 Class C: $180 Class D: $90
As amended, AMC 1.08 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 D] for all
offenses in the Code. The most commonly used chapters 9, 10 and 11 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 153.125] 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 1 of 3
PI,
CITY O F
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 addressing the
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 1]
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 1] Staff recommends the base fine system to create more predictable
outcomes for sentences for people found guilty.
Page 2 of 3
MIS
CITY O F
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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 1.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:
(1) Move to approve First Reading of the ordinance and set second reading for February 16, 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
16, 2010.
Attachments:
Proposed ordinance
Page 3 of 3
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 deletions and additions to the code sections being modified.
Deletions are bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
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 PENAL TY Misdemeanor Penalties and Procedures. Penalty
Impesedw
A. Unless otherwise specifically provided, when the Ashland Municipal Code
identifies violation of its provisions as a misdemeanor or as subject 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
Page 1 of 6
any such person, and shall be punished accordingly. The costs of prosecution,
including but not limited to court costs, assessments, fees, surcharges,
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
(1) All criminal procedures, provisions and requirements applicable to
violations and misdemeanors, including but not limited to Oregon Evidence
Code, (ORS Chapters 40 and 41), ORS Chapter 153 violations, defenses, burden
of proof, general principles of criminal liability, parties, and general principles of
justification contained in Oregon Revised Statutes Chapters 131 through and
including 167, as well as Chapters 471 through 480 are hereby adopted in full and
made applicable to the municipal court.
(2) 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
Oregon 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 against this city and shall
be punishable to the same extent as provided in the Code. Notwithstanding the
above, nothing herein prohibits or restricts the City police or City Attorney from
electing to pursue a charge and prosecute defendants with state law offenses in
the name of the State of Oregon pursuant to ORS 221. 339.
(3) Except where the context clearly indicates a different meaning, definitions
appearing in the general definitional and other particular sections of chapters
adopted by subsections (1) and (2) of this section are applicable throughout 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,
including the municipal court judge, judges pro tem, court supervisor and deputy
court clerks, shall have all the powers, duties, and responsibilities provided
under Oregon Revised Statutes, applicable to investigation, 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 concerning offenses occurring on city -owned or controlled property
located outside the city limits of the city of Ashland, Oregon.
SECTION 2: Section 1.08.020 is hereby amended to read as follows:
Page 2 of 6
1.08.020 GENERAL PENAL Tv Violation Penalties and Procedures tn#rastions
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. Parking 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 committing a
violation offense shall be as specified for the classification of the offense in the
Schedule of Violation Penalties, Section 1.08.030, (Table 11, or as otherwise
specifically designated 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 obligation imposed by the Municipal
Court for a City Ordinance offense, shall not exceed $500. In addition, each and
every day during any portion of which any violation offense is committed,
continued or permitted by any such person, or entity shall constitute a separate
violation subject to a separate fine and such person shall be punished
accordingly. The costs of prosecution, including but not limited to court costs,
assessments, fees, charges, surcharges, 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. Parking violations are
excluded from Classification and Base Fire requests.
B. Subject to Charter limitations, and notwithstanding any 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.g. restitution) appropriate for the
violation offense.
expenset
Page3of6
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
consistent with state law for all city ordinance violations and other violations
subject to the jurisdiction 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 surcharges, 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 jurisdiction of the Municipal Court shall have the
classifications and base fines, noted on Table 1 below:
Table 1 Schedule of Violation Penalties
iolation Class Maximum Base fin. Base surcharge to 7 -1 -2011
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
Subject 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 surcharges, if anyl
These provisions do not apply generally to Parking 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 jury.
B. The City of Ashland shall have the burden of proving 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.
Page 4 of 6
C. At any trial involving a violation offense, the City Attorney shall not appear
unless the Defendant is represented by an attorney, or unless the City Attorney is
granted 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
appearing, 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 cross examine witnesses and make arguments relating to: (1) The
application of statutes and rules to the facts in the case; and (2) The literal
meaning 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 Oregon by the Oregon State Bar is
permitted to represent another person or entity in Ashland Municipal Court.
F. A person who commits a violation offense by violating designated
provisions of the Ashland Municipal Code shall not suffer any disability or legal
disadvantage 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 rights, remedies, and penalties provided in this Chapter are cumulative, are
not mutually exclusive, and are in addition to any other rights, remedies and
penalties available to the City under any other provision of law, including
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.
Page 5 of 6
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
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- lettered, 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
C I T Y O F
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 9 Relating to Classification of Offenses
Meeting Date: February 2, 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:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
February 16, 2010.
Background:
The Classes and maximum penalties are follows: (1) Class A: $720; (2) Class B: $360; (3)Class C:
$180; (4)Class 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
9.08.190 B General Nuisance B
9.08.270 Coal Sale C
9.12.020 Keeping Junk Unlawful Out of B
Page 1 of 2
Fr,
C I T Y O F
ASH LAN D
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
generally
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 Woodstove Curtailment disclosure $500
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve First Reading of the ordinance and set second reading for February 16, 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
16, 2010.
Attachments:
Proposed ordinance
Page 2 of 2
t om,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 9, HEALTH AND SANITATION AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show d°'a c and additions to the code sections being modified.
Deletions are bold tined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
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. Dangerous
animals is a Class B violation.
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 large is a Class D 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 any one (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 any one 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. Keeping 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-ehapter 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;
D. 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. Decayed 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 unsanitary condition;
G. Surface Drainage. Drainage of liquid wastes from private premises;
H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or
which cause an offensive odor;
I. Slaughterhouses and Tanneries. A slaughterhouse or tannery.
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 temporary 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 entry way or driveway for its entire length
or a distance of 50 feet, whichever is shorter.
Nuisances affecting public health are considered Class A violations.
9.08.070 Abandoned Refrigerators
Page 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 refrigerators 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
A. 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. B 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
growth 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.
Scattering 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 Hedges 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. Parking 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 Drainage 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 S17, 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
L10 -55 DBA L10 -50 DBA
L1 -60 DBA L1 -55 DBA
where:
L50 noise level exceeded 50% of the time
L10 noise level exceeded 10 of the time
L1 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 is a 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 general 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.B. is a Class B 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. Keeping Junk Unlawful out of doors is a Class B
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.
Keeping junk exposed to view unlawful is a Class B 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. Storage and disposal of junk on CaIIe Guanaivato 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 maybe
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 dogs 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 Oregon
statutes protecting 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 dogs 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 dog 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. Dogs 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. Dogs city cemeteries is a Class D violation.
im
9.16.080 Penaltie
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. No restaurant, retail food vendor or non profit
food provider shall serve food, and 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. E ff J 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, 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
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:
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 comply 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 proceedings 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- lettered, 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 O F
'AS H LAN D
Council Communication
Ordinance Amending AMC Chapter 10 Relating to Classification of Offenses
Meeting Date: February 2, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E -Mail: appicelr @ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Bennet 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 16, 2010.
Background: The Classes and maximum penalties are follows: (1) 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 1 of 3
Fr,
C I T Y O F
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:
(1) Move to approve First Reading of the ordinance and set second reading for February 16, 2010.
(2) Postpone First Reading to a date certain.
Pagc 2 of 3
MI,
C I T Y O F
ASHLAND
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for February
16, 2010.
Attachments:
Proposed ordinance
Page 3 of 3
�r,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING AMC
CHAPTER 10, PUBLIC PEACE, MORALS AND SAFETY AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
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
B 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 emergency radio communication system of the city.
Interference with public safety radio is a Class C misdemeanor.
Page 1 of 16
1,
10 Ponaltios
SECTION 2. Section 10.12.010 [Assault] through Section 10.12.090 [Penalties] are
hereby amended to read as follows:
4-042 -Assault
10 Ass t a nd B
1 1 1
10 Donaltios
SECTION 3. Section 10.26.050 [Swimming Pools Barrier- Penalty] is hereby amended
to read as follows:
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 and -shall
Page 2of16
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,
including but not limited to unpermitted burning or violation of permit
requirements, has committed are- 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 Title 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 Regulations
the licence f uc h pre
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 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
Page 3 of 16
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:
SECTION 7. Sections 10.44.015 [Pedestrian Interference] is hereby amended to read
as follows:
10 Pe Interfere
to or egress from such propert
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
Page 4 of 16
property, or by emergency declaration under AMC 2.62.030. Camping
prohibited is a Class B violation.
10.46.030 Sleeping on Benches
A. No person shall sleep on public benches between the hours of 9:00 p.m. and
8:00 a.m. Sleeping on benches is a Class D violation.
'SECTION 9. Section 10.46.050 [Penalties] is hereby amended to read as follows:
10.46.050 Mitigation of Penalties
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:
10.60.020 Horses prohibited
Page 5 of 16
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. Nothing herein shall
prohibit criminal prosecution for theft under Oregon Law.
SECTION 13. Sections 10.64.010 [Obstructing passageways] through 10.64.030
[Penalty for Violation] are hereby amended to read as follows:
10.64.010 Obstructing passageways
A. Except as otherwise permitted by ordinance, no person shall use a street or
public sidewalk for selling, storing, or displaying merchandise or equipment.
B. The provisions of this section shall not apply to the delivery of merchandise or
equipment, provided the owner or person in charge of the merchandise or
equipment or the property abutting on the street or sidewalk upon which the
merchandise or equipment is located removes the merchandise or equipment
within a reasonable time.
C. Except as otherwise permitted by ordinance, no person shall place any object
on a public sidewalk which restricts the clear passageway for pedestrians to less
than eight feet, except wheh thefsidewalk less than eleven.feet in =width;
then the measure shall be six feet, or place any object on a public sidewalk at a
street corner or within five feet of the curb return.
Page 6 of 16
10.64.030 Penalty for Violation
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:
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
Page 7 of 16
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. Intoxicating 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 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. Littering
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. Injuring or defacing
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.
1.0.68 130, 11ettingjprohibitedr !(unless;authorized etentWithystat teu
No ofany kind willbe,ermittedwithin the park
boundariesl:Bettmq prohiblteth,s a classtBwlolatlon�
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. Injuring 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
Page 8 of 16
hereinafter designated, boundaries of Lithia Park. Park waters -Use is a class B
violation.
10.68.180 Whistles prohibited
Except for sports officials and coaches during scheduled events, Vvisitors shall
not sound whistles in any of the parks. Whistles prohibited is a class D
violation.
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 regulations 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
Page 9 of 16
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.
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.
E. Vehicles -Use restricted regulations 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 emergency is a class
A violation.
10.68.230 Sleeping prohibited
person shall sleep of -same 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. Sleeping 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" or "reserved' sign Compliance
No person shall enter any building, enclosure, or place within any of the parks
upon which the words "No Admittance" or "Reserved y shall be displayed or
Page 10 of 16
posted by sign, placard, or otherwise, without the consent of the superintendent
or other officer of the parks. Violation of no,admittance is a class A violations
Yielation of reserved €is a Class B iolation?
10.68.260 Swings Hammocks
No swings or hammocks shall be hung or swung in any of the parks, except on
the posts erected for the purpose. Swings- 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 designated areas is a class B
.r.,.:, rew�E Mis r, v =:e� s.,; vm` wmr 1H 1 +a 1* WW 1
violations Wh en' tFireIRestrrcbonssare= rn.place violation rs alClass?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 comply is a class C violation.
Page 11 of 16
10.68.320 Park officers Intorforoncc with prohibited
Nothing contained herein shall prevent the performance of any act or service by
the park officers or employees which has been duly authorized by the park
commission in charge.
10.68.330 Camping Sleeping prohibited
No person shall camp within park, Ashland or
on €110 park side Cf any WI= a op= parks. Prohibited Camping is
a class C- violation
SECTION 17. Section 10.68.370 [Parking Limitations] is hereby amended to read as
follows:
1�0 68 3701ParkiK ,limitations 'Ora No person p i' permit OD Parked
arketl motor which
bears motor E1 CL's inn park-
stile adjacent °D parks t between hours ,of
2 00 alefiellbp. rebuttal presumed fikii any vehicle
parked racan provisions itnilb section parked
registered'ownerth,ereof Parking a Camper is a'class iCviolation
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; Nothing in"" this provision prohibits citation
for trespass under state lawl
SECTION 19. Section 10.72.010 [Theft— Stolen Property] through Section 10.72.020
[Petty Theft] are hereby amended to read as follows:
10. ft
Page 12 of 16
I
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:
I I
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:
40A-0-Penalties
40.9041-20-Working-prisoners
r
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. Discharging weapons is a Class A misdemeanor if the weapon
discharged constitutes a firearm under Oregon law. Discharging weapons
Page 14 of 16
is a Class A violation if the weapon discharged is not a firearm under
Oregon law.
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
gambling 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 anv 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- lettered, 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 O F
ASH LAN D
Council Communication
Ordinance Amending AMC Chapter 11 Relating to Classification of Offenses
Meeting Date: February 2, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E -Mail: appicelr @ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thorriton
Approval: Martha Benne Estimated Time: 10 minutes
Question:
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 Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
February 16, 2010.
Background:
The Classes and maximum penalties are follows: (1) 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
11.44.010 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
Page 1 of2
"Ai
C I T Y O F
ASH LAN D
11.52.030 G Regulations: Riding abreast D
11.52.030 H Regulations: Hitching on vehicles B
11.52.030 I Regulations: Parking D
11.52.050 Responsibility of Parent or Guardian C
11.52.060 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:
(1) Move to approve First Reading of the ordinance and set second reading for February 16, 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
16, 2010.
Attachments:
Proposed ordinance
Page 2 of 2
v`
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING AMC
CHAPTER 11, VEHICLES AND TRAFFIC, AND REMOVING UNNECESSARY
REGULATIONS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold lined-through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
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:
Page 1 of 13
pestedr
traffien
pedestrians.
mo a at a nter
11 16 080 Cmorging from yohiclo
11.16.090 Boarding or alighting from vehicles
Page 2 of 13
No person shall board or alight from a vehicle while the vehicle is in motion.
Boarding or alighting from vehicles is a Class B violation.
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 riding 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.
Clinging 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.
B. 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
Administrator.
Page 3of13
D. Damaging sidewalks and curbs is a Class A violation. In addition to any
penalties imposed, the court shall order payment of restitution.
11.16.170 Removing 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 glass and debris is a Class D violation.
B. A driver of a police vehicle, fire department vehicle, or patrol vehicle when
from the consequences of negligent acts.
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:
Page 4 of 13
preeee4
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 Marking a Class A violation.
11 I i n ar k o d v ehi c l o
feet
SECTION 3. Section 11.28.020 [Tire Markings] is hereby amended to read as follows:
11.28.020 Tire Markings
No person shall obliterate or conceal any marking by a police officer code
compliance or parking 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 markings is a Class D violation.
Page 5of13
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 B 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. Driving through 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:
11.44.005 040 Use of sidewalks
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 Illegal cancellation of a Traffic Citation
Page 6 of 13
No person shall cancel or solicit the cancellation of a traffic citation without the
approval of the municipal judge. Illegal 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. Crossing at right angles is a Class D violation.
14,44.020-Citation
153.310.
11.44.030 Crosswalk -lose 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.
Page 7 of 13
percent
SECTION 8. Sections 11.52.020 [Equipment] through 11.52.070 [Bicycle License
Required] are hereby amended to read as follows:
44,527020-Equipment
the-bicycle-rider;
11.52.030 Regulations
A. Riding 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. Riding on sidewalks in the Central Business
District is a Class D violation.
B. Racing. 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. Racing is a Class D violation.
C. Method of Riding. 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
Page 8 of 13
more persons at one time than the number for which it is equipped.
Method of riding is a Class D violation.
D. Carrying 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.
Carrying articles is a Class D violation.
E. Traffic Regulations. 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 Bicycle 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 bicycle routes is a Class D
violation.
G. Riding 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. Riding
abreast is a Class D violation.
H. Hitching on Vehicles. No person, while riding a bicycle shall in any way
attaches themselves or the bicycle to any other moving vehicle. Hitching
on vehicles is a Class B violation.
K. Bicycle Parking. No person shall park a bicycle upon a street, other
than in the roadway and against the curb, or against a lamppost
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 parking is a Class D violation.
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 lust and
reasonable.
Page 9 of 13
11 Right_of_Way
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
just and reasonable.
SECTION 9. Section 11.52.110 [Penalties] regarding 11.52 [Bicycles] is hereby
amended to read as follows:
1-1,52,140-Penalties
Page 10 of 13
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.
L'
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 lust and
reasonable.
chapter,
Page 11 of 13
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.
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 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
Page 12 of 13
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 13 of 13
CITY O F
AS HLAND
Council Communication
Request Clarification of Living Wage Ordinance
Meeting Date: February 2, 2010 Primary Staff Contact: Don Robertson
Department: Parks and Recreation E -Mail: robertsd @ashland.or.us
Secondary Dept.: Legal Secondary Contact: Richard Appicello
Approval: Martha Benue Estimated Time: 10 minutes
Question:
Will the Council approve First Reading of an ordinance that amends the Living Wage ordinance by
defining "twelve month period" and clarifying that the City does not require retroactive payments?
Staff Recommendation:
Staff recommends approval First Reading of the attached ordinance which includes a clarification of
the statement "any twelve month period" to read "during a calendar year." The ordinance also applies
the living wage at the 1041st hour rather than retroactively to the 1st hour worked.
Background:
In October 2009, staff requested a clarification to the Living Wage ordinance. After much discussion,
Council directed staff to propose language for their consideration. Staff has included proposed
modifications to 3.12.040 B and 3.12.020 A in the following paragraphs.
Ashland's Living Wage ordinance section 3.12.020 A(s) states: "Employee does not include:
Employees who are hired as temporary or part-time employees and who are employed for a total of
less than 1040 hours in any twelve month period." Staff proposes new language that would replace
"any twelve month period" with, "any calendar year, and there is at least a three month break in
service." This would address issues faced by Parks and Recreation without allowing employers to start
an employee on July 1st and pay them below living wage for a full year.
Additionally, the ordinance is proposed to clarify that if an employee has already worked 1040 hours
in a calendar year, their living wage salary starts on hour 1041. The proposed ordinance will not
require 6 months of retroactive pay back to the first hour worked.
Related City Policies:
None
Council Options:
Council can consent to the request for clarification of "any twelve month period" to "any calendar
year, and there is at least a three month break in service" and allow employment to continue after the
1040 hours at the Living Wage without a retroactive clause, or Council can deny consent and maintain
current interpretation.
Page 1 of 2
Mr,
C I T Y O F
ASHLAND
Potential Motions:
1) Move to approve First Reading of the ordinance and set Second Reading.
2) Move to deny First Reading and maintain current interpretation.
3) Move to approve First Reading with additional changes to the ordinance and set Second
Reading.
Attachments:
Proposed ordinance
Page 2 of 2
114,
ORDINANCE NO.
AN ORDINANCE RELATING TO LIVING WAGE,
AND AMENDING AMC CHAPTER 3.12
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined-through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; 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 Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730,
734 (1975); and
WHEREAS, the Ashland Parks and Recreation Commission requested clarification of the living
wage ordinance as it relates to part —time and seasonal workers employed by the Parks
Department; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.12.020 A. [Definitions] is hereby amended to read as follows:
3.12.020 Definitions
For the purpose of this ordinance the following definitions shall apply:
A. "Employee" means any person who is employed as an employee of a service
contractor or a recipient, or who is a recipient subcontractor or independent contractor of a
service contractor, or subcontractor on a service contract with the City, for all employment
hours spent performing the duties required pursuant to the service contract, or by a
recipient or a subcontractor of a recipient who spends 50% or more of the employee's
compensated time in a month working on the project or portion of business that received
City financial assistance.
"Employee" does not include:
1. Employees outside the state of Oregon;
2. Employees who are hired as temporary or part-time employees and who are
employed for a total of less than 1040 hours in any calendar year, and there is at least a
three month break in service.
3. Employees participating in bona fide training programs such as welfare -to -work
Page 1 of 3
(state), work study (educational institutions), certified apprentice programs or on- the -job
training program of no more that 18 months;
4. Volunteers and quasi volunteers (who may receive a stipend);
5. Employees who are under 18 years of age, employed by a non profit entity for after
school or summer employment or as a trainee for a period of not longer than 120 days;
6. Employees who are standing by or on -call according to the criteria established by the
Fair Labor Standards Act, 29, U.S.C. Section 201. This exemption shall only apply during
the time when the employee is actually standing by or on -call; or
7. An employee subject to a bona fide collective bargaining agreement.
SECTION 2. Section 3.12.040 [Enforcement] is hereby amended to read as follows:
3.12.040 Enforcement
A. Compliance with this chapter shall be required in all City contracts to which it applies.
Such contracts shall provide that upon a violation of any provision of this chapter the
recipient, contractor or subcontractor who is out of compliance shall have thirty days to
come into compliance.
Such contracts shall further provide that after 30 days if the recipient, contractor or
subcontractor remains out of compliance, the City may terminate the contract and
otherwise pursue legal remedies that may be available including the repayment of, or
payment for, all or part of the financial assistance provided. If a recipient, contractor, or
subcontractor violates the provisions of this chapter twice, the City may terminate all
contracts already in force and that recipient, contractor, or subcontractor shall be
prohibited from receiving City financial assistance or contracting with the City for a period
of two years.
B. An employee claiming violation of this chapter may report such action to the city. The
city administrator may establish a procedure for receiving and investigating such
complaints and take appropriate enforcement action.
An employee claiming violation of this chapter may choose to bring an action in the Circuit
Court of Oregon against an employer and may be awarded back pay for each day during
which the employer failed to pay the employee the required living wage. As additional
damages the employee shall be awarded an amount equal to an hour's pay for each hour
the employee was not paid the amount required in section 3.12.030 and any additional
injunctive relief necessary and appropriate under the circumstances. Not withstanding
the above, for employees hired as part-time or seasonal workers fi.e. with a 1040
hour limit per calendar yearl, back pay shall be limited to an award of the pay
differential and penalty commencing with the 1041 hour of employment. The court
shall award reasonable attorney's fees and costs to an employee who prevails in any such
enforcement action.
The damage provision of this section shall not apply if such violation was deemed to be
unintentional on the part of the employer and the employer paid the required back pay for
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each day the violation of this chapter occurred.
C. The statute of limitations for this chapter shall be two years from the time of the
alleged violation of this chapter
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code "article "section "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re- lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2 -4) need not be codified and
the City Recorder is authorized to correct any cross references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 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
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