HomeMy WebLinkAbout2010-1221 Council PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 21, 2010
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting IAMC 2.04.030.E.)
6:00 p.m. Executive Session for discussion with Legal Council pursuant to ORS 192.660(2)(h)
6:30 p.m. Reception for Outgoing Council Members
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes)
1. Study Session of December 6, 2010
2. Executive Session of December 7,2010
3. Regular Meeting of December 7,2010
VI. SPECIAL PRESENTATIONS & AWARDS
VII. CONSENT AGENDA [5 minutes}
1. Will Council accept the Minutes of the Boards, Commissions and Committees?
2. Does Council wish to approve a Liquor License Application from Donald Senestraro dba
Paddy Brannan's Irish Pub at 23 S 2nd Street?
3. Does Council wish to approve a Liquor License Application from Dee Vallentyne dba
Smithfields Restaurant & Bar at 36 S 2nd Street?
4. Will Council conduct annual review and accept the current City of Ashland Investment
Policy?
5. Will Council approve an agreement to allocate Ashland's remaining $6,735 in
unexpended American Recovery and Reinvestment Act (ARRA) funds to the City of
Medford? '
6. Will Council, acting as the Local Contract Review Board, approve the award of a public
contract to Diamond Parking for Parking Enforcement and Administration Services?
7. Should Council approve a resolution adjusting the FY 2010-2011 Budget to create
appropriations and authorize expenditures for unanticipated expenses during this year?
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
8. Will Council approve a resolution modifying the size of street pennants allowed to be
installed within the previously approved pennant placement zones?
9. Will Council, acting as the Local Contract Review Board, approve the award of a public
cQntract to Hughes Fire Equipment for a Type 1 ambulance?
10. Does Council have questions about the Mayor's at large selection for the Ashland
Stormwater Technical Review Committee and the Ashland Wastewater Technical Review
Committee for each of the respective Master Plan updates?
11. Will Council approve the attached resolution modifying the Renewable Resource
Purchase Policy for Solar, wind, Fuel Cell and Hydroelectric Power Generation?
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. Should Council conduct and approve Second Reading of an ordinance titled, "An
Ordinance Establishing Fees and Charges for Municipal Court Administration" and
approve a Resolution titled, "A Resolution Establishing Fees for the Administration of the
Ashland Municipal Court" after holding a public hearing? [10 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 the City Council wish to: 1) enact an ordinance to temporarily suspend the City code
that prohibits camping on public property; 2) provide direction to the Housing Commission
that the Council would like the Commission to work on homelessness issues; and/or 3)
provide. direction that the Housing Work Plan should be amended to direct the Housing
Specialist to spend more time working on homelessness issues? [30 Minutes]
Please Note: The City Council completed public testimony on this item on December 7,
2010. No additional testimony will be taken. Written comments may be submitted at any
time.
XI. NEW AND MISCELLANEOUS BUSINESS I
1. Shall the Mayor and Council approve the annual appointments for the vacant positions on
the Citizen Budget Committee with tern ending December 31, 2013? [15 Minutes]
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to
Reimbursement Districts and Adding Chapter 13.30"? [15 Minutes]
2. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to
Adopting New Building And Structural Codes, Amending AMC Chapter 15 Building
Codes, and Repealing AMC 15.04.180, 15.08.020, 15.08.040, 15.08.050, 15.08.060,
15.08.070,15.16.020 Through 15.16.220, 15.16.250 Through 15.16.320, AND 15.16.360
Through 15.16.370 "? [10 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Will Council approve the Mayor's Signature on a letter to Senator Merkley regarding
support for performance based planning?
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need speciat 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 Tille I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLANDOR.US
CITY COUNCIL STUDY SESSION
December 6. 2010
Page 1 of2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, December 6, 2010
Siskiyou Room, 51 Winburn Way
Council Chair David Chapman called the meeting to order at 5:30 p.m. in the Siskiyou Room.
Councilor Silbiger, Navickas, Lemhouse, and Voisin were present. Councilor Jackson arriv~d at 5:34
p.m. Mayor Stromberg was absent.
1. Look Abead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Does tbe Council want to revise the business license ordinance?
Interim City Attomey Megan Thomton provided the staff report and eXplained there were two ways to
approach business license ordinances. One was using a taxing mechanism to generate revenue. The other
was regulating business licenses that generated revenue the same as taxation would. Either method
Council chose staff recommended removing the fees from the ordinance and establishing them in a
resolution to simplify the fee structure.
Strengths supporting a taxation based business license ordinance were the fees would generate revenue
and it was easy for staff to administer. The approval process was faster and did not require enforcement
as long as the fee was paid. Weaknesses were it would not provide criteria to deny or revoke a license.
Ms. Thornton went on to note a correction to the Council Communication indicating the last fee update
was 1991 when it was 2006.
Administrative Services Director Lee Tuneberg explained current enforcement entailed staff reviewing
newspaper articles for new companies and contacting them if they were not licensed. Staff also mailed
annual renewal notices with follow up reminders. The current code did not have a revocation process for
a business license and the City would not cite or shut down businesses operating without a license. In
2009, there were 2,083 business licenses. Business licenses generate approximately $200,000 in revenue
for the General Fund yearly.
Staff recommended adding language to, the code that a City business license did not convey the business
was in compliance. Additionally the current code required the business to post their license. If the City
went with taxation, the license should be available upon request only and not posted. Posting implied the
City endorsed the business.
A regulation-based ordinance would allow staff to deny a license. The ordinance would also tie in with
State law. If Council chose a regulatory ordinance, staff would recommend adding a disclaimer to the
application .that everything the applicant stated was true and falsified information could be considered a
criminal offense. Council could have regulation criterion that included whether a business had paid their
Food and Beverage Tax, Transient Occupancy Tax (TOT) or did not comply with the Ashland Land Use
code.
Council expressed concern that business licenses were required for revenue purposes only. Other
comments noted the fee was minimal and having business licenses added to public safety, consumer
protection and did not serve as a barrier to economic development. Council and staff discussed enforcing
vacation houses and the inequity in the business license exemption regarding for-profit businesses like the
CITY COUNCIL STUDY SESSION
December 6, 2010
Page 2 of2
Artisan's market. Also discussed was the US Supreme court case that made solicitation and peddler
licenses illegal. Staff would review whether that ruling extended to door-to-door sales.
The weaknesses to having a regulatory process were it added to staff time and the application would be
longer and require additional processing time for compliance.
Initial enforcement would remain in the Finance Department but would depend on the underlying
violation. Prior to seeking an injunction, the City would send notices, issue citations for non-compliance
and failure to comply then look at contempt with the option of settlement.
Council suggested tying the Oregon Liquor Control Commission (OLCe) to the business license, having
a distinction for home based businesses and establishing a rental registry for rentals. Staff clarified
typically an individual with two rentals was required to have a business license but in Ashland the amount
was six. Other suggestions included settlement payments over time for businesses in arrears and language
authorizing the City to revoke a license immediately in specific cases where public safety was threatened.
Council consensus supported using some fonn of regulation for the business license ordinance.
3.. What direction does the Council have related to City Council Goal setting for 20] I?
City Administrator Martha Bennett discussed logistics regarding the Goal Setting Session with Council
who agreed on the following:
. Goal Setting Session will occur Saturday, January 15,2011
. Council Relations/Council Team Building Session will take place the Thursday aftemoon or
Friday evening before the Goal Setting Session
. Staff will find a facilitator for the Council Relations/Council Team Building Session who will
work for a lower cost or free
. Changing venues - staff will research other suitable places for the Goal Setting Session
. Ms. Bennett will facilitate the Goal Setting Session
. Council Liaisons will solicit feedback from the Boards, Committees and Commission's prior to
the session
. The City Recorder, the City Attomey, and Department Directors will provide input prior and will
not have to attend
. Draft agenda for the Goal Setting was approved
Meeting adjoumed at 7:56 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLANU crn LVUNC1L MJ:;J::J1NI..i
December 7. 2010
Page I of9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 7, 2010
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:03 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger, and Chapman were present.
MA YOR'S ANNOUNCEMENTS
Mayor Stromberg added Homeless Outreach Discussion to the end ofthe agenda and moved all the speaker requests
related to that topic from Public Forum to that item.
Councilor NavickasNoisin mls to move Homeless Outreach Discussion to the second item under New and
Miscellaneous. DISCUSSION: Councilor Chapman expressed concern that moving the item forward could
postpone regular business on the agenda and preferred addressing the regular business first then devoting the rest of
the meeting to the Homeless Outreach Discussion. ROLL CALL VOTE: Councilor Voisin, Navickas, YES;
Councilor Lemhouse, Jackson, Silbiger and Chapman, NO. Motion failed 2-4.
Mayor Stromberg announced vacancies on the Housing Commission, the Planning Commission, and the Tree
Commission
Mayor Stromberg moved NEW AND MISCELLANEOUS BUSINESS #2 "Does the Council have questions
regarding the status of the telecommunications utility's performance against its strategic goals and
performance measures?" to item #9 on the CONSENT AGENDA with Council approval.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of November 15, 2010, Executive Session of November 16, 2010 and Regular
Meeting of November 16, 2010 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
CONSENT AGENDA
I. Will Council accept the Minutes of the Boards, Commissions, and Committees?
2. Shall Council ~pprove a Resolution declaring the Canvass ofthe Vote of the election held and for the City
of Ashland, Oregon on November 2,2010 and Mayoral Proclamation?
3. Does Council wish to approve a Liquor License Application from Daniel Flattley dba Coquina at 542 A
Street?
4. Will Council approve a request to Business Oregon (formally Oregon Economic & Community
Development Department) to modify the existing Jefferson Avenue road and bridge construction loan and
grant contract documents to reflect the reduction of project cost and revised construction completion and
repayment schedules?
5. Will Council acting as the Local Contract Review Board, approve the award of a contract to Progressive
Builders, Inc. in the amount of $228,461.51 to construct the 2010 Miscellaneous Concrete Project No. 2008-
17?
6. Does Council wish to confirm the Mayor's appointment of James Dills to the Housing Commission with a
term to expire April 30, 201O?
7. Does Council wish to confirm the Mayor's appointment of Conine Vieville to the Transportation
Commission with a term to expire April 30, 2013?
ASHLANU un L'UUNUL Mt;t..JJN(j
December 7, 2010
Page 2 019
8. Does Council have questions or input regarding the direction aud progress ofthe Water Conservation aud
Reuse Study and Comprehensive Water Master Plan?
9. Does the Couucil have questions regardiug the status of the telecommunications utility's performance
against its strategic goals and performance measures?
Councilor Jackson requested that Consent Agenda items #6 & #7 be pulled for discussion.
Couucilor Chapman/Jackson mls to approve Consent Agenda items #1-5 and #8-9. Voice Vote: All A YES.
Motiou passed.
Councilor Jackson eXplained her concern that both the Housing and Transportation Commission's were not as
balanced as they should to provide Council with good advice. She was not opposing the appointment on the
Transportation Commission but did oppose the appointment to the Housing Commission. This appointment would be
the fourth homeless advocate and the Housing Commission purview was broader than homelessness and having 4 out
of 7 members focusing on homelessness when homeless housing was not a Council goal concemed her. Council
agreed on the imbalance in both Commission; but supported the appointments for each. Mayor Stromberg planned to
have the new Council work with him on reviewing the all of the Commission's charters.
Councilor LemhouseJChapman mls to approve James Dills to the Housing Commission. ROLL CALL VOTE:
Councilor Voisin, Lemhouse, Navickas, Chapman and Silbiger, YES; Councilor Jackson, NO. Motion passed
5-1. .
Councilor Jackson/Voisin mls to approve Conine Vieville to the Transportation Commission. ROLL CALL
VOTE: Councilor Voisin, Lemhouse, Jackson, Navickas, Chapman and Silbiger, YES. Motion passed.
PUBLIC HEARINGS
I. Will Council approve the FYI2 Capital Improvement Program (CIP) Project List, the overall FYI2-17 CIP
program in concept, and the FYI2 Capital Equipment Plan after holding a pnblic hearing?
Public Hearing Opened: 7:23 p.m.
Public Works Director Mike Faught gave a presentation on the FY12 Proposed and FY12-17 Planned Capital
Improvement Program that included:
. Council Actions Requested
. CIP Planning - What is Involved
. FYII Current Year Highlights
. FYI2 Changes from Approved FY 11-16 CIP
. FYI2 CIP - Proposed Transportation Project List
. Sidewalk Construction 2011-12 - Map
. Proposed Street Improvements & LID Project List
. FY 2011/12 Maintenance Projects Overlays & Slurry Seals - Map
. FYI2 CIP - Proposed Water Fund Project List
Mr. Faught explained that two projects cut back due to revenues being down were the Talent Irrigation District (Till)
Pump Station improvements that were movedto 20]4 and the FERC Part ]2 Hosler Dam Safety Analysis that was
split $125,000 for Public Works and $125,000 by Electric. The Electric portion will start this year and Public Works
funded part will be proposed in next year's budget to help offset revenue shortfalls this year.
. FYI2 CIP - Proposed Airport and Stormwater
. FYI2 CIP - Proposed Electric Fund Project List
. FYI2 CIP - Proposed AFN/TelecomlIT Project List
. FYI2 CIP - Proposed Facilities
ASHLANU un LVUNUL Mt.t.'/JN(j
December 7. 2010
Page 3 of9
. FY12 CIP - Parks Project List
. FY12 Fiscal Impacts
o Streets 1-2% per year (plus HB 2001 $200,000 per year)
o Water Rate Impact (1-2% per year)
o Sewer Rate Impact (1-2% per year)
o Storm Water Rate impact (1-2% per year)
Mr. Faught confirmed that even with the House Bill 2001 there was still a rate impact.
. FYll Capital Equipment Purchase Plan
. Electric Car Update
o Adam Hanks - Working will ODOT, Nissan, and Toyota researching availability
o The Nissan Leaf is not available this year - Toyota Prius loaner may be available for 3-4 months
Mr. Faught eXplained there were several different factors used to determine vehicle replacement that included a
schedule. Staff crew evaluated whether they can get another year out of a vehicle as well. Vehicles were purchased
new because of heavy daily use and sold when they require replacing.
. State Transportation Improvement Plan (STIP)
. FY12-17 CIP Plan
. FY12-17 CIP Highlights - Storm Drain, Water
. FY12-17 CIP Highlights - Transportation, LIDs and Airport
. FY12-17 CIP Highlights - Wastewater
. FY12-17 CIP Highlights - Electric, AFN, Telecom, IT
. FY12-17 CIP Highlights - City Facilities and Parks
PUBLIC TESTIMONY
Joaquin Saloma/007 Reindeer Lane/Expressed frustration and incredulity that Council was discussing large
amounts of money for various projects but putting none towards housing for the homeless. He went on to thank
Councilor Navickas for bringing the homeless issue forward and the Councilors that had voted to move the item
ahead on the agenda so the homeless attending the meeting would have time to fmd a place to sleep later that evening.
Councilor Jackson noted the water system plans and the TID pump station were critical in providing safe water and
the budget process needed to find a way to fund those projects.
Public Hearing Closed: 7:43 p.m.
Councilor Jackson/Chapman m/s to approve the proposed FY12 projects, the FY12 Capital Equipment Plan
and the long-term FY12-17 Overall CIP. DISCUSSION: Councilor Silbigercommented the number of unfunded
projects would increase with many not completed and noted the amount offunds not being spent. Mayor Stromberg
added that maintaining financial stability was part of maintaining infrastructure. Councilor Lemhouse appreciated ihe
effort put into detennining what projects should be done and researching remodels versus new construction for
buildings. Councilor Voisin eXplained that after a recession municipalities recover the slowest and appreciated staff
looking at what was essential but had difficulty with the equipment replacement schedule and wanted staff to look at
electric cars and cut back on replacement. Councilor Navickasnoted the maintenance was deferred consistently over
the past four years in an effort to trim the budget and it will be tough challenge in the future to maintain infrastructure.
Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silhiger, Chapman, YES. Motion passed.
2. Should Council approve the proposed new AFN Internet Rates and Charges after holding a puhlic
hearing?
Public Hearing Opened: 7:48 p.m.
ASHLANU un LVUNUL Mt.t.llNU
December 7, 2010
Page 4 of9
IT Director Rob Lloyd explained the new rates and charges would allow Ashland Fiber Network (AFN) to expand to
businesses in addition to residential products, establish speed preferences, bandwidth consumption, and have $10
steps between products.
He confirmed that upload speed will be cut under the new plan. Most of AFN customers used the download side and
uploading was extremely under-utilized AFN wanted to focus performance on the download side where most of the
customers were utilizing it. The upload side was under-utilized with 98% coming from bit torrenl and file sharing
programs. The changes will allow users to get a faster package for a few dollars moreor save money on their existing
package. AFN will also implement caps to deal with bandwidth consumption increases. A conuTIlmity center
package will provide $9 access for customers using telephone service. The price list will also make AFN more
competitive. Internet Service Providers (ISPs) had concerns that AFN selling directly would make it harder for them
to compete. To offset those concerns, AFN added a I 65-customercap. Another concem addressed was ownership of
customers. AFN requested an agreemenl that neither side transfer nor sell a customer without the other side agreeing.
Public Hearing Closed: 7:55 p.m.
Councilor Silbiger/Jackson m/s approval of AFN Internet rates and cbarges. Roll Call Vote: Councilor
Chapman, Silbiger, Jackson, Lemhouse, Navickas, Voisin, YES. Motion passed.
PUBLIC FORUM
UNFINISHED BUSINESS
I. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Establishing Fees and Charges for Municipal Court Administration" and move the ordinance on to
Second Reading?
Interim City Attorney Megan Thornton explained the ordinance would cover the imposition of fees, allow the
adoption of the resolution that will set tJ-e fees an:! the circwnstances that warranl fee waivers. The resolution will
cover surcharges adopted by State legislatme that will continue past the sunset date if that occms. The Bench Trial,
Diversion by Municipal Court of Violations, Jury Trial, and the Installment Fee were fees that presented issues for the
Court. The Instructions for Application of Municipal Court Fees and Charges was a comprehensive list of every local
and State law fee proposed in the resolution. AsWand Municipal Court was not a court of record, there were no
recordings, or transcripts of what happened in Court. The ordinance would require some form of written finding to
track events.
Judge Pamela Turner explained the proposed ordinance would restrict and limit Court discretim. The fees for Bench
and Jury Trials, Diversion and the Installment fee would create issues for the court as well. The cumulative impact
would impede the criminal process with unreasonably high fees and interfere with a defendant's access to justice.
Judge Turner clarified Diversion cost the same as the ticket issued and depended on the type of charge. If an
individual pleaded diversion for a ticket, they would still pay a fine. The Diversion Fee would be cost recovery on a
process that took minimal time. The Installmenl Payment Fee would penalize those unable to pay their fees and rmes
in full the day their judgment was delivered If Council imposed the fees for Jury or Bench trials, Judge Turner
requested discretion to waive or lower fees based on the circwnstances of the trial. Additionally, waiving Installment
and Diversion fees would be cumbersome and complicate the court process further.
Council discussed the fees for Bench and Jury Trials, Diversion and the Installment Fee and set the fee amounts at
zero_
Staff suggested adding: ".. .may be waived or reduced in whole or in part when the Municipal Court makes a
written finding that indigents and the totality of circumstances warrants a reduction of the fee," to 4.35.030
Waiver or Reduction of Fees and Charges by the Municipal Court A., and recommended removing:". ..based on
evidence in the record..." from 4.35.030 Waiver or Reduction of Fees and Charges.by the Municipal Court C.
ASHLANU L'lJY L'UUNL'iL Mt.t.nN(j
December 7, 2010
Page 5 0[9
Ms. Thornton read the ordinance title aloud.
Councilor NavickasNoisin m1s to approve First Reading and move to Second Reading an ordinance
establishing fees and charges for Municipal Court administration with suggested changes staff put forward.
DISCUSSION: Councilor Navickas thanked Judge Turner and Council for enmring that citizen; maintained their
access to justice. Councilor Lemhouse expressed similar appreciation as well. Roll Call Vote: Councilor Silbiger,
Voisin, Chapman, Jackson, Lemhouse, Navickas, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Will Council, acting as the Local Contract Review Board, approve the award of a public contract to
Ashland Home Net for AFN Television Services?
IT Director Rob Lloyd explained the Request for Proposal (RFP) went out October 20 I 0 to 13 potential applicants
with one response that met all the criteria. An evaluation committee that included two external members with
expertise in Accounting, Law, Franchise Administration, and Rights of Way Usage awarded and recommen:led the
award to AsWand Home Net. ]t will increase revenues from approximately $120,000to $200,000annually. Currently
everything was negotiated except contract language that would allow Ashland Home Net to join a cooperative to
reduce their costs.
Councilor ChapmanlSilbiger m1s acting as the Local Contract Review Board, approve the award of the AFN
Television Services contract to Ashland Home Net. DISCUSSION: Councilor Chapman noted Ashland Home
Net had been a great partner for the City and appreciated doing business with them. Roll Call Vote: Councilor
Voisin, Jackson, Navickas, Lemhouse, Chapman, Silbiger, YES. Motion passed.
2. Does the Council have questions regarding the status of the telecommunications utility's performauce
against its strategic goals and performance measures?
Item moved to #9 on the Consent Agenda.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council approve First Reading of an ordinance titled, "An Ordinance Relating to Reimbursement
Districts and Adding Chapter 13.30" and move the ordinance on to Second Reading?
Public Works Director Mike Faught explained Special Council Pam Beery's firm reviewed the ordinance and made
substantial changes to the code that made the application easierto read and apply. Changes included initial whereas
clauses giving Council and the City authority to move forward with Advanced Financing, definitions added and
deleted and a purpose clause removed The application process was clarified and the staff analysis was renamed the
City Engineers Report. Other clarification; were the reimbursement amount, Council action, the reimbursement
agreement, payment requirements and language was removed regarding property liens. The ordinance retained the
Advanced Finance District being set for] 0 years and provided a I O-year extension option. The developer would carry
the debt and receive reimbursements as the City collected funds. ]f the City were the developer, it would carry the
debt and reimburse itself.
Interim City Attorney Megan Thomton read the ordinance title aloud.
Councilor VoisinlNavickas m1s to approve first Reading of the ordinance and set second reading for December
21, 2010. Roll Call Vote: Councilor Navickas, Voisin, Jackson, Silhiger, Chapman, and Lemhouse, YES.
Motion passed. .
2. Will Council approve First Reading of an ordinance titled, "An Ordinance Relating to Adopting New
Building And Structural Codes, Amending AMC Chapter ]5 Building Codes, and Repealing AMC
15.04.180,15.08.020,15.08.040,15.08.050, 15.08.060,15.08.070,15.16.020 Through 15.16.220, 15.16.250
Through 15.16.320, AND 15.16.360 Through 15.16.370 " and move the ordinance on to Second Reading?
Interim City Attorney Megan Thomton explained the amendments to the code reflected current Oregon State law.
ASHLANU un LUUNUL Mt:t.DNli
December 7, 2010
Page 6 of9
Repealed items were duplicative of State law or any of the specialty codes. In addition, the moving building section
would require a bond incase of damage to City property. Failure to pay an Administrative fine would be a Class I
Violation Ms. Thomton noted corrections would be made to remove a higWighted question and renumber
paragraphs under 15.08.060 Permit Requirements for Moved Buildings accordingly.
Councilor Navickas/Jackson mfs to approve first reading of the ordinance and set the matter for second
reading with the noted changes. RoD CaD Vote: Councilor Jackson, Lemhouse, Chapman, Navickas, Silbiger,
Voisin, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
I. Will Council approve the Mayor's Signature on a letter to Senator Merkley regarding support for
performance hased planning?
Mayor Stromberg moved the item to the December 2],2010 meeting with Council consent.
2. Homeless outreach discussion.
Councilor Navickas expressed concern the City was in violation of the Eighth Amendment by continuing to cite
people violating the camping ban without providing adequate housing. He referenced a case in the City of Los
Angeles where the Ninth Circuit Court ruled against arresting people sleeping without providing them with adequate
shelter.
He requested the City grant a stay on further citations for people violating the Camping Ban. He also asked Council
to direct the Housing Commission to move forward on addressing homeless issues and to give the City's Housing
Program Specialist discretion to work on homeless issues beyond the 10% limitation specified in the Housing Work
Program.
Puhlic Testimonv
Thomas Marr/955 North Mountain Avenue/Had lived in the Rogue Valley since 1977. He honored Pearl Harbor,
current and past veterans, Elizabeth Edwards, and John Thierry. He was a forester and the idea of pushing people out
deeper into the watershed was ridiculous. Ashland seemed to work under a sundown law where the police tell people
to leave the City limits to camp and he found that not only offensive but thought it was illegal and held Council
responsible. He also thought it was federally unconstitutional. State law mandated the City must address a homeless
issue once it was identified City law required 24-hour notice to campers and he had not heard of anyone getting a 24-
hour notice to vacate. He shared his p,ersonal experience of the police busting up campers. He concluded byotTering
to take in one homeless individual for every 10 people the City sheltered
Joshua 'Zero' Scott/Explained it was difficult getting a job if a person cannot sleep. Sleep was essenlial to being
healthy as well as being dry. It was a disappointment when the Interfaith Care Community of Ashland (ICCA) closed.
Since the ICCA closed, it was extremely difficult, the winters were hard and many people were sick. Homeless
people needed a place to sleep that was safe, warm, and dry. This was not about "us versus them" it was alxlUt the
ordinance. He recognized it was complicated but needed to be addressed
Daniel Rueff/Shared he had lived in Ashland 20 years as a homeless advocate and commented that nothing had
changed during that time. Prejudice against the homeless had gone on far too long and the homeless needed a strong
advocate. People were freezing and starving to death all around Ashland. He wanted the homeless to be able to sleep
legally without fear or anxiety.
Stephanie Joy/Spoke of witnessing and experiencing harassment against homeless people that she considered
extreme. This was a human rights issue and bigger than homeless people needing shelter. She was currently sick from
lack of sleep. She hoped Council would consider everything being said and recognize that ticketing people sleeping
was anti-American and something that should be dealt with now not later.
Critter Satellite/Was honored to be before the Council and as a memrer of the community for almost 3 years. He
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December 7, 2010
Page 70f9
had sowed seeds in AsWand, planted trees, harvested food that was delivered to many households and was a true
"AsWander." He was only asking for a sleeping spot. Everyone has the same rights and he asked everyone to stand up
for each other's rights, to sleep and to just "be."
William Hayes/517 South Grape Street #]/Stated that he volunteers in the park every Sunday to help feed people.
His volunteer group also distributes sub-zero sleeping bags that people in the community donate in addition to food.
Since there was no shelter in Ashland, homeless people should at least be able to sleep without being harassed. Often
the sleeping bags given to the homeless are confiscated He has sent people to the Police Department to claim their
bags but these individuals come back and tell him the police were not holding the bags, could not find them, and did
not know where they were. He stressed homeless people needed to be treated with respect. We as a commlll1ity
should want to tell the world around us that Ashland cares about their poor and homeless. He asked Council to let the
homeless sleep. Stop harassing them and issuing tickets.
Michael Erickson/Quoted Thomas Jefferson, "I believe that banking institutions are more dangerous to our liberties
than standing armies. If the American people ever allow private banks to control the issue of their currency, first by
inflation, then by deflation the banks and corporations that will grow up around will deprive the people of all property
until their children wake up homeless on the continent their fathers conquered. The issuing power should be taken
from the banks and restored to the people to whom it properly belongs." Council must now address the fundamental
absurdity of people being criminalized for the act of sleeping in public places. He urged Council to grant the people
the right to sleep and be guided by the compassionate principles of freedom. The people were calling for a Town Hall
to address the issues ofhomelessness and poverty.
Nancy Boyer/425 Normal/Explained she was empathetic with the homeless but not sympathetic and questioned as
an older citizen what 'home free' meant. Was it a mindset the younger generation had that things were free? She
shared her own experience of how she managed odd jobs when she did not have money and commented people were
not interested in working. She suggested Councilor Navickas let the homeless sleep and work on his farm ifhe
wanted to advocate for them. She concluded by wondering who was watching all the dogs during this discussion and
how could they afford to feed the dogs.
Thomas Wells/Explained the homeless wanted to be seen as equals. They did not want to be demeaned but wanted
to work on resolving the issue. There were many smart people, reading City law and looking for ways to work
together. The homeless were not asking for shelter just a designated area to sleep between I ] :00 p.m. and 7:00 a.m.
The homeless were willing to work with Council and wanted a Town Hall meeting.
John Gilmore/Explained he was a transient in Ashland and had received three tickets in the past two months for
sleeping. He believed the homeless should have an allotted time at night to sleep without the fear of being harassed
Tom Crimmins/Shared he had been homeless for 13 years. The Interfaith Care Community of Ashland (ICCA) was
somewhat successful then failed. Many homeless people could not physically handle walking out to Immigrant Lake
or the watershed. There needed to be solutions closer to town for people unable to walk that far. He suggested a
Commission or entity of possibly three homeless people and three City staffto help establish standards in camps like
no fires during fire season, taking care of trash as well as sanitary facilities. Someone the Police can go to or who can
go to the Police. The homeless also needed opportunities to be part of the workfOlce in Ashland. Currently there was
only one shower facility on Mondays and that was not conducive for someone wanting to work.
Jonathan Nelson/Explained he was currently a transient in Ashland and stated it was unjust and inhumane to demand
money from someone who has no source of income, for sleeping at night. The ordinance was directed at the
homeless. Making a law that targets a specific group of people was discrimination and it needed to stop.
Duane Roe/Shared he was dying of cancer and was homeless in Ashland because of personal reasons. He had the
right to sleep regardless of his problems. Without sleep, it was hard to get motivated to find work. The homeless
were not looking fora free place to sleep or a hand out, just a time to sleep without being harassed There were other
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December 7, 2010
Page 8 of9
tickets, crimes, and laws the commlIDity should be worried about, not sleeping.
Tim Kennedy/Explained he had been in the hospital four times in the past year. He had nowhere to go after being
discharged. He has to walk 3 miles out of town to sleep without antagonizing police. He debated whether to attend
the meeting or catch the last bus to his campsite. He acknowledged there was not an easy solution and there was a lot
of diversity involved with different types of people . Putting a ban on police citations until a better solution was found
would be helpful. Winter storms were coming and people just want to be able to pitch their tents, but where was the
problem. They needed a temporary shelter to get out of the elements until the issue was resolved
Robert Fisber/Stated the homeless were that way for different reasons. Some did not have families and at the end of
day liked to come together as a family. He observed that when the homeless came together, there was more of a
police presence. He addressed earlier testimory on getting jobs and eXplained how difficult it was w~n there was
only one shower a week.
Sbaron Schroer/Explained she was currently not homeless but there was times when she was and noted that Ashland
was one of the safe places for young women to be homeless. The kids in Ashland help push out people selling drugs
and void out aggression She would appreciate the harassment of people sleeping to stop.
Lisa SmidtlWhen a person gets a ticket for sleepng, they have to stick arolll)d for the court date. With no place to
sleep, that person is at risk to incur more tickets. It was ridiculous.
Michael Majcbrzak/894 Blackberry Lane/Stated most people think of the homeless asan embarrassmert. They
were intimidating, and people really want to give them a couple of dollars and hope they go away. The public
testimony gave an eloquence that put a new face on homelessness. These people were asking for the minimum
comfort of life to sleep and be warm. Tonight everyone was hearing the humanness for another segment of
population relegated to the bottom 2% that could rattle your cage with their eloquence. He was humbled and glad to
support them.
Wendy Wallace/Shared that currently her brother was homeless in Seattle. She talked to homeless people and loved
them because they did not judge her and she had not experienced that with non-homeless people. She appreciated the
stay on issuing citations to people when they were trying to sleep. That homeless people have difficulties is not an
excuse to blame.them for being homeless. She expressed her appreciation to Council for actively listening. She
marched for civil rights where people were rejected and hurt because they looked different and considered scary
because of that difference. She applied that reaction oflooking different to the homeless.
John MaurerILived in AsWand for 35 years and during that time watched the homeless problem come and go. He
thought the term homeless defied definition and was too troad. When Ashland had the resources to rouse people,
there were still homeless issues. Some homeless people were impoverished psychologically, socially, and culturally
and not by their choice. People want to interact with society for a variety of reasons but have to live by society's law,
and the law is on the record The law can be changed but there will always to people who want to be in society but do
not want to live with society.
Mark Annis/8S0 Hopkins Road, Central Point/Comes to AsWand every Sunday to help feed and clothe the
homeless and those that are hungry. He knows and loves these people and was called to help them. If everyone came
together and contributed a small amount, it would not be difficult to resolve this situation. He talked to the homeless
and the people who have businesses and noted they were onboard with helping anyway they can. We as a community
cannot continue to tum a blind eye and hope they go away or fine people who have no money.
Ralph Temple/ISO Myer Creek Road/Spoke on behalf of the Southem Oregon Chapter of the American Civil
Liberties Union (ACLU) and appeared before Council October 21,2008 on this same issue. At that time, the ACLU
presented a report on Decriminalizing Poverty Reform of Ashland's Camping Ordinance and he urged Council to read
it. In 2006, the US Court of Appeals for the Ninth Circuit Court of Appeals issued a ruling in City of Los Angeles vs.
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December 7. 2010
Page 9 0[9
Jones. ACLU sued the City of Los Angeles for issuing citations to homeless persons camping. The court ruled it was
a violation of US Constitution under the Eighth Amendment because sleeping is a biological necessity and you cannot
punish poverty or status. The City of Los Angeles entered into an agreement that between the hours of9:00 p.m. and
6:00 a.m. it would not enforce its anti sleeping ban until it provided an additional 1,250 shelters. ACLU proposed
Council suspend the enforcement of the camping ban until the City provided 50 beds.
Jeff/Thought ticketing people trying to sleep was obscene. He noted Councils earlier discussion on appointing a
member to the Housing Commission who was a homeless advocate. He wanted to know how Council would deal
with the homeless.
John ProwselReferred to the officer who lost his home during the Oak Knoll fire who subsequently became
homeless. He shared experiences ofliving in Ashland when he was young. The camping ban law was ridiculous. He
stressed the need to come together and help each other. He went on to describe his personal losses and experiences.
Nothing could change these losses but something could be done about the problem in Ashland.
Joaquin SalomalExplained he had lived in AsWand for 30 years and the camping ban was written in 1995. Current
Councilors did not put this law into effect and were not obligated to hold the torch for those who did. Council has the
power to show the people this is not the old AsWand. He hoped Council remembered when AsWand was open
hearted and had a teen center for kids and a Conummity Center, there were more meals available during that time and
no one was getting hurt. He urged Council to abolish the ordinance instead of putting a stay on citations.
Kirk/Corner of Pioneer and MainlExplained earth was his home. His word was equal to Council's word and if
Council failed to honor that, there was no honor in them. His conditions were share the earth, and stop the
harassment. The City was hurting people with their indifference and incredulity. The absolute ease to which the City
dismissed and censured people he found distasteful, odious, and very hard to palate. He invited Council to sit down
and reason. He asked everyone to use his or her intelligence and pizza buying ability to sit down and have some fun
instead of this nonsense.
Councilor NavickasNoisin m/s to continue item to the December 21, 2010 meeting. DISCUSSION: Councilor
Lemhouse requested staff provide a response regarding the ACLU lawsuit in Los Angeles. City Administer Martha
Bennett will forward the October 21, 2008 minutes to Council. Roll Call Vote: Councilor Voisin, Navickas,
Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed.
Councilor Navickas asked Council to direct the Housing Commission to look into homeless issues during their retreat.
Councilor Lemhouse suggested the Housing Commission write down what they thought the goals should be and
Council could address them when they discussed homelessness in the New Year. Mayor Stromberg explained he was
attending part of their retreat to discuss what their position was on homelessness.
ADJOURNMENT
Meeting was adjourned at 10:28 p.m.
Dana Smith, Assistant to the City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
November 9, 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:
Larry Blake
Michael Dawkins
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Staff Present:
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
April Lucas, Administrative Supervisor
Absent Members:
None
Council Liaison:
Eric Navickas, absent
ANNOUNCEM ENTS
Commissioner Marsh noted the vacancy on the Planning Commission and encouraged interested citizens 10 submit
applications to the Mayor's office, Commun ity Development Director Bill Molnar announced the second workshop for the
Pedestrian Places Project IMII be held on December 8, 2010 at7 p.m. at the Ashland Middle School.
CONSENT AG ENDA
A. Approval of Minutes
1. October 12, 2010 Planning Commission Minutes.
Commissioners Dotterrer/Morris mls to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 8-0.
PUBLIC FOR UM
Colin Swales/143 Eight Street/Shared his concerns regarding the guest opinion written by Commissioner Marsh that was
published in the Daily Tidings regarding the AT&T action. Mr. Swales stated this article indicates prejudgment and believes
such strong opinions should have been declared before the Planning Commission's deliberations as part of the ex parte and
bias disclosures, He added he was disappointed to see such a strongly worded statement from the Planning Commission
chair.
Commissioner Marsh clarified she does not have an iPhone, and stated she was speaking on her own behalf and nowhere in
the article did it mention that she is a membe r of the Planning Commission.
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2010-00993
SUBJECT PROPERTY: 400 Allison Street
APPLICANT: Heiland Hoff, Architect for owner Robin Biermann
DESCRIPTION: A request for a Conditional Use Perm~ to exceed the Maximum Permitted Floor Area (MPFA)
w~hin a Historic District by 8 percent or 155 square feet. The project consists of demolishing the existing 1,144
square foot non.historic/non-contributing duplex building and constructing a new two-story 2,023 square foot
Ashland Planning Commission
November 9. 2010
1"890 1 of 7
dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the
demolition proposal subject to this land use approval.) The application also includes a request for a Tree
Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater.
COMPREHE NSIVE PLAN DE SIGNA TION: Low Densijy Multi.Family Residential; ZONING: R- 2; ASSESSOR'S MAP
#: 391E 09 SO; TAX LOT: 14200
Commissioner Marsh read aloud the. public hearing procedures for land use hearings.
Ex Parte Contact
No ex parte contact was reported by any of the commissioners.
Staff ReDort
Associate Planner Derek Severson presented the staff report and provided a brief recap of this action. He noted both staff and
the Historic Commission had recommended this action be continued in order to allow the applicant time to address concerns
that were raised. Mr. Severson briefly reviewed the changes that were made to the design. He stated staff believes the
applicant has done a good job of addressing the issues that were raised and are recommending approval with the conditions
outlined in the staff report.
ADDlicant's Presentation
Heiland Hoff/Applicant's ArchijectlMr. Hoff thanked the Commission for allowing him to come back and provided a review
of the design elements that were changed. He stated their proposal has been modified as follows:
. Decreased foyer size by 175 sq. ft. and added 179 sq. ft of porch space.
. Decreased the size of the stairs and landing.
. Removed the hexagon tower.
. Large gables were replaced by smaller gables, and forms were broken into smaller, varied masses.
. Moved the kitchen to the back of the house and moved the pantry to allow windows along Gresham St.
. Created traditional front and back porches, and added a door to the back porch.
. Eliminated the door facing Gresham and moved the primary entry to Allison St.
Commissioner Rinaldi requested clarification about the Maple trees proposed for removal, and stated he does not see how
these would be impacted by construction. Mr. Hoff stated originally the only trees proposed for removal were those that
abutted the foundation, but when this action went before the Tree Commission, the Commission asked the applicant to
consider removing the Maple trees because they are unhealthy.
Commissioner Marsh noted the Historic Commissio.n's recommendation for the windows in the garage to be squared off and
Mr. Hoff clarified he is fine with this. She also asked about the use of alternative pavers for the garage driveway and Mr. Hoff
stated they have discussed this possibility and would welcome a recommendation from the Commission.
Public Testimonv
Colin Swales/143 Eight Street/Stated the applicant did a good job addressing the concerns that were raised, but stated there
are still a couple things that should be looked at. Mr. Swales questioned how the grade change and gables would affect
compliance with the solar ordinance, and also questioned if the garage could be modified. He stated there are no other
garages or driveways on that street and recommended a reduction to the garage frontage.
Mr. Severson clarified the proposal does confirm with the City's Solar Ordinance.
Rebuttal bv the ADDlicant
Mr. Hoff stated the house is set 20 ft. back from the property line, so even in the longest day in June, a shadow will not be cast
on the neighboring properties.
Commissioner Marsh closed the public hearing and the record at 7:45 p.m.
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Novembor 9.2010
paqe 2 of 7
Deliberations/Decision
Commissioners Dotterrer/Rinaldi mls to approve PA-2010-00993, including the Historic Commission's
recommendation on the windows. DISCUSSION: The architect and owner were commended for the changes that were
made to their proposal. Dawkins stated the plan is considerably better, but still voiced concern with the garage and stated he
is saddened that the existing duplex will be taken out of use. Dotterrer stated this proposal meets the criteria, but this is not
the house the owner wanted and stated the new design is mediocre. Marsh echoed the praise shared for the architect's
changes and voiced her hope that they will look at other alternative materials for the driveway.
Roll Call Vote: Commissioners Morris, Miller, Blake, Dawkins, Mindlin, Rinaldi, Dotterrer and Marsh, YES. Motion
passed 8-0.
Commissioners Morris/Dawkins mls to approve the Findings with the typographical change to the square footage.
Voice Vote: all AYES. Motion passed 8.0.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2010.01239
SUBJECT PROPERTY: 59-85 Winburn Way
APPLICANT: Urban Development Services, LLC agents for Jonathan & Esther Phelps
DESCRIPTION: A req uest for a Comprehensive Plan Map Amendment and Zone Change from Single Family
Residential (R.1-7.5) to Commercial Downtown (C.l.D), Physical & Environmental Constraints Review Permit,
Tree Removal Permit to remove five trees, Sne Review approval to construct a new 10,632 square foot
cafe/restaurant, and a Development Agreement for the four properties located at 59.85 Winburn Way.
EXISTING COMPREHENSIVE PLAN DESIGNATION: Sin gle Family Residential; PROPOSED COMPREHENSIVE
PLAN DESIGNATION: Commercial Downtown; EXISTING ZONING: R-1-7.5; PROPOSED ZONING: C.l.D;
ASSESSOR'S MAP #: 39 lE 09 BC; TAX LOTS: 2500, 2501, 3000 & part of #39 lE 09 TL 100.
Ex Parte Contact
Commissioners Mindlin, Rinaldi, Dawkins, Dotterrer, Morris and Marsh declared site visits. Commissioner Morris noted he is
working on a project with this project's architect, but does not believe he has a conflict of interest. Commissioner Marsh noted
she had participated last spring in two charrettes for this site, but this was prior to a submittal being developed and she
believes she is able to judg e this application on its merits. Commission er Dawkins requested the Sneak Preview article written
on this project be included in the planning action record.
Staff Report
Associate Pia nner Derek Severson presented the staff report and provided an overview of the proposal. He explained the
properties involved in the zone change request are the vacant lot adjacent to the City's Co mmunity Development building,
Pioneer Hall, the Community Center, the existing building at 85 Winburn Way, and the City parking lot that houses the ice
skating rink. He explained the proposal before the Commission is to rezone these properties from R-1.75 zoning (Single
Family Residential) to C-1-D (Commercial Downtown); demolish the existing building and accessory structures at 85 Winburn
Way; and construct a new 10,632 sq. ft. cafe/restaurant in its place. He stated along with the new cafe/restaurant building, the
proposal includes developing public plaza spaces, reconfiguring the City parking lot to gain additional parking spaces, plaza
space improvements to Pioneer Hall, and constructing a small building for the City's Parks Department that would house office
space, staking equipment, public restrooms, and the Zamboni machine.
Mr. Severson reviewed the three criteria for a Type III application and explained the Commission will need to compare the
benefits this application provides with its impacts. He stated two items in particular that staff recommends they consider are: 1)
the design of the structure, including the impacts to the Winburn Way streetscape and the Granite Street properties, and 2) the
impact on area parking. In regards to the parking element, Mr. Severson suggested they consider an in-lieu of parking fee and
provided some additional information on this concept. He stated it is also important for the Commission to remember they are
dealing with historic properties and recommended they consider the potential for a transition of use and what might be
inappropriate uses for this site.
In terms of staff recommendations, Mr. Severson stated staff is recommending the zone change be limited to 85 Winburn
Way, and that the Commission determine if in.lieu of parking fees are needed, and if so to what degree. In terms of site
Asf1land Planning Commission
November 9. 2010
, Page 30f7
review, the physical and environmental constraints permit, and tree removal; staff is recommending this application be
continued to next month to allow the applicant's time to prepare the physical and environmental constraints su bmitlals for
severe constraints lands, and bring forward any other information the Com mission feels is necessary to make a decision. In
regards to the development agreement, staff suggests the Commission's recommendation to Council include limiting the site
development to the building that is proposed, limiting the uses to those they find to be compatible, and addressing the
construction timing and staging.
Questions of Staff
Staff was asked to clarify the public improvements that would be provided by the applicant. Mr. Severson clarified the following
items are listed in the applicant's proposal: 1) improvements to the Pioneer Hall courtyard with a new seating wall, 2) a new
skating rink facility to house the Zamboni machine, public restrooms, Parks offices, and skate storage, and 3) widening the
sidewalks and creating an unloading zone on Winburn Way. Mr. Severson confirmed there is adequate lof area to
accommodate the proposed skating rink structure and stated if this proposal is approved, this eleme nt would come back as a
separate application.
Mr. Severson clarified the uses that are permitted in the C-1-D zone and recommended the Commission discuss what uses
they believe would be appropriate for this site, and stated these could be forwarded to the Council and included in the
development agreement.
Comment was made questioning if it is possible to postpone the applicant's submittal of the physical constraints reports. Mr.
Severson clarified it is a requirement of the application that they demonstrate the hillside slope is appropriate for development;
however, the conditions are currently worded to allow this to be deferred to when the development agreement goes before the
City Council.
Mr. Severson commented further on the in-lieu of parking fees and clarified there is opportunity to deal with this in the
development agreement. He stated if a parking fee is established, this funding could go towards parking improvements,
transportation improvements, or means of reducing congestion downtown.
Comment was made questioning the lack of bicycle parking in this proposal. Mr. Severson clarified the applicant is proposing
to provide four spaces in front of the building, and noted there is no requirement for vehicle or bicycle parking in the C-1-D
zone. He added if the Commission feels more bicycle parking is needed, they could recommend that the applicant add more.
Comment was made questioning how this building might impact the homes on Granite Street. Mr. Severson stated it appears
the roof is at the same level as the top of the slope; however, it is difficult to tell exactly how this build in g might im pact those
homes. He suggested the Commission request this information from the app licant.
Mr. Severson clarified the development agreement is the appropriate devise to restrict the uses of the building, and if an in-lieu
of parking fee is establish, the development agreement would need to outline what those funds would be used for.
ADDlicant's Presentation
Mark Knox/Applicant's Representative/Mr. Knox addressed the Commission and provided several exhibits, including a
model of the proposed building and surrounding structures. Mr. Knox reviewed the model and commented on how this entire
project is geared toward public pedestrian places. He noted the stepped walls that are proposed for Pioneer Hall, the widened
sidewalks, and the public plaza areas. He commented on the building that would accommodate the public restrooms, skate
rental equipment, and the Zamboni machine; and clarified they do not yet have plans for this, but they are committed to
building this facility. Mr. Knox stated the Historic Commission unanimously approved this application and noted they have also
met with the neighbors and they are supportive.
Carlos Delgado/Project Arch itectJAdd ressed the Commission and noted the plaza space requirement is roughly 1062 sq. ft.,
but they have proposed 2300 sq. ft. of plaza space, of which 1,200 is on the ground floor and is covered. He stated he does
not know of any other space in Ashland that has this kind of protection for the public. Mr. Delgado noted the additional public
space on the upper levels of the building, and commented on the transparency of the building.
AsflfawJ Planning Commission
November 9. 2010
paqe 4 of?
Don Sever/Project Designer/Stated the term 'lodge' was one that came up early in the process and his feeling was this
building had to feel like it was part of lithia Park. He noted the stucco material that will allow vines to grow up it, and noted the
inclusion at the green roof. Mr. Sever commented on the craftsman's lodge feel of the building and noted the use of stone,
liver rock and timbers. He stated the top ca nopy would be made of rusted steel and noted the light shaft that will penetrate the
entire building.
Mr. Knox concluded his presentation and stated this whole project was designed around creating public space. He stated this
building is the opposite of most commercial buildings in Ashland and stated 65% of this building would be common
area/corridor area, and only 35% is retail/restaurant space.
Questions of the ADDlicant
Comment was made questioning why the application includes the zone change for the other lots. Mr. Knox stated as a planner
you want to look at things comprehensively and noted the challenges shared by the lots. However, if the Commission wants to
remove those lots from the application, he stated they are fine with that.
Comment was made questioning to what extend the building is plivate versus public. Mr. Knox stated like any other
commercial building in the downtown, the interior spaces would only be accessible during business hours; however the
exterior plaza spaces would be open to the public year round. He also clarified the proposed use for this building is a
restauranl/coff~e shop.
Comment was made voicing concern with the parking needed to accommodate people coming for dinner. Mr. Knox stated
they believe most pea pie who visit this site would be coming to the downtown anyway, and in general the parking demand is
not going to be greatly increased by this proposal. He stated their goal is to create an environment where most people are
walking, and noted they are directly across from the biggest parking lot in town.
Mr. Knox was asked to comment on the bicycle parking and he explained they do have bike racks proposed for the front of the
building. He added they are willing to explore adding additional parking and possibly doing something more unique as to not
disruptive the streetscape.
Public Testimonv
Ronald Doyle/945 Hill view Dr/Stated he has seen many projects come to town, but this is one of the most exciting. Mr.
Doyle stated he does not believe all of the parcels should be included in proposed C-1-D zoning, but voiced his support to
applying this zone to the project site and extending it up to Nutley. He also commented on restricting the uses on this property
and stated the development agreement is the appropliate vehicle to do that.
Lisa Beam/400 Liberty StiStated she and her husband operate two businesses in the downtown and staled this is an
impressive project, but they do have concerns with the parking. Ms. Beam stated in order to operate a service business
people need to be able to access the property and requested the Commission request a traffic study prior to their final
decision. She stated their second concern pertains to the timing of the construction and questioned how this would negatively
impact the downtown merchants and anyone using Winburn Way.
Commissioners Miller/Dolterrer m/s to extend the public hearing to 10:00 p.m. Voice Vote: all AYES. Motion passed
8-0.
Dick & Mary Mastain/227 Granite StiStated they own two homes on Granite Street and one is directly behind the dirt parking
lot. Mr. Mastain stated the addition of this project would be very advantageous to the City, but voiced concern with the height
of the buildings that would be allowed under the rezone. He stated the downtown zoning allows for building up to 40 ft. high,
and although the applicant is proposing less, he requested the applicant provide elevation drawings that show how the rezone
would impact the lots above on Granite St.
Claudia McAlliste r/395 Strawberry Ln/Stated she owns a downtown business and voiced her concerns with this project.
She questioned if any of the hillside would be disturbed during construction and also voiced concern with the buildings height
and the potential impacts to the Granite St residents. Ms. McAllister stated there are lots of restaurants and coffee shops in
As/J/and Planning Commission
November 9.2010
Page 5 of 7
Ashland and questioned if this town co uld support another venue of this sort. She voiced concern with potential road closures
during the building's construction and also noted the ice rink is only in use for four months out of the year. Ms. McAllister
voiced support for having something at this site, but feels the size of this project is too large.
Jack Deckwar/343 Neil Creek Rd/Stated he and his wife owned this property in the late 1990s and thinks this proposal is a
gift that the City would be silly to pass on. Mr. Oeckwar stated when they owned this building the conditional use permit and
zoning designation made it more than difficult for them to make a profit. He stated the current building and zoning does not
lend itself to a successful business and voiced his full support for this proposal. He added that there are no restaurants in the
downtown that have adequate parking and stated customer parking at this location was never a problem for them.
Maye Viknius/254 Wilson Rd/Stated she is the current owner of this site and noted this has always been used as a
commercial property. Ms. Viknius stated businesses have had trouble succeeding at this location because of the zoning and
stated she does not believe parking is a concern because this site has always been used as a business. She stated it would
be unfair to pass the burden of public parking onto a single business owner and believes this is a great project that Ashland
would really benefit from.
Colin Swales/143 Eight StreetIVoiced his concern with this project's emphasis on the ice skating rink and noted most of the
year this is a parking lot. He commented on the development agreement and stated the City needs to ensure they get back
some of the value they are giving to the owners by granting the zone change. Mr. Swales also noted the flood of 1997 and
voiced his surprise that the applicant has located all of their mechanical equipment in the basement.
Doug Irvine/2113 Emigrant Creek RdlVoiced his support of the project and stated this is a fantas tic opportunity for the City.
He stated this is a ch ance to show the entrepreneurism world that Ashland is open for business and noted that he a nd his wife
drive into Ashland twice a week and never have any parking issues. He added they understand they might not be able to park
directly in front of their location and might need to walk a little, but this is a good thing and means business is good.
Letters submitted by Mike & Lisa Walker and Alex Krach were read aloud and Commissioner Marsh clarified these have been
added to the record.
Commissioners DotterrerlDawkins mls to extend the public hearing to 10:30 p.m. Voice Vote: all AYES. Motion
passed 8-0.
Rebuttal bv the Applicant
Mark Knox/Stated they have no issues with pulling out the other properties from the zone change, but requested they not
remove the ice rink lot. He explained due to different setback requirements, excluding the adjacent ice rink property would
require them to redesign the entire building. Mr. Knox clarified the appropriate uses for this site would be addressed in the
development agreement, and in regards to parking encouraged them to think outside the box and not require surface parking
or parking structures. He noted other business in the downtown are not required to provide vehicle or bicycle parking, and this
proposal includes bike parking as well as many public amenities. He suggested the City develop a universal mechanism to
address the downtown parking issue, and stated the applicant believes it is unfair to be singled out. He also clarified the flood
of 1997 did not affect this property at all, and noted the FEMA maps show it outside of the 100-year floodplain.
Commissioner Marsh closed Ihe public hearing at 10:15 p.m.
Commissioner Marsh noted staffs recommendation to continue this hearing to their next meeting and asked the
commissioners to share any final questions they have. Commissioner Ootterrer asked for staffs opinion about including the
ice rink/parking lot in the zone change. Mr. Molnar stated of all the properties this is the least problematic because public
parking is a permitted use in the downtown zone. He also concurred with Mr. Knox and stated there would be setback issues if
the adjacent parking lot is not rezoned. Commissioner Mindlin voiced interest with in-lieu of parking fees that are proportionate
to what other downtown properties have made through the sunseted tax mechanism. Mr. Severson clarified the mechanism
referred to by Commissioner Mindlin was a parking surcharge that was added to monthly utility bills at a rate of $1.00 per
space based on parking demand. In this case, it would be $48 a month over the course of 10 years, which would result in
approximately $6000. '
Ashland Planning Commission
November 9. 2010
Page 6 of 7
Commissioner Marsh closed the record at 10:20 p.m.
Commissioner Dawkins requested staff provide language for the development agreement that would limit the uses of the
building should the restauranUcoffee shop fail, and provide some assurance that this would not turn into an indoor mall. Mr.
Severson noted the applicant's have provided an initial draft of their proposed limitation on the uses and stated this might be a
good starting point. Commissioner Miller requested additional information on how this proposal might impact the hiilside and
asked if they applicant couid answer this without having to go through the costly process of the P&E report. Commissioner
Mindlin requested elevation drawings that show how this building might impact the Granite Street homes.
Commissioner Dawkins/Mindlin mls to continue this hearing to the December 14, 2010 Planning Commission
Meeting. Voice Vote: all AYES. Motion passed 8.0.
ADJOURNMENT
Meeting adjourned at 10:25 p.m.
Respectfully submffted,
April Lucas, Administrative SupelVisor
Ashland Planning Commission
November 9. 2010
Page 7 of 7
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
December 21,2010 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb@ashland.or.us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from Donald Senestraro dba Paddy
Brannan's Irish Pub at 23 S 2nd 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 I
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
December 21,2010 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Question:
Does the Council wish to approve a Liquor License Application from Dee Vallentyne dba Smithfields
Restaurant & Bar at 36 S 2" Street? .
Barbara Christensen
christeb@ashland.or.us
None
Consent
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for a new license.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page I of 1
~~,
CITY OF
ASHLAND
Council Communication
Annual Review of Investment Policy for the City of Ashland
Meeting Date: December 21,2010 Primary Staff Contact: Barbara Christensen
Department: City Recorder/Treasurer E-Mail: christeb@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: Consent
Question:
Will the City Council conduct annual review and accept the current City of Ashland Investment
Policy?
Staff Recommendation:
Approve City of Ashland Investment Policy.
Background:
This policy was reviewed and approved by the City Council in November 2009 to meet current Oregon
Revised Statutes pertaining to investment of municipal funds.
The City of Ashland Investment Policy has been reviewed by the Investment Officer and there are no
suggested changes.
Related City Policies:
The policy states that it shall be reviewed on an annual basis by the Investment Officer and the City
Council.
Council Options:
Approve/Disapprove review of City of Ashland lnvestment Policy.
Potential Motions:
Motion to approve/disapprove City of Ashland Investment Policy.
Attachments:
. City of Ashland Investment Policy
Page I of 1
~~,
City of Ashland Investment Policy
Revised November 2009
Page 1 of7
CITY OF ASHLAND, OREGON
INVESTMENT POLICY
I. POLICY STATEMENT
It is the policy of the City of Ashland to invest public funds in a manner which will provide the
highest investment retum with the maximWTI security while meeting the daily cash flow demands
of the entity and conforming to all state and local statutes goveming the investment of public
funds.
II. SCOPE
This investment policy applies to actlvll1es of the City of Ashland and Ashland Parks &
Recreation in regard to investing the financial assets of all funds except for funds held in trust for
deferred compensation funds for the employees of the City of Ashland. In addition, funds held by
trustees or fiscal agents are excluded from these rules; however, all funds are subject to
regulations established by the State of Oregon. Other than bond proceeds or other unusual
situations, the estimated portfolio size ranges from $15,000,000 to $24,000,000.
These funds are accounted for in the City of Ashland's Comprehensive Annual Financial Report
and include:
General Fund
Special Revenue Funds
Capital Projects Funds
Debt Service Funds
Enterprise Funds
Intemal Service Funds
Trust & Agency Funds
Funds of the City will be invested in compliance with the provisions of all applicable Oregon
Revised Statutes. Investments of any tax-exempt borrowing proceeds and any related Debt
Service funds will comply with the arbitrage restrictions in all applicable Intemal Revenue Codes.
III. OBJECTIVES AND STRATEGY
The primary objectives, in priority order, of the City of Ashland's investment activities shall be:
I. Legality. This Investment Policy will be in conformance with federal laws, state statutes,
local ordinances, and internal policies and procedures.
2. Liquidity. The City of AsWand's investment portfolio will remain sufficiently liquid to
enable the City of Ashland to meet all operating requirements which might be reasonably
anticipated.
3. Diversification. Diversification of the portfolio will include diversification by maturity and
market sector and will include the use of multiple broker/dealers for diversification and
market coverage.
4. Yield. The City of Ashland's investment portfolio shall be designed with the objective of
attaining a market rate of retum throughout budgetary and economic cycles, commensurate
with the City of AsWand's investment risk constraints and the cash flow characteristics of the
portfolio. "Market rate of retum" may be defined as the average yield of the current three-
City of Ashland Investment Policy
Revised November 2009
Page 2 of7
month U.S. Treasury bill or any other index that most closely matches the average maturity of
the portfolio.
Effective cash management is recognized as essential to good fiscal management. Cash
management is defined as the process of managing monies in order to ensure maximum cash
availability. The City shall maintain a comprehensive cash management program that includes
collection of accounts receivable, and the management of banking services.
IV. STANDARDS OF CARE
I. Delegation of Authority. Authority to manage the City of Ashland's investment program is
delegated to the City Recorder/Treasurer and Administrative Services Director who are the
designated investment officers of the City and are responsible for investment decisions and
activities, under the review of City Council. The day to day administration of the cash
management program is handled by the City Recorder/Treasurer or by, the Administrative
Services Director in the absence of the City Recorder/Treasurer.
Management responsibility for. the investment program is hereby delegated to the City
Recorder/Treasurer and Administrative Services Director, who shall establish written
procedures for the operation of the investment program consistent with this investment policy
and subject to review and adoption by City Council. Procedures should include reference to:
safekeeping, PSA repurchase agreements, wire transfer agreements, banking service contracts
and collateral/depository agreements. Such procedures shall include explicit delegation of
authority to persons responsible for investment transactions. No person may engage in an
investment transaction except as provided under the terms of this policy and the procedures
established by the City Recorder/Treasurer and Administrative Services Director. The City
Recorder/Treasurer and Administrative Services Director shall be responsible for all
transactions undertaken and shall establish a system of controls to regulate the activities of
subordinate officials.
2. Prudence. The standard of prudence to be used by investment officials shall be the "prudent
person" standard and shall be applied in the context of managing an overall portfolio. These
standards states: "Investments shall be made with judgment and care, under circumstances
then prevailing, which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering the
probable safety of their capital as well as the probable income to be derived."
3. Limitation of Personal Liability. The Investment Officer acting in accordance with written
procedures, the investment policy and in accord with the Prudent Person Rule shall not be
held personally liable in the management ofthe portfolio.
4. Ethics and Conflict of Interest. Officers and employees involved in the investment process
shall refrain from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial investment
decisions. Employees and Investment Officers shall disclose any material financial interests
in financial institutions that conduct business within this jurisdiction, and they shall further
disclose any large personal financial/investment positions that could be related to the
performance of the investment portfolio. Employees, officers, and their families shall refrain
from undertaking personal investment transactions with the same individual with whom
business is conducted on behalf of the City, Officers and employees shall, at all times,
comply with the State of Oregon, Government Standards and Practices Commission, code of
ethics set forth in ORS Chapter 244.
City of Ashland Investment Policy
Revised November 2009
Page 3 of7
IV. AUTHORIZED AND SUITABLE INVESTMENTS.
1. Authorized Investments. All investments of the City shall diversified by type, maturity and
issuer. Before any transaction is concluded, to the extent practicable, the Investment Officer
shall solicit and document competitive and offers on comparable securities. When not
practicable, the reasons should be similarly documented. At all times the Investment Officer
will strive for best execution of all transactions. Additionally, if reasonably unanticipated.
events cause the portfolio limits to be exceeded, the Investment Officer will take the steps
necessary to correct the situation as soon as practicable. Investments may be sold at a loss
when the Investment Officer deems that such a decision is prudent.
2. Suitable Investments.
a. U.S. Treasuries
b. Agencies and Instrumentalities of the United States.
C. Savings and Demand Accounts (Oregon depositories only)
d. Time Certificates of Deposit (Oregon depositories only)
f. Banker's Acceptances (Oregon issued)
g. Corporate Debt
h. Municipal Debt (States of Oregon, Califomia, Idaho and Washington only)
I. Oregon Local Government Investment Pool (LGIP)
The specific permitted securities are defined under Oregon Revised Statutes Chapters 294.035,
294.040, 294.046 and 294.810. (See Addendum A) Collateral requirements are bank deposits,
time deposits, certificates of deposit and savings accounts are defined in ORS Chapter 295. (See
Addendum B)
V. INVESTMENT PARAMETERS
1. Diversification. The City will diversify the investment portfolio to avoid incurring
unreasonable risks, both credit and interest rate risk, inherent in over investing in specific
instruments, individual financial institutions or maturities.
Diversification Constraints on Total Holdings:
ISSUER TYPE
U.S. Treasury Obligations
% of portfolio
Up to 100%
U.S. Government Agency Securities and
Instrumentalities of Government Sponsored Corp.
Up to 75% and 25% per issuer
Bankers' Acceptances (BA's)
Up to 25% and 15% per issuer
Certificates of Deposit (CD)
Up to 35% and 5% of deposiis per
institution
Municipal Debt
Up to 35% and 10% per issuer
Corporate Debt (AA, AI, PI)
Up to 25% and 5% per issuer
State of Oregon Investment Pool Securities
ORS Limit 294.810
The investment officers will routinely monitor the contents of the portfolio comparing the
holdings to the markets, relative values of competing instruments, changes in credit quality, and
City of Ashland Investment Policy
Revised November 2009
Page 4 of7
benchmarks. If there are advantageous transactions, the portfolio may be adjusted accordingly,
but not to exceed % as stated.
2. Investment Maturities. The City will not directly invest in securities maturing more than
three (3) years from the date of purchase.
a. The maximum weighted maturity of the total portfolio shall not exceed 1.5 years. This
maximum is established to limit the portfolio to excessive price change exposure.
b. Liquidity funds will be held in the State Pool or in money market instruments maturing
six months and shorter. The liquidity portfolio shall, at a minimum, represent six month
budgeted outflow.
. C. Core funds will be the defined as the funds in excess of liquidity requirements. The
investments in this portion of the portfolio will have maturities between I day and 5 years
and will be only invested in high quality and liquid securities.
Total Portfolio Maturitv Constraints:
Under 30 days
Under 90 days
Under 270 days
Under I year
Under 18 months
Under 3 years
10% minimum
25% minimum
50% minimum
75% minimum
80% minimum
100% minimum
Exception to 3 year maturity maximum: Reserve or Capital Improvement Project monies may be
invested in securities exceeding three (3) years if the maturities of such investments are made to
coincide as nearly as practicable with the expected use of the funds.
Due to fluctuations in the aggregate surplus funds balance, maximum percentages for a particular
issuer or investment type may be exceeded at a point in time subsequent to the purchase of a
particular issuer or investment type may be exceeded. Securities do not need to be liquidated to
realign the portfolio; however, consideration will be given to this matter when future
reinvestments occur. .
VII. SAFEKEEPING, CUSTODY AND AUTHORIZED DEALERS
I. Safekeeping and Custody of Securities. The laws of the state and prudent treasury
management require that all purchased securities be bought on a delivery versus payment
basis and be held in safekeeping by the City, or the City's designated depository.
All safekeeping arrangements shall be designated by the Investment Officer and shall list
each specific security, rate, description, maturity, and cusip number. Each safekeeping
receipt will clearly state that the security is held for the City or pledged to the City. In
addition, repurchase requirements including Master Repurchase Agreements shall be in place
prior to any business being conducted.
2. Authorized Financial Dealers. The Investment Officer shall maintain a list of all
authorized brokers/dealers and financial institutions that are approved for investment
purposes or investment dealings. Any firm is eligible to make an application to the City
of Ashland and upon due consideration and approval will be added to the list. Additions
and deletions to the list will be made at the discretion of the Investment Officer. To be
eligible, a financial institution must meet at least one of the following three criteria:
City of Ashland Investment Policy
Revised November 2009
Page 5 of7
a. Be a primary dealer ofthe Federal Reserve Bank of New York; or
b. Report voluntarily to the F.R. B. of New York; or
c. Affirm that it has met the securities dealers' capital adequacy requirements
of the F.R. B. of New York continuously for the preceding 12 months.
At the request of the City of Ashland, the firms performing investment services shall provide
their most recent financial statements or Consolidated Report of Conditions for review.
Further, there should be in place, proof as to all the necessary credentials and licenses held by
employees of the brokers/dealers who will have contact with the City of Ashland as specified
by, but not necessarily limited to the Financial Industry Regulatory Authority (FINRA),
Securities and Exchange Commission (SEC), etc.
All dealers with whom the City transacts business will be provided a copy of this Investment
Policy to ensure that they are familiar with the goals and objectives of the investment
program.
If the City hires an investment advisor to provide investment management services, the
advisor is authorized to transact with its direct dealer relationships on behalf of the City. A
list of approved dealers must be submitted to the Investment Officer prior to transacting
business.
3. Competitive Transactions. The Investment Officer will obtain telephone, faxed or emailed
quotes before purchasing or selling an investment. The Investment Officer will select the
quote which best satisfies the investment objectives of the investment portfolio within the
parameters of this policy. The Investment Officer will maintain a written record of each
bidding process including the name and prices offered by each participating financial
institution.
The investment advisor must provide documentation of competitive pricing execution on
each transaction. The advisor will retain documentation and provide upon request.
VIII. CONTROLS
I. Accounting Method. The City shall comply with all required legal provisions and Generally
Accepted Accounting Principles (GAAP). The accounting principles are those contained in
the pronouncements of authoritative bodies including but not necessarily limited to, the
Governmental Accounting Standards Board (GASB); the American Institute of Certified
Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB).
Pooling of Funds: Except for cash in certain restricted and special funds, the City will
consolidate balances from all funds to maximize investment eamings. Investment income
will be allocated to the various funds based on their respective participation and in
accordance with generally accepted accounting principles.
2. Internal Controls. The City will maintain a structure of internal controls sufficient to assure
the safekeeping and security of all investments.
The Investment Officer shall develop and maintain written administrative procedures for the
operation of the investment program that are consistent with this investment policy.
City of Ashland Investment Policy
Revised November 2009
Page 6 of7
Procedures will include reference to safekeeping, wire transfers; banking services contracts,
and other investment related activities.
The Investment Officer shall be responsible for all transactions undertaken.
No officer or designee may engage in an investment transaction except as provided under the
terms of this policy and the procedures established by the Investment Officer and approved
by the Council.
3. External Controls. The City of Ashland may enter into contracts with extemal investment
management firms on a non-discretionary basis. These services will apply to the investment
of the City's short-term operating funds and capital funds including bond proceeds and bond
reserve funds.
If an investment advisor is hired, the advisor will comply with all requirements of this
Investment Policy. The investment advisor will provide retum comparisons of the portfolio
to the benchmark on a monthly basis. Exceptions to the Investment Policy must be disclosed
/
and agreed upon in writing by both parties. The Investment Officer remains the person
ultimately responsible for the prudent management of the portfolio.
Factors to be considered when hiring an investment advisory firm may include, but are not
limited to:
a. The firm's major business
b. Ownership and organization of the firm
c. The background and experience of key members of the firm, including the portfolio
manager expected to be responsible for the City's account
d. The size of the firm's assets base, and the portion of that base which would be made up
by the City's portfolio if the firm were hired
e. Management Fees
f. Cost Analysis of advisor
g. Performance of the investment advisory firm, net of all fees, versus the Local
Government Investment Pool or other benchmarks over a given period of time
IX. PERFORMANCE EV ALVA nON AND REPORTING
The investment portfolio shall be designed with the objective of obtaining a rate of retum
throughout budgetary and economic cycles, commensurate with the investment risk constraints
and the cash flow needs.
The city's investment strategy is active. Preservation of capital and maintenance of sufficient
liquidity will be considered prior to attainment of market retum performance. A market
benchmark will be determined that is appropriate for longer term investments based on the City's
risk and retum profile. When comparing the performance of the City's portfolio, all fees and
expenses involved with managing the portfolio shall be included in the computation of the
portfolio's total rate ofretum. This would include any in-house management of the funds, as well
as outside management.
The Investment Officer shall prepare monthly and quarterly compliance summary reports that
provide details of the investment portfolio, as well as transaction details for the reporting period.
Details shall be sufficient to document conformity with the provisions of the statutes and this
City of Ashland Investment Policy
Revised November 2009
Page 7 of7
investment policy and shall include a listing of individual securities held at the end of the period.
All investments owned will be marked-to-market monthly by the City's third-party custodian.
The performance (total retum) of the City's portfolio will be measured against the performance of
the Local Government Investment Pool (LGIP) and the yield of the 91-day U.S. Treasury Bill.
X. INVESTMENT POLICY ADOPTION BY GOVERNING BODY
This investment policy will be formally adopted by the City Council. The policy shall be
reviewed on an annual basis by the Investment Officer and the City Councif. Material revisions
to this policy will require a review by the Oregon Short Term Fund Board, pursuant to current
Oregon Revised Statutes.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Amendment No.2 to Agreement No. 25537
Regarding Excess ARRA Funds
December 21,2010 Primary Staff Contact:
Public Works E-Mail:
Finance Secondary Contact:
Martha Benne Estimated Time:
James Olson
olsonj@ashland.or.us
Michael R, Faught
Consent
Question:
Will the Council approve an agreement to allocate Ashland's remaining $6,735 in unexpended
American Recovery and Reinvestment Act (ARRA) funds to the City of Medford?
Staff Recommendation: '
Staffrecommends approval of an agreement to allocate the remaining $6,735 in unexpended Ashland
ARRA funds to the City of Medford for completion of their ongoing ARRA project the Barnett Road
Pedestrian Bridge. Ashland's ARRA projects were all completed on time and under budget and have
since been approved, accepted and closed-out with a final fund balance of$6,735, ARRA funds can
only be used for previously approved qualifying projects and since Ashland no longer has an active
ARRA project the funds cannot be used by Ashland.
Background:
Executive Summarv
A final financial audit by ODOT of the original $438,791 ARRA allocation to Ashland for the Ashland
City Streets Pavement Overlay Project revealed that $6,735 remained as unexpended funds, These
funds may only be used for approved ARRA projects and if no other agency in the MPO can utilize the
funds they are returned to the State. Ashland cannot use these funds as the ARRA projects are all
complete and were fully funded. Medford's Barnett Road pedestrian bridge project is, however,
eligible to receive much needed additional ARRA funding.
ARRA History
On April 7, 2009 the Council approved two IGAs with ODOT to fund two ARRA public works
projects, The first project was a special 120 day allocation, for which the City was the only local
agency to receive funding. This $200,000 grant funded the Hersey Street sidewalk reconstruction
project which was completed last year.
The second grant was for a street overlay project which is also complete, The grant for the overlay
project was for $438,791. The City's acceptance of the ]20 day allocation grant required that both
projects be developed and bid on a fast-track basis. Both grants carried strict time schedules in all
phases of the project development and the City was able to meet all deadlines, The benefit for the fast-
tracked projects was that we were the first of all Southern Oregon agencies to bid and as a result
received very competitive bids, ultimately resulting in some unexpended funds,
Page I of2
~~,
CITY OF
ASHLAND
A contract for the overlay project was awarded to Knife River Materials, Inc. (formally L TM, Inc.) and
included overlays of parts ofIowa Street, Laurel Street and Nevada Street. The Hersey Street project
was completed by Copeland Construction.
Amendment No. I
In November of2009 a preliminary review by ODOT of the completed Pavement Overlay Projects
indicated that approximately $22,183,71 remained as unexpended ARRA funds. On December I,
2009 the Council approved Amendment No. I to the ARRA funding agreement which provided for a
fund exchange between the City of Ashland and Josephine County where the County would receive
$22,] 83.7] in ARRA funds in exchange for $20,852,69 in county funds. These funds are currently
being used to construct sidewalk access ramps on Iowa Street between South Mountain Ave. and
Wightman Street. This exchange used the established fund exchange rate of94 percent. In this
manner both agencies received benefit from' the unexpended funds rather than turn these funds back to
the State.
Amendment No, 2
ODOT's final financial audit which reviewed all expenditures including construction, engineering and
administration costs indentified a final unexpanded amount $6,735.00 which would also revent back to
the State if another ARRA project within the MPO could not be identified. Fortunately Medford's
Barnett Road Pedestrian Bridge project is an authorized ARRA project and Ashlands unexpended
funds can be channeled into that project. Approva] of Amendment No.2 would authorize ODOT to
allocate the remaining $6,735 to the City of Medford for use on that project.
Related City Policies:
The City, through its City Council, is empowered to enter into agreement with other governmental
agencies regarding acceptance of grants and other offers.
Council Options:
. Council may approve the attached amendment to ARRA Agreement No. 25537;
. Council may reject the attached amendment to ARRA Agreement No. 25537 and allow the
unexpended funds to return to the State.
Potential Motions:
. Move to approve the attached amendment to ARRA Agreement No. 25537 to allocate $6,735
to the City of Medford.
. Move to reject the attached amendment to ARRA Agreement No. 25537 and allow unexpended
funds in the amount of$6,735 to return to the State.
Attachments:
Amendment No.2
Page 2 of2
~~,
Misc. Contracts and Agreements
No. 25537
AMENDMENT NUMBER 02
LOCAL AGENCY AGREEMENT
American Recovery and Reinvestment Act of 2009
1-R Paving
Ashland City Streets: Pavement Overlay',
City of Ashland '
The State of Oregon, acting by and through itsp~'pa~fT1~nt of Transportation,
hereinafter referred to as "State", and the City of Ashland, aCting by and through its
elected officials, hereinafter referred to as "Agency:', :entered into an' Agreement on April
22, 2009, and Amendment 1 on January 8, ?Q10. Said Agreemeiij~overs a 2-inch
pavement overlay in accordance with 1 R guidelines for Agency streets,
, ,
It has now been determined by State and Age~cythattl1eAgreement referenced above
shall be amended to reduce the total ARRA funding by $6,735. The $6,735 will be applied
to Medford's ARM project, Agreemen\No, 25515. Except as expressly amended below,
all other terms and conditions of the Agreement are still in full force and effect.
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TERMS OF AGREEMENT, Paragraph~, Page 2 ""hich reads:
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2, The Project shall be,c;onducted as partofihe ARRAProgram under Title 23, United
States Code. Ttgdotal project cost is estimated at $416,607, which is subject to
change. ARR/\f'rogram fund~ for this project shall be limited to $416,607. The
Project will be financed withp.,RRA funds at 100 percent of the maximum allowable
federal participating,amo~nt.AgimcY'''Yillnot be required to provide a match for the
ARRAJurlc:lsblJt will, be fesponsible for any non-participating costs, including all
costs)nexcessof the available federal funds, No ARRA funded invoices will be
C1(;(;~pted and noARRA fund~? payments will be made after September 30,2015.
Shall be delete~ in its entirety and replaced with the following:
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2. The Projeci'shi:lllbi'lc:ollducted as part of the ARRA Program under Title 23, United
States Code. The total project cost is estimated at $409,872, which is subject to
change. ARRA Program funds for this Project shall be limited to $409,872, The
Project will be financed with ARRA funds at 100 percent of the maximum allowable
federal participating amount. Agency will not be required to provide a match for the
ARRA funds but will be responsible for any non-participating costs, including all
costs in excess of the available federal funds. No ARRA funded invoices will be
accepted and no ARRA funded payments will be made after September 30, 2015.
Agency/State
Agreement No. 25537-02
This Amendment may be executed in several counterparts (facsimile or otherwise) all of
which when together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Amendment so executed shall constitute an original.
THE PARTIES, by execution of this Agreement, hereby acknowledge that each. Party
has read this Agreement, understands it, and agrees to bei:lound by its terms and
conditions. ,',' ",
This Project is in the 2008-2011 Statewide TransportCitiqhilniprovement Program, (Key
#16518) that was approved by the Oregon Tran~p'ortaiion Coiiinii!ision on November
14, 2007. ,', ',' ,,' "
The Oregon Transportation Commission on pecember 29, 2008, approved Delegation
Order No.2, which authorizes the Director to approve af:)(jexecute agreenients for day-
to-day operations. Day-to-day operations includethose''lctivities required to implement
the biennial budget approved by the legislature, inClu(jing activities to execute a project
in the Statewide Transportation Impro,vemEtnt Program.,
- ...... -.
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On September 15, 2006, the DireCtorofthe9r(!gon DEipCirtment of Transportation
approved SubdelegationOr(jer No. 2"paragraph2,if:) which day-to-day authority is,
delegated to the Deputy Director, Highways, which includes the authority to approve
and sign agreements up to $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Progr<im.
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2
Agency/State
Agreement No. 25537-02
City of Ashland, by and through its
elected officials
By
Date
By
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Agency Counsel
Date
Aqencv Contact:
Mike Faught, Public Works Director
20 East Main St. '" " , "
Ashland, OR 97520 ,
faughtm@ashland.or,'us
(541) 552-2411 " "
State Contact: ,
Kelli SparKman'
ODQl"l:.ocal Agency,Uaison
100-,,(llelope Rd ' ,
White City, OR 97503
Kelli.sparkman@odot.state.or.us
(541) 77<4'69P , '.
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STATE OF OREGON, by and through
its Department of Transportation
By
Highway Division Administrator
Date
APPROV A!,. RECQMMENDED
By
Loc~IG6vernment Section Manager
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Date
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APPROVED AS TO LEGAL
SUFFICIENCY
'By, "
As~i~Wll,ll.ttorlleyGeneral
, pate:
':ORPIN Contact:
Jeanette Denn
Agreement Coordinator
3500 NW Stewart Parkway
RDseburg, OR 97470
jeanette.m.denn@odot.state.or.us
(541) 957-3508
3
CITY OF
ASHLAND
Council Communication
Approval of a Public Contract for Parkin~ Enforcement & Administration
Meeting Date: December 2], 2010 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Bennet Estimated Time: Consent Agenda
Question:
Will the City Council, acting as the Local Contract Review Board, approve the award of a public
contract to Diamond Parking for Parking Enforcement & Administration Services?
Staff Recommendation:
Staff recommends that the public contract be awarded to Diamond Parking.
Background:
The sourcing method for this public contract is a Competitive Sealed Proposal/Request for Proposals,
The RFP was mailed to six (6) recipients and the City received two (2) proposals in response to the
RFP. An evaluation committee consisting of three City employees scored each proposal in accordance
with the evaluation criteria established within the RFP. The RFP Evaluation Summary is attached for
your reVIew,
The evaluation committee is recommending the public contract for Parking Enforcement &
Administration be awarded to Diamond Parking, Under the terms of the proposed contract, the
contract will be awarded for a period of three (3) years, with the option of two (2) one-year extensions,
for a maximum term of five (5) years,
Related City Policies:
Section 2.50.070 Procedure 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:
Council Options:
City Council, acting as the Local Contract Review Board, can approve (or decline) the award of a
public contract to Diamond Parking.
Potential Motions:
City Council, acting as the Local Contract Review Board, can move to approve (or decline) the award
of a public contract to Diamond Parking,
Attachments:
RFP Evaluation Summary
Page 1 of I
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CITY OF
ASHLAND
Council Communication
A Resolution Adopting a Supplemental Budget Establishing Appropriations within
the 2010-2011 Budget
December 2],20]0 Primary Staff Contact:
Administrative Services E-Mail:
Police, Fire De ents Secondary Contact:
Martha Benne Estimated Time:
Meeting Date:
Department:
Secondary Dept.:
Approval:
Lee Tuneberg
tuneberl@ashland.or,us
Terry Holderness, John Karns
Consent
Question:
Should Council approve a resolution adjusting the FY 20] 0-2011 Budget to create appropriations and
authorize expenditures for unanticipated expenses during this year?
Staff Recommendation:
Staff recommends approval of the attached resolution.
Background:
There are three ways in which to change appropriations after the Budget is adopted,
]. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget ofless than] 0 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations.
3, A supplementa] budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing.
A supplemental budget is needed to adjust the FY 2010-2011 budget.
This is the SECOND supplemental budget of this fiscal year. It is for the items on the attached
resolution, described as follows:
A. To recognize $] 1,000 in OACP grant monies dedicated to Police Department seatbelt
enforcement and DUll enforcement activities in the General Fund.
B. To recognize $9,000 from the Blackstone fundraising for a thermal imaging camera, $12,716 in
FEMA reimbursement on the Siskiyou fire and a $2,500 ODOT grant for car seats for the
General Fund.
C. To recognize a $50,000 grant in the Water Fund from the Oregon Department of Forestry for
fuels reduction in the urban interface.
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request and a staff member from the department is available to answer questions,
Related City Policies:
Compliance with Oregon Budget Law
Page 1 of2
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CITY OF
ASHLAND
Council Options:
Council may accept this supplemental budget request as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
I make a motion to approve the attached resolution adopting a supplemental budget for FY 2010-201]
for the purposes specified.
Attachments:
Resolution
Legal notice
Police Department memo
Fire Department memo
Page 2 of2
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RESOLUTION NO. 2010-
c
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET
ESTABLISHING APPROPRIATIONS WITHIN THE 2010-2011 BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or mor,e of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires ,prompt action.
c. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to adopt a
supplemental budget, establishing the following additional
appropriations:
General Fund
Appropriation:
Police Department
$] 1.000
$] 1.000
Resource:
,]ntergovernmental Revenues
$] 1.000
$] 1.000
To appropriate $] ] ,000 of Grants received. Both grants are from the Oregon Association of
Chiefs of Police. The first grant is $7,000 for seatbelt enforcement and the second grant for
$4,000 which is for DUll enforcement.
Appropriation:
Fire Department
$24.2] 6
$24.2] 6
Resource:
Intergovernment~1 Revenues
$24.2] 6
$24.2]6
To appropriate $24,2]6 of Grants and,reimbursements received. The first grant is $9,000
from Blackstone fundraiser for a thermal imager. $12,7]6 is from Jackson County Fire
Page I of2
District #5, this is FEMA Funds for 75% reimbursement for the Siskiyou fire. The last grant
is $2,500 /Tom ODOT for car seats.
Water Fund
Appropriation:
Forest Lands Division
$50.000
$50 000
Resource:
Intergovernmental Revenues
$50.000
$50.000
To appropriate $50,000 of a grant received for Oregon Department of Forestry Grant for
fuels reduction in the urban interface.
TOTAL ALL FUNDS
/
$85.216
$85.2] 6
SECTION 2. All other provisions of the adopted 20] 0-20]] BUDGET not specifically
amended or revised in this Supplemental Budget remain in full force and effect as stated therein.
SECTION 3. This resolution was duly PASSED and ADOPTED this day of December,
2010 and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of December, 2010:
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 2 of 2'
Public Notice of Supplemental Budget
A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of
Oregon, for the fiscal year July 1, 2010 to June 30, 2011, will be considered at the Civic Center,
1175 East Main Street, Ashland, Oregon as part of the City's regular business on December 21,
2010, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained
on or after December 13, 2010 at the Administrative Services Department, 20 East Main,
Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m.
A summary of the supplemental budget is presented below.
GENERAL FUND Resou rcas Requirements
Intergovernmental Revenues-Grants $ 11,000
Police Department $ 11,000
Intergovernmental Revenues-Grants $ 24,216
Fire Department $ 24,216
TOTAL GENERAL FUND $ 35,216 $ 35,216
WATER FUND
Intergovernmental Revenues-Grants $ 50,000
Forest Lands Division $ 50,000
TOTAL WATER FUND $ 50,000 $ 50,000
TOTAL ALL FUNDS $ 85,216 $ 85,216
To recognize grant monies received for the Police Department expenditures for overtime to be
included in the General Fund. To recognize grant monies received for the Fire Department
expenditures including overtime, thermal imaging camera, infant and child safety seats to be
included in the General Fund, To recognize grant monies for urban interface fuels reduction will
be included in the Water Fund.
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
October 7,2010
Lee Tuneberg, Director of Administrative Services & Finance
Terry Holderness, Police Chief
Grant A ward
Today the Police Department was notified that we received two grant awards from the Oregon
Association of Chiefs of Police. One award was for $7,000 to pay officer overtime to engage in seatbelt
enforcement. The other award was for $4,000 to pay officer overtime to engage in DUll enforcement.
.
Ashland Police Department
1155 E Main 51
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541481.5111
Fax: 541488.5351
='j. ,
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
December 6,20]0
Lee Tuneberg, Finance Director
John Karns, Fire Chief
Supplemental Budget
Ashland Fire and Rescue is requesting the following items to be presented in a supplemental budget for
our department. They represent additional revenues or grant opportunities that we will be utilizing in
our operations, They are as follows:
. $9,000 from a fund raiser that Blackstone Audio conducted for Ashland Fire and Rescue and
Jackson County Fire District #5 in September of this year. This money will go specifically for
the purchase of a thermal imaging camera for placement on our first-in district 2 engine,
. $12,7]6 from Jackson County Fire District #5. This is a FEMA payment for partial
reimbursement for personnel and equipment provided to Jackson County Fire District #5 for the
Siskiyou Fire of September, 2009. These funds will help to offset some of the overtime incurred
for the recent Oak Knoll Fire.
. $2500 for an Oregon Department of Transportation grant for infant and child safety seats.
Ashland Fire and Rescue purchased car seats and provided certification training for several
members of the department. This grant reimburses AF&R for those costs.
. $50,000 for an Oregon Department of Forestry grant. The' Department of Interior Bureau of Land
Management offers National Fire Plan Grant funds to the Oregon Department of Forestry for the
purpose of urban interface fuels reduction. This grant will help property owners fund fuels
reduction work in Ashland.
If you have any questions on the above please contact me.
,.
AshlClld Fire and Rescue
455 Sisk~ou Blvd,
Ashland, Oregon 97520
WWN_ashland.or.us
Tel: (541) 482.2170
Fax: (541) 488.5318
m: (800) 735.2900
~~,
CITY OF
.ASHLAND
Council Communication
Resolution re~ardin~ a Modification of Street Pennant Policy & Standards
Meeting Date: December 2],2010 Primary Staff Contact: Adam Hanks
Department: Administration E-Mail: adamlalashlandoLus
Secondary Dept.: Public Works Secondary Contact: Mike Faught
Approval: Martha Benne Estimated Time: Consent
Question:
Will Council approve the attached resolution modi tying the size of street pennants allowed to be
installed within the previously approved pennant placement zones?
Staff Recommendation:
Staff recommends that Council approve the attached resolution modifying the size of street pennants
allowed to be installed within the previously approved pennant placement zones.
Background:
Street Pennants are vertically oriented, one-piece fabric material installed on street light poles.
Banners are horizontally installed and may be attached to independent poles, buildings or street light
poles.
The existing standards, policies and fees for the installation of pennants were approved by the City
Council on February 2, 2010 and are detailed in the attached resolution 2010-01. The standards and
policies provided specifications on the size, content, material and location of pennants, along with an
updated permit application and fee schedule.
Proposed Modification
Resolution 20 10-0 I created five pennant placement zones where street pennants were eligible for
installation. With the exception of the A Stl4thSt zone, all zones were limited to the large format
pennants, primarily because those zones contained street poles large enough to install the large format
pennants.
Southern Oregon University submitted a permit application for the installation of street pennants in the
median along the section of Siskiyou Blvd that the campus has frontage. In the review of the
application materials, it was discovered that the street light poles on Siskiyou Blvd currently do not
meet the structural requirements to withstand the wind loads created by the street pennants, regardless
of the type of material used.
After collectively reviewing possible solutions, SOU proposed to instead install pennants that meet the
small format specifications on the smaller "Sternberg" style pedestrian scale street lights located in the
parkrow on the north side of Siskiyou Blvd.
The SOU request meets all requirements of the existing standards and policies, with the exception of
the Siskiyou/Education pennant placement zone that limits the installations to large format pennants.
Page I 01'2
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CITY OF
ASHLAND
The proposed resolution attached modifies the previous resolution to make both large and small format
pennants eligible for installation in the Siskiyou/Education pennant placement zone. All other
standards and policies remain unchanged,
Related City Policies:
Ordinance 2989 - Establishment of standard forms for right-of-way regulation & donation or loan of
functional items
Resolution 2009-29 - Minimum standards for functional items placed in the public right of way
Resolution 2009-37 - Permit fees for installation of functional items in the public right of way
Resolution 2010-01 - Minimum Standards, Fees & Program Policy
,Council Options:
I) Approve Resolution 2010-XXX to include small format pennants as an eligible installation type in
the Siskiyou/Education pennant placement zone
2) Move resolution 201 O-XXX off of the consent agenda to allow for additional information and/or
questions of staff prior to making a decision.
Potential Motions:
N/A - Consent
Attachments:
Resolution
Page 2 of2
~~,
RESOLUTION NO. 2010-
A RESOLUTION AMENDING MINIMUM STANDARDS
FOR FUNCTIONAL ITEMS - PENNANTS,
WHEREAS, on July 21,2009, the Ashland City Council adopted Ordinance #2989 "An
Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way
Regulation and Providing For Donation or Loan of Functional Items", and
WHEREAS, on October 20, 2009, the Council approved Resolution 2009-29, adopting inter
alia, minimum standards for functional items placed in the City right-of-way, and
WHEREAS, on December IS, 2009, the Council approved Resolution 2009-37, adopting inter
alia, certain fees and charges for functional items placed in the City right-of-way, and
WHEREAS, on February 3, 20]0, the Council approved Resolution 2010-01 adopting additional
minimum standards and fees for functional items - Street Pennants, and
WHEREAS, the Council wishes to amend minimum standards, authorized locations,
administrative policy guidelines, and associated pennant placement zone designations for street
pennants by allowing the installation of small pennants in the Siskiyou Educational Zone
designation.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. The adoption of Right-of- Way Encroachment Guidelines is authorized under AMC
13.03. The "City of Ashland Street Pennant Specifications and Requirements" attached hereto as
Exhibit A are hereby adopted and incorporated by this reference. .
SECTION 2. The Pennant Placement Zone Map attached hereto as Exhibit B is hereby adopted
and incorporated by this reference as the exclusive list of authorized locations for placement of
pennants in the City of Ashland.
SECTION 3. The "City of Ashland Street Pennant Policy and Guidelines" attached hereto as
Exhibit C is hereby adopted and incorporated by this reference to provide guidance for the
exercise of administrative discretion in accepting and rejecting proffered donations or loans of
specified functional items.
SECTION 4. Table B of Resolution 2009-37 is hereby amended to add the following additional
fees and charges for functional items:
Loaned functional item: [Pennant] application fee $125.00*
*Bracket purchase and installation charge (if applicable) will be collected prior to
issuance of the permit and is not required at the time of submittal.
Page I of II
SECTION 5. Resolution 2010-0]is hereby repealed in its entirety.
SECTION 6. This resolution was duly PASSED and ADOPTED this'
,2010, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of December, 2010.
day of
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 2 of II
Exhibit A
City of Ashland
Street Pennant Specifications and Requirements
Pennant Construction Specifications
There are two approved pennant sizes: a larger size for the overhead street lights and a
smaller size for the pedestrian scale lights. Pennant installation must be consistent with
the street light type, i.e. a small pennant will not be approved to be installed on the large
overhead street light.
. Large Pennant Size - 136" in height, 48" in width, 4" pockets for connection with
bracket *
. Small Pennant Size - 36" in height, 18" in width, 2" pockets for connection with
bracket *
All approved pennants shall be manufactured/constructed using large format ink jet
printing on two sides of heavy duty mesh vinyl material approved and listed for
indoor/outdoor use, A listing of pennant manufacturers used by previous pennant
applicants will be generated and maintained by the City of Ashland for future applicant
reference.
Pennant Installation Guidance
Street Pole Options
There are two types of poles where pennants may be installed; the large overhead
street lights (cobras) and the shorter pedestrian scale light poles (Sternbergs), The A
St/4th St Zone is limited to small pennant installation (see pennant construction
specifications for details). The Siskiyou Educational Zone allows for both large and
small pennant installations, while all other zones allow only large pennant installation.
Many of the larger street lights are fitted with double horizontal brackets for pennant
installation. Others do not have the necessary brackets for hanging pennants.
Approved permit requests for pennant installation on poles without existing brackets
may include a one time bracket purchase and installation charge and will require 4 to 6
weeks prior to installation for ordering and installing the new brackets.
Pennant Duration
The Downtown Zone Map contains two designated locations for short term pennant
installations (less than two months) with the remainder reserved for long term
Page 3 of II
installations (greater than six months). All other zones allow only long term
installations. The Downtown Zone is limited to a maximum of three unique pennant
messages at any time.
The City of Ashland reserves the right to exclude specific pole locations for certain
periods of time for other non-pennant City/Community Uses, such as holiday
decorations.
Installation/Removal Requirements
Installation and removal of the individual pennants are the responsibility of the permit
holder. Any contractor hired to install/remove pennants must meet the pre-qualification
requirements of the City of Ashland Public Works Dept and may be required to obtain
Oregon Department of Transportation (ODOT) lane closure permits depending on the
location and method of installation/removal.
The short term event permit holder is responsible for the removal and reinstallation of
the existing pennant in their approved location and any coordination required to
accomplish the task.
Pennants must be removed by the applicant on or before the expiration date of the
permit. Applicants may be charged with removal costs if not removed by the date listed
on the permit and may not be eligible for future pennant installation approval.
Additional Maintenance I Insurance Standards
In addition to and not in lieu of other applicable functional item requirements:
Pennants must at all times be maintained in a visually appealing manner, which is the
sole responsibility of the permit holder. Pennants in disrepair must be maintained,
replaced, or repaired, An individual pennant is defined as in disrepair when it is loose,
frayed, torn, fallen, discolored or faded
The City, at its discretion, may contact permit holders requesting they repair or remove
pennants that are not adequately maintained. Additionally, the City has the authority to
remove any pennants that it determines pose a safety risk to the public, with or without
prior notice, with costs of such actions being billed to the applicant.
The Applicant shall have Commercial General Liability (CGL) Insurance with minimum
limits of $~OO,OOO per occurrence, $1,000,000 aggregate'. By endorsement, the CGL
policy shall name the City of Ashland, its agents, directors, officers, employees and
volunteers as additional insureds. The additional insured endorsement must provide
primary and non-contributory coverage. A certificate of insurance with the additional
insured endorsement must be provided and approved by the City of Ashland prior to
banner installation.
Page 4 of 11
PENNANT DESIGN GUIDELINES
Effective Pennant Design
Simple designs have the greatest graphic impact. Details are lost and hard to see from
a distance. Bold and contrasting colors work well. Light type on a dark background
enhances readability and has good graphic strength. White backgrounds are less
effective, Light pastel colors wash out in the sunlight.
NOTE: Neon or overly bright colors are not permitted,
Content
Text heavy pennants are less appealing and difficult to read.. Keeping the message
simple will allow your audience to interpret it quickly. If the pennants will be reused
annually, keep in mind that you may want to refrain from including specific dates. In
addition to the graphic element (photo, illustration, etc.), pennants may include sponsor
name or logo, date and time and general location of event. It is important to establish a
hierarchy for the visual elements so they complement each other and don't compete.
These elements should generally rank in the following order of importance:
1) Graphic visual
2) Name of event
3) Time period and/or supporting text
NOTE: Pennants may not include phone numbers, web addresses, directives (turn left
here, etc,), or business names/logo's.
(
Page 5 of II
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I Small Pennant
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- --------
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Page 6 of II
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48
Printing and Construction
Large format ink jet printing on two sides of heavy duty mesh vinyl material for
indoor/outdoor use.
NOTE: Material will be folded back at the top and bottom and sewn to opposite side to
create pole pockets. Please take this into account when designing banner and
preparing for production.
Page 7 of 11
.t
Design Examples
Example A
Example B
Example C
Example 0
J'
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Pi~~r~~
Page 8 of II
eolors are bold
and contrastlng*
Fonts are clean with
high readability (eane serlQ
Content is concise
for quick interpretation
VlsusJ Is large with
strong graphic impact
'Neon or overly bright
colore e", not permllled.
Event logo
EXHIBIT B
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Page 11 of 11
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Public Contract to Hughes Fire Equipment
Type 1 - Ambulance
December 2], 20 I 0 Primary Staff Contact:
Fire E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Question:
Will the City Council, acting as the Local Contract Review Board, approve the award of a public
contract to Hughes Fire Equipment for a Type I, Ambulance?
John Karns
karnsi@ashland.or.us
None
Consent Agenda
Staff Recommendation:
Staff recommends that the public contract be awarded to Hughes Fire Equipment.
Background:
The sourcing method for this public contract is a Competitive Sealed Bid/Invitation to Bid #20 I 0-1 03.
The ITB was mailed to nine (9) recipients and the City received one (1) bid in response to the ITB.
The bid of $217,997 .00 submitted by Hughes Fire Equipment complies with the requirements of the
ITB; however, the amount of the bid exceeds the amount of $200,000.00 which was budgeted in FY
2010-2011 for a new Type I, Ambulance.
After careful review, it was determined that the Ward Diesel Filter System costing an additional
$10,463.00 should be deleted/deducted from thebid because the benefit of this filter system does not
justifY the cost. The final bid price for the Type I, Ambulance will be $207,534.00.
Related City Policies:
Section 2.50.070 Procedure 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:
Council Options:
City Council, acting as the Local Contract Review Board, can approve (or decline) the award of a
public contract to Hughes .fire Equipment for a Type I, Ambulance.
Potential Motions:
City Council, acting as the Local Contract Review Board, can move to approve (or decline) the award
of a public contract to Hughes Fire Equipment for a Type I, Ambulance.
Attachments:
None
Page I of]
r.l1
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Storm water and Wastewater Master Plan Updates
Technical Review Committee Member Selection
December 21,2010 Primary Staff Contact: Michael R. Faught
Public Works E-Mail: faughtm@ashland.or.us
N/A Secondary Contact: Pieter Smeenk
Martha Benne Estimated Time: Consent
Question:
Will Council confirm the Mayor's at-large citizen member appointments for the Ashland Stormwater
Technical Review Committee (STRC) and the Ashland Wastewater Technical Review (WTRC)
Committee?
Staff Recommendation:
The Mayor and staff recommend that the Council approve the Mayor's at large committee member
selection for the Ashland Stormwater Technical Review Committee and the Ashland Wastewater
Technical Review Committee,
Background:
At the November 16, 20 10 Council meeting, the Council approved all of the recommended Technical
Review Committee members for both the Stormwater and Wastewater Master Plans with the exception
of the at large members. To that end, the Mayor is now recommending the following at-large
appointments:
Storm water Technical Review Committee (STRC)
. At Large Member (Chamber of Commerce), Meiwen Richards
. At Large Member, Melanie Mindlin
. At Large Member, Megan Janssen
Wastewater
. At Large Member (Chamber of Commerce), Meiwen Richards
. At Large Member, Jeff Heglie
. At Large Member, Joe Graff
As a reminder, the primary deliverables of each of the master plans as well as the list of previously
approved committee members are as follows:
Stormwater Master Plan
Kennedy Jenks consultants, the firm chosen to complete the Stormwater Master Plan update
commenced this project several years ago; however, the scope of study for the plan was expanded on
March 2, 20 10 to include preparation of a comprehensive financial and operational program and
organization of a public engagement program.
As a function of this expanded scope it was recommended that a Stormwater Technical Review
Committee STRC be formed to provide review and direction, including level of service goals. It is
Page 1 of2
~~,
CITY OF
ASHLAND
important that the committee provide a balance of technical knowledge as provided by city staff, as
well as a broader based, non-technical viewpoint to be provided by citizens and Council members, To
that end, the Mayor is recommending appointment of the three at large committee members, If
approved, the nine member STRC committee members include the following organizations and/or
citizens:
. Public Works, Engineering Division
. Public Works, Street Division (2)
. Water Conservation Analyst, Conservation Division
. Parks Department
. Community Development
. Council Member, David Chapman
Wastewater Master Plan
Keller and Associates was the Consultant selected to complete the Wastewater Master Plan update.
While the work has begun (focused on the membrane replacement strategy and time sensitive effluent
temperature solutions), the TRC membership at large and Council liaison appointments have yet to be
completed, To that end, city staff representatives to the Technical Review Committee (TRC) have
been selected and the last step in the process is Council approval of the Mayor's at large committee
and Council liaison TRC member selection. If approved, the TRC will be comprised of the following
organizations and/or citizens:
I. Ashland Public Works Director
2, Engineering Technician
3. Ashland Public Works Superintendent
4. Ashland Wastewater/Reuse Supervisor
5. Ashland Wastewater Collections
6. Ashland Wastewater Treatment Plant Supervisor
7, Ashland Water Quality Conservation Analyst
8. Parks Department
9. Medford Regional Water Reclamation Facility Superintendent, Dennis Baker
10. Environmental, Leslie Adams
I ]. Council Member, Russ Silbiger
Council Options:
(I) The Council could decide to approve the Mayor's Stormwater and Wastewater at large Technical
Review Committee Appointments.
(2) The Council could decide to modify ( ) the Mayor's Stormwater and Wastewater at large
Technical Review Committee Appointments.
Potential Motions:
(]) Move to approve the Mayor's Stormwater and Wastewater at large Technical Review Committee
Appointments.
(2) Move to modify ( ) the Mayor's Stormwater and Wastewater at large and Council liaison
Technical Review Committee Appointments.
Attachments:
None
Page 2 of2
~~,
CITY Of
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Resolution to Modify the Renewable Resource Purchase Policy for Solar, Wind,
Fuel Cell and Hydroelectric Power Generation
December 21, 20 I 0 Primary Staff Contact: Adam Hanks
Administration E-Mail: adam@ashlandor.us
Community Dev Secondary Contact: Bill Molnar
Martha Benne Estimated Time: Consent
Question:
Will Council approve the attached resolution modifying the Renewable Resource Purchase Policy for
Solar, wind, Fuel Cell and Hydroelectric Power Generation?
Staff Recommendation:
Staff recommends that Council approve the attached resolution modifying the Renewable Resource
Purchase Policy for Solar, wind, Fuel Cell and Hydroelectric Power Generation.
Background:
A Renewable Resource Purchase Policy was first established by resolution on October 2, 1996 to
encourage and facilitate the investment in renewable resource electric generation while also
maintaining a connection to the City of Ashland's electric grid.
The policy establishes the design requirements and the purchase/credit rates based on the amount of
electricity generated by the system installed.
As technology has advanced, the resolution has been modified and expanded to include larger kilowatt
(kW) solar installations, as well as providing for the inclusion of fuel cell and hydroelectric power
generation in the policy.
Proposed Modifications
System Size
To better address the electricity demands of many commercial customers and to recognize the
continual changes in technology that make larger systems more affordable to our customers, staff
recommends that the limit, or cap, on the generating capacity of eligible systems be removed.
Design Requirements
A variety of design requirements and standards have changed since the 2008-31 resolution, due in
large part to State electrical and building code changes. The attached Exhibit A is proposed to replace
the previously referenced "Design Requirements for Interconnection of Customer-owned, grid-
connected Solar, Wind, Fuel Cell or Hydroelectric Electric generating Facilities" (listed as Attachment
A in resolution 2008-31).
Page 1 of2
rA1
CITY Of
ASHLAND
Purchase/Credit Methodology
Staff also recommends that the wording of the purchase/credit rates and procedure be clarified to more
clearly identify how the fi;'st 1,000 kilowatt-hours (kWh) will be credited or paid back to the customer.
Current Policy - If the customer generates more electricity than they use, which has not yet occurred
since the policy's inception in 1996, the Electric Utility will purchase the first 1,000 kWh of excess
power at 1.25 times the highest residential block rate at the time of the purchase. Any additional
power generated is purchased at the wholesale power rate at the tiJ:lle of the purchase.
Proposed Policy - Because of the varied seasonal consumption patterns of commercial customers,
- Staff proposes to annualize the purchase/credit policy by converting the monthly 1,000 kWh cap to an
annual 1,000 kWh cap. This allows the customer to fully utilize the power generated by their system
throughout the year 'and also limits the retail purchase price that the Electric Utility pays at the end of
the year.
The overall intent of the proposed policy modifications is to assist customers in reaching their 100%
renewable power consumption goals, while reducing/limiting the amount of power purchased by the
Electric Utility at full retail rates.
Related City Policies:
Ashland Comprehensive Plan, XI - Energy, Air and Water Conservation
2.e. - Existing Housing - Monitor, accept and embrace photovoltaic systems as technology
advances
8. b. - Future Considerations - Encourage new technology that can benefit energy conservation
or production
2010-11 City Council Goal- Environment
Develop a strategy to use conservation and local renewable sources to meet Tier 2 power
demands.
Council Options:
I) Approve Resolution
2) Move resolution from the consent agenda to allow for additional information and/or questions of
staff prior to making a decision.
Potential Motions:
N/ A - Consent
Attachmepts:
Proposed Resolution (w/Attachment A)
Resolution 2008-31
Resolution 2001-10
Resolution 96-42
Page 2 of2
rA1
RESOLUTION NO. 2010-
A RESOLUTION AMENDING THE RENEW ABLE RESOURCE
PURCHASE POLICY BY THE CITY OF ASHLAND FOR SOLAR, WIND,
FUEL CELL, AND HYDROELECTRIC POWER GENERATED BY
CUSTOMERS OF THE ASHLAND ELECTRIC UTILITY; AND
. REPEALING RESOLUTION 2008-31
WHEREAS, on October 2, 1996, the Ashland City Council adopted Resolution 96-42
establishing a renewable resource purchase policy by the City of Ashland, and
WHEREAS, on may 15,2001, the Ashland City Council adopted Resolution 2001-10
establishing.a renewable resource purchase policy by the City of Ashland for solar, wind, fuel
cell and hydroelectric power generated by customers of the Ashland Electric Utility; and
repealing resolution 96-42, and
WHEREAS, on September 23, 2008, the Ashland City Council adopted Resolution 2008-31
establishing a renewable resource purchase policy by the City of Ashland for solar, wind, fuel
cell and hydroelectric power generated by customers of the Ashland Electric Utility; and
repealing resolution 2001-10.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. The City of Ashland encourages citizens and businesses:
A. To invest in renewable electric energy generation systems, and
B. For those who generate electricity, to remain on the electric grid to use it as a backup
supply.
This policy is designed to provide adequate incentives to encourage renewable generation while
remaining on the City's electric grid.
SECTION 2. The City of Ashland will purchase solar, wind, fuel cell or hydroelectric generated
electricity from a customer-generator subject to the following conditions
A. All systems will be installed so as to comply with "Design Requirements for
Interconnection of Customer-owned, Grid-connected Solar, Wind, Fuel Cell or
Hydroelectric Electric Generating Facilities" as set forth in Exhibit A of this
resolution.
B. All systems may utilize a single electric meter, supplied by the City of Ashland,
which moves in both directions. Power used from the City moves the meter forward,
power generated by the customer's system moves the meter backward.
C. Residential and commercial customers are covered by this policy.
D. All kilowatt-hours (kWh) generated each month from solar, fuel cell, or wind will be
credited to the customer's utility account. At the end of the calender year, any excess
kWh remaining will be purchased at the rate of 1.25 times the highest residential rate
Page 1 of2
block for the first 1,000 kWh. All additional kWh's will be purchased at the City's
current wholesale rate at the time of each purchase.
E. Excess kWh generated each month from hydroelectric facilities will be purchased at
the City's then current wholesale power rate.
SECTION 3. Resolution 2008-31 is repealed in its entirety.
SECTION 4. This resolution was duly PASSED and ADOPTED this
, 20 I 0, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of December, 2010.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 2 of2
CITY Of
ASHLAND
Attachment A
Design Requirements for Interconnection of Customer-Owned, Grid-Connected
Solar, Wind, Fuel Cell or Hydroelectric Generating Facilities
All inverter based systems shall comply with the following standards:
. Installation shall be in accordance with all applicable local electrical and
building codes, the National Electrical Code (NEC), National
Electrical Safety Code (NESC), the Institute of Electrical and Electronic
(IEEE) standards and American National Standards Institute (ANSI).
. Systems must be designed and installed using UL or ETL listed
components.
. Inverters must comply with the following requirements:
IEEE 1547 and 1547.1 "Recommended Practice and Utility Interface of
Photovoltaic (PU) systems" and UL subject 1741 "standards for State
Inverters and Charge Controllers for use in Photovoltaic Power Systems".
Each system, except as exempted below, in addition to the automatic disconnection shall
have a UL approved safety disconnect switch on the Customer-Generator side ofthe
meter capable of fully disconnecting the Customer-Generator energy generating
equipment from the City of Ashland's electric system.
The disconnect switch shall be clearly visible from the Kilowatt-hour meter and located
within 10 feet of the meter base. The disconnect switch shall be of the visible break type
in a metal enclosure, shall be clearly labeled "Generator Disconnect Switch" and shall be
readily accessible to City of Ashland Electric Utility Personnel at all times.
Exemption to the disconnect switch requirements are as follows:
For customer services of 600 volts or less, a disconnect switch is not required in
the following instances:
Service Tvpe
Maximum Net Metering Facilitv Size
240 volts, single-phase, 3 wire
120/208 volts, 3-phase, 4 wire
120/240 volts, 3-phase, 4 wire
277/480 volts, 3-phase, 4 wire
7.2kW
10.5kW
12.5kW
25kW
o
Page I of 1
RESOLUTION NO. 2008-31
A RESOLUTION ESTABLISHING A RENEWABLE RESOURCE PURCHASE
POLICY BY THE CITY OF ASHLAND FOR SOLAR, WIND, FUEL CELL AND
HYDROELECTRIC POWER GENERATED BY CUSTOMERS OF THE ASHLAND
ELECTRIC UTILITY; AND REPEALING RESOLUTION 2001-10.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION!.
A.
B.
The City of Ashland encourages citizens and businesses:
To invest in renewable electric energy generations systems, and
For those who generate electricity, to remain on the electric grid to use it as a backup
supply.
This policy is designed to provide adequate incentives to encourage renewable generation while
remaining on the City's electric grid. '
SECTION 2. The City of Ashland will purchase solar, wind, fuel cell or hydroelectric generated
electricity from a customer-generator subject to the following conditions:
A. All systems will be installed so as to comply with "design requirements for
interconnection of customer-owned, grid-connected solar, wind, fuel cell or
hydroelectric electric generating facilities of up to 50 k W Generating Capacity" as set
forth in Attachment A to this resolution.
B. All systems may utilize a single electric meter, supplied by the City of Ashland, which
moves in both directions. Power used from the City moves the meter forward, power
generated by the customer's system moves the meter backward.
C. The system has a generating capacity of not more than 50 kW.
D. Residential and commercial customers are covered by this policy.
E. The first 1000 excess kilowatt-hours (kWh) generated each month from solar, fuel cells
or wind will be purchased at the rate of 1.25 times the highest block for residential rate.
All additional kWhs produced each month will be purchased at the City's then current
wholesale power rate.
F. Excess kWh generated each month from hydroelectric facilities will be purchased at the
City's then current wholesale power rate.
SECTION 3. Resolution 2001-10 is repealed.
This res tion was duly PASSED and ADOPTED this
ect upon signin~
Barbara Christensen, City Recorder ,
SIGNED and APPROVED this>> ~ay of ~2008.
It
day of ~Aek, 2008, and
Reviewed as to form:
ity Attorney
Net Metering RESO for signature
RESOLUTION NO. 2001- 10
A RESOLUTION ESTABLISHING A RENEWABLE RESOURCE PURCHASE
POLICY BY THE CITY OF ASHLAND FOR SOLAR, WIND, FUEL CELL AND
HYDROELECTRIC POWER GENERATED BY CUSTOMERS OF THE ASHLAND
ELECTRIC UTILITY; AND REPEALING RESOLUTION 96-42.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The City of Ashland encourages citizens and businesses:
A. To invest in renewable electric energy generations systems, and
B. For those who generate electricity, to remain on the electric grid to use it as a
backup supply.
This policy is designed to provide adequate incentives to encourage renewable generation while
remaining on the city's electric grid.
SECTION 2. The City of Ashland will purchase solar, wind, fuel cell or hydroelectric generated
electricity from a customer-generator subject to the following conditions:
A. All systems will be installed so as to comply with "Design Requirements for
Interconnection of Customer-Owned, grid-Connected Solar, Wind, Fuel Cell or
Hydroelectric Electric Generating Facilities of up to 25KW Generating Capacity" as
set forth in Attachment A to this resolution.
B. All systems may utilize a single electric meter, supplied by the City of Ashland,
which moves in both directions. Power used from the City moves the meter
forward, power generated by the customer's system moves the meter backward.
C. The system has a generating capacity of not more than 25 kilowatts.
D. Residential and commercial customers are covered by this policy.
E. The first 1000 excess kilowatt-hours (kWh) generated each month from solar, fuel
cells or wind will be purchased at the rate of 1.25 times the highest block for
residential rate. All additional kWhs produced each month will be purchased at the
City's then current wholesale power rate.
F. . Excess kWh generated each month from hydroelectric facilities will be purchased
at the City's then current wholesale power rate.
SECTION 3. Resolution 96-42 is repealed.
This res ution was read by title only in accordance with Ashland Municipal Code ~2.04.090 and
duly P SE and ADOPT this IS- day of /If 17; ,2001.
~ .
Barbara Christensen, City Recorder
SIGNED and APPROVED this j&, day of
~ C
~~~
Alan DeBoer, Mayor
RJjiew~d ~rm:
~" .
.
Paul Nolte, City Attorney
-
f/reso/renewable resource purchase
ATTACHMENT A
DESIGN REQUIREMENTS FOR INTERCONNECTION OF CUSTOMER-OWNED, GRJD-CO~1\LCTED
SOLAR, WIND, FUEL CELL OR HYPROELECTRIC ELECTRIC GENERATING FACD.JT1I:S Of UP
TO 25 KW GENERATING CAPACITY
All inverter based systems shall comply with:
I. Generating facilities shall be interconnected to the City of Ashland system through a
static inverter that complies with the following standards:
A. Institute of Electrical and Electronics Engineers (EEE) 929-2000,
"Recommended Practice for Utility Inteiface of Photovoltaic (PV) Sysrems. "
B. Underwriters Laboratories "(UL) Subjectl74J. "Standardfor Static Inverters and
Charge Controllers for Use in Photovoltaic Power Systems. "
2. The generating facility shall be installed in compliance with all applicable requirements
of local building and electrical codes, and the National Electrical Code.
3. The owner of the generating facility and/or the owner's agents or representanves sball not
make any substantial modifications to the generating facility, including but not limited to
alterations to the protective functions of the inverter, without prior written notification to
the City of Ashland of any such modifications.
4, The generating facility shall be capable of being manually isolated from the utility system
by means of an external, visible load break disconnect switch located between the
generating facility and the customer's meter. The disconnect switch shall be Ioca1ed
within 10 feet of the customer's electric meter or service entrance, shall be clearly labeled
"Generator Disconnect Switch," and shall be readily accessible to utility personnel at all
times.
Non inverter based generation systems will be approved by the City's electric utility on a cas<: by
case basis to ensure that the City's electric grid and City employees' safety are not jeopardized.
'.
RESOLUTION NO. 96- ,/J-
A RESOLUTION ESTABUSHING A RENEWAL RESOURCE PURCHASE
POUCY FOR THE CIlY OF ASHLAND.
THE CIlY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City of Ashland encourages citizens and businesses:
A. To invest in renewable electric energy generations systems, and
B. For those who generate electricity, to remain on the electric grid to use it
as a backup supply.
This policy Is designed to provide adequate Incentlves to encourage renewable
generation while remaining on the city's electric grid.
SECTION 2. The City of Ashland will purchase solar and wind generated electricity
subject to the following conditions:
A. All systems will be installed so as to comply with .Smail Scale Solar or
Wind Generation Standards for Parallel Operating Reliability" included as
Attachment A to this resolution. .
B. All systems may utilize a single electric metar, supplied by the City of
Ashland, which moves in both directions. Power used from the City
moves the meter forward, power generated by the solar or wind system.
moves the meter backward.
C. Residential and commercial customers are covered by this policy.
D. The first 1000 excess kilowatt-hours (kWh) generated each month by
citizen or business will be purchased et the following rate: 1.25 times
highest block for residential rate.
E. All additional kWh's produced each month will be purchased et the City's
then current wholesale power rate.
This policy will be reviewed within one year of the instellation of any generation system
taking aclvantage of this policy. '
This resolution was read by title only in 8c:cordance with Ashland Municipal Code
/ day of O~ ,1996.
~1==p'm:~mis
Barbara Christensen, City Recorder
SIGNED and APPROVED this
A dayof O~ ,1996.
.~h-.~
Catherine M. Golden, Mayor
~:i~~~
, Paul Nolte, City Attorney
PAGE 1 - RESOLUTION 10:__._1
ATIACHMENT A
SMALL SCALE SOLAR OR WIND GENERATION
STANDARDS FOR PARALLEL OPERATING RELIABILITY
100 kw OR LESS, 660 VOLTS OR LESS
A RENEWABLE ENERGY SOURCE
A. GENERAL
The City of Ashland is encouraging the installation of small photovoltaic and wind
generators and wishes to interconnect with, and buy from, qualifying facilities. Photovoltaic
and wind generators are one method of accomplishing this generation of power by private
individuals. This guideline is concerned primarily with the technical engineering aspects of
interconnection with a small pholoVoltaic and wind generator. There are two possible
photovoltaic and wind systems which may be interconnected electrically to Ashland's system.
These are:
The line-commutated inverter
The self-commutated inverter
There are certain electrical concerns which Ashland has for its customers and its
workmen which fall into the following categories. All inter-connection requirements by
Ashland are to alleviate these possible problems.
Waveform harmonic distortion
System operating voltage
Voltage flicker
Power factor
System and producer protection
Safety
WAVEFORM HARMONIC DISTORTION
The main concern with waveform harmonic distortion is with residential applications
of D:C. generation sources incorporating inexpensive line com mutated inverters.
SrnoII Scelll Soler Dr Wind G8flerlltion - page 1 of 5
Excess harmonic distortion can damage utility equipment, such as capacitors, cause
overheating of motorS and other CII8tomer equipment, and cause radio-TV interference.
Unfortunately, National Standards for allowable harmonic distortion are not available at this
time. Until such standards are developed, Ashland's policy will be not to allow troublesome
harmonics and to disconnect from Ashland's distribution system with lockable disconnect,
any generator which generates harmonics adversely affecting Ashland's equipment or service
to other customers.
SYSTEM OPERATING VOLTAGE
The on-site generator must be so rated and designed to operate within the normal line
voltage variations on Ashland's Distribution System. Unless different limits are established
by State Regulatory Authorities, the range of steady-state voltage variations at the point of
interconnection shall be in aa:ordance with those maximum and minimum limits established
in ANSI C84.1-19TI. For the general case these limits will be.:l:. 5% of the nominal
voltages.
POWER FACTOR
Line commutated synchronous inverters require V AR supply from the utility system.
Power factor correction for a line-commutated synchronous inverter could be accomplished
by the addition of capacitors by the Producer. It is difficult to match the couec.t amount of
capacitance to the generation as the best power factor will occur at or near the inverter rated
capacity with the worst situation occurring when the inverter is id1ing or unloaded. If V ARS
are supplied from a non-utility source, the possibility of generator self-excitation increases
which creates a possible safety problem. Because of the aforementioned reasons, AshIand
will supply all V ARS for photovoItaic and Wind generators from its system.
SYSTEM AND PRODUCER PRarF.CTION
Nonnal operation of distribution system protective devices may adversely affect the
on-site generator. When a fault is detected on the distribution feeder, the substation breaker
opens thereby interrupting for a very brief inSlant the power flow from the substation out to
the loads. The feeder is then re-energized by the first closing operation on the assumption
that the fault was self-clearing. If the fault condition persists, the power flow will be
interrupted again by a second opening of the station breaker. This time the interruption will
be for a longer period of time followed bya second and third closing operation. If still
faulted, the breaker will lock open. The effect of this time deIay/recloser cycle upon ,the on-
site generator must be considered in each case.
s..u SoU 80Iu or WDlI o-IdicID - NO 2 ciS
The operation of protective devices on Ashland's system can result in unbalance in the
Producer's generator. Producer protection may be provided by following good electrical
design practices. The Producer shall provide an automatic load break disconnecting device
which will be used in conjunction with relaying devices to protect equipment in case of fault
conditions. The Producer shall be required to provide an overcurrent device and other
devices to adequately sense electrical variations which may be used to actuate the automatic
load break disconnecting device.
SAFETY
Ashland is vitally concerned about one problem ~ with Producer-owned
generation. This problem is feedback from a Producer's generator into de-energized
conductors and equipment. For example, while working on equipment in an assumed de-
energized section of a distribution system, uncontrolled generators, such as those owned by
Producers, could create a hazaIdous condition in the work area exposing workers to electrical
shock. Company work rules including the installation of shorts and grounds on dlHmergized
circuits shall be adhered to.
,
B. GENERAL REOUIREMENTS FOR SINGLE & THRF.F~PHASE INSTAl lATIONS
1. Any harmonic distortions attributable to the operation of generation equipment
that results in objectionable service to other customers shall be remedied by
the Producer. If such remedies are not provided, the generation may be subject
to disconnection from the utilities lines.
2. Instal1ation shall be in compliance with current editions of the national
Electrical Code, the National Electrical Safety Code, or applicable state code.
3. A lockable main disconnect switch which shall provide a visible open circuit in
the off position shall be provided to isolate Producer's generation from
Ashland's system.
4. Producer's system, including interconnection equipment, shall meet
iequiremenls of and be inspected and approved by the local or slate authority
having jurisdiction.
5. Producer shall provide a circuit breaker or similar switching device which is
designed to automaticalIy disconnect the Producer's generator from Ashland's
system on a predetermined setting and shall have an interrupting rating
adequate for load current and fault current at the location.
8IDIII Sc.& Sckr CII' WiDd 0mIntilxt. . PlIO 3 01 ,
6. Producer shall provide an overcurrent sensing device in each phase.
7. The system shall be designed to automatically disconnect when Ashland's
service is interrupted.
8. Ashland shall establish a dedicated voltage transfonnation, with ground source
for the Producer's generation and load.
9. All protective devices employed shall be subject to Ashland's review for
adequacy and shall be subject to Ashland's requirements for value setting and
periodic testing.
10. Producer shall provide the following items prior to actual interconnection.
a. A one- line function schematic diagram of the photovoltaic and wind
generation electrical system.
b. A plot plan interconnection diagram.
c. A written document which discusses normal and failure mode operation
of the photovoltaic and wind generation electrical system.
d. A table of photovolt3.ic and wind generation electrical system
charncteristics consisting of:
1) Rated and maximum A-C output, real power and kVA.
2) Rated A-C line voltage. '
3) Rated A-C line current.
4) Power factor and VAR characteristics at 25,50,75 and
100% Of rated real power output.
5) Voltage/current harmonic characteristics at 25, 50, 75
and 100% of rated real power output
6) Maximum inrush currents drawn during start-up or
normal operation.
c. ADDmONAL REQUIREMENTS - SINGLE AND TmlPF PHASE TN~ATT ATIONS
The following additional requirements represent the best protection criteria available
at the time of this writing. Any new criteria which may be published in the future will be
incorporated in following revisions. Ashland may re1ax the following additional requirements
_ _ _ or WDI o-ntioa -.... 4 015
if conditions of size, other protection methOds, or other reasons dictate the need. Any relax-
ation of additional requirements sha11 be done with the full consent of the Director or Electric
Utility on an individual basis.
1. Photovoltaic and wind generation with line commutated inverter:
a. must have overfrequency relay
b. must have underfrequency relay
c. must have overvoltage relay
d. must have undervoltage relay
2. Photovoltaic and wind generation with self-commutated inverter:
a. must have overfrequency relay
b. must have underfrequency relay
c. must have overvoltage relay
d. must have undervoltage relay
e. facilities shall include equipment necessary to automatically establish
and maintain synchronism with Ashland's electrical supply
Srm.o Scakl SoIu 01' WIIId ClaMndca - "0 5 ~ 5
>
CITY OF
ASHLAND
Council Communication
Ordinance & Resolution: Fees and Charges for Municipal Court Administration
Meeting Date: December 21, 2010 Primary Staff Contact: Megan Thornton
Department: City Attorney's Office E-Mail: thomtm@ashland.or.us
Secondary Dept.: City Attorney's Ice Secondary Contact: Megan Thornton
Approval: Martha Bennet Estimated Time: 10 minutes
Question:
Should the City Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
Establishing Fees and Charges for Municipal Court Administration" and approve a Resolution titled,
"A Resolution Establishing Fees for the Administration of the Ashland Municipal Court" after holding
a public hearing?
Staff Recommendation:
Staff recommends the Council approve the fee resolution after receiving public comment. Staff further
recommends Council approve Second Reading of the ordinance.
Background:
The City Council first considered the proposed ordinance and resolution in a study session in June
2009. In August 2010 Council requested a modification to the proposed ordinance and asked for the
feedback of the Municipal Court Judge on the fees included in the resolution. Staff met with the
Municipal Court Judge on November 16, 2010. The proposed ordinance is amended in response to
that meeting. Council heard comments from the Municipal Court Judge on December 7,2010 and
modified both the ordinance and resolution in response to her comments.
The Ashland Municipal Court currently charges some fees that are proposed to be formally authorized
by ordinance and then adopted by resolution. All the fees are proposed as a means of partial cost
recovery for the services provided. The attached ordinance and resolution comprehensively address all
local fees and charges for Ashland Municipal Court. The ordinance and resolution do not adopt fees
that are currently imposed under state law; however, for ease of use by citizens and court staff a table
will be assembled after all local fees are adopted that clearly shows all state and local fees that apply to
Ashland Municipal Court proceedings.
The attached Resolution entitled "A Resolution Establishing Fees and Charges for the Administration
of the Ashland Municipal Court" would have a delayed effective date to correspond with the effective
date of the Ordinance.
Subsequent to your meeting, the Municipal Court Judge forwarded additional concerns about the
ordinance to the Council. She felt she was not given sufficient time at the December 7 meeting to
address these concerns. Staff respectfully disagrees with these requests, particularly the request that
fees for civil compromise and city attorney diversion be waived. This type of waiver should be
negotiated between the City prosecutor and the defendant.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Page I of2
~~,
CITY OF
ASHLAND
Council Options:
(I) Move to approve Second Reading and adopt the Ordinance.
(2) Move to adopt the Resolution.
(3) Move to postpone approval of the Second Reading of the Ordinance.
(4) Move to postpone adoption of the Resolution.
Potential Motions:
Staff: [Conduct Second Reading o(Ordinance by Title only}
Council: Motion to approve Second Reading and adopt the Ordinance.
Attachments:
Ordinance
Fee Resolution with instructions
Page 2 of2
rA1
ORDINANCE NO.
AN ORDINANCE ESTABLISHING FEES AND CHARGES
FOR MUNICIPAL COURT ADMINISTRATION
Annotated to show aeletiof!s and additions to the code sections being modified. Deletions are
bold" -" and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
pave 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. 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, Article 9, Section I of the City Charter also expressly provides for the recovery of
the "costs of prosecution;" and
J
WHEREAS, Article 15, Section I of the City Charter authorizes the City Council to adopt
ordinances governing the operations and conduct of the Municipal Court; and
WHEREAS, the City of Ashland Municipal Court incurs administrative costs in processing
various criminal actions as defined in ORS 131.005, including both violations and misdemeanor
offenses; and
WHEREAS, individuals that engage in criminal acts should be required to pay at least a portion
of the administrative costs incurred; and
WHEREAS, in accordance with ORS 294.160(1), on December 7, 2010, the City Council of the
City of Ashland provided an opportunity for public comment on this proposed ordinance and on
the proposed resolution for Municipal Court Administration Fees.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION L Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
SECTION 2. Short Title. This ordinance shall be known as the "Municipal Court
Administration Fees and Charges."
Municipal Court Administration Fees and Charges
Page 1 of 5
SECTION 3. New Chapter. A new chapter, consisting of Sections 4.35.010 [Establishment
and Imposition of Fees and Charges] through 4.35.070 [Not Applicable to Parking], is hereby
added to read as follows:
4.35 Municipal Court Administration Fees and Charl!es
4.35.010 Establishment and Imposition of Fees and Charl!es.
The Ashland City Council is hereby authorized to establish by resolution fees and charl!es
to be imposed in criminal actions in the Ashland Municipal Court. Consistent with ORS
131.005. "criminal action" for purposes ofthis ordinance includes anv non-criminal
violation as well as any criminal misdemeanor offense within the iurisdiction of the Court.
The Ashland Municipal Court and Violations Bureau shall impose the applicable
Municipal Court administration feels) or charl!e(s) as set forth in the resolution for each
criminal action.
4.35.020 Imposition of Specific Fees and Charl!es.
A. Uncontested non-criminal violations/ mail. The fees for Court Costs shall be
incorporated into a bail schedule published bv the City Administrator or desil!nee in
accordance with City Code. Thc Court Costs shall be incorporated into the base fine
amount in the bail schedule. resultinl! in a hil!her base fine for violation citations issued bv
the City Police and Code Compliance Officers.
B. Trials. The Court or Violations Bureau in a criminal action shall impose the fees for
Trial or Default Judl!ments. if applicable. on Iv when a defendant is found l!uilty after a
trial.
C. Other Fees and Charges: The Court shall impose all applicable feels) and charl!e(s)
as set forth in the resolution. unless a waiver or reduction is l!ranted in accordance with
AMC 4.35.030 or applicable law. All applicable fees shall be reflected on any iudl!ment or
al!reement.
D. The Court shall not impose fees or charl!es when the charl!e is dismissed bv motion
of the City Attorney. for whatever reason. includinl! a plea barl!ain. For purposes of this
section. fees and charl!es shall not include restitution to the victim for an offense dismissed
bv plea barl!ain. Routine motions to dismiss successfully completed diversions. deferred
sentences. compromises. mediations. and like actions shall not cause such actions to be
exempt from fees and charl!es under this section.
4.35.030 Waiver or Reduction of Fees and Charl!es by the Municipal Court.
The Ashland Municipal Court or Violations Bureau may defer. waive. suspend. or
otherwise reduce the fees and charl!es set forth in the resolution as allowed by Orel!on law
or this section.
Municipal Court Administration Fees and Charges
Page 2 of 5
A. The fees for Failure to Appear for Bench Trial. Discoverv. Failure to Appear for
Jurv Trial. Mediation of Violation. and Warrants may be waived or reduced in whole or in
part when the Municipal Court makes a written findinl! that the defendant's indil!ence and
the totality of the circumstances warrant a fee waiver.
Interest on Judl!ments and Court Appointed Attornev fees mav only be imposed.
waived or reduced in accordance with I!eneral state law. Attornev fees shall not be waived
by the Court for civil compromises and City Attornev diversion/deferred sentences when
repayment of such fees was al!reed to as part of a nCl!otiated plea barl!ain or compromise.
B. After imposition of all applicable fees and charl!es for one criminal action. the
Ashland Municipal Court mav waive or reduce Court Costs. Show Cause. Installment. and
Warrant fees prescrihed for other criminal actions disposed of on the same dav. This
authorized local waiver or reduction does not automatically waive or reduce state and
county assessments. The subsequent actions where fees are waived or reduced shall be of
equal or lesser severitv to the initial oril!inal criminal action (in terms of classification)
where all fees and charl!es are assessed.
C. The Ashland Municipal Court shall waive fees and charl!es prescribed for Failure to
Appear at Bench Trial. or Show Cause "earinl! and. Failure to Appear at Jurv Trial.
inclusive of fees and charl!es associated with any default taken under ORS 153.102. if the
Court makes a written findinl! based on evidence in the record that the failure to appear
was due to circumstances beyond the control of the defendant and otherwise throul!h no
fault of the defendant.
4.35.040 Deductions from Posted Bail or Security/ Return
A. Application. In the event posted bail or financial security is forfeited for any reason.
includinl! but not limited to. violation of a security release al!reement. or applied to
discharl!e monetary oblil!ations imposed in a iudgment. the applicable fees and charl!es
prescribed in the resolution shall be deducted from posted bailor financial security. unless
properly waived or reduced pursuant to AMC 4.35.030.
B. Return charl!es. If all monetary and other oblil!ations are discharl!ed and posted
financial security is returned. the Court shall retain administrative charl!es. of fifteen
(15%) percent of the security. and not less than five dollars ($5.00). exclusive of interest per
ORS 135.265.
4.35.050 Additional Monetary Oblil!ations
All City fees and charl!es specified in this ordinance and implementinl! resolution shall be
monetary oblil!ations in addition to. and not in lieu of. anv other State or County
assessments. Such local fees and charl!es. tOl!ether with State and County assessments shall
be added to. and shall not be deducted from. minimum fines specified bv state statute or
local ordinance.
Municipal Court Administration Fees and Charges
Page 3 of 5
4.35.050 Inherent Power of Court to Impose Fees.
The Court has inherent power pursuant to e:enerallaw to impose additional fees and
chare:es established bv City ordinance or state law in addition to the fees and chare:es
specified herein.
4.35.060 No Taxation.
The City Council determines that the Municipal Court Administration Fees and Chare:es
authorized by this chapter and imposed by resolution of the City Council are not taxes
subiect to the property tax limitations of the Oree:on Constitution.
4.35.070 Not applicable to Parkine:.
The fees and chare:es authorized bv this chapter and the resolution do not apply to citations
for violation of parkine: limitations established by city ordinance. resolution or order.
SECTION 4. 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 5. Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word
"ordinance" may be changed to "code", "artiCle", "section", "chapter' or another word, and the
sections of this Ordinance may be renumbered, or re-Iettered, and typographical errors and cross
references may be corrected by the City Recorder, provided however that Section 1, and Sections
4 and 5, unincorporated Whereas clauses and boilerplate provisions and Exhibits (i.e. attached
Resolution, etc.) 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
Municipal Court Administration Fees and Charges
Page 4 of 5
SIGNED and APPROVED this
day of
Reviewed as to form:
Megan Thornton, Interim City Attorney
Municipal Court Administration Fees and Charges
,2010.
John Stromberg, Mayor
Page 5 of 5
RESOLUTION NO. 2010-
A RESOLUTION ESTABLISHING FEES FOR THE ADMINISTRATION
OF THE ASHLAND MUNICIPAL COURT
Recitals:
A. Section 4:35 of the Ashland Municipal Code specifically authorizes the City Council to
establish fees and charges for Administration of Municipal Court; by Resolution of the
City Council; and
B. On April 20, 2010, December 7, 2010, and December 21,2010, the Ashland City Council
provided an opportunity for public comment on the proposed fees and charges contained
herein in accordance with ORS 294.160(1); and
C. The Council finds and determines that the imposition of administrative fees and charges
is appropriate to support the efficient and cost effective operation of the Ashland
Municipal Court; and
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. Pursuant to AMC 4.35, Municipal Court Administration Fees and Charges, the
following fees and charges set forth in Table 1. and described in the incorporated Instructions
below, are hereby approved and established and shall have the full force and effect oflaw:
COURT ADMINISTRATION FEES CRIME VIOLATION OTHER
Appeal Transcript Fee $35.00 $10.00
City Attorney Deferred Sentence/Diversion $60.00 $40.00
Civil Compromise Costs $75.00 N/A
Compliance Inspection Fee N/A $25.00
Court Appointed Counsel Fees and Charqes as billed N/A
Default Judqment N/A $15.00
Discovery - Fees imposed in accordance with See See
Miscellaneous Fee & Police Department Fee referenced referenced
Resolutions . Resolutions Resolutions
Diversion by Municipal Court: Classes I -IV, A-D, Base Fine
Unclassified and Specific Fine Violations N/A Amount
Domestic Partnership Reaistration N/A N/A 25.00
Extend/Amend City Attorney Deferred
Sentence/Diversion $45.00 $45.00
Failure to Appear for Bench Trial/Show Cause hearina $90.00 $70.00
Failure to Appear for Jury Trial $150.00 N/A
Forfeiture of Security $25.00 $25.00
Mediation of violation (Municipal Court Mediation) N/A $65.00
Non Sufficient Funds Check $25.00 + $25.00 +
TABLE 1
CITY OF ASHLAND MUNICIPAL COURT ADMINISTRATION FEES
Page I of2
bank costs bank costs
Warrant $25.00 $25.00
Withholding on County Assessment 10% at monthly distribution
SECTION 2. The following fees are not imposed during the operative period of the offense
surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21, 26 and 27. (These are
currently set to expire on June 30, 2011). Pursuant to AMC 4.35, Municipal Court
Administration Fees and Charges, the following fees and charges set forth in Table 2. are hereby
approved and these fees shall become effective upon the expiration of Oregon Laws Chapter 659
or the expiration of any subsequent legislation extending the fees and charges of that chapter.
TABLE 2
COURT ADMINISTRATION FEES CRIME VIOLATION
Court Costs $35.00 $45.00
Expunction $250.00 $0.00
Show Cause Admission of Alleqation $25.00 $10.00
Bench Probation Fee $100.00 N/A
SECTION 3. All other fees and charges inconsistent with the fees and charges set forth herein
are repealed. Nothing in this Resolution is intended to detract from the inherent power of the
Court pursuant to general law to impose fees and charges established in state law or City
ordinance in addition to the fees and charges specified herein.
SECTION 4. .This Resolution was duly PASSED and ADOPTED this day of
,2010, and after signing by the Mayor takes effect on January 21, 2011.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form
,
Megan Thornton, Interim City Attorney
Page 2 0[2
Instructions for Application of Municipal Court Fees and Charges
01. Appeal Transcript Fee. In the event an appeal is filed, the Municipal Court Clerks must
prepare what is known as a transcript on appeal for transmittal to Circuit Court (This is a
compilation of certified documents filed in the case - not a verbatim transcript). This fee is
established to recover the cost of this certified copy and transmittal service. The Ashland
Municipal Court is not currently a Court of Record. [See ORS 221.342.] Accordingly, appeals to
Circuit Court are de novo, that is, the matter is tried anew, as if nothing had happened below. [See
e.g.ORS 138.057(1)(a)(f); ORS 221.359; ORS 157.010, ORS 53.090].
02. Bench Probation Fee. This fee continues a $100 surcharge fee imposed in Oregon Laws'
Chapter 659, Section 21 paragraph 7. The fee shall be imposed if the defendant is placed on
probation under the supervision of the Court. This fee is not iIT"!'posed during the operative period
of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 2], 26 and 27.
(These are currently set to expire on June 30, 2011).
03. City Attorney DiversionlDeferred Sentencing Agreement IORS 135.881]. ~ ORS ] 35.881
expressly permits a City Attorney to divert or defer certain criminal offenses such that there is no
adjudication in the criminal justice system - no judgment and no sentencing order. A defendant
enters a plea which is held while the defendant performs community service or some form of
treatment. Successful completion of the diversion/deferred sentence results in dismissal of the
charge. Failure to comply results in revocation and formal sentencing by the Court. This fee is
established to recover the cost of establishing and monitoring diversion/deferred sentence
agreements through the City Attorney's office and Court. For purposes of fees and charges, a
conditional discharge on motion of the city attorney under ORS 137.533 is assessed the same fees
and charges as diversion/deferred sentence.
Court-appointed counsel fees and charges may not be waived if part of plea bargain or stipulated to
as part of a compromise. AMC 4.35.030. Plea bargained diversions, deferred sentences, and
compromises may include negotiated waiver of fee.
04. Civil Compromise Costs IORS 135.703(1) & (2)). Certain criminal offenses may be civilly
compromised. The civil compromise statute [ORS 135.705] requires acknowledgement of
satisfaction by the victim, in writing, and payment of all costs and expenses incurred, [including
court appointed attorney fees] as a prerequisite to exercise of the Court's discretion to dismiss the
charge. This fee is established to recover the administrative costs associated with civil
compromise, including assurances that the victim has been satisfied and not coerced.
Court-appointed counsel fees and charges may not be waived ifpart of plea bargain or stipulated to
as part ofa compromise. AMC 4.35.030. Plea bargained compromises may include negotiated
waiver of fee.
05. Collection Fee 125%with a maximum of $250: ORS 137.118).
Oregon statutes allow a Municipal Court to add a collection fee to a money judgment in a criminal
action. The fee is dictated by state statute and may not exceed 25% of the monetary obligation and
shall not in any case exceed $250.00. The fee shall be waived if the defendant pays as agreed - i.e.
Page I of5
the defendant pays in accordance with payment schedule arranged by the Court. If the Court show
causes the defendant for failure to pay [e.g. ORS 161.685] for a violation or a crime, and the
defendant has not paid as agreed, then the fee is not waived - because the defendant did not "pay as
agreed.". Additional charges may also be imposed when cases are assigned to a collection agency.
06. Compliance Inspection Fee. This fee is imposed on violations when an inspection by police,
code compliance or court staff is required to dismiss the ticket. This is the final step in a "fix it"
ticket. The Court, Police or staff physically inspects to make sure the problem is corrected.
07. Court-Appointed Attorney Fees and Charges. State law prohibits paying court appointed
counsel less than thirty dollars ($30.00) per hour .ORS 135.055. The rate for court appointed
counsel shall be two hundred and fifty dollars ($250.00) for cases involving one defendant when
there is no trial. The rate shall be increased to four hundred dollars ($400.00) when there is a bench
trial and six hundred dollars ($600.00) when there is a jury trial. The rate is per defendant,
including all associated cases; however each case that requires a bench tria] or jury trial is subject to
an additional one hundred dollar s($1 00.00) or three hundred dollars ($300.00) per case, over the
$300 no-trial cap, respectively. Court appointed counsel fees and costs may only be imposed,
reduced or waived by the Court when supported by findings and evidence in the record, in
accordance with requirements of state law.
08. Court Costs. This is the standard Court fee imposed for administrative costs associated with
resolution of any misdemeanors or violation. The fee is charged when the Court finds a defendant
guilty after a trial, accepts a guilty plea, accepts a "no contest" plea, or takes a default based upon
an alleged violation of a state law or city ordinance. There are different fees for violations and
crimes. There is an allowance for the Judge to.waive court costs for additional cases/counts
resolved on the same day as the first case, provided the first case is fully charged and is as serious
as subsequent cases. AMC 4.35.030.D. This fee is incorporated into the bail schedule and is
therefore paid in all cases where the ticket is uncontested. See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC
4.35.030. The Court may also reduce or waive this fee for addition a] cases/counts resolved on the
same day as the original offense when subsequent offenses are equal to or lesser than the original
offensc. AMC 4.35.030.
This fee is not imposed during the operative period of the offense surcharges established by Oregon
Laws Chapter 659, Sections: 2, 9, 21,26 and 27. (These are currently set to expire on June 30,
20] I).
9. Default Judgment. The Court mav take a default judgment on a non-criminal violation if the
defendant fails to appear at first appearance [ORS 153.102(1)]. The default fee applies also when
the City Attorney reduces a crime to a violation and when the Court, with the consent of the City
Attorney, reduces a charge to a violation upon a failure to appear. [See. ORS 161.566 & ORS
16] .568] However, State, County and City misdemeanor assessments remain applicable. The
Court shall take a default judgment when the defendant fails to appear for trial or subsequent to first
appearance in a violation proceeding. [ORS 153.102(2)]. Defendants may request relief from a
default judgment by filing a motion, filed with the Court and served on the City pursuant to ORS
Page 2 of5
153.105.
10. Discovery. Discovery fee is charged for police records associated with an ongoing criminal
case whether or not the defendant is represented by legal counsel. The fee is $12.00. Pursuant to
Oregon law to protect victims of crimes, certain victim and witness information must be redacted
(withheld) [ORS 135.815]. Other requests for public records are addressed pursuant to
Miscellaneous Fees Resolution 2007-44 and subsequent Resolutions. Discovery fees will not be
assessed for cases involving court appointed counsel.
When Discovery exceeds 20 pages, the discovery fee is increased to $] 5.00, additional charges for
tapes, DVDs, and photos, apply per Miscellaneous Fees Resolution 2007-44 and subsequent
resolutions. This fee may be reduced or waived by the Judge in appropriate cases in accordance
with AMC 4.35.030.
11. Diversion of Violation by Municipal Court.
The Judge may divert violations, unless prohibited by statute or ordinance. However, the Court's
authority to reduce fines for violations is strictly limited by statute. Whether the violation is a Class
I, II, III, IV, or unclassified violation the Court, "notwithstanding any other provision of law, may
not defer, waive, suspend or otherwise reduce the fine for a violation to an amount that is less than
75% of the base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are also
limited. Accordingly, even if the Court attempts to keep a violation off a defendant's record by
diverting it, the reduction in the fine is limited by state statute. Base Fines are calculated using the
formula in state law and City Ordinance and the fines differ based upon the classification of the
offense. Essentially the base fine is one half the maximum fine with all assessments, including
state, county and city assessments. The violation diversion fees set forth on the table below
represent the base fine (including City Court Costs):
State base
fine w/o *City Base Fine (including
surcharl!e Class of Offense Diverted Court Costs)
$427 Court Diversion: Class VA Violation $472.00
$242 Court Diversion: Unclassified Class 11 Violation $287.00
$242 Court Diversion: Class IlIB Violation $287.00
$145 Court Diversion: Class III/C Violation $190.00
$97 Court Diversion: Class IVID Violation $142.00
van es Court Diversion: Specific Fine Base Fine
*The City Base fine including Court Costs is equivalent to the base fine including the state
surcharge for corresponding classes of state law violations.
Base Fines are established by the formula or by adopted bail schedule. State law prohibits the
Court from deferring, waiving, suspending or otherwise reducing the fine for a violation below 75%
of the base fine amount for Class A, B, C, D violations and unclassified violations of state law.
ORS 153.093(1 )(a). Assessments and fees are "in addition to" fines, including minimum fines, not
"in lieu of' or deducted from them. ORS 137.290(1). ORS 137.309(2). AMC 4.35.040.
Page 3 of5
Court diversion fees for misdemeanors are not specified because the Court has no legal authority to
divert misdemeanor offenses. [ORS 135.881 grants diversion authority to City Attorney].
12. Diversion - Marijuana Less than an Ounce. The Oregon Legislature has established a
specific procedure for marijuana possession less than an ounce, diversion in ORS 135.907 ORS
135.921. The specified fee is the required fee a defendant must pay to file a petition for a
marijuana diversion pursuant to ORS 135.921. An additional evaluation fee of$90.00 must be paid
to the agency providing the required diagnostic assessment. The filing fee may be paid on an
installment basis and the judge may waive all or part of the filing fee in cases ofan indigent
defendant. [ORS 135.909] Without this statutory marijuana diversion process, the minimum fine
and assessments under state statute for possession of less than an ounce of marijuana would be
$603.00 ($500 min fine, $37 state unitary assessment and $66 county assessment). City assessments
would add $20.00. [State surcharges (e.g. $100.00) are not reflected in this fee.]
13. Domestic Partnership Registration. The City of Ashland has a register for domestic
partners that pre-dates the Oregon State Statute providing for County Registration.
14. Drivers License Suspension. This $15.00 fee is specifically identified in ORS 809.267 to be
imposed whenever the Court suspends or restricts the driving privileges of a defendant for failure to
comply with a court order or any conditions imposed by the court or failure to pay a fine or for
failure to appear as required by ORS ] 53.061.
. '
15. Driving Record Traffic Offenses (certified) IORS 153.624). State law mandates that "in
addition to any other costs charged a person convicted of a traffic offense, a court shall charge as
costs and collect from any person convicted of a traffic offense any costs incurred in obtaining any
driving records relating to the person." The cost of a certified record and accompanying
documents from the DMV is now $11.50; $3.00 for a certified copy alone.
16. Expunction. This fee is to reimburse staff for administration of the process to seal the records
of a Municipal Court conviction or an arrest per ORS 137.225. See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
This fee is not imposed during the operative period of the offense surcharges established by Oregon
Laws Chapter 659, Sections: 2, 9, 21,26 and 27. (These are currently set to expire on June 30,
2011).
17. Extend! Amend City Attorney Diversion/Deferred Sentence. On occasion a City Attorney
diversion or deferred sentence needs to be extended or revised. This typically occurs when the
defendant is given additional time to satisfy an obligation, or requests a change in the obligations.
Extensions or amendments are also negotiated in lieu of revocation and formal sentencing. This
involves negotiating, drafting and processing an amendment. This fee is intended to recover this
cost.
18. Failure to Appear for Bench Trial! Show Cause Hearing. Substantial expense is involved in
preparation for a bench trial on a violation or crime. This fee reimburses the City for preparation
wasted when the defendant fails to appear (e.g. includes witness fees, subpoenas, officer overtime,
Page 4 of5
staff or attorney time, court staff and judge time.) The fee is required to be waived if, based on
competent evidence, the Court finds that the failure to appear is due to circumstances beyond the
control of the defendant and through no fault of the defendant. AMC 4.35.030.
] 9. Failure to Appear for Jury Trial. Substantial expense is involved in preparation for a jury
trial. This fee reimburses the City for preparation wasted when the defendant fails to appear (e.g.
includes jury fees, witness fees, subpoenas, officer overtime, staff and attorney time, court staff and
judge time.) The fee is required to be waived if, based on competent evidence, the Court finds that
the failure to appear is due to circumstances beyond the control of the defendant and through no
fault of the def~ndant. AMC 4.35.030.
20. Forfeiture of Security. This fee covers the cost of providing notice that security posted by the
defendant will be forfeited pursuant to the process set forth in ORS 135.280. This process is often
combined with a warrant.
21. Interest on Judgments in Criminal Actions per ORS 137.]83 and ORS 82.0]0. The
interest on criminal judgments is set by statute. ORS 137.183 & ORS 82.010. The municipal judge
may waive all or part of the interest payable on a criminal judgment in accordance with AMC
4.35.030. ORS 137. I 83(3). Generally, criminal judgments begin to accrue interest on the date the
judgment is entered. Criminal judgments bear interest for a period of 20 years after the judgment is
entered.
22. Mediation of violation (Court Mediation). [AMC 2.28.190] Ashland Municipal Code
specifically authorized the Court to offer mediation on a violation offense. This fee is intended to
recover the costs incurred in pursuing mediation. The cost of mediation will be added to the fee.
Revised November 23, 2010
Page 5 of 5
-----Original Message-----
From: Pamela Turner [mailto:turnerp@ashland.or.us]
Sent: Tuesday, December 14, 2010 6:21 PM
To: Megan Thornton
Cc: Tina Gray; bennettm@zimbra.ashland.or.us
Subject: Municipal Court,Ordinance
Megan, following up on our discussion this afternoon, here are the additions and
deletions to the Ordinance I hope the Council will consider at the 12/21/10
meeting. We were unable to discuss the Ordinance in
detail at our 11/16/10 meeting and subsequent phone calls. At the
12/7/10 meeting I did not present these specific proposed changes, although I did
ask the Council to maintain the Court's discretion as they had in April with
regard to the Municipal Code Classification Ordinance.
1) 4.3S.030(A), Waiver or Reduction of Fees and charges by the Municipal
Court: Add the following fees to the list of fees which may be waived or reduced
pursuant to written finding:
default judgment fee ($15.00), City Attorney Diversion/Deferred Sentencing
($60.00/$40.00), and Civil Compromise ($75.00).
2) In the second paragraph of the same section (unnumbered), delete the second
sentence which reads:
"Attorney fees shall not be waived by the court for civil compromises and City
Attorney diversion/deferred sentences when repayment of such fees was agreed to
as part of a negotiated plea bargain or compromise."
As we discussed, I believe that under State law the Court has discretion to waive
or reduce court appointed attorney fees at any time. (ORS 151.487 AND 151.505)
I do not anticipate waiving or reducing any of these fees on a regular basis, but
wish to retain the Court's judicial discretion to do so in appropriate cases.
PST
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Campin~ Ordinance Discussion
December 21,2010 Primary Staff Contact:
Administration E-Mail:
Legal/ Community Secondary Contact:
DevelopmenU Police
Approval:
Estimated Time:
Martha J. Bennett
bennettm@ashland.or.us
Megan Thornton
Linda Reid
Corey Falls
30 minutes
Question:
Does the City Council wish to: I) enact an ordinance to temporarily suspend the City code that
prohibits camping on public property; 2) provide direction to the Housing Commission that the
Council would like the Commission to work on homelessness issues; and/or 3) provide direction that
the Housing Work Plan should be amended to direct the Housing Specialist to spend more time
working on homelessness issues?
Staff Recommendation:
Staff has no specific recommendation.
Background:
At the December 7 City Council meeting, Councilor Navickas proposed a stay on citations for people
violating the City's prohibition on camping on public property. He also asked Council to direct the
Housing Commission to move forward on addressing homeless issues and to give the City's,Housing
Program Specialist discretion to work on homeless issues beyond the 10% limitation specified in the
Housing Work Program. The City Council also heard testimony from about 24 people, the majority of
whom discussed the need for a place for people to have a place where they can get a good night's
sleep. They also heard a presentation from Ralph Temple about a report that the Southern Oregon
Chapter of the ACLU presented to the City Council in October 2008.
Suspension of Enforcement
If the City Council wishes to suspend the enforcement of any ordinance, it should do so by ordinance.
In other words, the Council should provide legislative direction on a matter that is codified. Staff has
prepared a draft ordinance. If Council wishes to immediately suspend enforcement, then Council
needs to declare an emergency and conduct first and second reading at your December 21,2010
meeting. The declaration of an emergency requires a unanimous vote. Otherwise, if Council were to
adopt the ordinance the traditional way, the suspension would not take place until February 3, 2011.
Housing Commission Charge
Attached to this Council Communication is a memo from Linda Reid, Housing Specialist, to the City
Administrator about the Housing Commission's charge and about the retreat the Commission held on
December II, 2010. In short, the Housing Commission does want to work on issues that are related to
ensuring that the City works with other governments and non profits to support housing for people who
are seeking permanent, affordable housing and who are at risk of becoming homeless. They do not
Page I of3
CITY OF
ASHLAND
feel that the issue of services to the homeless is within their current charge. I have attached a copy of
the ordinance that establishes their charge to this Council Communication.
Housing Specialist Time
Councilor Navickas proposed that the Housing Specialist be allowed to spend more than 10% of her
time on homelessness issues. In her memo, the City's housing specialist describes that she already
spends 20% to 25% of her time on homelessness issues. Council does not need to act on this proposal.
Issues related to Enforcement of Camping Ordinance
Several of the people who testified were concerned that the Ashland Police Department was seizing
their belongings or kick people in enforcing this code. Attached to this Council Communication is a
memorandum from Corey Falls, Police Lieutenant, to the City Administrator about the use of force
related to enforcement of this ordinance.
Additionally, Lieutenant Falls describes the number of citations issued under the camping ordinance
over the past three years. As Council will note, the number of citations issued under this ordinance
increased dramatically in 20 I 0 over 2009 and 2008. Police attribute the increase to an increased
number of transients in Ashland and to increased officer efficiency.
Background Materials
Council last discussed the camping ordinance in 2008. The ordinance was discussed on July 1,2008
and October 21, 2008. The discussion in October 2008 included discussion of the ACLU report and
the City Attorney's recommendation on how to treat the Jones case (the federal court case related to
Los Angeles discussed by Mr. Temple)
Materials for the Council's July 2008 discussion can be found at:
. Agenda and Council Communication: hltP://www.ashland.or.us/Page.asp?NavlD=1 I 172
. Minutes: http://www.ashland.or.us/Agendas.asp?Di splay=M inutes&A M I D= 3509
Materials for the Council's October 21,2008 discussion can be found at:
. Agenda and Council Communication: hltP://www.ashland.or.us/Page.asp?NavlD=11415
. Minutes: http://www.ashland.or.us/Agendas.asp?Display~Minutes&AMID=3617
Council Options:
. Declare an emergency and approve first and second reading of the proposed ordinance
. Approve first reading of the attached ordinance.
. Provide direction to staff to return to the Council with a draft ordinance to amend the Housing
Commission's charge to include some elements of addressing homelessness.
. Request a study session with the Housing Commission to discuss their role in addressing
Homelessness.
. Provide other direction
Page 2 of3
CITY OF
ASHLAND
Potential Motions:
. I move to declare an emergency and approve first and second reading of an ordinance
temporarily suspending AMC 10.46
. I move to approve first reading of an ordinance temporarily suspending AMC ] 0.46
. I move to direct staff to prepare an ordinance to amend the Housing Commission's Charge to
include homelessness.
Attachments:
Memo from Corey Falls to Martha Bennett
Memo from Linda Reid to Martha Bennett
Draft ordinance to suspension of prohibition on camping
ACLU Report on Camping Ordinance from October 2008.
Copy of Housing Commission's Charge
October 21, 2008 City Council Communication and City Council Minutes (Electronic Only)
July 1,2008 City Council Communication and City Council Minutes (Electronic Only)
Page 3 of3
CITY OF
ASHLAND
Memo
TO: Martha Bennett
FROM: Corey Falls, Lt.
DATE: December 13, 2010
RE: Council Communication
As we are all aware the City of Ashland is addressing the issue of homelessness. At the
December 7,2010 council meeting a comment was made that the police "kick people" pertaining to the
homeless. I would like to address this comment. In addition, I would like to provide the council with
data regarding prohibited camping, sleeping in public places, and trespass cites issued over the past three
years.
I am not aware of any incidents where officers have kicked a homeless person or any other
person during the course of their duties. This of course is unacceptable and would not be tolerated
outside a legitimate use of force situation. If a citizen came forward with an allegation like this it would
be investigated to the fullest. All of our patrol vehicles are equipped with an in-car camera system
(ICOP) and the majority of our contacts with citizens are audio and video recorded. This has settled
many allegations into police conduct as "we" (police management) have taken several complaints about
incidents. When there is audio and video to review from the complaints it often clears the allegations.
The police department, under Chief Holderness, has a proven record of holding officers'
accountable. In addition, most of the issues brought to management's attention about poor police
behavior have come from other officers holding their peers accountable. Therefore, I believe if an
officer kicked someone another officer would report the incident.
Since 2008 the police department has issued 97 citations for prohibited camping and sleeping
ordinances in public places and has issued a total of 293 citations for trespass. I will describe these stats
more in depth as the numbers have increased in 2010. Following is a breakdown of the stats per years
since 2008 provided by Officer Vanderlip.
2008
Total Citations: 23
Of the total citations: 14 were transient (61%)
Of the total citations: There were 17 unique persons cited.
Page I of 3
ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-6002
Fax: 541-488-5311
TTY: 800-735-2900
~.t. 1
Of the total citations: 3 were in the downtown area.
Of the total citations: 9 were in parks (7 in Lithia, 2 Skate Park).
Of the total citations: II were outside the downtown area or parks.
2009
Total Citations: II
Of the total citations: 8 were transient (72%)
Of the total citations: There were II unique persons cited.
Of the total citations: 4 were in the downtown area.
Of the total citations: 6 were in parks (All were in Lithia Park).
Of the total citations: I was outside the downtown area or parks.
2010
Total Citations: 63
Of the total citations: 51 were transient (8]%)
Of the total citation: There were 45 unique persons cited
Of the total citations: 27 were in the downtown area.
Of the total citations: 16 were in parks (] I in Lithia, 3 Skate Park, 2 in Calle Guanajuato).
Of the total citations: 20 were outside the downtown area or parks.
Trespassing Charges
2008 Count: 68
2009 Count: 93
20]0 Count: 132
Trespassing covers camping on private property or city property not open to public. Trespass
charges mayor may not be related to camping. Officer Vanderlip went through many of the cases and
estimated that approximately half of the trespass charges we cite are camping related.
I do not havc a definite cause that] can point to that explains why the numbers have increased
this year. I can say with some certainty that we have seen a higher volume of transients and homeless
people this year and they have stayed further into the season than years past. We usually get an influx of
transient homeless people in the early spring that stay all summer and seem to migrate in the fall. This
year we have had a large number of transient homeless people stay late into the fall.
I also believe we are getting more efficiency out of our officers. We are doing a lot more work
with the people we have. An example of this is in our investigations unit. In the first 10 months of this
year our detectives are investigating 20 % more cases than they did in the first 10 months of 2009. I am
not sure why this increase since our crime rate has not increased over the past year. I believe it is
because we are getting more out of our people.
Page 2 of3
ADMINISTRATION
20 East Main Street
Ashland, Oregoo 97520
WWN.ashland.or.us
Tel: 541-488.6002
Fax: 541-488-5311
TTY: 800-735.2900
~.t. 1
We have also had personnel changes that may equate to an increase in cites issued between an
officer who takes more enforcement action than another who does not. I do not have the info right now
to prove or disprove this.
The police department will continue to work with the City, the homeless, advocates, and other
organizations committed to this issue and take direction from council to resolve this problem.
,
Page 3 of3
ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
WWN,ashland.or.us
Tel: 541-488.6002
Fax: 541-488.5311
TTY: 800-735.2900
~.t. 1
CITY OF
ASHLAND
Memo
TO: Martha Bennett
FROM: Linda Reid
DATE: December 15, 2010
RE: Housing Commission Work on Homelessness
Housing Commission's Charge: The mission of the Ashland Housing Commission is to encourage
housing that is available and affordable to a wider range of City residents, to enhance cooperation
betwecn the public and private sectors, to encourage financial entities to support housing programs in
the City, to coordinate housing and supportive services programs and to educate the citizenry and
promotc public knowledge and understanding of the benefits of affordable housing.
It was discussed at the Housing Commission retreat held on Dec. I] th that the issue of homeless
campgrounds and other services that do not speak directly to housing are outside of the Housing
Commission's purview. The Housing Commission's main focus in the recent past with regard to the
homeless population has been on prevention through the provision of providing affordable housing
options. The Housing Commission does feel that they have a responsibility to the homeless population
that would like to be housed, whether that be populations facing foreclosure, or loss of stable housing
due to unemployment, or even those suffering from situations beyond their control, if those populations
express a need and desire for housing then it is within the Housing Commission's purview to assess
those needs and encourage/advocate for that housing type. Similarly services that speak directly to or
support the preservation, acquisition, or maintenance of housing situations, such as a foreclosure
prevention, housing counseling, homebuyer programs, or homeless/transitional housing coordination
would fall within the mission of the Housing Commission.
Actions that the Housing Commission has taken: In the past few years the Housing Commission has
worked toward supporting several affordable rental and homeownership projects, the projects include;
ACLT's- Parkview apts., Habitat for Humanity/ACLT ownership units on Garfield, RVCDC's Siskiyou
& Faith Project, Terrace Court, and Rice Park, the Housing Authority's Snowberry Brook and most
recently ACL T's Bridge Street Project. These developments have provided 100 units of affordable
rental and ownership housing opportunities. The housing commission has supported these projects and
encouraged creation and preservation of many others through support lellers, recommendations for
CDBG awards, recommendations for fee waivers, and several ordinance amendments. Most recently the
ADMINISTRATION
20 East Main Street
Ashland,Oregoo97520
WWoN.ashland.or.us
Tel: 541-488.6002
Fax: 541-488.5311
TTY 800-735.2900
~.t. 1
Housing Commission forwarded a recommendation to the council to fund the St. Vincent De Paul
Society's Home Visitation program which provides emergency rental and utility assistance to keep
people in their homes.
CDBG program funds mandate that Participating Jurisdictions (P1's) use a portion of the funds to
address the needs of homeless populations within the community. All HUD funding (CDBG,
McKinney-Vento Continuum of Care, Emergency Shelter Grant funds, and Housing Plus) that is used to
provide services (including shelter) to homeless populations requires a self sufficiency component.
HUD funds cannot be used to maintain participants in substandard housing situations. With regard to
CDBG funds, all P1's can utilize up to 15% (For the City of Ashland that amount is approx $30K) of
their total annual allocation toward Public Service activities (also known as direct services), which are
services that provide funding for direct services to populations. This funding can be used to pay for an
employee providing direct services, but can only provide funding for that position/job description for a
period of one year. CDBG funds cannot be used to fund the same position/job description on an
ongoing basis. Most HUD funding available for to serve homeless populations does not have a service
component (will not provide ongoing support for staffing).
Housing Program Specialists current allocation of time pertaining to homeless populations.
Currently the Housing Program Specialist spends 20-25% of their time on Homeless issues.
The Housing Program Specialist is currently also the chair of Jackson County's Homeless Task Force.
Consequently Ashland's Housing Program Specialist staffs two meetings a month at the minimum for
approximately 3.5 hours. When the Task Force is working on special events and outreach activities
which include the annual Project Homeless Connect event and the Point in Time one night homeless
count, the time commitment goes up significantly. Other activities that relate to homelessness include
working with potential grantees that provide homeless services regarding the use and availability of
Community Development Block Grant (CDBG) Funds, and working with the Homeless Task Force on
the Continuum of Care (CoC) McKinney-Vento grant RFP, application review and completion of the
Continuum application in the HUD e-snaps system.
Homeless Task Force/lO Year Plan: The City has increased its involvement in Jackson County's
Homeless Task Force, in an effort to better advocate for the needs of Ashland's homeless population and
better coordinate services.
Statistical information: HUD maintains a database for providers of homeless services called the
Homeless Management Information System, through this database and through the Continuum of Care
application process HUD gathers data regarding national trends in homelessness.
It is estimated that in 2008, I in every two hundred people in the state of Oregon was homeless. Data
from the Point in Time homeless Count conducted across the State of Oregon and throughout the U.S.
on January 2008 showed that Oregon had the highest concentration of homeless people of any state at
ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
www.ashland.OLUS
Tel: 541-488-6002
Fax: 541-488-5311
TTY: 800-735.2900
~.t. 1
.54 percent or 20,653. The 2009 report shows that Oregon no longer has the highest concentration of
homeless people; it has been surpassed by the state of Nevada at .85 percent of the total population. For
the second straight year, the number of sheltered homeless families increased nationally. The Jackson
County Point in Time homeless count which took place the last week of January 2010, counted 1034
homeless people, for 2010 the number of single parent and two parent households with children was up
significantly at 273 and 300 respectively, or 26% or 29% of the total population counted. In 2009 the
percentage of one parent households with children was 9.7% and the percentage of two parent
households with children was 2.9%.
The 2009 Annual Report on National Homelessness can be found at:
hit p:! Iwww.hudhrc.info/docu ment 5/5 th II omc lessAssessm en t R eporl. pd f
Data from the Jackson County Point in Time homeless count can be found at: http://www.access-
inc .0rg/Page .asp?N av I D= 3 23
ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.US
Tel: 541-488.6002
Fax: 541-488-5311
TTY: 800-735.2900
~.t. 1
ORDINANCE NO.
AN ORDINANCE RELATING TO TEMPORARY SUSPENSION
OF AMC CHAPTER 10.46 ENTITLED PROHIBITED CAMPING
Annotated to show aeletiofls and additions to the code sections being modified. Deletions are
bold "... .L . and additions are bold underlined.
WHEREAS, Article 2. Section I 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.
293,53] P 2d 730, 734 (1975);
WHEREAS, Councilor Navickas proposed that the Council consider suspending the
enforcement of the camping ordinance on December 7, 20 I 0;
WHEREAS, the Council heard over twenty citizens speak regarding the issue of suspending
enforcement of the camping ordinance on December 7, 20 I 0;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Temporary Suspension. Ashland Municipal Code Chapter 10.46 [Prohibited
Camping] shall be suspended until the Council chooses to lift this suspension or repeal the
chapter. In the event that the ,Council does not take any further action prior to March I,
20] I, the susp~nsion on enforcement shall automatically be lifted and Chapter 10.46 shall be
enforceable.
SECTION 2. Emen!ency. Conditions in the City of Ashland are such that this Ordinance is
necessary for the immediate preservation of the public health, peace, and safety. An
emergency is hereby declared to exist by unanimous vote of the Council, and this Ordinance
shall be in full force and effect after its passage and approval by the Mayor.
SECTION 3. Codification. Provisions of this Ordinance 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.
Ordinance No.
Page I of2
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
Reviewed as to form:
Megan Thornton, Interim City Attorney
Ordinance No.
,20]0.
John Stromberg, Mayor
Page 2 of2
'?).YA'it.
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~~
AMERICAN CIVIL LIBERTIES UNION
of OREGON
Decriminalizing
Poverty:
Reform of Ashland's
Camping Ordinance
A Report of the Southern Oregon Chapter
of the American Civil Liberties Union of Oregon
By Paul Moss and David Berger
October 13, 2008
~~':&~;7
.a...,.....~
..;. '.
. '..~
AMERICAN CIVIL LIBERTIES UNION
.1 OREGON ,. ',' ,. .,'
Decriminal,izing
Poverty:
Reform of Ashland's
Camping Ordinance
A Report of the Southern Oregon Chapter
of the American Civil Liberties Union of Oregon
By Paul Moss and David Berger
October 13, 2008
TABLE OF CONTENTS
I. Introduction
II. A Brief History of the Use of the Law to Persecute the Poor
III. Homelessness in America
IV. Punishing Homelessness is Cruel, Uncivilized, and Violates the U.S.
Constitution and International Law
A. Principles of Constitutional, International and State Law
B. Defects in Ashland's 'Prohibited Camping' Ordinance
V. Recommendations
VI. Appendices
A. Text of Ashland's 'Prohibited Camping' Ordinance
B. Text ofJones v. City of Los Angeles Settlement Agreement
C. Text of Oregon's Statewide Camping Law
DECRIMINALIZING POVERTY:
REFORM OF ASHLAND'S CAMPING ORDINANCE
A Report of the Southern Oregon Chapter of
the American Civil Liberties Union of Oregon
'\
October 13, 2008
By Paul Moss1 and David Berger2
"The law, in its majestic equality, forbids the rich as well as the poor to
sleep under bridges [and] to beg in the streets ...."
-Anatole France, Le Lys rouge ch. vii (1894) (S.H. trans!.)
"Think It over, one side of the city of Dallas people pay $69 fDr a
margarita and on the other side of town the homeless scrounge for scraps in
garbage cans. What would be the civilized response to such a disparity?"
- Bill Moyers' commencement speech, SMU 2007
Fact: Homeless adults have an age-adjusted mortality rate nearly four
times that of the general population (See studies at
htto:/Iwww.medscaoe.com/viewartlcle/411781).
INTRODUCTION
Poverty has been a chronic problem in the United States, as in most
nations, from its birth. With today's burgeoning current economic crisis, it is likely
that the ranks of the poor will grow rapidly, and, with them, the number of
homeless persons on the streets of America',s cities and towns.
The Southern Oregon Chapter of the American Civil Liberties Union of
Oregon calls upon the City of Ashland to convert its Prohibited Camping
ordinance from a law which punishes poverty and homelessness into one which
1 Paul Moss is a semi retired businessman, a certified co-leader with the Mankind
Project - an international men's growth organization, a former Court Appointed
Special Advocate, and a trained mediator and volunteer at Folsom prison
working with maximum security inmates.
2 David Berger is a practicing trial attorney, and a member of the Board of
Directors of the Southern Oregon Chapter of the Oregon ACLU.
prods the City to provide housing for the homeless. We submit this report to
place the problem of homelessness in its historical and sociological context; to
identify ways in which this anti-camping law is inconsistent with the values of the
Ashland community, inhumane and unlawful; and to recommend changes in that
law.
I. A BRIEF HISTORY OF THE USE OF THE LAW
TO PERSECUTE THE POOR
In Western societies, homeless people historically have been punished for
their economic disadvantage, and have consistently been subjected to
unfavorable treatment, such as restrictions on physical mobility or liberties,
particularly with the advent of "workhouses," and brutal punishment have been
meted out to people not tied to a particular place. Laws were passed during the
14th century to keep laborers tied to their masters during times of labor shortage.
By the 16th century, however, they had been applied rnore generally against the
homeless. An English variant, for example, required that any arrested "idle
person" found guilty of vagrancy should be whipped in the marketplace until he
was bloody.3
This law marked a changed attitude towards people who were unattached
to a particular place or position. Beggars and vagrants who were once respected
as the children of God in more religious times, quickly came to be seen as a
threat to a society becoming increasingly loyal to the secular values of
3 Submission to the Standing Committee on Justice and Social Policy (Province
of Ontario) with Respect to Bill 8 (Safe Streets Act(November 29. 1999), at
http://www.equalityrights.org/cera/docs/BiII8Submission.html)
productivity and material wealth. Examples of the criminalization of
homelessness also start to appear by the 18th century in North America, one of
the forerunners being New York's anti-transient poor law.4
II. HOMELESS NESS IN AMERICA
The National Law Center on Homelessness and Poverty, in a recent
study, estimated that there are approximately 3.5 million people in the United
States, 1.35 million of them children, who are likely to experience homelessness
in the course of any given year.5 But conflicts over how to define
"homelessness" complicate the estimates. Federal law has for many years
regarded people as homeless only if they are living on the streets or in shelte'rs.
Congress is now considering legislation to broaden the definition to
include those doubled up with friends and relatives or living short time in motels.
With insufficient funds to house those living on the streets, advocates of the
homeless are divided over whether to broaden the definition to include those who
at least have a roof over their heads.6 According to federal housing officials,
about 700,000 live on the streets or in shelters, but federal dollars pay for only
170,000 beds.7
4/d.
5 National Coalition tor the Homeless, How Many People Experience
Homelessness, NCH Fact Sheet #2 (June 2008), citing National Law Center on
Homelessness and Poverty (2007), at
htlo:llwww.nationalhomeless.org/publications/facts/How-Many .pdt.
6 Rachel L. Swarns, The New York Times, September 16, 2008, p. A-15.
7/d.
The numbers of the homeless increased in the late 1970s, due to de-
institutionalization of the mentally ill, and broken promises to provide outpatient
psychiatric and social services. Another dramatic increase occurred during the
Reagan Adrninistration when the federal government cut back on building and
subsidizing housing for low-income people, and reduced social assistance
programs. Further, urban renewal and gentrification forced many people out of
low rent housing onto the streets.S
Consistent with the arc of West em history, cities across the United States
have for generations subjected the poor to the criminal law, thus leaving them to
the mercies of the police. This includes targeting homeless persons by making it
illegal to perform life-sustaining activities in public, such as sleeping or camping,
eating, sitting, and begging. The police in many communities oppress the
homeless with constant harassment, enforcement of anti-panhandling laws, and
occasional sweeps of areas where homeless persons are living, often resulting in
the destruction of personal property, including important documents and
medications. One journalist recently described the impact as follows:
"Some of Sacramento's homeless spend entire nights walking in order to
avoid illegal camping citations that turn into warrants, then arrests. But
most risk curling up in front of the mission, in the shadowy doorways of
downtown shops or along tree-lined banks of the American River. .... The
chronic homeless tend to be people with addictions, mental illnesses or
physical disabilities. Their social support systems are fragile or broken,
S Martin Donohoe, MD, Homelessness in the United States: History,
Epidemiology, Health Issues, Women, and Public Policy, from Medscape
Ob/Gyn & Women's Health (July 2004), at
http://www.medscape.com/viewarticle/481800.
their finances long since shot. They have lived on the streets a year or
more, or cycled in and out of homelessness for years."9
Fortunately, although such inhumane practices are too common in the
United States, they still appear to be the approach of only a rninority of
communities. In a survey of 224 cities, the National Conference of Mayors
found:
. Only 21% prohibit begging citywide, and 43% in particular public
places;
· 16% prohibit "loitering" citywide, 39% prohibit loitering in particular
public areas, and 27% prohibit sitting/lying in certain public places;
. Only 16% had citywide prohibitions on camping, and 28% on camping
in particular public places.1 0
The criminalization of poverty in general and homelessness in particular is
cruel and counterproductive. It intensifies the problem by moving people away
from social services, and by imposing criminal records on the poor thus making it
even more difficult for them to obtain employment or housing. To use Bill
Moyers' standard, quoted at the beginning of this report, this is an uncivil and
uncivilized response to an economic and social issue.
.
9 Jocelyn Wiener, 'Ticket to Nowhere," The Sacramento Bee, June 24, 2005, at
htto:/IoarkwavbloQ.bloQsoot.com/2005/09/oarkwav-camoinQ-citations. html.
10 National Coalition for the Homeless, A Dream Denied: The Criminalization of
Homelessness in U.S. Cities (June 2008), at
htto://www.nationalhomeless.orq/oublications/facts/criminaIization.odf
III. PUNISHING HOMELESSNESS IS CRUEL, UNCIVILIZED, AND VIOLATES
THE U.S. CONSTITUTION AND THE SPIRIT OF INTERNATIONAL LAW
A. Principles of Constitutional. International. and State Law.
The U.S. Supreme Court has repeatedly declared unconstitutional those
laws that punish poverty. As stated in the dissent of Justice Douglas in Hicks v.
District of Columbia, 383 U.S. 252, 255 (1966), "I do not see how economic or
social status can be made a crime any more than being a drug addict can be."
"[T]he freedom to loiter for innocent purposes is part of the 'liberty' protected by
the Due Process Clause of the Fourteenth Amendment," Chicago v. Morales,
527 U.S. 41,53 (1999), and includes the "'right to remove from one place to
another according to inclination' as an 'attribute of personal liberty' protected by
the Constitution." Id. (quoting Williams v. Fears, 179 U.S. 270, 274 (1900)).
Moreover, "an individual's decision to remain in a public place of his choice is . . .
a part of his liberty". Id. at 54
Most recently, the U.S. Court of Appeals for the 9th Circuit, whose
jurisdiction includes Oregon, declared that a city that does not provide adequate
shelters for the destitute cannot constitutionally enforce against them a law
prohibiting sitting, lying or sleeping in public places. Jones v. City of Los
Angeles, 444 F.3d 1118 (9th Cir. 2006), vacated as moot, 505 F.3d 106 (91h Cir.
2007). The lawsuit challenging the Los Angeles ordinance was filed in 2003 on
behalf of six homeless persons by volunteer lawyers of the National Lawyers
Guild and the Arnerican Civil Liberties Union of Southern California. The U.S.
District Court dismissed the suit, but the 9th Circuit Court of Appeals reversed
and remanded the case to the District Court. In 2007, all of the parties agreed to
a settlement of the case, which included amending the ordinance and vacating
the 9th Circuit opinion as "moot." The 9th Circuit approved the agreement
and,pursuant to the agreement, vacated its opinion.
The Jones opinion concluded that the anti-sleeping ordinance, as applied
to homeless persons, violated the 8th Amendment of the U.S. Constitution, which
prohibits "cruel and unusual punishments." Over time, constitutional law has
evolved to distinguish between voluntary conduct, which may be deemed
criminal, and involuntary conduct, which, like status, cannot be deemed criminal.
As the 9th Circuit stated in Jones, "the conduct at issue here is involuntary and
inseparable from status - they are one and the same, given that human beings
are biologically compelled to rest, whether by sitting, lying or sleeping." 444 F.3d
at 1136. And again, "Nor may the state criminalize conduct that is an
unavoidable consequence of being homeless - namely sitting, lying, or sleeping
on the streets. . ." (d. at 1137.
The court was careful to point out that it was not confronted with a faci~l
challenge to the' ordinance, nor with an ordinance that prohibited "sitting, lying, or
sleeping only at certain times or in certain places within the city," nor "the
constitutionality of punishment when there are beds available for the homeless in
shelters." As summarized by the court:
"All we hold is that, so long as there is a greater number of
homeless individuals in Los Angeles than the number of available beds,
the City may not enforce section 41.18(d) at all times and places
throughout the City against homeless individuals for involuntarily sitting,
lying, and sleeping in public. Appellants are entitled at a minimum to a
narrowly tailored injunction against the City's enforcement of section
42.18(d} at certain times and/or places." Id. at 1138.
Although the Jones opinion is no longer binding, and is not a legal
precedent, it does layout in clear language the reason why municipal
prohibitions on sleeping on the streets or camping on public property are cruel
and perhaps unconstitutional. The opinion contains a thorough discussion of this
issue in judicial decisions across the country as well as by the United States
Supreme Court. Thus, the Jones opinion, though vacated as moot, warns
against the justice, soundness, and legal vulnerability of such laws.
The Jones Settlement Agreement implements these principles with three
key features:
. First, it provides that the Los Angeles ordinance shall not be enforced
between 9 p.m. and 6 a.m. until a substantial number of additional
permanent supportive housing units are constructed within the city.
.. Second, it provides that the ordinance may be enforced at any and all
times at certain locations, e.g. within 10 feet of a driveway or loading
dock.
. Third, it provides that no person shall be arrested for a violation of the
ordinance unless the person has first received a warning from a Los
Angeles peace officer and has been given a reasonable time to move.
Any ordinance restricting camping and sleeping in public places should be
guided by the principles of the Jones opinion, and by the implementation of those
principles in the "Jones v. City of Los Angeles Settlement Agreement."
International law also argues against punishing the poor. The Universal
Declaration of Human Rights, of which the United States is a signatory, provides:
"Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security
in the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control."ll
Finally, the law of Oregon also sets limits on how far counties and cities
can go in regulating camping by the homeless. ORS 203.077 requires all
municipalities and counties to: (1) "Develop a policy that recognizes the social
nature of the problem of homeless individuals camping on public property;" and
(2) "Implement the policy as developed, to ensure the most humane treatment for
removal of homeless individuals from camping sites on public property." ORS
203.079 provides specific requirements that must be included in the policies. As
noted below, Ashland's current ordinances are not in compliance with all of those
requirements.
B. Defects in Ashland's "Prohibited Campinq" Ordinance
Ashland's Prohibited Camping ordinance, Municipal Code Section 10.46,
violates United Nations Resolution 217A by punishing homeless persons for
sleeping or camping in public places, rather than providing shelter for them. It
violates Oregon's state law, ORS 203.077 and 203.079, by not "recogniz[ing] the
social nature of the problem," by not requiring camp closing notices to be posted
11 United Nations General Assembly Resolution 217A, Article 25 (December
1948), at http://www.un.orq/Overview/riqhts.html.
in Spanish as well as English, by requiring confiscated property to be stored for
only 14 days instead of the State law required 30 days, and by not restricting the
issuance of citations within 200 feet of the required notice and within 2 hours
before or after the posting of a camp closing notice.
Most importantly, the Ashland ordinance fails to comply with the principles
taught by the gl:h Circuit's Jones opinion and implemented by the Jones case
settlement. The key principle in the Jones opinion and in the settlernent is that
anti-camping and sleeping laws not be enforced against homeless persons
unless the city provides adequate housing for such persons. According to the
Ashland Police Department, at least 100 citations have been issued since 2003
for violation of the Ashland Prohibited Camping ordinance. Yet currently, there is
no operating housing or shelter for the homeless in Ashland.
It has been suggested that declaring a violation of Ashland's Prohibited
Camping ordinance simply an "infraction" or a "violation" and not a misdemeanor
or a crime would relieve the ordinance from any requirement of compliance with
the 8th Amendment to the U.S. Constitution. This analysis is invalid.
The 8th Amendment reads, in its entirety, "Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted." Even if the offense is characterized as only a "violation" or "infraction"
the offender would be subject to a fine of up to $500 for "each and every day
during any portion of which" a violation occurs. The proposed amended
ordinance goes on to provide that "such person shall be punished accordingly."
The imposition of such a fine on persons who had no means to afford shelter
would constitute both an "excessive fine" as well as "cruel and unusual
punishment", either of which would violate the 8th Amendment.
IV. RECOMMENDATIONS
The City Council should adopt revisions to the Prohibited Camping
ordinance, Municipal Code Section 10.46, and to the related "Sleeping
Prohibited" ordinance, Section 10.68.230, which include the following:
1. Section 10.46.020 ("Camping Prohibited") should be amended to
provide that, except as set forth in Section 10.46.030, the prohibitions in this
ordinance shall not apply between the hours of 9:00 p.m. and 8:00 a.m., unless
and until at least 50 units of permanent supportive housing are created within the
City of Ashland, at least 50 percent of which are centrally located. These units
must be created for current or chronically homeless persons.
2. Section 10.46.030 ("Sleeping on Benches or Within Doorways
Prohibited") should be amended to eliminate present Subsections A and B, and
to provide that camping and sleeping shall be prohibited within 10 feet of any
operational and usable entrance, exit, driveway or loading dock, as measured by
the provisions of Section 3 of the Jones case Settlement Agreement.
3. Section 10.46.040 ("Removal of Campsite") should be amended to
provide that: (a) it shall not be enforced except under the terms of amended
Sections 10.46.020 and 10.46.030, above; (b) the notice to close a camp site
must be posted at least 48 hours, instead of only 24 hours in advance, and must
be in Spanish as well as English; (c) arrests may not be made and citations may
not be issued within 200 feet of a campsite nor within 2 hours before or after the
posting of a closing notice; and (d) confiscated property must be stored for at
least 60 days.
4. Section 10.46.050 ("Penalties") should be amended to lower the
offense in Subsection A to a "violation," to correct the erroneous reference in
Subsection B to Section 1.08.010, and to correct the next to last word in
Subsection B from "rebuttal" to "rebuttable."
5. Section 10.68.230 ("Sleeping Prohibited") should be repealed.
APPENDIX A
Full text of Ashland's "Prohibited Camping" Ordinance
10.46 Prohibited Camping
10.46.010 Definitions
Unless the context requires otherwise, the following definitions apply:
A. ''To Camp" means to set up or to remain in or at a campsite.
B. "Campsite" means any place where bedding, sleeping bag, or other material
used for bedding purposes, or any stove or fire is placed, established, or
maintained for the purpose of maintaining a temporary place to live, whether or
not such place incorporates the use of any tent, lean-to, shack, or any other
structure, or any vehicle or part thereof.
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 or by declaration of the
Mayor in emergency circumstances:
10.46.030 Sleeping on Benches or Within Doorways Prohibited
A. No person shall sleep on public benches between the hours of 9:00 p.m. and
8:00 a.m.
B. No person shall sleep in any pedestrian or vehicular entrance to public or
private property abutting a public sidewalk.
10.46.040 Removal of Campsite
Upon discovery of an unattended campsite, removal of the campsite by the city
may occur under the following circumstances:
A. Prior to removing the campsite, the city shall post a notice, 24-hours in
advance.
B. At the time that a 24-hour notice is posted, the city shall inform a local agency
that delivers social services to homeless individuals where the notice has been
posted.
C. The local agency may arrange for outreach workers to visit the campsite
where a notice has been posted to assess the need for social service assistance
in arranging shelter and other 'assistance.
D. All personal property shall be given to the police department whether 24-hour
notice is required or not. The property shall be stored for a minimum of 14 days
during which it will be reasonably available to any individual claiming ownership.
Any personal property that remains unclaimed for 14 days may be disposed of.
'For purposes of this paragraph, "personal property" means any item that is
reasonably recognizable as belonging to a person and that has apparent utility.
Items that have no apparent utility or are in an insanitary condition may be
immediately discarded. Weapons, drug paraphernalia and items that appear to
be either stolen or evidence of a crime shall be given to the police department.
E. The 24-hour notice required under subsection D of this section shall not apply:
1. When there are grounds for law enforcement officials to believe that illegal
activities other than camping are occurring.
2. In the event of an exceptional emergency such as possible site contamination
by hazardous materials or when there is immediate danger to human life or
safety.
10.46.050 Penalties
A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of an
infraction as set forth in Section 1.08.010. (ORD 2841, S1 1999)
B. 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 rebuttal, however.
10.46.060 Application outside city
This chapter applies to acts committed on property owned by the city that is
located outside the city.
APPENDIX B
Text of Jones v. City of Los Angeles Settlement Agreement
[Electronic text needed. or we'll add this at the printinQ staQel
APPENDIX C
Text of Oregon's Statewide Camping Law
[Electronic text needed, or we'll add this at the Drintinq staqel
203.055
COUNTIES AND COUNTY OFFICERS
203.077 Camping by homeless on pub-
lic property; local governments required
to' develop policy for removal of camps.
All municipalities. and counties shall:
(1) Develop a policy that recognizes the
social nature of the problem of homeless in-
dividuals camping on public property.
(2) Implement the policy as developed, to
ensure the most humane treatment for re-
moval of homeless individuals from camping
sites on public property. [1995 d21 ~11
203.079 Required elements of local
government policies on camping by
homeless. (1) A policy developed pursuant
to ORS 203.077 shall include, but is not lim-
ited tD, the follDwing:.
(a) Prior to removing homeless individ-
uals from an established camping site, law
enforcement officials shall post a notice,
written in English and Spanish, 24 hours in
advance.
(b) At the time that a 24-hour notice is
posted, Isw enforcement officials shall inform
the local sgency that delivers social services
to homeless individuals where the notice has
been posted.
(c) The local agency may arrange for
outreach workers to visit the camping site
where a notice has been posted to assess the
need for social serVice assistance in arrang-
ing shelter and other assistance.
(t:!{ All un<:laimed personal property shall
be glVen . to law enforcement officials
whether 24-hriur notice is required or nDt.
The property shall be stored for a minimum
of 30 days during which it will be reasonably
available ta any individual claiming owner-
ship. Any personal property that remains
Unclaimed for 30 days may be disJ'osed Df.
FDr.' purposes of this paragraph, personal
property" means any item that is reasDnably
recognizable as belonging to a person and
that has apparent utility. Items that have no
apparent utility or are in an insanitary CDn-.
dition may be immediately discarded upDn
removal of the homeless individuals from the
camping site. Weapons, drng parapbernalia
and items that appear to be either stolen or
evidence of' a crime shall be given to law
enforcement officials.
(e) Following the removal of homeless
individuals frDm a camping site on public
property, the law enforcement Dfficials, local
agency officials and Dutreach workers may
meet to assess the notice and removal policy,
to discuss whether the removals are DCCur-
ring in a humane and just manner and to
determine if any changes are needed in the
policy.
(2) The 24-hour notice required under
subsection (1) of this section shall not apply:
.(a) When there are grounds for law en-
forcement officials to'peMeve that illegal ac-
tivities otber than camping are occurring.
(b) In the event of an exceptional emer-
gency such.as possible site contamination by
hazardous materials or when there is imme-
diate danger. to human life or safety.
(3) A person authDrized to issue a cita-
tion for unlawful camping under state law,
administrative rule or city or county ordi-
nance may nDt issue the citation if the cita-
tion would be issued within 200 feet of tbe
nDtice described in' this section and within
two hours before Dr after the notice was
posted. [1996 <.121 ~2; 1999 <.761 ~IJ
203.081 Sites not Subject to ORS
203.077 to 203.081. AB used in ORS 203.077
to 203.081, "camping site" does nDt include:
(i) Public property that is a day use rec-
reatiDnal area.
(2) Public property that is a desi~ted
campground and occupied by an individual
under an agreement with a municipality Dr
county. 11996 0,121 ~3J
203.082 Camping by homeless on
property of religious institutions; re-
quired elements of policies of local gov-
ernments and religious institutions. (1)
Any political. subdivision in this state ma;\'
allow churches, synagogues and similar reli-
gious institutions to offer Dvernight camping
space Dn institution property to homeless
perSDns living in vehicles.
(2) In addition to any conditions or limi-
tations imposed by a politiclil subdivision, a
religious institution IDcated' within the poli-
tical subdivision and offering camping space
described under subsection (1) of this section
must: .
(a) Limit camping space at the institution
site to three or fewer vehicles at the same
time; and
(b) Provide campers with access to sani-
tary facilities, including but not limited tD
toilet, hand washing and trash disposal facil-
ities. 11999 <.319 ill
City of Ashland, Oregon - Municipal Code
Page] of]
2.19 Housing Commission
2.19.005 Purpose and Mission
The mission of the Ashland Housing Commission is to encourage housing that is available
and affordable to a wider range of city residents, to enhance cooperation between the
public and private sectors, to encourage financial entities to support housing programs in
the city, to coordinate housing and supportive services programs and to educate the
citizenry and promote public knowledge and understanding of the benefits of affordable
housing.
(Ord 3003, 20] 0)
2.19.010 Established Membership
The Housing Commission is established and shall consist of nine (9) voting members and
one (I) non-voting ex-officio member who shall be the City Housing Program Specialist.
(Ord 3003, 2010)
http://www.ashland.or.us/CodePrint.asp?Branch=True&CodeID= 386 ]
12116/2010
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Annual Appointments Citizen Bud~et Committee
December 21, 2010 Primary Staff Contact: Barbara Christensen
City Recorder E-Mail: christeb@ashland.or.us
none Secondary Contact: none
Martha Bennet Estimaled Time: 15 minules
Question:
Shall the Mayor and Council approve the annual appointmenls for the vacant positions on the Citizen
Budget Committee wilh lerm ending December 31, 2013?
Staff Recommendation:
None
.
Background:
These vacancies occurred with lhe term endings of Allen Douma, Dennis Slattery and Lynn Thompson
on December 31, 20 10.
The deadline for submission of applications ended on November 5, 2010 and notice of these vacancies
were published in the local newspaper and placed on the city websile.
Oflhe three members whose terms are ending, Lynn Thompson has request re-appoinlment. New
applications were received from Douglas Genlry, Bruce Harrell, Chuck Keil and Sandra Coyner.
Related City Policies:
Oregon Budget .Law ORS Chapter 294
Council Options:
. Select three applicalions for appointment to the Citizen Budget Committee wilh term
ending December 31,2013. (Ballots will be provided at lhe meeting)
Potential Motions:
MOlion to approve
31,2013.
to lhe Cilizen Budget Committee with term ending December
Attachments:
Applicalions received.
!,.~
Page 11
: (10/~1/2010) Barbara Christensen - Cilizens Budgel Committee
From:
To:
Date:
Subject:
Lynn Thompson <Ikthompson@hotmail.com>
<chrisleb@ashland,or,us>
10/21/20103:21 PM
Citizens Budgel Committee
Dear Ms, Chrislensen,
Please accepl this email as my request for reappointmenllo lhe Cilizen's Budget Committee, My lhree
year,lerm expires on December 31, 2010,
I have been on lhe committee since 2005. and during lhal period, I have served as Chair and Vice Chair,
I have participaled in lhe Social Services and Economic and Cultural Grants subcommittees and I have
attended training sessions,
The learning curve associaled with this posilion is significant. I believe that lhe knowledge I have gained
from my previous service will be helpful in this challenging budgeling environment.
I would enjoy lhe opportunity 10 continue serving my community in this way,
Thanks to you, the Mayor and the City Council for considering me for reappointment.
Lynn K. Thompson
CITY OF'
ASHLAND
APPLlCA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to lhe following questions and submillo the City Recorder al
City Hall, 20 E Main Street, or email christcb(Q)ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name _ _Douglas Gentry
Requesting to serve on: _Citizens Budget Committee
(Commission/Committee)
Address_574 Long Way Ashland
Occupalion _ _College Instructor_
Phone: Home 541-201-0358
- ~
Work 541-261-8501
Email_doug@dynapolis.com _
Fax (home phone)
1. Education Backl!round
What schools have you attended?
Stanford Univ. ,Univ. of Michigan
What degrees do you hold? BA (Stanford), MPH (Michigan) MA-Applied
Economics (Michigan)
Whal additional training or educalion have you had lhal would apply 10 this posilion?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
_Medical Economist, Kaiser Permanente, Healthcare Consultant - Strategy,
Marketing, College Instructor (Economics and Finance)
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? _I'm a lifelong learner, but in this case I
suspect that the toughest issues facing the committee will not lend themselves to
further training. An orientation to public sector fund balance accounting might
help.
~411
._~
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~j.'
; (11/412010) Barbara Chrislensen - Applicalion For Appointmenllo the5ilizen Budgel committee
_i>.".ge11
From:
To:
Date:
Subject:
"Bruce Harrell" <bbh@mind,net>
"Barbara chrislensen" <chrisleb@ashland,or.us>
11/3/20105:38 PM
Application For Appointment to the citizen Budget committee
tho Barbara Chrislianson And To Whomever Else this May Concern,
Below please find my application for the budget committee, I encourage you to call me if you have any
questions or if I may be of any assistance,
Thanks,
bruce
November 3, 2010
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITIEE
Please type or prinl answers to lhe following queslions and submit 10 the City Recorder at City Hall, 20 E
Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free 10 contacllhe
City Recorder a1488-5307, Attach additional sheels if necessary,
Name
Bruce Harrell
Requesting to serve on: Citizen budget Committee (Commission/Committee)
Address175 Brooks Lane, Ashland
Occupation Phone: Homesemi-retired attorney and judge pro lem
541-482-2115
Work
Email
bbh@mind,net
Fax
Education Background
What schools have you attended?
(11/4/2010) Barbara Chrislensen - Application For Appoinlment to the cilizen Budgel committee " Page2" I
- ._- ---~---._----_.__.._-~- ---
University of California at Los Angeles, School of Law; Califomia Slale University al Long Beach;
California Cenler for Bibiical Sludies; Sanla Monica City <:;ollege
Whal degrees do you hold? Bachelors(Hislory} and Juris Doctoral~ (law)
What additionallraining or education have you had that :ovould apply 10 lhis position?
College courses in acounling, macro economics and micro economics,
?
Relaled Experience
Whal prior work experience have you had thaI would help you if you were appointed 10 lhis position?
Ulilizing forensic accounling and experts in divorce cases involving valualion of family businesses
founding and chairing lhe Joint Aclion Committee of Organizalions Of and For lhe visually Handicapped
Member, other committees including a national committee for lhe accreditation of schools and inslilutions
for the blind
legal and judicial experience lotalling over decades
Cards I've been deall for which I can claim no credil nor shame, such as lhe smart and lhe curiosity cards
Polilical experience in California too complicaled 10 describe bul which resulled in 4 successfully enacled
bills in the Sacramenlo legislalure benefiling the educalion of thousands of handicapped children,
hundreds of physically and sexually abused children, and higher quality eye care for partially sighted
children and adults
A mother, sister and brolher-in-Iaw who arelwere all clinical psychologists
A life worth the autobiography I intend 10 write someday (bul the story's nol over, so why start writing it
now?)
A ready willingness to laugh at myself and not lake myself seriously
There's more, bull'lI have 10 write lhat aulobiography first if you really wanl it.
?
?
?
Do you feel il would be advantageous for you to have further training in lhis field, such as attending
conferences or seminars? Why?
Yes, I intend 10 master the historic backdrop, legal aUlhority for, boundaries of and dulies of the cilizen
budgel committees inh bolh Ashland and in oregon, This knowledge is necessary for me 10 form an
independent opinion, and an independent opinion is absolulely essenlial for all members of the budget
committee, Wouldn't you agree? I may also need some help deciphering lhe city accounling and financial
records I will be examining. It is my understanding lhey do not resemble conventional accounting and
financial slatemenls based on GAAP (Generally Accepted Accounting Principles), What I mighl need for
my formallraining and education once on the committee, however, should be little 10 none since I am
,i~1/4/2010) Barbara Chrislensen - Application For Appoinlment 10 thecilizen ,Budgel committee
Page 3 ;
"___ _--.J
quile experienced doing my own legal research and background invesligation, I have been doing both in
lhe conlext of litigation for decades withoul the need for more lhan an occasional retained expert,
I'm nol sure there's more 10 lhis form, My screen reading software is having trouble with access and
compatability, Please e-mail me at your earliest convenience if you desire additional information or call me
a1482-2115,
Thank you,
bruce Harrell
bbh@mindnel
482-2115
?
Inleresls
Why are you applying for lhis posilion?
It is painful 10 live wilh lhe difference between whal is and what could be,?
?
?
Availability
Are you available to attend special meetings, in addilion 10 lhe regularly scheduled meetings? Do you
prefer day or evening meetings?
?Yes, I am more available lhan anyone, I have an extremely fiexible schedule, and my wife (whom I love
greatly)_ is very supportive, I definitely prefer mornings, however, Afternoons are my second choice, I
don'l mind weekends, Evenings is nol my besllime, I have been early to bed, early 10 rise for many
years,
?
Additional Information
How long have you lived in lhis community?
Severallifelimes, beginnin9 in 1986
Please use the space below to summarize any additional qualjficalions you have for this position
?
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or prinl answers 10 the following questions and submil to the City Recorder at
City Hall, 20 E Main Slreet, or email christeb(Q}ashland.or.us. If you have any queslions,
please feel free 10 conlact lhe City Recorder at 488-5307, Attach additional sheets if
necessary.
Name_Chuck Keil
Requesting to serve on: _Budget committee
(Commission/Committee)
Address_359 Kearney Sl.
Occupation _ Relired
Phone: Home 541-944-5693
Work
Email_ckeil@opendoor.com
Fax
1. Education Backe.round
What schools have you attended?
Cornell Univeristy, Purdue University
Whal degrees do you hold?
BS, MS_Chemistry
Whal additional training or education have you had that would apply to this position?
Various Oregon School Board Association seminars and conferences on budgels, bonds,
and tax revenue,
2. ,Related EXDerience
What prior work experience have you had lhat would help you if you were appoinled to
this position?
Ashland School Districl Budget Committee 2000-2001;
Ashland School Board 2001-2005
Small business owner in Ashland 1994-2002
Do you feel it would be advantageous for you to have further lraining in this field, such
as attending conferences or seminars? Why? _Yes, it is always advantageous to hear
from experts in the field and to discuss new ideas with colleagues from olher
locations.
r~'
3. Interests
Why are you applying for this position? I have experience from the school district
both in reducing overhead and increasing revenue. I have a good, fundamental
underslanding of the complexilies oflocal governmental finance in Oregon, and an
interesl in preserving and improving the services the community receives from the City.
4, Availabilitv
Are you available to attend special meelings, in addition to the regularly scheduled
meetings? Do you prefer dayor evening meetings? _Yes, Eilher
5, Additional Information
How long have you lived in this community?
_17 years
Please use the space below 10 summarize any addilional qualificalions you have for Ihis
position
11/5/2010
Date
C. Keil
Signature
r~'
October 13.2010
Barbara Christensen
City Recorder
City of Ashland
Ashland OR 97520
I hereby apply for appointment to the City of Ashland's Citizens' Budget
Committee. My application form is attached.
As a recent retiree. I am pleased to find that I have time to serve my City in ways
that were previously impossible for me because my full-time employment made
such strong demands on my time. I wish to serve on the budget committee
because I believe I have the necessary skills and temperament. I have
experience with budgets. including city budgets and fund accounting.
Numbers intrigue me; they do not intimidate me. I am accustomed to the
extensive homework preparation that is necessary for working on budgets. and
with the political considerations that require a municipality to try to reach many
worthy goals with limited means.
Above all. I look forward to working with Ashland citizens and councilors on this
important issue. My style is collaborative and consensus-seeking. I believe my
peers have frequently selected me for leadership positions because I am
effective in bringing individuals togetheLto work on shared interests. I see the
role of budget-making as ensuring that the budget reflects the values of the
citizens. not as a place to push a particular agenda. Like Jon Stewart. however.
I do lean always toward rationality.
I hope I will have an opportunity to serve the city in this capacity,
Sincerely yours.
[Sandra Coyner)
Sandra Coyner
1160 Fern St.
Ashland. OR 97520
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please lype or prinl answers to the following questions and submit 10 lhe City Recorder at
City Hall, 20 E Main Street, or email chrisleblalashland.or.us. If you have any questions, please
feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary.
Name_Sandra Coyner
Requesting to serve on: _Citizens Budget Committee
Address 1160 Fern St.. Ashland OR
Occupalion_retired Professor
and academic administrator
Phone: Homc 541-488-8429
- -
Work
Email: sandra.covner@qmail.com
OR coyner@s'ou,edu
Fax
l. Education Back2round
What schools have you attended? Rice Univ. Bryn Mawr Coli.. Rutgers Univ.
What degrees do you hold? _AB. MA. Ph.D. [all in history/social science)
What additional training or education have you had lhal would apply to this position?
_none-e.g.. no accounting degrees or courses
2. Related Experience
What prior work experience have you had that would help you if you were appoinled to this
posi tion?
I had about 30 years of work experience administering academic programs.
including responsibility for budgeting. Because I worked in public
universities. I learned much about budgeting within government agencies.
which generally seem to have their own special requirements. At SOU. I
administered the University Colloquium and the Honors Program. At Kansas
State University. I was head of the Women's Studies Program.
(See the additional information at the end of this application form for my
relevant involvement with city government and non-profit organizations and
associations.)
\
Do you feel il would be advantageous for you to have further lraining in this field, such as
attending conferences or seminars? Why?
I do not think I need further troining in order to work on this committee. I
think I know what I need to know to quickly learn to understand this City's
budget. I am. however. very willing to attend and participate in any
training provided by the city to this committee's members. The City Finance
Director's presence at meetings will be extremely valuable to all.
3. Interests
Why are you applying for this position?
I want to serve the city I love. I am comfortable with numbers and
budgets-something not many people I know would say--and think I can be
of service here. I am aware that in these difficult times, Ashland's budget
will entail making some hard choices because we cannot afford everything
we would want to do. I am committed to calm rationality as the method for
working through those hard choices.
4, Availability
Are you available to attend special meetings, in addition 10 the regularly scheduled
meetings? Do you prefer day or evening mcclings?
I can attend meetings day or night. including January through July, I
marginally prefer to meet during the day but evenings and weekends are
fine with me.
5, Additionallnformation
How long have you lived in this community?
15 years (since 1995)
Please use the space below 10 summarize any addilional qualifications you have for this
position
I have also been involved with a number of nonprofit organizations. and,
have several times been elected to office that included budget
responsibility. These include the National Women's Studies Association. of
which I was President; Midwest Regional Women's Studies Association; and
AAUW Ashland (Leadership Teamlequivalent of co-presidency).
I have been a citizen volunteer for city government in Manhattan. Kansas.
mainly through many years of service on the citizen committee that advised
on grants to nonprofit organizations. We had budget issues! We worked
cooperatively to suppor! our councilors allocate scarce resources.
I have served as Treasurer for a candidate's campaign for election to public
office. with the benefit of further exposure to and learning about how
government bureaucracy deals with financial matters.
November 5.2010
Dalc
(Sandra Coyner)
Signalure
CITY OF
ASHLAND
Council Communication
Meeting Dale:
Department:
Secondary Dept.:
Approval:
Ordinance Creating a New Chapter 13.30 - Relating to the
Advance Financing of Public Improvements
December 21,2010 Primary Slaff Contacl: Michael R. Faught
Public Works E-Mail: faughtm@ashland.or.us
N/A Secondary Contact: Megan Thornton
Martha Bennett ESlimated Time: 10 minules
Question:
Should the Council approve second reading of an ordinance amending chapter 13 to add provisions
concerning Advance Financing of Public Improvements?
Staff Recommendation:
Staff recommends Council approve lhe second reading oflhis ordinance,
Background:
At the December 7, 20 10 Council meeling, the City Council approved lhe first reading of the new
ordinance "An Ordinance Crealing a New Chapler 13.30 - Relating 10 lhe Advance Financing of
Public Improvemenls" with no modifications.
At the October 19, 2010 Council meeling, staff presented the firsl reading ofa new ordinance adding a
new chapter to the Ashland Municipal Code Chapter 13.30 - Relating to the Advance Financing of
Public Improvemenls, During the Council discussion oflhe proposed ordinance, Ihe Cily Recorder
requested additional information on how liens would be handled, recorded and lracked.
Draft Ordinance Uvdated
Staff then engaged Special Council Pam Beery's firm 10 research the City Recorder's question
regarding the processing of advance financing of public improvement liens. The City learned that Ms.
Beery's firm had recently defended an Advance Financing of Public Improvements case for another
community and subsequently recommended removing language providing an option to lien the
property. Given the special council expertise in reimbursement ordinances, slaff further requested Ms.
Beery's firm to review the entire proposed Advance Financing of Public Improvement Ordinance and
recommend further changes.
To that end, the new draft ordinance includes language reflective of the Advance Financing of Public
Improvement Ordinance from the other community. While the basic application of the proposed
ordinance is the same, lhis updaled draft ordinance includes subslanlial changes to the first draft staff
proposed on October 19,2010. Those changes include:
. Additional clarifying whereas clauses
. Add/delete definitions
. Removed purpose
. Clarified the applicalion process
Page I of3
~.t. 1
CITY OF
ASHLAND
. Clarified staff analysis (renamed Cily Engineer's report)
. Clarified amounl to be reimbursed
. Clarified Council action
. Clarified reimbursemenl agreement
. Clarified paymenl requirements
. Removed property lien options,
Advance Financini! of Public Imvrovements Rationale
Most new private developments require lhe upgrade of public facililies. Unless lhese projects meel the
requiremenls ofa Systems Developmenl Charge or a Local Improvement Districl, lhe cost of these
upgrades is paid for by lhe developer and/or the City,
When the developer is required 10 inslall larger capacily facililies 10 meel the demands of future
developmenl, they (or the City) shoulder the burden of lhe increased costs. As a result, fulure property
owners get the full benefil of the new facilily wilhoul paying their proportionale share oflhe cosls,
Currenlly, lhere are only two methods of charging benefited property owners lheir share of public
improvement projects. Such methods include a Syslem Developmenl Charges (SDC) or the fonnalion
of a Local Improvemenl Dislrict (LID).
I. SDC's: The colleclion ofSDC's are payable upon and as a condilion of approval:
a. The issuance or approval of a building or plumbing pennil for a development;
b. A pennit for a development not requiring the issuance of a building pennil, or
c. A pennit or olher authorizalion to connect to lhe water, sanitary sewer, or
d. Slonn drainage system (AMC 4.20.070). The amount oflhe SDC is based on the cosl of
the capilal improvement attributed to growth and identified on the Capital Improvemenl
Project (CIP) list.
This method collecls revenue for future capacity projecls identified in the adopted Master Plan CIP
lists. When developers or lhe Cily constructs one oflhe approved SDC projecls, SDC's can be
used 10 reimburse the City or a developer.
2. LID: A Local Improvement Dislrict (LID) is an exisling tool to construct public facililies,
generally in an exisling facilily or neighborhood (street, transit, parking, sewer, water, irrigalion,
elc.) and distribules lhe cost of public improvement projects based on benefited use. An LID
assessment is assessed 10 lhe property owner immedialely and the debt can be financed over a
period of at least ten (10) years.
A third oplion is Advance Financing which is similar 10 lhe fonnation of a Local Improvement Districl
(LID) in lhat it distribules lhe cost of public improvement projects based on benefiled use. The
difference between the lwo financing options is that an LID assessment is due immediately. The
Advance Financing method is due when lhe benefited property owner hooks into lhe public
improvement.
Kev Elements of Revised Provosed Ordinance
If the Council desires to provide a third financing oplion for developer condilioned or for pubic
initialed public improvements then staff recommends adding a new chapter of the municipal code
13.30 litled Advance Financing of Public Improvemenls. Some of the key elements of the new
proposed Advance Financing Ordinance are as follow:
Page 2 of3
~~,
CITY OF
ASHLAND
. Public Improvement: All capilal facililies (including plant facilities) associated with waler,
sanilary sewer, storm waler, slreet (including bicycle lanes) and or sidewalk facililies or lhe
undergrounding of public ulililies
. Person: Means a natural person, firm, partnership, corporation, association or any other legal
enlily, be it public or private and/or any agent employee or representative thereof.
. Cily Engineers Report: The Public Works Departmenl receives Advance Financing applications
and prepares an analysis (capacity sufficient, area of proposed district, costs, administration cosls,
meeling city standards, etc.) oflhe proposed public improvement.
. Amounl to be Reimbursed
o Limiled 10
. Cosl Of construclion
. Engineering
. Right-of-way purchase costs
. Financing
. legal
. Public Hearing: An informational public hearing before lhe Cily Council shall be held to give the
persons impacted an opportunily 10 comment on the proposed Reimbursement Dislrict.
. Council Action: Al the conclusion of !he public hearing, the Council approves, rejecls or modifies
a districl and lhe City Adminislrator causes lhe creation of an agreement between lhe applicanl and
the City.
. Obligation to Pay
o When a person applies for and receives approval from the Cily for the following:
. Building permil for new building, existing building exceeding 25% oflhe value
. Any alteration, modificalion or change in the use of real property
. Property within the District uses the public improvement
Related City Policies:
Ashland City Charter Article X, Ordinance Adoplion Procedures
Council Options:
I. Move to approve Second Reading of the ordinance,
2. Poslpone Second Reading to a date certain.
Potential Motions:
Staff: Conduct Second Reading (/itle only)
Council: Move to approve Second Reading of the ordinance
Attachments:
Proposed ordinance
Page3 of3
~.l'
ORDINANCE NO.
AN ORDINANCE RELATING TO REIMBURSEMENT DISTRICTS
AND ADDING CHAPTER 13.30
Annotated 10 show deletions and addilions to the code seclions being modified. Deletions are
bold..... -. and additions are bold underlined.
WHEREAS, Article 2. Section I of lhe Ashland City Charter provides:
Powers of the Cilv The City shall have all powers which the constitulions, slatutes,
and common law of the United States and of this State expressly or impliedly granl
or allow municipalilies, as fully as though lhis Charter specifically enumerated each
of those powers, as well as all powers nol inconsistenl with the foregoing; and, in
addition therelo, shall possess all powers hereinafter specifically granted, All the
authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreled as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. Intemalional Ass'n of Firefililiters. Local 1660. Beaverton Shop. 20 Or. App.
293,531 P 2d 730, 734 (1975);
WHEREAS, the Cily Council recognizes lhe Cily has a limiled financial abilily and
resources to construct all appropriate infrastructure necessary for development of all private
property throughout lhe City;
WHEREAS, the Cily Council recognizes lhe need 10 have an array of financing vehicles 'at
the City's disposal 10 pay for capilal costs associated with installing and constructing lhe
various lypes of public infrastructure needed for lhe City's health and welfare and lhat of its
residents;
WHEREAS, stale law provides an array of financing devices 10 pay for public improvemenl
and infrastructure including local improvemenl districls and system developmenl charges;
WHEREAS, 'the City Council recognizes thaI Ashland, as an Oregon home rule
municipality, has the plenary authorily 10 develop, implement and use other types of
financing devices or vehicles for public improvemenls lhan those provided for under state
law;
WHEREAS, the City Council knows that public bodies, including the City, may construct
or install public improvements of various types that would benefit privalely owned
properties thaI have, as of the date of the installation or construclion of the particular public
improvement, not yet been fully developed and as a result have no immediate use for the
City's newly inslalled or constructed public improvement;
Ordinance No.
Page I of9
WHEREAS, the City Council recognizes thaI privale property owners may, in lhe course of
developing lheir respective properties, be either required by Cily Code or may independently
choose 10 conslruct streel, water, sewer or olher improvemenls which have lhe pOlential to
benefil other privately owned properties and thereby relieve the owners of lhose other
properties of the requirement for inslalling or constructing those self-same improvements as
their properties develop; and
WHEREAS, the Cily Council finds that a process or device should be crealed 10 allow for
the imposilion of a charge on property owners who benefit by and lhrough lhe construction
of such improvements, whether lhe improvemenls are constructed by the Cily or a privale
party, in order to allow for the equitable reimbursement thereof for capilal and olher costs
associated wilh the construction of lhe beneficial improvemenls,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections ]3.30.010 [Definitions] through 13.30,075 [Collection and Payment;
Other Fees and Charges] are hereby added to read as follows:
13.30.010. Definitions
The following lerms are definitions for lhe purposes of this Chapler (Chapter 13.30).
A. City Eneineer or Eneineer means the person holding the posilion of
Direclor of Public Works or such other officer, employee or agenl designated
by the Councilor Cily Administralor 10 perform the dulies set oul for the City
Engineer in this Chapter.
S. City means the City of Ashland.
C. Person means a natural person, firm, partnership, corporation, association or
any olher legal entity, be il public or privale and/or any agent, employee or
represenlalive thereof.
D. Applicant means a person who is required or chooses to finance some or all
of the cost of a street, water or sanitary sewer or slorm water improvement,
which improvemenl is also available to serve or benefit property other lhan
thaI oflhe applicanl, and who in lum applies 10 lhe City for reimbursemenl of
the expense of the improvement.
E. Street Improvement, Water Improvement, Sewer Improvement and
Storm Water Improvement mean respeclively:
I. A street or slreet improvement, including but not limiled 10 streels,
storm drains, curbs, gutters, sidewalks, bike paths, traffic control
devices, street trees, lighls and signs and public rights-of-way;
2. A water facility or water line improvement, including bul not limiled
to, extending a water line 10 property (other than property owned by
the applicanl) so that waler service can be provided for such olher
property withoul further extension of the line;
3. A sanitary sewer, sewer line, or olher facility improvemenl,
including but not limited to extending a sewer line 10 property (other
lhan property owned by the applicanl) so lhat sewer service can be
Ordinance No.
Page 2 of9
provided for such other property wilhout further extension of the line;
and
4, A slorm waler improvement, including but not limited to ex lending a
slorm water line to property (other lhan property owned by the
applicant) so thaI stormwaler disposal for such olher property can be
provided withoul further extension of the line; conforming with
standards and specificalions set by the Cily.
F. Public Improvement means (as appropriale) all capital facilities (including
plant facilities) associated with waler, sanitary sewer, slorm water, street
(including bicycle lanes), and/or sidewalk facilities or the undergrounding of
public utililies,
G, Reimbursement Al!reement means the agreement belween an Applicant and
the City (as authorized by the Cily Council and execuled by the Cily
Adminislrator) providing for the installalion of and payment for public
improvements within a Reimbursement District.
H.Reimbursement District means the area determined by the Cily Council to
derive a benefil from the conslruction of public improvements financed in
whole or in part by an Applicant.
I. Reimbursement Fee means lhe fee established by resolulion oflhe City
Council and required to be paid by persons within a Reimbursement District
once lhey utilize the Public Improvement.
J. Utilize means to use or benefil from a Public Improvemenl, 10 apply for a
building or other permil which will allow for the'use or increase in lhe use of
a Public Improvement or to connecllo a Public Improvement.
13.30.015. Application for a Reimbursement District
A. Any Applicanl who finances some or all of lhe cosl of a Public Improvement
available to provide service or benefillo property other than property owned by thaI
person may, by written application filed with the Cily Engineer, request the City
establish a Reimbursement Dislrict. The improvement(s) musl be in a size greater
lhan that which would otherwise ordinarily be required and must be available 10
provide service 10 property other lhan that owned by lhe applicant. Examples
include (bul are not Iimiled 10):
I. Full street improvements instead of half street improvements;
2. Off-site sidewalks;
3. Connection of street seclions for continuily;
4. Extension of water lines; and
5. Extension of sewer lines,
B. All applicalions shall include the following:
I. A description of the location, type, size and cost of the Public Improvement
eligible for reimbursement;
2. A map showing the properties 10 be included in a proposed reimbursemenl
dislrict;
3. The zoning for lhe properties;
Ordinance No.
Page 3 of9
4. The front or square foolage of said properties (or similar data appropriate for
calculating lhe apportionment of the cost oflhe improvemenl among lhe
properties); and
5. A listing of the property(ies) owned by applicant.
All applications shall be accompanied by a fee in an amount sufficienl to
cover lhe cosl of administrative review and nolice required by this Chapter as
eSlablished by City Council resolulion.
B. In lhe event an application is submitted after the construction of the Public
Improvement, the application shall also include information as to when lhe City
accepled lhe Public Improvement as well as lhe aclual cost of the improvements,
evidenced by receipts, invoices or other similar documents. Until receipt of said
information, the affected application will be deemed incomplele.
C. In the event an application is submitted prior to lhe construction of the
improvements, lhe application shall be accompanied by an estimate of the cosl of the
improvements as evidenced by bids, projeclions, or similar dala. The applicalion
shall also include the estimaled date of completion of the public improvemenl(s),
Untillhe receipt of said information, the affected application will be deemed
incomplele,
D, An application may,be submitted at any lime prior 10 the installation of the Public
Improvement but in no event later than 180 days after acceptance of the
improvement for which reimbursement is sought, unless the City Engineer, in hislher
sole discretion waives lhis requirement.
.
13.30.020. City Engineer's Report
The City Engineer shall review the application and other material submitted therewith and
prepare a written report for lhe Council which will address (10 lhe exlenl relevant) lhe
following faclors:
A. Whether lhe Public Improvement for which reimbursement is sought has capacity
sufficienllo allow use thereof by property other than property owned by the
applicanl;
B, The area proposed 10 be included in the reimbursemenl district;'
C. The aclual or eslimaled cosl oflhe improvements wilhin the area oflhe proposed
Reimbursement Districl and the portion thereof for which the applicanl should be
reimbursed;
D, A melhodology for allocating the cosl among lhe parcels wilhin the proposed dislricl
and, where appropriale, defining a "unit" for applying lhe Reimbursemenl Fee to
property which may bepartilioned, subdivided or otherwise modified at some fulure
date. The methodology should include consideration of the cost oflhe
improvement(s), prior conlribulions by property owners, the value of the unused
capacity, rate-making principles associated with the financing of public
improvements, and such other factors as deemed relevant by the City Engineer;
E. The amount to be charged by the City for administering lhe Agreement, to be fixed
by City Council and included in the resolution approving and forming the
Reimbursement District. The fee is due and payable to lhe Cily al the time the
Reimbursemenl Agreement is signed;
Ordinance No.
Page 4 of9
F. The period of time lhat the righl 10 reimbursemenl exisls iflhal period is less than len
(10) years; and
G. Whether the street, waler and sewer improvemenlS will meet or have met Cily
standards.
13.30.025. Amount to be Reimbursed
A. The potenlial amount of the reimbursemenl is limited to the following:
I. The cosls of construction;
2. Engineering (including surveying and inspeclion) costs in an amount not to
exceed fifteen (15%) percent of the construction cosls;
3. Off-site right-of-way purchase COSlS, Iimiled to lhe reasonable market value
ofland or easements purchased by the applicanl from third parties to
complete off-sile improvemenls;
4. Financing costs associaled with the improvement 10 the ex lent the financing
costs are not attribulable to the applicant's property or project; and
5. Legal and olher expenses incurred by the applicant to lhe extent said
expenses relate 10 lhe preparalion and filing of lhe application, lhe
preparalion of the Report required by 13.30,020 and the hearing process set
out in 13.30.030 and 13.30.035.
8. Regardless of amount or category, cosls reimbursable or eligible for traffic impact
fee credits or systems development charge credils which cannot be clearly
documenled or which are attribulablc 10 the applicanl's property or projecl are nol
reimbursable.
C. By submitting an application thaI seeks reimbursement oflegal expenses, lhe
applicanllhereby waives any attorney/clienl or attorney work producl privilege lhat
may exist in attorney billing slalements or records in support thereof.
D, A reimbursemenl fee shall be determined for all properties which fall within lhe
proposed Reimbursement Districl, including applicanl's; however, the applicant shall
not be reimbursed for lhal portion of lhe fee representing the benefit to the
applicanl's property.
E. The applicant shall not be reimbursed for lhe portion oflhe reimbursement fee
computed for property owned by the Cily or other governmenlal body.
13.30.030. Public Hearing
A. Within a reasonable time after the City Engineer has completed lhe report required in
Section 3, lhe City Council shall hold an informational public hearing in which
persons impacted by the creation of the Reimbursement District shall be given the
opportunity to commenl thereon.
8. Notice of the hearing shall be given nolless than 10 nor more than 30 days prior to
the public hearing date. Notice shall be given to the applicant and all owners of
property wilhin the proposed Districl, with notification by certified mail, return
receipt requesled or by personal service. Notice shall be deemed complete as of the
date notice is mailed or served; failure to receive actual notice of the hearing shall
Ordinance No.
Page 5 of9
not invalidate or otherwise affect any aclion of lhe Cily relative to lhe creation of lhe
Reimbursemenl District and/or the costs associated therewith.
C. ' Formalion of a Dislrict does not resull in an assessmenl or lien against property; as a
result, the hearing is informational only and the Districl is not subjecl to termination
as a result of remonslrances 10 the formation lhereof. The City Council has lhe sole'
discretion, after the public hearing, to decide whether the District is 10 be formed or
not. If a District is to be formed, a resolulion approving and forming the
reimbursement district shall be adopted.
D, If a reimbursement dislricl is formed prior 10 conslruction of the improvement(s), a
second public hearing shall be held after lhe improvement has been accepted by lhe
City when the Council may modify the resolution to reflect the cost oflhe
improvement(s).
13.30.035. City Council Action
Allhe conclusion of the hearing, the Cily Council shall approve, reject or modify lhe
recommendations contained in the City Engineer's Report and manifest its action in a
resolution. If a Reimbursement Districl is established, the resolution shall include a copy
oflhe City Engineer's report as approved or modified and specify that paymenl of the
appropriate fee as determined by the Council for each parcel is a precondilion to receipl of
any City permil necessary for developmenl oflhal parcel. Ifa reimbursemenl district is
eSlablished it shall be deemed formed as of the date the Council adopts lhe resolulion
referred 10 in Seclion 5 above.
13.30.040. Reimbursement Agreement
If lhe Council approves the City Engineer's Report and thereafter creales a Dislrict, the
Cily Administrator shall cause lhe creation of an Agreemenl between lhe Applicanl and
City conlaining (at a minimum) provisions relating to lhe following:
A, That the public improvemenl(s) will or do meet all applicable City slandards;
B. The amount oflhe potential reimbursemenl the applicant can expect along wilh a
caveat that the total amount of any reimbursement will not exceed lhe actual cost of
lhe public improvement(s);
C. The annual fee adjustment, if any;
D, ThaI the applicant will guaranlee the quality of the public improvement(s) for a
period of not less than twelve (12) months after the dale of their installation;
E, ThaI the applicant will defend, indemnify and hold the City harmless from any and
all losses, claims, damage, judgments or olher cosls or expense arising as a result of
or related to the City's establishment of the District; and
F. That the applicant acknowledges the Cily is not obligaled to collect the
reimbursement fee from affected property owners.
G. The City may include olher provisions as the Cily Council determines necessary to
ensure compliance with this Ordinance.
Ordinance No,
Pag~ 6 of9
13.30.045. Annual Fee Adjustment
The City Council may, in its discrelion, gran I an annual adjustment to the amounls
established as lhe Reimbursemenl Fee at the time of the hearing on lhe Engineer's Report.
In the evenl such an adjustment is deemed appropriate, it shall be applicable 10 the fee
beginning on the firsl anniversary of the date of the Council's approval of the application,
be fixed and compuled against lhe reimbursement fee as simple inlerest, and remain the
same for each year lhe Districl exisls.
13.30.050. Notice of Adoption of Resolution
The City shall nolify all property owners wilhin the District (as well as the Applicant) of
the adoption oflhe Resolution manifesting creation of the District. The notice shall
include a copy of lhe Resolution, lhe dale of ils adoption and a short explanalion of when
the property owner would be obligaled 10 pay lhe reimbursement fee, the amounllhereof
as well any iflhere will be any adjuslments therelo.
13.30.055. Recording the Resolution
The City Recorder shall cause nolice of the formation and nature of the Reimbursement
District 10 be filed in the office of the Clackamas County Recorder in order to provide
nolice to polenlial purchasers of property within lhe Districl of ils exislence. Failure to
make such recording shall affecl neither lhe legality of the resolulion nor lhe obligalion to
pay any fee.
13.30.060. Contesting the Reimbursement District
Any legal action inlended to contest the formation of the Reimbursement Dislrict or fee
must be filed, within sixly (60) days oflhe Council's hearing on the applicalion consistent
wilh the terms of ORS 34.0 10 to 34,] 00 (Wril of Review).
13.30.065. Obligation to Pay Reimbursement Fee
A. A person applying for a permil relaled 10 property within a Reimbursement Districl
shall pay 10 lhe Cily, in addilion to all other applicable fees and charges, lhe
Reimbursement Fee established by lhe Cily Council under the terms of this
Ordinance if, wilhin the lime specified in the Resolution establishing the District, lhe
person applies for and receives approval from lhe City for any of the following
activities:
I. A building permit for a new building or a permil for an addition,
modification, repair or alteration to an existing building exceeding 25% of
the value thereof within any l2-month period (not due to damage or
destruction oflhe building by fire or natural disaster). "Value" as used above
means lhe amounl shown on lhe County's Department of Assessmenl and
Taxalion for the building's Real Market Value;
Ordinance No.
Page 7 of9
2. Any alteralion, modification or change in the use of real property, which
increases lhe number of parking spaces required under lhe Ashland
Municipal Code in effect at the lime of permit application;
3. Connection to or use of a waler, sanilary sewer, storm water or street
improvement, if the district is based on lhat improvement.
B. The obligation to pay lhe reimbursemenl fee arises and accrues as of the time
property within the Districl utilizes lhe affected Public Improvement regardless of
whelher a person applies for and/or receives a permit connected with that utilization.
C. The City Council's determination of which properties shall be liable for paymenl of
the fee is final. Neither the City nor any officer or employee of the City shall be
liable for payment of any reimbursement fee or portion thereof as a result of this
determination.
D. A permit applicant whose property is subject 10 payment of a reimbursement fee
receives a benefit from the construclion of street improvemenls, regardless of
whether access is taken or provided directly onlo such street at any time. Nothing in
this ordinance is inlended 10 modify or Iimil the authority of the City to provide or
require access management.
E. No person shall be required to pay the reimbursemenl fee on an application or upon
property for which the reimbursemenl fee has been previously paid, unless such
payment was for a different lype of improvement.
F. The right to reimbursement shall not ex lend beyond len (10) years from the District's
formalion date, subject to renewal allhe option oflhe Council for one addilional ten
(10) year period.
13.30.070. Public Improvements Become Property of the City
Public improvemenls installed pursuant 10 Reimbursement Districl agreemenls shall
become and remain the sole property of the City. More than one public improvement
may be the subject of a Reimbursement District.
13.30.075. Collection and Payment; Other Fees and Charges
A. Applicants shall receive all reimbursemenl monies collected by the City for the
public improvements they inslall. Such reimbursement shall be delivered to the
developer for as long as the Reimbursemenl Dislrict agreement is in effect. Such
payments shall be made by the Cily wilhin 90 days ofreceipl of the reimbursements
momes.
B. The reimbursement fee is not intended to replace or limit any other existing fees or
charges collected by the City.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subseclion, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in lhe City
Code and the word "ordinance" may be changed 10 "code", "article", "section", "chapter" or
Ordinance No,
Page 8 of9
another word, and the sections oflhis Ordinance may be renumbered, or re-IeUered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3)
need not be codified and the Cily 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 Ihe day of ,2010,
and duly PASSED and ADOPTED this _ day of ,20] O.
Barbara M. Christensen, City Recorder
S]GNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City AUorney
Ordinance No.
Page 9 of9
CITY OF
ASHLAND
Council Communication
Ordinance Relating to Adopting New Building and Structural Codes, Amending
AMC Chapter 15 Building Codes, and Repealing Sections
Meeting Dale: December 2], 2010 Primary SlaffContacl: Megan Thornton
Department: City Attorney's Office E-Mail: thorntm@ashland.or.us
Secondary Dept.: Communily Dev ment Secondary Conlacl: Bill Molnar
Approval: Martha Bennet ESlimated Time: 10 minules
Question:
Will Ihe Council approve Second Reading of an ordinance litled, "An Ordinance Relating to Adopling
New Building And Structural Codes, Amending AMC Chapter 15 Building Codes, and Repealing
AMC ] 5,04,] 80, ] 5.08.020, 15.08.040, 15.08.050, ] 5,08.060, ] 5.08,070, ] 5.] 6.020 Through
]5.]6.220,] 5.]6.250 Through ]5,]6.320, AND] 5,] 6.360 Through 15.16.370"?
Staff Recommendation:
Staff recommends Council approve the Second Reading of this ordinance.
Background:
. AMC Chapter 15 is amended to update references 10 lhe Slale of Oregon Building and
Slruclural Codes and adopt the newest version of lhese codes.
. Malerials thaI are duplicative of state law or the adopled codes are being repealed in their
enlirely; for example, AMC ] 5.04.] 00 [Inspections Required] and 15.08.060 [Issuance or
Denial of Permils] are being deleted because these issues are covered in the specialty codes:
. AMC 15.08, regarding moving buildings, has been updated and requires a person to furnish a
bond instead of insurance to cover possible damage to city streets or property during the
movmg process.
. As part of the classification process, Title] 5 was reviewed for necessary changes. There were
very few offenses to classify; however, a number of other changes were suggested in the review
process. The penalty for failure to pay an adminislrative fine is classified as a Class I Violation
as slated in AMC ]5,04.260.D. A C]ass] Violation will impose a maximum $720.00 fine,
subject to lhe charter limitation, and a base fine of $472 while the $45 state surcharge is in
effect.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures.
Council Options:
(1) Move to approve Second Reading of the ordinance.
(2) Postpone Second Reading of the proposed ordinance.
Potential Motions:
Staff: Conduct Second Reading by title only,
Page I 01'2
~~,
CITY OF
ASHLAND
Council: Move to approve Second Reading of the ordinance,
Attachments:
Proposed ordinance
Page 2 of2
~~,
ORDINANCE NO.
ORDINANCE RELATING TO ADOPTING NEW BUILDING
AND STRUCTURAL CODES, AMENDING
AMC CHAPTER 15 BUILDING CODES, AND REPEALING AMC
15.04.180,15.08.020,15.08.040,15.08.050, 15.08.060, 15.08.070, 15.16.020
THROUGH 15.16.220, 15.16.250 THROUGH 15.16.320, AND 15.16.360
THROUGH 15.16.370
Annolaled 10 show deletioAs and additions 10 the code sections being modified. Delelions are
bold IiBed through and addilions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of lhe Cilv The City shall have all powers which the constitutions, statutes, and common'
law of the United States and of this Slale expressly or impliedly grant or allow municipalilies, as
fully as lhough lhis Charter specifically enumerated each of lhose powers, as well as all powers
not inconsistenl wilh lhe foregoing; and, in addition therelo, shall possess all powers hereinafter
specifically granted. Alllhe authorily lhereof shall have perpetual succession;
WHEREAS, the above referenced granl of power has been inlerpreted as affording all
legislative powers home rule constilulional provisions reserved 10 Oregon Cities. Citvof
Beaverton v. International Ass'n of Firefighlers. Local ]660. Beaverton Shop. 20 Or. App. 293,
53] P 2d 730, 734 (1975);
WHEREAS, AMC Chapter] ,08 is being amended to establish classes of offenses for City
ordinance violalions consistent with Oregon Statutes;
WHEREAS, AMC Chapler 1,08 designates all violation level offenses as Class II, unless
otherwise specified; lhis Chapler is being amended 10 specify classifications where appropriate;
WHEREAS, AMC Chapler 15 is also being amended to update references 10 State of Oregon
Building Codes and 10 remove unnecessary materials;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.04,010 [Code Adoption] is hereby amended to read as follows:
15.04.010 Code Adoption
A. The following codes are adopted as a part of lhis chapter and are further referred 10 in
this tille as "the specialty codes",
Page] of8
I. W04-2010 Oregon Structural Specialty Code as defined in Oregon
Administralive Ru]e 918-460-0] O. and including Appendices J. G. and L.
2. ~ 2009 Oregon Plumbing Specialty Code as defined in Oregon
Adminislrative Ru]e 918-750-0] O.
3. WG4 2010 Oregon Mechanical Specialty Code as defined in Oregon
Administrative Rule 918-440-010,
4. Wl)S 2008 Oregon Residential Specialty Code as defined in Oregon
Administralive Ru]e 918-480-000,
5. Wl)S 2008 Oregon Electrical Specialty Code as defined in Oregon
Adminislralive Rule 918-290-010.
6. 2010 Oregon Energv Efficiencv Specialty Code as defined in Oregon
Administrative Rules 9] 8-460-500 through 9] 8-460-510.
B. The following codes are adopted as a part of Ihis chapler except lhose portions of these
codes which conflict with or overlap the specialty codes.
I. ~ 2009 International Exisling Building Code as published 1;>y lhe
Internationa] Code Council, a copy of which is on file with lhe Bui]ding Official.
2. Appendix G of the 2010 Oregon Structural Specialty Code. except when in
conflict with a provision of the Ashland Municipal Code.
3. Appendix J ofthe 2010 Oregon Structural Specialty Code.
4. Appendix L ofthe 2010 Oregon Structural Specialty Code. except when in
conflict with a provision of the Ashland Municipal Code.
2. ,\ppeBllix J of the 2993 Internotionol Building Code os published by the
Intcrnotionol Code Council, 0 copy of whieh is on file .,.,.ith the Building
Offieio!.
SECTION 2. Seclion 15.04.030 [Building Official Designated] is hereby amended to read as
follows:
15.04.030 Building Official Designated
The Cily Administrator shall designate a City employee to carry oul the funclions and dulies of
lhe Building Official as described in the Oregon 1990 2004 Slructural Specialty Code, unless
such individual is a departmenl head, in which case such designation shall be by the Mayor with
confirmation by lhe Cily Council. Such person shall be stale certified as a Bui]ding Offici a] in all
the codes adopted by this Chapler, and may delegate portions of responsibilily as may be deemed
Page 2 of8
necessary. Designation by the Cily Administrator of the Building Official shall be done in
wriling in a document filed with lhe City Recorder
SECTION 3. Section 15,04.100 [Inspections Required] is hereby amended 10 read as follows:
15.04,100 Inspeclions Required
Inspeclions shall be called for and made as provided in the specialty codes. The general
eon tractor will notify the Buillling Offieial when really for inspections as Iistell on the
inspeetion earll. Inspeetionswill lJe malle within tV/enty four (2i) hours after notifieation,
Saturllays, Sunllays anll Holilla)'s exeeptell: Elcetrical permit inspeetions shall follow the
Oregon Eleetrical Speeial\)' Colle requirement of i8 hours aftcr written notiee.
SECTION 4. Seclion 15.04,1] 5 [Conversion to For-Purchase Housing] is hereby amended 10
read as follows:
I5.04.1I5 Conversion to For-Purchase Housing
Structures being converted from mulliple-family rental unit use 10 for-purchase housing in multi-
family zones shall conform 10 Oregon Structural Specialty Code Chapler 34 Exisling Structures,
Seetions ~HOi, 3i1lS, anll :H06, including but not limited to, structural, mechanical, plumbing,
and fire/life safety, in effect allhe lime of conversion, and a building permit shall be obtained for
such conversion. Specifically, il shall be unlawful for lhe owner or his agent of multi-family
residenlial unils to convert said unils and common areas 10 condominium ownership without
prior approval of the building official. Review of componenls identified in Oregon Slructural
Specialty Code Chapler 34 Existing Slruclures shall precede such approval. Owner shall notify
tenanls that the City Building Division may be performing inspections of units and request entry
for such purpose. After complelion of the review, a report of items to be brought into
compliance, if any will be provided 10 lhe owner or his agent by the Ashland Building Official.
Any and all corrective measures and related construclion permits wilh approved final inspections
shall be completed prior 10 sale of units idenlified in the report, Physical improvement or
rehabililalion of units and common areas are subjecllo the limilations ofORS 100.315.
Conversion is also subiect to requirements of AMC Chapter 10.1I5. The fee schedule for lhe
conversion review shall be established by resolulion of the city council.
SECTION 5. Section 15.04.180 [License Requirements for Heating or Ventilaling Appliance
Installalions is hereby repealed in its enlirely.
SECTION 6, Seclion 15.04.115 [Mechanical Specially Code Fee] is hereby amended to read as
follows:
15.04.220 Mechanical Specialty Code Fee
For application in lhis cily, Seetion 3114 ofthe meehanieal special\)' eode deleted. The the fee
schedule for mechanical specially code fees shall be established by resolulion of the city council.
Page 3 of8
SECTION 7. Section 15.04.260 [Violation-Adminislrative Penally] is hereby amended 10 read
as follows:
15.04.260 Violation-Administrative Penalty
A. It shall be unlawful for any person, firm or corporation 10 erect, conslruct, enlarge, aller,
repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
building or structure in the City or cause the same to be done conlrary to or in violation of
any of lhe provisions of this title.
R The Building Official, and his/her designee is specifically' authorized to impose a civil
penally for any violalion of lhe Building Code, including an order of lhe Building Official to
remedy such violalion. The civil penally shall be served in a "Nolice and Order Imposing the
Civil Penally" for the violalion. The Notice shall:
I. Describe lhe alleged violalion, including any relevant code provision numbers, ordinance
numbers or olher idenlified references; and
2. Stale lhallhe City of Ashland intends to assess a civil penally for the violation and states
lhe amounl oflhe civil penally; and
3. State lhat lhe party may challenge the civil penally by filing an notice of appeal 10 lhe
Building Board of Appeals within 15 days of service of the Notice as provided in AMC
Chapler 15.
C. The civil penally may nol exceed the maximum civil penally amount aulhorized for an
equivalent specially code violation under ORS 455.895, subject to the limitations in lhe
Ashland Cily Charter. Any person, firm or corporation violaling any of the provisions oflhis
tille shall be deemed guilly of an offense and each such person shall be deemed guilly of
separale offense on each and every day or portion lhereof during which any violation of any
of the provisions of lhis ordinance is committed, continue or permitted and upon conviction
of any such violation. The civil penalties provided herein are in addilion to and not in lieu of
any other remedy for enforcement available to the City including bul not Iimiled to increased
permil or invesligative fees, injunctive relief or any other remedy.
D. Unpaid Penallies
]. Failure to pay an administrative penally imposed pursuant to this code within thirty (30)
days after the penally becomes final shall conslitute a Class] Class l. violation of lhis
code.
2, If an administrative civil penalty is imposed on a responsible person because of a
violation of any provision of lhis code resulling from prohibiled use or activity on real
property, and the penally remains unpaid 30 days after such penally become final, the
building official shall assess against lhe property lhe full amount of lhe unpaid fine and
shall enler such an assessmenl as a lien in the docket of City liens.
3. In addition, failure 10 pay an adminislrative civil penally imposed pursuant to lhis code
shall be grounds for withholding issuance of requesled permits or licenses, issuance of a
stop work order, as well as revocation or suspension of any issued permits or certificales
of occupancy.
Page 4 of8
SECTION 8. Section 15.08.020 [Moving Structures Procedures Inspection] is hereby repealed
in its entirety.
SECTION 9. Section 15.08.040 [Plans Filed] is repealed in its entirety.
SECTION 10. Section 15.08.050 [PreMoving Conference] is hereby repealed in its entirety.
SECTION 11. Section 15.08.060 [Issuance or Denial of Permits] is hereby amended to read as
follows:
15.08.060 Permit Requirements for Moved Buildilll!S
A. No person shall move any buildin!! to a lot or store any buildin!! on a lot in any zonin!!
district within the city. other than an industrial zonin!! district. unless the owner of the
buildin!! first obtains all necessary permits and pays all required fees to move the
buildin!!. constructs a foundation and places the buildin!! on a foundation on that lot.
Necessary permits and fees shall include but not be limited to movin!! permit. zone
chan!!e. site plan and architectural commission review. system development char!!es.
foundation permit. sewer and water connection permits. specialty code permits and fees
and any other permits necessary for construction. addition. remodel or chan!!e of
occupancy.
B. Every buildin!! moved onto a lot shall be installed on a foundation within 30 days of the
date of the move specified on the buildin!! permit.
C. Anv owner of a buildin!! not on a foundation and existin!! on a lot as of the date of the
passa!!e of these provisions shall applv for and obtain the required permits specified in
subsection (1) above and place the buildin!! on a foundation within 90 days ofthe
adoption of these provisions.
D. Notwithstandin!! the provisions of subsections (1) throu!!h (3) above. any person or
entity who is exempt from taxation under Section 501 of the Internal Revenue Code of
the United States and produces an IRS determination letter of proof thereof may store a
buildin!! on any residential lot for 90 days. Upon written request to the Buildin!! Safety
Department dated prior to the expiration of this initial 90-dav period. a person may
request an additional 90-dav period to place a buildin!! on a foundation. Unless the 90-
day extension would result in the creation or continuation of a public nuisance. the
Buildin!! Safety Director shall!!rant the additional 90-dav extension.
IS.1I8.lIliO Issuonee or Deniol of Permits
The BuihIing Offieiol sholl inyestigote ond exomme the building proposed to be moyed, the
streets ond publie ond privote property over, olonl!;, or oeross whieh the building is
proposed to be moyed, ond the new loeotion of the building, for the purpose of determming
if the building moy be mO'led with sorety ond mode to eomply with 011 the rel)uirements of
the City of f.shlond, ond to determin.e whether ony streets or publie or pri'lote property
will be injured or domoged by the proposed mon. The Building Offieiol sholl eon suit with
the f.shlond Historie Commission in oeeoTdonee with Section IS.lli.JIII. The Building
Officiol shoD olso eon suit with the Ashlond Tree Commission rel!;ording rel)uired tree
Page 5 of8
trimmmg in f1ubJie rights of ",ay aREI other issues whieh may affeet trees owned b)' f1ublie
entities.
If the building and the f1roflOsed mO"/e meet all of the terms, eonditions and restrictions as
set forth in the moying ordinanee and in the oflinion of the Building Offieial, the moying of
the building will do no damage to any streets or f1ublie or f1ri"/ate f1roflerty along the route
of the f1rOflOsed building mo'/e, then the Building Offieial shall issue the f1ermit. The
Building Offieial shall refuse to issue a f1ermit if it is found:
l\. That the building is too large to move without endang'ering f1ersons or f1roflerty
in the City, or would damage f1roflerty as set forth above, ineluding unaeeefltable
damage to the City's street trees.
B. That the building is in sueh a state of deterioration or disreflair, or is otherwise so
strueturally unsafe, that it eannot be moved without endangering f1ersons or
f1roflerty.
C. That the building is strueturall)' unsafe or unfit for the f1Hrflose for .,,:hieh it is
moved, ifthe new loeation is in the Cit)..
D. That the aflfllieant's equiflment is unsafe and that f1ersons ond f1roflerty ma)' be
endangered by its use.
E. That zoning or other ordinanees '/!'ould be violated by the building in its new
loeation.
F. That for any other reason f1ersons or f1roflerty would be endongered b)' moying
of the building.
SECTION 12. Section 15.08.070 [Use of Dollies] is hereby repealed in its entirety,
SECTION 13. Section 15.08.080 [Insurance] is hereby amended to read as follows:
15.08.080 IRsaral1ee Bond Required
Before a permit is !!ranted under Section 15.08.060 the Buildin!! Official shall require the
person to furnish a bond with one or more sureties to the effect that they will indemnify the
city for repairs to the streets and allevs or other property of the city. or dama!!e and
expense to any person oeeupvin!! the streets or allevs bv virtue of a franchise or otherwise.
which results from transportation of a buildin!! on the streets or allevs of the city.
The applieaRt, prior to reeeh'ing a permit, shall submit to the City's Director of Finance or
IUsl. !\fORager a eertifieote of liability insuranee coverage. Said eertifieate shall, in a form
satisfaetory to the Direetor of Fmanee or Risl. Manager, attest to the house moyer haying
current auto and general liability insuranee eOYerage, in amounts not less than those set
forth in ORS 30.270, with the City of ".shland, its offieers, employees and agents named as
additional insured with respeet to the house moYing operation.
SECTION 14. Section 15.08.100 [Penalty] is hereby amended to read as follows:
Page 6 of8
15.08.100 Penalty
Any person refusing or neglecting to comply with the requirements of this chapter, or violating
any provisions therein, is guilty of an infroction Class III Violation, and shall be subject to the
penalties set forth in Section] .08.020 of the Ash]and Municipa] Code. Penalties shall be
assessed in accordance with Section 15.04.260.
SECTION 15. Section] 5.20.020 [Code Adopted] is hereby amended to read as follows:
15.20.020 Code Adoption
The Orel!on Electrical Specialty Code. as defined in Orel!on Administrative Ru]e 918-290-
010. is adopted Adopted as a part of this chapter and further referred to in this chapter as "the
electrical code:" ore the fallowing:
A. The Eleetrieol Speeiolty Code os defined in Oregon Administrotiye Rule 918
290 010,
B. The eleetrieo] eode requirements far Dwellings under the Oregon Residential
Speeiolty Code ODd in OAR 918, DiyisioD i80.
SECTION 16. Section] 5.] 6.020 [Septic Tanks] through] 5.] 6.220 [Plumbing and sewer
business Iicense-Required-]ssuance] are hereby repealed in their entirety.
SECTION 17. Section] 5.]6.240 [Permits - Fees] is hereby amended as follows:
]5.]6.240 Permits - and Fees
A person must obtain a permit from the City as required bv State Law. For application in
this city, the plumbing specialty code fees shall be established by resolution of the city council.
(Ord 2896, Amended, 06/03/2003;Ord 2925, 2006)
SECTION 18. Section ]5.]6.250 [Compliance with plumbing law] through
] 5.16.320 [Plumbing license - Suspension] are hereby repealed in their entirety.
SECTION 19. Section 15.]6.360 [Exemptions] and 15.]6.370 [Labor by owner] are hereby
repealed in their entirety.
SECTION 20. Section 15.20.090 [Violation - Penalty] is hereby amended to read as follows:
15.20.090 Violation - Penalty
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed
guilty of an offense and each such person shall be deemed guilty of separate offense on each and
every day or portion thereof during which any violation of any of the provisions of this ordinance
is committed, continue or permitted and upon conviction of any such violation such person shall
Page 7 of8
be punished as prescribed in Section 1.08.020. and penalties shall be assessed in accordance
with Section 15.04.260.
SECTION 21. 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 22. 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 23. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections ~(.thl1i.23, 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 ,20] O.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 8 of8
September 1, 2010
Honorable Senator Jeff Merkley
121 SW Salmon St. Suite 1400
Portland, OR 97204
Dear Senator Merkley.
Thank you for your efforts to improve our transportation system including your co-
sponsorship and support for the Livable Communities Act.
I encourage you to work with the Environment and Public Works Committee to craft
a bold new transportation bill that gets America moving in the right direction. This
bill should articulate national transportation objectives and set performance targets
for reducing dependence on oil, enhancing efficiency of the transportation network.
lowering carbon emissions from transportation. improving community health.
reducing traffic fatalities and injuries, and ensuring social equity and economic
opportunity across our society. The transportation bill should encourage states and
regions to implement performance-based long range planning to meet those targets.
For decades the federal government has focused on building out and completing the
interstate highway system envisioned by President Eisenhower, but today, we live
in a different world. My constituents are stuck with lengthy commutes that reduce
time available for their families and community engagement. Bridges are crumbling.
Volatile energy prices are crippling our economy. People are being exposed to
greater levels of air pollution and forced to walk and bike on unsafe streets. Our
dependence on foreign oil continues to threaten our climate and energy security.
Americans are ready for a new direction. They are demanding transportation
options that are cheaper, faster, cleaner and safer. They want investments that will
help America compete and thrive in the global economy. My constituents want to
know that their tax dollars are being used not just to pour concrete, but to build
quality of life.
[Optional: Insert specific challenges or opportunities in your community that
performance-based planning could address]
I wholeheartedly support your engagement to develop a performance-based
approach to completing our nation's transportation system. By creating a national
vision expressed by national transportation objectives and implemented through a
performance-based planning model, we can better use our limited resources and
give the American people accountability. Please let me know if there is anything I
can do to support this effort. I appreciate your diligence and attention to this
process.
Sincerely,
Mayor _
TRANSPORTATION FACT SHEET
FRONT
Performance-based
Planning
Performance-based planning requires an
integrated, performance-based transportation and
land-use plan that serves as a guide for long-term
investment.
Over 80 cities and towns across the U.S. use performance-based planning to chart smart
futures, connecting growth with transportation investments and the environment on a
regional basis. It looks at factors such as land use patterns, density, and urban form to
find innovative solutions to challenges such as housing, carbon emissions reductions,
agriculture preservation. and regional economic development.
Transportation Authorization Bill
The next authorization should require States and metropolitan regions over one million
In population to develop and adopt an intergrated, performance-based plan for land use
and transportation planning. These plans should cover a 20-year timeframe. replacing
any existing long-range transportation plans. and demonstrate how proposed transporta-
tion plans will be coordinated with land use strategies to achieve national performance
targets. Regional performance-based plans will grant MPOs direct project selection and
contract authority of federal transportation formula funds, resulting in accelerated project
delivery. Smaller regions (MPOs under 1 million in size) can choose to opt-in to the
performance-based program to access direct project selection authority.
The Benefits to Towns and Cities
l) Provides a framework and process
for understanding the many complex
issues that surround regional growth.
}) Builds regional consensus by
giving communities and the public the
capacity and opportunity to actively
participate in the planning process.
Uses data tools and techniques to
assess the impact of transportation
and other public policy choices on
a community, and visually map the
results, making the effects of potential
scenarios easy to comprehend.
" Recognizes the impact of tradeoffs
among achieving competing goals in a
fiscally constrained environment.
ria=
Transportation
For America
i'\FC;@T4AMERICA.ORG
(2(121 ~!~:t)~:)~A:~
-, 707 SLeet !,;\!V
S:;de 2S0
\Nesi;iqqian DC. ::0036
How Does it Work?
Identify performance goals for the region,
based on the major forces of change like planned
transportation investments, population growth,
and land development.
Create a set of scenarios that looks at how the
adoption of different sets of policies and invest-
ments will affect regional quality-of-life, including
environmental impacts, affordability, water quality,
public infrastructure expenditures, and conges-
tion.
Analyze the implications of different scenari-
os using geographic visualization tools. Mapping
the scenario data helps the public and decision-
makers understand the potential impacts.
BACK
Provide the public, decision-makers, and city
planners with opportunities to evaluate each
scenario by comparing indicators relating to land
use, transportation, demographics, environment,
economics, technology, and other driving forces.
Monitor progress. Performance-based planning
is an ongoing process. Real growth patterns
need 10 be compared with which set of policies
and investments are selected to ensure perfor-
mance goals are met.
Case Study: More Open Space in Sacramento
j .' i j t, I
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1l"'1:'s.::o- ~,.' -r'-':;~J.' SJ.. ='-":.-T'" , - -, .",=-..:::~:>~ .. ;;;!(. if"",,! ;~ /
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, ~~ ~l1;.:., -$tCRJ.~(H;Oj. . :11 \ S'(Cli~J'[r~R'"'
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Seuemento In 2050, Base Case"
SAc'amento ,n 2060. Performance-based Plan
D Development, Existing and Future 0 Open Space: Parks, Wetlands, etc. D Agriculture or Undeveloped Land D Highways
If the two maps above appear similar at first glance, a close inspection reveals the "Sase Case" scenario on the left urbanizing
166 square miles of agricultural land, with sprawling development across Sacramento's urban fringes: eating up farmland and
necessatiting more driving to get from place-to-place. The preferred Performance-based plan by comparison urbanizes 102
square miles of farmland, shows more compact land use, and reflects a smarter, more diversified transportation infrastructure.
'" . ,. ~~,;"
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