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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 16, 2010
Council Chambers
1175 E. Main Street
6:00 p.m. Executive Session for consultation with Legal Council pursuant to ORS
192.660(2)(h)
7:00 p.m. Regular Meeting
CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of February 1, 2010
2. Executive Session of February 2, 2010
3. Regular Meeting of February 2, 2010
-4. Joint Meeting of February 8, 2010
VI. SPECIAL PRESENTATIONS AWARDS
1. Mayor's Proclamation of 2010 Census and presentation by Census Bureau
[5 Minutes]
VII. CONSENT AGENDA [5 minutes]
1. Does Council wish to approve a Liquor License Application from Dana Hight dba
Deliver de Cuisine at 295 E Main Street?
2. Will Council, acting as the Local Contract Review Board, approve a special
procurement requesting approval to directly award a contract to update the
transportation analysis for the Croman Mill Site Redevelopment Plan to DKS
Associates?
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. All hearings must conclude by 9:00
p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two- thirds
vote of council {AMC §2.04.050
1. Does Council wish to amend Chapters 18.112 and 18.108 of the Ashland Land Use
Ordinance (ALUO) to provide for timetable tolling during pending appeals and court
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proceedings [15 Minutes]
2. Does Council wish to amend Chapters 18.112 and 18.108 of the Ashland Land Use
Ordinance (ALUO) to provide for a timetable extension for land development and
building activity delayed due to the economic recession [30 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Does Council want to.adopt the City Council Goals for 2010? [30 Minutes]
2. Will the Council adopt a resolution allocating Transient Occupancy Tax (TOT)
revenue for tourism and non tourism purposes for FY 2010 -2011 and establishing
criteria for the grant program? [10 Minutes]
3. Which option for the revision of the fireworks ordinance in AMC 15.28.070 does the
Council wish to consider? [30 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Should the Council approve the Ashland Forest Resiliency Supplemental Project
Agreement between the United States Forest Service, the City of Ashland, the Nature
Conservancy, and Lomakatsi Restoration Project? [20 Minutes]
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should the Council approve Second Reading of an Ordinance annexing 1.2 acres at
615 Washington Street and withdrawing the property from Jackson County Fire
District No. 5? [10 Minutes]
2. 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]
3. Does Council wish to adopt various ordinances classifying Municipal Code Offenses
and creating a base fine system?
3 a. Should the Council approve First Reading of an Ordinance amending Chapter
1.08 to add provisions concerning the classification of offenses, and move the
ordinance on to Second Reading? [10 Minutes]
3 b. Should the Council approve First Reading of an Ordinance amending Chapter 9
to add provisions concerning the classification of offenses, and move the
ordinance on to Second Reading? [10 Minutes]
3 c. Should the Council approve First Reading of an Ordinance amending Chapter
10 to add provisions concerning the classification of offenses, and move the
ordinance on to Second Reading? [10 Minutes]
3 d. 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? [10 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS /REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488 -6002 (TTY phone number 1- 800- 735 2900). Notification
72 hours prior to the meeting 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
VISE! THE CITY OF ASHLAND'S WEB SITE AT WWW.ASI- ILAND.OR.US
CITY COUNCIL STUDY SESSION
February I, 20/0
Page I of 3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, February 1, 2010
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:34 p.m.
Councilor Chapman, Silbiger, Navickas, Lemhouse and Jackson were present. Councilor Voisin arrived at
5:37 p.m.
Mayor Stromberg requested 5 minutes at end of the meeting to hear a report from Councilor Lemhouse
regarding the Medford Drug Task Force.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Discussion regarding proposed 6 -Year Capital Improvement Program (CIP) project list?
Public Works Director Mike Faught provided a presentation that included the following:
FY10 Current Year Highlights
FY11 CIP Proposed Program by Division
FY1 1 CIP Proposed Project Lists
FY11 Capital Equipment Purchase Plan
FY11 -16 CIP Plan by Division
Council Actions Requested
CIP Planning What is Involved
o Master Plans
o Maintenance Records
o Revenues
o Balance Capabilities
o Timing
Mr. Faught explained utility conflicts and how staff specifically chose streets to overlay that did not have
foreseeable utility conflicts over the next five years.
Historic Project Delivery Chart Planned vs. Actual
FY10 Current Year Highlights Table
Parks Director Don Robertson confirmed the Parks and Recreation Department did not purchase property
this year.
FY11 CIP Proposed Program by Division Chart
FY11 CIP Proposed Transportation Project List
Staff explained the engineering for the Railroad crossing improvements at Hersey Street and Laurel Street
were complete and approved by the Oregon Department of Transportation (ODOT) and currently waiting
for funding. The project will improve the crossing surfaces for pedestrian and bike use without changing
the intersection metrics.
Vicinity Map Sidewalk Construction Projects
FY11 CIP Proposed Street Improvement LID Project List
FY10 Slurry Seals/FY11 Overlays
CITY COUNCIL STUDY SESSION
February I, 2010
Page 2 of 3
FY11 Fiscal Impacts Street Fund
Staff clarified a City Share error regarding the Sheridan and Schofield Street LID on the CIP.
FY11 CIP Proposed Water Fund Project List
Staff explained how recent Total Maximum Daily Load (TMDL) sediment controls would affect the two
smaller reservoirs used to collect sediment and clarified TID Pump Station Improvement amounts.
Council expressed concem regarding the cost of the Master Plans for Wastewater, Storm Water and
Drinking Water. Staff responded that updates should occur every five years and the City is currently at ten
years. Each plan initially costs $350,000, will include new components on rate impacts, life cycle costs and
staffing and decrease to $100,000 $150,000 each if updated on a regular five -year basis.
FYI 1 Fiscal Impacts Water Fund
o New "Crowson II" Reservoir
The second reservoir would resolve the 2million gallons per day shortage the City experiences and address
operational issues during peak season. Accessing the Talent Ashland Phoenix (TAP) waterline would
not require a second reservoir; the water would pump directly into the system.
FY11 CIP Proposed Wastewater Storm Drain Fund Project Lists
o Wastewater Treatment Plant Membrane Replacement
Mr. Faught explained membranes have a seven -ten year life span and if they fail, the City will incur a
severe penalty. The current membranes have one year left and that was not sufficient time to research
longer life membranes or alternatives.
o Wastewater Line Replacement; Ashland Creek Main Line
Staff described the replacement process and that it would extend the life of the pipeline approximately 30
years.
FY11 Fiscal Impacts Wastewater Fund
FY11 CIP Proposed Electric Fund Project List
FY11 CIP Proposed AFN /Telecom/IT Project Lists
Information Technology
Staff will research the $22,000 allocation for the community website.
FY11 CIP Proposed Facilities Parks Project Lists
o Parks Recreation
Staff explained the Parks Department has 2 years to repay $1.3million borrowed from the City for the Clay
Street purchase. The money will go back to the Equipment Fund, address downtown parking and leave
approximately $175,000 for the Council to determine how to spend.
FY11 Capital Equipment Purchase Plan
Council and staff discussed the process used for replacing vehicles, why larger trucks are more efficient
than smaller trucks and the benefits of purchasing a used Gradall to clean sediment out of reservoirs and
ponds.
Councilor Jackson left the meeting at 7:10 pm.
CITY COUNCIL STUDY SESSION
February 1, 20/0
Page 3 of 3
Councilor Lemhouse introduced the City of Medford's new task force, Medford Area Drug Gang
Enforcement (MADGE) and listed the agencies that make up the 28- member team. He explained that
Medford is a high drug traffic area and that Mexican drug cartel are setting up franchises locally and noted
the escalation in gang violence.
Meeting adjoumed at 7:23 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
February 2, 2010
Page l of 9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 2, 2010
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg read an update on the Battalion of the 41" Brigade Combat Team of the Oregon National Guard
(1/186) currently preparing for deployment from Iraq.
City Recorder Barbara Christensen announced it was time for the annual appointment process for all Commissions
and Committees. Deadline for applications is March 19, 2010 and she encouraged all to consider volunteering on
these important City Commissions.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Regular Council of January 19, 2010 and Executive Session of January 25, 2010 were approved as
presented.
SPECIAL PRESENTATIONS AWARDS None
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does Council have any questions about the quarterly financial report as presented?
3. Does Council have questions regarding the City's purchasing practices or participation in the national
coalition promoting changes in factory working conditions?
4. Does Council accept the annual report relating to the Verde Village development as demonstration that
both the City and the developer are in compliance with the Development Agreement?
5. Will Council approve the attached resolution establishing minimum standards, fees and program policy
for the installation of Street Pennant in the public right-of-way?
6. Should Council approve a resolution to adjust budget appropriations for changes in operational expenses
to remain in compliance with Oregon Budget Law?
7. Does the Council wish to confirm the appointment of Rob Lloyd as Information Technology (IT)
Director?
Councilor Voisin requested that Consent Agenda item #6 be pulled and Councilor Jackson requested that Consent
Agenda item #4 be pulled for discussion.
Councilor Jackson/Navickas m/s to approve Consent Agenda items 1 -3, 5 and 7. Voice Vote: all AYES.
Motion passed.
Councilor Jackson declared a conflict of interest regarding Consent Agenda item #4 and requested she be recused
from voting.
Councilor Voisin/Chapman m/s to recuse Councilor Jackson from voting on Consent Agenda item #4. Voice
Vote: all AYES. Motion passed.
Councilor ChapmanNoisin m/s to approve Consent Agenda item #4. Voice Vote: all AYES. Motion passed.
ASHLAND CITY COUNCIL MEETING
February 2, 2010
Page 2 of 9
City Recorder Barbara Christensen clarified the request for the transfer of appropriations was due to an increase in
banking service and merchant fees. Changes in the banking environment have created unanticipated expenses that
affected the current budget.
Councilor Jackson/Voisin m/s to approve Consent Agenda item #6. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Should Council approve a resolution adjusting the FY 2009 -2010 Budget to create appropriations and
authorize expenditures for unanticipated expenses during this year?
Administrative Services Director Lee Tuneberg explained the additional $150,000 from the Bonneville Power
Administration would support the increased participation in the Conservation Program.
Public Hearing Open: 7:16 p.m.
Public Hearing Closed: 7:16 p.m.
Councilor Navickas /Chapman m/s to approve Resolution #2010 -03. Roll Call Vote: Councilor Chapman,
Silbiger, Jackson, Lemhouse, Navickas and Voisin, YES. Motion passed.
2. Does the Council approve the proposed resolution to establish a fee schedule for Mitigation, Enforcement
and Restoration in accordance with the Tree Protection and Preservation Chapter (AMC 18.61)?
Community Development Director Bill Molnar explained the resolution would establish a fee schedule for mitigation
and allow an option for the property owner to plant a tree on another piece of property within the same ownership or
possibly on public land. Another provision would allow a $400 payment in lieu of planting fee per tree. The Penalty
Section would address fees to cover compliance and enforcement efforts and a restoration fee for damage incurred
when replacing larger trees.
Public Hearing Open: 7:22 p.m.
Public Hearing Closed: 7:22 p.m.
Councilor Chapman/Jackson m/s to approve Resolution #2010 -04. Roll Call Vote: Councilor Voisin,
Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed.
PUBLIC FORUM
Ron Roth /6950 Old 99 South/Spoke regarding humanitarian efforts for Haiti and requested the Council consider
sending City staff to assist in the recovery.
Councilor Navickas/Lemhouse m/s to place item on agenda for discussion under "Other Business from
Council." Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES.
Motion passed.
UNFINISHED BUSINESS
1. Will the Council approve a resolution allocating Transient Occupancy Tax (TOT) revenue for tourism and
non tourism purposes for FY 2010 -2011 and establishing criteria for the grant program?
Administrative Services Director Lee Tuneberg explained the staff recommendation of distributing the proposed
$1,720,000:
Non Tourism:
General Fund: $l million or 79%
Strategic Planning: $150,000 or 12%
Small Grants: $112,079 or 9%
Tourism:
Chamber of Commerce Visitors Convention Bureau (VCB): $275,000 or 60%
Oregon Shakespeare Festival (OSF): $110,000 or 24%
Small Grantees: $45,000 or 10%
ASHLAND CITY COUNCIL MEETING
Febnm,y 2. 2010
Page 3 of 9
Public Art: $13,738 or 3%
City Project: $14,183 or 3%
Staff explained Strategic Planning changed to Economic Development Planning and the money allocated went
towards funding one staff position, consulting services and direct expenses for the Economic Development Strategy
started November 2009. Staff went on to clarify monies set aside for City Projects were considered savings towards
tourism related capital projects.
Mr. Tuneberg read the following proposed changes to the criteria:
Section 2(b) Economic Development, the following were added:
7. Promote businesses and institutions that encourage sustainability.
8. Prioritize established organizations.
Percentage allocation no changes open for discussion:
Chamber of Commerce VCB 60%
Oregon Shakespeare Festival 24%
Economic and Cultural Development Grants Tourism 10%
Public Art 3%
Remaining to tourism projects determined in budget process 3%
Section 4 Highlight "requirement" for consensus on definition.
Section 4 (e): "...in terms of cultural enrichment and /or activities of an economic nature," for
discussion on possible revision or elimination of the line.
Projected allocation
ADD Section 2 Category (d) Sustainability: "Carry out the following types of projects: actual work;
training; conferences; grant writing; research; fund raisers; invention/development. In these
categories, including, but not limited to, the examples listed:
1. Energy: conservation; renewables; new sources
2. Water: right water /right use; conservation; rain water catchments; storm water management
3. Forest: sustainable forestry; fire management; monitoring
4. Science: climate change; use of science in decision making; ecological studies
5. Appropriate technology: car share; alternative transportation
6. Gardening Agriculture: local food production' composting; seed collection
7. Economics: public markets; buy locally; visitor events; localizing capital; micro lending:
start -up funding and consulting*
*One grant not to exceed $12,500 to fund five $1,000 start -up grants and two $2,500 start-up grants; the
balance for administrative costs; number of grants may be reduced if necessary to provide insurance.
8. Ecology Applications: riparian restoration; no kill shelters; urban/wilderness interface;
9. Community building: dispute resolution; emergency food; homeless shelters; fairplay forums;
communications /information dissemination; meeting facilities; youth support; co- housing;
Note that this grant is intended for supporting sustainability start-ups. The grantee would provide funding
designed for new and small sustainability organizations that may not have 501c(3) status and for whom
providing their own insurance or even completing the standard application process would be burdensome."
Councilor Navickas clarified that prioritizing established organizations was an effort to maintain funding for
organizations the Council has a history of funding and not allocating a large amount for start -ups that may have issues
being sustainable.
Jim McGinnis /629 Altamont Street/Thought the Mayor's Sustainability proposal provided an opportunity for those
without 501c(3), non -profit status or insurance. He suggested criteria be clearly articulated for applying for grants
with an oversight board comprised of a cross section of citizens to process and award applications. Applying could be
a two -step process with pre applications.
Sandra Slattery/1405 Pinecrest/Explained she was the Executive Director of the Ashland Chamber of Commerce
and noted Chamber accomplishments. The Chamber received the best publication award in the nation for
ASHLAND CITY COUNCIL MEETING
February 2, 2010
Page 4 of 9
communications excellence with the Living and Doing Business Guide. She thanked the Council's previous support
and pledged the Chamber of Commerce's continued partnership to improve Ashland. She submitted a letter into the
record from Mark Marchetti supporting the Chamber.
Graham Lewis /152 N Pioneer /Shared the benefits the Chamber of Commerce brings through the Living and Doing
Business Guide, website and volunteers. He concluded the Chamber helps the quality of life for Ashland citizenry.
Dana Fortmiller /110 E Main/Read a letter from Dr. Mary Cullinan, the President of Southern Oregon University
(SOU) supporting grant money going to the Chamber of Commerce Visitors and Convention Bureau (VCB) noting
how the Chamber helps SOU directly.
Sean Daley /112 Brook Lane/Explained he was the Sales and Membership Manager of the Ashland Chamber of
Commerce. He read a letter from hill Di Chiro supporting the Council's continued financial support of the Chamber
and described some of the benefits the Chamber provides.
Donna Staggs /117 6' Street/Spoke in support of the Mayor's grant proposal for sustainability and volunteered her
time to the Chamber of Commerce to help connect the Chamber with sustainability groups in the community. She
went on to express concern for the potential detrimental affects of severe space weather explaining Oregon was an
area for probable power system collapse due to grid placement. A current cycle of sunspots and solar activity will
peak in 2013 and Ashland needs to be prepared and seriously consider this phenomenon.
Scott McGuire /665 Clay Street/Supported the proposed Sustainability grants and asked the Council to prioritize
funds for food production projects in the valley. It was important to support community food producers in and around
the City and* he listed several groups he had worked with. He supported finding more ways to incorporate food
production into the economic viability of the area.
Jeff Golden/925 Oak Street/Strongly supported having sustainability grants, the proposal was realistic and would
bring in new people and energy. He emphasized the need to have specific criteria and suggested possibly establishing
a citizen panel.
Katherine Flanagan /110 E Main/Explained she was the Director of the Visitors Convention Bureau (VCB) and
Marketing Director for the Ashland Chamber of Commerce. She noted the three VCB marketing pillars, Culinary,
Outdoor and Cultural Adventures, explained current marketing efforts for each, and thanked the Council for their
support.
Jac Nickels /821 Beach Street/Spoke as the Chair of the Economic Sustainability Committee of the Ashland
Chamber of Commerce and provided history on the committee, their goals, mission and accomplishments.
David Wick/2560 Eagle Creek Lane/Explained he was the managing Director of Triple Bottom Line for the 21
Century (TBL21). He expressed his support for the work of the Ashland Chamber of Commerce, small grantees and
provided a handout. It was a critical time to more forward on sustainability efforts.
Lynn Blanche /278 Lantern Hill/Introduced herself as the Co- Director of Triple Bottom Line for the 21 Century
(TBL21) and supported adding Sustainability as a grant category. It would not only add value to the culture of
sustainability but also provide the realization of the benefits of sustainability. She noted research indicating
sustainability aligned businesses have fared better than other businesses during the economic downtum.
Meiwin Richards /590 Grandview Drive/Explained she was the President of Ashland Chamber Board and asked for
continued grant support for the Visitors Convention Bureau (VCB). She noted accomplishments and how the
Chamber of Commerce is the "heart and core" of community sustainability.
Melanie Mindlin /1248 Calypso Court/Ezpressed her appreciation and support to the Council and Mayor for their
consideration of adding sustainability grants. She noted the vast amount of citizens concerned about the community
ASHLAND CITY COUNCIL MEETING
February 2, 2010
Page 5 of 9
and sustainability and shared her definition of sustainability and economic development.
Pam Vavra/457 C Street/Represented the Transition Town Ashland Initiating Group. She described monthly
presentations their group conducts and shared comments from those that attended. She was encouraged by the group
participation of major contributors in the community, supported small grants and suggested increasing the dollar
amount.
Chris Hardy /774 B Street/Provided handouts on the Ashland/Talent grower's collective Community Supported
Agriculture. The collective comprised of groups using sustainability and growing practices dedicated to local
economy. He explained the benefits the collective will provide, listed farms currently participating and future steps.
Catie Faryl/200 E Nevada/Thought funding sustainability non profits would allow for dramatic economic growth for
the community, generate jobs and income. Ashland's economic viability depends on diversifying businesses,
relocalizing the economy and returning to a community where all age and economic groups have work and
meaningful lives.
Bill Kaut/258 Greenbriar Place /Supported the young people's efforts on sustainable farming and noted a phrase Mr.
Hardy stated earlier about devoting their lives to the earth. He was present to offer support to the Council in
supporting these young people and their sustainability efforts.
Councilor Navickas suggested the following changes to the grant allocation:
Non Tourism
General Fund: remains the same
Strategic Planning: remains the same
Small Grants: decrease to $98,579
New category Sustainability Grants: allocate $12,500
Tourism
Chamber of Commerce VCB: increase to $280,000
Oregon Shakespeare Festival (OSF): remains the same
Small Grantees: increase to $54,183
Public Art: remains the same
City Projects: eliminate allocation
Council and staff discussed whether the grants should go under Tourism or Non Tourism. Tourism would require
applicants to prove they were actively seeking people to either spend the night or come from at least 50 miles away.
Using unrestricted dollars would lesson the burden on groups applying for grants.
Councilor Navickas/Voisin m/s approve allocations as suggested. DISCUSSION: Councilor Navickas thought
the proposal would bridge the gap between the Chamber of Commerce and sustainability groups and bring them
together. Councilor Jackson expressed concern that Council was voting on allocations prior to discussing whether to
add a new category that the public process had not occurred and additionally the language produced was not through
the public process. Councilor Lemhouse agreed it needed to go through a public process and there was a possibility it
could move under Economic Development Planning. During that time, he supported adding the language that would
promote businesses and institutions that encourage sustainability, deplete the City Project fund and allocate it to the
Chamber or small grants program for the year. Councilor Voisin did not think the public process was necessary based
on the strong public testimony in support of sustainability efforts and adding a sustainability category to the grants
was a good way for the City to contribute to sustainability. Councilor Silbiger commented if Council added
sustainability to the grants, it should go under Non Tourism as a fourth category and noted issues he had allowing
non-501c(3) organizations to apply for sustainability grants. He preferred adding sustainability criteria to the Non
Tourism section instead of segregating a specific amount for sustainability grants or use language allocating a
minimum amount.
Councilor Navickas withdrew the motion with Councilor Voisin's approval.
ASHLAND CITY COUNCIL MEETING
February 2, 20/0
Page6of9
Councilor Navickas/Voisin m/s to shift from City Projects $5,000 to the Chamber of Commerce and the
remaining amount to small grantees under Tourism and leave the allocation of Non Tourism dollars as
proposed. DISCUSSION: Councilor Chapman noted Resolution 2008 -35 contained a reasonable distribution and
included key elements of sustainability. He was hesitant to adopt a new resolution while the Economic Development
Plan was evolving and suggested adopting the previous year's appropriation instead. Roll Call Vote: Councilor
Voisin, Navickas, Lemhouse, Jackson, Silbiger, YES; Councilor Chapman, NO. Motion passed 5 -1.
Councilor Jackson/Lemhouse m/s to adopt the Resolution as presented by staff; add to Section 2 (b) (7)
"Promote businesses and institutions that encourage sustainability"; to not add Section 2(b)(8) "prioritize
established organizations" and under Section 4 (e) to add "...in terms of cultural enrichment and /or activities
of an economic nature." DISCUSSION: Councilor Jackson explained her proposal adds the concept of
sustainability into the Economic Development grants. Councilor Lemhouse thought prioritizing established
organizations took away the competitive edge.
Councilor Jackson withdrew the motion with Councilor Lem house's approval.
Councilor Jackson/Lemhouse m/s to amend proposed resolution to add under Economic Development Section
2 (b) (7) "Promote businesses and institutions that encourage sustainability to not add Section 2(b)(8)
"prioritize established organizations" and to add the ending phrase under Section 4 (e) "...in terms of cultural
enrichment and/or activities of an economic nature."
Roll Call Vote: Councilor Voisin, Lemhouse, Silbiger, Jackson and Navickas, YES; Chapman, NO. Motion
passed 5 -1.
Councilor Lemhouse /Jackson m/s to add language to Section 4 requiring that all grantees provide an annual
report to be eligible for future grants. DISCUSSION: Councilor Lemhouse explained the motion allows
transparency on how grant money was used. Councilor Navickas thought it was already implicit within the system
and expressed concern it would put further burden on administrative costs. Councilor Voisin agreed with Councilor
Navickas. Councilor Silbiger noted similar language stated in Resolution 2008 -35 Section 3 last sentences prior to
Section 4. Councilor Lemhouse responded the annual report would only strengthen that language. Mr. Tuneberg
clarified grantees sign a contract that staff monitors and have experienced a good retum. Roll Call Vote: Councilor
Lemhouse, Silbiger and Jackson, YES; Councilor Chapman, Voisin, and Navickas, NO; Mayor Stromberg,
YES; Motion passed 4 -3.
Councilor Jackson/Lemhouse m/s to change the allocations to Chamber of Commerce VCB: 61.2
Economic and Cultural Development Grants Tourism: 11.8 Remaining to tourism projects determined
in budget process: 0% this year.
Roll Call Vote: Councilor Voisin, Lemhouse, Silbiger, Jackson and Navickas, YES; Councilor Chapman, NO.
Motion passed 5 -1.
Councilor Silbiger /Jackson m/s to amend motion to change under Section 2 (b)(6) the word "water" to
"resources." DISCUSSION: Councilor Jackson read the sentence with the word change: "Encourage businesses
that efficiently use resources and minimize their impact on the environment such as water and air pollution or creation
of toxic waste." Roll Call Vote: Councilor Jackson, Silbiger, Navickas, Voisin and Lemhouse, YES; Councilor
Chapman, NO. Motion passed 5 -1.
Councilor Navickas/Voisin m/s to amend the motion to include under Section 2 Category D Sustainability:
"With a minimum of $12,500 granted carry out the following types of projects: actual work; training;
conferences; grant writing; research; fund raisers; invention/development. In these categories, including, but
not limited to, the examples listed:
1. Energy: conservation; renewables; new sources
2. Water: right water /right use; conservation; rain water catchments; storm water management
3. Forest: sustainable forestry; fire management; monitoring
ASHLAND CITY COUNCIL MEETING
February 2. 20/0
Page 7 of 9
4. Science: climate change; use of science in decision- making; ecological studies
5. Appropriate technology: car share; alternative transportation
6. Gardening Agriculture: local food production' composting; seed collection
7. Economics: public markets; buy locally; visitor events; localizing capital; micro lending: start -up
funding and consulting*
*One grant not to exceed $12,500 to fund five $1,000 start -up grants and two $2,500 start -up grants; the
balance for administrative costs; number of grants may be reduced if necessary to provide insurance.
8. Ecology Applications: riparian restoration; no kill shelters; urban /wilderness interface;
9. Community building: dispute resolution; emergency food; homeless shelters; fairplay forums;
communications /information dissemination; meeting facilities; youth support; co- housing;
Note that this grant is intended for supporting sustainability start-ups. The grantee would provide funding
designed for new and small sustainability organizations that may not have 501c(3) status and for whom
providing their own insurance or even completing the standard application process would be burdensome."
DISCUSSION: Councilor Navickas encouraged Council to support the motion. Councilor Lemhouse was not
supportive of the motion, and thought sustainability should go through the Economic Development Committee and
Council should find out what the City does currently to support sustainability efforts and reiterated the importance of
going through public process. Councilor Voisin supported the motion and thought taking it through the public
process was a delay tactic and not necessary due to the public testimony. Councilor Silbiger was not comfortable with
the list of examples and did not think they were necessary. Mayor Stromberg explained he wanted something that
paralleled Economic and Cultural and the list were examples only.
Councilor Navickas withdrew the motion with Councilor Voisin's approval.
Councilor NavickasNoisin m/s to amend the resolution to add under Section 2 Category D Sustainability:
"With a minimum of $12,500 granted carry out the following types of projects: actual work; training;
conferences; grant writing; research; fund raisers; invention /development.
In these categories, including, but not limited to, the examples listed:
1. Energy
2. Water
3. Forest
4. Science
5. Appropriate Technology
6. Gardening Agriculture
7. Economics
8. Ecology Applications
9. Community building"
DISCUSSION: Councilor Lemhouse explained applicants could apply for sustainability projects under Economic
Development if the Sustainability category was not added. Roll Call Vote: Councilor Silbiger, Navickas and
Voisin, YES; Councilor emho se, Chapman, and Jackson, NO. Mayor Stromberg, YES. Motion passed 4 -3.
Councilor Jackson /J on m/s to tentatively approve to place on the consent agenda for adoption at the
February 16, 2010 meeting a legible version of the amended Resolution with amendments made tonight,
February 2, 2010. Roll Call Vote: Councilor Lemhouse, Silbiger, Jackson, Navickas and Voisin, YES;
Councilor Chapman, NO. Motion passed 5 -1.
City Administrator Martha Bennett suggested continuing items not addressed to Monday, February 8, 2010.
2. Does the Council wish to adopt findings to complete the land use ordinance portion of the annexation
process for the property at 615 Washington Street?
Community Works Director Bill Molnar provided the staff report and history. Councilor Navickas and Lemhouse
disclosed Exparte contact from reading an article on The Modem Fan Company in the Ashland Daily Times but
declared it would not influence their ability to make unbiased decisions.
ASHLAND CITY COUNCIL MEETING
February 2, 2010
Page 8 of 9
Councilor Chapman/Lemhouse m/s to adopt findings and conclusions for approval of Planning Action 2009-
00784. ROLL Call Vote: Councilor Navickas, Lemhouse, Silbiger, Chapman, Voisin and Jackson, YES.
Motion passed.
3. Should Council approve first reading of an ordinance annexing 1.6 acres at 615 Washington Street and
withdrawing the property from Jackson County Fire District No. 5?
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Lemhouse /Jackson m/s to approve first reading and set second reading for February 16, 2010. Roll
Call Vote: Councilor Voisin, Silbiger, Chapman, Navickas, Jackson and Lemhouse, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion regarding sending City staff to Haiti for humanitarian efforts.
City Administrator Martha Bennett explained employees wanting to volunteer their time to non -profit organizations
would be granted leave and interested staff should contact their direct reports. The City paying an employee's time to
work with a non profit was complicated and more involved.
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?
Item postponed to the February 8, 2010 continued meeting.
2. Will Council approve a resolution revising operating Ending Fund Balance (EFB) targets for certain
funds and authorize budgeting increased Contingencies in certain funds?
Item postponed to the February 8, 2010 continued meeting.
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
Item postponed to the February 8, 2010 continued meeting.
2. Should the Council approve Second Reading of an Ordinance providing for uniform policies and
operating procedures for advisory commissions, committees and boards?
Item postponed to the February 8, 2010 continued meeting.
3. Should the Council approve First Reading of an Ordinance amending Chapter 1.08 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
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?
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?
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?
Items postponed to the February 8, 2010 continued meeting.
4. 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?
Item postponed to the February 8, 2010 continued meeting.
ASHLAND CITY COUNC /L MEETING
February 2, 2010
Page 9 of 9
Councilor Voisin /Jackson m/s to continue meeting to February 8, 2010 at the conclusion of the Joint Council
Parks meeting. Voice Vote: Councilor Voisin, Navickas, Lemhouse, Jackson and Silbiger, YES; Councilor
Chapman, NO. Motion passed 5 -1.
ADJOURNMENT
Members left at 10:18 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
ASHLAND CITY COUNCIL PARKS RECREATION COMMISSION MEETING
February 8, 2010
Page I of 2
Minutes for Joint Special Meeting
ASHLAND CITY COUNCIL
ASHLAND PARKS RECREATION COMMISSION
February 8, 2010
Siskiyou Room 51 Winburn Way
CALL TO ORDER
Park Commissioner Chair Mike Gardiner called the meeting to order at 6:00 p.m.
ROLL CALL
Commissioners Eggers, Noraas, and Lewis were present. Commissioner Rosenthal arrived at 6:08 p.m.
Councilor Navickas, Silbiger, Jackson, Voisin and Lemhouse were present. Councilor Chapman arrived at
6:45 p.m.
PUBLIC INPUT
Lynn Thompson/125 N Main Street/Noted that she is Chair of the Citizens Budget Committee and
voiced concerns regarding the draft Memorandum of Understanding (MOU) between the City of Ashland
and the Park Commission. She did not feel that it was appropriate for the City and Parks to agree in a
recital included in the contract to a tax rate. She felt that it should be the citizens and the Budget
Committee who determine this tax rate. That there should be a thorough discussion on what this tax rate
should be and that it not be contractually set in this form.
AGREEMENT ON SERVICES COSTS SHARED BETWEEN CITY AND PARKS
RECREATION
Administrative Services Director Lee Tuneberg presented staff report and stated that the goal is to make
sure that everyone is in agreement and 'understands the costs involved. He explained that the MOU
explains this and provides cost of service information.
He explained that the City Auditors had commented that the MOU needed to be formally approved and
adopted. Staff is looking at this as a ratification of an agreement and clarification of responsibility.
Further explanation was provided on how Internal Services costs were calculated.
Continued discussion and clarification on MOU:
Section 3.2 Consider revising language as current language is not accurately reflecting
current practice. Should talk about what is "fair."
Section 3.4 Consider some revenue to go to City, compensation formula was clarified.
Golf Course is the responsibility of Parks and is not included in the MOU City does not
provide funding
Recital F Staff stated that they had been directed to bring this before the two bodies prior to
the beginning of the budget process. It was agreed that this may not be appropriate to place
in the MOU. Comment was made that any agreed upon amount is subject to change and it
was suggested that the language recognize that this is an assumption for budget purposes
only.
Recital F Suggestion to remove language
ASHLAND CITY COUNCIL PARKS RECREATION COMMISSION MEETING
February 8, 2010
Page2of2
Mr. Tuneberg handed out General Fund Projections which indicated projected expenses. These are
expenses spent this year with inflationary increases. He stated that it is not a proposed budget.
Staff recommended three options 1) approve a 1 -year agreement; 2) leave Park tax rate at $2.09 for
assumption purposes and 3) reserve, not allocate, the ability for the city to use the un- levied $8.92 from
Parks.
City Administrator Martha Bennett explained the basis for this recommendation. It is not to increase the
allocation of $2.09; staff believes that Parks is in a better stable financial situation compared to the City.
Park Commissioners voiced concern that this would set precedence although they understood they just
may not agree. Not having access to un- levied money is troubling to the Park Commissioners.
Ms. Bennett explained that the Citizen Budget Committee will make the decision on this point if the two
bodies do not agree. Park Commission Rosenthal stated that there needed to be a base line established in
order for them to work out a budget but understood that these assumptions could change throughout the
budget process.
Park Director Don Robertson noted the frustration that was created when the State combined the two
levies. He understood that the direction is for Parks to work on the assumption of $2.09 which leaves no
room for growth and if the City requires further funds that these funds would come from the un- levied
Park funds rather than the $2.09 assumed rate.
Citizen's commitment to Parks was noted and "good faith" demonstrations by both the City Council and
Parks Commission were noted.
Councilor Silbiger/Lemhouse m/s to approve draft Memorandum of Understanding with removal
of Recital F, noted clarifications in sections 2.2, 3.2 and 3.4. Roll Call Vote: Navickas, Jackson,
Lemhouse, Silbiger, Voisin and Chapman, YES. Motion passed.
Councilor Silbiger /Chapman m/s that the City .Parks agree on a proposed allocation of the
operating tax levy prior to submitting the proposed budget developed on that agreement to the
Citizen Budget Committee for approval. The agreed upon proposed tax rate for Parks is $2.09 for
this year. Roll Call Vote: Navickas, Jackson, Lemhouse, Silbiger, Voisin and Chapman, YES.
Motion passed.
Parks Commissioner Rosenthal/Noraas m/s to approve the Memorandum of Understand as well as
the proposed allocation of levy at $2.09 for Parks and Recreation as approved by the City Council.
Roll Call Vote: Rosenthal, Eggers, Lewis, Noraas and Gardiner, YES. Motion passed.
Meeting was adjourned at 7:07 p.m.
Dana Smith, Assistant to City Recorder John Stromberg, Mayor
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PROCLAMATION E
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"2010 CENSUS” 6
An accurate census count is vital to our community and residents' well being by
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helping planners determine where to locate schools, day -care centers, roads and
public transportation, hospitals and other facilities, and is used to make decisions
i concerning business growth and housing needs.
More than $300 billion per year in federal and state funding is allocated to states and y C<
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communities based on census data.
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Y 6 Census data ensure fair Congressional representation by determining how many seats r ti \J
4, each state will have in the U.S. House of Representatives as well as the redistricting
Ai legislatures, county of state le city Y
g tY and tY council, and votin g districts. .t.,-
o c Y The 2010 Census creates jobs that stimulate economic growth and increase o
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employment opportunities in our community.
The information collected by the census is protected by law and remains confidential a
o e for 72 years. ha, p 0
NOW THEREFORE, the City Council and Mayor hereby proclaim that the City of e ',,i
e'-`' Ashland is committed to partnering with the U.S. Census Bureau to help ensure a full and n
accura count in 2010.
11,, j
V 14 As a 2010 Census partner, we will: rte,.
p ke 4 1. Support the goals and ideals for the 2010 Census and will disseminate 2010 >yF
Census Information to encourage those in our community to participate. 1
2. Encourage people in Ashland to place an emphasis on the 2010 Census ands
o ensure a full and accurate census.
o
t F 3. Support census takers as they help our community complete an accurate count. 4
4 4. Create or seek opportunities to collaborate with other like minded groups in our rj,.
community to utilize high profile, trusted voices to advocate on behalf of the r
o 2010 Census. Q
k
Dated this 16 day of February, 2010. i i'i�N1� 7 7 d" .fr.
4
John Stromberg, Mayor
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Barbara Christensen, City Recorder 4 r
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CITY O F
ASHLAND
Council Communication
Liquor License Application
Meeting Date: February 16, 2010 Primary Staff Contact: Barbara Christensen
Department: City Recorder E -Mail: christeb @ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Dana Hight dba Deliver de
Cuisine at 295 E Main Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for a new license.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page 1 of
CITY O F
H LAN D
Council Communication
Approval of a Special Procurement for the Update of the Transportation Analysis
for the Croman Mill Site Redevelopment Plan
Meeting Date: February 16, 2010 Primary Staff Contact: Bill Molnar
Department: Community Development E -Mail: molnarb @ashland.or.us
Secondary Dept.: Purchasing Secondary Contact: Maria Harris
Approval: Martha Ben a Estimated Time: Consent
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Special Procurement
requesting approval to directly award a contract to update the transportation analysis for the Croman
Mill Site Redevelopment Plan to DKS Associates?
Staff Recommendation:
Staff recommends that Council approve the Contract specific Special Procurement for the update of
the transportation analysis for the Croman Mill Site Redevelopment Plan directly DKS Associates.
The estimated cost is $11,000 and the Community Development Department has sufficient funds in the
budget to pay for the project.
Background:
The purpose of updating the transportation analysis for the Croman Mill Site Redevelopment Plan is to
include an additional land use scenario to address the "hybrid" industrial /office land use plan, the
phasing of the central boulevard should the Oregon Department of Transportation (ODOT)
maintenance yard remain in place indefinitely, impacts of a railroad crossing connecting the plan area
to Washington Street and to address new findings requirements of the Transportation Planning Rule.
A transportation analysis was completed by DKS Associates as part of the development of the Croman
Mill Site Redevelopment Plan. The project including the transportation analysis was funded and
administered by the Transportation and Growth Management (TGM), a joint program of the Oregon
Department of Land Conservation and Development (DLCD) and ODOT. The TGM project scope of
work required a transportation analysis for the redevelopment plan including four initial land use
scenarios including an office scenario and an industrial scenario. However, the redevelopment plan
ultimately resulted in a fifth scenario, or a "hybrid" scenario including a mix of industrial and office
land uses. The proposed update to the transportation analysis would address the hybrid land use plan
that came after the initial transportation analysis was completed. ODOT recently submitted a letter
identifying the need to update the transportation analysis to be consistent with the expected
redevelopment, and to address the phasing of the central boulevard should the ODOT maintenance
yard on Tolman Creek Road remain in place indefinitely. DKS Associates performed the original
transportation analysis for the Croman Mill Site Redevelopment Plan, and the update of the
transportation analysis is an extension of the project.
A Special Procurement is a contracting procedure that differs from the procedures required for an
Intermediate Procurement (3- written quotes), Invitation to Bid, Request for Proposal, Sole Source or
Emergency. The proposed procedure being recommended is direct award per the attached Request for
Page 1 of 2
InIMI
CITY OF
ASHLAND
a Special Procurement. For more information, please see the attached Request for a Special
Procurement.
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the Special Procurement or
decline to approve the Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve the request for a Special
Procurement.
Attachments:
Request for a Special Procurement
Letter from Michael Baker, ODOT Principal Planner, February 1, 2010
Page 2 of 2
n`,
C I T Y O F
ASH LAN D
REQUEST FOR APPROVAL
SPECIAL PROCUREMENT
To: City Council, Local Contract Review Board
From: Bill Molnar, Community Development Director
Date: February 11, 2010
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Community Development, Planning Division
2. Department Contact Name: Bill Molnar and Maria Harris
3. Type of Request: Class Special Procurement X Contract specific Special Procurement
4. Time Period Requested: From: Upon Approval To: June 30, 2010
5. Total Estimated Cost: $11,000
6. Supplies and/or Services or class of Supplies and/or Services to be acquired
Personal services to update the transportation analysis for the Croman Mill Site Redevelopment Plan
to include an additional land use scenario to address the "hybrid" industrial/office land use plan, the
phasing of the central boulevard should the ODOT maintenance remain in place indefinitely, impacts
of a railroad crossing connecting the plan area to Washington Street and to address new findings
requirements of the Transportation Planning Rule. Professional services to be provided by DKS
Associates.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
The Croman Mill Site Redevelopment Plan including the transportation analysis was awarded,
administered and managed by the state Transportation and Growth Management (TGM) program.
The proposed contracting procedure is a direct award.
Form #9 Special Procurement— Request for Approval, Page 1 of 4, 2/12/2010
8. Justification for use of Special Procurement: Describe the circumstances that justify the use ofa
Special Procurement. Attach relevant documentation.
A transportation analysis was completed by DKS Associates as part of the development of the Croman
Mill Site Redevelopment Plan. The project including the transportation analysis was funded and
administered by the Transportation and Growth Management (TGM), a joint program of the Oregon
Department of Land Conservation and Development (DLCD) and Oregon Department of
Transportation (ODOT). The TGM project scope of work required a transportation analysis for the
redevelopment plan including four initial land use scenarios including an office scenario and an
industrial scenario. However, the redevelopment plan ultimately resulted in a fifth scenario, or a
"hybrid" scenario including a mix of industrial and office land uses. The proposed update to the
Croman transportation analysis would address the hybrid land use plan that came after the initial
transportation analysis was completed. DKS Associates performed the original transportation analysis
for the Croman Mill Site Redevelopment Plan, and the update of the transportation analysis is an
extension of the project. DKS Associates is well acquainted with the study area, as well as the
historical travel data, modeling and surrounding opportunities and constraints. The labor associated
with locating another firm, providing project background and familiarizing the firm with the intricacies
of the project would add costs with no guarantee that the services to be provided would meet or exceed
the services provided by DKS Associates.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
The update to the Croman transportation analysis is an extension of the previous work that DKS
Associates performed for the Croman Mill Site Redevelopment Plan. Based on their previous work on
the project, DKS Associates has extensive knowledge of the master plan, project area and background.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);
and t
X (b)(i) will result in substantial cost savings to the contracting agency or to the public
because:
The labor associated with locating another firm, providing project background and familiarizing the
firm with the intricacies of the project would add costs with no guarantee that the services to be
provided would meet or exceed the services provided by DKS Associates.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
(b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any roles adopted thereunder because:
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Form #9 Special Procurement Request for Approval, Page 2 of 4, 2/12/2010
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137 047 0285(2), a Contracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137- 047 -0300. The public notice shall describe the Goods or Services or class of Goods
or Services to be acquired through the Special Procurement. The Contracting Agency shall
give such public notice of the approval of a Special Procurement at least seven (7) Days
before Award of the Contract.
Date Public Notice first appeared on www.ashland.or.us February 17, 2010
PUBLIC NOTICE
Approval of a'Special Procurement
First date of publication: February 17, 2010
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on February 16, 2010.
The Contract Specific Special Procurement was processed to request approval to directly
award a contract to DKS Associates for work upon approval to June 30, 2010.
The personal services to be provided by DKS Associates is professional services to update
the transportation analysis for the Croman Mill Site Redevelopment Plan as an extension
of the previous work that DKS Associates performed on the Croman Mill Site
Redevelopment Plan.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 2798.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137 047 -0300. A written protest shall be
delivered to the following address: City of Ashland, Community Development
Department, Maria Harris, 20 East Main Street, Ashland, OR 97520. The seven (7)
protest period will expire at 5:OOpm on February 23, 2010.
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form #9 Special Procurement Request for Approval, Page 3 of 4, 2112/2010
Authority to enter into a Special Procurement:
AMC 2.50.070 Procedures for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A 279C and the Attorney General
Model Rules, OAR Chapter 137 Divisions 46 49, except for the following:
G. Special procurements as set forth ORS 2798.085 and herein.
ORS 279B.085 Special procurements. (I) As used in this section and ORS 27913.400:
(a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 2798.055,
2798.060, 2798.065 and 2798.070 and is for the purpose of entering into a series of contracts over time for the acquisition ofa specified
class of goods or services.
(b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS
27913.055, 2798.060, 2798.065 and 2798.070 and is for the purpose of entering into a single contract or a number of related contracts for
the acquisition of specified goods or services on a one -time basis or for a single project.
(c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract- specific special
procurement or both.
(2) Except as provided in subsection (3) of this section, to seek approval ofa special procurement, a contracting agency shall subunit a
written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that
describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use ofa special procurement under the standards set forth in subsection (4) of this
section.
(3) When the contracting agency is the office of the Secretary of State or the office of the Stale Treasurer, to seek approval ofa special
procurement, the contracting agency shall subunit a written request to the Secretaty of Stale or the State Treasurer, as applicable, that
describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use ofa special procurement under the standards set forth in subsection (4) of this
section.
(4) The director, a local contract review board, the Secretaty of Stale or the Sate Treasurer may approve a special procurement if the
director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section
demonstrates that the use ofa special procurement described in the request. or an alternative procedure prescribed by the director, board,
Secretary of State or Sate Treasurer, will:
(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts;
and
(b)(A) Result in substantial cost savings to the contracting agency or to the public; or
(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with
requirements that are applicable under ORS 2798.055. 2798.060, 2798.065 or 2798.070 or under any rules adopted thereunder.
(5) Public notice of the approval ofa proposed special procurement must be given in the sane manner as provided in ORS 2798.055
(6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer
the contracting agency determines in writing to be the most advantageous to the contracting agency.
(7) When the director, a local contract review board, the Secretary of State or the Sate Treasurer approves a class special procurement
under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in
accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c.794 $57; 2005 c.103
§8d]
OAR 137- 047 -0285 Specia! Procurements
(I) Generally. A Contracting Agency may Award a Contract as a Special Procuretnent pursuant to the requirements of ORS 2798.085.
(2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval ofa Special
Procurement in the same manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137- 047 -0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through to Special Procurement. The Contracting
Agency shall give such public notice of the approval ofa Special Procurement at least seven (7) Days before Award of the Contract.
(3) Protest. An Affected Person may protest the request for approval ofa Special Procurement in accordance with ORS 2798.400
and OAR 137 -047 -0700.
Form #9 Special Procurement Request for Approval, Page 4 of 4, 2/12/2010
r ''a IIIr Oregon Department District
e
+J Theodore u. xulnngmkb Governor 100 Antelope Road
ei:e RECEIVED white City, OR 97503
February 1, 2010 Telephone (541) 774 -6299
FAX (541) 774 -6349
Bill Molnar FEB 2 2010 File Code:
"Community Development Director
City of Ashland
20 East Main Street Cty of Ashland
Ashland, OR 97520 Community Development
RE: Croman Mill Site Redevelopment Plan
Dear Bill,
We appreciate the work the city has put into redevelopment of the Croman Mill Site and understand the city's
desire to revitalize this area. Redevelopment is expected to increase employment and provide needed housing
options for city residents. We also appreciate your willingness to work with us in relation to the Ashland
Maintenance Yard located within the proposed Croman Mill District. As we discussed on the phone, we would
like to share some of our comments as they relate to State transportation facilities.
First, the redevelopment plan indicates development of a "signature street" referenced in the document as Central
Boulevard. As currently written, the plan assumes that this road will traverse through the Maintenance Yard via
an easement. We understand that the plan is being revised to remove any reference to easements through the
property, and will instead add language indicating the need to purchase the property for plumed development to
occur.
We were also concerned that with our ability to reconstruct the maintenance buildings should a fire or other
disaster occur, necessitating their replacement. We are concerned with our ability to rebuild and meet the new
design standards contained in the proposed neighborhood commercial zone. You have indicated that city staff is
working to develop language that will allow replacement of these buildings should a catastrophic event occur.
With these two changes (purchase of property and allowing building replacement), ODOT is satisfied, but would
like to review actual language before final adoption.
Altemately, one solution perhaps not considered that would allow building replacement and increase the
likelihood of redevelopment would be the "down zoning" of our property. As currently proposed, the
maintenance yard zoning will change to allow commercial development. This is expected to greatly increase the
value of the property. Instead, the city might consider changing our zoning to public reserve and making the
property less costly to redevelop.
Secondly, we understand the city will be updating the traffic analysis completed for the Croman Mill District.
One suggestion would be to phase the traffic analysis consistent with expected redevelopment. For example, the
current traffic analysis relies upon the new Central Boulevard to distribute traffic both north and south of the site
to Asliland Street and Siskiyou Boulevard. Since it is unknown when ODOT will be able to relocate, the traffic
analysis should indicate impacts to Siskiyou Boulevard as opposed to diverting some of the traffic northward.
As DLCD pointed out in their November letter, the traffic analysis will be important to make findings consistent
with the transportation planning rule. We would be happy to offer our assistance as you develop these findings.
Findings will need to identify planned improvements as well as their funding.
We look forward to working with you further as this plan moves forward. Please enter this letter into the record.
If you have any questions, I can be reached at 541 -957 -3658.
Sincerely,
Michael Baker
ODOT Principal Planner
Attachment: DKS Traffic Impact Analysis Croman Mill) Review
1
STATE OF OREGON INTEROFFICE MEMO
Department of Transportation
Region 3, District 8 Development Review
Traffic Engineering Section
100 Antelope Road
White City, Oregon 97503
P: (504) 774 -6316 F: (504) 774-6349 Date: January 29, 2010
TO: Shawn Stephen
Assistant District 8 Manager
FROM: Wei "Michael" Wang, P.E. M.S.
Development Review Traffic Engineer
SUBJECT: Review of Croman Mill Transportation Report
Dated January 2, 2009
nti 7;v:Pegei 1 .4?Rigi r4 7.1t!S S.l Cfl 5--}r' k tl F x a -s 3. 2� ,t< iii- 3. i.;,s
iii ��B�xF..v,.:4 .ai n9.o.tl. &.a,. b�
1 4 Figure 2 The peak hour volumes are not balanced in Figure 2. There is no
information about truck percentage, peak hour factor, pedestrian, bike
volume, and bus percentage in this analysis.
2 6,14,16, Table 1,7, 8, Please provide 95' percentile queue length for all the intersections. Region
17,18,19 9, 10, 11, 3 Traffic would like to review the related Synchro files and default settings
20,21 12,13 for these intersections.
3 12,16 On page 12, the TIA indicates that the realignment of Tolman Road has the
potential to divert 24 or between 50 -100 peak hour trips due to a less
direct north/south route to connect to /from OR 99 and Hwy 66. Please
provide detailed analysis to show the fact that the 50 -100 diverted trips are
included in the new Signature Street OR 99 intersection v/c calculation.
On page 16, the TIA discusses changing the peak hour factor from 0.81 to
0.92 for future analysis based on the commuter rail service. Region 3
Traffic are not aware of the commuter rail system in Rogue Valley area.
Please provide the detailed information and verify this mitigation
measurement.
4 17 Paragraph 3 Based on Figure 6 mitigation, there will be an EB left turn and a WB right
turn mitigation at the intersection of Hwy 66 I5 NB Alternative B.
Change the phrase "In addition, a separate westbound right turn pocket
would be..." to "In addition, a separate eastbound left and a westbound
right turn pocket would be..."
5 21 Paragraph 3 Based on Figure 6, there will be an EB left turn and a WB right turn
mitigation at the intersection of Hwy 66 1 NB Alternative D.
Change the phrase "This consisted of signalization and adding a separate
westbound right turn pocket." to "This consisted of signalization and
adding a separate eastbound left and a westbound right turn pocket."
6 General Mitigation ODOT is planning to rebuild the Exit 14 interchange. The proposed
interchange will have a four lane cross road with ramps in a diamond
configuration. The intersections of Hwy 66 I -5 NB, Hwy 66 I -5 SB
will be signalized. Please coordinate with ODOT for the 2030 Croman Mill
mitigation at these two intersections.
7 General Mitigation At the intersection of Hwy 66 Washington Street, Region 3 Traffic is not
willing to support the signalization of this intersection due to its proximity
to the Hwy 66 I -5 SB intersection, which will be signalized with the
interchange reconstruction project.
A non traversable median will be installed along the west side of the
interchange from the ramp terminals to Tolman Creek Road as outlined in
the I -5 interchange 14 IAMP.
8 General Mitigation There is not enough sight distance for turning movement from OR 99 to
Mistletoe Road and from Mistletoe to OR 99. Region 3 Traffic would like
to seek the opportunity to close the Misteltoe approach due to this safety
issue. Misteltoe should become a cul -de -sac. The traffic will access to OR
99 via the proposed Signature Street.
9 General Mitigation The mitigation for the intersection of Tolman Creek Mistletoe is
proposed to be a signalized intersection with the lane configuration
changed to a tee intersection. Please notify the ODOT Rail department of
these proposed changes and get approval with this mitigation.
10 General Mitigation The Signature Street proposal indicates the street will go through the
existing ODOT maintenance facility. Is the developer proposing to
purchase ODOT's property for the new street? Please indicate any
additional mitigation if this connection is not completed.
If you have any questions regarding my comments, please call me at (541) 774 -6316.
cc: Shyatn Sharma, Region 3
Ron Hughes, Region 3
Jerry Marmon, Region 3
CITY O F
ASHLAND
Council Communication
First Reading of an Ordinance Amending 18.108.070 and 18.112 Concerning
Timetable Tolling
Meeting Date: February 16, 2010 Primary Staff Contact: Brandon Goldman
Department: Planning E -Mail: goldmanb @ashland.or.us
Secondary Depts.: Legal Secondary Contact: Bill Molnar
Approval: Martha Bennet Estimated Time: 15 minutes
Question:
Does Council wish to amend Chapters 18.112 and Chapter 18.108 of the Ashland Land Use Ordinance
(ALUO) to provide for timetable tolling during pending appeals and court proceedings?
Recommendations:
The Planning Commission reviewed the proposed ordinance which suspends the "clock" until appeals
of planning actions are concluded at a public hearing on January 26 and forwarded a unanimous
recommendation to approve.
Staff recommends approval of the proposed amendments believing they provide necessary allowances
to enable appellants to pursue legal challenges to local Planning Approvals, while the validity of
Planning Approvals is retained pending the outcome of court proceedings.
Background:
On October 20` 2009 the City Council directed the Planning Commission to consider an ordinance
revising the Ashland Land Use Ordinance so that the timetable for approved Planning Actions would
be suspended, or "tolled for appeals outside the local approval process, as is the case with appeals to
LUBA or the Circuit Court.
Appeals of approved Planning Actions to the Land Use Board of Appeals (LUBA), Oregon Circuit
Court, or Oregon Supreme Court, may take longer than the 12 month allowance for an applicant to get
building permits and begin construction following the final decision of the City. For projects appealed
beyond the local approval process, this limitation has the potential to nullify a project's approval should
appeals extend beyond the first year and a subsequent 18 month extension.
The proposed ordinance amends 18.108.070 (Effective Date of Decision and Appeals) and 18.112
(Enforcement) to suspend the timetable of development from the date of the final decision during the
appeal period. The tolling period would be limited to the exact number of days the project is under
appeal, but not to exceed a maximum of two years.
In the event that the proposed maximum 24 month appeal tolling period expired without resolution
through the courts, the applications original 12 month timetable would provide additional time for
resolution. Additionally an applicant could apply for a regular 18 month extension provided the
conditions for an extension are met per Chapter 18.112.035 as proposed.
Page 1 of 2
"Ai
CITY O F
AS HLAND
A summary of the amendments proposed are as follows:
The proposed ordinance establishes an automatic appeal tolling period equal to the exact
number of days a project is under appeal, not to exceed 24 months.
Clarifies Section 18.112.030 to note that-revocation of a permit shall not occur if an extension
application is filed and deemed complete prior to the date of expiration, pending application
review and decision.
Subsequent to the Planning Commission review of the draft ordinance on January 26, 2010,
Staff deleted a section previously included that provided for the timetable tolling ordinance to
be retroactively applicable to planning actions that had previously been delayed due to recent
LUBA appeals. In reviewing recent appeals it appears that each has been resolved and there
are no current appeals under LUBA or Court review that would benefit from the previously
included provision. As such, removal of this section in its entirety provides for a simplified
ordinance that achieves the same intended purpose.
General amendments proposed in this ordinance regarding processing of extension applications
are addressed in the Council Communication for the "recession extension" ordinance.
Provisions specifically relating to the "recession extension" are included in a separate
ordinance and Council Communication.
Related City Policies:
Section 18.108.170 of the Ashland Land Use Ordinance relating to Legislative Amendments.
Potential Motions:
Move to approve first reading of an Ordinance amending sections 18.108.070 and 18.112 of the
Ashland Land Use Ordinance concerning Timetable Tolling (or as amended per Council discussion).
Move to deny first reading of an Ordinance amending sections 18.108.070 and 18.112 of the Ashland
Land Use Ordinance concerning Timetable Tolling
Attachments:
Ordinance Amending 18.108.070 and 18.112 Concerning Timetable Tolling
Planning Commission Minutes Excerpts 1/26/2010
Staff Report dated 1/26/2010
Documents Submitted
Page 2 of 2
P,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 18.108.070 AND AMC 18.112,
CONCERNING TIMETABLE TOLLING
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold IiMed- through and additions are bold underlined.
WHEREAS, Article 9. Section 1, of the Ashland City Charter provides:
Violation of Charter, Ordinance and Laws The Council, at any regular or
adjourned meeting, shall have the power within the limits of the City of Ashland to
enact laws, ordinances and pass resolutions not in conflict or inconsistent with
the laws of the United States, the State of Oregon, or the provisions of this
Charter; and to provide for punishment of any person or persons found guilty by
a competent tribunal of the violation of any such laws, ordinances, or any of the
provisions of this Charter, by fine or imprisonment of such offender, until such
fine and costs are paid; and
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
WHEREAS, the Ashland Municipal Code does not expressly toll or suspend,
development timetables in the event the project is subject to a LUBA or Circuit Court
proceeding; and
WHEREAS, the City of Ashland, acting by and through the City Council, desires to
expressly provide for timetable tolling during pending appeals and proceedings; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: Amendment. AMC 18.108.070 [Effective Date of Decision and Appeals]
Page 1 of 7
is hereby amended to add a new subsection D:
18.108.070 Effective Date of Decision and Appeals
A. Ministerial actions are effective on the date of the decision of the Staff Advisor
and are not subject to appeal.
B. Actions subject to appeal:
1. Expedited Land Divisions. Unless appealed within 14 days of mailing a
notice of decision, the Staff Advisor decision becomes final on the 15 day.
Appeals shall be considered as set forth in ALUO 18.108.030(C) and ORS
197.375.
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning
actions resulting from the Type I Planning Procedure shall be the Staff
Advisor decision, effective on the 13 day after notice of the decision is
mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section
18.1 08.070 (B) (2) (c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning
actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency
may request reconsideration of the action after the decision has been
made by providing evidence to the Staff Advisor that a factual error
occurred through no fault of the party asking for reconsideration,
which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the
failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
ii. Reconsideration requests shall be received within five (5) days of
mailing. The Staff Advisor shall decide within three (3) days whether
to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial
to the decision, the Staff Advisor shall withdraw the decision for
purposes of reconsideration. The Staff Advisor shall decide within ten
(10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm,
modify, or reverse to any party entitled to notice of the planning
action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the
decision, the Staff Advisor shall deny the reconsideration request.
Notice of denial shall be sent to those parties that requested
reconsideration.
c. Appeal.
Page 2 of 7
i. Within twelve (12) days of the date of the mailing of the Staff Advisor'
s final decision, including any approved reconsideration request, the
decision may be appealed to the Planning Commission by any party
entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved
by the City Administrator, be accompanied by a fee established
pursuant to City Council action, and be received by the city no later
than 4:30 p.m. on the 12 day after the notice of decision is mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the
fee for the initial hearing shall be refunded. The fee required in this
section shall not apply to appeals made by neighborhood or
community organizations recognized by the city and whose
boundaries include the site.
iii. The appeal shall be considered at the next regular Planning
Commission or Hearings Board meeting. The appeal shall be a de
novo hearing and shall be considered the initial evidentiary hearing
required under ALUO 18.108.050 and ORS 197.763 as the basis for
an appeal to the Land Use Board of Appeals. The Planning
Commission or Hearings Board decision on appeal shall be effective
13 days after the findings adopted by the Commission or Board are
signed by the Chair of the Commission or Board and mailed to the
parties.
iv. The appeal requirements of this section must be fully met or the
appeal will be considered by the city as a jurisdictional defect and will
not be heard or considered.
d. Final Decision of City. The decision of the Commission shall be the
final decision of the City on appeals heard by the Commission on Type I
Planning actions, effective the day the findings adopted by the
Commission are signed by the Chair and mailed to the parties.
3. Type II Planning Actions.
a. Effective Date of Decision. The decision of the Commission is the final
decision of the City resulting from the Type II Planning Procedure,
effective 13 days after the findings adopted by the Commission are
signed by the Chair of the Commission and mailed to the parties, unless
reconsideration of the action is authorized as provided in Section (b)
below or appealed to the Council as provided in section 18.108.110.A.
b. Reconsideration.
i. The Staff Advisor on his /her own motion, or any party entitled to
notice of the planning action may request reconsideration of the action
after the Planning Commission final decision has been made by
providing evidence to the Staff Advisor addressing one or more of the
following: (1) new evidence material to the decision exists which was
unavailable, through no fault of the requesting party, when the record
Page 3 of 7
of the proceeding was open; (2) a factual error occurred through no
fault of the requesting party which is relevant to an approval criterion
and material to the decision; (3) a procedural error occurred, through
no fault of the requesting party, that prejudiced the requesting party's
substantial rights and remanding the matter will correct the error.
Reconsideration requests are limited to errors identified above and
not the failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
ii. Reconsideration requests shall be received within seven (7) days of
mailing. The Staff Advisor shall promptly decide whether to
reconsider the matter.
iii. If the Staff Advisor is satisfied that an error occurred as identified
above and is crucial to the decision, the Staff Advisor shall schedule
reconsideration with notice to participants of the matter before the
Planning Commission. Reconsideration shall be scheduled before the
Planning Commission at the next regularly scheduled meeting.
Reconsideration shall be limited to the portion of the decision affected
by the alleged errors identified in paragraph 3.b.i above.
iv. The Planning Commission shall decide to affirm, modify, or reverse
the original decision. The Planning Commission Secretary shall send
notice of the reconsideration decision to any party entitled to notice of
the planning action.
c. Final Decision of City. Unless the decision is remanded to the Planning
Commission, the decision of the City Council shall be the final decision of
the City on appeals heard by the Council, on Type II Planning actions,
effective the day the findings adopted by the Council are signed by the
Mayor and mailed to the parties.
4. Type III Planning Actions. For planning actions described in section
18.108.060.A.1 thru 4, the decision of the Council shall be the final decision
of the City, effective the day the findings adopted by the Council are signed
by the Mayor and mailed to the parties.
5. Council Call Up. The City Council may call up any planning action for a
decision upon motion and majority vote, provided such vote takes place in
the required appeal_period. Unless the planning action is appealed and a
public hearing is required, the City Council review of the Planning Action is
limited to the record and public testimony is not allowed. The City Council
may affirm, modify or reverse the decision of the Planning Commission, or
may remand the decision to the Planning Commission for additional
consideration if sufficient time is permitted for making a final decision of the
city. The City Council shall make findings and conclusions and cause copies
of a final order to be sent to all parties of the planning action.
C. No building or zoning permit shall be issued for any action under this Title until
the decision is final, as defined in this section.
Page 4 of 7
D. Notwithstanding any other provision of this Chapter, in the event a LUBA
appeal or a Circuit Court proceeding is filed concerning a final land use
decision of the City, the timetable of development is deemed tolled or
suspended from the date of the final decision of the City until final
resolution of all appeals or final action on remand, whichever is later not
to exceed 24 months. After resolution of all such appeals or remands,
timetables shall be adiusted in writing by the Staff Advisor to reflect this
automatic tolling, regardless of the approval authority.
SECTION 3: Amendment. Section 18.112.030 [Revocation- permit expiration] is
hereby amended to read as follows:
18.112.030 Revocation permit expiration Any zoning permit, or planning action
granted in accordance with the terms of this Title shall be deemed revoked if not used
within one year from date of approval, unless another time period is specified in another
section of this Title. Said permit shall not be deemed used until the permittee has
actually obtained a building permit, and commenced construction thereunder, or has
actually commenced the permitted use of the premises. If an application for
extension is deemed complete for processing prior to the timetable expiration
date, the permit or action shall not expire by operation of this section unless the
application is abandoned or not approved or denied within 90 days. The -Staff
SECTION 4: Amendment. A new Section 18.112.035 [Timetable Extension] is hereby
added to read as follows:
18.112.035 Timetable Extension
A. The Staff Advisor shall grant a timetable extension of any zoning permit or
planning action approval under demonstrated compliance with the
following conditions:
1. One time extension no longer than eighteen (18) months is allowed.
Page 5 of 7
2. The Staff Advisor shall find that a change of conditions for which the
applicant was not responsible prevented the applicant from completing the
development within the original time limitation.
3. Land Use Ordinance requirements applicable to the development have
not changed since the original approval. An extension may be granted,
however, if requirements have changed and there is no material effect upon
the original approval, and the applicant agrees to comply with any new
requirements, as a condition the extension.
SECTION 5. Amendment. Section 18.112.090 is hereby amended to read as follows:
18.112.090 Penalties Any person, firm or corporation, whether as principal, agent
employee, or otherwise, violating or causing the violation of any of the provisions of this
Title has committed a Class A violation offense, an-infraction, and upon conviction
thereof is punish -able as prescribed in Section 1.08.020 of the Ashland Municipal Code,
subject to the limitations of the Ashland City Charter. Such person, firm, or
corporation is guilty of a separate violation for each and every day during any portion of
which any violation of this Title is committed or continued by such person, firm or
corporation.
SECTION 6. Amendment. Section 18.112.100 is hereby amended to read as follows:
18.112.100 Complaints. Complaints concerning violations to this Title can be initiated
only as provided in AMC Chapter 1.08.
SECTION 7. 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 8. 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 time said ordinances(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 9. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article "section or
another word, and the sections of this Ordinance may be renumbered, or re- lettered,
Page 6 of 7
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
7 -9) need not be codified and the City Recorder is authorized to correct any cross
references and any typographical errors, and to combine in the codification multiple
ordinances amending the same section.
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
Page 7 of 7
CITY O F
AS HLAND
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
DRAFT
EXCERTPS OF MINUTES
January 26, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East
Main Street.
Commissioners Present: Staff Present:
Larry Blake Bill Molnar, Community Development Director
Michael Dawkins Brandon Goldman, Senior Planner
Pam Marsh Amy Gunter, Assistant Planner
Debbie Miller Richard Appicello, City Attorney
Melanie Mindlin April Lucas, Administrative Assistant
Mike Morris
Absent Members: Council Liaison:
Dave Dotterrer Eric Navickas, absent
John Rinaldi, Jr.
ANNOUNCEMENTS
Commissioner Marsh announced the vacancy on the Planning Commission and encouraged interested
citizens to submit applications to the Mayor's office.
Community Development Director Bill Molnar noted a review of the City's 2007 Economic Opportunities
Analysis has been completed and the report is now available on the City's website. Commissioner Marsh
requested this report be distributed to the Planning Commission at their next meeting. She also noted
Commissioner Rinaldi is a member of the Economic Development Technical Advisory Committee and he
will be providing an update at a future meeting.
PUBLIC FORUM
No one came forward to speak.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2009 -01610 (Part 1)
APPLICANT: City of Ashland
DESCRIPTION: Public Hearing regarding amendments to the Ashland Land Use Ordinance
(ALUO) chapters 18.108.070 and 18.112 concerning timetable tolling.
Senior Planner Brandon Goldman stated the Planning Commission previously reviewed this, however the
following revisions have been made to the ordinance that is before them: 1) the appeal tolling period will be
equal to the exact number of days the project is under appeal (not to exceed 24 months), 2) to obtain a
tolling period extension an application must be filed, and 3) there are three conditions that must be met in
order to receive the extension. Mr. Goldman elaborated on the three conditions and stated an extension can
only be granted if the Staff Advisor determines that the following conditions are met: 1) a one time extension
no longer than 18 months is allowed, 2) the Staff Advisor shall find that a change of conditions for which the
J
applicant was not responsible prevented the applicant from completing the development within the original
time limitation, and 3) Land Use Ordinance requirements applicable to the development have not changed
since the original approval; however an extension may be granted if the requirements have changed and the
applicant agrees to comply with any such changes. Mr. Goldman clarified applications that would need
substantial changes to bring them into compliance with current code requirements would not be eligible for
an extension. He also cladfied the extension application will be deemed complete (pending application
review) at the time it is submitted.
B. PLANNING ACTION: #2009-01610 (Part 2)
APPLICANT: City of Ashland
DESCRIPTION: Public Hearing regarding amendments to the Ashland Land Use Ordinance
(ALUO) chapters 18.108.070 and 18.112 concerning timetable extensions.
Senior Planner Brandon Goldman explained the two proposed ordinances address the same sections of the
Ashland Land Use Ordinance, however the recession extension is an extension that applies to planning
applications approved during a specific timeframe. He stated the most recent revisions to the ordinance
language include: 1) the recession extension period is for a maximum of 18- months, 2) an application shall
be filed for the extension, and 3) the same three conditions (listed above) as the tolling extension apply. Mr.
Goldman cladfied in order to be eligible for the recession extension, the planning application approval has to
be currently valid.
Mr. Goldman stated the Commission has two options in terms of which applications will be eligible. Option 1
allows all current planning applications approved up to the effective date of the ordinance to be eligible,
while Option 2 allows current applications approved prior to July 1, 2009 to be eligible.
Mark Knox /485 W NevadalStated under typical economic times, the proposed emergency extension
ordinance would not be necessary; however these are not ordinary times. Mr. Knox voiced his support for
the proposed ordinance and stated the vast majority of applicants that would be impacted by this are
average citizens, not developers. He commented on the local land use process and stated not only do
applicants have to deal with various City departments, the Planning Commission, and neighbors; they also
have to contend with banks and private consultants. Mr. Knox asked the commissioners to put themselves
into an applicant's shoes and stated what is going on is very much out of the control of the applicants and
stated recommending approval of the ordinance is fair.
Commissioner Marsh noted the article that was passed out at the beginning of the meeting from Colin
Swales titled "Myriad ideas to fill void of empty lots." She also read aloud the written testimony submitted by
Mark DiRienzo and Philip Lang. Marsh stated all three documents will be added to the record and
forwarded to the Council.
Commissioners Morris /Miller m/s to recommend the City Council approve the timetable tolling
ordinance. Voice Vote: all AYES. Motion passed 6-0.
In regards to the extension ordinance, Commissioner Marsh re- stated their two options. Commissioner
Miller asked how soon an applicant might know whether or not they are going to receive funding. Mr.
Goldman noted the upfront costs that are required and stated most applicants would want some assurance
that funding is available, however they don't really need to be approved for funding until they are ready to
break ground. Mr. Molnar agreed and stated most applicants would want a commitment from a bank during
the initial design states, but it varies.
Mr. Goldman commented briefly on the two options and stated under Option 1, 41 applications would be
eligible; and under Option 2, 35 are eligible. Commissioner Marsh voiced her support for the ordinance with
Option 1. Commissioner Morris agreed and stated the financing rules have changed and many applicants
did not know this going in.
Commissioners Morris /Blake m/s to recommend the City Council approve the timetable extension
ordinance with Option 1. DISCUSSION: Mr. Molnar clarified this is currently scheduled for a Council
Hearing on February 16, 2010 and if approved the ordinance will likely have an effective date in April.
Commissioner Dawkins stated he would have felt better about the ordinance if it had addressed extensions
as a whole. He stated everyone knew that a bubble was being created and does not support making
another rule because people invested and it didn't turn out well. Commissioner Miller voiced her hesitancy
with the ordinance and stated she would be more supportive of Option 2. Commissioner Marsh
acknowledged the suggestion to look at extensions in general, but stated granting this extension is the least
they can do. Roll Call Vote: Commissioners Morris, Mindlin, Marsh and Blake, YES. Commissioners
Miller and Dawkins, NO. Motion passed 4-2.
[FEMA Update Section removed]
UNFINISHED BUSINESS
Mr. Molnar explained the Commission's 4 -2 vote on the timetable extension ordinance is not valid because
of a provision that states a majority of the members on the commission (5) need to agree in order to issue a
recommendation to the Council. He stated this provision is in the process of being removed and is not
included in the updated Boards and Commission ordinance currently before the Council. Mr. Molnar
explained the Commission has two options: 1) to reconsider their vote and see if there are five members
that are willing to agree, or 2) bring this issue back in March when the recommendation provision is no
longer relevant.
Commissioners Blake /Mindlin m/s to reconsider the vote. Voice Vote: all AYES. Motion passed 6-0.
Commissioners Mindlin /Blake m/s to recommend the City Council approve the timetable extension
ordinance without specifying which option is best. DISCUSSION: Dawkins indicated he is not willing to
change his vote. Miller indicated she would switch her vote, but urged applicants to think before they act and
felt this ordinance was abetting people to not be very responsible. Roll Call Vote: Commissioners Blake,
Marsh, Miller, Mindlin and Morris, YES. Commissioner Dawkins, NO. Motion passed 5 -1.
ASHLAND PLANNING DIVISION
STAFF REPORT
January 26, 2010
PLANNING ACTION: 2009 -01610 (Part I)
APPLICANT: City of Ashland
LEGISLATIVE ACTION: Ordinance Amendment Concerning Timetable Tolling (Appeal Tolling
Extension)
ORDINANCE REFERENCE: Chapter 18.112 Enforcement; 18.108 Procedures.
REQUEST: To amend Chapters 18.112 and Chapter 18.108 of the Ashland Land Use
Ordinance (ALUO) to provide for timetable tolling during pending appeals and
court proceedings.
I. Relevant Facts
A. Background History of Application
Planning Action 2009 -01610 involves various amendments Chapters 18.112 and
18.108 of the Ashland Land Use Ordinance (ALUO). These amendments address two
separate objectives.
allowing for tolling of actions pending appeals (Part 1)
allowing a one -time extension for projects delayed due to the national
recession (Part 2).
To simplify the review process, and assist in an independent evaluation of proposed
amendments, Staff is presenting two separate ordinances for consideration by the
Planning Commission and Council. Further, two separate staff reports are also
provided to better delineate the provisions that relate to each objective. This report
addresses the proposed ordinance that addresses the appeal tolling provisions.
On October 20 2009 the City Council initiated an ordinance amendment directing
staff to modify the ALUO to enable suspension of the "clock" until all appeals have
been concluded.
On December 8 2009, the Planning Commission'reviewed draft ordinance language
at a study session and scheduled a public hearing.
B. Detailed Description Proposal
The proposal involves additions and revisions to the Ashland Land Use Ordinance so
that the timetable for approved Planning Actions would be suspended, or tolled, for
Planning Action 2009-01610 (Part 1) Ashland Planning Division Staff Report bp
Applicant: City of Ashland Page 1 of 5
appeals outside the local approval process, as is the case with appeals to LUBA or the
Circuit Court.
Appeals of approved Planning Actions to the Land Use Board of Appeals (LUBA),
Oregon Circuit Court, or Oregon Supreme Court, may exhaust the 12 month
allowance for an applicant to get building permits and begin construction following
the final decision of the City. For projects appealed beyond the local approval
process, this limitation has the potential to nullify a projects approval should court
reviews extend beyond the first year and a subsequent 18 month extention.
The proposed ordinance amends 18.108.070 (Effective Date of Decision and Appeals)
and 18.112 (Enforcement) to allow an applicant to apply for a timetable suspension to
essentially stop the clock during the appeal period. The tolling period would be limited
to the exact number of days the project is under appeal, but not to exceed a maximum of
two years.
In the event that the proposed maximum 24 month appeal tolling period expired without
resolution through the courts, the applications original 12 month timetable would provide
additional time for resolution. Additionally an applicant could apply for a regular 18
month extension provided the conditions for an extension are met per Chapter
18.112.035 as proposed.
11. Project Impact
A. Approval Process and Noticing
A Public Hearing shall be held before the Planning Commission for Legislative
Amendments to the Land Use Ordinance. The Planning Commission shall forward its
recommendations to the City Council. Upon receipt of the Planning Commission's
recommendations the City Council will hold a Public Hearing, scheduled for
February 16 2010, and the Council may approve, approve with conditions or deny
the application.
A notice advertising a public hearing was published in the newspaper as required by
Chapter 18.108.080, as well as a meeting announcement and an electronic copy of the
draft ordinance was posted on the project web page www.ashland.or.us /tolling. A
Notice of Proposed Amendment was submitted to the Department of Land
Conservation and development was submitted per the requirements of ORS 197.610,
OAR Chapter 660, Division 18.
B. Proposal Impact
Currently Ashland's Land Use Ordinance does not toll or suspend local approval
dates when that the City approval is appealed to the Land Use Board of Appeals
(LUBA), Circuit Court, or the Supreme Court. Without a tolling provision, an
applicant's approval can effetely expire even if the Court upholds the City's approval.
The proposed ordinance amendments would allow a final determination by LUBA or
the courts to occur without invalidating the original approval due to expiration of our
Planning Action 2009 -01610 (Part 1) Ashland Planning Division Staff Report bg
Applicant: City of Ashland Page 2 of 5
local period of approval. The majority of such appeals to LUBA and Circuit Court
are resolved in less than two years. T� establish a point of review for an extension
request beyond that period, the proposed ordinance limits the appeal tolling period to
a maximum of two years.
The addition of a tolling period extension provision will ensure an applicant need not
go through the land use approval process again for the identical application request.
If the applicant chooses to modify the previous approval, the tolling extension would
not apply and they would be directed back through the existing land use application
and review process.
C. Discussion Items
Latest Revisions
The attached Chapter 18.108 and Chapter 18.112 amendments include revisions the
City Council and Planning Commission have discussed over the past several months.
A summary of the most recent changes are as follows.
o The proposed ordinance establishes an appeal tolling period shall be equal
to the exact number of days a project is under appeal, not to exceed 24
months.
o The proposed ordinance requires that to obtain a tolling period extension,
an application shall be filed.
o The proposed ordinance clarifies under which conditions an application
for extension can be approved concerning Land Use Ordinance
requirements that may have changed between to original application date
and the date the extension is requested. Presently the ordinance stipulates
within 18.112.30 that extensions may only be granted if the Staff Advisor
determines that the following three conditions are met:
1. One time extension no longer than eighteen (18) months is allowed.
2. The Staff Advisor shall find that a change of conditions for which the applicant was
not responsible prevented the applicant from completed the development within the
original time limitation.
a Land Use Ordinance requirements applicable to the development have not
changed since the original approval. An extension may be granted, however, if
requirements have changed and the applicant agrees to comply with any such
changes.'
In the proposed ordinance Conditions 1 and 2 remain identical to those
above.
Currently Condition 3 above provides the Staff Advisor with the ability to
evaluate the original application and potentially accept substantive
modifications to the originally approved plan necessary to comply with
new regulations. Staff is concerned that such discretion may not
Planning Action 2009 -01610 (Part 1) Ashland Planning Division Staff Report bp
Applicant: City of Ashland Page 3 of 5
effectively limit such changes to only minor alterations consistent with the
original approval. Staff has therefore proposed an amendment to this
provision in the draft ordinance to remove that degree of discretion as
follows:
"Land Use Ordinance requirements applicable to the development have not
changed since the original approval. An extension may be granted, however, if
requirements have changed and there is no material effect upon the original
approval, and the applicant agrees to comply with any new requirements, as
a condition the extension."
o Clarifies Section 18.112.030 to note that revocation of a permit shall not
occur if an extension application is filed and deemed complete prior to the
date of expiration, pending application review and decision.
o Provisions specifically relating to the "recession" extension as previously
discussed are proposed under a separate ordinance
III. Procedural Required Burden of Proof
18.108.170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make
other legislative amendments in order to conform with the comprehensive plan or to meet other
changes in circumstances and conditions. A legislative amendment is a legislative act solely within
the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application
of a property owner or resident of the City. The Commission shall conduct a public hearing on the
proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days
after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed
amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposal is to be first
considered. The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public
hearing. After receipt of the report on the amendment from the Commission, the Council shall hold
a public hearing on the amendment. Notice of time and place of the public hearings and a brief
description of the proposed amendment shall be given notice in a newspaper of general circulation
in the City not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered
by the Commission within the twelve month period immediately following a previous denial of such
request, except the Commission may permit a new application if, in the opinion of the Commission,
new evidence or a change of circumstances warrant it.
Planing Action 2009 -01610 (Part 1) Ashland Planning Division Staff Report bg
Applicant: City of Ashland Page 4 of 5
IV. Conclusions and Recommendations
Staff recommends approval of the proposed ordinance amendments to Chapter 18.108
and Chapter 18.112 concerning timetable tolling for appeals.
Staff believes that the proposed amendments provide necessary allowances to enable
appellants to pursue legal challenges to local Planning Approvals, while the validity of
Planning Approvals is retained pending the outcome of court proceedings.
Following a public hearing on the proposed ordinance and in consideration of the
testimony received and information presented in this report, the Planning Commission
shall forward a recommendation to the City Council for consideration.
Planning Action 2009 -01610 (Part 1) Ashland Planning Division Staff Report hg
Applicant: City of Ashland Page 5015
City of Ashland
FROM: Colin Swales colinswales( gmail.com Plan „in Exhibit
TO: Brandon Goldman goldmanbna ashland.or.us e:
RECEIVED 1 -26 -10 o ,u mQ11
Brandon,
I am concerned that some Planning Commissioners think the planning extensions are a "a
subsidy for developers" see
http: /www.dai lytidings.com/ apps /pbcs.dll /article ?AI D= /20100125/N E.. W S02/ 1 25 03 1 8/-
1 /NEWS]
Here are some ideas for a possible quid pro quo in exchange for giving extensions to
developers.
Please could you print out this article /email and pass it on to the PC for tonight's
discussion, and for the Record.
http: /wwwsfgate.com /cgi- bin article .cgi ?f =/c /x/2010 /01 /26 /MNDV I BKUM4.DTI.
Myriad ideas to fill void of empty lots
John King, Chronicle Urban Design Writer Tuesday, January 26, 2010
q !4y fat�,r ti.'. r
11 q J.3/ 't 1;7.'1'54 lt. r u li I
1 i
!Xit- 4 More...
The Newsom administration is drafting legislation to encourage San Francisco developers
to occupy empty lots on a short -term basis with such initiatives as tree farms or public
art.
What's being called a "green development agreement" would offer a trade -oft.
Landowners with approved projects stalled by the real estate slump could lock in their
right to build if the land is used in ways that offer visual, environmental or cultural
benefits until construction begins.
"The goal is simply to say, 'This is your ensured development, and in return we want a
good public use,' said Michael Yarne, an adviser to Mayor Gavin Newsom. "We want
to create a standardized process to transform empty lots into spaces that are productive
and beautiful."
The effort began after a 2009 Chronicle series on lots that are left to languish during
economic slumps. The problem is especially vivid south of Market Street, where large
sites were cleared for towers that now are on hold because of economic uncertainty.
At present, entitlements for many large projects must be renewed each year. While
extensions are granted routinely, the sites sit bare and often attract graffiti and trash.
Garden taking root
There is also a lag along Octavia Boulevard, where plans call for housing on city -owned
lots. However, the developers selected in a competition have not been able to nail down
construction loans.
Neighbors still want housing in the meantime, the city has arranged for short-term use
of several sites. The most visible for now is on the narrow block between Oak and Page
streets, where work has begun on a garden that will be tended in part by clients of the
city's Project Homeless Connect.
The green development agreements would require the blessing of the Planning
Commission and the Board of Supervisors. The mayor's office plans to submit the
proposed legislation next month.
The concept may be tested at the corner of Harrison and Fremont streets, where a 41-
story tower is approved for the acre -plus sloped lot that greets drivers exiting the Bay
Bridge.
Portable trees
The developer is readying a proposal in which the site would be used to grow street trees
in containers in return for extended rights. There also might be extensive plantings of a
strain of miscanthus that grows 13 feet tall. The grass pulls carbon from the air and can
be used to produce biofuel.
"We're open to the idea, willing and excited," said Doug Wildman of Friends of the
Urban Forest, which has talked with the owner, Fifield, about managing the "farm" and
using it for educational purposes. By raising trees in the city where they'll be planted, he
added, "they get acclimated much more easily."
Also involved at 399 Fremont is Rebar Group, a self- described collective of "artists and
activists and designers."
Rebar has prepared a set of potential interim uses that might satisfy the city's green
development agreement.
The group envisions activities that "represent a significant improvement over existing
vacant/unimproved site conditions; Among the options are using the land temporarily
for urban farming or landscapes that create habitat for birds and insects.
Another idea is to create spaces for neighborhood festivals or gatherings. Similarly, art
could be installed for set periods of time. Planter boxes and performance stages could be
moved to another site once construction begins.
Keeping it simple
Supporters of interim uses sound a note of caution: Setting expectations too high or
making the process too elaborate could backfire.
"The more difficult you get, the more resistance from developers there will be," said
Kathrin Moore, a member of the Planning Commission. "We need ease of
implementation, and something that harmonizes with the neighborhood."
Moore sees it in builder self interest to prevent blight from getting a toehold in
neighborhoods such as Rincon Hill, where the city has put plans in place that encourage
new projects.
"We can't afford to have a neighborhood defined by vacant lots and chain -link fences"
when developers are seeking loans to start construction, Moore said. "Developers need to
realize they're going to improve each other's negotiating position."
Other cities have pursued similar efforts.
One ambitious example is in New York City, where a development site is being managed
by the Lower Manhattan Cultural Council. Dubbed LentSpace, it includes sculptures,
benches and planters that hold trees destined to line nearby streets.
"At the end of the day, there's no lack of ideas being batted around for these sites," said
John Bela of Rebar. "The problem is, how do you implement them
Reviving vacant lots Find previous articles about empty lots and how they
might be revived at sfgate.com /ZIBD.
E -mail John King at iking@sfchronicle.com.
This article appeared on page A 1 of the San Francisco Chronicle
thanks
Colin Swales
Gmail Extension input Page 1 of 2
City of Ashland
E.... Planning Exhibit
E.... I. Pam Marsh <pam.marsh @gmall.com>
10.:00 ;;I i n it aV tjA i p
D
"la
Extension input
Mark D <markd @mind.net> Tue, Jan 26, 2010 at 6:46 PM
To: pam.marsh @gmail.com
Cc: molnarb @ashland.or.us
Hi Pam and Bill, I have to babysit tonight, so my plans to attend got foiled. I wrote up a quick summary that I
hope give some folks a different point of view than, all developers are bad people.
Dear Commissioners, I write to strongly encourage the planning commission to approve the
proposed extensions to current planning approvals. During tough economic times, I believe we must
do our best as a community to encourage businesses to stay here and to provide jobs to our citizens.
One of the ways to keep them here is to provide a pipeline of adequate space in which they can work
and into which they can grow. Currently the timeline for designing, gaining approval, and
physically constructing a new building is a deterrent to businesses moving to the area. The banking
and financing delays of the last 18 months have only worsened the problems for businesses that are
primarily in "hunker down" mode already. Let's take one of the obstacles away and promote
economic development in Ashland by adding some time for a potential project to come to fruition.
The planning department has ah•eady been paid the application fees, the property owner and tenants
have paid their design fees up front, what can it hurt to send a message to the business community
that we want to snake things more efficient as the market starts to improve and that we understand
their issues too?
It is clear that the opponents to this approval believe that this is a gift to developers, I disagree. As a
commercial property owner with current approval that will expire this year (10,000 sq. ft including
an Organic Distillery production and retail space), I can tell you that while we appreciate the help,
there is no windfall in getting an extension. Our money AND the tenants money has already been
invested in the design, engineering, architecture and application fees for quite some time and with
little to no bank financing available for the tenant, the building cannot be built and the tenant is stuck
without their ideal location. The original land investment is expensive to leave dormant. The
extension simply offers us a final chance to build this building, to help a business in town, and to add
to the space options for other businesses in town. The altemative is that we re- submit the plans "as
is" and the process is started all over again. That really only adds work for the City staff and
commissions since the fact is, if the code standards haven't changed, the project technically must be
approved since it met the standards the first time.
I apologize for not coming in person and trust that this opinion helps to broaden your perspective on
this topic.
https: mail. google .com /mail/?ui= 2 &ik =d 1 ec9a550d &view =pt &search inbox &msg 1266... 1/26/2010
1
Gmail Extension input Page 2 of 2
Thanks for your consideration.
Mark DiRienzo
700 Mistletoe Road #I06
Ashland, OR 97520
https:// mail.google.com/mail/?ui- 2 &ik =d 1 ec9a550d &view =pt &search inbox &msg 1266... 1/26/2010
City of:rhland
Planninl ;xlhibit
Ashland Planning Commission X January 25, 2010
59 Winburn Way �'A'j -�L(
Ashland, OR 97520
Subject: #2009 -01610 (read into the record)
Under typical economic times, the proposed emergency extension ordinance wouldn't
need to be considered because the current ordinances do work. However these are not
ordinary times and I believe City staff has put into place reasonable criteria and a
reasonable timeframe for applicants to complete their plans and fulfill their obligations.
There are a few individuals that I would consider "developers but the vast majority of
the applicants I know who would be impacted (positively or negatively) are average
citizens from a family desiring an Accessory Dwelling Unit (ADU) for an extended
family member to a developer who's building homes that incorporate various modem
and sustainable measures that "our" current homes don't yet have.
Not only do these individuals have to deal with the local land use process (Planning,
Building, Public Works, Fire, Planning Commission, Neighbors, etc.), they also have to
contend with banks and private consultants (civil engineers, attorneys, wetland
specialists, planners, etc.). To not adopt the proposed ordinances is not recognizing what
the near collapse of the national economy has done to innocent bystanders.
Again, these are individuals that have gone through a very difficult land use process, a
process that I believe only Commissioner Mindlin has had the pleasure to endure...
1) Where they have strived to meet all of the City's regulations prior to
submittal (regulations that Commissioners and Councilors have
discussed and labored over prior to adoption),
2) Submit to the Staff/Planning Commission to "possibly" have plans
changed and/or expense added;
3) Sometimes have had to contend with numerous conditions of approval
such as costly and un- allocated off -site improvements, and
4) Once approved by the Planning Commission, have to run the gauntlet
of what I would call one or two appellants one such appellant who I'm
sure the timetable tolling provision was specifically written for.
In the end, the individuals who make it to the end have gone through a very difficult,
frustrating and expensive effort. But, at least they get clues on the way and could predict
"most" of the pitfalls. But, with what is happening on the national scene, where banks had
previously provided loans and predictable procedures, has now switched in the middle
of the applicant's land use process!
1 wish the Planning Commission could put themselves into an applicant's shoes to just
realize that what is going on is very much out of the control of the applicants, but that
recommending approval of the ordinances is fair.
1
Sincerely,
Mark Knox
�yF
1 alMasi7 ur.
PHILIP C LANG. ACA \V. LOU/ ,mist i -:_1 Mat OPE. LC6V.1141 CAL. LCcS\V -5500
'MA 11,
1
758 B (Street. Ashland. Oregon 97520 City of
Pesidencc 541 482 -8659 Planning Exhibit
011icc/Fax 541 482 -5387 L•unnT
PA 10
e -mail: Philip r��mind.ncl. hots r
ads
January 26, 2010
To: Planning Commission
Re.: Proposed "tolling" (extension) of permit time for speculative developers
The following is an addendum to my written submission (September 15, 2009)
:and my written and verbal presentation at the December 8, 2009 meeting.
This proposal is bad public policy, an unwarranted and indirect subsidy to
speculative developers, and contrary to the needs of the City and its citizens.
1) Bad Public Policy
There are excellent reasons for time limits on planning approvals. Over
the course of time even one year, there can be changes in standards
for earthquake safety, fire safety, electrical, plumbing as well as
standards for "green" construction, waste recycling, etc. An extension of
time will allow builders to comply with lower prior standards, which can
also create liabilities for the City.
We have been told that this tolled permits will be reviewed to meet newer
standards:
a) where are the staff and the fees to support such a review?
b) how will we know that it is being done? Given past performance, scepticism
is justified.
c) there will be no public process, no public input so much for "transparency"
in government..
2) An Indirect "Giveaway"
This comprises a subsidy to speculative developers, who, finding no market for
:their structures now, can wait until such structures become profitable, and then
get re- approvals and other services free. As one city councilor put it:
"the developers who took the risk of borrowing money and are unable to get
fund (or customers added) due to the recession should suffer the consequences
like everyone else. Banks are not giving long extensions to those losing
-their homes "(Council minutes). This essentially "socializes" their risk.
3) Detrimental to•Public Needs
The City is contemplating more long -range planning. This may result in
identification of different needs than those the developers plan to meet.
The "grandfathering in" of permits furstrates any significant plan revisions
and de facto voids them, since developers will be able to go ahead with
(structures now deemed contrary or unnecessary to public need.
Planning Commission 1/26/10 re: "tolling of permits" p. 2
Another City councilor said:. "We need applications more congruent with the
current (and futu added) economic situation. It would be better to let
these projects a "(see council minutes).
dintIP i� LANG
Footnotes Addendum
Before we reward those who simply .gambled and lost because of the predictable
business cycle downturn which was predictable and expectable we might
look at one speculative project that has failed and become a public
liability. We see it daily at the center of downtown at Lithia Way
between Pioneer and North First.
The site is an eyesore, and dangerous to pedestrians. There are 16 unplanted
tree spots, and a lot (now mudhole) littered with:: rocks, weeds, and debris.
Do we not have a public nuisance ordinance that wants enforcement?
These speculative developers have .also .failed to pay their taxes, now
delinquent for 2007, 2008, and 2009 an amount approaching $43,000.00!
You may think that this is a compelling reason to provide them with an
indirect subsidy but most of us struggling to make it in this economy
feel •t erwise.
attachment: copy of Jackson County Tax Collector re: Northlight Community
Builders, LLC.
cc: Mayor
City Council
PHILIP C LANG. Acs\\l, l.csn+ A 3 t II 11 OPE. LCS \1+1141 CU,. LOW-5500
;I t%1? it`4:.— RECEIVED
-it :DEC.
758 B (Sired Ashland. Orcgon 97520 2DD9
Pesidencc 541 482 -8659
011ice/Fas 541 482 -5387
e Philip mmind.net Comm tytr y p;hland
evelopment
December 8, 2009
To: Planning Commission
Re.: Proposed "tolling" extension of time on initiating projects for
speculative developers
This proposal initiated by the planning staff (I) should be put to sleep
quickly and tpuj.etly for reasons to follow.
At the outset it 1s strange that neither the Planning Commission nor the
City Council took umbrage at having planning staff, apparently with time
on their hands on and. perhaps, at. the urging of_parties who stand to benefit from
this proposal, took it upon rhemselve9', without either request or direction
by the Commission or the Cl4uncil to do so. Then too, City jobs are
at stake, for as the staff report notes: "the economic downturn has resulted
in a significant slowdown in the submission of developmenttapplications
and general building activity."
This is a very bad proposal for the following reasons:
1) The staff report raises the questions of ordinance changes during the
extended period, but does not deal.with how this would be handled. Indeed
there may be significant changes, not only locally but state and federally
mandated dealing with electrical, fire, earthquake safety etc.
14111 the proposals be reviewed? And if so who will pay for the cost?
And what of the review? Since this will not be a public hearing we can
anticipate that this "review" will be a 2 -step process: (1) a wink, and
(2) a nod.
i
2) about changed needs?
a) We are once again talking about "long range planning Such planning
which may mandate other strtuctures than those "tolled" will be'HH'
meaningless if there is a commitment to projects whose Utility tsr value
has vanished.
b) In anticipating these inevitable and rapidly approaching needs for
change, one city councilor. put it very well: "We'need
more congruent with the current (and future added) economic
situation. It would be better for the community to let these projects
lapse (See your Council Minutes)
3) Another councilor made another excellent point: "the developers who took
the risk of borrowing money and are now u;lable to get funding due to the
recession should suffer flee consequences like everyone else. Banks
are not giving long extensions to those losing their homes (Idem).
Planning Commission December 8, 2009, re: "j'olling" p. 2
4) Those who whould benefit from this relief essentially a subsidy,
are called "developers Well, any one of us who builds can be called
a !)developer" including myself. But these are a special kind of
'developer" they are speculative. developers. They are not building
based on a perceived need or demand. Rather they are speculating that
they will be able to sell or. lease their structures when completed.
These speculators, as clever as they are, seem to have suddenly forgotten
about the nature of capitalisn, of "free enterprise" and the "free market"
and now want you which means we, the taxpayers to socialize their risk!
What are we doing here aping our "betters" in the federal government?
5) This ordinance changes is a subsidy. You are not giving them money directly,
but you are subsidizing them by protecting their investment until such time
as building their speculative developments becomes lucrative again.
The staff report repeatedly refers to "the difficulty of getting loans"
as the reason for developments not proceding. Say something long enough
and people will begin to believe it. I would suggest that that is not the
case. The problem is as stated in the preceding: the developers want to
wait until their profit is assured by an expanding market for their developments.
6) Before we go about rewarding those who simply gambled and lost because
of the predictable business cycle downturn collapse, situations
that have been recurring for two hundred years and more and are forseeable,
let's look at one major project and its status. We all:- bee..i:t daily
at the center of our downtown the failed development on Lithia Way
between Pioneer and N. 1st.
a) The site is anew:Enure and dangerous to pedestrians. It creates
enormous liabilitiestvhich could include the City. When asked why
the developer does not erect a protective fence, planning's reply was:
"it!s only necessary when under construction This is:absurd.
There is a "public nuisance ordinance."
b) There are 16 unlilantedetireepgratea on Lithia Way and N. lst. .Why are
there no trees? Planning's response: "they're only required on
completion and final Also eyesores also Baaardousa So much
for the developer's interest in a beaurAfsp.Ashland "Tree City USA
c) A review of the county tax collector's records is efldeghtening.
These Lots,involved in this project are arecde2dmfuatitfor.the years
2007, 2008; 2009!. The delinquent taxes total $42,000.00 as of
the date I researched them (11/28/09).
Surely these desperate, seffering speculative developers need and daaews
what is essntially an indirect Bailout for the good of the entire community!
In Summary
The proposed ordinance is unconscionable,It::is discriminatory and unfair.
It hides from publip view the delayed /deferred initiation of these projects.
It costs the taxpayers money when the City is strapped. It undermines long
range planning. It is bad public policy.
PHILIP C. LANG
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JACKSON COUNTY TAX COLLECTOR•
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774 -6541
Pay online now with credit card or check 11/28/2009 3:41:41 PM
NORTHLIGHT COMMUNITY BUILDERS LLC
550 MAIN ST
ASHLAND, OR 97520
Tax Account 10798122 Lender
Account Status Active Loan
Roll Type Real Properly Property ID 0501 391E0% -BA -11601
Situs Address PIONEER ST N, ASHLAND, OR Interest To Nov 28, 2009
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Date
2009 ADVALOREM 1,065.00 1,080.29 4.71 0.00 1,060.29 Nov 15, 2009
2008 ADVALOREM 1,143.81 1,009.07 134.54 0.00 1,009.07 Nov 15,2008
2007 ADVALOREM 838.91 657.26 179.65 0.00 985.89 Nov 15, 2007
2006 ADVALOREM 0.00 0.00 0.00 0.00 909.10 Nov 15, 2008
2005 ADVALOREM 0.00 0.00 0.00 0.00 859.94 Nov 15, 2005
2004 ADVALOREM 0.00 0.00 0.00 0.00 847.77 Nov 15, 2004
2003 ADVALOREM 0.00 0.00 0.00 0.00 832.54 Nov 15, 2003
2002 ADVALOREM 0.00 0.00 0.00 0.00 808.33 Nov 15, 2002
2001 ADVALOREM 0.00 0.00 0.00 0.00 799.47 Nov 15, 2001
2000 ADVALOREM 0.00 0.00 0.00 0.00 785.54 Nov 15, 2000
1999 ADVALOREM 0.00 0.00 0.00 0.00 719.04 Nov 15, 1999
1998 ADVALOREM 0.00 0.00 0.00 0.00 699.52 Nov 15, 1998
1997 ADVALOREM 0.00 0.00 0.00 0.00 693.05 Dec 15, 1997
1998 ADVALOREM 0.00 0.00 0.00 0.00 891.98 Nov 15, 1996
Total 3,045.52 2,726.62 318.90 0.00
r
Page 1 of 1
statement of TaxfCCQUJ,,
JACKSON COUNTY TAX COLLECTOR
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774 -6541
Pav online now with credit card or check 11/28/2009 3:40:16 PM
NORTHLIGHT COMMUNITY BUILDERS LLC
585 ALLISON ST
ASHLAND, OR 97520
Tax Account 0 10065305 Lender
Account Status Active Loan 0
Roll Type Real Property Property ID 0501 391E BA -15000
SItus Address 123 FIRST ST N, ASHLAND, OR Interest To Nov 28, 200
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Date
2009 ADVALOREM 10,670.52 10,623.31 47.21 0.00 10,623.31 Nov 15, 2009
2002 ADVALOREM 0.00 0.00 0.00 0.00 0.00 Nov 15, 2002
Total 10,870.52 10,623.31 47.21 0.00
Tax Notations
Notation Date
Code Added Description
BAD ADDRESS 11/02/2009 09-10 statement returned "insufficient address" resent to 230 wilson rd kwm
1
Page 1 of 1
Statement of.Tax Accour
JACKSON COUNTY TAX COLLECTOR
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774-6541
Pav online now with credit card or check 112820093:43:04 PM
NORTHLIGHT COMMUNITY BUILDERS LW
550 MAIN ST
ASHLAND, OR 97520
Tax Account 9 10796131 Lender
Account Status Active Loan
Roll Type Real Property Property ID 0501 391E 9- BA-ttT tt r
Situs Address PIONEER ST N, ASHLAND, OR Interest To Nov 28, 209
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Date
2009 ADVALOREM 967.80 983.52 4.28 0.00 983.52 Nov 15, 2009
2008 ADVALOREM 1,039.26 916.99 122.27 0.00 916.99 NOv 15, 2008
2007 ADVALOREM 760.45 597.21 163.24 0.00 895.82 Nov 15, 2007
2006 ADVALOREM 0.00 0.00 0.00 0.00 828.10 Nov 15, 2006
2005 ADVALOREM 0.00 0.00 0.00 0.00 781.38 Nov 15, 2005
2004 ADVALOREM 0.00 0.00 0.00 0.00 770.31 Nov 15, 2004
2003 ADVALOREM 0.00 0.00 0.00 0.00 756.62 Nov 15, 2003
2002 ADVALOREM 0.00 0.00 0.00 0.00 732.70 Nov 15, 2002
2001 ADVALOREM 0.00 0.00 0.00 0.00 728.53 Nov 15, 2001
2000 ADVALOREM 0.00 0.00 0.00 0.00 713.87 Nov 15, 2000
1999 ADVALOREM 0.00 0.00 0.00 0.00 653.45 Nov 15, 1999
1998 ADVALOREM 0.00 0.00 0.00 0.00 635.79 Nov 15, 1998
1997 ADVALOREM 0.00 0.00 0.00 0.00 629.91 Dec 15, 1997
1996 ADVALOREM 0.00 0.00 0.00 0.00 810.64 Nov 15, 1998
Total 2,787.51 2,477.72 289.79 0.00
Tax Notations
Notation Date
Code Added Description
BAD ADDRESS 11/032009 09/10 statement returned, *attempted not known' kwm
Page 1 of 1
statement of Tax Accour 1
JACKSON COUNTY TAX COLLECTOR
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774 -6541
Pav online now with credit card or check 11/28/2009 3:37:18 PM
NORTHLIGHT COMMUNITY BUILDERS LLC
CIO DALE RUSS
230 WILSON RD
ASHLAND, OR 97520 Tax Account 10065290 Lender
Account Status Active Loan
Roll Type Real Property Property ID 0501 391E0913A -10100
Sltue Address 175 LITHIA WAY, ASHLAND, OR 97520 Interest To Nov 28, 2009
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Date
2009 ADVALOREM 7,712.04 7,877.92 34.12 0.00 7,677.92 Nov 15, 2009
2008 ADVALOREM 10,318.24 9,104.32 1,213.92 0.00 9,104.32 Nov 15, 2008
2007 ADVALOREM 7,550.39 5,929.62 1,620.77 0.00 8,894.43 Nov 15, 2007
2008 ADVALOREM 0.00 0.00 0.00 0.00 8,200.63 Nov 15, 2006'
2005 ADVALOREM 0.00 0.00 0.00 0.00 7,756.73 Nov 15, 2005
2004 ADVALOREM 0.00 0.00 0.00 0.00 7,648.48 Nov 15, 2004
2003 ADVALOREM 0.00 0.00 0.00 0.00 7,508.97 Nov 15, 2003
2002 ADVALOREM 0.00 0.00 0.00 0.00 7,272.28 Nov 15, 2002
2001 ADVALOREM 0.00 0.00 0.00 0.00 7,209.85 Nov 15, 2001
2000 ADVALOREM 0.00 0.00 0.00 0.00 7,081.97 Nov 15, 2000
1999 ADVALOREM 0.00 0.00 0.00 0.00 6,483.18 Nov 15, 1999
1998 ADVALOREM 0.00 0.00 0.00 0.00 6,307.38 Nov 15, 1998
1997 ADVALOREM 0.00 0.00 0.00 0.00 6,249.55 Dec 15, 1997
1998 ADVALOREM 0.00 0.00 0.00 0.00 6,487.89 Nov 15, 1998
Total 25,580.87 22,711.86 2,888.81 0.00
•e
Page 1 01 1
C I T Y O F
ASHLAND
Council Communication
First Reading of an Ordinance Amending 18.108.070 and 18.112 Concerning
Timetable Extensions
Meeting Date: February 16, 2010 Primary Staff Contact: Brandon Goldman
Department: Planning E -Mail: goldmanb @ashland.or.us
Secondary Depts.: Administration, L gal Secondary Contact: Bill Molnar
Approval: Martha Benn Estimated Time: 30 minutes
Question:
Does Council wish to amend Chapters 18.112 and Chapter 18.108 of the Ashland Land Use Ordinance
(ALUO) to provide for a timetable extension for land development and building activity delayed due to
the economic recession?
Recommendations:
The Planning Commission reviewed the proposed ordinance at a public hearing on January 26 and
forwarded a recommendation to approve. The Planning Commission discussed refinement of the
eligibility period and although the majority of Commissioners present were favorable to allowing all
currently valid applications to be eligible to apply for a recession extension, ultimately the
Commission recommended Council approval of the timetable extension ordinance without specifying
the eligibility timeframe.
Three options are discussed below: (1) Approval of the ordinance as proposed; (2) Approval of the
ordinance with clarification specifically with regards to defining the eligibility period for applicants;
(3) Approval of the ordinance with clarification regarding which standard extension criteria need be
addressed in recession extension applications.
Staff recommends approval of the ordinance with or without any of the potential options as described
in this Council Communication.
Background:
On October 20` 2009 the City Council directed staff to work with the Planning Commission to amend
18.108.070 (Effective Date of Decision and Appeals) and 18.112 (Enforcement) to allow an additional
18 month extension to a Planning Approval's timetable, provided the conditions for an extension are
met per Chapter 18.112.035 as proposed.
The current economic climate, specifically the commercial credit market, has constrained financing
options for applicants with valid land use approvals. This constraint has in some cases precluded the
commencement of construction as is necessary to keep the approvals active. The purpose of the
granting an additional 18 month extension would be to provide existing development approvals
additional time to secure funding to construct the projects. The additional extension would enable
shovel ready projects that do secure financing to proceed in a timely manner without being required to
go through the land use approval process again with an identical application request. if the applicant
chooses to change the previous approval, or if land use requirements have changed that would alter the
Page 1 of 4
CITY O F
ASHLAND
original approval, the extension does not apply and the applicant would be directed back through the
existing land use application and review process.
As proposed in the draft ordinance the `recession extension' would be limited to projects that are
`currently valid' as of the effective date of the proposed ordinance. As such, only projects that are
within their initial 12 months following approval, or those that obtained a prior 18 month extension
would be eligible to apply. Therefore only projects that received approval within the last 30 months
would be eligible to receive the one -time 18 month extension.
The proposed ordinance establishes an additional 18 -month recession extension period for
projects delayed as a result of the economic recession.
The proposed ordinance requires an application to be filed in order to obtain the one -time
recession extension.
The proposed ordinance stipulates that to be eligible for a one -time recession extension, an
application shall be currently valid.
The proposed ordinance clarifies under which conditions an application for extension can be
approved concerning Land Use Ordinance requirements that may have changed between to
original application date and the date the extension is requested. Presently the ordinance
stipulates within 18.112.30 that extensions may only be granted if the Staff Advisor determines
that the following three conditions are met:
1. One time extension no longer than eighteen (18) months is allowed.
2. The Staff Advisor shall find that a change of conditions for which the applicant was not responsible
prevented the applicant from completed the development within the original time limitation.
3. Land Use Ordinance requirements applicable to the development have not changed since the original
approval. An extension may be granted, however, if requirements have changed and the applicant agrees
to comply with any such changes.
In the proposed ordinance Conditions 1 and 2 remain identical to those above.
Currently Condition 3 above provides the Staff Advisor with the ability to evaluate the original
application and potentially accept substantive modifications to the originally approved plan
necessary to comply with new regulations. Staff is concerned that such discretion may not
effectively limit such changes to only minor alterations consistent with the original approval.
Staff has therefore proposed an amendment to this provision in the draft ordinance to remove
that degree of discretion as follows:
Land Use Ordinance requirements applicable to the development have not changed since the original
approval. An extension may be granted, however, if requirements have changed and there is no material
effect upon the original approval, and the applicant agrees to comply with any new requirements, as a
condition the extension.
Page 2 of 4
CITY O F
ASH LAN D
Clarifies Section 18.112.030 to note that revocation of a permit shall not occur if an extension
application is filed and deemed complete prior to the date of expiration, pending application
review and decision.
Provisions relating to the "appeal tolling extension" as previously discussed are proposed under
a separate ordinance amendment and outlined within a separate Council Communication.
Related City Policies:
Comprehensive Plan Goal 7.07.03, Policy VII -4:
The City shall take such actions as are necessary to ensure that economic development can occur in a
timely and efficient manner.
Potential Options:
1. Approval of the ordinance as proposed
2. Approval of the ordinance with clarification regarding eligibility criteria;
Section 18.112.035 B is the proposed section that defines the eligibility period for applicants
seeking a timetable extension due to the recession.
As proposed this section states:
Notwithstanding any other provision of this Chapter, any zoning permit or planning action
approval current as of the effective date of this ordinance shall be granted an additional eighteen
(18) -month extension of time, after a finding by the Staff Advisor that the requirements of
18.112.035A (2) and (3) have been met. This extension 15 in addition to any other time extension
previously granted or that may be granted. The Staff Advisor shall make the timetable adjustment
and notation of conditions, if any, in the extension approval.
The Council may consider a number of adjustments to this provision to establish a specific
period of eligibility that is either more or less restrictive.
Alternative A
To further limit the eligible pool of applicants the Council may consider establishing a cut-
off date that is earlier than the effective date of the ordinance. With such an amendment any
planning actions that were approved after this date (IE July 1, 2009) would not be eligible for
the recession extension provided the language is amended as follows:
Notwithstanding any other provision of this Chapter, any zoning permit or planning action
approval having received approval prior to July 1, 2009, and current as of the effective date of
this ordinance shall be granted an additional eighteen (18) -month extension of time, after a
finding by the Staff Advisor that the requirements of 18.112.035A (2) and (3) have been met. This
extension is in addition to any other time extension previously granted or that may be granted.
The Staff Advisor shall make the timetable adjustment and notation of conditions, if any, in the
extension approval.
Alternative B
In consideration that some currently valid applications impacted by the economic downturn
will have exhausted their final extension period between now and the time the proposed
ordinance goes into effect (30 days after second reading), the Council may consider
allowances for such approvals to be maintained as follows:
Page 3 of 4
�r,
C I T Y O F
ASHLAND
Notwithstanding any other provision of this Chapter, any zoning permit or planning action
approval current as of January 1, 2010 shall be granted an additional eighteen (18) -month
extension of time, after a finding by the Staff Advisor that the requirements of 18.112.035A (2)
and (3) have been met. This extension is in addition to any other time extension previously
granted or that may be granted. The Staff Advisor shall make the timetable adjustment and
notation of conditions, if any, in the extension approval.
Alternative C
in I atives A and B above as follows:
Notwithstanding any other provision of this Chapter, any zoning permit or planning action
approv�aving received approval prior to July 1, 2009, and current as of January 1, 2010
shall be granted an additional eighteen (18) -month extension of time, after a finding by the Sta
Advisor that the requirements of 18.112.035A (2) and (3) have been met. This extension is in
addition to any other time extension previously granted or that may be granted. The Staff Advisor
shall make the timetable adjustment and notation of conditions, if any, in the extension approval.
3. Approval of the ordinance with clarification r egarding which conditions need be addressed
in recession extension applications.
In prior meetings the Council discussed whether eligible applicants need to comply with the
existing criteria for an extension requiring a "that a change of conditions for which the applicant was
not responsible prevented the applicant from completed the development within the original time limitation
(18.112.035A(2)). As drafted, the proposed ordinance would require an applicant to
demonstrate that their project could not have proceeded within the original timeframe due to
circumstances imposed by the economic downturn. Should the Council wish to eliminate
this condition, and allow blanket approval to all applicants originally approved in the
designated timeframe, the specific reference to 18.112.035A2 could be stricken from section
18.112.035B of the draft ordinance.
Potential Motions:
Move to approve first reading of an Ordinance amending sections 18.108.070 and 18.112 of the
Ashland Land Use Ordinance concerning Timetable Extensions (as amended per Council discussion to
incorporate Alternative or other alternatives as defined by Council).
Move to deny first reading of an Ordinance amending sections 18.108.070 and 18.112 of the Ashland
Land Use Ordinance concerning Timetable Extensions
Attachments:
Ordinance Amending 18.108.070 and 18.112 Concerning Timetable Extensions
Recession Timeline graph
Planning Commission Minutes Excerpts 1/26/2010
Staff Report dated 1/26/2010
Documents submitted
Page 4 of 4
FM Ina
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 18.108.070 AND AMC 18.112,
CONCERNING TIMETABLE EXTENSIONS
Annotated to show dcictionc and additions to the code sections being modified.
Deletions are bold lined through and additions are bold underlined.
WHEREAS, Article 9. Section 1, of the Ashland City Charter provides:
Violation of Charter, Ordinance and Laws The Council, at any regular or
adjourned meeting, shall have the power within the limits of the City of Ashland to
enact laws, ordinances and pass resolutions not in conflict or inconsistent with
the laws of the United States, the State of Oregon, or the provisions of this
Charter; and to provide for punishment of any person or persons found guilty by
a competent tribunal of the violation of any such laws, ordinances, or any of the
provisions of this Charter, by fine or imprisonment of such offender, until such
fine and costs are paid; and
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
WHEREAS, the economic downturn occurring since early 2006 has caused a severe
slow down in all aspects of land development and building activity; and
WHEREAS, while financing for new development and building activity is constrained, it
is important to the continuing economic health of the community to extend the validity of
existing development approvals so that such developments may more readily attain a
shovel -ready status contributing to economic recovery: and
WHEREAS, the City of Ashland, acting by and through the City Council, desires to
provide for a uniform eighteen (18) month timetable extension for all development
approvals due to the recent economic downturn; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Page 1 of 7
SECTION 1: Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: Amendment. AMC 18.108.070 [Effective Date of Decision and Appeals]
is hereby amended to add a new subsection D:
18.108.070 Effective Date Decision and, Appeals
A. Ministerial actions are effective on the date of the decision of the Staff Advisor
and are not subject to appeal.
B. Actions subject to appeal:
1. Expedited Land Divisions. Unless appealed within 14 days of mailing a
notice of decision, the Staff Advisor decision becomes final on the 15 day.
Appeals shall be considered as set forth in ALUO 18.108.030(C) and ORS
197.375.
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning
actions resulting from the Type I Planning Procedure shall be the Staff
Advisor decision, effective on the 13 day after notice of the decision is
mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section
18.108.070(B)(2) (c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning
actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency
may request_ reconsideration of the action after the decision has been
made by providing evidence to the Staff Advisor that a factual error
occurred through no fault of the party asking for reconsideration,
which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the
failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
ii. Reconsideration requests shall be received within five (5) days of
mailing. The Staff Advisor shall decide within three (3) days whether
to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial
to the decision, the Staff Advisor shall withdraw the decision for
purposes of reconsideration. The Staff Advisor shall decide within ten
(10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm,
modify, or reverse to any party entitled to notice of the planning
action.
Page2of7
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the
decision, the Staff Advisor shall deny the reconsideration request.
Notice of denial shall be sent to those parties that requested
reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor'
s final decision, including any approved reconsideration request, the
decision may be appealed to the Planning Commission by any party
entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved
by the City Administrator, be accompanied by a fee established
pursuant to City Council action, and be received by the city no later
than 4:30 p.m. on the 12 day after the notice of decision is mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the
fee for the initial hearing shall be refunded. The fee required in this
section shall not apply to appeals made by neighborhood or
community organizations recognized by the city and whose
boundaries include the site.
iii. The appeal shall be considered at the next regular Planning
Commission or Hearings Board meeting. The appeal shall be a de
novo hearing and shall be considered the initial evidentiary hearing
required under ALUO 18.108.050 and ORS 197.763 as the basis for
an appeal to the Land Use Board of Appeals. The Planning
Commission or .Hearings Board decision on appeal shall be effective
13 days after the findings adopted by the Commission or Board are
signed by the Chair of the Commission or Board and mailed to the
parties.
iv. The appeal requirements of this section must be fully met or the
appeal will be considered by the city as a jurisdictional defect and will
not be heard or considered.
d. Final Decision of City. The decision of the Commission shall be the
final decision of the City on appeals heard by the Commission on Type I
Planning actions, effective the day the findings adopted by the
Commission are signed by the Chair and mailed to the parties.
3. Type II Planning Actions.
a. Effective Date of Decision. The decision of the Commission is the final
decision of the City resulting from the Type II Planning Procedure,
effective 13 days after the findings adopted by the Commission are
signed by the Chair of the Commission and mailed to the parties, unless
reconsideration of the action is authorized as provided in Section (b)
below or appealed to the Council as provided in section 18.108.110.A.
Page 3 of 7
b. Reconsideration.
i. The Staff Advisor on his /her own motion, or any party entitled to
notice of the planning action may request reconsideration of the action
after the Planning Commission final decision has been made by
providing evidence to the Staff Advisor addressing one or more of the
following: (1) new evidence material to the decision exists which was
unavailable, through no fault of the requesting party, when the record
of the proceeding was open; (2) a factual error occurred through no
fault of the requesting party which is relevant to an approval criterion
and material to the decision; (3) a procedural error occurred, through
no fault of the requesting party, that prejudiced the requesting party's
substantial rights and remanding the matter will correct the error.
Reconsideration requests are limited to errors identified above and
not the failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
ii. Reconsideration requests shall be received within seven (7) days of
mailing. The Staff Advisor shall promptly decide whether to
reconsider the matter.
iii. If the Staff Advisor is satisfied that an error occurred as identified
above and is crucial to the decision, the Staff Advisor shall schedule
reconsideration with notice to participants of the matter before the
Planning Commission. Reconsideration shall be scheduled before the
Planning Commission at the next regularly scheduled meeting.
Reconsideration shall be limited to the portion of the decision affected
by the alleged errors identified in paragraph 3.b.i above.
iv. The Planning Commission shall decide to affirm, modify, or reverse
the original decision. The Planning Commission Secretary shall send
notice of the reconsideration decision to any party entitled to notice of
the planning action.
c. Final Decision of City. Unless the decision is remanded to the Planning
Commission, the decision of the City Council shall be the final decision of
the City on appeals heard by the Council, on Type 11 Planning actions,
effective the day the findings adopted by the Council are signed by the
Mayor and mailed to the parties.
4. Type 111 Planning Actions. For planning actions described in section
18.108.060.A.1 thru 4, the decision of the Council shall be the final decision
of the City, effective the day the findings adopted by the Council are signed
by the Mayor and mailed to the parties.
5. Council CaII Up. The City Council may call up any planning action for a
decision upon motion and majority vote, provided such vote takes place in
the required appeal_period. Unless the planning action is appealed and a
public hearing is required, the City Council review of the Planning Action is
limited to the record and public testimony is not allowed. The City Council
may affirm, modify or reverse the decision of the Planning Commission, or
Page 4 of 7
may remand the decision to the Planning Commission for additional
consideration if sufficient time is permitted for making a final decision of the
city. The City Council shall make findings and conclusions and cause copies
of a final order to be sent to all parties of the planning action.
C. No building or zoning permit shall be issued for any action under this Title until
the decision is final, as defined in this section.
SECTION 3: Amendment. Section 18.112.030 [Revocation- permit expiration] is
hereby amended to read as follows:
18.112.030 Revocation permit expiration Any zoning permit, or planning action
granted in accordance with the terms of this Title shall be deemed revoked if not used
within one year from date of approval, unless another time period is specified in another
section of this Title. Said permit shall not be deemed used until the permittee has
actually obtained a building permit, and commenced construction thereunder, or has
actually commenced the permitted use of the premises. If an application for
extension is deemed complete for processing prior to the timetable expiration
date, the permit or action not expire by operation of this section unless the
application is abandoned or not approved or denied within 90 days. The -Staff
with a c h c
SECTION 4: Amendment. A new Section 18.112.035 [Timetable Extension] is hereby
added to read as follows:
18.112.035 Timetable Extension
A. The Staff Advisor shall grant a timetable extension of any zoning permit or
planning action approval under demonstrated compliance with the
following conditions:
1. One time extension no longer than eighteen (18) months is allowed.
'fix 4 ,►w4-
Page 5 of 7 r
2. The Staff Advisor shall find that a change of conditions for which the
applicant was not responsible prevented the applicant from completing the
development within the original time limitation.
3. Land Use Ordinance requirements applicable to the development have
not changed since the original approval. An extension may be granted,
however, if requirements have changed and there is no material effect upon
the original approval, and the applicant agrees to comply with any new
requirements, as a condition the extension.
B. Notwithstanding any other provision of this Chapter, any zoning permit or
planning action approval current as of the effective date of this ordinance
shall be granted an additional eighteen (18) -month extension of time, after
a finding by the Staff Advisor that the requirements of 18.112.035A (2) and
(3) have been met. This extension is in addition to any other time extension
previously granted or that may be granted. The Staff Advisor shall make
the timetable adjustment and notation of conditions, if any, in the extension
approval.
SECTION 5. Amendment. Section 18.112.090 is hereby amended to read as follows:
18.112.090 Penalties Any person, firm or corporation, whether as principal, agent
employee, or otherwise, violating or causing the violation of any of the provisions of this
Title has committed a Class A violation offense, an-infraction, and upon conviction
thereof is punish -able as prescribed in Section 1.08.020 of the Ashland Municipal Code,
subject to the limitations of the Ashland City Charter. Such person, firm, or
corporation is guilty of a separate violation for each and every day during any portion of
which any violation of this Title is committed or continued by such person, firm or
corporation.
SECTION 6. Amendment. Section 18.112.100 is hereby amended to read as follows:
18.112.100 Complaints. Complaints concerning violations to this Title can be initiated
only as provided in AMC Chapter 1.08. lay(4)-written-scunplaint- filed-by-an
SECTION 7. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
Page 6 of 7
SECTION 8. 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 time said ordinances(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 9. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word `ordinance" may be changed to "code "article "section or
another word, and the sections of this Ordinance may be renumbered, or re- lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
7 -9) need not be codified and the City Recorder is authorized to correct any cross
references and any typographical errors and to combine in the codification multiple
ordinances amending the same section.
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
Page 7 of 7
Recession Timeline Extension
Eligibility Period
original 18 month extension
12 months I 1
I 'Extension eligibility period 2DflD311021i1 applications
1 g
r
Jan 2007 Jan 2008 Jan 2009 Jan 2010
Sept 2008
Dec 2007 Bush Obama Highest US
Recession Fannie announces Signs unemployment
officially Mae/Freddie Bailout Stimulus rate since 1983
Mac
begins Seized by
government
Lehman Brothers Effective
Bankrupt 4th quarter Date of
New Extension
5.7% GDP Ordinance
ordinance (12 to Bank Increase
18 month) Consolidations announced
Maximum Extension Periods
12 months Regular 18 month 18 month
I I extension recession
1 r extension' t
O
Jan 2010 Jan 2011 Jan Jan 2013 Jan 2014
2012
July 1 Effective July 1 May
2009 Date of 2013 2014
Ordinance
May 6, 2010
CITY OF
AS LAN D
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
DRAFT
EXCERTPS OF MINUTES
January 26, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East
Main Street.
Commissioners Present: Staff Present:
Larry Blake Bill Molnar, Community Development Director
Michael Dawkins Brandon Goldman, Senior Planner
Pam Marsh Amy Gunter, Assistant Planner
Debbie Miller Richard Appicello, City Attomey
Melanie Mindlin April Lucas, Administrative Assistant
Mike Morris
Absent Members: Council Liaison:
Dave Dotterrer Eric Navickas, absent
John Rinaldi, Jr.
ANNOUNCEMENTS
Commissioner Marsh announced the vacancy on the Planning Commission and encouraged interested
citizens to submit applications to the Mayor's office.
Community Development Director Bill Molnar noted a review of the City's 2007 Economic Opportunities
Analysis has been completed and the report is now available on the City's website. Commissioner Marsh
requested this report be distributed to the Planning Commission at their next meeting. She also noted
Commissioner Rinaldi is a member of the Economic Development Technical Advisory Committee and he
will be providing an update at a future meeting.
PUBLIC FORUM
No one came forward to speak.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2009-01610 (Part 1)
APPLICANT: City of Ashland
DESCRIPTION: Public Hearing regarding amendments to the Ashland Land Use Ordinance
(ALUO) chapters 18.108.070 and 18.112 concerning timetable tolling.
Senior Planner Brandon Goldman stated the Planning Commission previously reviewed this, however the
following revisions have been made to the ordinance that is before them: 1) the appeal tolling period will be
equal to the exact number of days the project is under appeal (not to exceed 24 months), 2) to obtain a
tolling period extension an application must be filed, and 3) there are three conditions that must be met in
order to receive the extension. Mr. Goldman elaborated on the three conditions and stated an extension can
only be granted if the Staff Advisor determines that the following conditions are met: 1) a one time extension
no longer than 18 months is allowed, 2) the Staff Advisor shall find that a change of conditions for which the
applicant was not responsible prevented the applicant from completing the development within the original
time limitation, and 3) Land Use Ordinance requirements applicable to the development have not changed
since the original approval; however an extension may be granted if the requirements have changed and the
applicant agrees to comply with any such changes. Mr. Goldman clarified applications that would need
substantial changes to bring them into compliance with current code requirements would not be eligible for
an extension. He also clarified the extension application will be deemed complete (pending application
review) at the time it is submitted.
B. PLANNING ACTION: #2009-01610 (Part 2)
APPLICANT: City of Ashland
DESCRIPTION: Public Hearing regarding amendments to the Ashland Land Use Ordinance
(ALUO) chapters 18.108.070 and 18.112 concerning timetable extensions.
Senior Planner Brandon Goldman explained the two proposed ordinances address the same sections of the
Ashland Land Use Ordinance; however the recession extension is an extension that applies to planning
applications approved during a specific timeframe. He stated the most recent revisions to the ordinance
language include: 1) the recession extension period is for a maximum of 18- months, 2) an application shall
be filed for the extension, and 3) the same three conditions (listed above) as the tolling extension apply. Mr.
Goldman clarified in order to be eligible for the recession extension, the planning application approval has to
be currently valid.
Mr. Goldman stated the Commission has two options in terms of which applications will be eligible. Option 1
allows all current planning applications approved up to the effective date of the ordinance to be eligible,
while Option 2 allows current applications approved prior to July 1, 2009 to be eligible.
Mark Knox /485 W Nevada/Stated under typical economic times, the proposed emergency extension
ordinance would not be necessary; however these are not ordinary times. Mr. Knox voiced his support for
the proposed ordinance and stated the vast majority of applicants that would be impacted by this are
average citizens, not developers. He commented on the local land use process and stated not only do
applicants have to deal with various City departments, the Planning Commission, and neighbors; they also
have to contend with banks and private consultants. Mr. Knox asked the commissioners to put themselves
into an applicant's shoes and stated what is going on is very much out of the control of the applicants and
stated recommending approval of the ordinance is fair.
Commissioner Marsh noted the article that was passed out at the beginning of the meeting from Colin
Swales titled "Myriad ideas to fill void of empty lots." She also read aloud the written testimony submitted by
Mark DiRienzo and Philip Lang. Marsh stated all three documents will be added to the record and
forwarded to the Council.
Commissioners Morris /Miller m/s to recommend the City Council approve the timetable tolling
ordinance. Voice Vote: all AYES. Motion passed 6-0.
In regards to the extension ordinance, Commissioner Marsh re- stated their two options. Commissioner
Miller asked how soon an applicant might know whether or not they are going to receive funding. Mr.
Goldman noted the upfront costs that are required and stated most applicants would want some assurance
that funding is available, however they don't really need to be approved for funding until they are ready to
break ground. Mr. Molnar agreed and stated most applicants would want a commitment from a bank during
the initial design states, but it varies.
Mr. Goldman commented briefly on the two options and stated under Option 1, 41 applications would be
eligible; and under Option 2, 35 are eligible. Commissioner Marsh voiced her support for the ordinance with
Option 1. Commissioner Morris agreed and stated the financing rules have changed and many applicants
did not know this going in.
Commissioners Morris /Blake mis to recommend the City Council approve the timetable extension
ordinance with Option 1. DISCUSSION: Mr. Molnar clarified this is currently scheduled for a Council
Hearing on February 16, 2010 and if approved the ordinance will likely have an effective date in April.
Commissioner Dawkins stated he would have felt better about the ordinance if it had addressed extensions
as a whole. He stated everyone knew that a bubble was being created and does not support making
another rule because people invested and it didn't turn out well. Commissioner Miller voiced her hesitancy
with the ordinance and stated she would be more supportive of Option 2. Commissioner Marsh
acknowledged the suggestion to look at extensions in general, but stated granting this extension is the least
they can do. Roll Call Vote: Commissioners Morris, Mindlin, Marsh and Blake, YES. Commissioners
Miller and Dawkins, NO. Motion passed 4-2.
/FEMA Update Section removed/
UNFINISHED BUSINESS
Mr. Molnar explained the Commission's 4 -2 vote on the timetable extension ordinance is not valid because
of a provision that states a majority of the members on the commission (5) need to agree in order to issue a
recommendation to the Council. He stated this provision is in the process of being removed and is not
included in the updated Boards and Commission ordinance currently before the Council. Mr. Molnar
explained the Commission has two options: 1) to reconsider their vote and see if there are five members
that are willing to agree, or 2) bring this issue back in March when the recommendation provision is no
longer relevant.
Commissioners Blake /Mindlin m/s to reconsider the vote. Voice Vote: all AYES. Motion passed 6 -0.
Commissioners Mindlin /Blake m/s to recommend the City Council approve the timetable extension
ordinance without specifying which option is best. DISCUSSION: Dawkins indicated he is not willing to
change his vote. Miller indicated she would switch her vote, but urged applicants to think before they act and
felt this ordinance was abetting people to not be very responsible. Roll Call Vote: Commissioners Blake,
Marsh, Miller, Mindlin and Morris, YES. Commissioner Dawkins, NO. Motion passed 5-1.
ASHLAND PLANNING DIVISION
STAFF REPORT
January 26, 2010
PLANNING ACTION: 2009 -01610 (Part 1)
APPLICANT: City of Ashland
LEGISLATIVE ACTION: Ordinance Amendment Concerning Timetable Tolling (Appeal Tolling
Extension)
ORDINANCE REFERENCE: Chapter 18.112 Enforcement; 18.108 Procedures.
REQUEST: To amend Chapters 18.112 and Chapter 18.108 of the Ashland Land Use
Ordinance (ALUO) to provide for timetable tolling during pending appeals and
court proceedings.
I. Relevant Facts
A. Background History of Application
Planning Action 2009 -01610 involves various amendments Chapters 18.112 and
18.108 of the Ashland Land Use Ordinance (ALUO). These amendments address two
separate objectives.
allowing for tolling of actions pending appeals (Part 1)
allowing a one -time extension for projects delayed due to the national
recession (Part 2).
To simplify the review process, and assist in an independent evaluation of proposed
amendments, Staff is presenting two separate ordinances for consideration by the
Planning Commission and Council. Further, two separate staff reports are also
provided to better delineate the provisions that relate to each objective. This report
addresses the proposed ordinance that addresses the appeal tolling provisions.
On October 20 2009 the City Council initiated an ordinance amendment directing
staff to modify the ALUO to enable suspension of the "clock" until all appeals have
been concluded.
On December 8 2009, the Planning Commission reviewed draft ordinance language
at a study session and scheduled a public hearing.
B. Detailed Description Proposal
The proposal involves additions and revisions to the Ashland Land Use Ordinance so
that the timetable for approved Planning Actions would be suspended, or tolled, for
Planning Action 2009 -01610 (Part It Ashland Planning Division Staff Report bg
Applicant: City of Ashland Page 1 of 5
appeals outside the local approval process, as is the case with appeals to LUBA or the
Circuit Court.
Appeals of approved Planning Actions to the Land Use Board of Appeals (LUBA),
Oregon Circuit Court, or Oregon Supreme Court, may exhaust the 12 month
allowance for an applicant to get building permits and begin construction following
the final decision of the City. For projects appealed beyond the local approval
process, this limitation has the potential to nullify a projects approval should court
reviews extend beyond the first year and a subsequent 18 month extention.
The proposed ordinance amends 18.108.070 (Effective Date of Decision and Appeals)
and 18.112 (Enforcement) to allow an applicant to apply for a timetable suspension to
essentially stop the clock during the appeal period. The tolling period would be limited
to the exact number of days the project is under appeal, but not to exceed a maximum of
two years.
In the event that the proposed maximum 24 month appeal tolling period expired without
resolution through the courts, the applications original 12 month timetable would provide
additional time for resolution. Additionally an applicant could apply for a regular 18
month extension provided the conditions for an extension are met per Chapter
18.112:035 as proposed.
II. Project Impact
A. Approval Process and Noticing
A Public Hearing shall be held before the Planning Commission for Legislative
Amendments to the Land Use Ordinance. The Planning Commission shall forward its
recommendations to the City Council. Upon receipt of the Planning Commission's
recommendations the City Council will hold a Public Hearing, scheduled for
February 16 2010, and the Council may approve, approve with conditions or deny
the application.
A notice advertising a public hearing was published in the newspaper as required by
Chapter 18.108.080, as well as a meeting announcement and an electronic copy of the
draft ordinance was posted on the project web page www.ashland.or.us /tolling. A
Notice of Proposed Amendment was submitted to the Department of Land
Conservation and development was submitted per the requirements of ORS 197.610,
OAR Chapter 660, Division 18.
B. Proposal Impact
Currently Ashland's Land Use Ordinance does not toll or suspend local approval
dates when that the City approval is appealed to the Land Use Board of Appeals
(LUBA), Circuit Court, or the Supreme Court. Without a tolling provision, an
applicant's approval can effetely expire even if the Court upholds the City's approval.
The proposed ordinance amendments would allow a final determination by LUBA or
the courts to occur without invalidating the original approval due to expiration of our
Planning Action 2009 -01610 (Part 1) Ashland Planning Division Staff Report bp
Applicant: City of Ashland Page 2 of 5
local period of approval. The majority of such appeals to LUBA and Circuit Court
are resolved in less than two years. T� establish a point of review for an extension
request beyond that period, the proposed ordinance limits the appeal tolling period to
a maximum of two years.
The addition of a tolling period extension provision will ensure an applicant need not
go through the land use approval process again for the identical application request.
If the applicant chooses to modify the previous approval, the tolling extension would
not apply and they would be directed back through the existing land use application
and review process.
C. Discussion Items
Latest Revisions
The attached Chapter 18.108 and Chapter 18.112 amendments include revisions the
City Council and Planning Commission have discussed over the past several months.
A summary of the most recent changes are as follows.
o The proposed ordinance establishes an appeal tolling period shall be equal
to the exact number of days a project is under appeal, not to exceed 24
months.
o The proposed ordinance requires that to obtain a tolling period extension,
an application shall be filed.
o The proposed ordinance clarifies under which conditions an application
for extension can be approved concerning Land Use Ordinance
requirements that may have changed between to original application date
and the date the extension is requested. Presently the ordinance stipulates
within 18.112.30 that extensions may only be granted if the Staff Advisor
determines that the following three conditions are met:
1. One time extension no longer than eighteen (18) months is allowed.
2. The Staff Advisor shall find that a change of conditions for which the applicant was
not responsible prevented the applicant from completed the development within the
original time limitation.
3. Land Use Ordinance requirements applicable to the development have not
changed since the original approval. An extension may be granted, however, if
requirements have changed and the applicant agrees to comply with any such
changes.
In the proposed ordinance Conditions 1 and 2 remain identical to those
above.
Currently Condition 3 above provides the Staff Advisor with the ability to
evaluate the original application and potentially accept substantive
modifications to the originally approved plan necessary to comply with
new regulations. Staff is concerned that such discretion may not
Planning Action 2009 -01610 (Part 1) Ashland Planning Division Staff Report bg
Applicant: City of Ashland Page 3 of 5
effectively limit such changes to only minor alterations consistent with the
original' approval. Staff has therefore proposed an amendment to this
provision in the draft ordinance to remove that degree of discretion as
follows:
"Land Use Ordinance requirements applicable to the development have not
changed since the original approval. An extension may be granted, however, if
requirements have changed and there is no material effect upon the original
approval, and the applicant agrees to comply with any new requirements, as
a condition the extension."
o Clarifies Section 18.112.030 to note that revocation of a permit shall not
occur if an extension application is filed and deemed complete prior to the
date of expiration, pending application review and decision.
o Provisions specifically relating to the "recession" extension as previously
discussed are proposed under a separate ordinance
111. Procedural Required Burden of Proof
18.108.170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make
other legislative amendments in order to conform with the comprehensive plan or to meet other
changes in circumstances and conditions. A legislative amendment is a legislative act solely within
the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application
of a property owner or resident of the City. The Commission shall conduct a public hearing on the
proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days
after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed
amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposal is to be first
considered. The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public
hearing. After receipt of the report on the amendment from the Commission, the Council shall hold
a public hearing on the amendment. Notice of time and place of the public hearings and a brief
description of the proposed amendment shall be given notice in a newspaper of general circulation
in the City not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered
by the Commission within the twelve month period immediately following a previous denial of such
request, except the Commission may permit a new application if, in the opinion of the Commission,
new evidence or a change of circumstances warrant it.
Planning Action 2009 -01610 dean r) Ashland Planning Division Staff Report bg
Applicant: aty of Ashland Page 4 of 5
IV. Conclusions and Recommendations
Staff recommends approval of the proposed ordinance amendments to Chapter 18.108
and Chapter 18.112 conceming timetable tolling for appeals.
Staff believes that the proposed amendments provide necessary allowances to enable
appellants to pursue legal challenges to local Planning Approvals, while the validity of
Planning Approvals is retained pending the outcome of court proceedings.
Following a public hearing on the proposed ordinance and in consideration of the
testimony received and information presented in this report, the Planning Commission
shall forward a recommendation to the City Council for consideration.
Planning Action 2009-01610 (Part 1) Ashland Planning Divisbn— Staff Report hg
Applicant: City of Ashland Page 5 of 5
City or Ashland
FROM: Colin Swales colinswales(a)gmail.com mooing E ;iiibit
TO: Brandon Goldman goldmanb(a�ashland.or.us
RECEIVED 1 -26 -10 0.,,A��T
Brandon,
1 am concerned that some Planning Commissioners think the planning extensions are a "a
subsidy for developers" see
http: /tvww.dai lytidings.com/apps/pbcs.d11/article7AID=/20100125/N E\k'S02/ 1 2503 1 8/-
1 /NEWS
Here are some ideas for a possible quid pro quo in exchange for giving extensions to
developers.
Please could you print ont this article /email and pass it on to the PC for tonight's
discussion, and for the Record.
hup: /www.sfgate.com /cgi- bin /article.cgi?f= /c /2010 /01 /26 /iMN DV I I3K UM4. DTl.
Myriad ideas to fill void of empty lots
John King, Chronicle Urban Design Writer Tuesday, January 26, 2010
V a
1 5 i j
The Newsom administration is drafting legislation to encourage San Francisco developers
to occupy empty lots on a short -term basis with such initiatives as tree farms or public
art.
What's being called a "green development agreement" would offer a trade -off.
Landowners with approved projects stalled by the real estate slump could lock in their
right to build if the land is used in ways that offer visual, environmental or cultural
benefits until construction begins.
"The goal is simply to say, 'This is your ensured development, and in return we want a
good public use,' said Michael Yarne, an adviser to Mayor Gavin Newsom. "We want
to create a standardized process to transform empty lots into spaces that are productive
and beautiful."
The effort began after a 2009 Chronicle series on Tots that are left to languish during
economic slumps. The problem is especially vivid south of Market Street, where large
sites were cleared for towers that now are on hold because of economic uncertainty.
At present, entitlements for many large projects must be renewed each year. While
extensions are granted routinely, the sites sit bare and often attract graffiti and trash.
Garden taking root
There is also a lag along Octavia Boulevard, where plans call for housing on city -owned
lots. However, the developers selected in a competition have not been able to nail down
construction loans.
Neighbors still want housing in the meantime, the city has arranged for short -term use
of several sites. The most visible for now is on the narrow block between Oak and Page
streets, where work has begun on a garden that will be tended in part by clients of the
city's Project Homeless Connect.
The green development agreements would require the blessing of the Planning
Commission and the Board of Supervisors. The mayor's office plans to submit the
proposed legislation next month.
The concept may be tested at the corner of Harrison and Fremont streets, where a 41-
story tower is approved for the acre -plus sloped lot that greets drivers exiting the Bay
Bridge.
Portable trees
The developer is readying a proposal in which the site would be used to grow street trees
in containers in return for extended rights. There also might be extensive plantings of a
strain of miscanthus that grows 13 feet tall. The grass pulls carbon from the air and can
be used to produce biofuel.
"We're open to the idea, willing and excited," said Doug Wildman of Friends of the
Urban Forest, which has talked with the owner, Fifield, about managing the "farm" and
using it for educational purposes. By raising trees in the city where they'll be planted, he
added, "they get acclimated much more easily."
Also involved at 399 Fremont is Rebar Group, a self- described collective of "artists and
activists and designers."
Rebar has prepared a set of potential interim uses that might satisfy the city's green
development agreement.
The group envisions activities that "represent a significant improvement over existing
vacant/unimproved site conditions Among the options are using the land temporarily
for urban farming or landscapes that create habitat for birds and insects.
Another idea is to create spaces for neighborhood festivals or gatherings. Similarly, art
could be installed for set periods of time. Planter boxes and performance stages could be
moved to another site once construction begins.
Keeping it simple
Supporters of interim uses sound a note of caution: Setting expectations too high or
making the process too elaborate could backfire.
"The more difficult you get, the more resistance from developers there will be," said
Kathrin Moore, a member of the Planning Commission. "We need ease of
implementation, and something that harmonizes with the neighborhood."
Moore sees it in builder self interest to prevent blight from getting a toehold in
neighborhoods such as Rincon Hill, where the city has put plans in place that encourage
new projects.
"We can't afford to have a neighborhood defined by vacant lots and chain -link fences"
when developers are seeking loans to start construction, Moore said. "Developers need to
realize they're going to improve each other's negotiating position."
Other cities have pursued similar efforts.
One ambitious example is in New York City, where a development site is being managed
by the Lower Manhattan Cultural Council. Dubbed LentSpace, it includes sculptures,
benches and planters that hold trees destined to line nearby streets.
"At the end of the day, there's no lack of ideas being batted around for these sites," said
John Bela of Rebar. "The problem is, how do you implement them
Reviving vacant lots Find previous articles about empty lots and how they
might be revived at sfgate.com /ZIBD.
E -mail John King at iking @sfchronicle.com.
This article appeared on page A 1 of the San Francisco Chronicle
thanks
Colin Swales
Gmai) Extension input Page 1 of 2
City of Ashland
Planning li
i shibil
1 Eamen'w Pam Marsh <pam.marsh @gmail.com>
rAnt i
Extension input
Mark D <markd @mind.net> Tue, Jan 26, 2010 at 5:45 PM
To: pam.marsh @gmail.com
Cc: molnarb @ashland.or.us
Hi Pam and Bill, I have to babysit tonight, so my plans to attend got foiled. I wrote up a quick summary that I
hope give some folks a different point of view than, all developers are bad people.
Dear Commissioners, I write to strongly encourage the planning commission to approve the
proposed extensions to current plamung approvals. During tough economic times, I believe we must
do our best as a community to encourage businesses to stay here and to provide jobs to our citizens.
One of the ways to keep them here is to provide a pipeline of adequate space in which they can work
and into which they can grow. Currently the timeline for designing, gaining approval, and
physically constructing a new building is a deterrent to businesses moving to the area. The banking
and financing delays of the last 18 months have only worsened the problems for businesses that are
primarily in "hunker down" mode already. Let's take one of the obstacles away and promote
economic development in Ashland by adding some time for a potential project to come to fruition:
The planning department has already been paid the application fees, the property owner and tenants
have paid their design fees up front, what can it hurt to send a message to the business community
that we want to make things more efficient as the market starts to improve and that we understand
their issues too?
It is clear that the opponents to this approval believe that this is a gift to developers, I disagree. As a
commercial property owner with current approval that will expire this year (10,000 sq. ft including
an Organic Distillery production and retail space), I can tell you that while we appreciate the help,
there is no windfall in getting an extension. Our money AND the tenants money has already been
invested in the design, engineering, architecture and application fees for quite some time and with
little to no bank financing available for the tenant, the building cannot be built and the tenant is stuck
without their ideal location. The original land investment is expensive to leave dormant. The
extension simply offers us a final chance to build this building, to help a business in town, and to add
to the space options for other businesses in town. The alternative is that we re- submit the plans "as
is" and the process is started all over again. That really only adds work for the City staff and
commissions since the fact is, if the code standards haven't changed, the project technically must be
approved since it met the standards the first time.
I apologize for not coming in person and trust that this opinion helps to broaden your perspective on
this topic.
https:// mail .google.com /mail ?ui= 2 &ik =dl ec9a550d &view =pt &search inbox &msg 1266... 1/26/2010
Gmail Extension input Page 2 of 2
Thanks for your consideration.
Mark DiRienzo
700 Mistletoe Road #106
Ashland, OR 97520
https:// mail.google.com/mail /7ui= 2 &ik =d 1 ec9a550d &view =pt &search inbox &msg 1266... 1/26/2010
City of Ashland
I'IanninIt Exhibit
Ashland Planning Commission January 25, 2010
59 Winburn Way r A 42 hn _I
Ashland, OR 97520 do-`
Subject: #2009 -01610 (read into the record)
Under typical economic tines, the proposed emergency extension ordinance wouldn't
need to be considered because the current ordinances do work. However these are not
ordinary times and I believe City staff has put into place reasonable criteria and a
reasonable timeframe for applicants to complete their plans and fulfill their obligations.
There are a few individuals that I would consider "developers but the vast majority of
the applicants I know who would be impacted (positively or negatively) are average
citizens from a family desiring an Accessory Dwelling Unit (ADU) for an extended
family member to a developer who's building homes that incorporate various modern
and sustainable measures that "our" current homes don't yet have.
Not only do these individuals have to deal with the local land use process (Planning,
Building, Public Works, Fire, Planning Commission, Neighbors, etc.), they also have to
contend with banks and private consultants (civil engineers, attorneys, wetland
specialists, planners, etc.). To not adopt the proposed ordinances is not recognizing what
the near collapse of the national economy has done to innocent bystanders.
Again, these are individuals that have gone through a very difficult land use process, a
process that 1 believe only Commissioner Mindlin has had the pleasure to endure...
1) Where they have strived to meet all of the City's regulations prior to
submittal (regulations that Commissioners and Councilors have
discussed and labored over prior to adoption),
2) Submit to the Staff/Planning Conunission to "possibly" have plans
changed and /or expense added;
3) Sometimes have had to contend with numerous conditions of approval
such as costly and un- allocated off -site improvements, and
4) Once approved by the Planning Commission, have to run the gauntlet
of what I would call one or two appellants one such appellant who I'm
sure the timetable tolling provision was specifically written for.
In the end, the individuals who make it to the end have gone through a very difficult,
frustrating and expensive effort. But, at least they get clues on the way and could predict
"most" of the pitfalls. But, with what is happening on the national scene, where banks had
previously provided loans and predictable procedures, has now switched in the middle
of the applicant's land use process!
1 wish the Planning Commission could put themselves into an applicant's shoes to just
realize that what is going on is very much out of the control of the applicants, but that
recommending approval of the ordinances is fair.
Sincerely,
Mark Knox
fir
wP
..1 V eit
PHILIP C LAING. \CM' LC(S\ I ORE. LC6 \1%1141 CAI,. 103W-5500
11`4,f-;7' r
City of A4lan4
758 B &rect. Addand. Orcgon 97520
Planning Exhibit
Rcsidcncc 541 482 -8659 i.�(y
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e -mail: niapommind.ncl umri2Sp 101.7.1
January 26, 2010
To: Planning Commission
Re.: Proposed "tolling" (extension) of permit time for speculative developers
The following is an addendum to my written submission (September 15, 2009)
:and my written and verbal presentation at the December 8, 2009 meeting.
This proposal is bad public policy, an unwarranted and indirect subsidy to
speculative developers, and contrary to the needs of the City and its citizens.
1) Bad Public Policy
There are excellent reasons for time limits on planning approvals. Over
the course of time —even one year, there can be changes in'standards
for earthquake safety, fire safety, electrical, plumbing as well as
standards for "green" construction, waste recycling, etc. An extension of
time will allow builders to comply with lower prior standards, which can
also create liabilities for the City.
We have been told that this tolled permits will be reviewed to meet newer
standards:
a) where are the staff and the fees to support such a review?
b) how will we know that it is being done? Given past performance, scepticism
is justified.
c) there will be no public process, no public input so much for "transparency"
in government.,
2) An Indirect "Giveaway"
This comprises a subsidy to speculative developers, who, finding no market for
:their structures now, can wait until such structures become profitable, and then
get re- approvals and other services free. As one city councilor put it:
"the developers who took the risk of borrowing money and are unable to get
fund (or customers added) due to the recession should suffer the consequences
like everyone else. Banks are not giving long extensions to those losing
.their homes "(Council minutes). This essentially "socializes" their risk.
3) Detrimental to Public Needs
The City is contemplating more long -range planning. This may result in
identification of different needs than those the developers plan to meet.
The "grandfathering in" of permits furstrates any significant plan revisions
and de facto voids them, since developers will be able to go ahead with
`structures now deemed contrary or unnecessary to public need.
Planning Commission 1/26/10 re: "tolling of permits" p. 2
Another City councilor said: "We need applications more congruent with the
current (and futu• added) economic situation. It would be better to let
these projects a "(see council minutes).
II
IPP i LANG 4 1
Footnotes Addendum
Before we reward those who simply gambled and lost because of the predictable
business cycle downturn which was predictable and expectable we might
look at one speculative project that has failed and become a public
liability. We see it daily at the center of downtown at Lithia Way
between Pioneer and North First.
The site is an eyesore, and dangerous to pedestrians. There are 16 unplanted
tree spots, and a lot (now mudhole) littered with:: rocks, weeds, and debris.
Do we not have a public nuisance ordinance that wants enforcement?
These speculative developers have also failed to pay their taxes, now
delinquent for 2007, 2008, and 2009 an amount approaching q pp g $43,000.001
You may think that this is a compelling reason to provide them with an
indirect subsidy but most of us struggling to make it in this economy
feel t erwise.
attachment: copy of Jackson County Tax Collector re: Northlight Community
Builders, LLC.
cc: Mayor
City Council
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PHILIP C LANG, ACS�I. I.CS�e 1� r 1 a
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Rcsidcncc 541 482-8659
011ice/Fax 541 482 -5387
e-mail: Pltilip niind.ncl City of nst:hnd
Comma illy Deveb, ment
December 8, 2009
To: Planning Commission
Re.: Proposed "tolling" extension of time on initiating projects for
speculative developers
This proposal initiated by the planning staff (I) should be put to sleep
quickly and ypujetly for reasons to follow.
At the outset it is strange that neither the Planning Commission nor the
City Council took umbrage at having planning staff, apparently with time
on their. hands on and. perhaps. at. the urging of_parties who stand to benefit' from
this proposal, took it upon Themselves, without either request or direction
by the Commission or the Council to do so. Then too, City jobs are
at stake, for as the staff report notes: "the economic downturn has resulted
in a significant slowdown in the submission of development :applications
and general building activity."
This is a very bad proposal for the following reasons:
1) The staff report raises the questions of ordinance changes during the
extended period, but does not deal.with how this would be handled. Indeed
there may be significant changes, not only locally but state and federally
mandated dealing with electrical, fire, earthquake safety etc.
Will the proposals be reviewed? And if so who will pay for the cost?
And what of the review? Since this will not be a public hearing we can
anticipate that this "review" will be a 2 -step process: (1) a wink, and
(2) a nod.
2):.How about changed needs?
a) We are once again talking about "long range planning Such planning
which may mandate other strtuctures than those "tolled" will be'
meaningless if there is a commitment to projects whose Utility tir value
has vanished.
b) In anticipating these inevitable and rapidly approaching needs for
change, one city councilor put it very well: "We•need applications
more congruent with the current (and future added) economic
situation. It would be better for the community to let these projects
lapse (See your Council Minutes)
3) Another councilor mode another excellent point: "the developers who took
the risk of borrowing money and are now unable to get funding due to the
recession should suffer th9e consequences like everyone else. Banks
are not giving long extensions to those losing their homes (Idem)•
Planning Commission December 8, 2009, re: "Tolling" p. 2
4) Those who whould benefit from this relief essentially a subsidy,
are called "developers Well, any.'. one of us who builds can be called
a !!developer" including myself. But these are a special kind of
?developer" they are speculative. developers. They are not building
based on a perceived need or demand. Rather they are speculating that
they will be able to sell or•.lease their structures when completed.
These speculators, as clever as they are, seem to have suddenly forgotten
about the nature of capitalisn, of "free enterprise" and the "free market"
and now want you which means we, the taxpayers to socialize their risk!
What are we doing here aping our "betters" in the federal government?
5) This ordinance changes is a subsidy. You are not giving them money directly,
but you are subsidizing them by protecting their investment until such time
as building their speculative developments becomes lucrative again.
The staff report repeatedly refers to "the difficulty of getting loans"
as-the reason for developments not proceding. Say something long enough
and people will begin to believe it. I would suggest that that is not the
case. The problem is as stated in the preceding: the developers want to
wait until their profit is assured by an expanding market for their developments.
6) Before we go about rewarding those who simply gambled and lost because
of the predictable business cycle downturn collapse, situations
that have been recurring for two hundred years and more and are forseeable,
let's look at one major project and its status. We a11 daily
at the center of our downtown the failed development on Lithia Way
between Pioneer and N. 1st.
a) The site is an eye and dangerous to pedestrians. It creates
enormous liabilitiess could include the City. When asked why
the developer does not erect a protective fence,.planning's reply was:
"it!s only necessary when under construction This is:absurd.
There is a "public nuisance ordinance."
b) There are 16 unjilantederireeegrates on Lithia Way and N. 1st. .Why are
there no trees? Planning's response: "they're only required on
completion and final Also eyesores also hazardous So much
for the developer's interest in a bete utid4¢ Ashland "Tree City USA
c) A review of the county tax collector's records is enlightening.
These lots involved in this project are arecdellnquarttfor -the years
2007, 2008; 2009!. The delinquent taxes total $42,000.00 as of
the date I researched them (11/28/09).
Surely these desperate, s6ffering speculative developers need and deeerne
what is essntially an indirect Bailout for the good of the entire community!
In Summary
The proposed ordinance is unconscionable.It:is discriminatory and unfair.
It hides from publip view the delayed /deferred initiation of these projects.
It costs the taxpayers money when the City is strapped. It undermines long
range planning. It is bad public policy.
PHILIP C. LANG
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JACKSON COUNTY TAX COLLECTOR
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774 -6541
Pay online now with credit card or check 11/28/2009 3:41:41 PM
NORTHLIGHT COMMUNITY BUILDERS LLC
550 MAIN ST
ASHLAND, OR 97520
Tax Account 8 10796122 Lender
Account Status Active Loan p
Roll Type Real Property Property ID 0501 391E0%BA -11601
Sltus Address PIONEER ST N, ASHLAND, OR Interest To Nov 28, 2009.
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Date
2009 ADVALOREM 1,065.00 1,060.29 4.71 0.00 1,060.29 Nov 15, 2009
2008 ADVALOREM 1,143.61 1,009.07 134.54 000 1,009.07 Nov 15, 2008
2007 ADVALOREM 836.91 657.26 179.65 0.00 985.89 Nov 15, 2007
2006 ADVALOREM 0.00 0.00 0.00 0.00 909.10 Nov 15, 2006
2005 ADVALOREM 0.00 0.00 0.00 0.00 859.94 Nov 15, 2005
2004 ADVALOREM 0.00 0.00 0.00 0.00 847.77 Nov 15, 2004
2003 ADVALOREM 0.00 0.00. 0.00 0.00 832.54 Nov 15, 2003
2002 ADVALOREM 0.00 0.00 0.00 0.00 808.33 Nov 15, 2002
2001 ADVALOREM 0.00 0.00 0.00 0.00 799.47 Nov 15, 2001
2000 ADVALOREM 0.00 0.00 0.00 0.00 785.54 Nov 15, 2000
1999 ADVALOREM 0.00 0.00 0.00 0.00 719.04 Nov 15, 1999
1998 ADVALOREM 0.00 0.00 0.00 0.00 699.52 Nov 15, 1998
1997 ADVALOREM 0.00 0.00 0.00 0.00 693.05 Dec 15, 1997
1996 ADVALOREM 0.00 0.00 0.00 0.00 891.98 Nov 15, 1998
Total 3,045.52 2,726.62 318.90 0.00
Page 1 of 1
tatement Of Tax Accour,
JACKSON COUNTY TAX COLLECTOR
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774 -6541
Pay online now with credit card or check 11/28/2009 3:40:16 PM
NORTHLIGHT COMMUNITY BUILDERS LLC
585 ALLISON ST
ASHLAND, OR 97520
Tax Account 10065305 Lender
Account Status Active Loan
Roll Type Real Property Property ID 0501 391E09-BA-15000
Situs Address 123 FIRST ST N, ASHLAND, OR Interest To Nov 28, 200
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Date
2009 ADVALOREM 10,670.52 10,623.31 47.21 0.00 10,823.31 Nov 15, 2009
2002 ADVALOREM 0.00 0.00 0.00 0.00 0.00 Nov 15, 2002
Total 10,870.52 10,823.31 47.21 0.00
Tax Notations
Notation Date
Code Added Description
BAD ADDRESS 11/02/2009 09 -10 statement returned "insufficient address" resent to 230 wilson rd kwm
1'
t
Page 1 of
Statement of Tax Accour
JACKSON COUNTY TAX COLLECTOR
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774-6541
Pay online now with credit card or check 11/28/2009 3:43:04 PM
NORTHLIGHT COMMUNITY BUILDERS LLC
550 MAIN ST
ASHLAND, OR 97520
Tax Account 10796131 Lender
Account Status Active Loan
Roll Type Real Property Property ID 0501 391E 9- BA- tt7Ot2
Situs Address PIONEER ST N, ASHLAND, OR Interest To Nov 28, 2049
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Data
2009 ADVALOREM 967.80 963.52 4.28 0.00 963.52 Nov 15, 2009
2008 ADVALOREM 1,039.26 916.99 122.27 0.00 916.99 NOv 15, 2008
2007 ADVALOREM 760.45 597.21 163.24 0.00 895.82 Nov 15, 2007
2006 ADVALOREM 0.00 0.00 0.00 0.00 828.10 Nov 15, 2006
2005 ADVALOREM 0.00 0.00 0.00 0.00 781.36 Nov 15, 2005
2004 ADVALOREM 0.00 0.00 0.00 0.00 770.31 Nov 15, 2004
2003 ADVALOREM 0.00 0.00 0.00 0.00 756.52 Nov 15, 2003
2002 ADVALOREM 0.00 0.00 0.00 0.00 732.70 Nov 15, 2002
2001 ADVALOREM 0.00 0.00 0.00 0.00 726.53 Nov 15, 2001
2000 ADVALOREM 0.00 0.00 0.00 0.00 713.87 Nov 15, 2000
1999 ADVALOREM 0.00 0.00 0.00 0.00 653.45 Nov 15, 1999
1998 ADVALOREM 0.00 0.00 0.00 0.00 635.79 Nov 15, 1998
1997 ADVALOREM 0.00 0.00 0.00 0.00 629.91 Dec 15, 1997
1996 ADVALOREM 0.00 0.00 0.00 0.00 810.64 Nov 15, 1
Total 2,767.51 2,477.72 289.79 0.00
Tax Notations
Notation Date
Code Added Description
BAD ADDRESS 11/03/2009 09/10 statement returned, "attempted not known" kwm
Page 1 of 1
I, )fatement of Tax Accour
JACKSON COUNTY TAX COLLECTOR
JACKSON COUNTY COURTHOUSE
MEDFORD, OR 97501
(541) 774 -6541
Pay online now with credit card or check 11/28/2009 PM
NORTHLIGHT COMMUNITY BUILDERS LLC
0/0 DALE RUSS
230 WILSON RD
ASHLAND, OR 97520
Tax Account 10065290 Lender
Account Status Active Loan
Roll Type Real Property Property ID 0501 391E09•eA -10100
Situs Address 175 LITHIA WAY, ASHLAND, OR 97520 Interest To Nov 28, 2009
Tax Summary
Tax Tax Total Current Interest Discount Original Due
Year Type Due Due Due Available Due Date
2009 ADVALOREM 7,712.04 7,677.92 34.12 0.00 7,677.92 Nov 15, 2009
2008 ADVALOREM 10,318.24 9,104.32 1,213.92 0.00 9,104.32 Nov 15, 2008
2007 ADVALOREM 7,550.39 5,929.62 1,620.77 0.00 8,894.43 Nov 15, 2007
2006 ADVALOREM 0.00 0.00 0.00 0.00 8,200.63 Nov 15, 2006
2005 ADVALOREM 0.00 0.00 0.00 0.00 7,756.73 Nov 15, 2005
2004 ADVALOREM 0.00 0.00 0.00 0.00 7,646.48 Nov 15, 2004
2003 ADVALOREM 0.00 0.00 0.00 0.00 7,508.97 Nov 15, 2003
2002 ADVALOREM 0.00 0.00 0.00 0.00 7,272,26 Nov 15, 2002
2001 ADVALOREM 0.00 0.00 0.00 0.00 7,209.85 Nov 15, 2001
2000 ADVALOREM 0.00 0.00 0.00 0.00 7,081.97 Nov 15, 2000
1999 ADVALOREM 0.00 0.00 0.00 0.00_ 6,483.16 Nov 15, 1999
1998 ADVALOREM 0.00 0.00 0.00 0.00 8,307.36 Nov 15, 1998
1997 ADVALOREM 0.00 0.00 0.00 0.00 6,249.55 Dec 15, 1997
1996 ADVALOREM 0.00 0.00 0.00 0.00 6,487.89 Nov 15, 1998
Total 25,580.67 22,711.86 2,868.81 0.00
f
1
Page 1 of 1
CITY OF
ASHLAND
Council Communication
Adoption of 2010 City Council Goals
Meeting Date: February 16, 2010 Primary Staff Contact: Martha Bennett
Department: Administration E -Mail: bennettm @ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn Estimated Time: 30 minutes
Question:
Does the City Council want to adopt the City Council Goals for 2010?
Staff Recommendation:
Staff recommends adoption of the goals.
Background:
On January 23, 2010, the City Council held a goal setting retreat. The purpose of the retreat was to
update the goals adopted in June 2009 to guide the City's work in calendar year 2010 and for Fiscal
year 2010 -2011. Prior to the retreat, the City Council received the public input that was received
during summer 2009, a memo outlining the specific ideas of the City's advisory commissions and
boards, and feedback from the Department Head group. At the conclusion of the retreat, the Council
revised several of the 2009 goals and added one new proposed goal. Council also directed staff to
prepare timeline, staffing, and budget estimates for the revised and new goals.
Attached to this Council Communications is a list of the proposed goals, with the changes from 2009
highlighted in yellow. Also attached is a memo responding to the request for timeline, staff, and
budget estimates. These work plans were developed only for the new goal and for the other goals that
underwent substantial revisions. Staff did not prepare new work plans for the two goals where the
changes were largely editorial.
Staff recommends that the Council take public testimony during on these goals as part of your
February 16, 2010 Meeting. Council should then make any revisions desired to the goals statements.
Staff then recommends Council adopt the goals formally. Staff further recommends that the City
Council liaisons to each of the boards and commissions communicate these goals to our volunteer
groups. Staff will also use these goals to develop the FY 2011 budget, including any new program
proposals that will need to be considered during the Budget process.
Attachments:
Proposed City Council Goals
Outline on Revised/New City Council Goals
Page 1 of 1
1`,
DRAFT
2010 -2011 CITY COUNCIL GOALS
OVERVIEW
The City Council has set goals for the next 12 to 24 months to continue Ashland's history as a
community that focuses on sustaining itself and its people. To us, sustainability means using,
developing and protecting resources at a rate and in a manner that enables people to meet their
current needs and also provides that future generations can meet their own needs. The City of
Ashland has a responsibility towards sustainability in six primary areas:
o Economy
o Environment
o Social Equity
o Municipal Organization
o Public Facilities
o Partnerships
ECONO\11
Goal Proposed for Adoption
Develop and implement a comprehensive economic development strategy for the purpose of:
o Diversifying the economic base of the community
o Supporting creation and growth of businesses that use and provide local and regional products
o Increasing the number of family -wage jobs in the community
o Leveraging the strengths of Ashland's tourism and repeat visitors
Develop an implementing strategy for funding infrastructure and public facilities for economic
development projects.
Increase the clarity, responsiveness, and certainty of the development process.
EN1 "IRON \I ENT
Goal Proposed for Adoption
Develop an integrated land use and transportation plan to increase the viability of transit, bicycles,
walking and other alternative modes of transportation; reduce per capita automobile vehicle miles
traveled; provide safe walking and bicycling routes to home, work, shopping and schools; implement
environmentally responsible design standards, and minimize new automobile related infrastructure.
Adopt an integrated Water Master Plan that addresses long -term water supply including climate
change issues, security and redundancy, watershed health, conservation and reuse, and stream health.
Implement specific capital projects and operational programs to ensure that City facilities and
operations are a model of efficient use of water, energy, land, and other key resources.
Adopt land use codes, building codes, and fee structures that creates strong incentives for new
development that is energy, water, and land efficient and supports a multi -modal transportation
system.
Page 1 of 2
DRAFT
Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands.
Plan for low -water years including potentially 2010 by:
o Implementing a public information and technical assistance campaign that encourages summer
time conservation.
o Consider the options for a summer time surcharge to encourage efficient irrigation practices prior
to June 1, 2010.
SOCIAL EQLITI'
Goal Proposed for Adoption
Complete the sale of a portion of the Clay Street Property to Parks and Recreation and decide whether
to develop or sell the remaining land.
Convene a discussion of stakeholders working on issues related to homelessness to develop a plan for:
o Replacing services previously provided by ICCA.
o Developing an emergency shelter for minors.
o Improving connections to services available in Jackson County to Ashland's homeless.
o Ensuring Jackson County's 10 Year Plan addresses the specific issues faced in Ashland.
Goal Proposed for Adoption
Develop plan for fiscal stability, manage costs, prioritize services, and insure key revenue streams for
the City and Parks Recreation.
Address issues the stability of the organization including employee recruitment and retention;
succession planning; and effective and increased use of citizen volunteers.
Pt 13LIC FACILITIES
Goal Proposed for Adoption
Develop a plan to replace Fire Station #2.
Define a long term strategy for the Ashland Fiber Network that improves its financial viability,
provides high quality services to residents, and promotes healthy economic development.
PARTNERSHIPS
Goal Proposed for Adoption
Foster strong collaboration of the local community, City, State and Federal leaders in efforts to
improve the health of the Ashland watershed through reducing fire haiards and restoring forest health.
Advocate for the long -term viability of rail service to and through'Ashland and encourage "the use of
rail through land use, transportation, and economic development planning.
Page 2 of 2
2010 City Council Goals
Outline of Workplan, Timeline, Staffing and Budget for New and Revised Goals.
February 10, 2010
Page 1
Revised Council Goal:
Develop an implementing strategy for funding infrastructure and public facilities for economic
development projects.
Plan for Achieving Goal
For the Croman Mill Property and for other major employment areas in Ashland, infrastructure and
public facilities play an integral role in creating a functional employment area that is attractive for
businesses and employees and are well integrated into the physical form of the City of Ashland. To
accomplish this goal, the City must:
Assess a variety of financing options and optimize revenue sources for installation of infrastructure
and public facilities
Define the roles of the private and the public sectors in providing infrastructure and public amenities.
Which improvements benefit the community at large and which are needed solely for the
development itself.
Facilitate the development and redevelopment of underused employment land in Ashland such as the
Croman Mill site, the railroad property, the downtown, and the Washington/Jefferson Street areas so
that it can be used to accommodate Ashland's employment growth for the next 20 years
Timeline
Identify infrastructure and public facility needs and projects in the major employment districts 2
months
Assess financing options, including development fees, general obligation bonding, tax increment
financing, advance finance districts, local improvement districts, etc. for feasibility 2 months
Significant Stakeholder Involvement, particularly in review of TIF analysis 3 months
Council Direction on viable options and directions related to either GO Bonds and TIFs 3
months
Follow up if GO Bonds or TIF are selected as options 12 to 18 months
Staffing
Staff estimates close to 400 hours of city staff to complete the project. Staff from Administration,
Community Development, Finance, Public Works, Electric, AFN, Parks Recreation, and Legal would
be involved in this project.
Costs
Staff estimates between $20,000 and $30,000 in consulting services to fully investigate the viability of
Tax Increment Financing.
2010 City Council Goals
Outline of Workplan, Timeline, Staffing and Budget for New and Revised Goals.
February 10, 2010
Page 2
New City Council Goal
Plan for low water year years by:
Implementing a public information and technical assistance campaign that encourages summer
time conservation.
Consider the options for a summer time surcharge to encourage efficient irrigation practices
prior to June 1, 2010.
Plan for Achieving Goal
There are two parts to this goal:
Public information and technical assistance:
Conservation staff will develop a public information packet that reduces water use for residential,
commercial, industrial and home owners associations for gardening and landscaping (choosing the
appropriate plants)
Staff will also provide technical advice to residents, businesses, and property owners including:
Evapotranspiration Controllers (smart controllers that tell how much water is needed based on
weather)
Grass mowing and drought tolerant plants
On -site technical assistance.
Summer Rates: Staff will provide the council with recommendations to apply a water use surcharge that
will encourage efficient irrigation practices. This will not take the place of a full rate study, which staff
anticipates at the end of the water master plan.
Timeline
Staff is currently working on this goal, given the concern about summer 2010.
Staffing
Staff believes a total of 300 total hours of staff time are needed to accomplish this goal. Conservation,
Public Works, Finance, Legal, and Administration staff will all be involved.
Cost
Producing new outreach materials is estimated to require approximately $5,000.
If Council desires a more complete rate analysis than currently anticipated by staff, Finance staff can
provide an estimate. A complete rate study will cost between $50,000 and $75,000.
2010 City Council Goals
Outline of Workplan, Timeline, Staffing and Budget for New and Revised Goals.
February 10, 2010
Page 3
Revised Council Goal:
Complete the sale of the Clay Street Property to Parks and Recreation and decide whether to
develop or sell the remaining land.
Plan for Achieving Goal
The Parks and Recreation Commission must make a formal decision about purchase of the 3.75 acres.
This will require staff and consulting work, and the Council will need to take several actions to execute
the transaction. Once the Parks and Recreation Department has made this decision, Council will have two
major options:
Develop the Property: If the Council decides to develop the remaining property, the City should issue
Request For Qualification (RFQ). The RFQ for the remaining 1.2 acres would include defining what
the City would like developed (rental, ownership, co -op, co- housing), what population/income group
the city would be targeting (60, 80, 120% AMI), what elements the City would like incorporated in
the development (such as green building components), and evaluation criteria.
Sell the Property outright. Council could choose simply to sell the property, which would require
following state law for disposition of public property.
Timeline
Sale of Property to Parks
Budget Authorization to purchase the Clay Street Property, including Bond Sale Summer 2010
Purchase/Transfer of Property. Fall 2010
Development of property/ Sale of Property
If Sale of property Begin Sept. 2010
Sale requires appraisal, listing or auction, disposition
process, etc,). Likely between 4 and 18 months
If Development
o Develop, approve, issue, and select with RFQ Five to Six Months
o Complete contract negotiation, transfer and permit process 12 to 18 Months
o Construction of project 12 to 18 months
Staffing
Planning staff /Housing Staff The property development option will require that at least .25 FTE will
be needed for local oversight and project management.
Other Staff time: A combination of Planning staff, Housing staff, and Legal Dept. staff will be needed
to implement various aspects of the individual activities.
Costs
Costs would be dependent upon which option is chosen, some expenses could be;
Survey Approx. $3,000
Appraisal $500.00- 750.00
Closing Costs- (Buyer responsibility?)
Real Estate Commission 0-5% of sale (dependant on method of disposition)
Site Clearance (developer or City responsibility)
2010 City Council Goals
Outline of Workplan, Timeline, Staffing and Budget for New and Revised Goals.
February 10, 2010
Page 4
Revised Council Goal:
Convene stakeholders working on issues related to homelessness to develop a plan for:
Replacing services previously provided by ICCA.
Developing an emergency shelter for minors.
Improving connections to services available in Jackson County to Ashland's homeless.
Ensuring Jackson County's 10 Year Plan addresses the specific issues faced in Ashland.
Plan for Achieving Goal
The steps anticipated in accomplishing these goals would include:
Work with local and regional providers of homeless services to better address the needs of the
homeless in Ashland. This will include non profits, the faith community, and other governments.
Gain public input on any plans for establishing a shelter /or services to homeless providers, especially
the mail, telephone, computer, shower, and laundry services previously provided by ICCA.
Identify potential providers and available for an emergency shelter for juveniles.
Should the Council wish to acquire or develop a shelter property, use of the Section 108 program to
leverage future CDBG funds in the amount of $1,000,000 could be pursued.
Refine priorities for City programs and funds to support the goal? (Social Service, Grant, CDBG set
aside, zoning for shelter
Timeline
Staff estimates that this will take 12 to 18 months, depending on whether the City is involved in
construction of a shelter, which may add another 12 to 18 months.
Staffing
Planning staff /Housing Staff.' The property development option will require that at least .25 FTE will
be needed for local oversight and project management.
Other Staff time: A combination of Planning staff, Housing staff, and Legal Dept. staff will be needed
to implement various aspects of the individual activities.
Costs
Miscellaneous consulting fees to develop elements of plan
Construction and operating revenues if needed
2010 City Council Goals
Outline of Workplan, Timeline, Staffing and Budget for New and Revised Goals.
February 10, 2010
Page 5
Revised Council Goal:
Advocate for the Tong -term viability of rail service to and through Ashland and encourage the use
of rail through land use, transportation, and economic development planning.
Plan for Achieving Goal
This goal has two parts:
Advocating for the long -term viability of rail service: Council and staff will continue to work with the
Congressional Delegation, local State Representatives, Governor's Office, Oregon Transportation
Commission, ODOT staff, RVMPO, Shippers, CORP and Southern Pacific to re -open the Black Butte
Rail Line.
Encourage the use of rail: This section of the goal will be incorporated into the Transportation System
Plan update as an essential multi -modal component of the plan. The TSP update will evaluate rail for
freight and commuter rail. The final TSP will identify appropriate rail/transit stops based on current and
future population densities, ensuring integration into the land use process.
Timeline
The first part of the goal will be on- going.
The second part of the goal will have the same timeline as the TSP.
Staffing
Staff anticipates spending about 150 hours of staff time to complete the goal over the next year.
Budget
No additional funds are needed to accomplish this goal. Funding is part of the Transportation System
Plan, estimated at a total of $416,000.
C I T Y O F
AS LAN D
Council Communication
Resolution Relating to the Distribution of Transient Occupancy Tax Revenue
and Repealing Resolution 2008 -35
Meeting Date: February 16, 2010 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E -Mail: tuneberl @ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Bennett? Estimated Time: 10 Minutes
Question:
Will the Council adopt a resolution allocating Transient Occupancy Tax (TOT) revenue for tourism
and non tourism purposes for FY 2010 -2011 and establishing criteria for the grant program?
Staff Recommendation:
Staff recommends Council pass the resolution updated for the discussion from the Council meeting on
February 2, 2010 with a revised TOT revenue estimate of $1,800,000
Background:
On February 2, 2010, Council made changes to the draft resolution allocating revenue for the coming
fiscal year. Since that time staff has updated the draft resolution and reviewed the TOT receipts for the
second quarter of FY 2010. After this review, Staff now estimates that FY 2011 TOT receipts will be
closer to 1.8 million, an increase of approximately $80,000.
The attached draft reflects the updated revenue projection, allocates actual dollar amounts rather than
percentages and recommends how the additional $80,000 be allocated. In short, Staff recommends
splitting the "unrestricted" additional funds between the small grant program ($15,000) and the
General Fund ($43,760.) For the funds restricted to tourism, Staff recommends "rounding up" the
small grant allocation to an even $55,000 (an increase of roughly $900), increasing the public art
allocation to ensure a full $3% goes to art per the code, and placing the balance into the "capital
projects" fund ($19,785.) There are two benefits to having the last category. They are:
1. Recognizing a reserve to put unspent amounts to meet tourism expenditure requirements.
2. A place to put/save less if actual revenue falls short thus removing or reducing negative
impacts on those who were granted specific amounts that year.
Staff knows Council may wish to change this allocation.
Please note that SECTION 4, Item d. still references a minimum grant amount of $2500. If smaller
amounts are to be allowed this limitation should be changed before approving the resolution.
Staff will include the final resolution and allocated amounts in the grant applications that will be
distributed by February 23
Page 1 of2
InIS
C I T Y O F
ASHLAND
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Potential Motions:
Council moves to approve the resolution as presented (as amended per discussion.
Attachments:
Draft Resolution
Page 2 of 2
In
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF MONIES FOR
ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL /MOTEL (Transient
Occupancy) TAX AND REPEALING RESOLUTION 2008 -35.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel /Motel Tax also known
as the Transient occupancy Tax (TOT).
SECTION 2.
The following are the goals which the Budget Committee is attempting to meet by
granting money to applicants for:
a) Tourism Promotion:
1. Attract someone who travels to Ashland from more than 50 miles away to attend
an event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
1. Promote increased number, variety and size of employers.
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to 100 people or is locally owned.
4. Encourage use of local resources.
5. Work with Southern Oregon University, especially for international commerce.
6. Encourage businesses that efficiently use resources and minimize their impact
on the environment such as water and air pollution or creation of toxic waste.
7. Promote businesses and institutions that encourage sustainability.
c) Cultural Development:
1. Increase the number, variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
3. Showcases local talent
4. Work with Southern Oregon University on cultural programs
d) Sustainability.
With a minimum of $12,500 granted, carry out the following types of projects: actual
work; training; conferences; grant writing; research; fund raisers; invention /development
in these categories, including, but not limited to, the examples listed:
1. Energy
2. Water
3. Forest
4. Science
Page 1 of 4
5. Appropriate technology
6. Gardening Agriculture
7. Economics
8. Ecology Applications
9. Community building
SECTION 3.
The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of
total Hotel /Motel tax revenues were expended on tourism promotion, as defined in
Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT
revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT
revenue generated by a higher tax rate is committed to tourism promotion.
Appropriations for tourism are based upon the following percentages established in FY
2009 -10 when the rate was increased from 7 -9
1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first
7% tax rate for tourism promotion per Chapter 818,
2. A minimum of 70% of the estimated TOT revenue to be generated by additional
tax rates approved by Council on June 3, 2008 for tourism promotion per
Chapter 818.
The annual allocation of total appropriations for tourism estimated for the ensuing
budget year is as follows unless specifically amended by Council:
Chamber of Commerce VCB $280,000
Oregon Shakespeare Festival $110,000
Economic and Cultural Development Grants Tourism $55,000
Public Art $14,375
Other City Capital Projects that qualify or Grants for FY 2012 $19,785
If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations
or if actual, qualifying expenditures in the year are less than the appropriated amount,
the additional or unused amount(s) will be reserved for future Tourism related projects
or Capital Improvements that qualify per the state definition as determined by Council.
The remaining estimated TOT revenue (not restricted b use) will be appropriated for
other uses through the budget process with the following priorities and dollar amounts
as minimums unless insufficient tax proceeds remain after meeting tourism
requirements:
1st Priority General Fund operations the greater of 70% of $1,043,760
Unrestricted funds or
2nd Priority City Economic Development program the greater of 10% $150,000
of Unrestricted funds or
3rd Priority City Grant program for FY 2011 $127,080
Page 2 of 4
Economic Development programs or other projects are City activities unless otherwise
specified by Council prior to the budget process. Council may determine that such
funds are available for Economic granting purposes and they will then be made
available for the coming budget process and allocation.
If insufficient TOT revenues are generated for the above allocations, the highest priority
uses will receive their full allocation before a lower priority allocation. Unrestricted TOT
revenue unspent in a budget year becomes part of the General Fund unrestricted
ending fund balance unless otherwise determined by City Council.
By January 31 of each year each recipient of a grant shall submit a report to the city
council setting forth how the grant funds received were expended in furtherance of the
goals set forth in Section 2.
SECTION 4. The following requirements are established for the Economic and Cultural
Development Grants:
a) Grantee shall be a 501(c) non profit agency.
b) Grantee shall be a non governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2,500.
e) The grant will benefit Ashland in terms of cultural enrichment and /or activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
services performed or provided within the City of Ashland or immediate areas.
g) All Grantees shall provide an annual report to be eligible for future funding.
SECTION 5. Resolution 2008 -35 is repealed upon passage of this resolution.
SECTION 6. This resolution was duly PASSED and ADOPTED this day
of 2010, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of 4
Attachment: Estimated dollar allocation for FY 2010 -2011 only.
Revenue:
Transient Occupancy Tax 1,800,000
Expense:
Non Tourism:
General Fund 1,043,760
Economic Development 150,000
Small Grants (minimum $12,500 for Sustainability) 127,080
Total Non Tourism 1,320,840
Tourism:
Chamber of Commerce VCB 280,000
OSF 110,000
Small Grantees 55,000
Public Art 14,375
Qualifying City Projects or FY 2012 Grants 19,785
Total Tourism 479,160
Total Economic and Cultural Development Funding 1,800,000
Page 4 of 4
CITY OF
AS LAN D
Council Communication
Reading of an ordinance Annexing property and Withdrawing an Annexed Area
from Jackson County Fire District No. 5 (Ron Rezek/Modern Fan, 615 Washington
Street Annexation PA #2009 00784)
Meeting Date: February 16, 2010 Primary Staff Contact: Derek Severson
Department: Community Development E -Mail: seversod@ashland.or.us
Secondary Dept.: Legal Secondary Contact: Richard Appicello
Approval: Martha Bennet /h Estimated Time: 10 minutes
Question:
Does Council approve second reading and adoption of an ordinance annexing 1.2 acres at 615
Washington Street and withdrawing the property from Jackson County Fire District No.5?
Staff Recommendation:
Staff recommends that the Council approve Second Reading and adoption of the ordinance.
Background:
On February 2, 2010, the Council approved first reading of this Ordinance without changes.
At the January 5, 2010 meeting, the Council approved the application for an Annexation and Zoning
Map Change from Jackson County RR -5 to City of Ashland E -1 zoning for a 1.2 -acre parcel located at
615 Washington Street. Council adoption of the findings for the decision, which completes the land
use ordinance portion of the annexation process, is on tonight's agenda as well. The applicant has
prepared and submitted the required boundary description of the property. The final step for the
Council in the annexation process is to approve the ordinance annexing the property and withdrawing
the area from the jurisdiction of Jackson County Fire District 5.
Related City Policies:
Comprehensive Plan Policy VII -1. The City shall zone and designate within the Plan Map sufficient
quantity of lands for commercial and industrial uses to provide for the employment needs of its
residents and a portion of rural residents consistent with the population projection for the urban area.
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:
Ordinance Annexing the Property and Withdrawing from the Fire District
Page 1 of 1
"A,
ORDINANCE NO.
AN ORDINANCE ANNEXING PROPERTY AND WITHDRAWING AN ANNEXED AREA
FROM JACKSON COUNTY FIRE DISTRICT NO.5
(Modern Fan Annexation 2009 00784)
Recitals:
A. The owner of the property described in the attached Exhibit "A" has consented
to the annexation of this property to the City of Ashland. There are no electors
residing in the tract to be annexed.
B. Pursuant to ORS 222.120 and ORS 222.524 a public hearing was held on
January 5, 2010, on the question of annexation as well as the question of
withdrawal of the property from Jackson County Fire District No. 5. The hearing
was held in the Council Chambers, Civic Center, 1175 East Main Street, Ashland,
Oregon,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The land described in the attached Exhibit "A" is declared to be annexed to
the City of Ashland.
SECTION 3. The land described in the attached Exhibit "A" is declared to be withdrawn
from Jackson County Fire District No 5, pursuant to the provisions of ORS 222.111.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 2 day of February 2010
and duly PASSED and ADOPTED this day of 2010
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Annexing Modern Fan 2009 -00784 Page 1
LAND SURVEYING, LLC
EXHIBIT "A"
LEGAL DESCRIPTION
RON REZEK ANNEXATION TRACT
ASSESSOR'S MAP NO. 39 1E 14 AC, Tax Lot 200
That tract of land described within Instrument No. 2008- 008136 of the Official Records of
Jackson County, Oregon, Tying situate within the Northeast Quarter of Section 14, Township 39
South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, more particularly
described and bounded as follows, to wit;
Commencing at an aluminum capped iron pin at the northeast corner of the Southwest Quarter of
the Northeast Quarter of Section 14, Township 39 South, Range 1 East, of the Willamette
Meridian in Jackson County, Oregon, as denoted on Survey No. 9668, on file in the office of the
Jackson County Surveyor; thence South 89 °44'33" West, along the northerly line of that tract of
land described within Volume 309, Page 375 and Volume 335, Page 321 of the Deed Records of
said County, a distance of 126.28 feet (Deed Record West) to a 5/8 inch iron pin along the
southwesterly right of way of Interstate Highway No. 5, described within Volume 509, Page 383
of said Deed Records, the POINT OF BEGINNING; thence continuing South 89 °44'33" West,
along said northerly line, 311.74 feet to a 5/8 inch iron pin at the northwest corner thereof; thence
South 00 °02'07" West, along the west line of said described tract, a distance of 130.00 feet (Deed
Record South 00° 17' West, 130.0 feet) to the southwest corner thereof, from which a 5/8 inch iron
pin bears South 89 °44'33" West, 0.58 feet thence North 89 °44'33" East, along the southerly line
of said described tract, adistance of 349.04 feet (Deed Record East) to a 5/8 inch iron pin along
said southwesterly right of way of interstate Highway No. 5; thence North 26 °39'55" East, along
said southeasterly line, a distance of 145.14 feet, to the POINT OF BEGINNING.
Containing 1.03 acres, more or less.
Shawn Kampmann
Professional Land Surveyor 51t4... -.1,4 fro
Polaris Land Surveying LLC
P.O. Box 459
Ashland, Oregon 97520
(541)482 -5009
Renewal Date: 6/30/11
Date: November 10, 2009
S: \surveys\560.09\Rack Annexation Legal.doc
P. 0. Vox 459, Ashland, Oregon 97520 Phone: (541) 402 -5009 ran: (541) 498.0797
Mobile, (541) 601 -3000 www.pol•rlaevrv•y.eom
7
CITY O F
A S HLAND
Council Communication
Approval of Ashland Forest Resiliency Supplement Project Agreement
Meeting Date: February 16, 2010 Primary Staff Contact: John Karns
Department: Ashland Fire and Re cue E -Mail: kamsj @ashland.or.us
Secondary Dept.: Administration Secondary Contact: Martha Bennett
Approval: Martha Bern Estimated Time: 20 min
Question:
Will the Council approve the Ashland Forest Resiliency Supplemental Project Agreement between the
USDA Forest Service, the City of Ashland, The Nature Conservancy, and Lomakatsi Restoration
Project?
Staff Recommendation:
Staff recommends approval of the Supplemental Project Agreement.
Background:
The Ashland Forest Resiliency Supplemental Project Agreement (SPA) further refines the Master
Stewardship Agreement approved by the Council on January 19, 2010 to implement hazardous fuels
reduction and restoration actions within and adjacent to the Ashland Watershed in accordance with the
Record of Decision (ROD) signed October 8, 2009 for the Ashland Forest Resiliency Project.
The SPA is tiered to the Master Stewardship Agreement and defines the components of the Ashland
Forest Resiliency Project. Included in the SPA is the Technical Proposal from each partner, the defined
area of the project, the general financial plan of the project, the schedule of tasks for the project, the
timber removal specifications, the guidelines for operations for the project, and the standard terms and
conditions for grant awards with ARRA funds.
The SPA defines the roles and responsibilities of each partner as well as the collaborative efforts
summarized in the Master Stewardship Agreement. Attached to this Council Communication is a
spreadsheet that outlines funds that will come to the City and the City's match commitment.
Related City Policies:
The Ashland City Council approved the Ashland Forest Resiliency Project Preferred Alternative in
October of 2008.
The Ashland Forest Resiliency Plan addresses two Council goals that were approved in June, 2009,
dealing with water quality and watershed sustainability.
The Ashland Forest Resiliency Project Master Stewardship Agreement was approved by Council on
January 19, 2010.
Council Options:
Approve or disapprove the Supplemental Agreement.
Page 1 of 2
"Ai
CITY O F
ASHLAND
Potential Motions:
Motion to approve the Supplemental Project Agreement.
Attachments:
Projected budget spreadsheets
Ashland Forest Resiliency Supplemental Project Agreement
Page 2 of 2
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0 USDA Forest Service OMB 0596 -0217
FS- 1500 -21A
FS Agreement No. [Al]
Cooperator Agreement No. [A2]
STEWARDSHIP AGREEMENT
SUPPLEMENTAL PROJECT AGREEMENT
#[A3]
Between the
TTHECITY OF ASHLAND
THE NATURE CONSERVANCY;
AND LOMAKATSI RESTORATION PROJECT[m]
and the
U.S. FOREST SERVICE,
ROGUE RWER- SISKIYOU NATIONAL FOREST
PACIFIC NORTHWEST REGION[A5J
Tiered to
MASTER
STEWARDSHIP AGREEMENT
#[A6
ASHLAND FOREST RESILIENCY STEWARDSHIP PROJECT[A7]
This Stewardship Supplemental Project Agreement (SPA) is hereby entered into by and between the
City of Ashland, The Nature Conservancy, and Lomakatsi Restoration Project[A6], hereinafter referred to
as the Partner, and the U.S. Forest Service, Rogue River-Siskiyou National Forest]AS], hereinafter
referred to as the Forest Service, as specified under the provisions of Master Stewardship Agreement
Background: The need for action for the Ashland Forest Resiliency Stewardship Project is the urgent
reduction of the potential for large- scale, high severity wildland fire in the Ashland Municipal
Watershed and surrounding areas. One hundred years of fire exclusion and fuel accumulations in this
forest's wildland/urban interface now presents high potential for large- scale, high- severity wildland fire
that could significantly interrupt the supply of clean water and late successional and old- growth forest
ecosystems in this Analysis Area. The purpose of the action is to protect values at risk (water quality,
late successional habitat, human life and property, and ecosystem sustainability), reduce hazardous
fuels, reduce crown fire potential, and create forest conditions that are more resilient to wildland fires.
The Ashland Forest Resiliency Stewardship Project will implement stand density reduction to create a
more fire- resilient landscape while maintaining a high level of structural heterogeneity across the
landscape. [All]
I. PURPOSE
The purpose of this SPA is to document the cooperative effort between the parties to implement
hazardous. fuels reduction and restoration actions within and adjacent to the Ashland Watershed in
accordance With Record of Decision (ROD) signed October 8, 2009 for the Ashland Forest
Resiliency project:
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This effort will be[ .12j in accordance with the following provisions and the hereby incorporated
Appendices.
Appendix A Definitions 1
Appendix B Technical Proposal
Appendix C Map of Stewardship Project Area
Appendix D Financial Plan
Appendix E Schedule of Items and Specifications
Appendix F Timber Removal Specifications
Appendix G Guidelines for Operations
II. THE PARTNER SHALL:
A. TECHNICAL PROPOSAL. In coordination with the Forest Service, prepare and submit for review
a Technical Proposal, which will be attached as Appendix B when finalized. This Technical
Proposal shall address agreed upon land management activities within in the Stewardship Project
Area displayed in Appendix C, for the proposed operating period. The Technical Proposal shall
abide by all laws and regulations pertaining to the management and protection of National Forest
System (NFS) lands and adhere to the National Environmental Policy Act (NEPA) document and
all mitigation identified therein. The Technical Proposal will be used to make an evaluation and
arrive at a determination as to whether the proposal will meet the requirements of the Forest
Service. Therefore, the Technical Proposal must present sufficient information to reflect a thorough
understanding of the requirements and a detailed description of the techniques, procedures, and
program for achieving the objectives of the specifications /statement of work. Technical Proposals
will be evaluated on the basis of the following criteria. As a minimum, the Technical Proposal
must clearly provide the following:
1. A plan of operations for both timber harvest and stewardship project work.
Include a timeline and the rationale for the work activities identified to ensure
activities will be completed by the expiration date of the SPA.
2. Quality control plan for both the harvesting and stewardship projects.
The approved Technical Proposal will become part of this SPA without necessity of a formal
modification.
B. BILLING. Bill the Forest Service for costs incurred on the project. See related Provision III E/F
Payment/Reimbursement
III. THE FOREST SERVICE SHALL:
A. SERVICE WORK. In coordination with the Partner, complete a Schedule of Items and
Specifications, Appendix E.
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B. TIMBER REMOVAL. Coordinate with the Partner to provide a completed Appendix F, Timber
Removal Specifications, when forest products are exchanged for services. This Appendix may
include:
1.) Location of Stewardship Project Area.
2.) Volume estimates and Utilization Standards.
3.) Timber Designations, i.e. timber marking, silvicultural prescriptions or unit
boundaries.
4.) Timber Payment rates.
5.) Stump height.
6.) Specified and temporary roads.
7.) Measurement instructions (scaled or pre- measurement).
8.) Advance payment requirements.
C. TECHNICAL PROPOSAL REVIEW. Review the Technical Proposal and work with the
Partner to make any necessary changes. See related Provision II -A.
D. TECHNICAL PROPOSAL EVALUATION. Evaluate the Technical Proposal �n technical and
cost;evaluation[Aiaj criteria, such as, but not limited to:
1. Surface Fuel Treatments
2. Prescribed Burning to Meet Resource Objectives
3. Density Management and Associated Removal of Commercial Material
4. Community Engagement, including Communication and Education
5. Multi -Party Monitoring
6. Technical Review of Activities and Quality Control
7. Marketing of Fuel Reduction and Restoration By- Products
8. Utilization and Training of Local Work Force
9. Capability and Past Performance (related to subcontractors)
E. PAYMENT/REIMBURSEMENT[At4j It is anticipated that funds will be exchanged in the
performance of this SPA when the value of the timber will not cover the value of the services
performed.
The Forest Service will make payment upon receipt of the Partner's monthly billings. Each
invoice from the Partner shall display the total project costs to date of the invoice, separated by
Forest Service and the Partner share. In -kind contributions shall be displayed as a separate line
item and will not be included in the total project costs. The final invoice from the Partner will
be submitted no later than 90 days from the expiration date.
The invoice shall include, at a minimum:
1. Partner name, address, and telephone number.
2. Forest Service SPA number.
3. Invoice date.
4. Dates of performance period.
5. Total invoice amount.
6. Detail by Schedule of Items.
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The invoice shall be sent to:[A1sj
US Forest Service
Albuquerque Service•Center
Payments Grants Agreements
101B Sun Ave NE
Albuquerque, NM 87109
E -mail: asc_ga @fs.fed.us
FAX: (877) 687 -4894
A copy of the invoice shall be sent to:
Don Boucher, Project Coordinator
Siskiyou Mountains Ranger District
Rogue River Siskiyou National Forest
645 Washington Street
Ashland, OR 97520
E -mail: dboucher @fs.fed.us
FAX: (541) 552 -2922
IV.IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
THAT:
A. PROJECT CONTACTS. The individuals listed below are authorized to act in their respective
areas for matters related to this SPA. In their absence, a designated official acting on their behalf
will be the authorized representative[Aiej.
Principal Partner Contacts :(Anj
JOHN KARNS MARTHA BENNETT
City of Ashland City of Ashland
455 Siskiyou Blvd 20 East Main Street
Ashland, OR 97520 Ashland, OR 97520
541- 482 -2770 541- 488 -6002
Fax: 541-488-5318 Fax: 541-488-5311
karnsj @ashland.or.us bennettm @ashland.or.us
Title /Role /Responsibility: Fire Chief, Ashland Fire Title /Role /Responsibility: Ashland City
and Rescue [A18] Administrator[A19]
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DARREN BORGIAS ERIC HUNTER
The Nature Conservancy The Nature Conservancy
33 South Central Ave, Suite 405 821 SE 14 Ave.
Medford, OR 97501 Port lans, OR 97202
541- 770 -7933 503- 802 -8173
Fax: 541-770-7941 Fax: 503-802-8199
dborgias @tnc.org ehunter @tnc.org
R Title /Role/Responsibility: [A21]
Title/Role/Responsibility: [A20]
MARKO BEY JUSTIN CULLUMBINE
Lomakatsi Resoration Project Lomakatsi Resoration Project
PO Box 3084 PO Box 3084
Ashland, OR 97520 Ashland, OR 97520
541- 488 -0208 541- 488 -0208
Fax: 541-488-4909 Fax: 541-488-4909
marko @lomakatsi.org justin @lomakatsi.org
I Title /Role /Responsibility: Program Director and
Administrative Contact for Lomakatsi Restoration
Title/Role /Responsibility: [A22
P
i
Principal Forest Service Contacts[A24]:
DON BOUCHER JILL ZAN
Siskiyou Mountains Ranger District Forest Service, Region 6, Agreements
Ashland Ranger Station Medford Interagency Office
645 Washington Street 3040 Biddle Road
Ashland, OR 97520 Medford, OR 97504
541 -552 -2913 541- 618 -2024
Fax: 541 -552 -2922 Fax: 541-618-2184
dboucher @fs.fed.us jzan@fs.fed.us
Title /Role /Responsibility: Project Coordinator[A25] Title /Role /Responsibility: Grants and Agreements
Specialist who advises Forest Service Staff on
agreement administration activities. [A26]
(7?
Siskiyou Mountains Ranger District
Ashland Ranger Station
645 Washington Street
Ashland, OR 97520
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541 552E
Fax: 541-552-2922
;F/iw `3092w @fs.fed.us
Title/Role/Responsibility: Contracting Officer
Representative who conducts Forest Service
administration of the agreement. Is responsible for
adherence to the agreement specifications.
B. ANNUAL SPA MEETING. Annually, prior to commencement of work, both parties will meet to discuss
the terms and conditons of this SPA.
C. ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) The parties will comply with the
Forest Service's EMS which is a systematic approach to improving environmental performance
by identifying activities and environmental impacts that occur on NFS lands. The Forest Service
will provide the Partner with details for compliance.
D. NEPA COMPLIANCE. The Forest Service will assure that this SPA incorporates necessary
design criteria and standards for operation to comply with the NEPA document. The Partner will
work with the Forest Service to comply with these terms on the ground.
E. ACCEPTANCE OF COMPLETED WORK. No less than monthly, the Partner will notify the
Forest Service of any completed work that is ready for inspection. The Forest Service may
accept all, or a reasonable portion of any specific activity.
F. CREDIT FOR SERVICE WORK. Stewardship credits will be established for the number of
service units (on the Schedule of Items) of each activity that has been completed and accepted by
the Forest Service. Stewardship credits will not be eamed for work that is in progress that has
not been accepted by the Forest Service. Partner costs, excluding project development costs,
attributable to service work will be incorporated into the Schedule of Items unit rate.
G. EARNED STEWARDSHIP CREDITS. Earned stewardship credits are exchanged for forest
products received by the Partner at the value designated in the SPA Financial Plan, Appendix D.
Earned stewardship credits may also be funded with federal funds which will be obligated and
reimbursed through IWEB.
H. ELECTRONIC TRACKING SYSTEM. An Integrated Resource Statement of Account (IRSA)
will be used as a tracking system for payments, stewardship credits, and cash deposits. The
Forest Service project contacts identified in Provision IV -A is responsible for communicating
on- the ground accomplishments to Forest Service resource staff for input into the IRSA
I. MONTHLY REPORTING. When the project is active, the Forest Service will enter the value of
the completed and accepted work into the Timber Sale Accounting system (TSA) monthly, and
provide the Partner with a copy of the Statement of Account.
J. 'OVERPAYMENT[A271. Any funds paid to the Partner in excess of the amount entitled under the
terms and conditions of this agreement constitute a debt to the federal government. The
following shall also be considered as a debt or debts owed by the Partner to the Forest Service:
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Any interest or other investment income earned on advances of agreement funds; or
Any royalties or other special classes of program income which, under the provisions of the
agreement, are required to be returned;
If this debt is not paid according to the terms of the bill for collection issued for the
overpayment, the Forest Service may reduce the debt by:
1. Making an administrative offset against other requests for reimbursement.
2. Withholding advance payments otherwise due to the Partner.
3. Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B).
Except as otherwise provided by law, the Forest Service may charge interest on an overdue
debt.
K. CHANGES TO ORIGINALLY NEGOTIATED PRODUCT RATE: The Partner will document
how much was paid for the product. If there is a change from the originally negotiated rate, the
SPA will be modified to increase or decrease the amount of services provided by the Partner,
accordingly.
L. MODIFICATION. Modifications within the scope of this SPA shall be made by mutual consent
of the parties, by the issuance of a written modification signed and dated by all properly
authorized, signatory officials, prior to any changes being performed. Requests for modification
should be made, in writing, at least 30 days prior to implementation of the requested change.
M. COMMENCEMENT/EXPIRATION DATE. This SPA is executed as of the date of the la
ast
signature and is effective through September 30, 2015[A2a] at which time it will expire, unless
extended by an executed modification, signed and dated by all properly authorized, signatory
officials.
V. !AUTHORIZATIONS[A2s]
The disposal of forest products under this SPA has been reviewed and approved by a delegated timber
contracting officer.
[A3o]
MIKE RONEY[A3t] Date
Timber Contracting Officer
The authority and format of this SPA has been reviewed and approved for signature
[A32]
JILL ZAN Date
U.S. Forest Grants and Agreements Specialist
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In witness whereof, the parties have executed this SPA as of the last date written below.
MARTHA BENNET[A33]T, City Administrator[A34] Date
City of Ashland[A35] C [A36]
RUSSELL HOEFLICH, Oregon Director Date
The Nature Conservancy4A37] [A38]
JUSTIN COLLUMBINE, Director Date
Loamakatsi Restoration Project [A39)
SCOTT D. CONROY[A4o], Forest Supervisor[A41] Date
Rogue River Siskiyou National Forest j [A42][A43][A44]
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it
displays a valid OMB control number. The valid OMB control number for this information collection is 0596 -0217. The time required to complete this information collection is
estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's
income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of
program information (Braille, large print, audlotape, etc.) should contact USDA's TARGET Center at 202 720 -2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250 -9410 or call toll free (866) 632-
9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877 -8339 (TDD) or (866) 377 -8642 (relay voice). USDA is an equal opportunity
provider and employer.
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APPENDIX A
DEFINITIONS
Base Rates. The rate of payment in cash, per unit of measure, to cover the essential reforestation costs.
Stewardship credits may not be used as payment for base rates.
Technical and Cost Evaluation. The evaluation used by the Forest Service to award projects. Such consideration
shall primarily consider criteria other than cost. These non -price criteria include, but are not limited to, extent of
mutual cooperation and benefits, past performance, experience, technical approach, and benefits to the local
community.
Included Timber. Live and dead trees and portions thereof that meet utilization standards as specified in
Appendix F. To meet minimum tree specifications, trees must equal or exceed tree diameters listed in Appendix
F and contain at least one minimum piece. The Partner shall fell and buck such trees and shall remove them from
the designated area by the Forest Service and present for scaling all pieces that meet minimum piece standards or
would have qualified as part of minimum pieces if bucking lengths were varied to include such material.
Integrated Resource Service Account. The account maintained by the Forest Service of all the Partner's deposits,
credits, payment guarantees, and charges for:
a. Timber at Timber Payment rates;
b. Brush disposal, road maintenance, and agreement scaling rates;
c. Stewardship Credits established; and
d. Other charges provided in this agreement.
Liability for lost value to Included Timber. The party holding title shall bear the timber value loss resulting from
damage outlined in Appendix F.
Payment Guarantee. In lieu of establishing Stewardship Credits or establishing advanced deposits, Appendix F,
for advance payment of Included Timber, the Partner may guarantee payment by furnishing and maintaining an
acceptable surety bond or deposit in a Federal Depository negotiable security of the United States. The securities
shall be deposited through the Regional Fiscal Agent accompanied by a power of attorney and agreement
authorizing the bond approving officer to sell or collect such securities if payment is not made within 30 days of
billing by the Forest Service. The penal sum of such surety bond or market value at time of deposit of such
negotiable securities shall be the maximum amount of the payment guaranteed. In lieu of surety bond or
negotiable securities as a payment guarantee, the Partner may use an Irrevocable Letter of Credit when approved
by the Forest Service.
Required Deposits. Deposits the Partner may be required to pay for brush disposal (16 U.S.C. 490) and road
maintenance (16 U.S.C. 537), erosion control, etc.
Retained Receipts. The portion of residual receipts that is deposited in SSCC and retained for transfer to
other stewardship contracts or stewardship agreements when approved in advance by the Regional
Forester in accordance with sections FSH 2409.19, sections 67.1 and 67.3.
Stewardship Credits. Credits that are earned and established when work listed in the schedule of items has been
performed and accepted.
Stewardship Project Proposal. A written request submitted by Forest and Grassland Supervisors to the Regional
Forester for review and approval for proposed stewardship projects. The request for approval must include
appropriate information about the proposed project, such as land management goals of the project, the total value
of the project, products to be removed, the value of services to be received, the value of goods to be exchanged for
services, contributed funds or work to be received, and expected residual receipts from the project.
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After reviewing a proposed project, the Regional Forester shall approve or disapprove the project through a
formal written reply in correspondence to the Forest or Grassland Supervisor. Only the projects and associated
work activities approved by the Regional Forester with completed NEPA analysis are to be included in the SPA.
Timber Payment Rates. Included timber that is removed by the Partner and presented for weight scaling in the
product form stated in Appendix F shall be given cash or earned stewardship credits for at the rates listed in
Appendix F.
Weight Scaling. The rate identified in Appendix F multiplied by the volume per unit of measure (tons) of a
loaded truck driven over a weight scale as defined in the National Bureau of Standards Handbook 44, current
edition.
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APPENDIX B
TECHNICAL PROJECT PROPOSAL
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Technical Proposal For Ashland Forest Resiliency Stewardship
Supplemental Project Agreement (SPA) #XXXXXXXX
Tiered to Master Stewardship Agreement
Ashland Forest Resiliency Project
#XXXXXX
Partners:
City of Ashland
Lomakatsi Restoration Project
The Nature Conservancy
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A. Introduction and Executive Summary
The Supplemental Project Agreement is tiered to the Master Stewardship Agreement between the U.S.
Forest Service and partners The Nature Conservancy, Lomakatsi Restoration Project, and the City of
Ashland. It is our collective belief that this partnership is complimentary and collaborative, and will
result in an exceptional implementation of values expressed in the community's Wildfire Protection Plan
of 2004, which composes the bulk of the project Preferred Alternative described in the Ashland Forest
Resiliency Final Environmental Impact Statement (2008). This plan represents an ecologically sensitive
approach that minimizes environmental impacts in this municipal watershed while restoring resilient
conditions and appropriate processes on dry forest sites. The breadth of experience in this partnership
will also facilitate community engagement, multi -party ecological monitoring and local workforce
training— non traditional elements of forest management that are nonetheless equally important to the
AFR project given the enhanced social and political attention in the Ashland Watershed. The partnership
intends this project to serve as a national example of how a community can meaningfully participate in a
successful forest restoration and watershed protection project on federal lands.
B. Project Partner Roles and Responsibilities
For the purposes of this Supplemental Project Agreement, the City of Ashland, Lomakatsi Restoration
Project, the U.S. Forest Service and The Nature Conservancy will share many responsibilities while
deferring to organizational leads in specific areas of work in order to faithfully implement the project as
described in the Record of Decision and Final Environmental Impact Statement. Partners will
collaborate and share various responsibilities with specific roles and leadership responsibility assigned
based on each Partner's expertise, past involvement and interest. Roles are subject to annual review.
All Partners will participate in the following:
Technical review of project data, design and all aspects of implementation including contract
design, prescriptions, tree marking guidance, tree marking and logistics
Development and implementation of the community engagement plan
Development and implementation of the Multi -Party Monitoring Plan including technical
support and fundraising
Coordination of project communications with the public
Specific Partner roles are described below:
U.S. Forest Service
Maintain overall decision making authority on National Forest System lands, including
consistency review of implementation against the Record of Decision
Lead project design and development of the implementation plan (elements of the
implementation plan include as a minimum: unit layout /design, prescriptions, marking guidance,
unit prioritization and scheduling, mitigation measures)
Lead unit layout and tree measurement, and certify unit prescriptions
Provide oversight by key resource specialists (wildlife, fish, soils, botany, fire and fuels,
hydrology, heritage)
Administer stewardship agreement and other service (or timber sale) contracts as planned
Implement specific on the ground projects
Prepare prescribed fire burn plans and provide operational oversight (i.e. burn boss)
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City of Ashland
Lead development and implementation of the community engagement plan
Convene and lead community meetings and field trips to gather input and disseminate results of
technical review and project progress and results
Technical lead for contract oversight and administration of helicopter operations
Lead development of prescriptions for density management and tree marking guidance
Assist with implementation of Forest Service prepared bum plans
Maintain and regularly update the project website (ashlandwatershed.org)
The Nature Conservancy
Coordinate technical review and oversight of project design and all aspects of implementation
with input from other Partners and conduct analysis as needed to inform the review
Oversee the development and implementation of the Multi -Party Monitoring Plan, including data
collection protocols, coordination with stakeholders, and science delivery
Serve as lead fiscal organization for the Master Stewardship Agreement and Supplemental
Project Agreement
Lomakatsi Restoration Project
Contract oversight and administration of all aspects related to on the ground implementation of
understory and surface fuel ground -based operations, including participating with City of
Ashland for operations related to helicopter operations
Lead development of prescriptions for surface and ladder fuel treatments
Lead for tree marking
Workforce training and contractor development, recruitment, and staffing
Market fuel reduction and restoration by- products
C. Technical Approach
1. Operational Plan for Stewardship Supplemental Agreement
a. Operational Approach and Staging
Overview: The operational approach to implementation of the AFR project encompasses
the organization wherein partners will accomplish the work as outlined as well as the
chronological staging of operations to best implement ecological and social objectives in a
sound economic environment. "Operations" are defined as any aspect of the project that the
partners are engaged in, including:
Marking and Layout
Surface and Ladder Fuel Management
Controlled Underburning
Density Management
Community Engagement
Multi -party Monitoring
Each operational category is governed by a Plan or guidance that defines the goals,
methods, and /or outcomes. Although partners have been assigned as leads in operational
categories, all partners have the opportunity to review proposed plans and actions during
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Technical Review opportunities -and more informally during plan development.
Operational "flow" is described in figure 1 below.
Figure 1. Partnership Lead Roles and Operational Flow
Ashland For Resat ency
FS TNC FSANP 1,2 S teW aNli Ip wDJect a‘ f
Lead Roles .i
FS Forest Service
It co A be TNC -The Nature Conservancy
Public COA City of Ashland
p IMP tomakatsi Restoration Project
LAP TNC LA
nn eazMddm al f omen r°'7._.:
[OA. non; re4 Ides
NLL bo th te
monitoring
.0
re
FS T FS/LR'. {fir.
N20 ms
PonilN MKWw.�e...m i i Qe
Management
•7>Ci t ..b operations
Noma: F Service wlllre certify plum IA Pfar -••t •based operations
1/20/2010 Prescrupbons for de Icy management includnmar king guidelines
b. Surface and Ladder Fuels approaches but not too technical on all items. Ref leave piles,
wildlife areas, soil cover any detail from FEIS/ROD.
c. Density Management
1. Prescriptions Overview
2. Marking
3. Cruising
d. Prescribed Underburning
e. Multi -party Monitoring— General and ref Plan.
D. Financial Organization and Function
1. Financial Organization and Responsibility
a. Partners financial obligations timelines, budgeting, etc..
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b. Operational agreements
E. Contractor and Workforce Training
F. Community Outreach
a. Establish need and reference CE plan
Attachments:
Multi -party monitoring plan draft
Community Engagement Plan draft
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APPENDIX C
MAP OF STEWARDSHIP PROJECT AREA
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APPENDIX D
FINANCIAL PLAN
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APPENDIX E
SCHEDULE OF ITEMS
AND
SPECIFICATIONS
Schedule of Items
(Complete table to include the project items.)
SCHEDULE OF ITEMS:
Item L �s a f IOW AN N �a V�;: Mafia k, „;;tl`r 'tTotal
Numberi,� r3 m ,Descript �n _,,,,tea¢ ILL•nglEINMLNit Oleasurtr i5QuantityA miPnceillv Imcamii_,$ 1
1 Density Management, including tree
felling, yarding, and removal Acre 702 52,095.00 51,470,690.00
Surface fuel treatment, including small
2 diameter tree thinning and hazardous
fuel reduction and disposal Acre 867 $2,325.00 52,015,775.00
3 Prescribed burning Acre 945 5400.00 $378,000.00
4 Activity fuel reduction and disposal Acre 127 $300.00 538,100.00
5 Pruning of live and dead limbs Acre 979 5100.00 597,900.00
6 Marking of trees within density
management treatment areas Acre 702 594.00 565,988.00
Road 2060 roadside surface fuel
7 treatment, including small diameter
tree thinning and hazardous fuel
disposal Acre 55 $1,200.00 $66,000.00
8
9
10
SPECIFICATIONS. [By item number, describe the type of work, i.e., slash treatment, weed treatments, etc.
and the corresponding specijiications.J:
Item 1.0 Density Management, including tree felling, yarding, and removal
Density management involves the selective cutting of some'trees within a stand to allow for growth in
the crowns and root systems of the remaining trees. Methods are designed to treat stands in a way that
mimics past or other desired conditions that improve forest health and reduce fire hazards. To achieve
the desired density, cutting or removal would begin with the smallest diameter trees and move up in size
class until the desired objective is met. All diameter and age classes are available for treatment based on
a description of desired conditions.
Item 2.0 Surface Fuel Treatments, including small diameter tree thinning and hazardous fuel
reduction and disposal.
Surface fuels include removal or rearrangement of dead and down wood on the forest floor and
understory vegetation (generally shrubs and small trees). Removal of ladder fuels is included in this
category. The objective of this treatment is to reduce the intensity of surface fires and minimize the
potential for a crown fire to be initiated.
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Item 3.0 Prescribed Burning
Prescribed burning involves the controlled application of fire to understory vegetation and coarse woody
material. This would occur when fuel moisture, soil moisture, and weather and atmospheric conditions
allow for the fire to be confined to a predetermined area and intensity to achieve the planned resource
objectives.
Item 4.0 Activity Fuel Reduction and Disposal
In all areas where surface fuels are not otherwise treated, activity created fuels (primarily density
management units) would be treated with a combination of hand piling, underbuming, or swamper
burning or other method that reduces the fuel loading. The target condition is generally less than 3 -5
tons /acre of surface fuels following treatment.
Item 5.0 Pruning of Live and Dead Limbs
The objective of this treatment is to eliminate ladder fuels by cutting live and dead branches from larger
trees to specified heights above the ground or surface fuels. This is typically accomplished with chain
saws or long handled pole saws. Under this treatment, the crown base height would be raised by
pruning to 20 -25 feet in all trees greater than 40 feet tall.
Item 6.0 Marking of Trees within Density Management Treatment Areas
Within the density management units, trees will be marked by the contractor prior to cutting to
subsequently enable the Forest Service to approve the marking prior to harvest operations.
Item 7.0 Road 2060 Roadside Surface Fuel Treatment, including small diameter tree thinning
and hazardous fuel disposal
The roadside treatments are designed along portions of Forest Road 2060. These treatments would
extend approximately 250 feet below and 50 -75 feet above the side of the road spanning the distances
between other treated areas.
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APPENDIX F
Timber Removal Specifications
F.1 Location and Area
This Stewardship [insert acres more or less are located [insert exact location of project, i.e., township,
Project Area of: number of in: range, section]
acres]
F.2 Volume Estimate and Utilization Standards.
Minimum Specifications
Merchantable Tree Piece Res uired to be Removed
Diameter Diameter
Breast Number Inside Net
High of Bark at Merch.
(d.b.h.) Minimum Length Small End Factor
Estimated Unit of Pieces 1/
Species Product Quantity Measure (inches) per Tree (feet) (inches)
x
Total Quantit n1 j
„7
1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in of Gross Scale, whichever is appropriate.
F.3- High Stumps.
Maximum Stump Height
Species Product (inches)
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F.4- Timber Rates. (Scaled)
Required
Cutting Rate of Deposit per
Unit Approx. Unit of Payment unit of
Number Acres Species Product Quantity Measure $/UOM measure
F.5 Timber Rates. (Tree Measurement)
Payment Required
Unit Approx. Unit of Total Deposit per
Number Acres Species Product Quantity Measure Payment Payment Unit
N/A N/A N/A N/A 1 N/A N/A 1 N/A N/A
1
F.6 Timber Designations. Timber designated for cutting shall be confined to the Stewarship Project Area. No
undesignated timber shall be cut without prior notification to and approval of the Forest Service.
Prescriptions /timber designations are included later in this subsection.
Number Acres
Clearcutting Units
Specified Road Clearing
Overstory Removal Units
Understory Removal Units
Individual Trees
Incompletely Marked Timber y;- t 702
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F.7 Cutting Unit Boundary Designation. The boundaries of cutting units are designated as shown in the
following table. The trees used for boundary designation are not to be cut.
Cutting Unit Paint Color Designation
All Orange Orange Stump Mark and Orange Band at DBH and
Boundary Tags and Blue Ribbon
F.8 Tree Designation/Prescriptions.
F_9- Control of Operations[A45]_
F.10 Roads. The Partner is authorized to construct and maintain roads, bridges, and other transportation
facilities, as needed for conducting treatments on National Forest and other lands where Forest Service has such
authority. As used in this Supplemental Project Agreement, "construct" includes "reconstruct."
F.10 -a— Specified Roads.
Name and Date of Governing Road Specifications:
Approx. Sheet Numbers Performance Responsibility
Project Design Length and Const.
Road No. Name Class (mi./km.) Approval Date Survey Design Staking
F.10 -b Road Maintenance Requirements. The Partner shall maintain roads in accordance with the following
Road Maintenance Requirements
Road Maintenance Requirements Summary
Termini Applicable Prehaul Road Maintenance Specifications
Road From To Miles
P Partner Performance Item, D Deposit to Forest Service, D3 Deposit to Third Party
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F.10 Use of Roads By the Partner. The Partner's use of existing roads identified on Stewardship
Project Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed
to otherwise:
Code Use Limitations
X Hauling prohibited
R Hauling restricted
U Unsuitable for hauling prior to completion of agreed reconstruction
P Use prohibited
A Public use restriction
W Regulation waiver
Roads coded A will be signed by the Forest Service to inform the public of use restrictions. The Partner's use of
roads coded R, A, or W shall be in accordance with the following restrictions:
Restricted Road List
Road Termini Map Description of
Number Road Name From To Legend Restrictions
F.11— Scaling Instructions and Specifications.
Name and Date of Governing Instructions: FSH 2409.11a, National Forest Cubic Log Scaling Handbook, as
amended and supplemented. Governing instructions for products
contained in E.2.
F.12— Scaling Services,
Standard
Estimated
Unit of Cost per Unit
Species Product Measure Site and Geographic Location Method
F.13 Advance Deposits: The Partner agrees to make advanced deposits in advance of cutting. These deposits
may be in the form of cash, acceptable payment bond, earned stewardship credit or any combination thereof.
Advanced deposits will be in such amounts as to maintain an unobligated balance sufficient enough to cover the
value of timber to be cut. Forest Service and Partner will agree on a systematic approach to provide sufficient
advanced deposits.
If the credit balance in the IRSA is less than the amount due for timber, the Forest Service will suspend all or any
part of the Partner's operations until payment or acceptable payment guarantee is received.
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F.14- Title Passage.
Scaled: All right, title, and interest in and to any included timber shall remain with the Forest Service until it has
been cut, scaled, and removed from the Stewardship Project Area or other authorized cutting area, and paid for, at
which time title shall then vest with the Partner. Timber cut under cash deposit or acceptable payment guarantee
shall be considered to have been paid for. Title to any included timber that has been cut, scaled and paid for, but
not removed from the Stewardship Project Area or other authorized cutting area by the Partner on or prior to the
termination date, shall remain with the Forest Service.
Tree Measurement. All right, title, and interest in and to any included timber shall remain with the Forest Service
until it has been measured, paid for, and removed from the Stewardship Stewardship Project Area or other
authorized cutting area, at which time title shall then vest with the Partner. Timber cut under cash deposit or
acceptable payment guarantee shall be considered to have been paid for. Title to any included timber that has
been measured and paid for, but not removed from the Stewardship Project Area or other authorized cutting area
by the Partner on or prior to the termination date, shall remain with the Forest Service.
F.15— Liability.
Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes
the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title
shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal
of timber from the Stewardship Project Area, but before scaling, shall be borne by the Partner at current SPA
Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event.
In the event Included Timber to which Forest Service holds title is destroyed, the Partner will not be obligated to
remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, the
Forest Service shall make an appraisal to determine for each species the difference between the appraised unit
value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss.
Current SPA Rates in effect at the time of the value loss shall be adjusted by differences to become the
redetermined rates. There shall be no obligation for the Forest Service to supply, or for the Partner to accept and
pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either
party of liability for negligence.
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APPENDIX G
GUIDELINES FOR OPERATIONS
The following Guidelines for Operations apply to activities under this SPA, when relevant to the project.
These guidelines are intended to clarify the expectations of the parties related to these specific areas of
operations.
1. Stewardship Project Area Map (Map). This is the boundary of the Stewardship Project Area as
shown in Appendix B and designated on the ground by the Forest Service to meet the anticipated
needs of the parties. The following are identified on the Map:
a) Identified patented claims.
b) Boundaries of all harvest and stewardship treatment units.
c) Diameter limits for overstory and understory removal units.
d) Areas where leave trees are marked to be left uncut.
e) Specified roads.
f) Sources of base course, surface rock, and rock riprap listed in the Schedule of Items;
g) Roads where log hauling or use is prohibited or restricted.
h) Roads and trails to be kept open.
i) Improvements to be protected.
j) Locations of known wildlife or plant habitat and cave resources to be protected.
k) Locations of areas known to be infested with specific invasive species of concern.
1) Maximum stump heights when more than one height is listed by areas.
m) Skidding or yarding methods.
n) Streamcourses to be protected.
o) Locations of meadows requiring protection.
p) Locations of wetlands requiring protection.
q) Locations of temporary roads to be kept open.
r) Payment units, if required
2. Use of Roads by the Partner. The Partner is authorized to use existing National Forest system
roads and specified roads. The Parties will determine that such use will not cause damage to the
roads or National Forest resources.
3. Plan of Operations for Roads. Annually, prior to start of operations, the Partner will prepare a
supplement to the Technical Proposal that shall include a schedule of proposed maintenance and
construction progress and a description of planned measures to be taken to provide erosion control
for work in progress, including special measures to be taken on any segments of construction not
substantially completed prior to periods of seasonal precipitation or runoff. The Partner shall submit
a revised schedule when they propose a significant deviation from the progress schedule. Prior to
beginning construction on any portion of specified roads identified as sensitive on plans, the parties
shall agree on the proposed method of construction and maintenance.
4. Protection of Residual Trees. The Partner's operations shall not unnecessarily damage young
growth or other trees to be reserved.
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5. Safety. The Partner's operations shall facilitate the Forest Service's safe and practical inspection of
the Partner's operations and conduct of other official duties on the Stewardship Project Area. The
Partner has all responsibility for compliance with safety requirements for the Partner's employees.
When operations are in progress adjacent or on Forest Service controlled roads and trails open to
public travel, the Partner shall furnish, install, and maintain all temporary traffic controls that
provide the user with adequate warming of hazardous or potentially hazardous conditions associated
with operations occurring in the area. The parties shall agree to a specific traffic control plan prior
to commencement of work. Devices shall be appropriate to current conditions and shall be covered
or removed when not needed.
During periods of general recreation activity within Stewardship Project Area or vicinity, the Forest
Service may restrict road construction, timber cutting, yarding, and other harvesting operations to
days other than Saturdays, Sundays, and holidays.
LOGGING AND MAINTENANCE OPERATIONS SIGNING STANDARDS
All signs must be manufactured installed as specified in the FHWA "Manual on Uniform Traffic
Control Devices" (MUTCD) FS publication "Standards for Forest Service Signs Posters EM
7100 -15).
SIGN STANDARDS
SHAPE COLOR: Generally, signs for logging and maintenance operations are either diamond shaped
or rectangular. All signs are reflective orange background with black legend and border unless shown
otherwise. Handpainted, homemade signs are not legal. Fluorescent paint is not reflectorized.
SUBSTRATE: Sign substrate material may be High Density Overlay (HDO) Plywood, Aluminum,
Fiberglass Reinforced Plastic, Corrugated Plastic or Roll -up Fabrics.
SIGN SIZE: Sign size is a factor of speed and MUTCD FS standards. Where conditions of speed,
volume, or special hazard require greater visibility or emphasis, larger signs should be used. Minimum
sizes for the most common signs can be found in Figure 4. Refer to the EM- 7100 -15 for additional sign
sizes.
LEGEND: All lettering shall be Series "C" alphabet, conforming to Standard Alphabets for Highway
Signs. Letter size is also a function of speed use letter size and word messages as specified in MUTCD
and EM- 7100 -15.
SIGN PLACEMENT
Signs are to be installed in locations as agreed to in the traffic control plan. All signs are to be removed,
covered, or folded when operations are not in progress or the sign message is not applicable. Signs
should generally be located on the right -hand side of the roadway. When special emphasis is needed,
signs may be placed on both the left and right sides of the road. Sign message shall be clearly visible to
road users, mounted on posts or portable sign stands.
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HEAVY
LATERAL CLEARANCE TRUCK
TRAFFIC
From the edge of the road 2 foot minimum, where
slope limits to less than 6 feet. 6 -12 foot preferred.
500 Y
HEIGHT 1 6' 12' FEET
Minimum of 7 feet, a A
measured from the bottom of the sign to the (z minimum where slope limits 'Y
to less than 6') Z
near edge of the travelway. The height to the g 1
bottom of a supplemental sign mounted below a en
the primary sign will be 6 feet.
wi
Figure 1: Sign Placement Dimensions
Postal or Daelaraion to listed adsisorY specd
85 percentile MPH
speed MPH
PLACEMENT DISTANCE IU 20 30 40 50
Signs must be located 100 -500 feet prior to the activity, 70
100
(both ends if a through road) and maintained at that distance. ;s ;50 �00
This distance is based on speed. Refer to Figure 2 Table 11 -1, 275 350 175
+5 550 5W 250
MUTCD, a portion of which is reproduced here, to determine Sp :5 +00 525 E :5
55 500 +75 +00
correct placement distance. 60 575 550 500 4W +W
65 650 625 575 5W 375 J75
Figure 2: A Portion of MUTCD TABLE 11 -1
SIGN SUPPORTS
POSTS: Signs are to be mounted on separate posts. Supplemental signs such as Speed Advisory plates are to be
mounted on the same post as the primary sign. Do not mount signs on trees or other signs. Posts may be wood,
metal, carsonite or similar material. Where sign supports cannot be sufficiently offset from the road edge,
supports will meet breakaway standards. Single wood posts with less than 24 square inches do not require
breakaway design.
TEMPORARY/PORTABLE SUPPORTS: Portable supports may be used for short-term, short- duration, and
mobile conditions. MUTCD defines this time period as one work shift, 12 hours or less. All portable supports
must meet MUTCD standards, including breakaway. These must be a minimum of 1 foot above the road surface
or more if visibility requires it.
ty 4
r rT t%°,111..":,- T+ Y. iti g
a d
v
II t l G p
.a o l� F .jj ®5 a.. l
Figure 3: Examples of Temporary/Portable Supports
SIGNS
The following signs meet the intent of the Safety standard. This is not a complete listing of signs that may be
needed.
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ROAD rr LOGGING END END
CONSTRUCTION
II END OPERATIONS LOGGING BLASTING
NEXT 5 MILES I CONSTRUCTION I NEXT 5 MILES OPERATIONS ZONE
FG20 -1-48 FG20 -2-48 FG20 -3-42* FG20 -3a -42 FW22 -3 -30
ROAD LOGGING LOG BLASTING
ONSTRUCTION; MACHINERY OPERATIONS TRUCKS ZONE
500 FEET 500 FEET 7000 FT
FW20 -1 -30* W21 -3 -30* FW21 -4a -30 FW11 -7 -24 W22 -1 -36*
TRUCK
HEAVY
`,CROSSING.' TRAFFC NEXT 35 500
7 MILES M.P.H. FEET
FW8 -6 -24 FW11 -9a -24 W7- 3a -24* W13- 1 -18 W20- 7aP -24*
Specify Distance Specify Speed
er
Air
1 XX
BM -L -O BM -R -O
Barricade Markers (See MUTCD for length and stripe size)
6. Safety (Timber Hauling). The Partner shall secure all products transported by truck with at least
two chain or cable wrappers over the load, such wrappers being securely fastened to effectively
contain every bolt or log in at least two places.
7. Accident and Injury Notification. The Partner shall notify Forest Service of any lost time personal
injury accident or any accident or vandalism resulting in personal property damage over $400 in
value that occurs as a result of or is associated with the Partner's Operations.
The Partner shall notify Forest Service within 8 hours of any personal injury accident. For
vandalism and personal property accidents, the Partner shall notify Forest Service at the same time
notification is given to the state and local law enforcement authorities.
The Partner shall take all reasonable measures after an accident or vandalism event to preserve the
scene of the incident and provide information to facilitate a Forest Service investigation.
8. Sanitation and Servicing. The Partner shall take all reasonable precautions to prevent pollution of
air, soil, and water by the Partner's operations. Precautions shall include if facilities for employees
are established on the Stewardship Project Area, they shall be operated in a sanitary manner. The
parties shall agree to the cleanup and restoration of a polluted site. The Partner shall maintain all
equipment operating on Stewardship Project Area in good repair and free of abnormal leakage of
lubricants, fuel, coolants, and hydraulic fluid. The Partner shall not service tractors, trucks, or other
equipment on National Forest lands where servicing is likely to result in pollution to soil or water.
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The Partner shall furnish oil- absorbing mats for use under all stationary equipment or equipment
being serviced to prevent leaking or spilled petroleum -based products from contaminating soil and
water resources. the Partner shall remove from National Forest lands all contaminated soil,
vegetation, debris, vehicle oil filters (drained of free flowing oil), batteries, oily rags, and waste oil
resulting from use, servicing, repair, or abandonment of equipment.
9. Prevention of Oil Spills. If the Partner maintains storage facilities for oil or oil products on the
Stewardship Project Area, the Partner shall take appropriate preventive measures to ensure that any
spill of such oil or oil products does not enter any stream or other waters of the United States or any
of the individual States. If the total oil or oil products storage exceeds 1,320 gallons in containers of
55 gallons or greater, the Partner shall prepare a Spill Prevention Control and Countermeasures Plan.
Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a
registered professional engineer. The Partner shall notify the Forest Service and appropriate
agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of the
Stewardship Project Area that are caused by the Partner's employees, agents, contractors or-their
employees or agents, directly or indirectly, as a result of the Partner's operations. The Partner will
take whatever initial action may be safely accomplished to contain all spills.
10. Hazardous Substances. The Partner shall notify the National Response Center and Forest Service
principal contact of all releases of reportable quantities of hazardous substances on or in the vicinity
of the Stewardship Project Area that are caused by the Partner's employees, agents, contractors or
their employees or agents, directly or indirectly, as a result of the Partner's operations, in accordance
with 40 CFR 302.
11. Washing Equipment. In order to prevent the spread of noxious weeds into the Stewardship Project
Area, the Partner shall be required to clean all off -road logging and construction equipment prior to
entry on to the Stewardship Project Area. This cleaning shall remove all soil, plant parts, seeds,
vegetative matter, or other debris that could contain or hold seeds. Only logging and construction
equipment so cleaned and inspected by the the Partner will be allowed to operate within the
Stewardship Project Area. All subsequent move -ins of equipment to the Stewardship Project Area
shall be treated in the same manner as the initial move in. "Off -road equipment" includes all logging
and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup
trucks, cars, and similar vehicles.
The Partner shall employ whatever cleaning methods are necessary to ensure that off -road
equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such
debris when a visual inspection does not disclose such material. Disassembly of equipment
components or specialized inspection tools is not required.
As agreed upon, the Partner shall inspect equipment at cleaning location, and provide documentation
of inspection to the Forest Service.
New infestations of noxious weeds, of concern to Forest Service and identified by either the Partner
or Forest Service, on the Stewardship Project Area or on the haul route, shall be promptly reported to
the other party. The Partner and Forest Service shall agree on treatment methods to reduce or stop
the spread of noxious weeds when new infestations are found. A current list of noxious weeds of
concern to Forest Service is available at each Forest Service office.
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12. Conduct of Logging. Unless otherwise specifically provided herein, the Partner shall fell trees
designated for cutting and shall remove the portions that meet Utilization Standards, prior to
acceptance of work for completion of logging and stewardship projects. Forest Service may make
exceptions for occasional trees inadvertently not cut or trees or pieces not removed for good reason,
including possible damage to forest resources or gross economic impracticability at the time of
removal of other timber.
13. Felling and Bucking. Felling shall be done to minimize breakage of included timber and damage to
residual timber. Unless agreed otherwise, felling shall be done by saws or shears. Bucking shall be
done to permit removal of all minimum pieces. The Partner may buck out cull material when
necessary to produce pieces meeting utilization standards. Such bucked out material shall contain a
minimum amount of sound wood, not in excess of the net scale in percentage of gross scale, or based
on the merchantability factor. If necessary to assess extent of defect, the Partner shall make sample
saw cuts or wedges.
14. Felling in Clearings. Insofar as ground conditions, tree lean, and shape of clearings permit, trees
shall be felled so that their tops do not extend outside clearcutting units, construction clearings, and
areas of regeneration cutting.
15. Stump Heights. Stumps shall not exceed, on the side adjacent to the highest ground, the maximum
heights set forth in Appendix E except that occasional stumps of greater heights are acceptable when
the Partner determines that they are necessary for safe and efficient conduct of logging. Unless
otherwise agreed, the Partner shall re -cut high stumps so they will not exceed heights specified in F-
14 and shall dispose of severed portions in the same manner as other logging debris. The stump
heights shown in Appendix F were selected with the objective of maximum reasonable utilization of
the timber, unless the Map shows special areas where stump heights are lower for aesthetic, land
treatment, or silvicultural reasons.
16. Bucking Lengths. Trees shall be bucked in various lengths to obtain the greatest utilization of
material meeting utilization standards.
17. Limbing. The Partner shall cut exposed limbs from products prior to skidding, as necessary to
minimize damage to the residual stand during skidding. The Partner may leave uncut those limbs
that cannot be cut with reasonable safety.
18. Skidding and Yarding. Methods of skidding or yarding specified for particular areas, if any, are
indicated on the Map. Outside clearcutting units and construction clearings, insofar as ground
conditions permit, products shall not be skidded against reserve trees or groups of reproduction and
tractors shall be equipped with a winch to facilitate skidding.
19. Rigging. Insofar as practicable, needed rigging shall be slung on stumps or trees designated for
cutting.
20. Landings and Skid Trails. Location of all landings, tractor roads, and skid trails shall be agreed
upon prior to their construction. The cleared or excavated size of landings shall not exceed that
needed for efficient skidding and loading operations.
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21. Arches and Dozer Blades. Skidding tractors equipped with pull -type arches or dozer blades wider
than tractor width or C -frame width, whichever is greater, shall not be used in residual timber
outside clearcutting units and other authorized clearings, except on constructed tractor roads or
landings, unless there is written agreement that residual timber will not be damaged materially by
such use.
22. Protection of Streamcourses. The Partner's Operations shall be conducted to prevent debris from
entering streamcourses, except as may be authorized under paragraph (d). In event the Partner causes
debris to enter streamcourses in amounts that may adversely affect the natural flow of the stream,
water quality, or fishery resource, the Partner shall remove such debris as soon as practicable, but
not to exceed 2 days, and in an agreed manner that will cause the least disturbance to streamcourses.
a) Culverts or bridges shall be required on Temporary Roads at all points where it is necessary to
cross Streamcourses. Such facilities shall be of sufficient size and design and installed in a
manner to provide unobstructed flow of water and to minimize damage to streamcourses. Trees
or products shall not be otherwise hauled or yarded across streamcourses unless fully
suspended.
b) Wheeled or track laying equipment shall not be operated in streamcourses, except at crossings
agreed to by the Partner and the Forest Service or as essential to construction or removal of
culverts and bridges.
c) Flow in streamcourses may be temporarily diverted only if such diversion is necessary for the
Partner's planned construction and Forest Service gives written authorization. Such flow shall
be restored to the natural course as soon as practicable and, in any event, prior to a major storm
runoff period or runoff season.
23. Erosion Prevention and Control, The Partner's operations shall be conducted reasonably to
minimize soil erosion. Equipment shall not be operated when ground conditions are such that
excessive damage will result. The Partner shall adjust the kinds and intensity of erosion control
work done, to ground conditions and weather conditions and the need for controlling runoff.
Erosion control work shall be kept current immediately preceding expected seasonal periods of
precipitation or runoff.
Prior to periods of accelerated water runoff, especially during the spring runoff and periods of heavy
rainfall, the Partner shall inspect and open culverts and drainage structures, construct special cross
ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and
siltation of streams.
Unless otherwise agreed in writing, the Partner shall complete erosion prevention and control work,
including streamcourse protection, within 15 calendar days after completion of skidding and/or
yarding operations for each landing.
Designation of on the ground work shall be done as promptly as feasible unless it is agreed that the
location of such work can be established without marking on the ground.
During periods of accelerated water runoff, especially during the spring runoff and periods of heavy
rainfall, the Partner shall inspect and open culverts and drainage structures, construct special cross
ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and
siltation of streams.
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When operations are active, erosion control work will be kept current and will be completed as soon as
practicable.
24. Protection of Improvements. So far as practicable, the Partner shall protect specified roads and
other improvements (such as roads, trails, telephone lines, ditches, and fences):
a) Existing in the operating area,
b) Determined to have a continuing need or use, and
c) Designated on the Map.
The Partner shall keep roads and trails needed for fire protection or other purposes and designated on
the Map reasonably free of equipment and products, slash, and debris resulting from the Partner's
operations. The Partner shall make timely restoration of any such improvements damaged by the
Partner's operations and, when necessary because of such operations, shall move such
improvements.
25. Meadow Protection. Reasonable care shall be taken to avoid damage to the cover, soil, and water in
meadows shown on the Map. Vehicular or skidding equipment shall not be used on meadows, except
where roads, landings, and tractor roads are approved. Unless otherwise agreed, trees felled into
meadows shall be removed by endlining. Resulting logging slash shall be removed where necessary
to protect cover, soil, and water.
26. Wetlands Protection. Wetlands requiring protection under Executive Order 11990 are shown on the
Map. Vehicular or skidding equipment shall not be used in such wetlands, except where roads,
landings, and tractor roads are approved.
27. Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of temporary
roads, the Partner shall employ such measures as outsloping, drainage dips, and water spreading
ditches. After a temporary road has served the Partner's purpose, the Partner shall give notice to the
Forest Service and shall remove bridges and culverts, eliminate ditches, outslope roadbed, remove
ruts and berms, effectively block the road to normal vehicular traffic where feasible under existing
terrain conditions, and build cross ditches and water bars, as.staked or otherwise agreed to. When
bridges and culverts are removed, associated fills shall also be removed to the extent necessary to
permit normal maximum flow of water.
28. Temporary Roads to Remain Open. All bridges and culverts shall remain in place and ditches
shall not be eliminated on Temporary Roads, shown as "Remained Open on the Map. All drainage
structures shall be left in functional condition.
29. Landings. After landings have served the Partner's purpose, the Partner shall ditch and slope them
to permit water to drain or spread. Unless agreed to otherwise, cut and fill banks around landings
shall be sloped to remove overhangs and otherwise minimize erosion.
30. Skid Trails and Fire Lines. The Partner shall construct cross ditches and water- spreading ditches
on tractor roads and skid trails, where needed to prevent erosion. By agreement, the Partner may use
other comparable erosion control measures, such as backblading skid trails, in lieu of cross ditching.
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31. Current Operating Areas. Where logging, road construction, or other stewardship project work is
in progress but not completed, unless agreed to otherwise, the Partner shall, before operations cease
annually, remove all temporary log culverts and construct temporary cross drains, drainage ditches,
dips, berms, culverts, or other facilities needed to control erosion. Such protection shall be provided,
for all disturbed, unprotected ground that is not to be disturbed further prior to end of operations
each year, including roads and associated fills, tractor roads, skid trails, and fire lines. When weather
permits operations, the Partner shall keep such work on any additional disturbed areas as up to date
as practicable.
32. Erosion Control Structure Maintenance. During the period of this SPA, the Partner shall provide
maintenance of soil erosion control structures constructed by the Partner until they become
stabilized, but not for more than one year after their construction.
33. Slash Disposal. The Partner's timing of product removal and preparatory work shall not
unnecessarily delay slash disposal. Specific slash disposal measures to be employed by the Partner
are stated in Appendix E.
34. Scaling. Scaling includes:
a) Various volume determination methods, such as log rule, sampling, measuring, linear
measuring, counting, weighing, or another method or combination of methods;
b) Various sites, such as truck Scaling stations, rollways, weighing stations, woods landings, water
Scaling stations, or other sites.
c) Various geographic locations.
35. Scaling Services. Scaling services shall be performed by Forest Service personnel or parties under
contract to Forest Service, except that weighing services may be performed by personnel or parties
approved by the Forest Service. Scaling shall be provided in accordance with the instructions and
specifications in Appendix F. Scalers shall be currently certified to perform accurate Scaling
services. The scaling services provided shall be selected exclusively by the Forest Service. Scaling
services may be continuous, intermittent, or extended.
a) Continuous scaling services is scaling at one site five (5) 8 -hour shifts a week, exclusive of
Sundays and Federal holidays.
b) Intermittent scaling services are non continuous scaling services.
c) Extended scaling services are scaling services exceeding continuous scaling services and may
include Sundays and designated Federal holidays.
As mutually agreed to by the parties, the Forest Service may provide other services, such as but not
limited to grading, tagging, or marking of Scaled logs.
36. Scaling Location. The Forest Service shall provide scaling services at the scaling site(s) shown in
Appendix F. The Scaling site(s) shown in Appendix F normally will be a non exclusive site where
more than one National Forest the Partner may be served. The Partner may request, in writing, an
alternate scaling site, such as at a private mill yard, private truck ramp, or a privately operated log
transfer facility. The Forest Service may approve an alternate scaling site, when the Forest Service
determines that scaling conditions at an alternate site are acceptable. Such conditions shall include at
a minimum:
a) Scaler safety and comfort,
34
0 USDA Forest Service OMB 0596 -0217
FS- 1500 -2IA
b) Product accountability and security,
c) Facilities and practices conducive to accurate and independent Scaling, and
d) The ability to provide for remote check Scaling.
Upon approval of an alternate scaling site, the Forest Service and the Partner shall enter into a
written memorandum of agreement governing Scaling at that altemate location. The Partner agrees
that Forest Service personnel or persons under contract with the Forest Service shall perform scaling
services at an alternative scaling site. In no instance shall the Partner perform scaling services.
37. Scaling Adjustments. The Forest Service shall check the accuracy of the scaling performed on
National Forest logs. Scaling will be satisfactory if performed within the accuracy standards in
governing instructions identified in Appendix F. In the event the Forest Service check scale(s) shows
a variance in net scale in excess of the allowable variance, an adjustment to volume reported scaled
may be made by the Forest Service. Such adjustment will be based on the difference between Forest
Service check Scale(s) and original Scale for SPA volume Scaled within the adjustment period. The
volume to which this difference will be applied will be:
a) One -half of the volume Scaled between the last satisfactory check Scale and the first
unsatisfactory check Scale or, if a period of 120 days or more occurs without Scaling National
Forest timber for stumpage, the adjustment will be applied to 100 percent of the volume Scaled
after this period and
b) 100 percent of the volume Scaled between unsatisfactory check Scales and
c) One -half of the volume Scaled between the last unsatisfactory check Scale and the next
satisfactory check Scale, or if no satisfactory check Scale is completed and a period of 120 days
or more occurs without Scaling of National Forest timber for stumpage, the adjustment will be
applied to 100 percent of the volume Scaled since the last unsatisfactory check Scale.
Adjustments may increase or decrease the original Scaled volume. Adjustments will be applied to
Integrated Resource Account to correct charges for Included Timber, plus deposits, Scaled during
the adjustment period.
38. Weighing Services. Weighing services for stumpage payment purposes may be provided by either
public or privately owned and operated weighing facilities. A "Weighing Services Agreement,"
approved by the Forest Supervisor, must be executed at each weighing facility providing weighing
services.
Scales used to weigh National Forest products for payment purposes must be a currently certified
scale in accordance with State law and be capable of weighing the entire load of logs in a single
operation. The weighing of less than the entire load or weighing two loads at once is prohibited.
Unless otherwise agreed, the minimum sized weighing facility shall be a 60 -ton capacity scale with a
10 foot by 70 foot platform or larger. The weighmaster must work in a position where it is possible
to verify that the truck wheels are on or off the scales.Weighing facilities shall meet the following
minimum requirements:
a) Be an electronic design,
b) Use electronic load cells or have a fully enclosed and sealed weigh -beam,
c) Have digital weight meters sealed with a seal approved by the State,
d) Have a zero interlocking device on the printer,
e) Have an automatic zero setting mechanism,
f) Have an automatic motion detecting device,
g) Be shielded against radio or electromagnetic interference, and
35
8 USDA Forest Scrvmc OMB 0596 -0217
FS- 1500 -21A
h) Have a date and time stamp and gross and tare weights that print electronically with each
weighing. The Forest Service may waive electronic printing for public or third party weighing
facilities. The Partner shall bear all charges or fees for weighing services.
39. Presentation for Scaling. The Partner shall present products so that they may be Scaled in an eco-
nomical and safe manner.
40. Accountability. When Scaling is performed away from Stewardship Project Area, products shall be
accounted for in accordance with Forest Service written instructions, as follows:
a) The Partner shall plainly mark or otherwise identify products prior to hauling;
b) Forest Service shall issue removal receipts to the Partner;
c) The Partner shall assign a competent individual at the landing to complete removal receipts and
attach them to each load of products removed from Stewardship Project Area;
d) Removal receipts shall be returned to Forest Service at periodic intervals;
e) When products are in transit, the truck driver shall possess or display removal receipt and show
it tipon request as evidence of authority to move products;
f) The scaler's portion of removal receipt shall be surrendered at point of Scaling, the unloading
point, or as requested by Forest Service; and
g) The Partner shall notify Forest Service of lost or off loaded Logs and their location within 12
hours of such loss. The Partner shall not place products in storage for deferred Scaling until an
accountability system has been agreed to in writing for a stated period.
41. Route of Haul. As part of the annual Operating Schedule, the Partner shall furnish a map showing
the route of haul over which unscaled products will be transported from the Stewardship Project
Area to the approved Scaling location. Such route of haul shall be the shortest, most economical haul
route available between the points.
Upon advance written agreement, other routes may be approved. All unscaled products removed
from Stewardship Project Area shall be transported over the designated routes of haul. The Partner
shall notify Forest Service when a load of products, after leaving Stewardship Project Area, will be
delayed for more than 12 hours in reaching Scaling location.
The Partner shall require truck drivers to stop, if requested by Forest Service, for the following
reasons:
a) For accountability checks when products are in transit from Stewardship Project Area to the
designated Scaling location or
b) For a remote check Scale when products are in transit after being truck Scaled at the designated
Scaling location.
The Partner and Forest Service shall agree to locations for. accountability checks and remote check
Scales in advance of haul. Such locations shall be established only in areas where it is safe to stop
trucks. The Forest Service shall notify the Partner of the methods to be used to alert truck drivers of
an impending stop.
42. Product Identification. Before removal from the Stewardship Project Area, unless the Forest
Service determines that circumstances warrant a written waiver or adjustment, the Partner shall:
a) Hammer brand all products that are eight (8) feet or more in length and one -third (1/3) or more
sound, on each end that is seven (7) inches or more in diameter.
36
USDA Forest Service OMB 0596 -0217
FS- 1500 -21A
b) West of the 100th meridian, paint with a spot of highway yellow paint all domestic processing
products that are eight (8) feet or more in length and one -third (1/3) or more sound, on each end
that is seven (7) inches or more in diameter. Each paint spot must be not less than three (3)
square inches in size.
The Forest Service shall assign brands and, if the Stewardship Project Area is within a State that
maintains a log brand register, brands shall be registered with the State. The Partner shall use
assigned brand exclusively on logs under this SPA until Forest Service releases brand. The Partner
will furnish and apply highway yellow paint of a lasting quality (oil -base or equivalent).
All hammer brands and/or highway yellow paint must remain on logs until they are domestically
processed. The Partner shall replace identifying marks if they are lost, removed, or become
unreadable. The Partner may remanufacture products into different log lengths. Except for logs
remanufactured as part of the mill infeed process immediately before processing, remanufactured
products must be rebranded with the assigned SPA brand and repainted with highway- yellow paint,
unless otherwise agreed to in writing by the Forest Service Representative. For such remanufactured
products, Forest Service may approve use of a brand to be used exclusively as a catch brand, in lieu
of the assigned SPA brand.
43. Scaling Lost Products. The volume of lost products shall be determined by the best methods
currently available, using data from the records for the period in which the loss occurred or the most
applicable period if loss should occur substantially after cutting. In the absence of specific
information indicating size or species of lost products, species distribution and volume for entire
truckloads shall be assumed to be the same as the average volume Scaled per truck during the report
period, and for individual products it shall be assumed that the volume and species were the average
volume of the highest priced species Scaled during the report period.
44. Scaling Lost Sample Loads. If Scaling is being done by sampling loads of logs, the Partner shall
present such sample loads for Scaling by Forest Service. If loads of logs selected to be sample
Scaled are placed in the decks before they are Scaled, they will be considered as lost sample loads. It
will be difficult, if not impossible, to determine the volume and species contained in such loads for
payment purposes. Therefore, lost sample loads will be deemed to have a Scale volume and species
composition equal to that of the highest value load Scaled during the sampling period, as established
by Forest Service. If no sample loads were Scaled during the period, the Scale data for the high
valued load will be taken from the most current preceding sampling period with Scale. Sample loads
lost as a result of Forest Service actions shall be treated as non Scaled loads.
45. Scale Reports. The Forest Service shall provide the Partner a copy of Forest Service scaler's record,
if requested in writing.
46. Fire Precautions and Control
a) Plans. Prior to initiating the Partner's operations during Fire Precautionary Period, the Partner
shall file with Forest Service a Fire Prevention and Control Plan providing for the prevention
and control of fires on the Stewardship Project Area and other areas of the Partner's Operations.
Such plan shall include a detailed list of personnel and equipment at the Partner disposal for
implementing the plan. This requirement may be met by preparing a single plan for more than
one SPA.
37
UPS
USDA Forest Service OMB 0596 -0217
FS- 1500 -21A
b) Fire Precautions. Specific fire precautionary measures listed in this Appendix shall be
applicable during the Partner's Operations in "Fire Precautionary Period" described. The dates
of Fire Precautionary Period may be changed by agreement, if justified by unusual weather or
other conditions. Required tools and equipment shall be kept in serviceable condition and
immediately available for fire fighting at all times during the Partner's operations in Fire
Precautionary Period.
c) Substitute Precautions. The Forest Service may authorize substitute measures or equipment,
or waive specific requirements by written notice, if substitute measures or equipment will afford
equal protection or some of the required measures and equipment are unnecessary.
d) Emergency Precautions. The Forest Service may require the necessary shutting down of
equipment on portions of the Partner's Operations, as specified by the emergency fire
precautions schedule. Under such conditions, after the Partner ceases active operations, the
Partner shall release for hire by Forest Service, if needed, the Partner's shutdown equipment for
fire standby on the Stewardship Project Area or other areas of the Partner's Operations and
personnel for fire standby or fire patrol, when such personnel and equipment are not needed by
the Partner for other fire fighting or protection from fire. Equipment shall be paid for at fire
fighting equipment rates common in the area or at prior agreed rates and, if the Partner requests,
shall be operated only by personnel approved by the Partner. Personnel so hired shall be subject
to direction and control by Forest Service and shall be paid by Forest Service at fire fighting
rates common in the area or at prior agreed rates.
e) Fire Precautionary Period and Fire Precautions. Specific fire precautionary measures are set
forth below. Upon request of Forest Service, the Partner shall permit and provide an individual
to assist in periodic testing and inspection of required fire equipment. The Partner shall
promptly remedy deficiencies found through such inspecting and testing.
1. The following requirements shall apply during the period (fill -in dates) and during other
such periods as specified by Forest Service.
2. (Include Regional fire precautionary requirements, below.)
47. Fire ControL The Partner shall, both independently and in cooperation with Forest Service, take
all reasonable and practicable action to prevent and suppress fires resulting from the Partner's
Operations and to suppress any forest fire on Stewardship Project Area. The Partner's independent
initial fire suppression action on such fires shall be immediate and shall include the use of all
necessary personnel and equipment at the Partner's disposal on Stewardship Project Area or within
the distance of Stewardship Project Area: (5 miles).
a) The Partner's Reinforcement Obligations. Whenever an Operations Fire or Negligent Fire,
whether on or off Stewardship Project Area or any other forest fire on Stewardship Project Area,
has not been suppressed by initial action and appreciable reinforcement strength is required,
Forest Service may require further actions by the Partner until such fire is controlled and
mopped up to a point of safety. Such actions may include any or all of the following as
necessary to fight such fire:
38
UPS
USDA Forest Service OMB 0596 -0217
FS- 1500 -21A
b) Suspend Operations. To suspend any or all of the Partner's Operations.
c) Personnel. To release for employment by Forest Service any or all of the Partner's personnel
engaged in the Partner's Operations or timber processing within the distance of Stewardship
Project Area: (fill-in miles). Any organized crew so hired shall include the Partner's supervisor,
if any. Personnel so employed shall be paid at Forest Service standard emergency fire fighting
rates.
d) Equipment. To make available for Forest Service rental at fire fighting equipment rates
common in the area or at prior agreed rates any or all of the Partner's equipment suitable for fire
fighting and currently engaged in the Partner's Operations within the distance of Stewardship
Project Area: (fill-in miles).. Equipment shall be operated only by personnel approved by the
Partner, if so requested by the Partner.
48. Temporary Roads and Skid Trails. The Partner shall locate Temporary Roads and Skid Trails on
locations approved by the Forest Service. Such location shall include the marking of road centerline
or grade -line and the setting of such construction stakes as are necessary to provide a suitable basis
for economical construction and the protection of National Forest lands.
Temporary road surface width shall be limited to truck bunk width plus four (4) feet, except for
needed turnouts which shall not exceed two (2) times the bunk width plus four (4) feet. If shovels or
cranes with revolving carriage are used to skid or load, temporary road surface width equal to track
width plus tail swing shall be permitted.
As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, the Partner shall
employ such measures as outsloping, drainage dips, and water spreading ditches.
39
CITY OF
H LAN D
Council Communication
Options for Revision of Fireworks Ordinance 15.28.070
Meeting Date: February 16, 2010 Primary Staff Contact: John Kams
Department: Fire Department E -Mail: karnsj @ashland.or.us
Secondary Dept.: Administration Secondary Contact: Martha Bennett
Approval: Martha Benne O Estimated Time: 30 minutes
Question:
Which option for the revision of the fireworks ordinance in AMC 15.28.070 does the Council wish to
consider?
Recommendation:
Staff recommends Council either ban fireworks citywide or adopt a permit system as outlined in option
2.
Background:
In 2009 Staff proposed a revision to AMC 15.28.070, to restrict the display of retail fireworks in the
area "above the boulevard." Staff recommended this change due to the threat to Ashland's watershed
by fire. During the first reading of the ordinance on 10/20/2009, Council amended the ordinance to
further restrict fireworks within the entire City limits. After evaluating the intent of the original
proposed ordinance change, Staff asked for permission to evaluate whether a permit program could be
established to allow certain legal fireworks in the areas north of Siskiyou Boulevard.
The Council directed staff to bring back three options for the ordinance consisting of a total fireworks
ban, a permit process allowing for the use of legal fireworks under certain conditions, and a program
based on a fire danger rating.
The staff of Ashland Fire and Rescue has evaluated the option in terms of intent, limitations, and
viability with current resources. None of these options will affect the official commercial display. The
three options are as follows:
OPTION 1: This ordinance option calls for a total ban on all retail fireworks in the City of Ashland
at all times. This option provides for the least fire risk to the community in terms of fireworks related
fires. If this option is desired, the ordinance is already written as provided for the second reading of the
revision of AMC 15.28.070 on 10/20/2009.
OPTION 2: This ordinance option would allow for the use of legal fireworks in the City of Ashland
in the area north of Siskiyou Boulevard and North Main St. by permit issued by Ashland Fire and
Rescue. The permitting process would require the applicant to demonstrate the ability to provide a safe
environment for the display of legal fireworks as well as assume all responsibility for property damage
and/or physical injury of those involved. Other parameters would need to be met that would be
included in a Fireworks Permitting Program of Ashland Fire and Rescue. Ashland Fire and Rescue
would have the ability to establish said requirements for fireworks display as well as allowing or
Page 1 of 3
CITY O F
AS HLAND
denying each application based on the applicant's ability to meet the program's requirements. The
requirement for the fireworks permit would include, but not limited to, the following:
Provide a site for the display for fireworks that allows for a 15 foot horizontal and 12 foot
vertical clearance from any flammable vegetation or other material. A plot plan will be
required.
At the time of the permit application, the applicant must produce the fireworks that are intended
to be displayed.
The fireworks may only be displayed on July 4 between the hours of 6:00 PM and 10:00 PM.
The applicant must show ownership or other interest in the site proposed for the display of
fireworks.
The permit must include the signature of an adult assuming responsibility for all damage and
injuries resulting from the display of the fireworks.
Instructions that fireworks should not be displayed if weather conditions compromise safety.
A permit fee paid at the time of permit application.
Inspection and approval of the proposed site by members of Ashland Fire and Rescue.
Application for fireworks display must be submitted by July 1
The number of permits issued may be limited by the resources available to Ashland Fire and Rescue.
OPTION 3: This option would provide for a general permitting and approval process for a legal
fireworks display in the area east of Siskiyou Boulevard and East Main St. based on a fire weather
measurement or indication. This option received extensive evaluation by the staff of Ashland Fire and
Rescue. While there are currently several periodic fire weather indicators available, none are quick to
react to sudden changes in fire weather. Ashland does not have a Remote Automated Weather Station
(RAWS) that would give current fire weather information. A good example of this is the recent
Siskiyou fire that occurred on a "high" danger day and not an "extreme" danger day.
With the absence of a reliable published fire weather indicator, and the fact firework approvals would
need to be on a daily basis by Ashland Fire and Rescue, staff doesn't feel this is a viable option.
ORIGINAL RECOMMENDATION: The original ordinance for a ban of fireworks in the area west of
Siskiyou Boulevard and North Main St. is included as an attachment for reference.
Related City Policies:
Section 10.24.010 of the AMC deals with the adoption of Oregon Revised Statutes addressing the sale
and use of fireworks, specifically Sections 480.110 through 480.170. Additionally AMC 15.28.070
amends several sections of the Oregon Fire Code. The specific amendment regarding fireworks reads
as follows:
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837 012 -0600
through OAR 837 012 -0675, the sale of retail fireworks as defined in OAR 837 012 -0610 is
prohibited within the City of Ashland. The use of retail fireworks within the City of Ashland is
prohibited during any declared fire season when the sale offireworks is permitted within the
State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year).
Page 2 of 3
C I T Y O F
AS HLAN D
Council Options:
Council can:
Move forward with the first reading for option 1.
Request staff to develop an ordinance for option 2.
Table the issue of fireworks restriction.
Attachments:
1. Ordinance relating to option 1
2. Ordinance relating to option 2
3. Original partial ban ordinance
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
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, fuel loading terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in some areas of Ashland; and
WHEREAS, the City should protect against fires caused by fireworks by limiting the geographic
area in which fireworks are allowed;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to
read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the fire
code official.
B. Section 508.5.1 Exceptions: Delete: and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-
012 -0600 through OAR 837- 012 -0675, the sale of retail fireworks as defined in OAR
837 012 -0610 is prohibited within the City of Ashland. The use of retail fireworks
Page 1 of 2
within the City is prohibited
D. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Appendix
D105.2 105.3 Change 30 feet to 24 feet.
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
Page 2 of 2
d`
ORDINANCE NO.
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
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, fuel loading, terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in some areas of Ashland; and
WHEREAS, the City should protect against fires caused by fireworks by limiting the geographic
area in which fireworks are allowed;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to
read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the fire
code official.
B. Section 508.5.1 Exceptions: Delete: and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-
012 -0600 through OAR 837 012 -0675, the sale of retail fireworks as defined in OAR
837- 012 -0610 is prohibited within the City of Ashland. The use of retail fireworks
Page 1 of 3
within the City is prohibited except when authorized by special permit issued by
the Ashland Fire Chief or his /her designee. A special permit may be approved
only if the applicant can demonstrate compliance with the following criteria:
i. The fireworks display is proposed on property east of Siskiyou
Boulevard and North Main St; and
ii. The fireworks display will occur on private property under the
ownership or control of the applicant; and
iii. The area provided for the fireworks display is shown on a plot plan
submitted for approval and said plan shall demonstrate a minimum
fifteen foot horizontal and twelve foot vertical clearance from any
flammable structure, vegetation or other material; and
iv. Inspection and approval of the proposed site is required by AFR
personnel; and
v. The fireworks display involves only legal fireworks (1.4 grams) and
such fireworks are presented at the time of permit application; and
vi. The fireworks will be displayed only on July 4 between the hours of
6:00 PM and 10:00 PM; and
vii. The Fireworks will not be displayed if weather conditions specified on
the permit change so as to compromise safety (e.g. wind); and
viii. The application shall include the signature of an adult assuming
responsibility for all damage and injuries resulting from the display of
the fireworks, including proof of insurance and holding the City of
Ashland harmless; and
ix. The application shall require payment of a permit fee; and
x. No application will be accepted after 5 p.m. on July 1 of the year of the
display; and
xi. Any and all special safety conditions imposed by the Fire Chief shall
be complied with by the applicant; and
xii. The Fire Chief reserves the right to refuse to issue permits based on an
assessment of fire conditions and the availability of city resources for
administration and enforcement.
Year).
D. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Appendix
D105.2 105.3 Change 30 feet to 24 feet.
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
Page 2 of 3
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
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
Annotated to show deletion:, 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; and
WHEREAS, the above referenced grant of power has been interpreted as affording all legislative
powers home rule constitutional provisions reserved to Oregon Cities. Citv of Beaverton v.
International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730,
734 (1975); and
WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in some areas of Ashland; and
WHEREAS, the City should protect against fires caused by fireworks by limiting the geographic
area in which fireworks are allowed;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to
read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the fire
code official.
B. Section 508.5.1 Exceptions: Delete: and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-
012 -0600 through OAR 837 012 -0675, the sale of retail fireworks as defined in OAR
837 012 -0610 is prohibited within the City of Ashland. The use of retail fireworks
Page 1 of 2
within the City is prohibited at all times in the area of the City west of Siskivou
Boulevard and North Main Street
D. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Appendix
D105.2 105.3 Change 30 feet to 24 feet.
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
Page 2 of 2
CITY O F
ASHLAND
Council Communication
Request Clarification of Living Wage Ordinance
Meeting Date: February 16, 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 Benn l Estimated Time: 10 minutes
Question: ,,II'"'
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
inn
CITY OF
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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
Page2of2
"A,
ORDINANCE NO.
AN ORDINANCE RELATING TO LIVING WAGE,
AND AMENDING AMC CHAPTER 3.12
Annotated to show delays 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 veal 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 year'', 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
Page 2 of 3
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. Savinas. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 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
Page 3 of 3
C I T Y O F
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 1.08 Relating to Classification of Offenses
Meeting Date: February 16, 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: /IL•ll
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
March 2, 2010.
Background:
Summary added February 10, 2010
These ordinances raise three policy issues for the City Council:
Classification of Offenses. As discussed below, staff recommends that Council classify different
violations of the Ashland Municipal Code. Under the proposed system, the most serious offenses the
ones that pose the greatest threat to public health, safety, and welfare would be classified as "A"
offenses, and the least serious the ones that have more limited harm would be "D offenses." This
proposal is discussed below in this memo, and each of the attached ordinances includes proposals for
how the existing Municipal Code offenses would be classified.
Base Fine System. Staff also recommends that the Council expressly adopt the state base fine system
for each of the above classes of offenses. Like the classification system, which presents different
maximum fines based on severity of offense, the base fine system sets correspondingly different base
fines (the amount on the front of the ticket) based on severity of offense. This is discussed in greater
detail in this memo. This system has several advantages. First, it creates predictability of outcome for
people cited for violation of municipal code offenses. Officers are presently reluctant to cite city
ordinance violations because the possible penalty is too great. Under this system, if someone pleads
guilty or is found guilty, her/his sentence cannot be less than 75% of the base fine amount or greater
than the maximum fine (plus assessments). Coupled with the classification system, it ensures that the
sentences for more severe violations will be higher than those for less severe violations. Second, the
system is extremely efficient, in that, it would allow people who do not wish to contest a citation to
simply pay their citation in person or by mail. It would not require them to personally appear in court
to plead guilty and receive a sentence. The system does have a disadvantage in that it reduces (not
eliminates) the discretion of the Municipal Court Judge to reduce a sentence below 75% of the base
fine if she/he believes that there are mitigating circumstances that would result in a different sentence.
Page 1 of4
CITY OF
AS HLAN D
Clean Up of Municipal Code. In preparing these ordinances, staff did not update the existing
Municipal Code to remove outdated terms, such as "Victrola" in AMC 9.08.170 or "Invalid Chair." In
10.68.210. Staff also did not recommend deleting or changing offenses that were created many years
ago that now do not seem to be particularly relevant. Councilor Silbiger recently sent an email
pointing out many of the existing sections of the code that now seem obscure or irrelevant. If Council
would like, you can direct staff to look at the offenses themselves and include recommendations about
deletions or revisions to these offenses prior to adoption of the implementing ordinances by the City
Council. Legal staff will also provide brief responses to Councilor Silbiger's points via email.
Agenda item unchanged from January 19, 2010 below this line
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
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
Page 2 of 4
CITY O F
�S H LAN D
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.
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]
Page 3 of 4
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C I T Y O F
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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 March 2, 2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for March 2,
2010.
Attachments:
Proposed ordinance
Page 4 of 4
FrAl IMO
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 Tv Misdemeanor Penalties and Procedures. Penalty
Impased7
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.
13) 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:
Page2of6
1.08.020 GENERAL PENAL TV Violation Penalties and Procedures Infractions
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.q. restitution) appropriate for the
violation offense.
Page 3 of 6
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
Violation Class Maximum Base fine 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
Page6of6
CITY OF
ASH LAN D
Council Communication
Ordinance Amending AMC Chapter 9 Relating to Classification of Offenses
Meeting Date: February 16, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E -Mail: appicelr @ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Ben 4) (I. Estimated Time: 10 minutes
Question: �ft`J!
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
March 2, 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
"r,
CITY 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 March 2, 2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for March 2,
2010.
Attachments:
Proposed ordinance
Page 2 of 2
r
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 9, HEALTH AND SANITATION AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show lotions 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 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 chapter the AMC:
A. Privies. An open vault or privy constructed and maintained within the City,
except those constructed or maintained in connection with construction projects
in accordance with the Oregon State Board of Health regulations;
B. Debris. Accumulations of debris, rubbish, manure, and other refuse that are
not removed within a reasonable time and that affect the health of the City;
C. Stagnant Water. Stagnant water which affords a breeding place for
mosquitoes and other insect pests;
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;
I-I. 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
stopawork 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 4 of 16
No person shall leave, in a place accessible to children, an abandoned or
discarded icebox, refrigerator, or similar container without first removing the door,
unless the same has a magnetic catch or similar catch which can easily be
opened from the inside. Abandoned 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. W. 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 8of16
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 funk 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 Calle Guanajuato is a Class B violation.
SECTION 4. Section 9.12.060 [Violation Penalty] regarding 9.12 [Nuisance Junk] is
hereby amended to read as follows:
9.12.060 Violation Penalty
If the notice is given as provided in section 9.12.050 and the owner, lessee, or
occupant fails to comply with this chapter, or any person keeps junk on any street
or other public property, then said person is in violation of this chapter and, upon
conviction, is punishable as prescribed in Section 1.08.020. Unless otherwise
specified, violation of this chapter is a Class B violation.
SECTION 5. Sections 9.16.010 [Control Required] through 9.16.080 [Penalties for
Violation] are hereby amended to read as follows:
9.16.010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property
of the person owning, harboring or having the charge, care, control, custody or
possession of such dog; however, it shall be permissible for a dog to be confined
by fence, leash or obedience training to the property of another if such other
person has given express permission. Provided, however, that the City Council
Page 12 of 16
may, in its discretion, designate certain areas within the City where dogs may be
permitted to run free while under the owner's or keeper's control. Control
required is a Class D violation.
9.16.020 Vicious Dogs Control Required
Any dog that is vicious or dangerous to the safety of persons must be confined
by enclosure or a leash to property of its owner or keeper. Vicious doqs control
required is a Class B violation.
9.16.030 Dog Control Required When in Car or Truck
It is permissible for a dog to be confined to a car or truck, which is owned by its
owner or keeper, and such confinement may be either by physical means or by
obedience training. The duration and circumstances of the confinement
shall be consistent with minimum care for the animal under 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.
w,
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. 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
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 10 Relating to Classification of Offenses
Meeting Date: February 16, 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
March 2, 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
Ina
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 March 2, 2010.
(2) Postpone First Reading to a date certain.
Page 2 of 3
CITY O F
ASHLAND
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for March 2,
2010.
Attachments:
Proposed ordinance
Page 3 of 3
"Ai
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 pollee a public safety radio
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
SECTION 2. Section 10.12.010 [Assault] through Section 10.12.090 [Penalties] are
hereby amended to read as follows:
40,1-2-Assault
4-0r1-27040-Assault-and-Battery
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 2 of 16
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 unpermifted burning or violation of permit
requirements, has committed an- infraction a Class A violation, and upon
conviction thereof, is punishable as prescribed in Section 1.08.020 of the
Ashland Municipal Code. Such person, firm or corporation is guilty of a separate
violation for each and every day during which any violation of this 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-license-fer--sueh-premisesy
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 3of16
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:
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
AT 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
C7 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 when the sidewalk is 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.
10.68.130 Betting prohibited (unless authorized consistent with statute)
No game of chance or betting of any kind will be permitted within the park
boundaries. Betting prohibited is a class B violation.
10.68.140 Firearms and explosives prohibited
No one shall use firearms, fireworks, firecrackers, torpedoes, or explosives of
any kind in any park. Firearms and explosives prohibited is a class A
violation.
10.68.150 Injuring wildlife prohibited
No one shall use any weapon, stick, stone, or missile of an kind to destroy,
injure, disturb or molest any wild or domestic animal, fowl, or fish within the park
limits. Iniurinq wildlife prohibited is a class A violation.
10.68.170 Park waters Use
No one shall fish, wade, swim, or bathe in any of the parks except the places
designated for such purposes, except, however, that children of the age of
thirteen (13) years and under shall be permitted to fish within the present, or
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 9of16
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 er -camp 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" 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 violation;
violation of reserved is a Class B violation.
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
violation. When Fire Restrictions are in place violation is a Class A
violation.
10.68.280 Permit Inspection
Any person claiming to have a permit from the park commission shall produce
and exhibit such permit upon request of any authorized person who may desire
to inspect the same. Permit Inspection is a class D violation.
10.68.290 Permit Conditions
All permits issued by the park commission shall be subject to the city ordinances
and the persons to whom such permits are issued shall be bound by said rules,
regulations, and ordinances as fully as though the same were inserted in such
permits, and any person or persons to whom such permits shall be issued shall
be liable for any loss, damage, or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permits shall be
issued, as well as for any breach of such rules, regulations, and ordinances, to
the person or persons so suffering damages or injury. When not otherwise
specified in the Code, violation of permit- conditions is a class B violation.
10.68.300 Barriers Compliance
No person shall ride, drive, or walk on such parts or portions of the parks or
pavements as may be closed to public travel or interfere with barriers erected
against the public. Barriers Compliance is a class C violation.
10.68.310 Park officers Obedience required
No person shall refuse a request to obey any reasonable direction of the park
officers or employees. Failure to comply is a class C violation.
Page 11 of 16
10.68.320 Park officers
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 the park limits within the- city or
ori-the park side of any street adjacent to the parks. Prohibited.Campinq is
a class C violation.
SECTION 17. Section 10.68.370 [Parking Limitations] is hereby amended to read as
follows:
10.68.370 Parking limitations
No person shall park or permit to remain parked any motor vehicleawhich
bears a motor home or camper license on,anystreet withmnir ontthe park-
side of,any street adjacent to the parks of thus-city,: betweenfthe,. ours of
2 :00 A.M., and 6 :00 A.M: It shall be rebuttalhpresumed thatany, Vehicle
parked contrary to the provisions of this section was parkedoby,the
registered owner thereof. Parking a Camper is a class C violation.
SECTION 18. Section 10.68.380 [Curfew] is hereby amended to read as follows:
10.68.380 Curfew
Except for Police, Fire and Park Department employees on official business no
one shall be in Lithia Park between the hours of 11:30 P.M. and 5:30 A.M.
Curfew is a class D violation: Nothing in-this provision:prohibits'citation
forliespass under state law.
SECTION 19. Section 10.72.010 [Theft Stolen Property] through Section 10.72.020
[Petty Theft] are hereby amended to read as follows:
40.72-Theft
10 P ta
Page 12 of 16
SECTION 20. Section 10.88.010. [Miscellaneous Offenses by or against Minors
Minors generally] through Section 10.88.050 [Children Confined n Vehicles] are hereby
amended to read as follows:
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:
40.90- Penalties
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 any provision of this Chapter shall be a Class A violation.
The minimum fine for violation of any provision of this Chapter shall be $500.00
for each unit affected, excluding any required state and local assessments.
SECTION 26. Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other sections, provisions,
clauses or paragraphs of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to
be severable.
Page 15 of 16
SECTION 27 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 28 Codification. Provisions of this Ordinance shall be incorporated in
the Ashland Municipal Code and the word "ordinance" may be changed to "code
"article "section "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re- 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
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 11 Relating to Classification of Offenses
Meeting Date: February 16, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E -Mail: appicelr @ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Bennett n Estimated Time: 10 minutes
Question: p /1
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
March 2, 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 13
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 Markin. 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 of 2
�r,
CITY OF
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 March 2, 2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for March Z
2010.
Attachments:
Proposed ordinance
Page 2 of 2
�r,
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
peSteth
traffiGT
p cdes s.
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- eperator..
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 3 of 13
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.
11 E morgoncy vo hi c l o
PrePeFtYi
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
proceed.
11.20.040 Private Marking Unlawful
No person shall letter, mark, or paint in any manner letters, marks, or signs on a
sidewalk, curb, street, or alley, or post on a parking strip anything designed or
intended to prohibit or restrict parking in front of a sidewalk, dwelling house,
business house, or in any alley, except in compliance with this Title. Street name
signs designating privately owned streets, alleys, or driveways, may only be
erected if authorized by the City Council. Location, graphics, color, materials, and
height shall be to City standards as approved by the Director of Public Works.
The Director of Public Works may allow painting of yellow curbs designating no
parking zones at private driveways to standards established by the Director of
Public Works. A permit must be obtained from the Department of Public Works
prior to installation of said yellow curb. The property owner to whom the permit is
issued is responsible for maintaining the yellow curb in good and visible
condition. Private Marking a Class A violation.
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 5 of 13
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.
0.
11.44.030 Crosswalk --Use use required
In blocks with marked crosswalks, no pedestrian shall cross a street other than
within a crosswalk. Crosswalk use required is a Class D violation.
Page 7 of 13
per-sock
SECTION 8. Sections 11.52.020 [Equipment] through 11.52.070 [Bicycle License
Required] are hereby amended to read as follows:
11 Equipment
the- bioycle -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 iust and
reasonable.
Page 9 of 13
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:
4-1,6271-1-0-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. Exccpt vidcd i oction 1 5 O5O
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 iust and
reasonable.
shapter:
Page 11of13
SECTION 11. Section 11.60.040 [Penalties] regarding 11.60 [Truck Routes] is hereby
amended to read as follows:
11.60.040 Penalties
Any violation of this chapter is a Class D violation. Any p^ on, firm or
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 12of13
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 13 of 13