HomeMy WebLinkAbout3003 Council Rules Part 2 ORDINANCE NO. 3003.
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 and additions to the code sections being modified.
Deletions are bold Iined- hrough 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
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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:
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
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attending a minimum of two- thirds (2/3) of all scheduled meetings
(inclusive of study sessions and special meetings) shall be considered
iriactive 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.
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 meeting of greater than
one -half of the regular members constitutes a quorum. 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.
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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 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.
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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 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
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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).
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:
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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 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.
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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 Commissionl, 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, 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:
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E. To investigate federal, state, county and private funding for
implementation of city housing programsi
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 Fundz
I. To foster public knowledge and support of official city housing
programs
SECTION 5. Chapter 2.12, fPlanninq Commissionl, 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 outside the City limits. Appointments shall conform to the
legal constraints of ORS 227.030. Theayer-shall-be-an-ex-offisie
2A-27020-(Repealed)
2r12 Terms of Vacancios
2.2.035 Terns -ef O ffi tt
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nesessafy.
2.12.060 Powers and Duties Generally
A. The Planning Commission is the appointed citizen body with the
primary responsibility of providing recommendations to the Mayor
and City Council regarding the overall direction of land use
planning. The Commission reviews and makes recommendations
regarding comprehensive land use planning and fosters mutual
communication on land use issues. The Commission is responsible
to the City Council for making recommendations on land use plans
and policies that are coordinated with other City plans, policies, and
functions.
B. The Planning Commission shall have the powers and duties to:
1. Periodically review the Comprehensive Plan and make
recommendations to the City Council on public processes,
studies, and potential revisions to the Plan. Work in
conjunction with other City citizen advisory commissions,
boards, and committees to ensure coordination of various
elements of the Comprehensive Plan.
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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.
271-27070-(Repealed)
Cpmmiccion.
SECTION 6. Chapter 2.13, [Transportation Commission], is hereby amended to
read as follows:
2.13 Transportation Commission
2.13.010 Purpose and Mission. Established -Generally
A. Role. The Transportation Commission advises the City Council on
transportation related issues specifically as they relate to safety, planning,
funding and advocacy for bicycles, transit, parking, pedestrian and all
other modes of transportation.
B. Mission. The need for a Transportation Commission is emphasized in
the Transportation Element:
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"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."
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2.13.020 Established- Membership
A. Voting Members. The Transportation Commission is established and shall
consist of nine (9) voting members as designated by the Mayor and confirmed by
the council. Voting members will all be members of the community at large and
will represent a balance of interest in all modes of transportation. The-Chair-will
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.
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:
Will review and serve as the primary body to develop
recommendations to the City' s Tong 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.
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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.
2.13.040. 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.
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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
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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.
E. Minutes. All Traffic Sub Committee action minutes will be forwarded to
the following Transportation Commission meeting.
2A-3,0. 60 Reports
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SECTION 7. Chapter 2.17, (Public Arts Commissionl, 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.
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2.17.010 Established Membership. Created
The Public Arts Commission for Ashland is established erected and shall have
the powers and duties provided in this chapter.
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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.
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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.
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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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SECTION 8. Chapter 2.18, [Conservation Commissionl, is hereby amended to
read as follows:
2.18 Genversation Conservation Commission
2.18.010 Established- Membership
The Conservation Commission is established and shall consist of nine DI voting
members including one representative of the solid waste franchisee for the city;
and one representative from Southern Oregon University; and one representative
from the Ashland School District and six (6) other voting members. At least five
(5) of the other members shall reside within the city. The commission shall also
consist of certain non voting ex officio members, including the mayor or one
council member serving as council liaison, the Department of Community
Development Director and the Electric Utility Director, the Director of Public
Works, the Building Official and City Administrator. The Electric Utility Director
shall serve as the primary staff Liaison and Secretary of the Commission. Voting
members shall be appointed by the Mayor with confirmation by the City Council.
2 T crms V pca n c i oc
2.18.040 Powers and Duties Generally
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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
2.18.050 Reports
SECTION 9. Chapter 2.21, [Cable Access Commissionl, is hereby amended to
read as follows:
2 D f
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2.2 Terms Vaca^.ncics
2. 21 060 o owo s an d D r- onora u y
r
INGGetilifeg
Page 31 of 55
272-1,070-Appeals
2 080-- Reports
SECTION 10. Chapter 2.24, [Historic Commissionl, 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. To qualify the Historic
Commission as a Certified Local Government (CLG) Commission, some of
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the members should meet the professional qualifications under State
Historic Preservation Office requirements.
2 T erm V acanc i es
a
e a
Oregon:
2.24.040 Powers and Duties Generally
The powers, duties, and responsibilities of the Historic Commission shall be as
follows:
A. To survey and recommend to the City Council, areas or properties of
significant historical value and interest to be designated historical properties;
B. To draft and recommend ordinances and other measures designed to protect
and foster interest in the improvement of designated historical properties;
C. To review literature and sources of funding concerning the protection and
improvement of designated historic properties;
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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.
2.24.050- Report
SECTION 11. Chapter 2.23, [Ashland Airport Commission', is hereby amended
to read as follows:
2.23 Ashland Airport Commission
2.23.010 Established Membership
There is hereby established an Ashland Airport Commission which shall consist
of nine (9) voting members,
and two eno(1) 121
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,.
the-City- Council.
2.23.015. Qualifications. In making the appointments, the Mayor and
Council shall appoint members such that the maioritv 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.
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2.23.020 Term Vacancics
2.23.040 Powers and Duties Generally
The powers and duties of the Ashland Airport Commission shall be as follows:
A. To advise the Mayor and City Council on all matters relating to the
management, operation, and further development of the Ashland Airport.
B. To investigate Federal, State, County, and private funding for airport
improvements in relation thereto the requirement of City participation in financing.
C. To review and recommend project applications for funding to the City Council.
2437050-Reports
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SECTION 12. Chapter 2.25, (Tree Commissionl, 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 herety established
e and -shall consist
of no there -be less than five members nor more than seven voting members.
There shall also be and three non voting ex officio members consisting of a
member of the City Council, a representative of the Community Development
Department and a representative of the Parks and Recreation Department. The
City-Ceunell.
2 Tcrm Vacancioc
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.
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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.
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 iriventories, at the request or direction of Council.
2 25050- Reports
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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
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
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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.
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chair:
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 Report 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
Upon recommendation of the Band Board, the City Administrator shall
appoint a band director.
B. The director shall:
t 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.
6. Perform such other services as may be reasonably requested by
the band board
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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:
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15.04.200 Board of Appeals Appeal Procedure
requitement&
I I
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
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jurisdictional defect and shall subject the appeal to summary dismissal in
accordance with paragraph B 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, 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 paragraph A 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:
title:
SECTION 22. A Section 15.04.260 [Violation- Penalty], is hereby added to read
as follows:
15.04.260 Violation Administrative Penalty
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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.
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.
D. Unpaid Penalties
1. Failure to pay an administrative penalty imposed pursuant to this code
within thirty (30) days after the penalty becomes final shall constitute a
Class A violation of this code.
2. If an administrative civil penalty is imposed on a responsible person
because of a violation of any provision of this code resulting from
prohibited use or activity on real property, and the penalty remains
unpaid 30 days after such penalty become final, the building official
shall assess against the property the full amount of the unpaid fine and
shall enter such an assessment as a lien in the docket of City liens.
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3. In addition, failure to pay an administrative civil penalty imposed
pursuant to this code shall be grounds for withholding issuance of
requested permits or licenses, issuance of a stop work order, as well as
revocation or suspension of any issued permits or certificates of
occupancy.
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.
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.g. 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.
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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.
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 proiect.
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.
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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
proiect 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.
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
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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
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.
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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 adiacent or nearby businesses.
11. Compliance. Artworks shall not violate any federal, state,
or local laws, including specifically AMC Chapter 18.96.
B. Guidelines for Site Selection.
1. 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.
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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 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.
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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.
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.
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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 maintenance. Maintenance shall be performed in
accordance with any special instructions or procedures necessary
for the preservation of the work.
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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 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.
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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
proiect 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 proiect 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.
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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).
I. 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 aflf/ 2010,
and duly ASSED and ADOPTED this day of 2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of lu�J 2010.
kj 4, I.
c hn Stromberg, Mayor
Reviewed as to form:
,r
Ai IL m! w
Richard Appicello, 1`�, Attorney
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