HomeMy WebLinkAbout2007-1002 Council Mtg Packet
CITY OF
ASHLAND
ImDortarlt: Any citizen may orally address the Council on non-agenda Items during the Public Forum. Any citizen may submit
WrittellcQ'rrunents to the Council on any item on the Agenda, unless it is the subject ora public hearing;andJhe ~ is closed;
Exceptforp;1.1bliclle~ngs, there is no absolute rightto orally address the Council on an agenda item. . Timepennitting, the
Presiding Officer may allow oral testimony; however, public meetings law guarantees only public attendance, not public
participation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers.
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some extent on thenarure of the item under discussion, the number of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 2, 2007
Civic Center Council Chambers
1175 E. Main Street
6:30 p.m. Executive Session to discuss: pending litigation pursuant to ORS 192.660(2)(h)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. APPROVAL OF MINUTES [5 minutes]
1. Study Session meeting minutes of September 17,2007
2. Executive Session meeting minutes of September 18, 2007
3. Regular Council meeting minutes of September 18, 2007
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of October 7 - 13, 2007 as National Fire Prevention Week
VII. CONSENT AGENDA [5 minutes}
1. Minutes of Boards, Commissions, and Committees
2. Citizen's Library Advisory Ad Hoc Committee
-e 3. Issuance of a Request for Qualifications for the Development of Affordable Housing
at the Parks Clay Creek Property
4. Approval of a Public Contract Greater than $75,000 Distribution Rack Expansion
/ Project (M' Y
V'5/Adoption Findings for PA 2007- ,247 Otis Street
,Iti. Approval of Agreemen o. 23720 - Congestion Mitigation and Air Quality (CMAQ)
Program - Beach Street: Glenwood to End - between the City of Ashland and the
Oregon Department of Transportation
7. Approval of a Contract for the 2007 Utility Construction Project
8. Mayor's Appointments to Various Commissions
9. Ap~roval of Contract for Update the Transportation System Plan
10. 11 t Annual Report on Implementation of the Valdez Principles
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL ')
V1Srr TlIE Crry OF ASIILAND'S WEB SITE AT WWW.ASIILAND.OR.US
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject
of a Land Use Appeal. 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
92.04.040})
None.
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Second reading by title only of an Ordinance titled, "An Ordinance Amending the
Ashland Municipal Code, Land Use Ordinance, Regarding Conversion of Existing
Rentals Into For-Purchase Housing in Multi-Family Zoning Districts"
2. Second Reading by title only of an Ordinance titled, "An Ordinance Amending AMC
3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected
Officials"
3. PERF Report [30 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Gift of Public Art [1 0 Minutes]
2. Review of Lithia Way Parking Lot Development Agreements [30 Minutes]
3. Recommendations from Transportation Financing Taskforce [15 Minutes}
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL
LIAISONS
1. Further Discussion of implementation of July 18, 2007 Council Motion regarding Mt.
Ashland Association
2. Discussion regarding Mt. Ashland Association wastewater treatment plant
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL <)
VISIT TllE Clry OF ASHLAND'S WEB SITE AT WWW./\SIIL.\ND.OR.US
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
September 17, 2007
Civic Center Council Chambers
1175 E. Main Street
CITY COUNCIL STUDY SESSION
SEPTEMBER 17, 2007
PAGE 1 of4
CALL TO ORDER
Mayor Morrison called the meeting to order at 5 :24 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Silbiger, Chapman, Hartzell, Hardesty and Jackson were present. Councilor Navickas arrived at
5:58 p.m.
1. Review of Regular Meeting Agenda for September 18, 2007
Comment was made requesting clarification of information included in the PERF Report; would there be an
officer on duty in the contact station who would also visit businesses to talk to people.
Police Chief Terry Holderness explained that a records clerk rather than an officer will be assigned to the
contact station to answer questions from the public or notify the Police Department (PD) of any incidents in the
plaza area. He noted officers would only be in the area to write reports or take a break and stated the idea of
the contact station is to have a police presence on the plaza. He noted the public will have easier access to
police officers in the plaza and, in turn, police officers will have the ability to respond more quickly to various
situations. He stated the PD has already taken the initiative to visit some local businesses to address any of
their questions and/or issues and noted there will be an area commander in the plaza to regularly carry out
specific outreach. He commented the Area Commander Program is a long term solution that will address
business' rights and responsibilities as well as any perceived problems in the area and possible solutions.
Chief Holderness eXplained that the contact station will address crime in the area, disorder, and the perception
of crime and disorder. He stated crime such as disorderly conduct is significantly disproportionate downtown
due to the large amount of people in the area and noted alternative strategies used to address such issues. He
added the PD will continue to come up with additional strategies to include more elements. He stated the PD is
continuing to gather data on crime rates, police activity and response time (plaza and city-wide), etc., and noted
they will compare before and after data once the contact station has been in place for a specific period of time .
He stated the PD will also log the actual amount of time officers spend in the contact station in order to keep
track of how much time is spent in the plaza. Additionally, he noted it would not be economically feasible for
the City to have more than one contact station.
Administrative Services/Finance Director Lee Tuneberg clarified a new resolution for the Transient Occupancy
Tax (TOT) will change the amount of the total grant once the time comes near the end ofthe fiscal year.
Councilor Hardesty noted the resolution is the City's own making and is not imposed by the state, and she
questioned what the figures would be if the City used less than 1/3 of the new revenue. She also voiced her
interest in maximizing the amount the City can put into the general fund, as this money could also possibly be
used for economic development.
Mr. Tuneberg stated 14.23% of the tax can go towards tourism, 70% of additional revenue goes towards
tourism as well and the rest of it goes towards the general fund and can be used for other purposes. He agreed
some of the additional revenue could be allocated to smaller grants or used for paying down debt. He stated if
the City does not raise the tax rate and wants full flexibility to spend money that is not dedicated toward
tourism, 1.3 million dollars could be used on other items, such as funding on-going services.
CITY COUNCIL STUDY SESSION
SEPTEMBER /7. 2007
PAGE2oJ4
Mr. Tuneberg explained the different mathematical figures provided on the council communication as well as
how they support the different scenarios while also taking state requirements into consideration.
City Administrator Martha Bennett stated that staff would provide the Council with a list of restrictions in
accordance with state law, and the different options the City can choose to use the general funds for.
Mr. Tuneberg responded to the question regarding paying off the AFN debt through a balloon payment, that in
the past there was an interest penalty, but noted he would look at it again to see if there are any bonding funds
available.
2. Look Ahead Review
Ms. Bennett reviewed the schedule with the Council and noted it is subject to change.
3. Economic Development Strategy
City Administrator Martha Bennett stated that the resignation of Community Development Director David
Stalheim may affect the schedule of this project.
Councilor Navickas arrived at 5:58 p.m.
Community Director David Stalheim explained the outline for the Economic Development Strategy (EDS) and
noted there were three themes of the strategy:
. Preservation and enhancement of the quality oflife.
. Creation of a diverse and sustainable economy.
. Improved coordination & process of civic and government sectors.
He identified three major steps to accomplish an Economic Development Strategy:
I) Review existing programs.
2) Develop a strategy utilizing public opinion.
3) Implement the strategy.
Mr. Stalheim stated he put together a list of the following items the Council should take into consideration, as
well as major tasks and options.
I) Determine the timing of effort in conjunction with other city efforts. He noted the staff's recommendation is
that the City move ahead immediately while taking care not to cause citizen confusion.
2) Create an Economic Development Task Force. The staff's recommendation is that the City develops a 12-
15 member Task Force with members who represent the following institutions and interests: City of Ashland,
Southern Oregon University, Ashland School District, Small Business Development Center, Rogue
Community College, Chamber of Commerce and citizen members, such as business representatives, youth and
retired persons.
3) Determine staffing needs. He stated this would require considerable effort to coordinate and noted there is
not sufficient capacity within staff to do so at this time. He suggested the possibility of a consultant and staff,
as a consultant would be able to research, facilitate and write the strategy. He stated, however, that it's not
efficient for a consultant to carry out day-to-day activities such as organizing public meetings, notices and task
force contacts, without a part-time staff member. He also suggested the possibility of a new staff position
within the City. It would create in-house expertise as well as City leadership and presence on the issues. He
noted the cons would include an ongoing budget commitment as well as a timeline to recruit and hire for such
a position. He recommended a blend of both approaches over time and noted the strategy would be a $150,000
effort.
,
CITY COUNCIL STUDY SESSION
SEPTEMBER 17. 2007
PAGE3oJ4
Mr. Tuneberg explained funding is an issue and noted $150,000 is cost estimate only of the strategy. He
commented there are three approaches the Council can take concerning the issue of cost; raise property taxes,
use proceeds from transit occupancy tax revenues, or look at other charges and give the strategy a higher
priority by cutting something else out of the budget. He stated $80,000 of the budget has been approved for
master planning and could be used towards the project. He noted any money spent beyond this amount would
require a revenue stream and added since the timing ofthe project goes into the next fiscal year; staff can make
a recommendation to the Budget Committee to renew the current property tax rate for the subsequent year. He
clarified the property tax rate was raised by 4 y, cents in June.
Ms. Bennett stated that this would not affect Croman, since the City will use a state grant, but the Council will
have to wait on using these funds for the railroad property. She also clarified that it is assumed that the city
would need to raise almost double the money allocated in the current budget.
Mr. Tuneberg noted if the Council were to add I % on the tax, they could generate approximately $60,000 for
other items not tied to tourism. He stated the Council can consider what other items are lower in priority as
well as other charges the Council can assess.
Ms. Bennett stated if there was a strategy to increase tourism the 70% TOT could easily be used, but because
this is a broader economic development strategy, it is highly questionable.
Mr. Stalheim stated that that the key is to find staff or a consultant to gather additional input from the public.
Mayor Morrison questioned ifthe Council, in an ideal situation, would have a completed visioning process for
the City and then develop an economic strategy out of it. He also requested additional information on what the
potential for duplication and confusion is and how it would be handled.
Mr. Stalheim responded that a good discussion for the Council is to determine what they want and that the
visioning should be up front of economic development, a comprehensive plan update, etc. He noted it would
be a good process for the community to go through to see how all items relate to each other such as
transportation, housing, jobs and so on. He commented that a visioning process is global and stated by
delaying the EDS, the Council is only delaying details they will have to address anyway.
Concern was raised on the difficulty of staffing and hiring a consultant. That Council should deliberate in more
detail during the regular council meeting. Mr. Stalheim advised the Council to be careful about the actual start
date of a new hire to handle the task force so it is not resting entirely on existing staff members' shoulders.
Mr. Stalheim explained that staff had put the comp plan update on hold while waiting for City visioning. He
noted the outline for the comp plan has a visioning component but added the visioning process is larger than
just the comp plan and included many community activities. He added the goal is to use the city visioning
process in step with updating the comprehensive plan update and tie the two together with added coordination.
4. Croman Mill Site - Area Master Plan Project
Councilor Silbiger stated he has a potential conflict of interest and will excuse himself from any
discussion. Council will make a formal motion to this effect at the regular council meeting.
Councilor Silbiger left the meeting at 6:29 p.m.
Senior Planner Bill Molnar provided an update to the Council concerning the Area Master Plan Project.
He noted that developing a plan within a 4-6 month period in order for the City to focus on areas that are
under potential development is an expeditious process. He added the City would need to fine-tune the
final product in order to meet zoning requirements as well as the comp plan. He stated the Department of
Land Conservation and Development (DLCD) would administer the project and added all the required
sbf) vo!'JaJ( / ft!~t~\S~JDYSESSfON
V. SEPTEMBER f 7. 2007
PAGE4of4
ified consultants and DLCD. He noted local staff has an
ement, and he indicated the consultant selected for this
ula. provided an outline of tasks, noted the plan was
e Ity is allowed to comment on the outline.
paperwork is administered between pre-q
important role in t
particular project'
developed by DL
Task I -
Task 2 -
Task 3 -
Task 4 -
Task 5 -
Task 6 -
Task 7 -
Information Assembly and Review
Reconnaissance (tasks one and two are fairly normal with task two generally involving a
kick-off meeting, the first offour public works shops.)
Conceptual Plans (task three requires the development of three conceptual master plans for
the area, with one requirement considering economic opportunities analysis. The
development plan must address issues such as supportable land uses and land use mix as
well as the transportation system plan and improvements. )
Concept Review
Additional Refinement and Review - Contingent Task (tasks 4 and 5 include citizens
input resulting in a refined plan for the area based on the development of the initial plans.)
Final Products (task six would be a conceptual area master plan for the site which would
indicate proposed land use amendments and possible changes to the land use ordinance.)
Adoption (under task seven, the City is responsible for holding public hearings at which
the City may choose to adopt the final report.)
He noted that the project timeline is tentative and that it could be based on the North Mountain Plan;
anywhere from 4-6 months to develop. Overall, he stated this is an exciting project and noted the
implementation of the Leadership in Energy and Environmental Design (LEED) Program. He stated
LEED has developed a concept to apply to a new master plan. He noted one concept specifically addresses
green infrastructure to control some of the waste produced on the site and the importance of considering
LEED as far as neighborhood development is concerned. The amount of space dedicated to parking was
noted and the various possibilities it provides.
Councilor Jackson requested further information on what kinds of zone changes may be included in the
master plan. Mr. Molnar stated the plan does not go into this type of detail and noted this information will
be sorted out through a public workshop.
Mr. Molnar explained that the City had created its own custom district during the North Mountain
Neighborhood Project based on what came out of the planning process and that this item is relevant in
terms of parcelization.
Mr. Molnar stated the list of tasks have not been completely developed but that the State has outlined key
participants as; the City, ODOT, RVTV, Bellview School and neighborhood residents.
Mr. Molnar stated a public meeting will be held in November. He also explained the mill site is owned by
one family, with a representative representing their interests, and noted there is another owner adjacent to
Mistletoe who will be contacted. He pointed out other zoned areas on the map as well.
Meeting was adjourned at 6:51 p.m.
Respectfully submitted,
Barbara Christensen
City Recorder
Ashland City Council Meeting
September 18,2007
Page 1 of 11
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 18, 2007
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:10 pm in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Hartzell, Chapman, Jackson, Navickas and Silbiger were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced vacancies on the Tree and Forest Lands Commissions.
APPROVAL OF MINUTES
The minutes of the Special Meeting of August 27, 2007, Executive Session meeting of September 4, 2007
and Regular Council meeting of September 4, 2007 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor Morrison asked that the contingent from Southern Oregon University ASSOU come forward and
introduce themselves. He thanked them for coming to participate in this meeting.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees
2. 2007-2008 Grant Agreement with the Chamber of Commerce
3. Hnnter Internet Service Provider (ISP) Contract Approval
Councilor Chapman/Navickas m/s to approve Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS None
PUBLIC FORUM
John Sexton/321 Clay Street! Gave his gratitude for the Council's efforts regarding the Library Levy.
Stated that previously they had 3 full time librarians but with both the County plan and our additional levy
plan only two librarians would be employed. Urged the Council to remember that they not forget to
continue working towards a permanent funding solution.
Councilor Chapman announced that this Saturday, September 22, 2007, is international Car Free Day. He
gave some details on all the activities planned by the Bicycle and Pedestrian Commission to celebrate the
day.
UNFINISHED BUSINESS
1. Schedule for Rates and Fees Review
Finance Director Lee Tuneberg gave overview of table regarding potential timing for review of upcoming
rates and fees. Other projects may alter the current schedule but hopefully this will give the council a good
general idea of what we are currently working on and what the timing is for most of the reviews.
Currently they are working on Transportation and Storm Drain SDCs and hope to work next on Water and
Wastewater rates. Would like to include, as part of water and wastewater rate reviews public and council
input regarding the right rates and the correct methodology that we use to determine the rates.
Ashland City Council Meeting
September 18,2007
Page 2 of 11
Electric rate increase was deferred in December to await BP A's releasing information regarding the
wholesale rates we would be charged. These rates will be the biggest determiner as to what rates we will
charge. The current timeframe for working on Electric rates approximately 2008-2009.
Councilor Silbiger requested clarification on the senior discount program. Tuneberg clarified that this was
for disabled seniors and does not necessarily include low-income. This is not the same as the Ashland
Low Income Energy Assistance Program, which is applied regardless of age. Those receiving the discount
must apply and qualifY for the rate reduction.
Councilor Hartzell asked if there are budgetary implications that he has not outlined in the Council
Communication or is this just part of normal operating procedures. Will these fee adjustments be handled
by staff or contracted out? Mr. Tuneberg stated that due to staffing levels and knowledge necessary we
will contract out any of the major work with support from city staff. Councilor Hartzell asked if any of
these were currently in the budget. Mr. Tuneberg stated we do have monies budgeted for some and for
those that are further out on the timeline we will put into future budgets.
Councilor JacksonlHartzell moved to approve staff process as outlined in the council
communication. Voice Vote: all AYES. Motion passed.
2. Record Submissions and Deliberations for PA 2007-00455, 247 Otis Street Final Plan
Councilors stated they have had no ex-parte contacts.
Community Development Director David Stalhiem stated that since the close of the public hearing there
was a request to keep the record open. The Council has received the two submissions to the record; the
submission by Art Bullock and the response from Chris Hearn. The record is now closed. Findings were
not prepared for tonight they have received a two week extension of the time deadline so that Council is
able to make a decision tonight. Findings will then be prepared for the next regular Council meeting.
Councilors Silbiger/Jackson m/s to approve the application for Final Plan approval under the
Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one
lot containing the existing home and swimming pool structure on the site, for the property located at
247 Otis St. in PA 2007-00455 with the conditions of approval attached by the Planning Commission
as stated in the Findings and Orders dated July 10, 2007. Roll Call Vote: Councilors Hardesty,
Hartzell, Chapman, Jackson, Navickas, and Silbiger, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. PERF Report Update
City Administrator Martha Bennett stated that as she forgot to get this council packet to the council two
weeks in advance, as she had originally agreed to do, she suggests that tonight Council gets the overall
report, make a recommendation on the downtown substation portion of the report and save all other
decisions for the next regular Council meeting.
Police Chief Terry Holderness gave overview of the recommendations from the Police Executive Research
Forum (PERF) report. The PERF group were asked to do things: I) develop policies and procedures to
institutionalize community policing in the City of Ashland and 2) update some policies, particularly those
related to the use of force.
Chief Holderness reviewed all the recommendations of the report and gave the current time line for
accomplishing these goals. They intend to implement all the PERF report, with only a few exceptions:
I) implement area commander system rather than neighborhood policing as it better fits our
neighborhoods and our current staffing levels
Ashland City Council Meeting
September 18,2007
Page 3 of 11
2) extending mission statement timeline as Chief Holderness would like his officers to be better trained
on community policing and would like community involvement prior to creating the statement
3) increasing staffing as we do not currently have this in the budget they are, however, currently
working with Medford to get the statistics regarding when staffing levels need to be highest (i.e. when the
get the most calls) to ensure stafflevels are appropriate
4) restructuring step increases as we are in the middle of a three year contract Chief Holderness
recommends waiting until the contract is up before implementing.
Chief Holderness explained that PERF recommended an update to the taser policy. The new policy is un
the council packet. The department would like to go forward with the PERF recommended purchase of
new tasers which would include a new camera system. Anytime the safety is turned off on one of the new
tasers the camera would automatically begin recording both audio and visual so that each incident could be
reviewed in a way never before possible.
Chief Holderness eXplained that another recommendation of the PERF report is a downtown contact
station. The reasons for having this substation include:
I) Increase police presence.
2) Reduce reported crime and disorder
3) Reduce the perception of crime and disorder
4) Reduce response times to incidents
5) Improve service to community
There are three options for the opening of a contact station: I) Lease space from private property owner at
a reduced rate (as it was originally offered) 2) Lease space from private property owner at market value 3)
Use existing space in City Hall. There are pros and cons with each location. Advantages for a private
location include; visibility, two parking spaces come with the location, a back door for prisoners, and more
removed from the hectic activity level of City Hall. Some of the disadvantages of the private location
include; need and alarm/safety system, public perception of potential favoritism, further away from city
hall activity, and the costs of leasing. Advantages for city hall location include; cost, public perception,
security for clerk, closer to other city departments, and existing design. Disadvantages for city hall location
include; parking, crowding in city hall, no back door.
Chief Holderness eXplained the criteria for judging the success of the contact station. This includes;
number of hours officers actually use the location, crime and CFS before and after the substation, response
times in the downtown area, response times in the entire city, and number of times substation is used by
the community. He would suggest that we review this for at least two years.
Councilor Jackson requested a clarification of the area command structure. Chief Holderness clarified that
the area command structure works better for smaller agencies with fewer employees (like ours) so that even
when officers are out sick, on vacation or away at training someone is around to pay attention to every
area. Also it gives more incentive for all people to work together on any problems rather than just the one
or two officers dealing with a problem in one specific area. Lastly, it is easier to gather the four
commanders that to gather all 16 officers - which technically is impossible as you need people in the field
and not everyone works the same shift.
Councilor Navickas asked for clarification as to why city hall's lack of a back door is an issue and if it
would be possible to use the current finance department area for the substation. Chief Holderness
explained that they had considered both the front area and the back (finance) area. The front is preferable
because it is easier for the public to access, and a more easily visible location. Additionally, the space in
the front of city hall is already physically designed correctly for a substation use. Also, we have ADA
access issues which come into play if we were to use the back area.
Ashland City Council Meeting
September 18, 2007
Page 4 of 11
Councilor Hartzell requested clarification on the reasons for needing to bring someone into the substation
in handcuffs. Chief Ho]demess clarified that those people would be non-violent, typically people they
would process and site release. It would help to keep officers in the area, they would still be in the
downtown area and therefore be more readily available for additional contacts. Councilor Hartzell
requested clarification that regardless of the problems we could make city hall work. City Administrator
Bennett stated that yes, we could make it work. However, they do need to be aware that due to the limited
space and the overall poor design, any change would be a challenge and would bring up many other issues
regarding the lack of space and easy public contact in city hall. Councilor Hartzell requested clarification
on how many city spots we currently have for city use at city hall. City Administrator Bennett stated that
we currently have one reserved space. Councilor Hartzell questioned if the council has the ability to
designate other parking spaces. City Administrator Bennett stated that yes they can. That previously we
did have three spaces dedicated to the city but we took those away for the sake of customers trying to park
in the downtown area.
Councilor Hartzell questioned whether or not bullet proof glass would need to be installed at the
substation. Chief Holderness stated he didn't see a particular reason why that would be necessary. He
stated an open counter is a more friendly environment and more customer service oriented. He also stated
that statistically speaking the lobbies of police departments are not prone to acts of violence.
Monique Teal/1250 Siskiyou B]vd. She is the current SOU student body president. Appreciate changes
made in the new taser policy. Stated that training for all officers on the use of tasers and the addition of
video/audio recording devices to the tasers is absolutely necessary. Even though they respect the changes
they believe additional changes are necessary including; additional cultural training for APD, taser
training by group other than Taser International, mandatory testing for all tasers to insure they work
properly, review of each taser incident in the same manner as review of use of deadly force.
Suzanne Frey/ 1042 Oak Knoll Dr. Spoke in support of the downtown substation. Remembered when
entire police station was downtown. During those times t never felt like a police state, no one lost their
free speech right, there was more civility and it generally felt like a more welcoming place to be, no one
was harassed, there were fewer signs of vandalism. Urged the council to support the substation.
Richard Hansen/ 25 N. Main St. Spoke in favor of police substation located downtown. Explained that
he has seen the higher levels of vandalism, graffiti, bad language, and garbage since the police moved out
of the downtown area. Stated that tourists often tell him they won't return because the town is no longer
family-oriented and that they feel harassed. Because there is a greater concentration of population on the
plaza that is where the greater police presence needs to be.
Ron Hansen/2659 Takelma Way, Allen Sand]er/1260 Prospect, Ralph Temple/150Myer Cr. Rd, Art
Bullock, Pam Vavra/457 CSt., & David Moss. Spoke in favor of downtown substation. Reminded us
that officers are trained in emergency medical assistance, which helps with so many people in the area to
have quick response time. Spent a great deal of time with this varied group discussing this issue and all
have come to agree that this substation is necessary on public property.
Ralph Temple/ISO Meyer Cr. Rd. Stated his support ofthe downtown station. Stated the station needs
to have a two-year trial period with specific goals for police to track and achieve. Stated that it is important
the substation be located on public space so that police and commercia] interests are not too wedded to
each other. Feels that since they (the group above), as a widely diverse group, are able to work together so
should the council be able to work together.
George Sexton/396 Bridge St. Motivated to speak today by the student who was tasered at the John
Ashland City Council Meeting
September 18, 2007
Page 5 of 11
that disorder is the real issue and the perception of disorder is more to the point. This perception is due to
bias and intolerance.
Dennis Slattery/1405 Pinecrest. Thanked the council for their service to the community. Stated an ounce
of prevention is worth a pound of cure. Spoke in support of the downtown station.
Marilee Jenkinson/2200 Ashland St. Stated that she sees lots of confusion and unrest on the plaza.
Wondered what mentoring is being provided. Reminded everyone of the trial ofLt. Watata and showed
the banner she has made in support of him.
Howie Wilcox/120 Gresham St. Thanked the council for creating a very special town. His only
disappointments in this town have revolved around the crime in town. Supported the substation and
providing "beat cops" for the assistance of our youth. Wants a commitment for us to be tough on crime.
Not the lost youth, but the real criminals.
Councilor Navickas stated that the real problem is not crime downtown, but rather the intolerance and
bigotry of people in the downtown area. If we are going to do this substation we need to have community
outreach to deal with this intolerance.
Mayor Morrison asked of Chief Holderness how to distinguish between crime and just unpleasantness?
Chief Holderness stated that it is officers first responsibility to be peace officers. It is important that both
sides understand what is and isn't allowed. Both people breaking laws and people calling the cops need to
know that laws are or aren't being broken.
Councilor Hartzell stated this is not about starting to enforce laws, the police already enforce the laws in
the downtown area it is about just getting more police officers into the downtown area. She has not really
supported this substation, however she is willing to trust the new Chief and his actions. She stated that the
things going on here are the same in other cities and the homeless trends are shown nationally. One
remedy is to get local people downtown. She talked about public perception and being able to change those
perceptions. She stated that there is a public perception that if the substation is located in a private location
it could be a conflict of interest or involve ulterior motives. If it is important for us to do this substation
then it should be important enough for us to put it in public space.
Councilor Hardesty asked Ralph Temple and Councilor Hartzell if they believe locating the contact station
in a property where city pays market rate rent is still considered private property and if that is the case,
what is their objection? Ralph Temple stated that the lease creates a relationship between the police and
the landlord. He stated that landlords and tenants do things for each other because they understand that
this relationship is important. It has more to do with the police being too tied into commercial interests in
general. Councilor Hartzell stated that the substation was prompted by a study that was specifically
targeted to downtown business owners it didn't then follow up with other community members. This
shows her that the whole reason for this is specifically for business owners. She stated again that if it is
important for us to do this substation then it should be important enough for us to put it in public space.
We have significant square footage downtown already if it is important then we should put it there. We
have other activities, such as our utility billing, which are more of a commercial nature.
Councilor Navickas moved to approve downtown substation conditional on it being within public
space, that the City Recorder's office be protected, and that the space be used for a weekly free meal
to be administered by Police Department. No second was made. Motion failed.
Councilor Navickas stated he thinks the free meal is an important issue for those who will feel antagonized
by additional police presence. It could be something that could really build community and thinks it is
important that the police department work with non-profits to make better connections community,
particularly the youth and homeless communities.
Ashland City Council Meeting
September 18, 2007
Page 6 of 11
Councilor Hardesty stated that she likes the idea of making stronger connections between the police and
other parts of the community. Stated that city hall is too crowded and that renting a space and paying full
market value doesn't necessarily mean that there will be a special relationship with the landlord. In fact,
the lease could be written to directly address and avoid such a relationship.
Chief Holderness stated that he didn't think you should be asking police to be handing out meals. It isn't a
cost effective way to do business and we don't have the extra man power for such a project. He would
rather be involved with helping people get off the streets by working with organizations who specialize in
that. He believes that the police should get involved with groups who focus on helping people get off the
streets.
Mayor Morrison stated we are looking for a way for the police to interact with the community. We have
several organizations who provide meals and perhaps the police could participate with them. He stated
what we are really looking at a way to support and develop good relations.
Councilor Silbiger stated he does not have a problem with it being in a private location. He has seen
substations in strip-malls and in many other locations. The issue is really whether or not we want the
substation not the location. Having a contact station relaxes people's perceptions of police. The more the
police interact with people the more people will react positively towards the police in general. What we
are being offered is good, even if we have to pay full price.
Councilor Jackson stated that she doesn't see a conflict if the city leases private space it is important that
we establish the contact station so that the central area patrol and so that the additional space and
interactions can happen downtown. Agrees with Councilor Navickas' notion of getting the police to
interact with the community more but believes that there are many thing which we can and will to increase
that.
Councilors Jackson/Chapman mls to direct the Police Chief to move forward with negotiations to
lease a space on the plaza for a police contact station. DISCUSSION: Councilor Hardesty asked if she
would be willing to amend that to "for market rate". Councilor Jackson agreed.
Councilors Hardesty/Hartzell mls to amend motion to read that city pays market rate for the
contact station. Roll Call Vote: Councilors Hartzell, Hardesty, Jackson, Silbiger, YES. Councilors
Chapman and Navickas, NO. Motion passes 4-2.
Discussion continued on amended motion: Councilor Hartzell stated that we had originally bought the
mobile data computers on the premise that the officers would be down in the downtown area more
frequently and it just wasn't so. She will be voting against this motion, not because she's not willing to
compromise and give this substation a chance but because of the issues she has already raised tonight.
Roll Call Vote: Councilors Chapman, Hardesty, Silbiger and Jackson, YES. Hartzell and Navickas,
NO. Motion Passed 4-2.
Councilors Navickas/Hardesty mls to direct staff to look at ways to do outreach to the downtown
business community to address some of the issues of intolerance that have been raised through the
survey that was taken with regard to the downtown substation and return within two (2) months
with proposals on how we could do outreach to the downtown community.
Councilor Hardesty moved to amend the existing motion that the outreach includes ways to reach
out to young people in the downtown area. Councilor Navickas agreed to the amendment to the
Ashland City Council Meeting
September 18, 2007
Page 7 of 11
existing motion. DISCUSSION: Councilor Navickas asked Councilor Hardesty if she intends that this
includes something like his suggestion of a free meal from the substation. Councilor Hardesty stated yes,
but it was more about some sort of friendly mentoring to reach out the young people.
Councilor Jackson stated that she supports everything that the motion stands for but she believes that this is
already the intention of the PERF report. She doesn't find a need to be so specific at this point in time.
Councilor Silbiger stated that this would be much more appropriate after we have the rest of the PERF
report discussion at the next regular meeting.
Councilor Hartzell stated that the proposal for the substation was one effort to defuse the situation down in
the business area for a number of different reasons. The Police Chief has stated that he is starting to work
with the downtown business owners and he has read the survey. Councilor Hartzell noted that only a
records clerk would be at the substation, there was never any mention of adding more officers to the
downtown area. So rather than voting for the motion as it is currently structured she would rather ask the
Chief to spend more time than he has so far in the downtown area working with the business owners. This
was done on a promise and she would like to see the promise fulfilled.
Councilor Navickas stated he would like to see something more formal than a promise. He would like to
see a staff report with several, very specific proposals. He doesn't believe that the PERF report addresses
the issues he is concerned about. There is no mention of diversity training or working with other groups,
like the Chamber of Commerce.
Roll Call Vote: Jackson, Navickas, Hardesty, YES. Chapman, Hartzell, Silbiger, Morrison, NO.
Motion Fails 4-3.
2. Transient Occupancy Tax Rate Increase and Use of Proceeds
Finance Director Lee Tuneberg reviewed our current TOT policy. Currently we have two documents that
regulate our TOT and the use of the revenues. The first is Ordinance no. 2674 which set the tax rate at 7%
and the second is Resolution number 2007 -08 which stated where the monies were to be allocated. In
general we charge a tax rate of 7% which generates about 1.5 million in revenue. One-third of that is used
for economic and cultural grants the other two-thirds are treated as general fund monies. in 2004 the State
issued new guidelines for the use of proceeds came into effect. Due to this, we went through a process to
identify the amount of monies spent on tourism. It turns out we spent approximately 14% in the prior year.
This is now the minimum amount to be spent on tourism to meet the states requirements.
Councilors Hartzell/Hardesty m1s to extend the meeting to 10:30 pm. Voice Vote: motion approved.
Mr. Tuneberg stated that currently about $1 million goes to support the general fund and $500,000 goes to
the granting process and an additional $200,00 that goes to the Chamber of Commerce and the Oregon
Shakespeare Festival. There is a conflict between city and state guidelines so that if we were to alter the
tax amount there would be a natural shifting from non-tourism activity to tourism activity. He tried to
answer two questions regarding what we could do and what the impact could be. Without resolution 2007-
08, if we were to just follow the state guidelines and use the 14% for tourism that would "free-up" about
$300,000 for use in other activities for the Council to identify. As you consider any overall TOT increases
this amount would continue to raise.
Councilor Jackson asked about the base amount, unencumbered, if Resolution 2007-08 is repealed, and
specifically what this is. City Administrator Bennett stated that this currently is the portion of the Chamber
grant and other small grants that goes towards economic development.
Mr. Tuneberg stated that the staff recommendation is that if we are to consider an increase in the tax rate
that we go through a process to get all the people who will be impacted (lodging community, grantees,
Ashland City Council Meeting
September 18, 2007
Page 8 of II
etc...) an opportunity to give their input prior to making any decision on whether or not we should make
any changes to the tax rate and the use of the monies.
David Runkle! 586 E. Main St stated that he is the President of the Ashland Bed and Breakfast Network.
He provided the Council with a report about the tax levels in other cities in comparison to Ashland's. He
stated Ashland's tax rate is right in the middle of Oregon's average tax rate. He stated city's Bed and
Breakfasts would like to participate in any future discussions regarding TOT usage or increase. Also,
wanted to remind that it is not state guidelines, it is state law. What Ashland has been doing all along is
illegal under the state law.
Councilor Jackson asked her fellow councilors what, specifically, we are going to be spending the money
on. She could see using some of the money we already generate from the TOT for the economic
development staff person approved earlier. She reminded the Council that in 2004 she attended the state
hearings regarding the I % state-wide tax and she testified opposing the limits of the 70% because many of
our communities spend additional funds for water and wastewater, and for police activities related to the
large increase in population in the summertime. The state law does not allow cities to count those sorts of
expenses towards the tourist money requirement. She would suggest that an effort to change that
legislation would be advisable.
Councilor Silbiger stated one of the key problems and questions is understanding where the money will be
going to. He hopes this is just the starting discussion and not the actual decision making time. He hopes to
be able to use some for the economic development plan, as this is important to tourism. The TOT rate
hasn't changed since 1992 but every time we raise any other fees or taxes those costs get added to the room
rates, so in essence we have increased the costs to the hotels, bed and breakfasts, etc... He reminded
everyone that we also have the food and beverage tax, which is also unique to our community and must be
considered. He does think that a minimal raise is probably necessary, especially if we are committed to
doing the economic development strategy.
Councilor Hartzell asked who would be handling the workload on this. Ms. Bennett stated she and Mr.
Tuneberg would be handling this project. Councilor Hartzell asked if they had the time to work on this.
Ms. Bennett stated not immediately, but they could within two months.
Councilors HartzelllHardesty m1s to direct staff to schedule public meetings and a hearing to take
input on the changes to the Transient Occupancy Tax and use of proceeds including allocations
identified in Resolution 2007-08. DISCUSSION: Councilor Jackson stated that this motion does not
give any information as to what we will use the extra monies for and the motion does not specify one, two
or three percent increase. Councilor Hartzell stated her intent with the motion was that before we make
those decisions we have public input. This is just giving staff permission to initiate a discussion about the
TOT.
Mayor Morrison stated that while some don't appreciate it, this is a town based on tourism and with
current issues like the high price of gas and expensive airline tickets tourism is essentially a discretionary
decision. It is a highly competitive market. We actually have pulled back on spending on tourism which
can be an economically dangerous thing for us to do. We needs to be careful as a council and a community
that we not take the Oregon Shakespeare Festival, the Chamber of Commerce, and our other tourism
activities for granted. He hopes to hear more about these issues in the hearings we are suggesting with this
motion.
Mr. Tuneberg stated that although we haven't identified what we will be spending the tourism dollars on
the Bed and Breakfasts were at the granting process and were denied monies due to lack of 50 1 c status
even though these monies do technically fall under the tourism requirement. The amount of money
requested for grants continues to increase so we will never be out of options for spending the TOT money.
Ashland City Council Meeting
September 18, 2007
Page 9 of 11
Councilor Jackson stated that she will be voting no because she doesn't feel that we should go to public
hearings without the council having a plan for what they want to do with the money.
Roll Call Vote: Hartzell, Chapman, Hardesty, Navickas, Silbiger, YES. Jackson, NO. Motion
passed 5-1.
3. Economic Development Strategy
Community Development Director David Stalheim and Finance Director Lee Tuneberg presented some
options and strategy for developing economic strategy for the City of Ashland. Mr. Stalheim stated that
this really is a vision for the community. He stated that in the past year the Community Development
Department has begun to do background work on this by do the economic opportunities analysis. Out of
that analysis came three issues necessary to the strategy. These include; preservation and enhancement of
the quality of life, creation of a diverse and sustainable economy, and approved coordination of processes
for civic and government sectors. There are three main tasks which have been identified for the City to do;
I) Review existing programs for City, Region and State), 2) Develop strategy not number crunching but a
proactive strategy to move economy forward, and 3) Implement strategy and establish monitoring
practices.
Mr. Stalheim stated that they need the following tasks and discussions from the council; I) determine
timing with regards to other city projects and goals, 2) creation of economic development taskforce. (No
other current standing committee with skill base to do this. They recommend size of9-15 members.), 3)
determine staffing needs. The work would require considerable staff time. There are two options for
council to consider regarding staffing needs they can either hire a consultant and use staff to assist the
consultant or they can hire new staff member to focus solely on this task.
Mr. Stalheim estimated the cost of the project to be approximately $150,000. Mr. Tuneberg stated that
they have looked at potential sources of budget and found that the most likely revenue streams for this
project would come either from using the 4 1/2 cent property tax originally identified in the budget to be
spent on master planning, or from a Transient Occupancy Tax (TOT) increase of I %, or from increasing
other charges or fees.
Councilor Chapman asked if we were to raise the TOT when would we start collecting the money? Mr.
Tuneberg stated that this would not be able to happen until after we had public discussions about how
much we would raise the TOT before we could start collecting any money. He estimates it would take us
at least 90 days. Councilor Chapman asked if we wanted to start the project sooner would be borrow funds
from elsewhere in anticipation of receiving the TOT funds? Mr. Tuneberg stated that they could look to
fund it through open positions or other currently un-used funds. However to do this project we really do
need to have a good revenue stream.
Councilor Hartzell stated it is important that the visioning portion of this be very healthy as we are
delaying visioning in lieu of this project. We need to be sure to include working people in order to be sure
we are including workforce housing and minimum wage. Also, because the Oregon Action was involved
with the City working on living wage they should be included in the taskforce. She said that a dedicated
staff position does have some budget issues but overall has good continuity. She would prefer to see that
the funding come from TOT.
Councilor Hardesty agreed with Councilor Hartzell's statement that it is important to include employees on
the taskforce. She questioned why Rogue Community College (RCC) was on the suggested list of
taskforce members. Mr. Stalheim stated that RCC does lots of the job training and placement which
directly effects economic growth but, of course, the suggested list of representatives can always be altered..
Councilor Hardesty suggested we get started soon. She would like to use the $80,000 that was already
Ashland City Council Meeting
September 18, 2007
Page 10 of 11
been targeted to master planning for the first year but find an alternate funding source for the second year.
Councilor Jackson stated she would like to start taskforce and will prefer to have less than 15 members.
Would like to look at the possibility of a temporary staff position as we don't know how this will work out
currently. She would like to use the master plan funds to start this project, which should get us through
this fiscal year. This project should be flexible enough to evolve as we get information from other
projects.
Councilor Silbiger stated he also would like to see this project happen quickly. Even in the last 6 months
since we had the discussion with the chamber we've had lots of economic change. He is in favor of using
an in-house staff person rather than a consultant. It is clear the city needs its strategy and it needs to be
developed by a wide base of people.
Councilor Navickas stated this is one of the most important issues. We need to work on expanding and
varying our economy. He supports a staff position and would support using TOT money as he still
believes it is important that we do master planning with those funds. Currently our TOT is relatively low
in comparison to other cities in Oregon.
Councilors Hardesty/Hartzell m1s to direct staff to solicit members for Economic Development
Taskforce and prepare a job description for staff assistance, begin recruitment and fill position.
Roll Call Vote: Hardesty, Chapman, Navickas, Hartzell, Silbiger, Jackson, YES. Motion passes 6-0.
Councilors Hardesty/Hartzell m1s to direct staff to develop a clear timeline for development and
implementation of the strategy, with the goal to start as soon as possible. Roll Call Vote: Hardesty,
Chapman, Navickas, Hartzell, Silbiger, Jackson, YES. Motion passes 6-0.
Councilor HartzelllNavickas move to direct staffto look to funding the project through an increase
in the Transient Occupancy Tax. DISCUSSION: Councilor Hardesty stated that she thinks that the
TOT discussion will be more involved because along with it comes the need to spend 70% of any increase
on tourism. She questioned whether or not this motion is premature considering we don't know what we
will be spending that 70% for. Councilor Jackson stated that she prefers that we designate the funding we
already have for master planning. Councilor Navickas stated that when the master plan funds were
approved in the budget committee it was very clear that those funds were an add-on and the reason that we
got the add on was specifically because it was for long-range planning and not because it was for economic
development.
Councilor Hartzell stated that even though she would prefer that this happen quickly, she understands that
it might not happen in the next two months. She stated that when she suggested to the budget committee
the $80,000 dedicated to master planning it really was due to having watched the city not take advantage of
the opportunity down in the railroad district.
Councilor Hardesty agrees that we shouldn't neglect the railroad property. She stated that she favors using
TOT monies if we can work out the details.
Councilor Silbiger stated that Councilor Hartzell and Councilor Navickas brought out a good point that we
had promised to use the $80,000 for a specific project and we should stick with our promises. We are not
locking ourselves into using the TOT, particularly as we would have to go through a public process for the
TOT increase.
Roll Call Vote: Silbiger, Hartzell, Chapman, Hardesty, Jackson, and Navickas, YES. Motion passes
6-0.
Ashland City Council Meeting
September 18,2007
Page 11 of 11
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading of a Resolution titled, "A Resolution Establishing the City of Ashland Citizen Advisory
Ad Hoc Committee"
Conncilors Jackson/Navickas m1s to approve Resolntion #2007-05. Discnssion: Councilor Hartzell
proposed the following changes; amending to read, "restore vitality of the Ashland Public Library" and
amend that the committee meet "every month". Mayor Morrison agreed with the meeting every month
amendment and stated that it would not cause a problem with any of the people he has interviewed for the
committee thus far. Councilor Jackston stated that she disagreed with that change, as it clearly states,
"more frequently if needed."
Councilors HartzelI/Hardesty move to amend Recital A to read, "... working towards restoring the
vitality of the Ashland Public Library" and amend Section 3C to read, "...meeting every month"
DISCUSSION: None. Roll Call Vote: Hardesty, Hartzell, Chapman, Navickas, and Silbiger, YES.
Jackson, NO. Motion passes 5-1.
Roll Call Vote on original motion: Hartzell, Jackson, Chapman, Navickas, Silbiger and Hardesty,
YES. Motion passes 6-0.
2. Second reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland
Municipal Code, Land Use Ordinance, Regarding Conversion of Existing Rentals Into For-
Pnrchase Honsing in Multi-Family Zoning Districts"
3. Second Reading by title only of an Ordinance titled, "An Ordinance Amending AMC 3.08.020
To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials"
Items not addressed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Further Discussion of implementation of July 18, 2007 Council Motion regarding Mt. Ashland
Association
2. Discussion regarding Mt. Ashlaud Association wastewater treatment plant
ADJOURNMENT
Meeting as adjourned at 10:32 pm
Diana Shiplet, Executive Secretary
John W. Morrison, Mayor
Bicycle & Pedestrian Commission
August 16th, 2007 Regular Minutes
Roll Call: Chair David Young, Matthew Seiler, Mick Church, Tom Burnham, Jim Olney
Vice Chair Julia Sommer (absent), Secretary Selene Aitken (absent)
Council Liaison: David Chapman (absent)
Staff: Derek Severson, Associate Planner
Steve McLennan, Police Officer (absent)
RVTD liaisons: Steve Maluk, TDM Planner (absent)
High school liaison: Vacant SOU liaison: Nathan Meyerson (absent)
Call to Order
Young called the meeting to order at 5:19 p.m.
ADDroval of Minutes - Julv 2007
It was noted that the fIrst sentence under "Bicycle- & Pedestrian-Related Ordinances" should begin "After general
discussion, it was suggested..."
ChurchlBurnham mls to accept the minutes of the July 2007 meeting as amended. Voice vote: All AYES.
Motion passed.
Public Forum
John Baxter expressed his fiustration with the increasing number and type of motorized vehicles using the Central
Ashland Bikepath (CAB). He noted frequent encounters with scooters, motorcycles, and A TV's during his daily
commute on the path. Members noted that there are patrols on the path at times, and stated that this would be
looked at in depth as the Commissioners consider bicycle- and pedestrian-related ordinances. There was discussion
of Oregon state law which allows some slower-speed motorized vehicles to use bike lanes and bike paths in some
circumstances, and it was noted that there can be jurisdictional issues as County Greenway rules, state law, and city
ordinances come into play. Severson noted that he would convey the concerns expressed to the Parks Department
and to the Police Department, and Baxter indicated that he'd be willing to help the group involved in the ordinance
review.
Huelz noted his safety concerns with the narrowing of the lanes at the bridge on Lithia Way near Beasy's on the
Creek, and emphasized the diffIculty this created for cyclists in the roadway. He asked that the city consider placing
signage directing cyclists to use the sidewalk in this vicinity, and recognized that there would be jurisdictional issues
with ODOT regarding the placement of signage. Young suggested that Huelz pass this on to TraffIc Safety was
well, and members asked that Severson convey a recommendation to TraffIc Safety that this be addressed as well.
Huelz also asked that the city consider rewording signage in the downtown to say "Please Walk Your Wheels."
Severson noted that Steve Ryan who was in attendance had been recommended by the Mayor for appointment to the
Commission. He explained that this appointment had to be confIrmed at the next City Council meeting, but barring
complications there, Ryan's appointment should be complete by the September Bicycle & Pedestrian Commission
meeting.
Subcommittee & Liaison ReDorts
Seiler reported on Car Free Day planning efforts, noting that the noise permit had been approved and other permits
had been applied for. Tablers have been contacted, and Jeff Golden will emcee. Severson noting he was following
up with the Street Department about the closure. Seiler stated that his band would be playing, and it was noted that
Egon Dubois may lead a morning coffee ride. It was noted that a planning meeting would be held on August 28th at
the Railroad Park. Seiler and Severson noted that they would be at the event on Car Free Day. Seiler noted that the
Car Free Day group was requesting that $250 in funding be provided by the Bicycle and Pedestrian Commission to
support the event by allowing rental of a better public address system, and to cover costs for printing flyers, t-shirts,
and other promotional expenses. Members discussed the Commission's role in the event, noting that while they had
sponsored the permitting to allow the banner and street closure, they were not conducting this year's event and had
2007-0816 Bike & Ped minutes
Page I of2
not previously agreed to linancial or volunteer support, and as such were somewhat reticent about fully funding this
request.
OIneylBurnham mls to approve $100 in Program Funds to support Car Free Day promotioual expenses
including t-shirt and flyer printing. Voice vote: All AYES. Motion passed.
Olney noted that Edgar Hee of the Jackson County Bicycle Advisory Commission had prepared detailed written
comments on the Oregon Bicycle and Pedestrian Plan update. Severson stated he would get a copy of these
comments for electronic distribution to members, and that members could comment individually as the comment
deadline falls well before the next regular meeting.
Young briefly discussed the ODOT lAMP meeting occurring now at 73 Winburn. Young discussed the potential
impact of Measure 37 development claims in the vicinity of Valley View Road and Highway 99. It was noted that
the Bicycle & Pedestrian Conunission meeting would now adjourn in order to allow members to attend the lAMP
meeting and comment as citizens, and Severson emphasized that the lAMP meeting was not a COmrriission meeting
and there had been no formal discussion or decision through a regular Conunission meeting. As such, he advised
members to keep in mind that they were commenting as citizens and not to represent their views as those of the full
Commission.
New Business
None.
Allenda Items for Next Month
Young stated that he would like to have the next agenda devoted largely to the development of a work plan based on
the recent goal setting.
Adiournment
The meeting was adjourned at 6:09 p.rn.
UDcominll Meetinlls:
Regular Meeting - September 20th, 2007 at 5:15 p.m.
2007-0816 Bike & Ped minutes
Page 2 of2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept:
Approval:
Citizens Libra
October 2, 2007
Admini tration
Statement:
The purpose of this agenda item is confirmation by the Council of the Mayor's appointments to the
Citizens Library Advisory Ad Hoc Committee for a term to expire in June 2009.
Advisor Ad Hoc Committee
Primary Staff Contact: Ann Seltzer
E-Mail: ann@ashland.or.us
Secondary Contact:
Estimated Time: Consent agenda
Resolution 2007-35 establishing the Citizen Library Advisory Ad Hoc Committee, requires the
committee be comprised of up to two people with library experience, one person with finance and
taxation knowledge, one person with issue-based election campaign experience and up to six at large
positions.
Staff Recommendation:
Confirm the Mayor's appointment of the following people to the Citizen Library Advisory Ad Hoc
Committee:
I. John Sexton Former reference and teen librarian Ashland Public Library, interested in
establishing services and goals more closely aligned with local needs
2. William Ashworth Retired reference librarian Ashland Public Library, served on the Citizen
Planning Advisory Committee (CP AC) (1984-1987)
3. Chuck Keil Experience with issue based campaigns and finance and taxation
4. Pam Vavra Experience with issue based campaign and co-chair of recent campaign
5. Sue Burkholder Library user, retired SOU Library Director serves on State Library Board
of Trustees
6. Susan Roudebush
7. Masonee Brown
8. Peter Gibb
library campaign
9. David Churchman Retired university professor with experience on committees
10. Marueen Batistella Library user, experience with numerous libraries elsewhere in the
country and in developing library networks and systems
Educator, mother, library user, university research faculty member
Library user, Retired Ashland School administrator
Library user, children's writer and illustrator, volunteered for the May
Background:
Twenty one letters of interest were received.
The duties of the CLAC as stated in Resolution 2007-37 are:
A. Review services provided by the Ashland Public Library during the interim period from
when the library reopens through June 2009.
B. Identify and recommend the delivery of future services by the Ashland Public Library.
Page I of2
10 02 07 CLAC appointment Council Communication.doc
r.,
CITY OF
ASHLAND
C. Receive community input concerning the Ashland Public Library.
D. Work in conjunction with regional and other municipal groups to identify long term library
funding options and library governance options to be completed for council review by
March 2008.
E. Serve as a liaison with the County Library Advisory Committee.
Related City Policies:
AMC 2.04.080
Council Options:
Council can:
. Approve the Mayor's recommendation.
. Recommend changes to the appointments.
Potential Motions:
I move adoption ofthe Mayor's appointment to the Citizen Library Advisory Ad Hoc Committee.
Attachments:
Letters from citizens listed above.
Page 20f2
10 02 07 CLAC appointment Council Communication.doc
~i.'
Honorable John W. Morrison
Mayor
City of Ashland
Ashland OR 97520
rvD~ @ [~O mn[E~
IG~ AUf; 0 2 2007 L~)i
IBY_~__ i
'------~;~~>- _._--",:,~=.=-==:,=::'j
13 July 2007
Greetings:
I would like to be considered for a position on the citizen's committee that hopefully will
be formed in order to advise on matters pertaining to the opening of the Ashland Library.
I have been a resident of Ashland since 1982 and have been a librarian at the Ashland
Branch Library from 1994 until its recent closure. I strongly believe that a vibrant library
is an indicator of a healthy community and recognize that our library in Ashland must not
only reflect but also anticipate the interests and needs of our citizens in order to remain a
cultural, educational and recreational focal point of our town.
To be the kind of library that Ashland wants and deserves requires a close relationship
between librarians and community members. One of the factors that distinguishes
Ashland Library from other libraries in Jackson County has been the involvement of its
librarians in the community. I would like to continue that involvement by serving on this
advisory committee in order to bring to this process a professional perspective and the
personal understanding of our community that derives from being a resident for the past
25 years.
I consider the time of this unfortunate closing of our public library as a rich opportunity
to explore options and alternatives that will make our library a fiscally prudent yet more
robust public service that nimbly serves all parts of our community. One of the limiting
factors of having been part of a county-wide system was that the local focus of individual
libraries became diffused in order to serve county goals. In the months ahead our
community and its library can establish goals and services that more closely align with
local needs in order to create a new and more dynamic presence for the library in
Ashland. I welcome the opportunity to be a part of that process and so ask for your
consideration when and if the time comes for a citizen's library advisory committee to be
formed.
Sincerely,
(I
~ ~J.--
John Sexton
321 Clay St. #28
Ashland OR 97520
i sextonrmrocketmai I. com
324-7325
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William Ashw01'th
101 ure.ham
A.hla"b. OR 91no
August 13, 2007
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IBy-_________i
--~~_.._--~.._...)
Mayor John Morrison
City Hall
20 East Main Street
Ashland, OR 97520.
Dear John Morrison:
I would like to apply for one of the positions on the new Ashland Citizen Library
Advisory Committee.
I served on the reference staff of the Ashland Public Library for more than seventeen
years, from July 1985 until my retirement in October 2002. My prior civic experience
includes four years on the Ashland Citizen Planning Advisory Committee (I 984- I 987;
chairman, 1986). I also have some experience in political activism, having been a citizen
lobbyist for the Sierra Club during the federal budget sessions in Washington, DC for two
years (I972 and 1974) and serving on the Sierra Club Oregon Chapter executive
committee from 1988 through 1990. I have written thirteen published books on natural
history and environmental politics. For further information I invite you to visit my
Website, http://wiIliamashworth.net; I have enclosed a printout of the biographical
summary from that site.
My wife and I have been residents of Ashland since August 1970, and have lived in the
same house on Gresham Street, three blocks above the library, since June 1971. I would
appreciate the opportunity to give back a little more to the community that has given us
so much.
Yours,
William Ashworth
~'-1- '\02,-,,\ 33.)
..worth biography
William Ashworth
...C1 briefbiogmph\'
chronology
. Born August I, 1942, in Moscow, Idaho; raised in Pullman,
Washington, second of five siblings. Father was a food science
professor; mother was a homemaker and activist.
. BA in music, Whitman College (Walla Walla, Washington), 1965.
. MA in music theory and composition, Washington State University
(Pullman),1967.
. Married Melody James at Eastside Friends Meeting, Bellevue,
Washington, October 29, 1967. Four adult children; six grandchildren.
career
Page 1 of 1
i ~
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~ .,..,. .~.. .
. Teaching assistant, music theory, Washington State University (Pullman), 1968-69
. Composer, 1966-present (see music page)
. Writer, 1 970-present (see separate lists of books and reviews).
. Reference librarian, Ashland (Oregon) Public Library, 1985-2002
. Instructor, Young Writers' Workshop, Arts Council of Southern Oregon, 1998-2000
. Instructor, Young Writers' Workshop, Three Rivers School District (Josephine County, Oregon),
2000
activities
. Sierra Club, 1968-1996 (bylaws committee Inland Empire Group, 1969; vice chair, Rogue Group,
1973-1975; editor, Pacific Northwest Conifer, 1974-1978; vice chair, Oregon Chapter, 1978-1980;
secretary, Oregon Chapter, 1980-1984, 1988-1990. Resigned from the club in 1996 to protest policy
shift to advocating zero cut on federal lands. )
. Red Buttes Wilderness Council, 1972-1984 (chairman, 1972-1982)
. Ashland (Oregon) Folk Dancers, I 978-present (teaching coordinator, 1986-1988)
. Ashland (Oregon) Citizen's Planning Advisory Committee, 1984-1987 (chairman, 1986)
. Kalmiopsis (an international folk dance band), 1990-1996
. Rogue Institute for Ecology and Economy, board member, 1996-2001
. Peter Street (an Irish folk band), band leader and arranger, 1996-2000
. Society of Friends (Quakers)
awards and honors
. Citation "In recognition of a notable contribution to the documentation of life in the United States of
America," Colonial Dames of America, 1987 (for The Late, Great Lakes).
. Holly Jones Award, Oregon Chapter Sierra Club, 1988 (for service to wilderness preservation in
Oregon).
. Oregon Book Award for Literary Nonfiction, 1999 (for The Left Hand of Eden).
home! bio I books I photo gallery! music I e-mail
htto:llwilliamashworth. netlhio. htm
O!l'1fl")^f\'i
Page 1 of2
John Morrison - Citizen Library Advisory Ad Hoc Committee
From:
To:
Date:
Subject:
CC:
Chuck Keil <chuckkeil@opendoor.com>
John Morrison <morrisoj@ashland.or.us>
8/13/20074:15 PM
Citizen Library Advisory Ad Hoc Committee
<shipletd@ashland.or.us>
August 13,2007
Dear Mayor Morrison:
I am applying to serve on the Citizen Library Advisory Ad Hoc Committee (CLAC). I
have been active in local issue-based elections and campaigns for several years,
including:
May 2000 - Co-chair, Youth Activities Levy Campaign
Nov 2000 - Phoenix-Talent School Bond
May 2002 - RCC Bond Committee
Nov 2002 - RCC Bond Committee
Jan 2003 - Jackson County Measure 28 Committee
May 2003 - Youth Activities Levy Campaign
Peb 2004 - Jackson County Measure 30 Committee
Nov 2006 - Ashland School Bond
Nov 2007 - Ashland Youth Activities & Academic Levy (Local Option)
I also have knowledge of Oregon's taxation (property and other) from experience with
designing the current Youth Activities Levy (Y AL) and the proposed Youth Activities &
Academic Levy (Y AAL) and from my term on the Ashland School Board and Ashland
School District Citizen's Budget Committee.
Additionally, I served as the first chair of the Y AL oversight committee.
Although the majority of my taxation and financial experience is with school funding, I
believe that my knowledge is transferable to library funding.
As the parent of an Ashland High School student and an avid public library patron, I
have acutely felt the closure of our library, especially this summer. I would like to use
my experience and knowledge to help ensure that our library remains available to our
community.
Thank you for considering my request.
fi'p.llr.\n,.,..............."'_..~ ~_.J 0_.....: _ _ _\ 1.
Page 20[2
Chuck Keil
944-5693 cell
Chuck Keil
359 Kearney
Ashland OR 97520
5414822612
file://C:IDocuments and SeningslshipletdlLocal SettingslTemolGWIOOOol HTM
Oil "II.....,...,.........
Pamela C. Vavra
457 C Sf
Ashland, OR 97520
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Mayor John Morrison
City Hall
20 E Main St
Ashland, OR 97520
9 August 2007
Re: Citizen Library Advisory Committee
Dear Mayor Morrison,
I wish to apply to serve on the Citizen Library Advisory Committee. During recent
months, I have worked closely with people knowledgeable in library matters including
management and governance thereof, while helping to campaign for measures to provide
operating funds for the Jackson County Library System. My academic degrees in
mathematics and psychology provide skills needed to assist with financial matters and
public meeting dynamics. I have considerable experience with issue-based campaigns at
both local and state levels, spanning eight years. Please feel free to contact me if you
have any questions or concerns about my ability to serve.
Thank you for your consideration.
Yours,
/~ /
Jcl1Y/"1 i c{
Pamela c.\ Vavra
pam@nv.net
(541) 324-7531
/ \/~/V
IToir2 Morrfson - Citizens Library AdviSory Committee
. ~=~--=:==:=
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From:
To:
Date:
Subject:
Jennifer Burkholder <jenburkholder@comcastnet>
<morrisoj@ashland.or.us>
Mon, Aug 13, 2007 2:08 PM
Citizens Library Advisory Committee
Dear Mayor Morrison:
I would like to apply to serve on the Citizens Library Advisory
Committee, which I understand is currently being formed by you and
the City Council. I am out of town on vacation, so please excuse
this more informal style of communication.
I have been an Ashland resident for 22 years, moving here in 1985 to
serve as Library Director at Southern Oregon University. I was
Director until 2005 when I retired During all that time the SOU
Library and Jackson County Library Services, including the Ashland
Library, maintained a close working relationship so I have a
reasonable idea of many of the issues that will be facing Ashland as
it seeks to provide interim library services for the next several
years. But I also know the Ashland Library as a user since both my
daughters were loyal library patrons as they grew up and I have
always used public libraries for much of my personal reading.
Now that I am retired, I am seeking ways to contribute some of my
time and skills to the community. For a number of years I was on the
board of the United Way of Jackson County, the Governor named me to
the State Library Board of Trustees, and I'm currently participating
in an AARP/Consumer Credit Counseling Service program to provide
financial services to older folks. But I feel I would have more than
enough time to give to working with the City of Ashland to help set
up the interim library services.
I would be happy to provide any additional information you might need.
Sincerely,
Sue Burkholder
242 N. Wightman St
Ashland, OR 97520
541-552-0740
burkholder@sou.edu
.-~
July 26, 2007
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Mayor John Morrison
City Hall 20 East Main Street
Ashland, OR 97520
By
Dear Mayor Morrison:
1 am writing with interest in serving as an at large member of the Citizen
Library Advisory Committee. 1 am an educator, mother, and a loyal and
concerned library user. My family routinely has used the library for research,
recreation, enrichment, and attending various meetings. 1 have been
passionately involved in the Save our Library campaign and COAL (the
Committee to Open Ashland Library). I worked to assure Rogue River School
District's school board passage of a resolution to support the Jackson County
Library System during the last election (I worked in Rogue River School District
at the time).
As a university research faculty member (see resume), I worked in the
development and training of computerized career information software used
throughout Oregon schools, so I am quite comfortable reviewing and evaluating
information services of others. I also enjoy research immensely and would
enjoy listening to constituents and then participating in the review and
recommendation of future library services.
As a fundraiser at heart (see my volunteer record on resume), 1 would enjoy
doing whatever is needed to identify long-term funding solutions for our
library. Thank you for considering my service.
Respectfully,
'\1I)Ov^~
j
Susan Roudebush
1615 Peachey Rd.
Ashland, OR 97520
Work History
Counselor, Rogue
River Middle School
Proprietor, Susan
Roudebush Consulting
Education Program
Coordinator, Rogue
Community College
Counselor &
lnstructor, Rogue
Community College
Consultant, National
Career Information
System
Lead Trainer, &
Marketing Manager,
University of Oregon
Career Information
System
Classroom Training
CoordinatorlPre-
Employment Program
Director, ECOEC
Manager, Chrisman's
Susan Roudebush
1615 Peachey Drive Ashland, OR 97520
552-1779 [phoneI282-3005 [cell] illS,III1'olldeblls!v,ill1il1dspril1e,col11 [emaill
Provide comprehensive guidance services to 6th_8th graders. Write
successful grants. Develop lunch buddy volunteer program with district
high school students and parent volunteer monitor program.
Provide technical consulting, in-service training and special project
support to Southern Oregon schools. Help schools develop programs to
implement new diploma requirements. Write successfully-funded grants.
Promote career and technical education to industry, higher education, and
students.
Launch, advertise, and administer a new education certificate program.
Collaborate with university and secondary employers reo curriculum
articulation and program needs. Write successfully-funded grants.
Provide career counseling and academic advising services to diverse
populations. Develop and teach career and life planning Courses for web
and face-to-face delivery. Cooperate with instructional departments to
design faculty-led advising program. Train instructors and student
volunteers in advising.
Crafting multimedia career software as a design-team member. Write
sound bites and scripts driving the program. Design and edit software,
text, and audio/video files. Collaborate on casting with multi-media
design firm.
Conduct site training and consultation and manage the marketing for a
software producing organization. Write curriculum books and grants.
Design electronic and paper promotional materials. Design and conduct
advertising and PR campaigns, maintain customer database, negotiate
contracts.
Select, support, and monitor progress of students (disadvantaged, first
generation, and minority students) enrolled in secondary and post-
secondary education. Develop academic and employment plans, assist
students in overcoming financial, academic, cultural, and personal
barriers. Maintain student information system records.
Manage a small custom and "frame it yourself' picture framing business,
serve as retail consultant and customer framing trainer as well.
Community Volunteer & Other E:xperience
2006-2007
2002-
2006
2000 -
2002
1999-
2000
1996- I 999
(part time)
1982-1999
1978-1982
1976-1978
Save Our Library-campaign volunteer, 2007
Seattle Audubon Society-coordinate PR for release of Butterflies of Cascadia, 2002.
Southern Oregon Aquatics Foundation-fundraising auction donation recruiter, 2006
ASPIRE volunteer, Ashland High School, 2004-present
Walker Elementary School Site Council, 2004-2005
Superior Aquatics Board Member, Community Outreach and Parent Volunteer Co-Coordinator, 2003
Bear Creek Greenway, served as volunteer and then coordinator of annual fundraising gala, 2000-2003.
Walker Elementary School, volunteer and fundraiser for annual silent auction, 2004-2006
Oregon Natural Resources Council, annual art fundraiser coordinator, portland Region, 1991-1993; fundraiser
event team, Eugene Region, 1985-1989
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Peter Gibb
435 Thornton Way
Ashland, OR 97520
541-488-4220 By_
pgibb@ashlandhome.net
Mayor John Morrison,
City Hall
20 East Main Street,
Ashland, OR 97520
July 30, 2007
Dear Mayor Morrison,
This letter is my application for a position as a member-at-large on your Citizen
Library Advisory Ad Hoc Committee. I will present my reasons for interest and
my credentials.
Reasons for My Interest:
,/ I have lived in Ashland for five years, and have not yet served on a city
committee. I love this town and want to help.
,/ I am establishing a career as a children's writer and illustrator. I personally
used the library frequently and am well aware of the importance of the
library in the life of the city.
,/ The current condition is an embarrassment to all of Ashland. I am
motivated to find the best path forward that will ensure a financially secure
library.
,/ I worked as a volunteer for the recent library vote and was very
disappointed at the result.
My Credentials / What I can contribute:
,/ I have managed an(international) company and had a career for 22 years as
an organizational consultant. As such, I understand the politics of
organizations, basic finance (though I am not a financial person) how to
make organizations work, what to think about and plan around.
~-
-
- .
./ I have excellent leadership and group process skills. I work well with others,
know how to find common ground among differing points of view, know how to
set agendas and keep meetings on track and working well.
./ I have the ability to see and think big picture, as well as to plan details that can be
the difference between success and failure.
./ I write and communicate well.
I look forward to hearing back from you and hope that I will be able to assist this effort.
Sincerely,
~k
Peter Gibb
,---
571 Henley Way
Ashland, OR 97520
541-488-2882
12 August 2008
m~~;'!I~:lUJ
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Hon. John Morrison, Mayor
City of Ashland, OR
City Hall
20 East Main St.
Ashland, OR 97520
Dear Mr. Mayor:
Please consider this to be my application for service on the Citizen Library Advisory Committee. I have
been a resident of Ashland since June 2003 My resume is attached and, I believe, speaks for itself as to
my qualifications.
Sincerely,
1.....~ ,::.La.L...._
David Churchman
DAVID CHURCHMAN
571 Henley Way Ashland OR 97520 USA
davidachurchman@aol.com
EXPERIENCE
Professor California State Universitv Dominguez Hills (1976-2003)
Teaching and approximately fifteen years chairing Behavioral Science Graduate Programs. Managed
degrees in Applied Behavioral Science, Gerontology, and Family Counseling, and developed degrees in
Travel and Tourism and Conftict Management, initiating televised versions of the latter. I taught courses in
statistics, negotiation tactics, and conflict theory. When I left, my department was producing 10% of all
degrees awarded by the College with 2% of its budget.
I held a second appointment in the Humanities Department, teaching courses in Ancient, Arab, and
Byzantine history and wrote a student manual on developing graduate theses and final projects.
I served on the Academic Senate and the Budget, Humanities, and Program Review committees, and
chaired the Curriculum, Interdisciplinary Studies, Leaves and Honors, and Tenure Committees, and was a
lobbyist for the faculty association.
Co-founder and Treasurer. Wildlife on Wheels [WOWl (1982-2004).
WOW cares for 60 species of exotic animals, works with ffiRRC to rescue birds from oil spills, and
presents live animal education programs to 100,000 students a year. I was responsible for accounting,
budget, cash flow, fund-raising, and tax reporting. I developed our program on Animals in Human Culture.
Selected Additional Exoerience
Volunteer, Oregon Shakespeare Festival, Ashland, OR
Grants management consultant, Maui County Government, ill
Citizen Advisory Panel Member, Bureau of Land Management
Program Manager, National Science Foundation
History Teacher, Cross-country Coach, Newtown Square, PA
History Teacher, American International School, Tangier, MOROCCO
Social Worker, Department of Public Social Services, Bakersfield, CA
Supervisor, Undergraduate Library, The University of Michigan, Ann Arbor, MI (part-time)
Adjutant, Fourth Infantry Regiment, Fort Dix NJ
Authored or co-authored over 50 successful grants and contracts, and co-directed ten fund-raisers.
Authored or co-authored over 100 papers, articles, and books.
HONORS, MEMBERSHIPS AND LISTINGS
Fulbright Senior Scholar [Ukraine] Fall 2005
Fulbright Senior Scholar [Cyprus] (1999-2000)
Outstanding Professor [Associated Students, CSUDH] (1996)
Malone Fellow [to Saudi Arabia and Bahrain] (1993)
Distinguished Research Professor [Oregon State University] (1979)
Dissertation Fellowship [U.S. Department of State] (1970-1971)
PERSONAL
Married (Altantsetseg "Alita" Agavandorj), one son (2008 graduate of Ashland High School)
Ed.D. Jan 72
MA Aug 64
BA Jun 60
Educational Evaluation
Education and Near Eastern History
European and Near Eastern History
University of California, Los Angeles
The University of Michigan
The University of Michigan
Maureen Flanagan Battistella
395 Hemlock Lane
Ashland, OR 97520
541-552-0743
mbattist@uci.net
Mayor John Morrison
City Hall
20 East Main Street
Ashland, OR 97520
Dear Mayor Morrison,
I am writing to express my interest in serving with the Ashland Citizen Library Advisory
Ad Hoc Committee for the period October 2007 through June 2009.
The Ashland Public Library is an essential and integral part of our community, and since
my move to southern Oregon in 2000, has been an important aspect of my personal and
professional life. I am and always have been an active library user, checking out
between 10 and 20 books weekly on a wide variety of subjects and spending untold
hours in research. I and many others in Ashland depend on the library to provide much
more than books - we need access to the library's interlibrary loan services, electronic
databases, catalog, reference services, community meeting rooms and the power for
positive change that the library offers.
I am well informed about the Jackson County Library Services system as a user and
also because of work-related collaborations and grants developed with Anne Billeter. I
am also well-informed about the role and function of the Ashland Public Library and its
relationship with the county system and the Hannon Library at Southern Oregon
University. I've volunteered with both the Save Our Libraries as well as the Open Books
Open Minds campaign and have followed federal, county and city actions closely since
2000. I personally called several hundred Jackson County voters during the Save Our
Libraries campaign and have a good idea of the range of opinion and the level of mis-
information that exists.
My personal experience with the public libraries of New Jersey, Alabama, Nebraska and
South Dakota will benefit the Committee, but my professional experience will also be of
value. My MLS degree is from Rutgers University, and probably half of my career has
been spent developing library networks, systems and services to meet diverse needs
and interests. Some of the libraries I've worked in and with have had unusual funding
and governance models, so I know that there are alternatives and opportunities for the
Ashland Public Library right here in Jackson County.
Information science and working in libraries have given me a powerful and flexible skill
set outside of libraries. I have experience in educational technology and Internet
services (University of South Dakota), membership-based organizations (Southern
Oregon Public Television) and high-powered, national advertising initiatives (Lithia
Motors).
I am personally grateful to librarian Amy Blossom and former Library Friends President
Serena Stanford for their encouragement to found the Ashland Mystery Readers Group
in 2004. The Ashland Mystery Readers Group serves as an umbrella agency for the six
mystery book clubs here in Jackson County. Since 2004, more than 50 best-selling
crime fiction writers have traveled from Anchorage, Los Angeles, Denver and Chicago,
expressly to participate in the author series at the Ashland Public Library. Curious
readers borrowed books to check out the author, Reading Groups select the authors'
works and buy multiple copies at Bookwagon and Bloomsbury, crowds of 20 to 75 fans
filled library meeting rooms, and the economy of Ashland has been greatly enriched with
visitors who come to Ashland for mystery and crime fiction. Meanwhile, our authors go
home highly satisfied with their visit to the valley, and talk about Ashland at mystery
conventions and on Dorothy-L and Sisters in Crime electronic discussion lists. You can
be sure that thousands of mystery writers and crime fiction readers all over the world are
very much aware that we have no public libraries in Jackson County.
There are so many citizens who have a true desire to re-open the Ashland Public Library
and find a balance in the county library system. I have relationships with a number of
communities that make up the city and the county, and so offer both an ear and a voice
to these groups. I am an active member of the American Association of University
Women Ashland and Medford Branches, a community access producer with Rogue
Valley Community Television, a freelance writer for the Mail Tribune's Joy and Homelife
magazines, employed full-time at Lithia Motors and a member of the Southern Oregon
University community through my husband, Ed Battistella.
It won't be easy and the libraries won't be the same as before. Measure 15-79 must
pass, but that vote is only the start. New revenue streams are needed and new ways of
thinking will be necessary.
Re-opening our public libraries is one thing, but keeping them open is my goal in working
with the Citizen Library Advisory Committee.
Thank you for your consideration.
Maureen Flanagan Battistella
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Issuance of a Request for Qualifications for the development
of Affordable Housin at the Parks Cia Creek ro e
October 2, 2007 Primary Staff Contact: Brandon Goldman
Community Development E-Mail: goldmanb@ashland.or.us
none Secondary Contact: David Stalbeim
stalheimd@ashland.or.us
Consent Agenda
Approval:
Estimated Time:
Statement:
The City of Ashland is seeking to identify a qualified affordable housing provider to develop five
residential units for ownership on a portion of property recently acquired by the City as the location of
a neighborhood park. A 14,000 square foot area of the park property has been reserved for the
development of affordable housing. Issuance of a RFQ represents the initial step in identifying
qualified developers.
Background:
The City of Ashland Parks Department purchased a two acre property along Clay Creek in 2006 at the
terminus of Chitwood Lane. Within this two acre property an area of approximately 14,000 square feet
was previously identified as being suitable for the development of up to five town homes. This area
can be most easily be identified as the location of the tennis courts behind the Ashlander Apartments.
The initial purchase of the property anticipated this set-aside of land to be used as affordable housing
and thus $125,057.80 of the original purchase price was contributed from the General fund in lieu of
using dedication open space or Parks System Development Charge funds. The source of these funds
was the proceeds of the Sale of the Strawberry Lane property. Due to this initial deliniation of funds
during the acquisition, this land area is not considered a designated Park Property and thus does not
need to be defined as surplus Park's property according to the Parks Director.
RFQ REVIEW PROCESS
As mentioned previously issuance of an RFQ is the first step in what is envisioned to be a six step
evaluation process.
Phase One: A RFQ review team will evaluate developer submittals. In addition to staff, this
team would include members of the Housing Commission and the Parks Commission. The
initial review will determine conformance to submission requirements and whether respondents
meet minimum qualification criteria established. Review will include the developer's
acceptance of RFQ terms and completeness of submissions. Experience in development of
comparable projects will be considered and as will demonstrated ability of the development
team to deliver a quality project.
Phase Two: The City may request additional information from the most qualified developers
and potentially interview of most qualified applicants.
Page I of2
Lithia Lot Council Communication
,~,
Phase Three: The RFQ review team will then complete a scaled criteria review in order to
provide a recommendation to the Housing Commission and City Council for consideration.
CITY OF
ASHLAND
Phase Four: The Housing Commission will review the developer submittals, and the
recommendations of the review team. Respondents will be invited to present their
qualifications before the Housing Commission. The Housing Commission will provide a
selection recommendation to the City Council.
Phase Five: The City Council will make the final developer selection and an initial agreement
between developer and City will be executed.
Phase Six: The Selected developer will then produce a detailed proposal for development in
terms of the design and projected affordability mixes. In addition, the developer will provide a
detailed project financing plan, to be reviewed by a panel of experts selected by the City to
determine project feasibility. The City will enter into exclusive negotiations leading to a
development agreement, division of the property, and transfer of site control to the selected
developer.
Potential Council Motion:
Direct staff to issue a RFQ to identity a qualified affordable housing developer to undertake the
subdivision of the Clay Creek parks property and complete the development of the affordable housing
units.
Attachments:
Map of vicinity
Map of subject property topography with conceptual area identified for development of affordable bousing
Page 2 of2
Lithia Lot Council Communication
r1~'
.
Approximate lot areas:
Parks/OS = 89000 sq.ft
Residential area = 14000 sq.ft
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Parks/OS = 89000 sq.ft
Residential area = 14000 sq.ft
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CITY or
ASHLAND
Council Communication
Approval of a Public Contract Greater than $75,000
Distribution Rack Expansion Project (Materials Only)
Meeting Date:
Department:
Secondary Dept.:
Approval:
October 2, 2007
Electric
Finance
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Dick Wanderschei
wandersd@ashland.
Scott Johnson
Consent Agenda
Statement:
This action is to request approval from the City Council, as the Local Contract Review Board, to enter
into a public contract with Hamby-Young for the materials required for the Distribution Rack
Expansion Project scheduled for the Mountain Avenue Substation at a cost of $ 134,261.00. Hamby-
Young is the lowest responsible and responsive bidder who responded to the City's solicitation for
these materials.
Staff Recommendation:
Staff recommends that the public contract be awarded to Hamby-Young.
Background:
The Electric Department in conjunction with the engineering firm, CVO Electrical Systems (Corvallis,
Oregon) processed an Invitation to Bid for the materials required for this Distribution Rack Expansion
Project.
This is the first step needed to begin the shifting of2MW's ofload from the Pacific Power owned
Ashland substation on Nevada Street to the BPA owned substation on Mountain Avenue. The City's
contracted engineering firm has reviewed the three (3) bids and recommended that the City award the
project to the lowest bidder Hamby-Young.
Related City Policies:
AMC 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.
AMC 2.50.015 Authority
Unless otherwise expressly authorized by these Rules or by ordinance or order of the Council, all
contracts must be approved by the Council before they can be executed. The Council gives its approval
through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the
contracting Department to execute the contract. The Council may also execute contracts itself.
Page 1 of2
2007 CC Distribution Rack Expansion Proiect 02 Oct 2007.doc
,.,
CITY OF
ASHLAND
Council Options:
The Council, acting as the Local Contract Review Board, can approve the contract reconunendation or
decline to approve the contract reconunendation.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to award the public contract to
Hamby- Young.
Attachments:
Plan-holders List
Detailed Bid Evaluation
Contract
Page 2 of2
2007 CC Distribution Rack Expansion Project 02 Oct 2007.doc
r~'
CITY OF ASlll..AND
MOUNT AIN AVENUE SUBSTATION
DISTRIBUTION RACK EXPANSION PROJECT
STEEL STRUCfURES AND ELECTRICAL EQUIPMENT
PLAN-HOLDERS LIST
Bids due by 1:30pm, Wednesday, September 12, 2007
DIS-TRAN Packaged Substations, LLC GORE ELECTRIC CO, INC.
Attn: Bill Brewer Attn: Ron Mittelstaedt
4725 Hwy 28 East, Pineville, LA 71360 8722 - 123rd Lane NE,
Ph: 318.448.0274, ext-637 Kirkland, W A 98033
Fx: 318.445.7240 Ph: 425.827.3630
bi11.brewer@distran.com Fx: 425.827.3660
ronm@ I!oreelectric.com
$168.690.00
NO RESPONSE
Hamby-Young lID SUPPLY, UTllJTIES
Attn: Greg Blunt Attn: Lonny Sheffield
1245 Danner Drive, Aurora, OH 44202 9151 SE McBrod, Portland, OR 97222
Ph: 330.562.8444 Ph: 503.653.8619
Fx: 330.5624018 Fx: 503.653.2279
I!cblunt@hambvvounl!.com lonnv.sheffield@hdsuoolv.com
$134.261.00 NO RESPONSE
Tatman Associates, Inc. V&S Schwer, Inc.
Attn: Ed Tatman Attn: Greg Shaheen
29015 Solon Road 2240 Allen Ave, S.E.
Solon, OH 44139 Canton, OH 44707
Ph: 440.248.0644 Ph: 330.452.5200
Fx: 440.248.0649 Fx: 330.452.8717
tatrnansubs@sbcl!1obal.net I!shaheen@vsshwer.com
$206.163.00 NO RESPONSE
WESCO DISTRIBUTION, INC. Mailed: 08/15/2007
Attn: Larry Kost Coral Sales Company
2341 NW 31st Attn: Kathy Brown
Portland, OR 97210 PO Box 22385
Ph: 503.221.4441 Portland, OR 97269
Fx: 503.221.4424 Ph: 503.655.6351
lkost@wesco.com
NO RESPONSE NO RESPONSE
Additional respOnse received from: Mailed: 08/17/2007
V & S Clark Substations DJC Plan Center
3309 Hwy 31, Calera, Alabama 35040 Attn: Jennifer Johnson
Ph: 205.663.2411 2840 NW 351h Avenue
Fx: 205.663.9700 Portland, OR 97210
Ph: 503.274.0624
LA TElRECElVED @1:48PM
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PROCUREMENT AGREEMENT
(DIstribudon RIIek Expaasloa Project Structures ud EIeetr1e81 Equipment)
TInS PROCUREMENT AGREEMENT hereinafter referred to as "Agreement" or "Contract" is
between the City of Ashland, Oregon, a municipal corporation, hereinafter referred to as ("City"
or "Owner"), and , a
corporation, hereinafter referred to as ("Seller" or "Contractor"). This Contract is effective on
the date it has been signed by all parties and all required City of Ashland approvals have been
obtained. This Contract expires on: the later of 20-, the date all warranties
have expired or the date Seller has completed delivery of all Goods and Services in accordance
with the requirements of this Contract, as determined by City. The parties may extend the term
of this Contract provided that the total Contract term does not extend beyond
. (Dates to be filled in at the time of signing.)
1. CONTRACI' DOCUMENTS.
This Procurement Agreement includes and incorporates by reference aU Contract
Documents, as defined in General Conditions, paragraph 1.1), including but not timited to
the following specific documents: the Invitation for Proposals, Instructions to Proposers,
Executed Proposal dated' 2007, Proposal Security, Executed Procurement
Agreement, together with all Addenda, modif"_tions and approved Change Orders,
Procurement General Conditions and Specifications, attached hereto or referenced herein,
all said documents being incorporated herein and made a part hereof by this reference.
2. GOODS AND SERVICES.
City agrees to purchase and Seller agrees to sell, furnish and deliver the Goods and
Services as specified and indicated in the Contract Documents, including specifically
proposal form, generally described as distribution rack expansion project steel structures
and electrical equipment, for the benefit of City of Ashland, subject to all terms and
conditions of the Contract Documents. The Following are the required Goods, Services
and Detivery Schedule:
Seller shall deliver to City the following Goods and Services for the prices specified in the
Executed Proposal. .
A. GOODS.
i. Description and Quantity: See Proposal Document
B. SERVICES.
i. Services shall be as stated in the submitted Proposal Document.
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C. DELIVERY. (See also Paragraph II, General Conditions)
i. Seller shall deliver Goods to City and shall perform Services, if any,
at the following address: Mountain Avenue Substation, located east ofN. Mountain
Avenue approximately 200 feet south of the N. Mountain Avenue and Heresy Street
intersection, Ashland, OR 97520.
ii. Seller shall deliver Goods
F.O.B. place of destination.
Seller shall retain the risk of loss of Goods until City accepts Goods in accordance with
section 4.0.
iii. Seller shall deliver Goods
Steel Structures: February 4, 2008 - February IS, 2008
Electrical Equipment: March 17, 2008 - March 28, 2008
iv. Seller shall complete all Services
No later than March 28, 2008.
3. SPECIFICATIONS.
Seller shall deliver all Goods and Services specified in section 2 in accordance with this section
3. Seller's failure to deliver Goods and Services in accordance with the provisions of this
Contract is a material breach of this Contract.
A. GENERAL PROVISIONS.
i. NON-COMPLIANCE. If any Goods or component parts are recalled by a regulatory
body or the manufacturer, or discovered by Seller not to comply with applicable
regulatory standards or the Specifications, Seller shall immediately notifY City of the
recall or non-compliance, and shall provide copies of the recall notice or notice of non-
compliance, as applicable, and all other supporting documentation for the recall or non-
compliance determination. City may elect to (a) reject Goods in whole or in part, or (b)
revoke its acceptance of Goods in whole or in part. If City rejects Goods or revokes its
acceptance of Goods, Seller shall remove the particular Goods from City's possession
as provided in section 4.D.iv at no cost to City and shall reimburse City for all
payments made for those Goods.
ii. STANDARD COMPONENTS. Unless specified otherwise in this section 3,
Specifications, Seller shall provide Goods with all components and accessories that the
manufacturer lists as "standard" for Goods.
iii. NECESSARY COMPONENTS. Unless specified otherwise in this section 3,
Specifications, Seller shall include all components, hardware and parts necessary for
complete and proper assembly, installation and operation of Goods.
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PROCUREMENT AGREEMENT
iv. NEW AND UNUSED GOODS. Unless specified otherwise in this section 3,
Specifications, Seller shall deliver Goods that are new, unused and produced from
current production inventory. Seller shall provide Goods manufactured from only those
components that the manufacturer offers in the manufacturer's current parts catalogue
for Goods.
B. DETAILED SPECIFICA nONS.
All goods shall meet or exceed all SPECIFICA nONS in the Contract Documents
including specifically the specifications for Substation Equipment and Steel Structures
(part 4),
4. TERMS AND CONDmONS.
A. PAYMENT.
i. City's Payment. City shall pay Seller for Goods delivered and Services performed at
the prices and rates specified in the Contract Documents and summarized in section 2.
Seller shall look solely to City for payment of all amounts City owes to Seller. Seller
shall not be compensated by any agency other than City for Goods delivered or
Services performed.
ii. If Seller is a nonresident alien as defined in 26 USC ~ 7701(b)(1)(B), then Seller
shall, upon execution of this Contract, deliver to City a completed and signed W-8
form, 8233 form, or W-9 form, as applicable, from the IRS, as evidence thst City is not
required by 26 USC 1441 to withhold part of Seller's payment. Such forms are
currently available at htto://www.irs.fZov. City may withhold payments to Seller
pending City's receipt from Seller of the applicable, completed and signed form. If City
does not receive the applicable, completed and signed form from Seller, or if the
IRS provides notice to City that Seller's information on the form provided is incorrect,
City will withhold as federal income tax 30% of all amounts City owes to Seller under
this Contract.
iii. Funds Available and Authorized; Payments. Seller understands and agrees that
City's payment of amounts under this Contract is contingent on City receiving funding,
appropriations, limitations, allotments or other expenditure authority at levels sufficient
to allow City, in the exercise of its reasonable administrative discretion, to make
payments under this Contract.
B.INVOICES.
i. Seller shall send invoices to City no more often than monthly after City's acceptance
in accordance with section 4.D of Goods delivered under this Contract. Seller shall send
invoices to City for completed Services no more often than monthly.
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PROCUREMENT AGREEMENT
ii. Seller shall send all invoices to the City mailing address specified in section 7 or to
any other address that City may indicate in writing to Seller. Seller shall include in each
invoice:
a. The Solicitation number if any, the Contract number if any;
b. The quantity of Goods ordered, the quantity of Goods delivered, the date
Goods were delivered, the price per unit, if applicable;
c. A detailed description of Services performed, including the name or names of
the individuals who performed Services and prepared the deliverables to
which the invoice applies, the dates Services were performed, all deliverables
delivered during the period of the invoices, the rate or rates for Services
performed, and the total cost of Services
d. Itemization and explanation of all expenses for which Seller claims
reimbursement authorized under this Contract; and
e. The total amount due, and the payment address.
C. MOST FAVORABLE PRICES AND TERMS.
Seller represents and warrants that all prices, terms and benefits offered by Seller under this
Contract are equal to or better than the equivalent prices, terms and benefits being offered
by Seller to any other City or local governmental entity or commercial customer.
i. If during the term of this Contract Seller enters any contract, agreement or
arrangement that provides lower prices, more favorable terms or greater benefits to any
other City or local governmental entity or commercial customer, Seller shall provide
the same price or prices, terms and benefits to City. The prices, terms and benefits shall
be effective as of the date Seller made the more favorable terms or greater benefits
available to any other City or local governmental entity or commercial customer. This
provision applies to comparable goods and services and to purchase volumes by City
that are not less than the purchase volumes of the City or local governmental entity or
commercial customer that has received the lower prices, greater benefits or more
favorable terms.
ii. Section 4.C.i does not apply to Seller's donations of comparable goods and services
to charitable, nonprofit or governmental entities if the donations are recognized as
donations and are deductible under the Federal Internal Revenue Code. These donations
are not considered contracts, agreements or arrangements with other City or local
governmental entities or commercial customers for purposes of section 4.C.i.
D. ACCEPTANCE, REJECTION AND REVOCATION OF ACCEPTANCE:
i. ACCEPTANCE. City shall test if City, in its sole discretion deems testing necessary,
inspect and either accept or reject Goods delivered within thirty (30) calendar days
from the date Seller delivers Goods to City. If City does not provide written notice of
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PROCUREMENT AGREEMENT
acceptance or rejection of Goods to Seller within one calendar year following the date
of delivery of Goods, City is deemed to have accepted Goods.
ii. REJECTION. If City rejects Goods, then City's written notice of rejection shall, at a
minimum, itemize the apparent defects and include:
a. a description of nonconformance between Goods delivered and the required
Specifications and warranties (including any variance from demonstrations or
sample characteristics of Goods if Seller provided demonstrations or samples);
b. a description of any other nonconformance of Goods (including late delivery);
and
c. a statement indicating whether Seller may cure the nonconformance and if so, the
method by which and time period within which Seller may cure.
iii. REVOCATION OF ACCEPTANCE. Notwithstanding City's acceptance of Goods
under section 4.D.i City may revoke its acceptance of Goods for nonconformance with
the Specifications. If City revokes acceptance of Goods, City shal1 deliver a written
notice of revocation of acceptance to Sel1er that includes the same information required
for a written notice of rejection under section 4.D.ii.
iv. EFFECT OF REJECTION OR REVOCATION OF ACCEPTANCE. If City rejects
Goods or revokes its acceptance of Goods, Sel1er shal1 refund all payments City has
made to Sel1erforthose Goods and shall, at no cost to City, remove Goods from City's
possession within fifteen (15) calendar days fol1owing the later of the date of City's
notice of rejection, the date of City's notice of revocation of acceptance, or the date of
Seller's failure to cure if cure is permitted. Nothing contained in this section 4D
precludes City from pursuing any remedies to which either may be entitled upon
rejection or revocation of acceptance of Goods or otherwise under this Contract.
v. The provisions of this section are in addition to and not in place of General Condition
4.
E. OlHER REPRESENTATIONS AND WARRANTIES.
AI1 express and implied warranties that are applicable to goods under ORS Chapter 72
apply to Goods delivered under this Contract. Sel1er represents and further warrants that:
i. Sel1er has the authority to enter into and perform in accordance with this Contract,
and that this Contract, when executed and delivered, is a valid and binding obligation
of Sel1er that is enforceable in accordance with its terms;
ii. AI1 Goods delivered to City are new, unused, current production models
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PROCUREMENT AGREEMENT
and are free from defects in materials, design and manufacture for in accordance with
General Conditions No. 9 and as otherwise required in the Contract Documents
("Warranty Period''). Seller further represents and warrants that all Goods meet or
exceed all Specifications;
Hi. All Goods delivered shall comply with all applicable federal health and safety
standards.
iv. Seller has the skill and knowledge possessed by well-informed members of its
industry, trade or profession and Seller will apply that skill and knowledge with care
and diligence and perform Services in a timely, professional and workmanlike manner
in accordance with standards applicable to Seller's industry, trade or profession; and
v. Seller is, and shall be at all times during the term of this Contract, qualified,
professionally competent and duly licensed to perform Services.
The warranties specified in this section 4.E are in addition to, and not in lieu of, any other
warranties provided in the Contract Documents and this Contract. All warranties are cumulative
and shall be interpreted broadly to give City the greatest warranty protection available.
F. MANUFACTURER WARRANTIES.
At no charge to City, Seller shall transfer or cause the transfer of all manufacturers'
warranties for Goods and component parts, if any, to the City for City's benefit when Seller
delivers Goods to City. If a contlict or inconsistency exists between a manufacturer's
warranty and Seller's warranty, the warranty that provides the greatest benefit and
protection to City shall prevail.
G. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS.
i. Seller shall comply with all federal, City and local laws, regulations, and ordinances
applicable to this Contract or to Seller's obligations under this Contract, as they may be
adopted or amended from time to time.
ii. City's performance under this Contract is conditioned upon Seller's compliance with
the obligations intended for Sellers under ORS 279B.220, 279B.225 (if applicable to
this Contract), 279B.230 and 279B.235 (if applicable to this Contract), which are
incorporated into this Contract by reference. Seller shall, to the maximum extent
economically feasible in the performance of this Contract, use recycled paper (as dermed
in ORS 279A.OIO(IXee)), recycled PETE products (as dermed in ORS 279A.OIO(IXft)),
and other recycled plastic resin products and recycled products (as "recycled product" is
dermed in ORS 279A.OIO(I)(gg)).
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H. AMENDMENTS.
AIl amendments to this Contract are Unanticipated Amendments unless subsections ii and
iii of this section H are completed for Anticipated Amendments.
I. MATERIAL SAFETY DATA SHEET.
At the time SeIler delivers Goods to City, Seller shaIl provide to City a "Material Safety
Data Sheet" as dermed by (OSHA) for any Goods delivered which may release or
otherwise cause exposure to a hazardous chemical substance under normal conditions of
use. SeIler shaIl properly label, tag or mark those Goods.
J. TIME IS OF THE ESSENCE.
SeIler agrees that time is of the essence in the performance of this Contract.
K. FORCE OF NATURE.
Neither City nor SeIler shall be responsible for any failure to perform or for any delay in
the performance of any obligation under this Contract caused by fire, riot, acts of God,
terrorism, war, or any other cause which is beyond the delaying or breaching entity's
reasonable control. SeIler shall make all reasonable efforts to eliminate the cause of SeIler's
delay or breach and shaIl, upon elimination of the cause, continue performing under this
Contract. City may terminate this Contract upon written notice to SeIler after reasonably
determining that this delay or breach could likely prevent successful performance of this
Contract.
L. INSURANCE.
Seller shall obtain the insurance required under the Contract Documents (GC 10.1.5) prior
to performing under this Contract and shall maintain the required insurance throughout this
duration of this Contract and all Warranty Periods.
M. INDEPENDENT SELLER STATUS; RESPONSmILITY FOR TAXES AND
WITHHOLDING.
i. SeIler shaIl perform all Services as an independent SeIler. Although City may (a)
determine and modifY the delivery schedule for Goods to be delivered and Services to
be performed and (b) evaluate the quality of the completed performance, City cannot
and wiIl not control the means or manner of SeIler's performance. SeIler is responsible
for determining the appropriate means and manner of performing any Services required
under this Contract. SeIler is not an "officer", "employee", or "agent" of City as those
terms are used in ORS 30.265.
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ii. If Seller is currently performing work for City or the federal government, Seller by
signature to this Contract declares and certifies that Seller's performance under this
Contract creates no potential or actual conflict of interest as defmed by ORS 244 and
that no rules or regulations of Seller's employing City (City or federal) would prohibit
Seller's performance under this Contract.
iii. Seller shall payor cause to be paid all federal and City taxes applicable to Seller's
compensation under this Contract, and City will not withhold from Seller's
compensation any amount to cover Seller's federal or City tax obligations unless Seller
is subject to backup withholding. Seller is not eligible for any social security,
unemployment insurance or workers' compensation benefits from Seller's
compensation under this Contract.
N.INDEMNIFICATION.
i. GENERAL INDEMNITY. SELLER SHALL DEFEND, SAVE, HOLD
HARMLESS, AND INDEMNIFY CITY, ITS AGENCIES, OFFICERS, DIRECTORS,
AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, SUITS,
ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF
ANY NATURE WHATSOEVER ("CLAIMS") RESULTING FROM, ARISING OUT
OF, OR RELATING TO THE ACTS OR OMISSIONS OF SELLER OR ITS
OFFICERS, EMPLOYEES, SUBSELLERS, OR AGENTS UNDER THIS
CONTRACT.
ii.INDEMNITY FOR INFRINGEMENT CLAIMS. WITHOUT LIMITING THE
GENERALITY OF SECTION 4.N.i, SELLER SHALL DEFEND, SAVE, HOLD
HARMLESS AND INDEMNIFY CITY, ITS AGENCIES, OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, SUITS,
ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES,
INCLUDING AITORNEYS FEES, ARISING OUT OF OR RELATING TO ANY
CLAIMS THAT THE WORK, THE WORK PRODUCT OR ANY OTHER
T ANGIJ;lLE OR INTANGIBLE ITEM DELIVERED UNDER THIS CONTRACT J;lY
SELLER THAT MAYBE THE SUBJECT OF PROTECTION UNDER ANY CITY
OR FEDERAL INTELLECTUAL PROPERTY LAW OR DOCTRINE, OR THE
CITY'S REASONABLE USE THEREOF, INFRINGES ANY PATENT,
COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK,
UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY
("INFRINGEMENT CLAIM"); PROVIDED, THAT CITY SHALL PROVIDE
SELLER WITH PROMPT WRIITEN NOTICE OF ANY INFRINGEMENT CLAIM.
iii. CITY SHALL REASONABLY COOPERATE IN GOOD FAITH, AT SELLER'S
REASONABLE EXPENSE, IN THE DEFENSE OF CLAIMS AND
INFRINGEMENT CLAIMS, AND SELLER SHALL SELECT COUNSEL
REASONABLY ACCEPTABLE TO THE CITY TO DEFEND SUCH CLAIMS AND
INFRINGEMENT CLAIMS AND SHALL BEAR ALL COSTS OF SUCH
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COUNSEL. CITY MAY ELECT TO ASSUME ITS OWN DEFENSE WIlH AN
ATTORNEY OF ITS OWN CHOICE AND AT ITS OWN EXPENSE AT ANY TIME
CITY DETERMINES IMPORTANT GOVERNMENTAL INTERESTS ARE AT
STAKE. SUBJECT TO mE LIMITATIONS NOTED ABOVE, SELLER MAY
DEFEND SUCH CLAIMS AND INFRINGEMENT CLAIMS WIlH COUNSEL OF
ITS OWN CHOOSING PROVIDED THAT NO SETTLEMENT OR COMPROMISE
OF ANY SUCH CLAIMS AND INFRINGEMENT CLAIMS SHALL OCCUR
WIlHOUT mE CONSENT OF CITY, WInCH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
O. ASSIGNMENT OF ANTITRUST RIGHTS.
i. SELLER IRREVOCABLY ASSIGNS TO CITY ANY CLAIM FOR RELIEF OR
CAUSE OF ACTION WInCH SELLER NOW HAS OR WHICH MAY ACCRUE TO
SELLER IN mE FUTURE BY REASON OF ANY VIOLATION OF IS U.S.C. ~ l-
IS OR ORS 646.725 OR ORS 646.730, IN CONNECTION WITH ANY GOODS OR
SERVICES PROVIDED TO SELLER FOR mE PURPOSE OF CARRYING OUT
SELLER'S OBLIGATIONS UNDER THIS CONTRACT, INCLUDING, AT CITY'S
OPTION, mE RIGHT TO CONTROL ANY SUCH LITIGATION ON SUCH
CLAIM FOR RELIEF OR CAUSE OF ACTION.
ii. SELLER SHALL REQUIRE ANY SUBSELLERS HIRED TO PERFORM ANY
OF SELLER'S DUTIES UNDER THIS CONTRACT TO IRREVOCABLY ASSIGN
TO CITY, AS THIRD PARTY BENEFICIARY, ANY RIGHT, TITLE OR INTEREST
THAT HAS ACCRUED OR WInCH MAY ACCRUE IN mE FUTURE BY
REASON OF ANY VIOLATION OF IS U.S.C. ~ 1-15 OR ORS 646.725 OR ORS
646.730, IN CONNECTION WIlH ANY GOODS OR SERVICES PROVIDED TO
THE SUBSELLER FOR THE PURPOSE OF CARRYING OUT THE SUBSELLER'S
OBLIGATIONS TO SELLER IN PURSUANCE OF THIS CONTRACT,
INCLUDING, AT CITY'S OPTION, THE RIGHT TO CONTROL ANY SUCH
LITIGATION ON SUCH CLAIM FOR RELIEF OR CAUSE OF ACTION.
P. EVENTS OF BREACH.
i. Breach by Seller. Seller breaches this Contract if:
a. Seller institutes or has instituted against it insolvency, receivership or bankruptcy
proceedings, makes an assignment for the benefit of creditors, or ceases doing
business on a regular basis;
b. Seller no longer holds a license or certificate that is required for Seller to perform
its obligations under this Contract and Seller has not obtained the required license
or certificate within fourteen (14) calendar days after delivery of City's notice of
breach or a longer period as City may specify in its notice; or
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c. Seller commits any material breach of any covenant, warranty, obligation or
certification under this Contract, and Seller fails to cure its breach within fourteen
(14) calendar days after delivery of City's notice of breach or within a longer
period as City may specify in its notice.
ii. Breach by City. City breaches this Contract if:
a. City fails to pay Seller any amount pursuant to the terms of this Contract, and
City fails to cute this failure within fourteen (14) business days after delivery of
Seller's notice of breach or within a longer period as Seller may specify in its
notice; or
b. City commits any material breach of its obligations under this Contract, fails to
perform its obligations hereunder within the time specified or any extension thereof,
and fails to cure its failure within fourteen (14) calendar days after delivery of
Seller's notice of breach or a longer period as Seller may specify in its notice.
Q. REMEDIES.
i. City's Remedies. If Seller is in breach under section 4.P.i, then in addition to the
remedies afforded elsewhere in this Contract, City shall be entitled to recover for any
and all damages suffered as the result of Seller's breach of this Contract, including but
not limited to direct, indirect, incidental and consequential damages, as provided in
ORS Chapter 72. City may, at its option, pursue any or all of the remedies available
under this Contract and at law or in equity, including, but not limited to:
a. Termination of this Contract under section 4.S.ii;
b. Withholding all amounts Seller has invoiced for Goods and Services that Seller is
obligated to but has failed to deliver or perform within any scheduled completion
dates or has performed inadequately or defectively;
c. Initiation of an action or proceeding for damages, specific performance,
declaratory or injunctive relief; or
d. Exercise of the right of setoff and withholding amounts otherwise due and owing
to Seller in an amount equal to City's setoff right, without penalty.
These remedies are cumulative to the extent the remedies are not inconsistent, and City
may pursue any remedy or remedies singly, collectively, successively or in any order
whatsoever. If Seller is found to not be in breach under section 4.P.i, the rights and
obligations of the parties shall be the same as if this Contract was terminated pursuant
to section 4.S.ii.a.
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iL Seiler's Remedies. If City terminates this Contract for convenience under section
4.S.iLa, or if City is in breach under section 4.P.ii and whether or not Seller elects to
exercise its right to tenninate this Contract under section 4.S.iii, Seller's sole remedy is a
claim against City for the unpaid price for any Goods delivered and accepted by City less
any claims City has against Seller and is as follows for unpaid Services completed and
accepted by City:
a. For Services compensable on an hourly basis, a claim against City for unpaid
invoices, hours worked but not yet invoiced, and authorized expenses for Services
completed and accepted by City less any claims City has against Seller.
b. For deliverable-based Services, a claim against City for the amount specified for
completing the deliverable multiplied by the percentage of Services completed and
accepted by City, less previous amounts paid and the amount of any claims City has
against Seller.
If previous amounts paid to Seller for Goods and Services exceed the amount due to Seller
under this section 4.Q.ii, Seller shall pay the excess amount to City immediately upon
written demand.
R. A TIORNEYS' FEES.
Except for defense costs 'and expenses pursuant to section 4.N, neither City nor Seller is
entitled to recover attorney's fees, court and investigative costs, or any other fees or
expenses associated with pursuing a remedy for damages arising out of or relating to this
Contract.
S. TERMINATION.
i. MUTUAL CONSENT. The Contract may be terminated at any time by mutual
written consent of the parties.
ii.City:
a. City may, at its sole discretion, terminate the Contract forits convenience upon
30 days written notice to Seller.
b. City may, in its sole discretion, tenninate this Contract, immediately upon notice
to Seller, or at a later date as City may establish in its notice, upon the occurrence of
any of the following events:
I. City fails to receive funding, appropriations, limitations, aJlottnents or other
expenditure authority at levels sufficient to allow City, in the exercise of its
reasonable administrative discretion, to make payments under this Contract;
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2. Federal or City laws, regulations, or guidelines are modified or interpreted in
a way that either the purchase of Goods or Services, or both, by the City under
this Contract is prohibited, or the City is prohibited from paying for Goods or
Services, or both, from the planned funding source; or
3. Seller commits any material breach of this Contract.
Seller shall stop performance under this Contract as directed by City in any written notice
of termination delivered to Seller under this section 4.S.ii.
iii. SELLER. Seller may terminate this Contract immediately upon written notice to
City, or at a later date as Seller may establish in its notice, if City is in breach under
section 4.P.ii.
T. INTELLECTUAL PROPERTY & OPEN SOURCE; TITLE TO GOODS.
i. New Works. All intellectual property rights in the Work Product created by Seller
under this Contract shall be the exclusive property of City. All Work Product authored
by Seller under this Contract shall be deemed "works made for hire" to the extent
permitted by the United States Copyright Act. To the extent City is not the owner of the
intellectual property rights in such Work Product, Seller hereby irrevocably assigns to
City any and all of its rights, title, and interest in such Work Product. Upon City's
reasonable request, Seller shall execute such further documents and instruments
reasonably necessary to fully vest such rights in City. Seller forever waives any and all
rights relating to such Work Product created under this Contract, including without
limitation, any and all rights arising under 17 USC ~ I 06A or any other rights of
identification of authorship or rights of approval, restriction or limitation on use or
subsequent modifications.
ii. Seller Intellectual Property. If intellectual property rights in the Work Product are
Seller Intellectual Property, Seller hereby grants to City an irrevocable, non-exclusive,
perpetual, royalty-free license to use, make, reproduce, prepare derivative works based
upon, distribute copies of, perform and display the Seller Intellectual Property, and to
authorize others to do the same on City's behalf.
iii. Third Party Intellectual Property. To the extent Seller has the authority, Seller shall
sublicense or pass through to City all Third Party Intellectual Property. Seller represents
and warrants that it has provided written disclosure to City of all Third Party
Intellectual Property that must be independently licensed by City to fully enjoy the
benefit of the Work Product. If Seller failed to provide such written disclosure, Seller
shall secure on the City's behalf and in the name of the City, an irrevocable, non-
exclusive, perpetual, royalty-free license to use, make, reproduce, prepare derivative
works based upon, distribute copies of, perform and display the Third Party Intellectual
Property, and to authorize others to do the same on City's behalf.
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iv. Open Source Prohibited. Seller lejll__lIts lIIld "'auallts that the Work Product
contains no Open Source Elements.
v. Title to Goods. Title to Goods passes to City in accordance with ORS 72.4010.
U. ACCESS TO RECORDS.
Seller shall retain, maintain, and keep accessible all records relevant to this Contract
("Records") for six (6) years following Contract tennination or full performance, the period
required by applicable law following Contract tennil)ation or full performance, or until the
conchision of any audit, controversy or litigation arising out of or related to this Contract,
whichever ending date is later. Seller shall maintain all financial Records in accordance
with generally accepted accounting principles. During this Record-retention period, Seller
shall pennit City, its duly authorized representatives, and the federal government access to
the Records at reasonable times and places for purposes of examination and copying.
V. NOTICES.
All notices required under this Contract shall be in writing and addressed to the party's
authorized representative. For City, the authorized representative is the City cOntact person
identified in Section 6. Seller's authorized representative is the contact person identified in
section 5. Mailed notices are deemed received five (5) days after the post mark date when
properly addressed and deposited prepaid into the U.S. postal service. Faxed notices are
deemed received upon electronic confirmation of successful transmission to the designated
fax number. Notices delivered by personal delivery are deemed received when delivered to
the address specified for the receiving party's authorized representative.
W. GOVERNING LAW.
The Contract is govemed by and construed in accordance with the laws of City of Ashland
and the State of Oregon without regard to principles of conflicts of laws. To the extent not
modified by the tenns of this Contract, the Unifonn Commercial Code as codified in ORS
Chapters 71 and 72 govems Goods under this Contract. The applicability of the UN
Convention on Contracts for the International Sale of Goods is hereby expressly waived by
the parties, and it does not apply to this Contract.
X. VENUE; CONSENT TO JURISDICTION.
Any claim, action, suit or proceeding (collectively, "Proceeding") between City and Seller
that arises from or relates to this Contract shall be brought and conducted solely and
exclusively within the Circuit Court of Jackson County; provided, however, if a Proceeding
must be brought in a federal forum, then unless otherwise prohibited by law, it shall be
brought and conducted solely and exclusively within the United States District Court for
the District of Oregon. SELLER HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF THESE COURTS AND WAIVES ANY OBJECTION TO VENUE
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IN TIIESE COURTS AND ANY CLAIM THAT TIIE FORUM IS AN INCONVENIENT
FORUM. Nothing in these provisions shall be construed as a waiver of City's sovereign or
governmental immunity or a waiver of any defenses to Proceedings or jurisdiction based
thereon.
Y. SURVIVAL:
In addition to all provisions which by their nature extend beyond the Contract tennination
or full performance, the following provisions shall remain in effect beyond any Contract
termination or full performance: sections I, 3, 4.A, 4.D, 4.E, 4.F, 4.L, 4.N, 4.0, 4.Q, 4.R,
4.T, 4.U, 4.W, 4.x, 4.Y, and 4.CC.
Z. SEVERABILITY.
If a court of competent jurisdiction declares any provision of this Contract to be illegal or
otherwise invalid, the validity of the remaining terms and provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if this
Contract did not contain the particular provision held to be invalid.
AA. SUBCONTRACTS; ASSIGNMENT; SUCCESSORS.
i. SUBCONTRACTS. Seller shall not enter into any subcontracts for any Services
required under this Contract without City's prior written consent. In addition to any
other provisions City may require, Seller shall include in any permitted subcontract
provisions to ensure that City will receive the benefit of subSeller' s performance as if
the subSeller were Seller with respect to sections 3, 4.E, 4.F, 4.1, 4.1, 4.N, 4.0, 4.T, 4.U,
4.W, 4.x, and 4.AA. City's consent to any subcontract shall not relieve Seller of any of
its duties or obligations under this Contract.
ii. Seller shall not assign, delegate or transfer any of its rights or obligations under this
Contract without City's prior written consent. City's written consent does not relieve
Seller of any obligations under this Contract, and any assignee, transferee, or delegate
is considered Seller's agent.
iii. The provisions of this Contract are binding upon, and inure to the benefit of the
parties and their respective successors and permitted assigns, if any.
BB. MERGER CLAUSE; AMENDMENT; WAIVER.
This Contract, including all Contract Documents, constitutes the entire agreement between
the parties on the subject matter thereof. There are no understandings, agreements or
representations, oral or written, not specified herein regarding this Contract. This Contract
may be amended to the extent permitted by applicable statutes and administrative rules. No
waiver, consent or amendment of terms of this Contract shall bind either party unless in
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writing IIIld signed by City and Seller, IIIld all nec<<fsary approvals have been obtained.
Waivers IIIld consents shall be effective only in the specific instance IIIld for the specific
purpose given. The failure of City to enforce any provision of this Contract shall not
constitute a waiver by City of that or any other provision.
CC. THIRD PARTY BENEFICIARIES.
City and Seller are the only parties to this Contract and are the only parties entitled to
enforce the tenns of this Contract. Nothing in this Contract gives, is intended to give, or
shall be construed to give or provide any benefit or right not held by or made generally
available to the public, whether directly, indirectly or otherwise, to third persons unless the
third persons are individually identified by name herein IIIld expressly described as
intended beneficiaries of the terms of this Contract. City is an intended beneficiary of the
tenns of this Contract.
DD. COUNTERPARTS.
This Contract may be executed in several counterparts, all of which when taken together
shall constitute one agreement binding on all parties, notwithstanding that all parties are not
signatories to the same counterpart. Each copy of this Contract so executed shall constitute
an original.
S. CERTIFICATIONS AND SIGNATURE OF SELLER'S AUTHORIZED
REPRESENTATIVE.
THIS CONTRACT MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE
OF SELLER.
The undersigned certifies under penalty of peljury both individually and on behalf of Seller that:
A. The undersigned is a duly authorized representative of Seller, has been authorized by
Seller to make all representations, attestations, and certifications contained in this Contract
and to execute this Contract on behalf of Seller;
B. The undersigned is authorized to act on behalf of Seller and that Seller is, to the best of
the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of
this certification, "Oregon Tax Laws" means a tax imposed by ORS 401.792 to 401.816
(Tax For Emergency Communications), 118 (Inheritance Tax), 314 (Income Tax), 316
(personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 320
(Amusement Device and Transient Lodging Taxes), 321 (Timber IIIld Forestland Tax), 323
(Cigarettes and Tobacco Products Tax), and the e]derly rental assistance program under
ORS 3]0.630 to 310.706; and any local taxes administered by the Department of Revenue
under ORS 305.620.
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1
C. To the best of the undersigned's knowledge, SelIer has not discriminated against and
wiII not discriminate against minority, women or emerging smalI business enterprises
certified under ORS 200.055 in obtaining any required subcontracts.
D. Seller and SelIer's employees and agents are not included on the list titled "SpecialIy
Designated Nationals and Blocked Persuns" maintained by the Office of Foreign Assets
Control of the United States Department of the Treasury and currently found at
htto:J/www.treas.l!ov/officeslenforcementlofaclsdnltI I sdn.odf;
E. Seller's Federal Employee Identification Number or Social Security Number specified
below is correct;
F. SelIer is bound by and will comply with all requirements, terms and conditions
contained in this Contract, the Contract documents and wilI provide Goods and Services in
accordance with the Specifications; and
G. Seller _ is I _ is not a nonresident alien as defmed in 26 USC ~ 770 I (b )(1 ) (check
one). See section 4.A.ii.
Seller (print Seller's name):
Authorized Signature:
By (print name):
Title:
Date:
FEIN 10# or SSN# (required):
Seller's Contact Person (Type or Print):
Contact Telephone Number: ( )
Contact Fax Number: ( )
Contact E-Mail Address:
Mailing Address:
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6. SIGNATURE OF CITY'S AUTHORIZED REPRESENTATIVE.
City accepts Seller's offer and awards this Contract to Seller for Goods and Service described in
this Contract.
City of Ashland, Oregon acting by and through
Authorized Signature:
By (print name):
Title:
Date:
City's Contact Person (Type or Print):
Contact Telephone Number: ( )
Fax Number: ( )
E-Mail Address:
City Mailing Address:
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GENERAL CONDITIONS
1. DEFINITIONS
1.1. Contract Documents: "Contract" or "Contract Documents" shall include the
PROPOSING REQUIREMENTS, CONfRACT FORMS, CONDITIONS OF THE
CONfRACT, and SPECIFICA nONS, including all modifications and Addenda
thereof incorporated into the Documents before execution of the Contract, and
including subsequent Change Orders issued by OWNER, and all other requirements
incorporated in these Documents by specific reference thereto. These form the
Contract.
1.2. CONTRACT: Shall be synonymous with PROCUREMENT AGREEMENT.
1.3. CONTRACTOR: Shall be synonymous with successful Proposer, Supplier and
Manufacturer. CONTRACTOR shall be the Proposer as defined in these General
Conditions.
1.4. Days: Unless otherwise specifically stated, the tenn "days" shall be understood to
mean calendar days.
1.5. ENGINEER: Shall mean CVO Electrical Systems, LLC, located at 1600 S:W
Westem Blvd., Suite 160, Corvallis, Oregon 97333, or duly authorized agli:llts.
1.6. Execution of Contract: Shall mean the signing of the Contract by the authorized
representatives of both OWNER and CONTRACTOR.
1.7. Manufacturer: Shall be synonymous with CONTRACTOR and Supplier.
Manufacturer shall be the Proposer as defined in these General Conditions.
1.8. Or Equal: The tenn "or equal" shall be understood to indicate that the "equal"
product is the same or better than the products named in function, performance,
reliability, quality, and general configuration. Detennination of equality if! reference
to the project design requirements will be made by ENGINEER.
1.9. OWNER: Shall mean the City of Ashland, Electric Department, 90 North Mountain
Avenue, Ashland, Oregon 97520.
I.IO.Proposer: The person or persons, partnership, firm, or corporation submitting a
Proposal for the work specified in these Contract Documents.
1.II.Supplier: The supplier or manufacturer shall be the Proposer or CONTRACTOR as
defined in these General Conditions.
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1.12.Work: Shall include all material, machinery, transportation, appurtenances, and
specified services necessary to perform and complete the Contract, including items
not specifically indicated or described which are reasonably considered in good
practice as belonging to the equipment specified.
2. CONTRACT DOCUMENTS
2.1. Intent of Contract Documents: The Specifications are intended to supplement, but
not necessarily duplicate each other. Any work exhibited in one and not in the other shall
be executed as if it had been set forth in both so that the work will be performed
according to the complete design.
2.2. Discrepancies and Omissions:
2.2.1. Should anything which is necessary for a clear understanding of the Work be
omitted from the Specifications and Drawings, or should it appear that various
instructions are in conflict, the CONTRACTOR shall secure written instructions
Ii-om ENGINEER before proceeding with the work affected by such omissions or
discrepancies. It is understood and agreed that the work shall be performed
according to the true intent of the Contract Documents.
2.2.2. It is understood and agreed that the written terms and provisions of the
Contract Documents shall supersede all verbal statements of representatives of
OWNER, and verbal statements shall not be effective or be construed as being a
part of this Contract.
3. AUTHORITY OF ENGINEER
3.1. It is agreed that ENGINEER will make decisions, in writing, on all questions
. conceming clarification of the intent of the Specifications in relation to the work.
3.2. It: in the opinion of CONTRACTOR, a decision made by ENGINEER is not in
accordlance with the meaning and intent of the Contract, CONTRACTOR may file a
written objection to the decision with ENGINEER within 30 days after receipt of the
decision. Failure to file an objection within the allotted time will be considered
acceptance of ENGINEER's decision and the decision shall become final and conclusive.
3.3. ENGINEER's decisions and the filing of the written objection thereto shall be a
condition precedent to the right of CONTRACTOR to request arbitration, or to initiate
suit or action, or other proceeding to resolve such disputes.
3.4. It is the intent of this Article that there shall be no delay in the execution of the
work, and the decision of ENGINEER as rendered shall be promptly observed.
CONTRACTOR shall proceed with the work during any subsequent period in which
arbitration or other proceedings are sought. If any claim or controversy is not resolved by
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decision of ENGINEER, CONTRACTOR shall not be entitled therefore to delay or delay
damages.
4. INSPECTION/ACCEPTANCE
4.1. All material and equipment shall be subject to inspection and test by OWNER or it's
designee at CONTRACTOR's plant and at the project site. Notwithstanding any
inspection at CONTRACTOR's plant, final inspection and acceptance of the material and
equipment shall be at OWNER's project site.
4.2. If inspection and tests, whether preliminary or final, are made on CONTRACTOR's
premises, CONTRACTOR shall furnish all reasonable facilities and assistance fiJr safe
and convenient inspection and tests required by ENGINEER. Inspection by OWNER or
failure to inspect by OWNER shall not relieve CONTRACTOR of any responsibility or
liability with respect to such material and equipment and shall not be interpreted in any
way to imply acceptance by OWNER.
4.3. OWNER reserves the right to reject nonconforming material and equipment.
OWNER shall have the option either to require CONTRACTOR to promptly remove and
replace rejected material and equipment at CONTRACTOR's expense; or to can,eel this
order pursuant to Article TERMINA TION/CANCELLA TION and require
CONTRACTOR to promptly remove rejected material and equipment at
CONTRACTOR's expense.
4.4. OWNER reserves the right to revoke acceptance of material and equipment if
OWNER accepted same on the reasonable assumption that the nonconformity would be
cured by CONTRACTOR and has not been reasonably cured, or without discovl~ry of
such nonconformity if acceptance was reasonably induced either by the difficulty of
discovery before acceptance or by CONTRACTOR's assurances.
4.5. OWNER may, at its option, inspect CONTRACTOR's lower tier contractor's work.
5. CHANGES
5.1. OWNER shall have the right (by written supplement hereto, including revised
drawings, specifications, and other transmittals), to make changes in the specifi<:ations of
material and equipment ordered.
5.2. If any change affects the price or delivery date of such material and equipment,
CONTRACTOR shall forthwith so notify OWNER in writing; and shall, within 30 days
of the date such supplement is mailed or otherwise delivered to CONTRACTOR, submit
a written claim for adjustment of price and/or delivery date. If CONTRACTOR fails to
do so, CONTRACTOR waives any claim for such adjustment.
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5.3. CONTRACTOR shall not suspend performance while OWNER and
CONTRACTOR are in the process of making such changes and any related adjustments.
5.4. Payment or credit for any changes shall be determined by lump sum agreement, in
writing, between CONTRACTOR and OWNER before starting extra work.
6. CONTRACTOR
6.1. The relationship ofCONTRAl;TOR to OWNER shall be that of an independent
contractor. Nothing contained in this Contract shall create any contractual relation
betwe:en any subcontractor of CONTRACTOR and OWNER.
7. MATERIALS AND EQUIPMENT
7.1. General: Unless specifically provided otherwise in each case, all materials and
equipment furnished shall conform to applicable Specifications and shall be new, unused,
and undamaged when delivered for use in OWNER's project. No such material or
equipment shall be used by CONTRACTOR for any purpose other than that intended or
specified, unless such use is specifically authorized by OWNER in each case.
7.2. Compliance With Safety Requirements: In selecting and/or accepting equipment for
installlation in the project, OWNER assumes no responsibility for injury or claims
resulting from failure of the equipment to comply with applicable national, state, and
local safety codes or requirements, or the safety requirements of a recognized agency in
effect prior to the time of proposal opening, or failure due to faulty design concepts, or
defective workmanship and materials. Completed work shall include all necessary
perm210ent safety devices required by the State and Federal (OSHA) industrial authorities
and applicable local and national codes. CONTRACTOR warrants that all equipment
supplied hereunder will comply with all such requirements.
7.3. Codes, Laws, and Regulations: All material, equipment, and services provided
hereunder shall comply with all applicable codes, laws, regulations, standards, and
ordinances. CONTRACTOR shall not be liable for factors over which it has no control;
e.g., installation, operation, and maintenance.
8. PATENT PROTECTION
8.1. CONTRACTOR shall, at its sole expense, defend and pay all damages and costs
awarded in any proceeding brought against OWNER, its employees and agents, in which
it is claimed that the manufacture, sale, or use of any material and equipment or parts
thereof furnished hereunder constitutes an infringement of any patent or other proprietary
infomlation right, provided CONTRACTOR is promptly notified of the commencement
of any such proceeding. CONTRACTOR's indemnity, as to use, applies only when
infringement occurs from the normal use for which such material and equipment were
designed. OWNER may, at its option, be represented at any such proceeding.
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8.2. If such manufacture, sale, or use is held in any such proceeding to constitute an
infringement and is enjoined, CONTRACTOR, at its expense, shall either procure for
OWNER the right to manufacture, sell, and use such material and equipment; or replace
same with substantially equal but noninfringing material and equipment; or modify same
to make them substantially equal but noninfringing; or remove same and refund the
purchase price and transportation and installation costs thereof.
9, WARRANTY
9.1. Where not specifically stated otherwise, all material and equipment supplied shall be
warranted by CONTRACTOR to OWNER as follows:
9.1.1. All work, including mechanical and electrical components of material and
equipment, and/or packaged control systems which are furnished as components of the
materials and equipment specified hereinafter, shall be guaranteed against defect, in
materials and workmanship for a period of I year following the final delivery and
acceptance by the OWNER of all materials at the jobsite.
9.1 .2. All material and equipment shall be guaranteed as merchantable and suitable for
the purpose intended and shall provide the results required by the Drawings and
Specifications.
9.1.3. CONTRACTOR shall make all repairs or replacements necessitated by defects in
materials or workmanship that become evident within the warranty period.
9.1.4. CONTRACTOR also agrees to hold OWNER harmless from liability ofany kind
arising from damage due to said defects. CONTRACTOR shall make all repairs ,and
replacements promptly upon receipt of written orders for same from OWNER. Ifwithin
10 days after OWNER has notified CONTRACTOR of a defect, CONTRACTOR has not
started to make the necessary corrections, OWNER is hereby authorized to make: the
corrections or to order the work to be done by a third party, and the cost of the
corrections shall be paid by CONTRACTOR.
9.1 .5. Repetitive malfunction of material and equipment shall be cause for equipment
replacement and an extension of the warranty period to a date I year following
acceptable replacement.
10. RELATED SERVICES
10.1. Whenever CONTRACTOR furnishes personnel for installation supervision,
startup, testing, inspection, related services, or maintenance (the Work), the following
provisions shall apply, in addition to other applicable provisions of this order induding
compensation:
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10.1.1. Representation by CONTRACTOR: CONTRACTOR represents that
CONlfRACTOR, its agents, and employees, are qualified and competent to perform the
Work and that all tools and equipment furnished by CONTRACTOR in its performance
of the Work are, and shall be, kept in good working order.
10.1.2:. CONTRACTOR's Responsibility: CONTRACTOR asserts that the Work shall be
performed in accordance with accepted standards and shall conform to the requirements
of this Contract. Any Work not so performed or not in conformity herewith shall be
correc:ted by CONTRACTOR. If such deficiencies are not immediately corrected,
OWNER may cause the same to be corrected for the account of CONTRACTOR. The
above-described remedy is in addition to any other remedies, in law or equity, available
to OWNER.
10.1.3. Completion and Acceptance: When CONTRACTOR deems the Work completed,
CONlfRACTOR shall give OWNER notice thereof in-writing. Within a reasonable time
after receipt of such notice, OWNER will determine if the Work has been completed to
its satisfaction; if so, OWNER will advise CONTRACTOR, in writing, of its final
accepltance thereof; if not, OWNER will notify CONTRACTOR of its lack or failure of
performance and CONTRACTOR will take remedial action as described in this Article
and will repeat the procedure stated herein until the Work has been satisfactorily
completed and accepted.
10.1.5. Insurance and Indemnification:
10.1.5.1. CONTRACTOR agrees to obtain and keep in force during the term hereof
and for at least I year thereafter, the below-described insurance, with OWNER and
ENGINEER as additional insureds. Liability insurance shall be primary and shall
be carried with insurance companies satisfactory to OWNER. Such insurance shall
provide for the waiver of subrogation as to all insureds. CONTRACTOR will
lumish OWNER with certificates evidencing such insurance coverage prior to
l:ommencing any Work.
][ 0.1.5.2. The insurance coverage which CONTRACTOR shall so obtain and keep
in force is as follows:
10.1.5.2.1. Worker's Compensation as required under laws applicable to the
Work, and Employer's Liability insurance as required by the state or
province where the Work is performed.
10.1.5.2:.2. Comprehensive automobile and vehicle liability insurance
covering claims for injuries to members of the public and/or damages to
property of others arising from use of motor vehicles, including onsite and
offsite operations, and owned, non owned, or hired vehicles, with $2,000,000
combined single limits.
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, CONDITIONS
10.1.52.3. Commercial general liability insurance covering claims for
injuries to members of the public or damage to property of others wising out
of any negligent act or omission of the CONTRACTOR or of any of its
employees, agents, or subcontractors, with $2,000,000 per occurrence and in
the aggregate.
10.1.5.3. CONTRACTOR agrees to indemnify, defend, and hold OWNER and
ENGINEER harmless from any and all claims, liabilities, obligations, govemment
penalties, fines, attorneys' fees and costs, and causes of action of whatsoevl:r nature
including injury to or death of any person or damage to or destruction of any
property resulting, from any and all acts or omissions of CONTRACTOR,
excluding only those caused by the sole negligence of OWNER, or its customer.
I I. DELIVERYIDELA YS
1 I. I. Since material and equipment covered hereby will be incorporated into a
construction project, the delivery date must be met by CONTRACTOR.
I 1.2. CONTRACTOR shall not be responsible for delays resulting from occurre:nces
beyond its control which it could not have reasonably anticipated and provided for. In
such event, CONTRACTOR shall give OWNER written notice within 5 days of such
occurrence. OWNER shall determine an equitable extension of time for delivery.
CONTRACTOR's failure to so notify OWNER of such delay shall constitute a waiver of
CONTRACTOR's right to a time extension. There shall be no price adjustment by virtue
of any such time extension.
12. LIQUIDATED DAMAGES
12. I. Should CONTRACTOR fail to complete the work, or any part thereof, in the time
agreed upon in the Proposal and Contract, or within such extra time as may have: been
allowed for delays by extensions granted as provided in the Contract Documents,
CONTRACTOR shall reimburse OWNER for the additional expense and damage for
each calendar day, Sundays, and legal holidays excluded, that the Contract remains
uncompleted after the Contract completion date. It is agreed that the amount of such
additional expense and damage incurred by reason offailure to complete the Contract is
the per diem rate as stipulated in the Proposal. The said amounts are hereby agre:ed upon
as liquidated damages for the loss to OWNER on account of expense due to the value of
the operation of the Works dependent thereon.
12.2. It is expressly understood and agreed that this amount is not to be considered in the
nature of a penalty, but as damages which have accrued against OWNER. Such
liquidated damages are in addition to any other ascertainable damage allowable by law
which OWNER sustains for CONTRACTOR's breach of this Contract. OWNER shall
have the right to deduct such damages from any amount due, or that may become due
903209.02
00770
7
flJL Y 2007
(EQMT. PURCH.) GENERAL
CONDITIONS
CONTRACTOR, or the amount of such damages shall be due and collectable from
CONTRACTOR or its Surety.
13. TERMINA TION/CANCELLA TION
13.1. OWNER shall have the right to terminate all or any part of this Contract for its
convenience. Upon termination, CONTRACTOR shall be reimbursed for its reasonable
and necessary costs resulting therefrom which are substantiated by evidence satisfactory
to OWNER. CONTRACTOR shall receive no profit on unperformed Work. OWNER
shall be entitled to immediate possession of plans and Work that it pays for.
13.2. Any failure by CONTRACTOR to perform its obligations under this order which is
deemed substantial by OWNER, shall be a grounds for OWNER to cancel this order or
the affected portion hereof. CONTRACTOR shall not be entitled to any compensation
pursmmt to such cancellation, except for the reasonable value of material and equipment
delive:red by CONTRACTOR and accepted by OWNER prior to cancellation, which
amount shall not exceed the Contract Price. OWNER reserves all rights it may have
against CONTRACTOR as a result of CONTRACTOR's failure to so perform.
13.3. OWNER's obligations under Articles WARRANTY and PATENT PROTECTION
shall survive termination or cancellation.
14. SUSPENSION OF WORK
14.1. OWNER reserves the right to suspend and reinstate execution of the whole or any
part of the Work without invalidating the provisions of the Contract. Orders for
suspension or reinstatement of the work will be issued by OWNER to CONTRACTOR in
writing. The time for completion of the Work will be extended for a period equal to the
time lost by reason of the suspension.
15. PAYMENT
15.1. After execution of the Contract and receipt of all required proposal material, the
OWNER will make payments to the CONTRACTOR as listed below:
15.1.1. Within 30 days after receipt at the jobsite of all steel structure equipment,
including related steel structure assembly and installation instructions, and
maintenance and operating instructions as necessary, 40 percent of the contracted
price will be paid.
15. 1.2. Within 30 days after receipt at the jobsite of all remaining electrical
equipment, including spare parts, installation instructions and maintenance and
operating instructions, 50 percent of the contracted price will be paid.
903209.02
00770
8
JULY 2007
(EQMT. PURCH.) GENERAL
CONDITIONS
15.1.3. After receipt of all equipment the remaining 10 percent of the Con~ract
amount shall be retained by OWNER until such time that OWNER has completed
installation and start-up to assure satisfactory assembly of all CONTRACTOR
furnished material, or within 90 calendar days since delivery to the jobsite,
whichever occurs first.
15.2. Acceptance by CONTRACTOR of the final payment shall be a release to OWNER
from all claims and liability hereunder for anything done or furnished in connectiion with
the work, or for any act or neglect of OWNER or of any person relating to or aiIl:cting
the work.
END OF SECTION
903209.02
00770
9
nJL Y 2007
(EQMT. PURCH.) GENERAL
CONDITIONS
CITY OF
ASHLAND
Council Communication
Ad~tion of Finding for Plan!ling Action 2007-00455, 247 Otis Street
Meeting Date: October 2,2007 Primary Staff Contact: Richard Appiccllo
Departmcnt: Legal Dept E-Mail: ill.lJicelr@a.s.bl.md.or.us
Sccondary Dep!.: Community Dc,," Secondary Contact: David Stalheim
Approval: Martha Bcnne Estimated Time: 05 minutes
Statement:
Please find the attached draft findings and orders for Planning Action 2007-00455.
Staff Recommendation:
Review and vote on attached findings and orders
Background:
The final deliberations occurred in your last regularly schcduled Council meeting on September 18,
2007.
The Council voted to approve the project and requested that findings be drafted for Council review and
vote.
Related City Policies:
N/A
Council Options:
N/A
Potential Motions:
I move to approve the draft findings, conclusions of law and orders for Planning Action 2007-00455
Attachments:
Draft Findings ofFaet, Conclusions of Law and Order, Planning Action 2007-00455
P~.wc 1 or I
-cc 247 Otis findlng?2~9_l)~_
.A~"
r..'
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
October 2, 2007
In the Matter of an Appeal of Planning Action 2007-00455,
A Request for a Final Plan Approval under the Perfonnanee
Standards Option Chapter 18.88 for an 18-unit single-t~lmily
residential subdivision for the property located at 247 Otis Street
)
) FINDINGS OF FACT
) CONCLUSIONS OF LAW
) AND ORDER
)
)
Applicant: Sage Development LLC.
I. NATURE OF PROCEEDINGS
This matter comes before the City Council for the City of Ashland for a de 1101'0 appeal hearing. The appeal is
from a July 10,2007 decision ofthe City of Ashland Planning Commission approving a request for tinal plan
approval on the subject property located at 247 Otis Street.
In January 2007 the City Council granted Outline Plan approval for an 18-unit single-family residential
subdivision and an Exception to the Street Standards to allow curbside sidewalks to preserve trees, wetland and
the existing residence at 247 Otis. Findings of Fact, Conclusions of Law and Order approving the application
in PA 2006-00078 were adopted on January 2,2007, attached hereto as Exhibit A and made a part hereof by
this reference. This tinalland use decision was not appealed to the Land Use Board of Appeals.
On March 16, 2007, Sage Development LLC tiled the application for Final Plan approval for an 18-unit
residential subdivision at 247 Otis Street. The Final Plan application was prcliminarily approvcd by city staff on
May 24, 2007 (PA 2007-(0455). Prior to thc administrative approval being finalized, a public hearing was
requested by Art Bullock on June 4, 2007.
Notification of the public hearing beforc the Planning Commission on July 10,2007, was mailed, pursuant to
Chapter 18, Ashland Land Use Ordinance to area propcrty owners and affectcd public agencies. Notice of the
July 10,2007, de novo appeal hearing was also published in the Ashland Daily Tidings. On July 10,2007, the
Planning Commission conducted a public hearing and considered the oral and written testimony presented, the
staff report and the record as a whole. On July 10, 2007, after the close of the public hearing process and the
close of the record, the City's Planning Commission deliberated and approved the application, subject to
conditions pertaining to appropriate development of the Property. On July 10,2007, the Findings, Conclusions,
and Order of City's Planning Commission were duly signed by the Chairperson of City's Planning Commission.
On July 27, 2007, opponent Art Bullock tiled an appeal to the City Council.. The appeal request states that the
ground for the appeal is the failure of the application to meet Street Standards as required in the Criteria in
247 Otis Street Final Plan
PA 1-!2007-00455
P<lgl' 1
AMC 18.88.030.b.5.g. The specific details explaining tbe inconsistencies of the proposed Final Plan application
with the Street Standards were not provided with the appeal request. The development's compliance with the
Street Standards was also an approval criterion for the Outline Plan for this project approved January 2, 2007.
The issue was discussed at length during the course of the Planning Commission and City Council meetings
during outline plan approval as it was an issue raised by the same appellant. The street improvements in the
Final Plan application are the same as in the approved Outline Plan.
Notification of the public hearing before the City Council was mailed on August 21, 2007 pursuant to ALUO to
area property owners and affected public agencies. Notice of the appeal hearing was also published in the
Ashland Daily Tidings on August 8, 2007. On August 21,2007, the City Council conducted a public hearing in
the City Conncil chambers; during the public hearing before the Council, testimony and exhibits were offered
and received in addition to the exhibits and documents renected in the record beforc Council. A request was
made by opponent Bullock to leavc the record opcn for seven days.; accordingly thc record closcd on August 29,
2007. Matcrials were submittcd by the opponent while the record was open. Final written argumcnt was
submitted by the applicant on Scptcmber 5, 2007. Deliberations werc held at a public meeting on September 11,
2007. The Council deliberated and approved the application in file 2007~00455, with conditions. Thc
Council's action denied the appeal and generally upheld the Findings, Conclusions. and Orders of the Planning
Commission. Based upon the evidencc in the record, the Council makes the following findings of fact and
conclusions of law:
II. FINDINGS OF FACT
1) The Nature of Proceedings set forth above arc true and correct and are incorporated herein by this
reference.
2) The subject of Planning Action #2007~00455, a Final Plan approval for an 18~unit single~family
residential subdivision under the Performancc Standards Option, is rcal property located within the City of
Ashland ("City"). and described in the County Tax Assessor's maps as 39~ I E~04BC, Tax Lot 400 (the
"Property"). The strcet address of the Property is 247 Otis Street, Ashland, Oregon, 97520.
3) The zoning of the Property is "R~I~5~P" (single family residential).
4) The applicant in Planning Action # 2007~00455, is Sage Development. LLC ("Applicant).
5) The Council finds that it has received all information necessary to make a decision based on the Staff
Report, public hearing testimony the evidence in the whole record including the exhibits received.
III. FINDINGS APPLYING APPLICABLE CODE CRITERIA
I) The Council finds and determines that thc relevant approval criteria are found in or referenced in ALUO
Chapter 18.88, including specifically the criteria for Final Plan approval under the Performance Standards Options
are described in Chapter 18.88.030 (5) as follows:
247 Otis Street: Final Plan
PA #2007-00455
1\lgC 2
5. Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of
substantial conformance with the outline plan. Nothing in this provision shall limit reduction in
the number of dwelling units or increased open space provided that, if this is done for one phase,
the number of dwelling units shall not be transferred to another phase, nor the open space
reduced below that permitted in the outline plan. This substantial conformance provision is
intended solely to facilitate the minor modifications from one planning step to another.
Substantial conformance shall exist when comparison of the outline plan with the final plan shows
that:
a. The number of dwelling units vary no more than ten (1001..) percent of those shown on the
approved outline plan, but in no case shall the number of units exceed those permitted in
the outline plan.
b. The yard depths and distances between main buildings vary no more than ten (1001..)
percent of those shown on the approved outline plan, but in no case shall these distances
be reduced below the minimum established within this Title.
c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan.
d. The building size does not exceed the building size shown on the outline plan by more than
ten (10%) percent.
e. The building elevations and exterior materials are in conformance with the purpose and
intent of this Title and the approved outline plan.
f. That the additional standards which resulted in the awarding of bonus points in the outline
plan approval have been included in the final plan with substantial dl,tail to ensure that
the performance level committed to in the outline plan will be achieved.
g. The development complies with the Strcet Standards. (Ord 2836, S3 19991)
The sole criterion for Final Plan Approval is '"substantial conformance" with the outline plan. The Code
mandates a finding of substantial conformance "i.e. conformance shall exist" when the comparison of the
outline plan with the linal plan shows the conditions speci fied in subparagraph a - g above.
Based on the entire record, and the detailed findings set forth herein, as well as the findings of the Planning
Commission and those submitted by the applicant, the City Council finds and determines that the proposal to
develop an 18-unit single-family residential subdivision meets all applicahle criteria for a Final Plan approval
described in the Perfonllance Standards Options Chapter 18.88; The Council fllrther finds and deteTIllines that the
final plan is in substantial conformance with the outline plan and that the conditions indicative of substantial
confonmlllcc set forth in AMC 18.88.030 (5)(a)-(g) exist.
a. The number of dwelling units vary no more than ten (10%) pereent of those shown on the
approved outline plan, but in no case shall the number of units exceed those permitted in
the outline plan.
The City Council finds and deteTIllines that the Final Plan proposal is essentially the same as the
approved Outline Plan. The number of dwelling units has not changed. This condition evidencing
substantial conformance is mct.
247 Otis Stred: Final Plan
P^ tt2()07-00455
P~lgC J
b. The yard depths and distances between main buildings vary no mOre than ten (100;',)
percent of those shown on the approved outline plan, but in no case shall these distances
be reduced below the minimum established within this Title.
The City Council finds and deternlines that the Final Plan proposal is essentially the same as the
approved Outline Plan. The yard depths, distances between the main buildings and building envelopes
are as shown on the approved outline plan. This condition evidencing substantial conformance is met.
c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan.
The City Council finds that the open space locations are consistent with the approved Outline Plan and
have increased in size. This condition evidencing substantial conformance is met.
The Final Plan project includes four open space areas. As approved in the Outline Plan, there is one
large wetland open space on the western side of the site and one tree park open space in the northeast
corner of the site. Two additional open space areas have been included in the Final Plan application in
accordance with the Outline approval. One of the new open spaces includes the well that supplies the
private swimming pool and includes a portion of one of the smaller, ditch-like wetlands. The area will
be landscaped and include a water feature that is supplied by water from the well and associated spring
(see L-1 Planting Plan and L-Detail Detail Planting Plan.) The second new open space is to the west of
the private swimming pool and includes a wetland.
The wetland open space is identical in size and configuration to the approved Outline Plan application.
The tree park open space will be identical in size and configuration to the approved Outline Plan
application with the addition of condition set forth below. In the Final Plan application, the size of the
tree park open space is reduced by using the eastern portion of the open space area for a flag pole access
for Lot 14. This access would be a legal access point, but functional access would be provided by a
driveway casement from Drager St. The Lot 14 flag pole would be covered with a landscape easement
and not used for vehicle access. Staff recommended a better solution is to consolidate the functional and
legal access in the same location by delineating the flag pole for Lot 14 in the driveway access from
Drager St. This would allow the eastern portion of the tree park open space to physically remain in that
open space lot. As a result, condition 3 is added which requires that Lot 14 include a flag pole in the
proposed driveway location to Drager St. and that the proposed flag pole for Lot 14 to Randy St. be
eliminated. As a result, the tree park open space will be the same size and configuration as in the
approved Outline Plan application.
The wetland delineation was approved by the Oregon Department of State Lands (DSL). The approval
letter is dated January 12,2007 and is included in the record. After the DSL approval of the wetland
dclineation, OSL approved the wetland mitigation plan with a removal-fill permit was issued on
February 23,2007. Consistent with the Outline Plan application, the delineation included four wetlands
including one large wetland on the western portion of the parcel, a wetland to the west of the swimming
pool building and two smaller ditch-like wetlands in the center of the property. DSL determined the two
ditch-like wetlands are "non-jurisdictional" and thereJ(,re the wetlands are not required to be preserved
under state law. However, the Final Plan application is consistent with the Outline Plan approval in that
247 Otis Street: Final Plan
PA #2007-()()455
Page 4
it retains a portion of one of the ditch-like wetlands in the open space to the cast of Lot 15. The wetland
to the west of the swimming pool was expanded to include a long narrow area to the north of the pool.
The long narrow area of the wetland is due to seepage from the swimming pool. A condition has been
added requiring the protection in perpetuity of the long narrow portion of the wetland.
The application includes a water easement for the well and associated spring to address a condition of
approval of the Outline Plan. The casement addresses the condition requirements including protection
of the well and associated spring in perpetuity, the maintenance and enhancement of the well, Lot 18 and
the homeowners association as beneficiaries of the casement and the prohibition of capping, degrading
or destroying the well. The Ashland Legal Department has reviewed the easement, and a condition of
approval has been added requiring the final document to be reviewed and approved as to form by the
Legal Department prior to recording the instrument. A condition of the Outline Plan approval required
that the Final Plan application to address whether a permit is needed to use the spring accessed by the
well. The application addressed the issue with a memo which states that well using less than 15,000
gallons a day for uses such as a pool are exempt, and the subject well has a continuous /low of
approximately 500 gallons a day. The Council finds and detem1ines that this condition of outline plan
approval is met.
The approved Outline Plan identified 24 trees sized six inches diameter at breast height (dbh) on the
subject property and in the adjacent street rights-of-way. The approved Outline Plan identifies twenty of
the trees for preservation and seven trees for removal. The Final Plan identifies six of the trees for
removal. Tree 14 on the Tree Inventory was originally identified for removal because it was located on a
new lot with in a building envelope. However, the number of lots was reduced in the approved Outline
Plan which resulted in the location of Tree 14 on Lot 18. Since no construction is proposed on Lot 18,
Tree 14 will be preserved. Additionally, the project CC&R's requires protection of all trees identified
for preservation in the approved Tree Inventory.
The City Council finds and determines that the Final Plan open spaces vary no more: tban 10% from the:
outline: plan approval, and in fact have: be:e:n increased. This condition evidencing substantial
conformance is met.
d. The building size does not exceed the building size sbown on the outline plan by more than
ten (10%) percen t.
The City Council Ilnds and determines that the Final Plan proposal is essentially the same as the
approved Outline Plan. This subdivision does not include buildings, however building envelopes are as
shown on the approved outline plan and do not vary by more than 10%. This condition evidencing
substantial conformance is met.
e. The building elevations and exterior materials are in conformance with the purpose and
intent of this Title and the approved outline plan.
The City Council flnds
approved Outline Plan.
and determines that the Final Plan proposal is essentially the same as the
The building elevations and exterior materials included in the Final Plan
247 Otis Stn:ct: Final Plan
PA t!2007-()()455
P~lgC 5
application are identical to those included 111 the approved Outline Plan application. This condition
evidencing substantial conformance is met.
f. That the additional standards which resulted in the awarding of bonus points in the outline
plan approval have been included in the final plan with substantial detaill to ensure that the
performance level committed to in the outline plan will be achieved.
The City Council finds and determines that the Final Plan proposal is essentially the same as the
approved Outline Plan. The Final Plan application confirnls that the project will use the Conservation
Housing density bonus and therefore meet the program requirements. This condition evidencing
substantial conformance is met.
g. The development complies with the Street Standards. (Ord 2836, S3 1999)
The City Council finds and determines that the Final Plan proposal is essentially the same as the
approved Outline Plan. Street improvements and compliance with street standards are as shown on the
approved outline plan. This condition evidencing substantial conformance is met.
The proposed streets are consistent with the approved Outline Plan and the Street Standard requirements.
The proposal is to provide access to the suhdivision by constructing a new public street and alley. The
street will run through the property and connect to Otis St. to the south and Randy St. to the north. The
street will be built at the Neighborhood Street standard. On Otis St., the frontage of the property on Otis
St. will be improved with a parkrow and sidewalk. On Randy St., the frontage of the property will be
improved with a sidewalk. An Exception to the Street Standards was granted with the Outline Plan
approval to eliminate the parkrow and install a curbside sidewalk due to the wetlands, trees and existing
structures in and near the right-of-way. Additionally, the sidewalk on Randy St. will be installed off the
site from the properties eastern boundary to the intersection with N. Laurel St. This connection will
provide pedestrian access to Helman School and the Dog Park further to the north. Randy St. currently
has sidewalks in place on the south side of the street from the east side of the intersection of Laurel St. to
the Helman St. Helman St. has continuous sidewalks on the east side of the street that provides access to
the Dog Park.
The development's complianee with the Street Standards is also an approval criterion for the Outline
Plan. The issue was discussed at length during the course of the Planning Commission and City Council
meetings as it was an issue raised by the same appellant. The street improvements and compliance with
street standards in the Final Plan application arc the same as in the approved Outline Plan P A 2006-
00078. The Council Findings of Fact, Conclusions of Law and Order on the Outline plan, addressing
specifically compliance with street standards arc attached hereto and made a part hereofby this
reference. The Council's final land use decision on the Outline Plan was not appealed to LUBA. As
such, appellant's attempt to reargue the same points here (i.e. all streets must be improved) is an
impermissible collateral attack on a prior unappealed land use decision. The applicant has agreed to
sign in favor ofa local improvement district for Laurel St. as required in condition 36 of the Outline Plan
approval, and has suhmitted a determination of traffic impact of the devclopment as required in
condition 37 of the Outline Plan approval.
247 Otis Street: Fl11ul Plan
PA tt20117-011455
Page ()
IV. OTHER ALLEGATIONS BY APPELLANTS
Opponent in his oral and written materials reargues several points raised previously during the outline
plan approval and also raises several arguments not related to approval criterion for the final plan
approval. The Council finds and determines to the extent opponent reargues the same or similar points
and interpretations finally decided in the unappealed outline plan approval, such efforts are
impermissible eollatcral attacks on prior unappealed decisions and are rejected. Thc City Council's
outline plan findings, are specifically incorporatcd herein to address such similar argumcnts and
allegations. For example, opponent again argues improper delegation and conuption by City staff,
concerning subsequent technical legal review of documents for recording or engineering review of plans
for compliance with code. Such arguments arc, as before, expressly rejected as inconsistent with the law
as referenced. To the extent opponent also attempts to create new approval criterion, such as submittal
materials, Council expressly rejects such matters as approval criteria. Further, opponent, a lay person,
does not prcsent any credible professional evidence to controvert the evidence in the record in support of
the application and concerning technical planning or engineering solutions to problems presented hy the
site. The Council finds and determines that the opponent's allegations and arguments are adequately
addressed hy contrary evidence, findings and arguments contained in the record of this proceeding.
Finally, the opponent also argues procedural error because the City Council did not specifically
incorporate into the record hundreds of documents and video records ofthe proceedings associated with
the outline plan approval. The Council finds and detennines that this is not error and even if it was
opponent is not prejudiced. The Council's tinalunappealed land use decision is contained in the rccord
and represents full disclosure of the substance of the prior proceedings for purposcs of this application.
Final Plan is not an opportunity for thc opponent to reargue every point and piece of evidcncc presented
and finally dccided in the prior outline plan approval.
V. ORDER
In sum, the City Council concludes that the proposal for Final Plan approval represented in Planning
Action #2007-00455, to develop an IS-unit single-family residential suhdivision is in compliance with
all applieahle approval criterion and supported hy evidence contained within the whole record.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence
in the whole record, the City Council hereby APPROVES Planning Action #2007-00455, subject to
strict compliance with the conditions of approval, set forth herein. Further, ifany one or more of the
conditions below arc found to be invalid, for any reason whatsoever, then Planning Action is denied. The
following are the conditions and they arc attached to the approval:
1. That all proposals of the applicant shall he conditions of approval unless otherwi~;e modified below.
2. That all conditions of the Outline Plan approval (PA2006-0007S) shall remain in effect.
247 Otis Str~d: Final Plan
P A tt2()()7 -00455
P:i~C 7
3. That Lot 14 shall be reeonfigured on the final survey plat to include a flag pole connection to Drager
St. in the location of the driveway access. The proposed flag pole for Lot 14 connecting to Randy St.
shall be eliminated and the area shall be incorporated into the tree park open space (Common
Property B on the Preliminary Plat). The shared drive portion of the driveway serving Lots 13 and
14 is by definition a flag drive and shall be 20 feet in width clear space and the driveway paved to 15
feet in width until the point where the driveway branches into two separate driveways in accordance
with 18.08.195 and 18.76.060.B. The individual driveways to Lots 13 and 14 shaH be 15 feet in
clear width and 12 feet in paved with in accordance with 18.08.195 and 18.76.060.B.
4. That the long narrow portion of the wetland north of the enclosed swimming pool shall be preserved
and protected in perpetuity by a conservation easement, by common area or some similar instrument.
The final instrument shall be submitted for review and approval of the Ashland Planning and Legal
departments prior to signature of the final survey plat.
5. That all casements for sewer, water, electric and streets shall be indicated on the limal survey plat as
required by the City of Ashland. A public pedestrian and bicycle easement shall be indicated on the
final survey plat for the multi-use path adjacent to the wetland open space and for the multi-use path
linking Drager St. to Randy St. The alley shall be a public alley.
6. That the water easement for the well and the associated spring located in Common Space E as
identified in the Preliminary Plat shall bc submitted for review and approval of the Ashland Legal
Departmcnt prior to signature of the final survey plat.
7. That linal copy of the CC&R's for the homeowners association shall be provided with the final
survcy plat. CC&R's shall be revised to describe responsibility of the homeowners association for
the maintenance of all parkrows and street trees in the public rights-of-way. The wctland
maintenance schedule shall be revised to include the wetlands in common areas D and E. Thc
CC&R's shall bc submitted for review and approval of the Ashland Legal Departmcnt prior to
signature of the final survey plat.
8. Applicant shall execute a document as consistent with ALUO 18.68.150 agreeing to participate in
their fair share costs associated with a future Local Improvement District for improvements to Laurel
St. and to not remonstrate against such District prior to signature of the final survey plat. Nothing in
this condition is intended to prohibit an owner/developer, their succcssors or assigns from exercising
their rights to freedom of speech and expression by orally objecting or participating in the LID
hearing or to take advantage of any protection affordcd any party by City ordinances and resolutions.
9. That the utility plan for the project shall be submitted for review and approval of1.he Ashland
Engineering Division prior to signature of the linal survey plat. The utility plan shall include the
location of connections to all public facilities in and adjacent to the development, including thc
locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and
clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and stoml drain lines
that are being rclocated to the new street shall be the same size or larger than the current lines
247 Otis Street: Filla! Pbn
PA tr2007-00455
Page 8
running through the site as required by the Ashland Engineering Division. Any required private or
public utility easements shall be dclincated on the utility plan.
10. That the existing sewer and storm drain easements running through the site shall be vacated after the
signature of the final survey plat and prior to the issuance of any building permits.
It. That the requirements of the Ashland Fire Department including fire apparatus access, hydrant
spacing and hydrant flow requirements shall be included in the utility plan prior to the signature of
the final survey plat.
12. That the stonn drainage plan including but not limited to the design of all required on-site storm
water detention systems shall be submittcd for review and approval of the Ashland Planning and
Engineering Divisions prior to signature of the final survey pIal. The permanent maintenance of on-
site storm water detention systems must be addressed through the obligations of the homeowners'
association and approved by the Public Works Department and Building Division. Any changes to
the street and sidewalk configuration, lot configurations and open space areas resulting from the
required storm water detention systems shall be processed as a modification of this approval.
13. That the Electric Distribution System Plan shall be reviewed and approved by the Ashland Electric
Department prior to signature of the final survey plat. The plan shall include load calculations and
the location of all primary and secondary services including transformers, cabinets, street lights and
all other necessary equipment.
14. The preliminary engineering for proposed street improvements shall be submitted for review and
approval of the Ashland Engineering Division prior to signature of the final survcy plat. Street
improvements shall be consistent with the approved Outline Plan. The offsite sidewalk
improvements on Randy St. connecting the site to Laurel St. shall include a wheelchair ramp at the
comer. The east and west ends of the sidewalk improvements on Otis St. shall match or be close to
the ground level for pedestrian safety and so that the sidewalk can be extended to Elizabeth Ave. and
Laurel St. in the future. Accordingly, if necessary, the Otis St. sidewalk shall transition to a curb side
sidewalk to provide for future sidewalk extensions in both directions on Otis St. Wheclehair ramps
shall be provided on both ends of the off:street multi-use paths adjacent to the western wetland open
space and through the tree park open space.
15. That the mulit-use path connecting Drager St. to Randy St shall be eight feet in width and paved with
concrete, asphalt or a comparable all-weather surfacing. Fencing shall be a minimum of three from
the improved edges of the path to provide clear distance on both sides of the path for safe operation.
The clear distance areas shall be graded to the same slope as the improved path to allow recovery
room for pedestrians and bicyclists. The elcar distance areas shall be limited to landscape materials,
and vegetation in excess of 12 inches in height shall not be placed in the clear distance areas.
16. Subdivision infrastructure improvements, including but not limited to utilities, public streets, street
trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for
the full cost of construction prior to signature of the final survey plat. If a bond is posted for
247 Otis Street: flOJl Plan
PA tt2007-00455
Page l)
common area and open space improvements, the common area and open space improvements
including hut not limited to landscaping, irrigation and pathway improvements shall he installed in
accordancc with the approved plan prior to the issuance of the ninth building permit (halfway
through the building permits for singlc-family homes). The project landscape architect shall inspect
the common area and open space improvements for confomlance with thc approved plan, and shall
submit a final report on the inspection and itcms addressed to the Ashland Planning Division. The
applicant shall schedule a final inspection including the project landscape architect with the Ashland
Planning Division of the common areas and opcn spaces prior to issuance ofthe ninth huilding
permit.
17. That a Verification Pemlit in accordance with 18.61.042.B shall be applied for and approved by the
Ashland Planning Division prior to site work, storage of materials and/or the issuance of an
excavation or building permit. The Verification Permit is for the removal of approved trees and the
installation of the tree protection fencing. The tree protection for the trees to be plreserved shall be
installed according to the approved Tree Protection Plan prior to site work or storage of materials.
Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in
accordance with 18.61.200.8.
18. The sethack requirements of 18.88'<J70 shall be mct and identified on the huilding permit submittals
including hut not limited to the required width hetween buildings as described in 18.88.070.0.
19. That vision clearance areas at the intersections of streets and alleys throughout the projcct in
accordance with 18.92,<)70.0 shall he delineated on the building pcnnit submittals for lots located at
intersections (i.e. Lots 5, 6, 10, 11, 16 and 17). Structures, signs and vegetation in excess of two and
one-half feet in height shall not be placed in the vision clcarance areas.
20. That all new structures shall meet Solar Sethack A in accordance with Chapter 18.70 of the Ashland
Land Use Ordinance. Solar scthack calculations shall be submitted with each building permit and
include the required setback with the formula calculations and an clevation or cross-section clearly
identifying the height of the solar producing point from natural grade.
21. Individual lot coverage calculations including all impervious surfaces shall be submitted with the
building pcnnits and shall be in accordance with the approved maximum lot coverage calculations
(sheet P-2, Lot Coverage). Pervious driveway and parking areas shall he counted as impcrvious
surfaces for the purpose of lot coverage calculations.
22. That all homes shall qualify in the Ashland Earth Advantage program in accordance with
18.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding
eligible site activities prior to issuance of an excavation permit. The required Earth Advantage
documentation shall he submitted with each huilding pennit application.
23. Fence heights within side and rear yard areas adjoining a puhlic right-of-way or open space shall not
exceed four feet in height.
247 OtIS Street: Final Plan
PA it2007-()()455
Pa!-':c 1 ()
Ashland City Council Approval
Mayor John W. Morrison
Signature authorized and approved by the full Council this __~ day ofOetober, 2007
Approved as to form:
Date:
Interim City Attorney
247 Otis Street: Final Plan
Pag.c II
P/\ tt20l17-00455
CIT1( OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Agreement No. 23720 - Congestion Mitigation and Air Quality
(CMAQ) Program - Beach Street: Glenwood to End - between the City of
Ashland and the Oregon Department of Transportation
October 2, 2007 Primary Staff Contact: Paula Brown; 552-2411 ~
Public Works / Engineering E-Mail: brownp@ashland.or.us/."."
Finance / Legal Secondary Contact: Jim Olson, 552-2412
Martha Berm Estimated Time: consent
Statement:
The attached agreement provides Oregon Department of Transportation' s (ODOT) commitment for
federal grant funds, in an amount up to $400,000 to design and improve, including curb, gutter,
sidewalk and pavement, Beach Street from Glenwood to the end (see attached maps). The City
requested the initial grant in 2004 through ODOT as a part of the federal Congestion Mitigation and Air
Quality (CMAQ) funding program. The project was approved by the Oregon Transportation
Commission last fall (2006) and staff has been working on the final agreements and project definition
to meet the federal requirements since that time.
Staff Recommendation:
It is recommended that Council
o Approve Agreement No. 23720 - Congestion Mitigation and Air Quality (CMAQ) Program-
Beach Street: Glenwood to End - between the City of Ashland and the Oregon Department of
Transportation;
o Accept the acknowledgement of the use and requirements for use of Federal funds; and
o Authorize the Public Works Director to sign the project prospectus and execute future design
and construction agreements.
Background:
The City has a goal to pave unpaved streets to help with dust control, reduce air quality impacts, and
reduce water quality impacts by eliminating direct sediment flows into storm drains and waterways.
Several City streets are on the City's list of higher-use unpaved streets. When the announcement for
grant opportunities came out through the CMAQ program, staff looked at the top three street paving
candidates: Beach Street; Plaza A venue; and Liberty Street. Beach and Plaza have been submitted for
current and future CMAQ funding. Liberty Street may be able to be considered in the future, but there
are some federal considerations that may not be able to be met. Two other unpaved City streets were
dropped from the federal grant application; Granite Street due to the available street width that might
not meet federal standards and Pinecrest Terrace as it has very low traffic volumes and provided the
least overall benefit.
Initial funding estimates have been completed by ODOT. Their project total remains at $445,800 with
the City obligated for the difference between the grant of $400,000 and the total. In any event, the City
is required to provide 10.28% match for federal CMAQ projects.
Page 1 of3
CC Apv ODOT CMAQ Bcach Street 23720 20ct07
r~'
CITY OF
ASHLAND
In the past, the City has completed CMAQ projects, but has been forced to limit project scope due to
the exceedingly high costs of doing a federal project to meet all of the federal requirements. Federal
requirements are more strict that City requirements for design and grade of the street. In addition
federal requirements for right-of-way use or purchase are exceedingly higher than those that the City
would require. Federal requirements also require that the City perform historical, cultural,
archeological, and a full analysis of wetlands and water quality mitigation efforts. Und(:r CMAQ
guidelines nearly all unit prices are higher and additional items such as pollution controll manholes,
additional retaining walls and right of way or easement acquisitions are included. The City's standards
may require a similar review and would definitely protect the same interests, but do not require full
reporting. Because of the reporting requirements and to meet federal standards, ODOT does not
typically allow City's to negotiate and manage the design and sub-consultant efforts. As such, instead
of a 15% engineering design cost, these projects very often end up with a 25-30% or more engineering
cost (in some cases, the estimates were as much as 55% for engineering) and a very significant charge
for right-of-way (purchase or construction easement) costs.
Staff has compiled preliminary cost estimates with the federal cost escalator for CMAQ projects.
These costs were derived from the current estimates for the 'C' Street / Eureka project.
STREET
Estimated Cost by
LID Development
$209,800
$220,000
$387,000
$261,000
Estimated Cost by
CMAQ Development
$557,500 *
$850,000
$975,000
$546,000
Difference
total cost (percentage)
$347,700 (266%)
$630,000 (386%)
$588,000 (252%)
$285,000 (209%)
Beach Street
Liberty Street
Schofield / Monte Vista
Plaza Avenue
* note: the City's estimated total CMAQ funded costs are higher than ODOT's original scoping of
$445,800. This causes staff to question the ultimate costs. FHW A and ODOT will1 not
automatically increase the grant amounts even if the costs escalate beyond the control of the local
agency (City). Staffwill continue to work with ODOT on project scoping, keeping the design
costs in check and coordinate compliance with City and federal code requirements.
Funding: Staff is concerned that competing for and using federal funds has become a burden and is
working with ODOT to find ways to comply with federal requirements without the extensive financial
burden. If the costs exceed the current ODOT scoping without offsetting additional grant funding,
staff will return to Council for adjustments in scope or a project shift to Plaza Avenue (planned as the
City's next CMAQ project).
Alternate Funding: Although the primary source of funding for this project would be CMAQ grant
funds, it is staffs recommendation that if the project escalates beyond grant funding and beyond the
current estimate of $445,000 during the design stage, that the Council be open to funding the additional
costs through a Local Improvement District. Staff will insure this option is used as a last resort, but
will bring this to Council if necessary. Notices to neighbors discussing the LID as an optional
additional funding source will be included as part of the initial discussions and project scoping.
Page 2 on
CC Apv ODOT CMAQ Beach Street 23720 20cl07
r~'
CITY OF
ASHLAND
Related City Policies:
Transportation System Plan
Comprehensive Plan; Transportation Element
FY2007-08 Budget and Capital Improvement Plan
Council Options:
Council has three basic options:
I. Accept staff recommendation to approve ODOT Agreement No. 23720 with a commitment for
up to $400,000 in federal CMAQ grant funds to design and improve, including curb, gutter,
sidewalk and pavement, Beach Street from GIenwood to the end.
2. Declines approval of staff s recommendation.
3. Requests additional information regarding the use offederal CMAQ funds, recommends
shifting projects for the use of federal funds, or other interests of Council as further defined.
Potential Motions:
I. Council moves to:
o Approve Agreement No. 23720 - Congestion Mitigation and Air Quality (CMAQ) Program-
Beach Street: Glenwood to End - between the City of Ashland and the Oregon Department of
Transportation;
o Accept the acknowledgement ofthe use and requirements for use of Federal funds; and
o Authorize the Public Works Director to sign the project prospectus and execute future design
and construction agreements.
2. Council requests additional information as follows...
Attachments:
Proposed ODOT Contract
ODOT Scoping documents
Staff construction estimates
Page3 00
CC Apv ODOT CMAQ Beach Street 23720 20ct07
~~,
Misc. Contracts & Agreements
No. 23720
LOCAL AGENCY AGREEMENT
CONGESTION MITIGATION AND AIR QUALITY PROGRAM
Beach Street: Glenwood Drive - End
City of Ashland
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State"; and
the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as
"Agency."
RECITALS
1. Upper Beach Street is a part of the city street system under the jurisdiction and control of
Agency.
2. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into
cooperative agreements with counties, cities and units of local governments for the
performance of work on certain types of improvement projects with the allocation of costs
on terms and conditions mutually agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, Agency agrees to pave and install curb, gutter and sidewalks on
525' of Beach Street, south of Glenwood Drive, hereinafter referred to as "Project".
The location of the Project is approximately as shown on the sketch map attached hereto,
marked "Exhibit A," and by this reference made a part hereof.
2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality
(CMAQ) Program under Title 23, United States Code. The total Project cost is estimated
at $445,782, which is subject to change. The CMAQ funds are limited to $400,000.
Eligible costs for the Project will be reimbursed at the full federal share or until the
$400,000 limit is reached. Agency shall be responsible for the match for the federal funds
and any portion of the Project, which is not covered by federal funding. Agency shall be
responsible for determining the amount of federal funds to be applied to each phase of
the Project. Agency is not guaranteed the use of unspent funds for a particular phase of
work. It is Agency's responsibility to notify State in advance of obligating funds for a
subsequent phase if Agency wants to release funds on the current authorized phase(s) of
work.
3. The federal funding for this Project is contingent upon approval by the FHWA. Any work
performed prior to acceptance by FHWA will be considered nonparticipating and paid for
at Agency expense. The Catalog of Federal Domestic Assistance (CFDA) number for this
Project is 20.205.
Key No. 15256
Agency/State
Agreement No 23720
4. State considers Agency a sub-recipient of the federal funds under this Agreement.
5. At the beginning of each Federal Year, Agency shall complete and provide State a CMAQ
reporting form (an example of which is attached hereto as Exhibit B and by this reference
made a part hereof)
6. Under such authority, Agency may, if needed, retain the services of State to perform
specific right of way services further identified in Attachment No. 1A of the Special
Provisions, attached hereto and by this reference made a part hereof.
7. Agency, or its consultant, shall perform specific right of way services further identified in
Attachment NO.1 A of the Special Provisions, attached hereto and by this reference made
a part hereof. Agency, or its consultant, shall be reimbursed for such services as a
Project expense.
8. It is further agreed all parties will strictly follow the rules, policies and procedures of the
"Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" as
amended, ORS Chapter 35, State of Oregon Right of Way Manual, and Federal Highway
Administration Federal Aid Policy Guide.
9. The term of this Agreement shall begin on the date all required signatures are obtained
and shall terminate upon completion of the Project and final payment or ten (10) calendar
years following the date all required signatures are obtained, whichever is sooner.
10. This Agreement may be terminated by mutual written consent of both parties.
11. State may terminate this Agreement effective upon delivery of written notice to Agency, or
at such later date as may be established by State, under any of the following conditions:
a. If Agency fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice from State fails
to correct such failures within ten (10) days or such longer period as State
may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
2
Agency/State
Agreement No. 23720
e. If federal or state laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this Agreement is prohibited or if State
is prohibited from paying for such work from the planned funding source.
12.Any termination of this Agreement shall not prejudice any rights or obligations accrued to
the parties prior to termination.
13. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions apply to
all federal-aid projects and may be modified only by the Special Provisions. The parties
hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the
event of a conflict, this Agreement shall control over the attachments, and Attachment 1
shall control over Attachment 2.
14.Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall
assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon
Agency's breach of any such conditions that requires the State to return funds to the
Federal Highway Administration, hold harmless and indemnify the State for an amount
equal to the funds received under this Agreement; or if legal limitations apply to the
indemnification ability of Agency, the indemnification amount shall be the maximum
amount of funds available for expenditure, including any available contingency funds or
other available non-appropriated funds, up to the amount received under this Agreement.
15.Agency shall enter into and execute this Agreement during a duly authorized session of
its City Council.
16. This Agreement may be executed in several counterparts [facsimile or otherwise] all of
which when taken together shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each copy of
this Agreement so executed shall constitute an original.
17. This Agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No waiver,
consent, modification or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties and all necessary approvals have been obtained.
Such waiver, consent, modification or change, if made, shall be effective only in the
specific instance and for the specific purpose given. The failure of State to enforce any
provision of this Agreement shall not constitute a waiver by State of that or any other
provision.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key
#15256) that was approved by the Oregon Transportation Commission on August 17, 2005
(or subsequently approved by amendment to the STIP).
3
Agency/State
Agreement No. 23720
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No.
2, which authorizes the Director to approve and execute agreements for day-to-day
operations. Day-to-day operations include those activities required to implement the biennial
budget approved by the Legislature, including activities to execute a project in the Statewide
Transportation Improvement Program.
On August 2, 2005, the Director, Deputy Director, Highways and Chief Engineer approved
Subdelegation Order No.5, in which the Director, Deputy Director, Highways and Chief
Engineer delegate authority to the Region Managers to approve and sign intergovernmental
agreements over $75,000 up to a maximum of $500,000 when the work is related to a project
included in the Statewide Transportation Improvement Program (STIP).
CITY OF ASHLAND, by and through its
elected officials
STATE OF OREGON, by and through
its Department of Transportation
By
By
Region 3 Manager
Title
Date
Date
By
APPROVAL RECOMMENDED
Title
By
State Right of Way Manager
Date
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
City Attorney
By
Region 3 Right of Way Manager
Date
Date
Agency Contact:
City of Ashland
Attn: Paula Brown
20 E Main Street
Ashland, OR 97520
By
Region 3 Local Program Project Manager
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General
Date:
4
Misc. Contracts & Agreements
No. 23720
ATTACHMENT NO.1 to Agreement No. 23720
SPECIAL PROVISIONS
1. Agency or its consultant shall, as a federal-aid participating preliminary engineering
function, conduct the necessary field surveys, environmental studies, traffic
investigations, foundation explorations, and hydraulic studies, identify and obtain all
required permits, assist State with acquisition of necessary right of way and/or
easements, and perform all preliminary engineering and design work required to produce
final plans, preliminary/final specifications and cost estimates.
2. Upon State's award of the construction contract, Agency, or its consultant, shall be
responsible to perform all construction engineering, field testing of materials, technical
inspection and project manager services for administration of the contract.
3. In the event that Agency elects to engage the services of a personal services consultant
to perform any work covered under this Agreement, Agency and Consultant shall enter
into a Personal Services Contract approved by State's Office of Procurement Manager or
designee (Salem). Said contract must be reviewed and approved by the Office of
Procurement Manager or designee prior to beginning any work. This review includes, but
is not limited to the Request for Proposal, Statement of Work, advertisement and all
contract documents. This review and approval is required to ensure federal
reimbursement.
4. State may make available Region 3's On-Call Preliminary Engineering (PE), Design and
Construction Engineering Services consultant for Local Agency Projects upon written
request. If Agency chooses to use said services, Agency agrees to manage the work
performed by the consultant and make funds available to the State for payment of those
services. All eligible work shall be a federally participating cost and included as part of
the total cost of the Project.
5. Agency shall, at its own expense, maintain and operate the Project upon completion at a
minimum level that is consistent with normal depreciation and/or service demand.
6. Maintenance responsibilities shall survive any termination of this Agreement.
Agency/State
Agreement No. 23720
ATTACHMENT NO. 1A to Agreement No. 23720
SPECIAL PROVISIONS
RIGHT OF WAY SERVICES AGREEMENT
ITEMS TO BE COMPLETED BY STATE OR AGENCY
All references to State may include State or its consultant. All references to Agency may
include Agency or its consultant.
A. Preliminary Phase
1. Agency shall provide preliminary cost estimates.
2. Agency shall make preliminary contacts with property owners.
3. Agency shall help gather and provide field location and project data.
B. Acquisition Phase
1. General:
a. When doing the Acquisition work, Agency shall provide State with a status report of
the project upon request.
b. Title to properties acquired shall be in the name of the Agency.
c. Prior to the initiation of acquisitions, Agency shall adopt a resolution of intention
and determination of necessity in accord with ORS 35.610, authorizing acquisition
and condemnation. If the State Department of Justice is to handle condemnation
work, that information needs to be included in the resolution adopted by the
Agency. Prior approval by Department of Justice is required.
2. Legal Descriptions:
a. Agency shall provide sufficient horizontal control, recovery and retracement
surveys, vesting deeds, maps and other data so that legal descriptions can be
written.
b. Agency shall provide construction plans and cross-section information for the
project.
c. Agency shall write legal descriptions and prepare right of way maps.
d. Agency shall specify the degree of title to be acquired (e.g., fee, easement).
3. Real Property and Title Insurance:
a. Agency shall provide preliminary title reports, if Agency determines they are needed,
before negotiations for acquisition commence.
Agency/State
Agreement No. 23720
b. Agency shall determine sufficiency of title (taking subject to).
c. Agency shall conduct Level 1 testing for presence of hazardous material, if needed.
Agency will conduct reasonable testing up to Level 2, if required.
d. Agency shall be responsible for any necessary remediation.
4. Appraisal:
a. Agency shall conduct the valuation process of properties to be acquired.
b. Agency shall recommend just compensation, based upon a review of valuation by
qualified personnel.
c. Property trades, construction obligations, and zoning or permit concessions are to
be evaluated as part of the Just compensation offer.
5. Negotiations:
a. Agency shall tender all monetary offers to land-owners in writing at the
compensation shown in the appraisal review. Conveyances taken for more than
the approved figure will be documented by an Administrative Justification for the
increase in compensation. If State performs this function, it will provide the Agency
with all pertinent letters, negotiation records and obligations incurred during the
acquisition process.
b. Agency and State shall jointly determine a date for certification of right of way.
Agency agrees to file all Recommendations for Condemnation at least 70 days
prior to that date if negotiations have not been successful on those properties.
6. Relocation:
a. Agency will perform any relocation assistance, make replacement housing
computations, and do all things necessary to relocate any displaced parties on the
project.
b. Agency will make all relocation and moving payments for the project.
c. Agency will perform the relocation appeal process.
C. Closing Phase
1. Agency shall close all transactions. This includes drawing deeds, releases and
satisfactions necessary to clear title, obtaining signatures on release documents, and
making all payments.
Agency/State
Agreement No. 23720
2. Agency shall record conveyance documents, upon acceptance.
D. Property Management
1. Agency shall take possession of all the acquired properties.
2. Agency shall dispose of all improvements and excess land.
E. Condemnation
1. Agency may offer mediation if parties have reached an impasse.
2. Agency shall perform all administrative functions in preparation of the condemnation
process, such as preparing final offer and complaint letters.
3. Agency shall perform all legal work related to the condemnation process
4. Agency shall perform all litigation work related to condemnation.
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Exhibit B - CMAQ Reporting Form
Misc. Contracts & Agreements
No. 23720
Directions: Complete one form per each proposed or continuing CMAQ-funded project. Within 45 days affer the beginning
of each Federal fiscal year, submit (or update and resubmit) electronic copies of the form to ODOT CMAQ Program staff.
Refer to Attachment A (Guidance - CMAQ Reporting Form) for clarification of CMAQ data requested and the CMAQ
reporting process. For further assistance, please contact ODOT CMAQ Program staff at (503) 986-4200.
TIP / TSP Project ID # (optional) _
CMAQ Obligation $ (this Fiscal Year) _
Total Project $ (this Fiscal Year)
Project Title _
Project Year: _
CMAQ Project ID # (if known)
STIP Project ID #
FMIS Project ID #
Please select one of the fOllowinq:
This is a new CMAQ project proposal.
This is a continuing CMAQ project.
D
D
,
YesD NoD
Yes D NoD
YesD NoD
Yes D NoD
Yes D NoD
Is this a planning or project development activity?
Is this an outreach activity?
Is this a TCM in an approved SIP?
Is this an Experimental Pilot Project?
Is this a Public-Private Partnership?
Emissions Benefit Provided bv Proiect:
MPO or local jurisdiction _ VOC emissions benefit (kg/day):
Non-Attainment or Maintenance Area (check one )) Qualitative Analysis?
D Portland Metro Area
D Medford/Ashland Metro Area
D Klamath Falls Area
D Grants Pass Area
D La Grande Area
D Lakeview Area
D Oakridge Area
Proiect Reoortinq Cateqorv (check one main cateoorv and select aoorooriate subcateqorv from droodown list:
D Demand Management Subcategories: (select one)
D I/M and Other TCMs
D Pedestrian/Bicycle
D Shared Ride
D Traffic Flow Improvements
D Transit
D Other / No Category
D Deobligation
Yes D No D
CO emissions benefit (kg/day)
)) Qualitative Analysis?
YesD
NoD
NOx emissions benefit (kg/day):
)) Qualitative Analysis?
Yes D
NoD
PM-10 emissions benefit (kg/day): _
)) Qualitative Analysis? Yes D No D
NOTE: Please attach supporting documentation of quantitative analysis or
explanation of quatitative analysis method
Subcategories: (select one)
Subcategories: (select one)
Subcategories: (select one)
Subcategories: (select one)
Subcategories: (select one)
Project Description:
NOTE: Project Description should include project length, names of relevant roadways, a concise narrative of work to be
performed, etc.
Additional Project Information:
NOTE: Please provide any additional descriptive information regarding Project Reporting Subcategory
, ,
Misc. Contracts & Agreements
No. 23720
ATTACHMENT NO.2
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by
the administration of this Project, and Agency (i.e. county, city, unit of local government, or other
state agency) hereby agrees that State shall have full authority to carry out this administration If
requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA,
State will further act for Agency in other matters pertaining to the Project. Agency shall, if
necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical
Advisory Committee, conduct a hearing and recommend the preferred alternative. State and
Agency shall each assign a liaison person to coordinate activities and assure that the interests of
both parties are considered during all phases of the Project.
2. Any project that uses federal funds in project development is subject to plans, specifications and
estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to
advertisement for bid proposals, regardless of the source of funding for construction.
PRELIMINARY & CONSTRUCTION ENGINEERING
3. State, Agency, or others may perform preliminary and construction engineering. If Agency or
others perform the engineering, State will monitor the work for conformance with FHWA rules and
regulations. In the event that Agency elects to engage the services of a personal services
consultant to perform any work covered by this Agreement, Agency and Consultant shall enter
into a State reviewed and approved personal services contract process and resulting contract
document. State must concur in the contract prior to beginning any work. State's personal
services contracting process and resulting contract document will follow Title 23 Code of Federal
Requlations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules
and State Personal Services Contracting Procedures as approved by the FHWA. Such personal
services contract(s) shall contain a description of the work to be performed, a project schedule,
and the method of payment. Subcontracts shall contain all required provisions of Agency as
outlined in the Agreement. No reimbursement shall be made using federal-aid funds for any costs
incurred by Agency or its consultant prior to receiving authorization from State to proceed. Any
amendments to such contract(s) also require State's approval.
4. On all construction projects where State is the signatory party to the contract, and where Agency
is doing the construction engineering and project management, Agency, subject to any limitations
imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend
lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other
lawsuit arising out of the contractor's work or Agency's supervision of the project.
REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF TRANSPORTATION
(USDOT) FINANCIAL ASSISTANCE AGREEMENT
5. If as a condition of assistance, Agency has submitted and the United States Department of
Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action
Program which Agency agrees to carry out, this affirmative action program is incorporated into the
financial assistance agreement by reference. That program shall be treated as a legal obligation
Agency/State
Agreement No. 23720
and failure to carry out its terms shall be treated as a violation of the financial assistance
agreement. Upon notification from USDOT to Agency of its failure to carry out the approved
program, USDOT shall impose such sanctions as noted in Title 49, CFR, Part 26, which sanctions
may include termination of the agreement or other measures that may affect the ability of Agency
to obtain future USDOT financial assistance.
6. Disadvantaged Business Enterprises (OBE) Obligations. State and its contractor agree to
ensure that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with federal funds. In this
regard, Agency shall take all necessary and reasonable steps in accordance with Title 49,
CFR. Part 26, to ensure that DBE have the opportunity to compete for and perform contracts.
Neither State nor Agency and its contractors shall discriminate on the basis of race, color,
national origin or sex in the award and performance of federally-assisted contracts. Agency shall
carry out applicable requirements of Title 49, CFR. Part 26, in the award and administration of
such contracts. Failure by Agency to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this contract or such other remedy as State
deems appropriate.
7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into
under this Agreement.
8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title
V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990
(ADA), and Titles VI and VII of the Civil Rights Act of 1964.
9. The parties hereto agree and understand that they will comply with all applicable federal, state,
and local laws, regulations, executive orders and ordinances applicable to the work including, but
not limited to, the provisions of ORS 279C505, 279C.515, 279C520, 279C.530 and 279B270,
incorporated herein bv reference and made a part hereof: Title 23 CFR Parts 1.11, 140,710, and
771: Title 49 CFR Parts 18, 24 and 26: OMB CIRCULAR NO. A-87 and NO. A-133 Title 23,
USC, Federal-Aid Hiqhwav Act: Title 41, Chapter 1, USC 51-58, Anti-Kickback Act: Title 42 USC:
Uniform Relocation Assistance and Real Property Acquisition Policv Act of 1970, as amended and
provisions of Federal-Aid Policv Guide (FAPG).
STATE OBLIGATIONS
PROJECT FUNDING REQUEST
10. State shall submit a Project funding request to FHWA with a request for approval of federal-aid
participation in all engineering, right-of-way acquisition, eligible utility relocations and/or
construction work for the Project. No work shall proceed on any activity in which federal-aid
participation is desired until such approval has been obtained. The program shall include
services to be provided by State, Agency, or others. State shall notify Agency in writing when
authorization to proceed has been received from FHWA. Major responsibility for the various
phases of the Project will be as outlined in the Special Provisions. All work and records of such
work shall be in conformance with FHWA rules and regulations.
FINANCE
11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims for
federal-aid participation to FHWA in the normal manner and compile accurate cost accounting
records. Agency may request a statement of costs to date at any time by submitting a written
request. When the actual total cost of the Project has been computed, State shall furnish Agency
with an itemized statement of final costs. Agency shall pay an amount which, when added to said
advance deposit and federal reimbursement payment, will equal 100 percent of the final total
actual cost. Any portion of deposits made in excess of the final total costs of Project, minus
Agency/State
Agreement No. 23720
federal reimbursement, shall be released to Agency. The actual cost of services provided by
State will be charged to the Project expenditure account(s) and will be included in the total cost of
the Project.
PROJECT ACTIVITIES
12. State shall, if the preliminary engineering work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans, specifications and
cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to
review and approve the documents prior to advertising for bids.
13. The party responsible for performing preliminary engineering for the Project shall, as part of its
preliminary engineering costs, obtain all Project related permits necessary for the construction of
said Project. Said permits shall include, but are not limited to, access, utility, environmental,
construction, and approach permits. All pre-construction permits will be obtained prior to
advertisement for construction.
14. State shall prepare contract and bidding documents, advertise for bid proposals, and award all
contracts.
15. Upon State's award of a construction contract, State shall perform independent assurance testing
in accordance with State and FHWA Standards, process and pay all contractor progress
estimates, check final quantities and costs, and oversee and provide intermittent inspection
services during the construction phase of the Project.
16. State shall, as a Project expense, assign a liaison person to provide Project monitoring as needed
throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and
construction). The liaison shall process reimbursement for federal participation costs
RIGHT OF WAY
17. State is responsible for proper acquisition of the necessary right-of-way and easements for
construction and maintenance of the Project. Agency may perform acquisition of the necessary
right of way and easements for construction and maintenance of the Project, provided Agency (or
Agency's consultant) are qualified to do such work as required by the State's Right of Way
Manual and have obtained prior approval from State's Region Right of Way office to do such
work.
18. Regardless of who acquires or performs any of the right of way activities, a right of way services
agreement shall be created by State's Region Right of Way office setting forth the responsibilities
and activities to be accomplished by each party. State shall always be responsible for requesting
project funding, coordinating certification of the right of way, and providing oversight and
monitoring. Funding authorization requests for federal right of way funds must be sent through
the State's Region Right of Way offices on all projects. All projects must have right of way
certification coordinated through State's Region Right of Way offices (even for projects where no
federal funds were used for right of way, but federal funds were used elsewhere on the Project).
Agency should contact the State's Region Right of Way office for additional information or
clarification.
19 State shall review all right of way activities engaged in by Agency to assure compliance with
applicable laws and regulations. Agency agrees that right of way activities shall be in accord with
the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended,
ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the Code of
Federal Regulations, Title 23, Part 710 and Title 49, Part 24.
Agency/State
Agreement No. 23720
20. If any real property purchased with federal-aid participation is no longer needed for the originally
authorized purpose, the disposition of such property shall be subject to applicable rules and
regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of
the required proportionate shares of the fair market value may be required.
21. Agency insures that all Project right of way monumentation will be conducted in conformance with
ORS 209.155.
22. State and Agency grants each other authority to enter onto the other's right of way for the
performance of the Project.
AGENCY OBLIGATIONS
FINANCE
23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio,
unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match
amount, unless otherwise agreed to and specified in the intergovernmental agreement. If federal
funds are used, Agency will specify the Catalog of Federal Domestic Assistance (CFDA) number
in the Agreement. Agency will also determine and clearly state in the Agreement if recipient is a
subrecipient or vendor, using criteria in Circular A-133.
24. Agency's estimated share and advance deposit.
A. Agency shall, prior to commencement of the preliminary engineering and/or right of way
acquisition phases, deposit with State its estimated share of each phase. Exception may be
made in the case of projects where Agency has written approval from State to use in-kind
contributions rather than cash to satisfy all or part of the matching funds requirement.
B. Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's
estimate and shall be received prior to award of the construction contract. Any additional
balance of the deposit, based on the actual bid must be received within 45 days of receipt of
written notification by State of the final amount due, unless the contract is canceled. Any
unnecessary balance of a cash deposit, based on the actual bid, will be refunded within 45
days of receipt by State of the Project sponsor's written request.
C. Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited in
the State Treasury (an option where a deposit is made in the Local Government Investment
Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or
2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash.
D. Agency may satisfy all or part of any matching funds requirements by use of in-kind
contributions rather than cash when prior written approval has been given by State.
25. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its
share of the required matching funds, plus 100 percent of all costs in excess of the total matched
federal funds. Agency shall also pay 100 percent of the cost of any item in which FHWA will not
participate. If Agency has not repaid any non-participating cost, future allocations of federal funds,
or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the
non-participating costs. If State approves processes, procedures, or contract administration
outside the Local Agency Guidelines that result in items being declared non-participating, those
items will not result in the withholding of Agency's future allocations of federal funds or the future
allocations of State Highway Trust Funds.
Agency/State
Agreement No. 23720
26. Costs incurred by State and Agency for services performed in connection with any phase of the
Project shall be charged to the Project, unless otherwise mutually agreed upon.
27. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear
100 percent of all costs as of the date of cancellation. If State was the sole cause of the
cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the
cancellation was caused by third parties or circumstances beyond the control of State or Agency,
Agency shall bear all development costs, whether incurred by State or Agency, either directly or
through contract services, and State shall bear any State administrative costs incurred. After
settlement of payments, State shall deliver surveys, maps, field notes, and all other data to
Agency.
28. Agency shall follow requirements of the Single Audit Act. The requirements stated in the Single
Audit Act must be followed by those local governments and non-profit organizations receiving
$500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by PL
104-156, described in "OMS CIRCULAR NO. A-133", requires local governments and non-profit
organizations to obtain an audit that includes internal controls and compliance with federal laws
and regulations of all federally-funded programs in which the local agency participates. The cost
of this audit can be partially prorated to the federal program.
29. Agency shall make additional deposits, as needed, upon request from State. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an
estimated cost to complete the Project.
30. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the
Project directly to State's Liaison Person for review and approval. Such invoices shall identify the
Project and Agreement number, and shall itemize and explain all expenses for which
reimbursement is claimed. Billings shall be presented for periods of not less than one-month
duration, based on actual expenses to date. All billings received from Agency must be approved
by State's Liaison Person prior to payment. Agency's actual costs eligible for federal-aid or State
participation shall be those allowable under the provisions of Title 23 CFR Parts 111, 140 and
710, Final billings shall be submitted to State for processing within three months from the end of
each funding phase as follows: 1) award date of a construction contract for preliminary
engineering 2) last payment for right-of-way acquisition and 3) third notification for construction.
Partial billing (progress payment) shall be submitted to State within three months from date that
costs are incurred. Final billings submitted after the three months shall not be eligible for
reimbursement.
31. The cost records and accounts pertaining to work covered by this Agreement are to be kept
available for inspection by representatives of State and FHWA for a period of three (3) years
following the date of final voucher to FHWA. Copies of such records and accounts shall be made
available upon request. For real property and equipment, the retention period starts from the date
of disposition (Title 49 CFR 18.42).
32. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds
distributed to Agency if any of the following events occur:
a) Right-of-way acquisition or actual construction of the facility for which preliminary
engineering is undertaken is not started by the close of the tenth fiscal year
following the fiscal year in which the federal-aid funds were authorized;
b) Right-of-way acquisition is undertaken utilizing federal-aid funds and actual
construction is not started by the close of the twentieth fiscal year following the
Agency/State
Agreement No. 23720
fiscal year in which the federal-aid funds were authorized for right-of-way
acquisition
c) Construction proceeds after the Project is determined to be ineligible for federal-aid
funding (e.g., no environmental approval, lacking permits, or other reasons).
33. Agency shall maintain all Project documentation in keeping with State and FHWA standards and
specifications. This shall include, but is not limited to, daily work records, quantity documentation,
material invoices and quality documentation, certificates of origin, process control records, test
results, and inspection records to ensure that projects are completed in conformance with
approved plans and specifications.
RAILROADS
34. Agency shall follow State established policy and procedures when impacts occur on railroad
property. The policy and procedures are available through State's appropriate Region contact or
State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646, subpart Band
Title 23 CFR Part 140, subpart I, shall be included in the total Project costs; all other costs
associated with railroad work will be at the sole expense of Agency, or others. Agency may
request State, in writing, to provide railroad coordination and negotiations. However, State is
under no obligation to agree to perform said duties.
UTILITIES
35. Agency shall cause to be relocated or reconstructed, all privately or publicly-owned utility
conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where
such relocation or reconstruction is made necessary by the plans of the Project in order to
conform the utilities and other facilities with the plans and the ultimate requirements of the
Project. Only those utility relocations, which are eligible for federal-aid participation under, Title 23
CFR 645A, shall be included in the total Project costs; all other utility relocations shall be at the
sole expense of Agency, or others. State will arrange for utility relocations/adjustments in areas
lying within jurisdiction of State, if State is performing the preliminary engineering. Agency may
request State in writing to arrange for utility relocations/adjustments lying within Agency
jurisdiction, acting on behalf of Agency. This request must be submitted no later than 21 weeks
prior to bid let date. However, State is under no obligation to agree to perform said duties.
36. Agency shall follow established State utility relocation policy and procedures. The policy and
procedures are available through the appropriate State's Region Utility Specialist or State's Right
of Way Section Railroad Liaison, and Utility Engineer.
STANDARDS
37. Agency agrees that design standards for all projects on the National Highway System (NHS) and
the Oregon State Highway System shall be in compliance to standards specified in the current
"State Highway Desiqn Manual" and related references. Construction plans shall be in
conformance with standard practices of State for plans prepared by its own staff. All
specifications for the Project shall be in substantial compliance with the most current "Oreqon
Standard Specifications for Highway Construction".
38. Agency agrees that minimum design standards for non-NHS projects shall be recommended
AASHTO Standards and in accordance with the current "Oreqon Bicycle and Pedestrian Plan",
unless otherwise requested by Agency and approved by State.
39. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants
prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements".
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Agency/State
Agreement No. 23720
40. All plans and specifications shall be developed in general conformance with the current "Contract
Plans Development Guide" and the current "Oregon Standard Specifications for Highway
Construction" and/or guidelines provided.
41. The standard unit of measurement for all aspects of the Project may be either System
International (SI) Units (metric), or English Units. However, all Project documents and products
shall be in one or the other unit of measurement. This includes, but is not limited to, right-ot-way,
environmental documents, plans and specifications, and utilities It should be recognized that the
State is currently transitioning to English, and will be completely English by 2006.
GRADE CHANGE LIABILITY
42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts
necessary to complete construction of the Project which may alter or change the grade of existing
county roads are being accomplished at the direct request of the County.
43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes.
Approval of plans by State shall not subject State to liability under ORS 105.760 for change of
grade.
44. Agency, if a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to
any and all changes of grade within the City limits, and gives its consent as required by ORS
373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection
with or arising out of the project covered by the Agreement.
CONTRACTOR CLAIMS
45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal
defense for State against all claims brought by the contractor, or others resulting from Agency's
failure to comply with the terms of this Agreement.
46. Notwithstanding the foregoing defense obligations under paragraph 45, neither Agency nor any
attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any
agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or
any of its agencies, without the prior written consent of the Oregon Attorney General. The State of
Oregon may, at anytime at its election assume its own detense and settlement in the event that it
determines that Agency is prohibited from defending the State of Oregon, or that Agency is not
adequately defending the State of Oregon's interests, or that an important governmental principle
is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon
reserves all rights to pursue any claims it may have against Agency if the State of Oregon elects
to assume its own defense.
MAINTENANCE RESPONSIBILITIES
47. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its
own cost and expense, and in a manner satisfactory to State and FHWA
WORKERS' COMPENSATION COVERAGE
48. All employers, including Agency that employ subject workers who work under this Agreement in
the State of Oregon shall comply with ORS 656.017 and provide the required Workers'
Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall
ensure that each of its contractors complies with these requirements
LOBBYING RESTRICTIONS
49. AgencY,certifies by signing the Agreement that:
A No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
Agency/State
Agreement No. 23720
employee of a Member of Congress in connection with the awarding of any federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any federal contract, grant, loan, or cooperative agreement
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, and contracts and subcontracts
under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and
that all such subrecipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31, use Section 1352.
E. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Paragraphs 35, 36, and 47 are not applicable to any local agency on state highway projects.
PROJECT SCOPING NOTES
Proiect Name Upper Beach Street LID Pavina Kev Number 15256
Hiohwav Name Local Street Hiohwav # NA Route # NA
Aaencv Ashland Mile Point Proiect Tvoe CMAQ
Desion Standards AASHTO Funcl. Class Urban Local Street
Proiect Leader Scott Adams Phone 541-957-3636 I
PRELIMINARY COST ESTIMATE: Information taken from approved project prospectus
COST ELEMENTS FUNDING TYPE DOLLARS
Preliminary Engineering Cost CMAQ/LoCAL 66,900
Right-of-Way Cost CMAQ/LoCAL 66,900
Safety Cost
Roadway Cost CMAQ/LoCAL 312,000
Structure Cost
Signals
Illumination
Temporary Protection
Const. Engr & Contingencies
Utility Reimbursement
Construction Cost
TOTAL ESTIMATE CMAQ/LoCAL $445,800
PROPOSED SCHEDULE:
2008
15 uarter 2008
2" uarter 2008
15 uarter 2008
3' uarter 2008
PROBLEM IDENTIFICATION:
The upper portion of Beach Street is currently unimproved and is an air quality concern. The city
proposes paving of the unimproved street will dramatically reduce dust and air pollution in this area
PROPOSED SOLUTION:
Reconstruction and paving of approximately 525' of Beach Street south of Glenwood drive to include
crack sealing, overlay, curb, gutter and sidewalk construction and driveway improvements
PROJECT ISSUES
Project Adjustments
Needed Adjustments to Project Limits (Missed sections, appropriate start & end):
Additional Elements Needed to Meet Problem Statement:
Pavement Needs-Pavement design; Leveling or subgrade repair needed? Lane widths adequate?
Sub-grade, leveling, pave, minimum lane widths, steep grade
Shoulders-Adequate Width? (Exception needed?) Slope adjustments needed? Shoulder rock needed:
Tight slopes on both sides, possible small block walls.
Drainage-Damaged or plugged culverts? Culvert extensions needed? Offsite Drainage, Flooding Problems,
Catch Basins, Ditches): Yes
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Road Approaches I Accesses (Pave or Gravel/ Closure? / Sight Distance Problems?): Yes, Many,
Guardrail Needs (Repair / Replace / Extend / Add / Delete / Appropriate Length / End type):
NA
Design Exceptions & Concurrences (Vertical/Horizontal Clearances, Alignments, Bridge Widths & Rail,
Shoulder & Lane Widths, Side Slopes, Clear Zone, Etc.):
Grade +12%
Minimum standard road width, no cul-de-sac, possibly no sidewalk per city's blessing
Special Design Features to be Addressed (Horizontal & Vertical Alignment, Etc.):
Small retaining walls
Traffic Control (Detour / Stage Construction / Traffic, Road Closure, Temporary Bridge):
Dead end street. Standard traffic control.
Signing Needs (Replace or Reinstall/ Signing Plans Needed?):
ADA Needs (Ramps, Driveways, Curbs & Sidewalks):
Sidewalks, driveways/ approaches, ramps, curbs
Mailbox Needs (Replace, Move or Combine Mailboxes):
Yes
Utility Conflicts (Underground and Overhead Conflicts):
Possible storm upgrades, water meter relocates, utility conflicts pending on locations,
Surveying Needs:
Yes, city states minimal survey information
Right-of-Way Needs:
Various needs,
Environmental Issues:
General
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Hazmat: General Level 1 ,Residential Area, ODOT possible Hazmat survey
Historical (Bridges, Structures, Buildings, etc.) [Section 106]: DOE/FOE
Archaeological Sites (Known or Possible Sites) [Section 106]: PA Memo
Wetlands (Known or Possible Wetlands / Mitigation Sites): NA
Water Quality Issues and/or Concerns: Small Q treatment, New impervious area, possible "no effect"
Special Erosion / Riparian Needs (Riprap / Seeding and Mulching / Tree Plantings / etc.): standard control measures
Threatened & Endangered Species:
In-Water Work Period: NA
Land Use: NA
4(f) (Park Lands, Recreation Areas, Wildlife Refuges, School Grounds, etc.) If R/W Grants it
6(f): NA
Noise: NA
Agency Coordination (USFS, BLM, BIA, Etc.) [Easements and/or Permits]:
Permits & Clearances Needed (Railroad, Corps of Engineers, DSL, Floodplain, Federal, State and
Local Permits Needed):
Political or Controversial Issues (That Could Delay Project, Construction Timing, Railroad Crossings,
Approved / Planned Development)
Other:
Attendees:
ODOT Project Leader, City staff, ROW, Environmental
Scott Adams, Jerry Vogt, Carol Windsor, Jim Olson, Karl Johnson.
Page 3
CITY 0
ASHLA:
PRELIMINARY ESTIMATE
BEACH STREET LID
"em
No. Description Quantity Units Unit Price Amount
1 Mobilization Lump Sum $ 35,000.00 $ 35,000.00
2 Excavation 300 CY $ 25.00 $ 7,500.00
3 Base Rock 170 CY $ 75.00 $ 12,750.00
4 A.C. Paving 250 Tons $ 95.00 $ 23,750.00
5 Reconstruct Mail Box Structure 6 EA $ 300.00 $ 1,800.00
6 Adjust SS Manhole 2 EA $ 400.00 $ 800.00
7 Adiust SS Clean Out 1 EA $ 350.00 $ 350.00
6 Adiust Water Valve Box 2 EA $ 250.00 $ 500.00
9 Remove Existing Catch Basin 5 EA $ 300.00 $ 1,500.00
10 Curb Inlet 8 EA $ 950.00 $ 7,600.00
11 Concrete Driveway Apron 1160 SF $ 7.00 $ 8,120.00
12 Concrete Sidewalk 1550 ST $ 5.50 $ 8,525.00
13 Concrete Curb & Gutter 1100 LF $ 12.00 $ 13,200.00
14 12 Inch Storm Drain 300 LF $ 35.00 $ 10,500.00
15 Adjust Water Meter Box 5 EA $ 150.00 $ 750.00
16 Erosion Control Lump Sum $ 2,500.00 $ 2,500.00
17 Traffic Control Lump Sum $ 4,500.00 $ 4,500.00
18 Remove Obstructions Lump Sum $ 6,000.00 $ 6,000.00
19 Clearing and Grubbing Lump Sum $ 2,000.00 $ 2,000.00
Total $
Contingency Approximately 15% $
Total Construction $
Engineering $
Total Project Cost $
147,645.00
22,155.00
169,800.00
40,000.00
209,800.00
Estimated by James H. Olson
May 5, 2004
Revised July 31, 2007
Revised September 24, 2007
PRELIMINARY - COST ESTIMATE
OREGON STATE HIGHWAY DIVISION - ROADWA Y ENGINEERING
SECTION
Beach Street Paving
CITY
Ashland
KIND OF WORK
LENGTH
02] 0-0 I OOOOOA MOBILIZATION LS $55,000.00
0225-0 I OOOOOA TEMPORARY PROTECTION AND DIRECTION OJ. TRAFFIC LS $]5,000.00
0225-0 I OlOOOJ TEMPORARY SIGNS S IT $5.100.00
02250104000E TEMPORARY BARRie ADES. TYPE II EACII $1.125.00
02250168000T FLAGGERS HOUR $3.200.00
0225-0152000A CONSTRue nON EN'I'RANeLS EACII $2,000,00
02HO O[OOOOOA EROSION CONTROL LS $2.500.00
0280 (JI04UOOE INI,ET PROTECTION EACH $400,00
02800]250UOr SEDIMENT FENCE, SUPPORTED FOOT $400.00
0290 0 I QOaDDA POl.LUTION CONTROL PLAN LS $1.000.00
Jm_:
mus 0 I QUUDGA CONSTRUCTION SURVEY WORK ALL LS $6.000.00 $6.000.00
OJ [0-01 DoaOOA REMOVAL OF STRUCTURES AND OBSTRUCTIONS ALL LS $8.000.00 $8.000.00
OJ I 0-0 1 ] 6000E REMOVAL OF INLETS 5 EACH $J25.00 $L625.00
03]0-012I\OOOJ REMOVAL OF SURV ACINGS 10 S YI) $10.00 $100.00
OJ20-0I OOOOOA CI.LAR]NCi AND GRUBBING I I.S $2,500,00 $2,500.00
OJJO-0]05000K GENERAl. EXCAVATION JOO CUYD $25.00 $7500.00
0.140-0]00000 WATERING 15 MGAL $100_00 $L500.00
'SEWERS:
0445-OJ50 12AF 12 INCH STORM SEWER PIPE 5 FT DEPTH JOO FOOT $60.00 $HU1OO,OO
0470-0] 10000E CONCRETE MANHOLES. WATER UALlTY I EACH $20.000_HO $20,lX10.lXl
0470-0.109000E CONCRETE INLETS, TYPE C([-J K EACH $].200_00 $9.600.00
0490-0120000E MINOR ADJlJSTMENT OF MANHOLES 2 EACH $750.00 $1.500.00
0596-0] 02000J RE'IAINING WALl" PREFABRICATED MODUlAR 250 SF $JO,OO $7,500.00
0641-0112000J j,:4 ]NCH - 0 AGGREGATE BASE .140 TON $45_00 $15.300.00
!!JES:
0744-0202000M LEVEl. 2. ]/2 INCH DENSE HMACE MIXTURE 250 TON $]00.00 $25.000.00
07490]000001: EXTRA FOR ASPHALT APPROACHES 2 EACII $500,00 $1.000.00
0759010JOOOF CURB AND GUTTER CONCRETE CURBS 1.100 Fom $18.00 $19.800.00
07590128000J CONCRETE WALKS 1,550 S FT $7.00 $10.850.00
0759-0] 52000J CONCRETE DR]VEW A Y CONNECTIONS 1.160 S FT $7.00 $!U20.00
.l)lJ ,
0861-0100000F PA]NTED PERMANENT PAVEMENT STRIPPING ]50 FOOT $].00 $150.00
:11II,\_€.flNl1B L>li
09400IJ7000J TYPE "Y4" S]GNS]N PLACE 18 S FT $]6,00 $288.00
.'01';; DIm
IOJO-0115000A PERMANENT SEEDING. M]X NO. I LS $1.000.00 $I.OOO_()()
1 040-0 I 9000K LlARK MULCII III ClJYD $25_0() $250_00
1070-01010()OE MULTIPLE MAILBOX SUPPORTS 6 EACH $500.()O $J.OOO.OO
!\IS:,
1160-010200E ADJACENT WATER METER BOX EACH $200.00 $].000.00
ENGINEERING. for all work listed $]25.500.00
CONTINGENCIES. for all work listed 20% $51.692.00
R](iHTOFWAY $125,000_00
G:\pub-wrks\eng\dept~admin\LID\Beacb St Preliminary Engineering Cost Estimate 7 07.xls
CITY OF
ASHLAND
Council Communication
Approval of a Contract for the. 2007 Utility Construction Project ~,I/
Meeting Date: October 2, 2007 Primary Staff Contact: Paula Brown, 552-2411 1k
Department: Public Works/Engi eenng E-Mail: brownp@ashland.or.us.
Secondary Dep!.: Legal Sccondary Contact: James Olson, 552-2412
Approval: Martha Bennet Estimated Time: Consent Agenda
Statement:
This item is being presented for Council approval of the 2007 Utility Construction Project and award
of the contract to Pilot Rock Excavation, Inc. in the amount of$826,416. Any contract over $75,000
requires Council approval prior to award.
Staff Recommendation:
Staffrecommends Council approve the 2007 Utility Construction Project contract with Pilot Rock
Excavation, Inc. for $826,416 and authorize Lee Tuneberg, Finance Director, to sign the contract.
Background:
On August 17,2007, the City received a single bid from Pilot Rock Excavation 1nc for the 2007 Utility
Construction Project. The bid of$918,952 was $208,952 over the consulting engineer's estimate and
$43,952 over the allocated budget. By authority !,'Tanted the City by ORS 279A.065 and OAR 137-
049-0650, and at the request of the contractor, staff has negotiated with the sole biddcr to bring the
project within scope and budget at a revised contract amount of $826,416.
Staff fully supports the negotiated amounts for the following reasons:
I. The work included within the project is essential as it replaces undersized and deteriorated
stoml and sanitary sewers and will replace the failed asphalt surface on 'A' Street.
2. Project is budgeted for FY08 and the revised contract is well under the allocated amount.
3. The project was adequately advertised and more than 24 bid packages were mailed to
prospective bidders.
4. A rebid of a project, without major scope or calendar changes, does not generally result in more
favorable bid prices.
5. Negotiations between the bidder and staff were conducted in good faith and resulted in an
overall reduction of$92,536.
6. Acceptance of this contract allows the project to remain on track with completion anticipated
by June 15,2008. Staff prefers a winter/spring construction window to avoid heavy disruptions
to adjacent businesses.
The 2007 Utility Construction Project includes two bid "schedules" - in essence two separate and
distinct projects.
Bid Schedule A
This portion provides for the replacement of an existing sanitary sewer line located in the alley
between Alida and Dewey Streets extending from Blaine Street to East Main Street. This portion also
includes thc construction of a 24 inch diameter stonn drain line adjacent to the sanitary sewer line. The
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JIIF".
r.. .,
CITY OF
ASHLAND
storm drain line will continuc across East Main Street and cxtend down Eighth Strect to 'C' Street.
This storm drain linc will ultimately be extended along 'C' Strcct, across Emerick Street and along
another allcy to North Mountain A venue where it will enter the Beach Creek Drainage System. The
lower reaches of this storm system will be constmcted as ajoint effort between the City and the
developers ofthc proposed Matisse Cottages Subdivision.
Bid Schedule B
The second portion of work under this contract is the rcconstruction of' A' Street from Oak Street to
First Street. This project will complete sidewalk and curb along thc south side ofthe street, replacc
portions of old storm drain, replace the entire undersized sanitary sewer systcm and reconstmct the
strect surface and supporting base.
Proiect Budget
This project is authorized under thc current capital improvement plan. Funding for the work is
allocated from the following sources:
. 'A' Street Paving $290,000
. Alley Storm Drain $ 75,000
. 'A' Street Sanitary Sewer $360,000 contract amount for this item will be $311,416
. Alley Sanitary Sewer $150,000
$875,000
Related City Policies:
City contracting and purchasing policies require council approval of all contracts and purchases in
excess of$75,000.
Council Options:
1. Council may elect to approve the contract with Pilot Rock Excavation, Inc. in the amount of
$826,416. Approval of the contract will allow the City to continue with the project under
current time frames and budget.
2. Council may elect to reject thc contract which will require that the project bc reconfigured and
rebid.
Potential Motions:
1. Council moves to approve the contract with Pilot Rock Excavation, Inc. in the amount of
$826,416 and authorize Lec Tuneberg, Finance Director, to sign the contract.
2. Council moves to delay or reject approval of the contract pending furthcr infonTlation to be
provided by stafl'.
Attachments:
Photographs
Vicinity Map and Detail Map
Contract
Revised Proposal
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G:\pub-wrks\cng\dcpt-admin\ENGINEER\PRO~ECT\2005\05-33 CC to Approve Revised Bid Contract]O 07.doc
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CITY OF
ASHLAND
'A' Street with the Oak Street intersection in the background
'A' Street - area where new curb & sidewalk will be installed (on the left)
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~.1II
IF."
CIT'r OF
ASHLAND
'A' Street - First Street Intersection
'A' Street - North of Ashland Community Food Store
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CITY OF
ASHLAND
I. ~
_.--~ ". /
- ~-,.------
East Main Street / Eighth Street Intersection
24" storm drain to be constructed in 8'" Street
Alley - Location of sanitary and storm sewer construction
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IF.. .,
CITY OF
ASHLAND
Eighth Street / 'C' Street Intersection - End of storm drain project
Alley - Beginning of sanitary and storm drain project
Page 601'6
G:\pUb-WTb\cng\dcpt-admin\ENGINEER\PRO}ECT\2005\05-33 CC to Approve Revised Bid Contract 10 07.doc
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CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this day of
hetween the City of Ashland, ("City") and Pilot Rock Excavation, Inc. ("Contractor").
City and Contractor at,'ree:
I. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued hy City for the 2007 Utility Construction. Contractor was awarded the hid as the lowest
responsihle hidder. In the event of any inconsistencies in the terms ofthis contract, the contract
documents defined in the Advertisement fl)r Bid and Contractor's bid, this contract shall take
precedence over the contract documents, which shall take precedence over the hid. This contract
and attached exhihits constitute the entire ai,'Teement between the parties. No waiver, consent, or
modification or change oftenns of this contract shall bind either party unless in writing and
signed by both parties. Such waiver, consent, modification or change, ifmade, shall he etTective
only in the specific instance and ((lr the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this contract.
Contractor, hy signature of its authorized representative, herehy acknowledges that he/she has
read this contract, understands it, and agrees to he hound by its terms and conditions.
2. Scope: Contractor shall hegin and complete the project deserihed in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Pavment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Pavment Bonds: Contractor shall, within five days after execution
of the contract and prior to doing any work under the contract, furnish honds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of $826,416.00
conditioned upon the faithful payment and pertormance of this contract upon the pmt of the
Contractor as required hy ORS 279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, il[s officers,
employees and agents hamlless from any and all losses, claims, actions, costs. expenses,
judi,'Tnents, subrogations, or other damages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property. ofwhatsocver nature
arising out of or incident to the pertllrmance of this contract hy Contractor (including hut not
limited to, Contractor's employees, agents. and others designated by Contractor to perfllflTI work
or services attendant to this contract.) Contractor shall not he held responsible fl)r any losses,
expenses, claims, subrogations, actions, costs. judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in (()fee:
(j. ruh-wrb~'llgdL'p(-;ld1l1in LN(jIN ITR PROJECT2U{1.'\ (J)-1.j ('{'1\lr<l(\ l'il\l[ RllCkdlll'
6.1 General Liability. A comprehcnsive gencralliability policy including coveragc
t(lr contractual liability for obligations assumed undcr this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and
comprehensive automobile liability including owned and non-owned automobiles. The liability
under each policy shall be a minimum of $500.000 per occurrence (combined single limit for
bodily injury and property damage claims) or 5500.000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis.
6.2 Worker's Compensation. Worker's compensation insurance in compliance with
ORS 656.017, which requires subject employers to provide Oregon workers'
compensation coverage for all their subject workers.
6.3 Automobile Liability. Automobile liability insurance with a combined single
limit, or the equivalent, of not less than S 1.000,000 for each accident for Bodily Injury
and Property Damage, including coverage for owned, hired or non-owned vehicles, as
applicable.
The City of Ashland, its otticers, employees and agents shall bc named as additional insureds on
each required insurance policy. Contractor shall submit ccrtificates of insurance acceptable to the
City with the signed contract prior to the commencement of any work under this ab'Tcement.
These certificates shall contain provision that coverage afttmled under the policies can not be
canceled and restrictive moditieations cannot be made until at least 30 days prior written notice
has been given to City. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies. trust agreements, etc. shall be provided to the
City. The Contractor shall be financially responsible for all pertinent deductibles, selfinsured
retentions and/or selt~insurance.
7. Compliance with Law:
7. I. This contract will be governed by and construed in accordance with laws of the State
of Oregon. Contractor shall promptly observc and comply with all present and future
laws, orders, regulations, rules and ordinances of federal, state, City and city
governments with respect to the serviccs including, but not limited to, provisions of ORS
279C.505, 279C.515, 279C.520 and 279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who perflJITnS
work under this contract shall be paid at least time and a half pay t()r aU overtimc in
excess of 40 hours in anyone week, exccpt tor persons who are cxcluded or exempt horn
overtime pay under ORS 653.010 to 653.261 or under 29 U.S.c. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that
Contractor has workers' compensation covcrage required by ORS Chapter 656. [f
Contractor is a carrier insured employer. Contractor shall provide City with a certiticate
of insurance. If Contractor is a selt~insurcd employer, Contractor shall provide City with
a certification from the Oregon Departmcnt of Insurance and Finance as evidence of
Contractor's status.
7.4. Any claim, action. suit or proceeding (collectively, "the claim") betwccn the City
(and/or any other or departmcnt of thc State of Orcgon) and the Contractor that arises
from or rclates to this contract shall be brought and conducted solcly and exclusively
(j: puh-\vrb cng dl'Phldlllin F\GI\f'TR f'f{OJI-TT ~(J()S 0),_\1 Ci'Jllral't l'il(ltl{(ld;JOl:
within the Circuit Court of Jackson County f()r the State of Oregon. lt~ however. the
claim must be brought in a federal forum, then it shall be brought and conducted solcly
and exclusively within thc United States District Court f()r the District of Orcgon tiled in
Jackson County, Oregon. Contractor, by signature hcrein of its authorized reprcsentativc,
hereby consents to the in personam jurisdiction of said courts. In no event shall this
section be construed as a waiver by City of any form of defense or immunity, based on
the Eleventh Amendment to the United States Constitution, or otherwise, from any claim
or from the jurisdiction.
R. Default: A defilUlt shall occur under any ofthe following circumstances:
8.111' the Contractor fails to begin the work under contract within the time specitied, or
fails to pert()rm the work with sufficient workers or equipment or with sufficient
materials to insure tbe prompt completion of the project, or shall neglect or refuse to
remove materials or perform anew such work as shall be rejected as defective or
unsuitable, or shall discontinue the prosccution of the work.
8.2 If the Contractor shall become insolvent or deelarcd bankrupt, or commit any act of
bankruptcy or insolvcncy, or allow any final judgment to stand against the Contractor
unsatistied for a pcriod of f()rty-eight (4R) hours, or shall make an assignment for the
benefit of creditors.
8.3 From any other cause whatsoever, shall not carryon the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes undcr the Contract;
R.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license,
eertiticate or certification that it required to pert()rm the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rigbts and remedies to which tbe City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and
appropriate or use any or all ofthe materials and equipment on the ground that may be suitable
and acceptable and may cause a contract for the completion of this contract according to its tenns
and provisions, or use such methods as required for the completion of the contract, in any
acceptable manner. All costs and charges incurred by the City together with the costs of
completing the work under the contract, shall be deducted from any money due or which shall
hecome due the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by th,~
Contractor, then the Contractor shall be entitled to recei ved the di fference less any damages tor
delay to which the City may be entitled. In case such expense shall exceed the sum which would
have been payable under the contract, the Contractor and the surety shall be liable and ab'fee to
and shall pay the City the amount of the excess with damages t()r delay of performance, if any.
10. Tennination:
10.1 Mutual consent. This contract may be temlinated at any time by mutual consent of
both parties.
(J: puh-wrb l'llg Jl:pl-admin f-\-(jINLLR. PROJlCT20(511)".n C"lllr~ll't l'ill1! R\lc:k.dtlC
10.2 Citv's Convenience. This contract may be tenninated at any time by City upon 30
days' notice in writing and delivered by certified mail or in person.
10.3 For Cause. City may terminate or modify this contract, in whole or in part,
ctfeetive upon delivery of written notice to Contractor, or at such later date as may be
established by City under any ofthe f'Jllowing conditions:
a. IfCity funding from federal, state, county, or other sources is not obtained
and continued at levels sufficient to allow tor the purchase of the indicated quantity of
servIces:
b. lffederal or state rcgulations or guidelines arc modified, changed or
interpreted in such a way that the services arc no longer allowable or appropriate tor
purchase under this contract or arc no longer eligible for the funding proposed tor
payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by
Contractor to provide the services rcquired by this contract t()f any reason denied,
revoked, suspended, or not renewed.
lOA For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a
breach of the contract by the other. Prior to such tcnnination the party seeking
termination shall give to the other party written notice ofthe breach and intent to
terminate. If the party committing thc breach has not entircly cured the blreach within
15 days of the date of the notice, or within such other period as the party giving notice
may authorize or require, then the contract may be terminated at any time thereafter
by a written notice of termination by thc party giving notice.
b. Time is of the essence ti)r Contractor's performance of each and every
obligation and duty under this contract. City by written notice to Contractor of
default or breach, may at any time terminate the whole or any part of this contract if
Contractor fails to provide services called for by this contract within the time
specified herein or in any extension thereof.
c. The rights and remedies of City provided in this subsection (lOA) are not
exclusive and arc in addition to any other rights and remedies provided by law or
under this contract.
10.5 Obligation/Liabilitv of Parties: Termination or moditieation of this
contract pursuant to subsections 10.1, 10.2, 10.3 and lOA abovc shall be without prejudice to any
obligations or liabilities or either party already accrued prior to such tem1ination or modification.
However, upon receiving a notice of termination (regardless whether such notice is given
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 of this section, Contractor sball immediately
ceased all activities under this contract, unless expressly directed otberwise by City in notice of
termination. Further, upon tem1ination, Contractor shall deliver to City all contract doeumcnts,
information, works-in-progrcss and othcr property that are or would be dcliverables had thc
contract been completed. City shall pay Contractor ti)r work pertimncd prior to the tennination
datc if such work was pertlmned in accordance with the Contract.
11. Funds Available and Authorized: City has sufficient funds currently available and
authorized for cxpenditure to finance the costs of this contract within the City's tiscal year
budget. Contractor understands and agrees that City's payment of amounts undcr this contract
attributable to work performed after the last day of the current fiscal year is contingcnt on City
(i PUh-WTb l'n:sdl'Phldl11in I'\;(j]\ I-'FR.PROJECT 2(1()~ Il_'i-'U ('dJl(ran I'illlt R,H:kduL
appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discrction, to continuc to make payments under this contract. In the
evcnt City has insuffieicnt appropriations, limitations or other expenditure authority, City may
ternlinate this contract without penalty or liability to City, effective upon the dclivery of written
notice to Contractor, with no further liability to Contractor.
12. Prevailing Wage Ratcs: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1 perccnt) of price of this Contract. The fee shall be paid on or before the first progrcss
payment or 60 days from the datc work first begins on the Contract, whichever comes first. The
fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwisc delivered to
thc Bureau at the /(lllowing address:
Burcau of Labor & Industries
Wagc & Hour Division Prcvailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions ofORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $IS,964 or more, and Contractor
is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of thc
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all cmployees
performing work under this contract and to any subcontractor who performs SO% or more of the
work under this eontract. Contractor must post the attached Living Wage noticc predominantly in
areas where it will bc seen by all employecs.
14. Belore starting Work, the Contractor and subcontractor shall caeh file with the
Construction Contractors Board, and maintain in full force and effect, a separate public works
bond, in the amount of $30,000 unless otherwise exempt, as required by ORS 279C.836 and
OAR 839-02S-00 IS. The contractor shall verify subcontractors have filed a public works bond
before the subcontractor begins Work.
IS. Assignment and Subcontracts: Contractor shall not assign this contract without the
written conscnt of City. Any attempted assignmcnt without written consent of City shall be void.
Contractor shall be fully responsiblc for the acts or omissions of any assigns or subcontractors
and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City.
Contractor may not substitute any subcontractors from the submitted list of First-Tier
Subcontractor Disclosure Form without written consent of thc City, or by f(lllowing the
procedurcs ofORS 279C.S8S and OAR 137-049-0360.
16. Governing Law: Jurisdiction: Venuc: This contract shall bc govcrncd and construcd in
accordance with thc laws of the Statc of Orcgon without resort to any jurisdiction's conflict of
laws, rulcs or doctrines. Any claim, action, suit or proceeding (collectivcly, "thc claim")
bctwcen thc City (and/or any other or department of the Statc of Oregon) and thc Contractor that
ariscs from or rclatcs to this contract shall bc brought and conductcd solely and cxclusively
(j: PUh-\Hb ~.l1glkpt"aJlTlill Fl\j(jI'Fl~R PROJECT 2()1).'i(J)-:n CUlltlad Pilpt R')Lk.d\l~'
within the Circuit Court of Jackson County f(lr the State of Oregon. If; howevcr, the claim must
be brought in a federal f()rum, then it shall be brought and conducted solely and exclusively
within the United States District Court for thc District of Oregon filed in Jackson County,
Oregon. Contractor, by the signature herein of its authorizcd reprcsentative, hereby consents to
the in personam jurisdiction of said courts. In no event shall this section be construed as a
waiver by City of any f()fm of defense or immunity, based on the Eleventh Amendment to the
United States Constitution, or otherwise, from any claim or from the jurisdiction.
17. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH
WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL
OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT,
AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
1 X. Prior Approval Required: Approval of the City of Ashland Councilor Public Contracting
Officer is required bef(lfe any work may begin under this contract.
CONTRACTOR
CITY OF ASHLAND
By:
By:
Lee Tuneberg
Administrative Services Director
Signature
Printed Name
Its:
REVIEWED AS TO FORM:
By:
Legal Department Date:
REVIEWED AS TO CONTENT:
By:
Date:
Department Head
Coding"
tFur City ust.' only)
(j puh-\\ i'k.~ l'llg dl'PI-adlllill !-:~(j[~ I:ER PRO') LeT 2111)'i O'i- "I _l C. 11111';\<.:1 Pil,]l R(1l"k.dll~-
r )J' -
NO I i I I UNIT PRICE AMOUNT
DESCRIPTION I QTY. i UNIT (FIGURES)
i
Mobilization and Traffic Control
Mobilization i$ $10,000.00
for Dollars LS
1
Temporary Work Zone & Traffic Control, Complete 1$ I $2,30000'
for Dollars LS I
2
Erosion & Sediment Control 1$ $1,50000
Dollars
3 for LS i
Roadwork
Removal of Structures and Obstructions $7,500 $7,500.00
4 for Dollars LS ---~---
.- T$6,29,2(j'0' -
Earthwork $26
5 for Dollars 242 CY -t--.--.------
Subgrade Geotextile Dollars $1.50 I $1,09050
6 for 727 SY
Utilities
6" HDPE Storm Drain Pipe I
$30 ~~~=OOO___
7 for Dollars 5 LF ------
12" HDPE Storm Drain Pipe 1$60 ~~~~).O~______.
8 for Dollars 19 LF
,
18" PVC Storm Drain Pipe '$80 + $880.00
9 for Dollars 11 LF -. - _._.._-~.__._-- ^----- ._-~_..-
-'--'-
18" HDPE Storm Drain Pipe $65 I $1,820.00
10 for Dollars 28 LF . i
24" PVC Storm Drain Pipe 1$95 $7,885.00
11 for Dollars 83 LF
24" HDPE Storm Drain Pipe 1$88 $76,032.00'
12 for Dollars 864 LF i .....
..... C'
36" HDPE Storm Drain Pipe i $200 $2,00000
13 for Dollars 10 LF ,
8" PVC SDR.35 (D3034) Sanitary Sewer Pipe 601 $56 $33,65600
14 for Dollars LF
48" Concrete Sanitary Sewer Manhole i
i $3600 $3,600.00
for Dollars 1 EA
15 ------
48" Concrete Storm Sewer Manholes ,
I $3200 $12,800.00
16 for Dollars 4 EA
----
60" Concrete Storm Sewer Manholes I $4000 $12,00000
17 for Dollars 3 EA
REVISED AS NEGOTIATED ON 9/07/2007
BID SCHEDULE A
2007 Utility Construction
8th Street/Blaine/E. Main Improvements
P o"ect No 2005 33
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05_33 Negociated Sch A & B 9 7 07.doc
I UNIT PRICE !
NO DESCRIPTION QTY. UNIT I (FIGURES) , AMOUNT
. - -~ l-- ....... ^-- --------
72" Concrete Storm Sewer Manhole ! $n00 I ".20000
18 for Dollars 1 EA
- ----- ---- --- - - - --
Area Drains 1$875 $1,75000
19 for Dollars 2 EA I -----
--- -- - -- - --- ----
Sanitary Sewer Lateral Relocate (21 X 10') I $450 I $9,450.00'
20 for Dollars 21 EA _1 m....__.._._.... ..1______ ____ - -...---.,. "------,
Bypass Pumping Sanitary Sewer ! i
Dollars ! $6500 I $6,500 00
21 for LS ---~-_. -----------------------------
Connect to Existing Sanitary Sewer Manhole $1200 $1,20000
22 for Dollars 1 EA ,
Bases
3/4" -0 Aggregate Base Dollars $35 $8,470.00
23 for 242 TON
Wearing Surfaces
Level 3,1/2 Inch HMAC Mixture $112 $13,776.00
24 for Dollars 123 TON -.-..-.-..-....-
-----------
Concrete Drop Curb $25 $325.00
25 for Dollars 13 LF ... ...........
Concrete 16" Standard Curb $25 $32500
26 for Dollars 13 LF ----~.~-- -.-. ....-- -.. ---.-
Trench Patching 1$56 $13,496.00
27 for Dollars 241 SY
SCHEDULE A BID TOTAL $243,137.50
ORIGINAL BID TOTAL $280,735.50
DIFFERENCE - $37,598.00
. Price negotiated from original bid
ENGINEER'S ESTIMATE $237,865.50
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05_33 Negociated Sch A & 8 9 707.doc
rOlec o. -
, I UNIT PRICE i AMOU NT
NO i DESCRIPTION QTY. UNIT (FIGURES) 1
Mobilization and Traffic Control
Mobilization $20,000 $20,00000
for Dollars LS
1
Temporary Work Zone & Traffic Control, Complete $35,000 $35,000.00'
2 for Dollars LS
Erosion & Sediment Control $3,500 I $3,50000'
for Dollars LS
3
Roadwork
Removal of Structures & Obstructions $7,500 $7,50000
4 for Dollars LS ----- '._~'----------'---~'--
Earthwork $26.36 $70,001100'
5 for Dollars 2655.5 CY -~--- ---..--------.---
~-----
Minor Adjustment of Manholes $750 $750.00
6 for Dollars 1 EA . ~-~-_.._--_.._-
-'-~--
Adjusting Boxes $150 $1,20000
7 for Dollars 8 EA _._-._~ --- - ---- --- ---
Replace Survey Monument & Monument Box $250 $1,25000
8 for Dollars 5 EA .. .-
Subgrade Geotextile $1.50 $4,60350
9 for Dollars 3069 Sy
Utilities
4" PVC SDR-35 (D3034) Storm Drain Pipe $28__ J~2,~0~00.
10 for Dollars 93 LF -""~----_.._,...,-_.-
6" HOPE Storm Drain Pipe I
$32___l $2,560~~
for Dollars 80 LF
11 - --- -------..,--
12" HOPE Storm Drain Pipe i $42 1 $19,40400
12 for Dollars 462 LF I . ----.-
i ____00, ~____.__._.__.__.__
8" PVC SDR-35 (D3034) Sanitary Sewer Pipe LF J$58 : $5,68400
13 for Dollars 98 L .-- -
15" PVC SDR-35 (03034) Sanitary Sewer Pipe 746 I $64 ! $47,744.00
14 for Dollars LF
I i $1,71600
18" PVC SDR-35 (03034) Sanitary Sewer Pipe , i $52
15 for Dollars 33 LF J
,
48" Concrete Sanitary Sewer Manholes I
i $3,500 $24,50000
16 for Dollars 7 EA
60" Concrete Sanitary Sewer Manholes I $5,600.00
i $5,600
17 for Dollars 11 EA I
. - --
BID SCHEDULE B
2007 Utility Construction
A Street Improvements
P t N 2005 33
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT'2005\05_33 Negociated Sch A & 8 9 707,doc
,
NO '
DESCRIPTION
i ' UNIT PRICE '
, OTY. I UNIT (FIGURES)
AMOUNT
48" Concrete Storm Sewer Manholes
18 for
4" Storm Drain Clean Out
19 for
Concrete 4A Curb Inlet
20 for
Concrete 2 1/2A Curb Inlet
21 for
lynch Type CB
22 for
5" Channel Drain
23 for
12" Channel Drain
24 for
SS lateral Relocate
25 for
Bypass Pumping Sanitary Sewer
25a for
Connect Roof Drain
26 for
Trench Patching
27 for
Bases
Dollars 6
Dollars 4
Dollars 2
Dollars 1
Dollars 2
Dollars 55
Dollars 20
Dollars 309
Dollars 1
Dollars 3
Dollars 110
I
i $3,200
EA,
i $300
EA I __._____
,
$19,20000
$1,20000
.-.-1-----.--------
,
I $1,300 , $2,60000
EA '_ ...1_
I I
i $1,100 i $1,100.00
EA' ____.,,_________
$950 , $1,900.00
I
EA . ___j-________ _____
$86 g' $4,730 00
LF I $170 $3,400.00 -----
LF ___ __ _____
LF $90___~:'.'81-0:~~-----
$,5000 I $5,000.00
I
.
LS
.
I $500 $1,500.00
EA _______j-- ____ ____ ____
$56 $6,160.00
SY
3/4"-0" Aggregate Base Dollars 1023 $30 $30,6BO.00
28 for TON .--..
4" -0" Aggregate Base Dollars 3973 $27 $10,7U1.00
29 for TON
Wearing Surfaces
level 3, Y, Inch HMAC Mixture
30 for
Concrete Curb and Gutter
31 for
Concrete Mountable Curb and Gutter
32 for
Concrete 16" Standard Curb
33 for
Concrete Valley Gutter
34 for
Concrete Sidewalks
35 for Dollars
Concrete Sidewalks With Thickened Edge
36 for
Concrete Sidewalks Ramps Type B
37 I for
Dollars
844
Dollars
269
Dollars
Dollars
113
Dollars
333
1264
Dollars
100
Dollars
53
$100 $84,40000
TON ______ _ _____m__
$25 I $6, 72~).00
LF I
$25 $1 ,32~;.00
~: $2:~n___t2~~~; O~-
$15 ! $4,9%00
SOFT I '
1
I $6.50 i $8,2HlOO
SOFT i +_
I
I $750.00
----
SOFT
$750
1-- __
...
4
$675
EA i
: $2,70000
L
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05_33 Negociated Sch A & B 9 707.doc
I i UNIT PRICE ,
NO I DESCRIPTION OTY. UNIT I (FIGURES) AMOUNT
, '---- t-- -.
Commercial Driveway Apron , $95 $3230.00
38 for Dollars 340 SQFT I
Extra For AC Approaches - I-
i $400 $400 00
39 for Dollars 1 EA i
Stri~ng
Painted Permanent Pavement Striping, Complete I Deleted i $0*
39 for Dollars 1112 LF I (by City) I
Painted Curb Deleted ..I-;~: ..... ..
40 for Dollars 264 LF (by City)
+------ ...._n_
Thermoplastic, non-profile, 120 MIL, extruded Deleted I $0'
41 for Dollars 101 LF (by City) I
----------t----------.--- ---_._-_.----~--
Pavement Line Crosswalks Deleted I $0'
42 for Doliars 432 SF (by City) L__________
Type "W11-2" Signs in Place $52 I $650.00
43 for Dollars 12.5 SF_--t;----- --------
Type "W16-2" Sign in Place $62 $186.00
44 for Dollars 3 SF i i
Pipe Sign Posts . . ----t--------------------
45 for Dollars LS $700 I $700.00
SCHEDULE B BID TOTAL $583,278.50
ORIGINAL BID TOTAL $638,216.50
DIFFERENCE - 54,938.00.00
. Price negotiated from original bid
ENGINEER'S ESTIMATE $469,454.50
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05_33 Negociated Sch A & B 9 707doc
BID SUMMARY
SCHEDULE A: 8TH /BLAINE/E. MAIN IMPROVEMENTS
SUBTOTAL $ 243,137.50
SCHEDULE B:ASTREET IMPROVEMENTS
SUBTOTAL $ 583,278.50
REVISED PROJECT 2005-33 TOTAL BID: $ 826,416.00
ORIGINAL TOTAL BID: $ 918,952.00
DIFFERENCE: $92,536.00
Acknowledged by
Pilot Rock Representative
Accepted by City of Ashland by
Paula Brown
Public Works Director
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\200S\05_33 Negociated Sch A & B 9 707.doc
CITY OF
ASHLAND
Council Communication
Mayor's Appointments to Various Commissions
October 2, 2007 Primary Staff Contaet: Barbara Christensen
City Recorder E-Mail: christeb@ashland.oLus
Secondary Contact:
Martha Benne Estimated Time: Consent Agenda
Meeting Da.te: yv
Department: l1
Secondary Dep!.:
Approval:
Statement:
Confirmation by Council of the Mayor's appointments for the following Commissions:
Forest Lands - Ben Rice with a term to expire 4/30/20 I 0
Forest Lands - Craig Gorson with a term to expire 4/30/2009
Housing Commission - Graham Lewis with a term to expire 4130/20 I 0
Tratlic Safety Commission - Eric Heesackcr with a term to expire 4130/2010
Staff Recommendation:
None
Background:
These vacancies were created by resignations of previous members. Notice was made in our local
newspaper and on our eity website. No other applications were received lor these positions.
Related City Policies:
Mayor is directed by Ashland Municipal Code and by a Resolution associated with the various
Commissions to make appointments with confirmation by the City Council.
Council Options:
Approve or disapprove Mayor's appointments.
Potential Motions:
Motion to approve appointment of Ben Rice and Craig Gorson to the Forest Lands Commission with
terms to expire 4/30/2010 and 4/30/2009 respectively, Graham Lewis to the Housing Commission with
a term to expire 4/30/2010 and Erie Heesacker to the Traffic Safety Commission with a term to expire
4/30/2010.
Attachments:
Applications received.
hlgl" 1 or I
~.t. 1
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City lIall, 20 E Main Street, or emai] cbri,lctJ@ashland.orus. ]1' you have any questions,
please feci free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Namc._Ren Rice
Requesting to serve on: _ Forest Lands Commission
(Commission/Committee)
Address 20 I N Laurel. Ash]and. OR 97520
Occupation Forester (Forest Ecologist_
Phone: Home 20]-3875
Work
~._-------
Emai] QeniamriceCa1vahoo.c!lfl1
Fax
I. Education Back2round
What schools have you attended? Indiana University Bloomington, Oregon State
University _____..___ _.______
What degrees do you hold? BA Germanic Studies with Minor in Public and
Environlll,,!'taL6/rairs, MS Forest Science
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appo'lIlted to
this position? Through my work experience] have developed in depth know]edl~e of
forest and shrub sy~t~msincluding eco]ogyJoLesLhealth, invasivtU'.1!!,~,specialg.Ml!s
species management and biological control.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminaro? Why? Yes. Further training could help m~
deve]op and enhance skills relevant to the work of the Forest Lands Commission.
JIr..,.
.~~
3. Interests
Why are you applying for this position? I believe that I could make substantive
contributions to the work of the Forest Lands Commission.
4. A vailabilitv
Are you available to attend special meetings, in addition to the regularly scbeduled
meetings? Do you prefer day or evening meetings? Yes. Availability better in the
~Y~l11llg________
5. Additionallnformation
How long have you lived in this community'!
Lmonths
Please use the spaee below to summarize any additional qualifications you have f(lr this
position
9112107
Date
i4/L
Signature
~.l'
Ben Rice
310 N Laurel St
Ashland OR 97520
benjamrice@yahoo.com
541-201-3875
/~{;@
<'" ~7,>f?"
<J/_P '0 l'/j2"
& I:' 1 ;} loo; 1
To Whom It May Concern:
I have recently relocated to Ashland and I am interested in participating in the Forest
Lands Commission. I have spoken with the members of the Commission and I am
impressed with the members' commitment and the Commission's quality of work.
Ashland is extremely lucky to have such an engaged, productive and thoughtful Forest
Lands Commission. As a Forest Lands Commission member, it is my hope to provide
valuable contributions to the Commission's work from the perspective of an interested
citizen and a natural resource professional. Please feel free to contact me should you
have any questions.
Sincerely,
o 1/7.
.I~ /~
Ben Rice
'.
'.
Sep-04-07 11:11A
PoOl
CITYOF
ThJi:b@~TI'Wi:bJ ASH Li\.N D
\ill, SEP - i\ 2001 PLICA nON FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
BY: ____u______u____u
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email chrislebrl7'ashlan<!.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name
C ~A/ G-
r; 0 If~lOW
Requesting to serve on: rrJ I~ B T Ljl A!Il ~ (Commission/Committee)
Address I 0 0 {) C I If 'I 5 I' lis It /, << d
Occupation 151'1/5>.} C L e~~/"'6 (rJVTlt./Crf,(f!me: Home +tlJ'3- 716 q
4('omt?vlJ/I I!-Pflli"" j}0IY'Y'~5 Work tJ;2/- ,~J7Jj
/ Email f1..-/I d <' ""'_ft!._J1fjJ( /' ,
Fax <<-.g'jf-"7""'l -(;a//
1. Education Backl!round
What schools have you attended?
vV';
::5- /r'(
What degrees do you hold?
vIII II, 0 F' HI/fHI
_13.)~A - Q L' (){ '11 ..( / '>?':I
What additional training ()r e cation have you h~d that would apply to this position?
() rJ JC (' .. Y/hUJ ':t v-t' I /1.1/ V[-IN# a..55~.fS'IIJ(l .
/fT'(~I'Ij}t!-/1l ~l-1-r 1/1fI'.f'/-PIJ' d -101/""<// I.f--Jlwr,J...,/
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? / _ I / /
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as attending conferences or seminars? Why? /.{ tJ r ce k Jfow./lu ~:? ~j If -lit / '>
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3. Interests
Why are you applying for this position? '{ j.J eJ! E /5'
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4. Availabilih'
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? {? (-/ A-,t" 0)::, .~:r: 5CP-/
nt'l () lV'11 ~ (Jv/v/~ c:0u v iP 0 r). .
50 Additionallnformation
How long have you lived in this community?
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Please use the space below to summarize any additional qualifications you have for this
position /J /
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Sign
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\ill, SEP - 4 2001 lID
BY: ______u______u____
rn ~~~ITW~mi
ill AUG 1 6 2007 l1JJ
CITY OF
ASHLAND
BY: -nnn_n_nn_nn
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, Of cmail ch!DJch:Zf;J~JlJ~l!1~i_~ls. I f you have any questions.
please feel free to contact the City Recorder at 488-5307, Attach additional sheels if
n ct'cssa r)'.
Name_~~_[12L~_Lj}_~_-LS___, _,___
Requesting to serve on: _~thl~- LA'f- ___ (Commission/Committee)
Addrcss__/S~__AJ ,--8-8- Al~- ___ __
oecu,pation_Q~,'Q "'~" I('~,,' ~. hC";Il,~1 S~,/,','~'d, _2-. -2.' -'_,0,_, 7-~
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What schools have y'ou attended? '~' 1" .s. ,I, I cJ- co ~
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\Vh3t,additio,nal training, or eg,ucation t,lav/e you had that would apPI,Y,, to this rositio, n,?, ',,' I
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2. Related Experience
What prior work experience have you had that would heir you if you were appointcd to
this position') I! /? / I /~, cf
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Do you feci II would be advantageous lor you to have furt ).f lra1l1111g 111 t IS IC ,suc
as attending confcrences or semmars? Why? _~_':JY~{IZ<-4'yl___./ >--.;-_
C' _ C~( C' ~d-j5:X-0-SL_-i Z~ ~ (7d.n '" V' ~
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APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
CITY OF
ASHLAI.ND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(gJashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name ft2.,~___ _______
Requesting to serve on: IRMfII ,~~f{{;)51{JN
(Commission/Committee)
Address ItJUJJ1t~ St,,~r,dy.J~qliUJ
Occupation~r.TAnON ftj;JA)fL Phone: Home &/1- Lf8Z-~(t0:~_
. /Work "NI-WIf'Ia.trJ't-_
P6ct SI)l/o+~ Email C2f.iL_I1{t...fi.LI~<JI. (~
Fax .2:lJ -(P(P'f-1t12l_
1. Education Background
What schools have you attended? UN~Y-Tht\;POR.1lAt1\) STMf U~h/.) ~ Clv/'UJ:.j 6f"''1) CtW')liJ iLAliv.
What degrees do you hold?t"S, r(;'f0~Y,s', 1'01..--\ TIGA~ S: I W:t i HA.STt1~~ PtlvJJJIJJ~;
liAsnt.S fj)ucATIDVAt.- t\'i)/{W-4tNl21Na_
What additional training or education have you had that would apply to this position?
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2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
jEt "AJ)DmmJAI/ IfAtNlAJ4 'I A8h/E MJD 1\1Ql-{}fff)
l1/1rU.. Of- l~rUfj,L____n
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why') J!l::j?Qyg...sLJutTltUlTf(Mk4;')(7 I'>
N>IJAJJTfi4f:.o6_tNfr."T MI1HISWlJ-Ufb<8&t LV~TII- ltir \\5At;[I, I~
luttJ bV~N AN Dft~ ~ /1fi.t MW~1(. To :nu stev~?
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3. Interests
Why are you applying for this position? :L1tAvY, ')f~AI ,A-Ii/.,;W- A<Nh-t> C IT'(
CbHI/(Y,/D"JIcIJ#I1Irrf;L VAt,wcLEb-hJ1L-hJ:,L ,'[.A!1 /1)5T ~~(ftfj)
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4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? f. flj,'f ~r MliI.+f>w m ~
~~ ON lJHf~JliJlif:;?f'-.1JJTH rt E~lTllif :J~f)1 L l/!Hi~ ti/f44 #ft:rttJ!;S.
5. Additionallnformation
How long have you lived in this community?
~~ ,'lAftt .cqlnfzaR-
Please use the space below to summarize any additional qualifications you have h)r this
positio
7T~ IlllTMlq + 'i2t'iutl.f-
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Date
;;;; ~//
-.- .
Sig ature
r~'
Monday/8/20/2007
Barbara Christensen
Ashland City Recorder
Ashland City Hall
20 E. Main St.
Ashland, OR 97520
RE: LETTER OF INTEREST:APPOINTMENT TO TRAFFIC SAFETY COMMISSION
This letter of interest is written to fulfill a requirement for appointment to Ashland's
Traffic Safety Commission (TSC). Also attached is a completed application for the
appointment and an unsolicited resume that highlights my educational and professional
backgrounds in the field of transportation planning.
I have recently relocated to Ashland and desire appointment to a public body in order to
contribute to my new community. Having perused all the commission vacancies within
the city, I feel that my credentials have best prepared me for appointment to this
particular commission.
I have quite a history in the field of transportation planning with my latest position in the
field starting on August 31, 2007 with the Rogue Valley Council of Governments as a
transportation planner.
Aside from obvious interest related to my educational/professional training in this area, I
am also an avid bicyclist. I see on the city's website that the TSC is responsible for
pedestrian/bicyclist coordination as they relate to vehicular circulation. The safc
integration of multi modes of transportation is critical in my view, and will become much
more important as more and more people utilize more modes of transportation to get
around with the increasing costs of fuel.
Having recently moved from a rural area very involved with community spirit, it is my
intent to attempt to contribute something to my new home. What better way than to share
my expertise and desires in an area suited to my qualifications? I look forward to hearing
from somebody at the City of Ashland soon regarding this application. Thanks for taking
the time to review my application, credentials, and this letter of interest.
l~er~/
Eric Heesackcr
1520 Windsor St.
Ashland, OR 97520
541-482-6034
Email: eric.heesackcr@gmail.com
CITY OF
ASHLAND
Council Communication
Approval of a Contract for Update the Transportation System Plan /, .
Meeting Date: October 2,2007 Primary Staff Contact: Paula Brown, 552-2411/:1-',.(-~
Departmcnt: Public works/EnginhCring E-Mail: brownp@ashland.or.us
Sccondary Dcpt.: Legal I Finance Secondary Contact: Lee Tuneberg, 552-2003
Approval: Martha Benne Estimated Time: Consent Agenda
/
Statement:
This item is being presented for Council approval to award the contract to Update the Transportation
System Plan and Capitallmprovcments Projcct List to HDR Engineering, Inc. in the amount of
$116,460. Any contract ovcr $75,000 requires Council approval prior to award.
Staff Recommendation:
Staff recommends Council approve award of the contract to Update the Transportation System Plan
and Capital Improvements Project List to HDR Engineering, Inc. in the amount of$] 16,460, and
authorize Lee Tuneberg, Finance Director, to sign the contract.
Background:
Staffrcquested proposals for professional serviccs for the Update of the City's Transportation Systcm
Plan (TSP) and Capital Improvements Project List. Proposals were due on August 27, 2007. The City
received two proposals from qualified firms; HDR Engineering lnc and DKS Associates, Inc. A staff
review committee mct on August 3],2007 and sclccted HDR, Inc. as the best qualified for the project
work and provided written intcnt to award to HDR, Inc for the proposed amount of$]] 6,460. HDR's
proposal estimates completion by the end of January 2008. During the initial kick-off meeting, staff
provided verbal notice to proceed so that the project could be kept on schedule, with the understanding
that formal Council approval was to be sought at the next Council meeting.
This projcct includes:
. Review of the City's] 998 TSP (W&H Pacific, May 1998)
. Update TSP Chapter 4 ~ Existing Conditions and Constraints
. Evaluate thc City's Preventive Maintenance System (PMS) Project list
. Review street maintenance schedules and recommend appropriate improvements
. Update TSP Chapter 9 ~ Needed Transportation System improvcments; this sccllion will includc
public mectings
. Prioritize and update the transportation Capital Improvements Project (C]P) List and update all
construction cost cstimates based on the Chapter 9 updates and thc City's PMS Project List
. Update and Complete Transportation SDCs
Related City Policies:
City Contracting and Purchasing Policies
Transportation System Plan
Transportation Element of the Comprehensive Plan
Capital Improvements Plan and FY 2007-08 Budget
Page 1 of2
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~.1II
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CITY OF
ASHLAND
Council Options:
1. Council may elect to approve award ofthc contract to Update thc Transportation System Plan
and Capital Improvements Project List to HDR Enginecring, Inc. in the amount of$116,460,
and authorize Lee Tuneberg, Finance Director, to sign the contract. Approval of the contract
will allow the City to continue with the project under current time frames and budget.
2. Council may elect to reject award of the contract.
Potential Motions:
I. Council moves to approve award of the contract to Update the Transportation System Plan and
Capital Improvements Project List to HDR Engineering, Inc. in the amount of$116,460, and
authorize Lee Tuneberg, Finance Director, to sign thc contract.
2. Council moves to delay or reject approval of thc contract pending further information to be
provided by staff.
Attachments:
Contract
Pugc:2 of2
G:\pub-wrks\admin\PB Strects\CC Approve HDR Contract TSP SDC Upd<ltc 10 07.doc
~~,
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: HDR ENGINEERING INC.
City Hall Address: 1001 SW 5TH AVENUE STE 1800
20 E. Main St. PORTLAND OR 97204-1134
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/423-3700
FAX: (541) 488-5311 FAX: 503/423-3737
Date of this agreement: ~ B: RFP date: JULY 24, 2007
SEPTEMBER 18, 2007 Proposal date: AUGUST 27, 2007
~2.2. Contracting officer: Paula C. Brown, PE
~2.4. Project: Transportation System Plan Capital Improvement Project Update
~6. Consultant's representative: Claude Sakr, PE
~8.3. Maximum contract amount: NTE $117,000.00
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for
the project described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to
provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this
contract. Consultant covenants with the City to perform services and duties in conformance to and Gonsistent with
the standards generally recognized as being employed by professionals of consultant's caliber in the locality of the
project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other
interested parties in furthering the interests of City with respect to the project. In order to promote successful
completion of the project in an expeditious and economical manner, Consultant shall provide professional
consulting services for City in all phases of the project to which this contract applies, serve as City's professional
consulting representative for the project, and give professional consultation and advice during the term of this
contract. Consultant acknowledges that City is relying on consultant to provide professional consulting services in a
manner that is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 907.doc
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other
consulting services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and enol on completion
of all services required by this contract unless sooner terminated as provided in this contract.
4. Authoritv of Contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to authorize
services, transmit instructions, receive information, interpret and define City's policies and make other decisions
with respect to Consultant's services.
5. Consultinq Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements
relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as
City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of
services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information
needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written
authorization from the contracting officer for work described in the RFP. Consultant shall perform the services as
expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon request
of City, Consultant shall submit for City's approval, a schedule for the performance of work elements described in
the RFP. Each schedule shall include allowance for periods of time required for City's review and approval of
Consultant's services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally
accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional
compensation, correct or revise any error or deficiencies in the services that are caused by Consultant's
negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be construed to
waive any of City's rights under this contract or of any cause of action arising out of Consultant's services. In the
event of any breach of this contract by Consultant or negligent performance of any of the services, City's cause of
action against Consultant shall not be deemed to accrue until City discovers such breach or negligence, or should
have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be
construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation
provided by Oregon law.
6. Assiqnment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultant's representative in all communications and transactions
with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultant's employees to perform services if the requests are consistent with sound business and professional
practices.
7. Responsibilities of Citv:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or
control of City and are required by Consultant for performance of the services.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private
property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, an,j others
involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant
in performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by
City. No reimbursement will be made for expenses that are not specifically itemized in this payment schedule
without prior approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end
of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A
above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs worf. under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for
persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017.
Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage
required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a
certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a certification
from the Oregon Department of Insurance and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing
work under this contract and to any subcontractor who performs 50% or more of the service work under this
contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all
employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent
permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising out of
any reuse of plans, specifications and other documents prepared by Consultant without prior written authorization of
Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the services
which are adequate for evaluating Consultant's performance. Consultant shall maintain records in ~;uch a manner
as to provide a clear distinction between the expenditures and revenues related to the project and the expenditures
and revenues related to Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to
verify Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books
and records by a certified public accountant retained by City.
12. Indemnification:
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury
resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out of or
incident to the negligent performance ot this contract by Consultant (including but not limited to, the negligent acts
or omissions of Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any claims, actions, costs, judgments,
damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual 'liability
for obligations assumed under this contract, blanket contractual liability, products and completed
operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned
automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for
claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined
single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000
per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" cOVera[le will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signeel contract prior
to the commencement of any work under this agreement. Each certificate shall state that coverage afforded under
the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has
been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice
is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation
required by this contract within ten days after the other party gives written notice specifying the nature of the breach
with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely
cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act
or obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect
the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other
party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue
any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for
Jackson County.
15. Termination:
15.1 Mutual consent. This contract may be terminated at any time by mutual consent of both
parties.
15.2 Citv's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
15.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Contractor, or at such later date as may be established by City under any of the
following conditions:
a. If City funding from federal, state, county, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services;
G:\pub-wrksleng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc
b. If federal or state regulations or guidelines are modified, changed or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this contract or are no
longer eligible for the funding proposed for payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by Contractor to provide
the services required by this contract for any reason denied, revoked, suspended, or not renewed.
15.4 For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a breach of the
contract by the other. Prior to such termination the party seeking termination shall give to the other
party written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as the
party giving notice may authorize or require, then the contract may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
b. Time is of the essence for Contractor's performance of each and every obligation and duty
under this contract. City by written notice to Contractor of default or breach, may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this contract
within the time specified herein or in any extension thereof.
c. The rights and remedies of City provided in this subsection (15.4) are not exclusive and
are in addition to any other rights and remedies provided by law or under this contract.
15.5 Obliqation/Liabilitv of Parties: Termination or modification of this contract pursuant to
subsections 15.1, 15.2, 15.3 and 15.4 above shall be without prejudice to any obligations or liabilities or either party
already accrued prior to such termination or modification. However, upon receiving a notice of termination
(regardless whether such notice is given pursuant to subsections 15.1, 15.2, 15.3 and 15.4 of this sl=ction,
Contractor shall immediately ceased all activities under this contract, unless expressly directed otherwise by City in
notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information,
works-in-progress and other property that are or would be deliverables had the contract been comp!leted. City shall
pay Contractor for work performed prior to the termination date if such work was performed in accordance with the
Contract.
16. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to
finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's
payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is
contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discretion, to continue to make payments under this contract. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without
penalty or liability to City, effective upon the delivery of written notice to Consultants, with no further liability to
Consultants.
17. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
17.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
Recital A above.
17.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided
for the Consultant in Recital A above.
18. Assiqnment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each are
bound by this contract to the other party and to the partners, successors, administrators, assigns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultant's rights or obligations
under this contract without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc
1 g. Governinq Law; Jurisdiction: Venue: This contract shall be governed and construed in accordance with the
laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action,
suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State ot
Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and
exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be
brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States
District Court for the District of Oregon tiled in Jackson County, Oregon. Contractor, by the signature herein of its
authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this
section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to
the United States Constitution, or otherwise, from any claim or from the jurisdiction.
20. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS
OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES.
SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE
SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS
CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS.
21. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Lee T uneberg
Finance Director
Printed Name
Its:
Fed I D#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Date:
Department Head
Date:
Coding:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not
been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to
report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding.
Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform
the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contracllor also certifies
under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corpomtion
authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an
independent contractor as defined in the contract documents, and has checked four or more of the 'Iollowing
criteria:
(1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my
residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one year.
(6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by
the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the
labor or services to be provided.
Contractor
Date
G:\pub-wrks\engldept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc
Form W-9 Request for Taxpayer Give form to the
(Rev. January 2003) Identification Number and Certification requestl~"'. Do not
~partmen\of\heTlea5U')' send to the IRS.
Internal RevcrueSCf\/ice
oj Name
.
rn
"
~ Business name. if different from above
c
0
. . ....-------------1
~!5 o Individual! o Corporation D o Other'" o Exempt from backup
~:z Check approPfiate box: Sole propnetor Pilrtnership
" 0 withholding
o 2 -
'E'til Address (number, street. and apt. orsuite no.) Requester's name and address (optional)
'O:,E
"0
~ City, Slate. and liP code
.0
8-
'" List account number(s) here (optional)
.
.
V>
. TaxDaver Identification Number (TIN)
Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN).
However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on
page 3. For other entities, it is your employer identification number (EIN). If you do not have a number,
see How to get a TIN on page 3.
Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number
co enter.
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my COHect taxpayer identification number (or I am waiting for a number to be issued to me). and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (e) th,:;! IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.s. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return_ For real estate transactions. item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt. contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you arc not required to sign the Certification. but you must
provide your correct TIN. (See the instructions on page 4.)
Sign I Signature or
Here "u.s. person'" Date ...
Purpose of Form
A person who is required to file an information return with
the IRS, must obtain your correct taxpayer identification
number (TIN) to report, for example, income paid to you, real
estate transactions, mortgage interest you paid, acquisition
or abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
(including a resident alien), to provide your correct TIN to the
person requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding,
or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
Note: If a requester gives you a form other than Form W.9
to request your TIN, you must use the requesters form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person, use the
appropriate Form W-B (see Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However, most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after ttle recipient
has otherwise become a U.S. resident alien for t21X purposes.
If you are a U.s. resident alien who is relying 011 an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income,
you must attach a statement that specifies the following five
items:
1. The treaty country. Generally, this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax tre,aty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty article.
Cat. No. l0231X
Form W.9 (Rev. 1-2003)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc
CITY 01'
ASHLAr"D
Council Communication
11 th Annual Report on Implementation of the Valdez Principles
Meeting Date:
Department:
Contributing Depart.
Approval:
October 02, 2007
Electric
N/A
Martha Benn
I~
,
/
Primary Staff Contact: Dick Wanderscheid, 552-
2061 ~alldersd(a)ashland.or.lI~ ~.
Secondary Staff none
Estimated Time: 10 minutes
Statement:
The 10'h Valdez Principle requires an annual report on implementation. This is the 11'h annual report
submitted to the Council. It is not time sensitive.
Staff Recommendation:
None, for informational purposes only
Background:
The Ashland City Council adopted the ten Valdez Principles in May, 1990. The 10'h principal requires an
annual report on the progress of implementation. This is the 11 ,h report to Council. The report consists of
listing programs, initiatives and City activities that support each of the principles. It is an ongoing,
growing list with new items and descriptions added in Italics. Inactive programs are put in parenthesis to
show their inactive status. This year, at the request ofthe Council, the list now contains a description of
all programs instead of just the new ones.
Related City Policies:
Not applicable
Council Options:
No action required
Potential Motions:
Not applicable
Attachments:
Valdez Principles II 'h Annual Report
-..
.,-~
City Activities and Initiatives that Support the Valdez Priinciples
October, 2007
Items in Italics are new to the list this year
(Items in parenthesis are completed or no longer active)
1. PROTECTION OF THE BIOSPHERE
a) Environmental and Physical Constraints Ordinance
Section 18.62 of the Ashland Municipal Code's (AMC) purpose "is to provide for safe orderly and
beneficial development of districts characterized by diversity of physiographic condition and
significant features." Features that can be considered include but are not limited to: slope, natural
drainage ways, wetlands, soil characteristics, potential land slide areas, natural and wildlife
habitat, forested areas, significant trees and significant natural vegetation.
b) Flood Plain Ordinance
Section 18.62.070 of the Ashland Municipal Code (AMC) regulates all development in the flood
plain corridor. It regulates fill, material placement and amounts, culverting and bridging,
structures, storage of hazardous materials, and transportation facilities.
c) Herbicide Policy
Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City
Departments. It is designed to "reduce the risk of illness or injury resulting from city employees
and citizen's exposure to pesticides used on the course of performing city operations." The policy
requires city workplace practices designed to reduce or eliminate the use of, and exposure to,
pesticides.
d) (Ashland Watershed Partnership Participation and Policy)
Following the flood in 1997, a local group of citizens formed a group named the Ashland
Watershed Partnership (AWP) to work with the City on flood related and environmental issues.
The City staff and AWP held a number of meetings and devised changes in City policies and
operation. AWP also helped with flood restoration by providing input on City plans and activities
related to flood cleanup, restoration and remediation.
e) (Roca Creek Project)
The city funded a study in 1996 which resulted in City funding and implementing a project that
day lighted ROCA Creek, diverted some water to Paradise Creek and improved the riparian
habitat for both creeks.
f) (Ashland WTP Wetlands Demonstration Project)
Prior to rebuilding the City's Waste Water Treatment Plant in 2002, the City developed a
demonstration wetland to try and determine if Wetland treatment could be utilized to meet the
new more stringent state standards regulating the quality of the water that was produced by the
City Waste Water Plant. The Plant reconstruction ultimately did not utilize this type of technology.
g) Hillside Development Ordinance
Section: 18.62.080. regulates development on hillsides to "ensure that deve,lopment occurs in
such a manner as to protect the natural and topographic character and identity of these areas,
environmental resources, and aesthetic qualities and restorative value of lands and the public
health, safety and general welfare by insuring that development does not create soil erosion,
sedimentation of lower slopes, slide damage, flooding problems and sever cutting or scarring.
h) (Ashland Creek Restoration Project)
Following the flood in 1997, the City undertook replacing the Winburn Way Culvert and the Water
Street Bridge with new facilities that offer protection for the current 100 year flood designation.
Page 1 of t6
i)
j)
k)
I)
t)
Page 2 of 16
Air Quality Programs
Section 9.24 of the AMC regulates Solid Fuel heating device installation, creates a Solid Fuel
Burning Devise Emission standard, restricts wood burning emissions on higlh pollution days, and
prohibits the burning of anything but firewood in solid fuel heating devices. Also in 1990, the City
implemented the SOLVE program (Save our Livabiiity, View & Environment Program). This
program created a wood stove rebate removal and loan programs to help with the removal of old
non certified woodstoves. A total of 203 stoves have been removed under this program as of
December, 2006.
Storm Water Master Plan
The City developed a storm water master plan in 1999 and it was updated in June 2002. This
plan identifies specific storm water projects and their costs. It also defines water quality corridor
areas and will be updated with the new non-point discharge elimination system permits for storm
water discharge (NPDES Plan B).
Fire Department Vehicle Washing Poiicy
The Fire Department washes their vehicles either at the City yards or inside the Fire station
where runsoff is processed through a grease separator and then enters the waste water system
instead of the storm water system. This ensures no detergent or harmful oils or fluids enter the
City's storm water system.
Riparian Ordinance Revisions
Section 18.62.075 of the AMC regulates developments in areas indicated for Riparian
Preservation. The Planning staff and Commission have been working on updating this ordinance
and hopes to complete this work in 2007.
m)
(Ashland WWTP Upgrade)
The City completely rebuilt the City's Wastewater Treatment plant in 2002. This upgrade cost
about $31,000,000 and resulted in the City meeting exceedingly stringent State and Federal
standards for chlorine and phosphorous reductions to discharge to Bear Creek.
n)
Street Standard Revisions
Section 18.88.050 sets standards for newly constructed roads in developments in Ashland. The
Ashland Planning staff and Planning Commission worked with Public Safety staff to develop
standards that minimize pavement and promote alternative transportation while still ensuring
access for Public Safety vehicles and personnel.
0)
Storm Drainage Cleaning and Maintenance
The City has a regularly scheduled storm drain maintenance and cleaning programs which are
designed to keep our storm drainage system operable during time of high water flows.
p)
Erosion control planning and bank stabiiization measures in Public Works projects
Public Works plans in advance all projects where bank stabilization is necessary to ensure that
these measures are implemented during construction of these projects. Planning regulations also
have extensive requirements for developers located in section 18.62. of the AMC.
q)
(Installation of storm ceptor in new Winburn Way Bridge)
During reconstruction of the Winburn Way Bridge after the 1997 flood, a storm ceptor was
installed. This device filters storm water runoff and removes contaminates before the water
enters Ashland creek.
r)
Construction Training for creek protection by Public Works
The PW Department provides periodic training for their crews about the importance of creek
protection whenever their projects involve working in Riparian areas.
s)
(Granite Street Quarry Restoration Project)
The old quarry has been restored and converted for use for residential devolopment.
(Pistol range restoration project)
The City did extensive work to restore the old pistol range located above the City. The land has
been restored to pre range conditions.
u) Tree Preservation Ordinance
Section 18.61 of the AMC regulates the preservation and removal of trees in the City. It defines
heritage trees, created a tree removal permit process, and created tree protection standards and
establishes penalties for violations.
v) (Installation of storm ceptor in Gresham Street as part of the Library Project)
During work performed on Gresham Street in conjunction with the Library addition, a storm ceptor
was installed. This device filters storm water runoff and removes contaminates before the water
enters the storm drainage system.
w) Bioswale on the Elk's parking lot
During reconstruction of the Parking Lot located north of the Elks building, a bio swale was
installed. The purpose of this facility to slow down, filter, and clean storm water run off from the
parking lot.
x) (Oil and grease separator at the new Fire Station)
This separator ensures that any runoff of oil or grease at the station is contained and prevented
from entering the storm water system.
y) Riparian & Wetland Area Inventory
The City commissioned a study to identify these areas of the City. The report was completed by
Fishman Associates in June, 2005.
z) Tree Replacement Rebate Program
The City's electric utility has a rebate program which pays cash rebates to citizens who replace
trees which have grown or will grow and interfere with power lines, with power line friendly trees
which will not be tall enough to cause power line problems even at full growth.
aa) Riverwalk Ponds
As a part of the subdivision developed on Mountain Ave. south of Bear Creek, ponds were
constructed to help control and clean storm water runoff.
bb) (Siskiyou Blvd Reconstruction)
The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed
new landscaping and irrigation systems, and greatly improved pedestrian crossings, especially in
the SOU area which has a considerable amount of crossing traffic during SOU operating hours.
cc) Dewatering Centrafuge at WWTP
This machine was installed to remove the water from waste water sludge to reduce its volume
and weight and hence reduces the costs incurred for disposal.
dd) (Purchase of New Bio-fuel Tank)
When the City began experimenting with Bio Diesel in some selected vehicles in 2003, we
purchase a 500 gallon tank to store this fuel.
eel Bear Creek drainage Enhancement Project
This project included the restoration of a filled-in remnant channel, armoring and
reconstruction of approximately 500-feet of degraded stream channel and the
construction of a series of ponds with wetlands to control storm run-off and improve
water quality. The project is situated on approximately 6-acres within the Bear Creek
Floodplain Corridor that was dedicated as public parkland through the River Walk
residential development.
ff) North Mountain Neighborhood-Park Land Dedication and Storm Water Treatment Project
Page 3 of t6
As part of the Meadowbrook residential development, approximately :3-acres within the
Bear Creek flood plain was dedicated a City park land. A small portion of the land was
set aside for the construction of a wetland water quality feature, intended to treat and
reduce the velocity of storm water prior to being deposited into Bear Creek.
2. SUSTAINABLE USE OF NATURAL RESOURCES
a)
b)
c)
d)
e)
f)
g)
j)
k)
Page 4 of16
Renewable Resource Generation Policy (net metering)
The City passed one of the first net metering policies in the US, back in 199B. This policy
encourages the installation of net metered solar electric systems by creating easy and straight
forward connection requirements and also pays full retail prices for excess generation of up to
1,000 kWh's per month.
City's Solar Water Heating Program
The City has provided rebates and loans for solar water heaters installed under the City's Bright
Way to Heat Water program since 1998.
Performance Standards Development Ordinance
The City has used performance standards to guide residential development since the early
1980's. It includes increased density for desirable development characteristics.
Transportation System Plan (TSP)
The city's transportation plans lays out various strategies to improve transportation choices and
attempts to promote multi-model ways to move people and goods within the City. This plan is
scheduled to be updated in 2007-08.
Bicycle Commission activities
This City Commission has worked on a number of efforts to promote, pedestrian and bicycle use
in Ashland. Bicycle and pedestrian movement will also be updated as a part of the TSP.
City Open Space Acquisition Plan
The City has an adopted open space plan and utilizes 1 % of the Food and Beverage Tax to
acquire property identified in that plan.
Comprehensive Water Supply Study
Carollo Engineers worked with the City to develop a 2050 Water Supply Study in 1998. This plan
has aggressive Water Use Efficiency Target that project that water demand in 2050 will be 20%
lower because of the City's Water Use Efficiency initiatives and programs.
h)
Ashland Solar Pioneer Program
This was a program where 30 kW of solar electric generation was developed at Southern Oregon
University, The Oregon Shakespeare Festival and the Ashland Civic Center & Police Station.
Outside funding from the Bonneville Environmental Foundation, the Bonneville Power
Administration, AVISTA, SOU, OSF, the City's Electric Utility and nearly 260 Ashland Citizens
and businesses provide funding to install these systems.
i)
(New bike path along Railroad ROW)
In 1998, the City completed the Bike Path located along the railroad tracks that runs from 4th
Street to Tolman Creek Road.
(Certified Wood Program)
The Ashland City Council approved Resolution 99-22 in 1999. This resolution required using
certified wood on City projects that exceeded $15,000 if the incrementai costs of the work didn't
exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18th months after
adoption.
20% Water Conservation Goal of Comprehensive Study
The Carollo report that projected water supply needs, assumed that demand will be reduced by
20% because of city water use efficiency programs and initiatives.
I) (Chamber of Commerce Wise Resource Usage Booklet provided to every household in Ashland
was distributed in the spring of 2005)
The City help fund this booklet which was marked to all Ashiand addresses IIn 2005. It has
information to help Ashland citizens and business reduce their use of resources.
m) (Water efficient landscaping tour)
n) (Green Power purchase by the City)
From 2001 to 2005, the City purchased 1aMW of Environmentally Preferred Power from BPA.
1aMW represents 5% of the 20aMW total electric load and annually cost the city about $91,000 in
additional wholesale power costs.
0) City Natural gas vehicle
The City's building Department uses a natural gas powered vehicle for building inspectors. This
vehicle needs to be refilled about every 4 days at the RVTD facility in Medford.
p) (Transportation, Transit and Parking Initiative)
in the spring of 2000, an ad hoc committee was formed to tackle transportation related problems
in the downtown, Ashland Community Hospital, Southern Oregon University and their
surrounding residential areas. Topics inciuded parking traffic congestion, opportunities for
increased use of alternate transportation, walk ability and traffic safety. This plan was never fully
implemented
q) "B" Street subsurface drip irrigation system and signage
The landscaped park rows around the City's Yard at the corner of 'B' street and Mountain Avenue
was landscaped with Water Wise Vegetation and a subsurface drip irrigation system and also
signage was installed to inform pedestrians about the Water Conserving techniques used there.
r) Irrigation signage at Copeland lot and Wilderness Charter School
This parking lot and high school facility had signage installed to educate the public about water
wise landscaping and irrigation techniques.
s) Solar Electric Rebate Program
The City pays rebates to Ashland citizens and businesses who install net metered solar electric
systems.
t) (Rate Mitigation Agreement with BPA)
During the energy crises of 2001, the City worked with BPA to voluntarily curtail energy usage by
shutting off a number of street lights and curtailing other discretionary energy usage.
u) (Use of certified wood in Hillah Temple Project)
The City used certified wood as a part of the remodel of the Hillah Temple into the Community
Development/Engineering Building.
v) (Solar electric system installation at Ashland Middle School)
In 2001, The City and BPA jointly funded a 560 watt solar electric system at the Ashland Middle
School.
w) Affiliated Marketing agreement with the Bonneville Environmental Foundation (BEF) for the sale
of Green Tags
The City entered an agreement with BEF to jointly market BEF Green Tags to Ashland Citizens
and Businesses who desire to green up electric supply. This agreement was signed in 2003 and
the City receives a $1.00/tag rebate for each tag sold. As of January 2007, a total of 7,148 tags
have been sold under this program. This program was renewed in June, 2007.
Page 5 of 16
x) (New Solar Electric System at Wilderness Charter School)
BEF provided an upfront payment of $2,500 from the sale of green tags and the City's electric
utility provided $990 in solar rebate funds to help fund this 660KW system which was installed in
2003.
y) Efficient Refrigerator Incentive
The City pays rebates for the purchase of energy efficient refrigerators.
z) Earth Advantage Prograrn
The city purchases the license to use the Earth Advantage Program to certify sustainable new
homes. As of August 2007,18 homes have been certified as Earth Advantage Homes
aa) (Siskiyou Blvd Reconstruction)
The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed
new landscaping and irrigation system and greatly improved pedestrian crossings, especially in
the SOU are which has a considerable amount of crossing traffic during SOU operating hours.
bb) Renewed 3-year purchase of Environmentally Preferred Power(EPP)
The City Council renewed our purchase of 1 aMW of EPP for 3 years in 20m>. The EPP purchase
represents 5% of our total wholesale power supply and made up of 100% NW Wind resources
and runs until 2009.
cc) (LEED Fire Station Commitment)
The Ashland City Council committed to build and certify the proposed new Fire Station No 2 to
lEED Silver Standards.
dd) (Bonneville Environrnental Foundation (BEF) Direct Mail Campaign)
BEF and the city conducted the first in a series of direct mailing promoting the sale of BEF Green
Tags in late 2006. The marketing project will continue in 2007.
eel (New Solar Electric Systern at North Mountain Park)
The Parks Department installed a new solar PV system and educational kioski at North Mountain
Park. The City's Electric Utiiity helped to fund this through the City's PV rebate program
ff) Clean Renewable Energy Bond (CREB) Application
The City submitted a Bond application to the IRS for $500,000 to construct a new solar Electric
Generation System on City owned facilities located at 90 N. Mountain Ave. The City was granted
approval of the application in December 2006, and we are currently working on implementation of
this project.
gg) (Public Bike Path Construction)
In accordance with the guiding policies set forth in the Transportation ElemE,nt of the
comprehensive Plan with implementation through the land Use Ordinance and the City's
Transportation Plan, the Billings Ranch Subdivision designed and installed approximately 1700
lineai feet of multi-use pathway adjacent to the railroad tracks. This section will ultimately provide
a northerly link to the Bear Creek Greenway via Jackson Road.
hh) Installation of Variable Frequency Drives at the WWTP
The City has installed four variable frequency drives on the pumps at the City's Waste Water
Treatment Plant. These drives will reduce electric energy consumption and demand costs for the
plant and also increase the lifetime of the pumps.
ii) Use of Recycled Water for Sewage Lane Maintenance
The City's Waste Water Department now uses treated waste water from the Plant for
maintenance and cleaning of sewer lines through out the City. This reduces potable water use
and costs.
jj) Purchase of Ford Hybrid Escapes
Page 6 of 16
The City will add 3 new Ford Hybrid Escapes to the City Fleet this year. 2 will go to the police
Department and 1 will be for use by the Computer Service Staff. This is ado'ed to the 2 existing
hybrids used by Water, Electric and Purchasing Departments.
kk) Energy Smart Grocery Water Program
The City's Conservation Division is operating a new program in conjunction with the Bonneville
Power Administration to provide Energy Auditing services to Ashland's Large Grocery Store and
Small Convenience Stores with significant refrigeration loads. The program also provides
financial incentive to install identified conservation measures.
3. REDUCTION AND DISPOSAL OF WASTE
a) City's recycling programs
The City's Solid Waste Franchise, Ashland Sanitary and Recycling offer a vast array of curbside
and depot recycling programs.
b) Styrofoam Ban
Section 9.20.030 of AMC banned the use of Styrofoam in Ashland beginnin(j in 1990. This
ordinance was amended in 1998 to allow the use of Styrofoam for meat, poultry, and seafood
because it arrived packaged in Styrofoam at the various markets in town.
c) Composting Programs
The City's recycling task force started the City's backyard composting program back in 1990.
The task force later became the City's Conservation Commission and they have continued to
provide free classes and free compost bins for over 15 years.
d) Conservation Commission activities
1) (Tree free paper utility bill insert)
The Commission funded an insert in the City's utility bill that was printed on Tree Free Paper.
The intent of the insert was to educate citizens about the availability of paper that was made from
non tree material.
2) (Green Schools Program)
The commission worked with various Ashland Schools on waste redirection, recycling and
composting to help green up their operations.
3) (Conservation Commission video productions)
The commission funded, scripted and worked with RVTV to produce Water Conservation, Energy
Conservation and source reduction and recycling video to help educate Ashland citizens and
businesses on these subjects.
4) (Jefferson Monthly articles)
The Commission wrote a series of articles entitled "Living Lightly" in the Jefferson Monthly
Magazine of JPR to educate readers on various sustainability issues.
5) Green Business Program
The commission worked with an SOU graduate student to develop a Green Business Certification
Program with Ashland Businesses. The Conservation Department's staff now operates this
program and to date 13 businesses have been certified by this program.
6) Adopt-A-Street Program
The Commission worked with an interested citizen and developed a program where individuals,
neighborhoods, organizations, or business could adopt a street section and then they would
periodically pick up liter on the street section. We currently have 10 organizational adopters of 11
streets, and 10 residential adopters.
Page 7 of 16
7) (Water efficient landscaping tour)
The commission sponsored a tour of homes and businesses that had installed water efficient
landscaping plant methods and irrigation system to educate the public on this subject.
8) (Water wise newspaper articles)
The Commission wrote a series of articles in the Ashland Daily Tidings about water use
efficiency.
9) (Energy conservation newspaper article series)
The Commission wrote a series of articles in the Ashland Daily Tidings about energy efficiency.
10) (TID education project)
The Conservation Commission spent some of their meeting time with Public Work's staff to learn
about the Talent Irrigation District and how their water effects Ashland's Water situation.
11) (Newspaper article series on recycling)
The City's Conservation Commission members took turns writing a series of articles in the
Ashland Daily Tidings about recycling programs and opportunities available in the Rogue Valley.
12) (1st Earth Day event at North Mountain Park, 2nd annual event held in 2003)
The City's Conservation Commission and Conservation Division have helped to sponsor and staff
at annual Earth Day events since 2003.
13) (Rain Water Catchment Class)
The City's Conservation Commission held a class exploring various rain water catchments
methods.
14) Solar Home Tour held in 2003,2004,2005, & 2006
The City's Conservation Commission has sponsored annual solar and energy efficient home
tours since 2003.
15) (Greening the World Wellness Weekend)
The City's Conservation Commission used a portion of their budget to purchase Green Tags from
the Bonneville Environmental Foundation to offset the energy usage and travel energy of the key
note speaker of this event which was held in Ashland in 2005.
16) Cities for Climate Protection (ICLEI)
The City became a voluntary member of ICLEI back in 2004. The conservation Commission and
staff worked with Southern Oregon University students in Environmental Education Program to do
a greenhouse gas emission inventory for the city. This study identified transportation as the
primary carbon emission culprit. Lesser contributions were generated by the use of natural gas
for space and water heating.
ICLEI in 2006, transitioned from a voluntary program to a fee based organization. The City's
Conservation Commission, Conservation Division and Bike and Ped Commission has each
provided $200.00 funding to cover 2007 ICLEI participation membership fees.
e) Minimize the use of chemicals in City Public Works operations
The City's public works department has worked to reduce the use of harmful chemicals in their
day to day operations.
f) Asphalt reuse by Public Works
The City recycles used asphalt by having it re-crushed into % minus that is used in other City
Project.
g) Revision to City's Styrofoam Ordinance
Page 8 of 16
IN 1998, the city revised its outright ban on the use of Styrofoam by amending the ordinance
exempt meant, poultry, and seafood packaging at the request of local grocery stores. This was
done because these items were being sent to Ashland packaged in Styrofoam and then being
repackaged in cardboard. This resulted in additional handling of the product, reduced shelf life
and the original Styrofoam packaging being thrown in the garbage.
h) Water based street paint
The City has switched from oil based to water based paints for the majority of our painting needs.
i) Switch from diesel fuel to propane for fire extinguisher training conducted by Fire Department
The City's Fire Department switched from diesel fuel to propane to conduct I=ire Extinguisher
training.
j) Ashland Sanitary Yard Debris Pick-Up Program
Ashland Sanitary offers a green waste pickup service for a fee to all Ashland residential
customers.
k) Recycled Paper
The City now uses 100% post consumer recycled paper for our copiers and printers.
I) Increase Recycling Opportunities
Ashland Sanitary offers commingled curbside collection of a wide array of materials at no charge
to Ashland resident.
m) Temperature study for the WWTP Effluent
The City hired Corallo Engineers because of a DEQ requirement to reduce our effluent
temperature. The consultant is working with staff and a citizen committee on this subject.
n) Piping of Filter Backwash Water to the WWT Plant.
The City installed a wastewater line so that water that is used to back wash the filters at the City's
water treatment plant is sent to the City's wastewater treatment plant for treatment.
4. WISE USE ENERGY
a) Performance Standards Development Ordinance
The City has used performance standards to guide residential development since the early
1980's. It includes increased density for desirable development characteristics.
b) Transportation Plan
The City's transportation plans lays out various strategies to improve transportation choices and
attempts to promote multi-model ways to move people and goods within the City,
c) Conservation Commission activities
(Tree free paper utility bill insert)
The Commission funded an insert in the City's utility bill hast was printed on Tree Free Paper.
The intent of the insert was to educate citizens about the availability of paper that was made from
non tree material.
(Green Schools Program)
The Commission worked with various Ashland Schools on waste redirection, recycling and
composting to help green up their operations.
(Conservation Commission video productions)
The Commission funded, scripted and worked with RVTV to produce Water Conservation, Energy
Conservation and source reduction and recycling videos to help educate Ashland citizens and
businesses on these subjects.
Page 9 of 16
(Jefferson Monthly articles)
The Commission wrote a series of articles entitled "Living Lightly" in the Jefferson Monthly
Magazine of JPR to educate readers on various sustainability issues.
Green Business Program
The Commission worked with an SOU graduate student to develop a Green Business
Certification Program with Ashland Businesses. The Conservation Department's staff now
operates this program and to date 13 businesses have been certified by this program.
Adopt-A-Street Program
The Commission worked with an interested citizen and developed a program where individuals,
neighborhoods, organizations, or business could adopt a street section and then they would
periodically pick up liter on the street section. We currently have 10 organizational adopters of 11
streets and 10 residential adopters.
(Water efficient landscaping tour)
The Commission sponsored a tour of homes and businesses that had installed water efficient
landscaping plant methods and irrigation system to educate the public on this subject.
(Water wise newspaper articles)
The Commission wrote a series of articles in the Ashland Daily Tidings about water use
efficiency.
(Energy conservation newspaper article series)
The Commission wrote a series of articles in the Ashland Daily Tidings about energy efficiency.
(TID education project)
The Conservation Commission spent some of their meeting time with Public Work's staff to learn
about the Talent Irrigation District and how their water effects Ashland's Water situation.
(Newspaper article series on recycling)
The Commission members wrote a series of articles in the Ashland Daily Tidings about recyciing
programs and opportunities available in the Rogue Valley.
Earth Day annual event held in 2003, 2004, 2005, & 2006
The City's Conservation Commission and Conservation Division have helped to sponsor and staff
booths at annual Earth Day events since 2003.
(Rain Water Catchment Class)
The City's Conservation Commission held a class exploring various rain water catchments
methods.
Solar Home Tour in 2003, 2004, 2005, & 2006
The City's Conservation Commission has sponsored annual solar and enerflY efficient home
tours since 2003.
(Greening the World Wellness Weekend)
The City's Conservation Commission used a portion of their budget to purchase Green Tags from
the Bonneville Environmental Foundation to offset the energy usage and travel energy of the key
note speaker of this event which was held in Ashland in 2005.
Cities for Climate Protection (JCLEI)
The City became a voluntary member of ICLEI back in 2004. The Conservation Commission and
staff worked with Southern Oregon University students in Environmental Education Program to do
a greenhouse gas emission inventory for the city. This study identified transportation the primary
PagelOof16
carbon emission culprit. Lesser contributions were generated by the use of natural gas for space
and water heating.
ICLEI in 2006, transitioned from a voluntary program to a fee based organization. The City's
Conservation Commission, Conservation Division and Bike and Ped Commission has each
provided $200.00 funding to cover 2007 ICLEI participation membership Fees.
d) (Resource Conservation Manager Program (City, SOU, School District and Ashland Chamber of
Commerce))
The City and our partners took part in a BPA sponsored 2 year program where each of the above
organizations appointed a Resource Conservation Manager (RCM) to track resource costs and
work to implement operational changes and access programs which could help to install
conservation initiatives within the institutions.
e) Energy and Water Conservation Programs
The City has a vast array of programs which heip citizens and businesses use resources (electric
& water) more efficiently.
f) (Certified Wood Program)
The Ashland city Council approved Resolution 99-22 in 1 999. This resolution required using
certified wood on City projects that exceeded $15,000 if the incremental costs of the work didn't
exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18th months after
adoption.
g) City's natural gas vehicle
The City's building Department uses a naturai gas powered vehicle for building inspectors. This
vehicle needs to be refilled about every 4 days at the RVTD facility in Medford.
j)
n)
Page II of16
h)
Conservation Augmentation Agreement with BPA
The City has been operating various energy conservation programs that are funded by the
Bonneville Power Administration under this agreement.
i)
Council allocation of money to provide free bus services in Ashland
The City has provided funding to RVTD for the past few years which has resulted in expanded
service and lower bus fees than would have existed without the City's monetary support.
(New Commercial Resource Conservation Audit cost-share program conduclled in conjunction
with Oregon Manufacturing Extension Partnership (OMEP))
The City partnered with OMEP to provide energy audit service for any City Manufacturing
business. Because these are very few of these types of forum in Ashland, this program has not
been utilized so far.
k)
(Ashland/BPA Power Shift Pilot Program)
In 2005, the City and BPA implemented the pilot Power Shift Program where 100 homes were
outfitted with load management devices which could control thermostat and water heater via the
internet and Ashland Fiber Network. This 2 year pilot successfully ended in December, 2006.
BPA learned the technology was reliable and could shift about 2kW of residential demand by
thermostat set backs and water heater curtailment.
I)
Use of Bio Diesel in the City Fleet
After experimenting with a few vehicles, the City has switched the majority of our diesel fleet to
Bio Diesel. This fuel is purchased from the Grange Coop in Ashland.
m)
Use of Soy Oil in Electric Transformers
The City's specification now require all new transformers to use FR3 the brand name soy oil
made specifically for transformers. This oil has superior operating charactel'istics and poses little
environmental threat should a leak occur.
(The City's Public Works Department purchase of New Hybrid vehicles)
Water treatment, Purchasing, Police and Electric operations all now use Hybrid Escape Vehicle
as our City Fleet Vehicles.
0) Fluorescent Bulb Recycling Grant by the Conservation Commission
The City of Ashland s Conservation Commission has provided $1,000.00 to cover the costs of
recycling florescent tube and compact fluorescent bulbs. This allows Ashland Citizen's to recycle
these items without charge at the recycling Depot on Water Street.
p) Diesel Fleet Retrofit
Public Works and Administration have been working to secure a grant to retrofit the majority of
the City's diesel fieet with aftermarket emission reduction devices. These devices could reduce
the emissions from some diesels by as much as 90%. If awarded, the grant could fund as many
as 19 retrofits of our most frequently used diesel vehicles.
q) Electric's New Line Truck
The City is replacing its 17 year old Line Truck with a new truck. We purposely waited
for the 2007 model to be available because they have higher safety and emission
standards then the 2006 models.
r) New Economizer on Fire Station No 1
The City installed a new economizer on the HVAC system at Fire Station NO.1.
s) New Soft Start Equipment at the WWTP
The City is evaluating and hoping to install soft start equipment on the large motors at the City
WWTP plant. This should not only save energy and demand, but also preserve equipment life.
t) Subsidized Bus Fare
The City Council authorized a $290,000 subsidy to RVTD to provide $.50 fares in Ashland during
FY06-07.
u) Business Energy Tax Credit (BETC)
The City received a BETC pass through tax credit for our bus subsidies
v) Installation of Variable Frequency Drives at the WWTP
The City has installed four variable frequency drives on the pumps at the City's Waste Water
Treatment Plant. These drives will reduce electric energy consumption and demand costs for the
plant and also increase the lifetime of the pumps.
w) Use of Recycled Water for Sewage Lane Maintenance
The City's Waste Water Department now uses treated waste water from the Plant for
maintenance and cleaning of sewer lines through out the City. This reduces potable water use
and costs.
x) Purchase of Ford Hybrid Escapes
The City will add 3 new Ford Hybrid Escapes to the City Fleet this year. 2 will go to the police
Department and 1 will be for use by the Computer Service Staff. This is added to the 3 existing
hybrids used by Water, Electric and Purchasing Departments.
y) Energy Smart Grocery Water Program
The City's Conservation Division is operating a new program in conjunction with the Bonneville
Power Administration to provide Energy Auditing services to Ashland's Larg'9 Grocery Store and
Small Convenience Stores with significant refrigeration loads. The program also provides
financial incentive to install identified conservation measures.
5. RISK REDUCTION
a) Herbicide Policy
Page 120116
Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City
departments. It is desi9ned to "reduce the risk of illness or injury resulting from city employees
and citizen's exposure to pesticides used on the course of performing city operations. The
policy requires city workplace practices designed to reduce or eliminate the use of, and
exposure to, pesticides.
b) EMF Policy
City Resolution 91-15 sets forth a sitting and construction policy with respect to EMF for electrical
facilities in Ashland.
c) Revisions to City Emergency Management Plan
The City has an extensive Emergency Management Plan which is living on going document that
is constantly being updated and amended as emergencies and emergency simulations unfold.
d) Ongoing training and simulations of emergency situations
The City periodically will simulate various emergencies to order to practice dealing with real world
emergencies. This helps employees learn how to implement our Emergency Management Plan
and practice the various roles need to implement the plan should a real emergency occur.
e) Ongoing safety training of City field personnel
City field personnel have monthly meeting dedicated to safety and ensure that our employees
have to knowledge to help them safely perform their work duties.
f) (Y2K preparedness)
The City has an extensive plan to prepare for Y2K and it was implemented, and the change over
went very smoothly.
g) Community Emergency Response Team Program (CERT)
The program that is operated by the City's Fire Department has trained 469 volunteers trained to
aid the City in responding to future emergencies. 289 citizens are currently active members in
CERT.
h) (Fire and Police Department videos)
The City worked with RVTV to produce Video that could be used to educate Ashland citizens
about Police & Fire Department operations and programs.
i) (School safety programs)
The City for a number of years funded or partially funded an Ashland Police officer to work in at
the Ashland School District as the School Resource Officers. Also officers have operated DARE
programs in the grade school for a number of years.
j) (New fuel tanks at the City yards and airport)
The city replaced old fuel tanks at the airport and 90 N. Mountain Ave in Ashland. The aging
single walled tanks were replaced with modern double wall tanks.
k) (Riparian video)
The City's Community Development Department worked with RVTV to develop a video which
could be used to educate Ashland Citizens and Stakeholders on Riparian issues, rules and
proposed changes to our regulations.
I) (Riparian workshops)
The City's planning department held a couple of public open houses to discuss the city's riparian
inventory study and also had a couple planning commission study sessions ion this topic where
the public was encouraged to attend and participate.
m) (Wildfire forums)
The City's Fire Department has held both City Wide and neighborhood forums to educate
Ashland citizens about wildlife risks, prevention, mitigation and response.
Pagel3ofl6
11) (Siskiyou Blvd Reconstruction)
The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed
new landscaping and irrigation system and greatly improved pedestrian crossings, especially in
the SOU are which has a considerable amount of crossing traffic during SOU operating hours.
0) Community Wildfire Plan
The Community Wildfire Protection Plan (WPP) was completed and adopted by the City Council
in 2004. This document synthesizes issues relevant to homeowners in the Wildland Urban
interface as well as our municipal Watershed. The plan was submitted to thE' US Forest Service
and accepted as an official CWPP under the Healthy Forest Restoration Act of 2003.
p) Water Street Bridge
The City has replaced the Water Street Bridge over Ashland Creek between "B" Street
and Van Ness. This new bridge is designed to improve water passage during high
water events.
q) New Pedestrian Bridge Over Ashland Creek
The replacement of the old wooden pedestrian bridge adjacent to the new Shasta Building is
designed to improve water passage during high water events.
1') Participation in Community Rating System (CRS)
The City is an active participant in the a National Flood Insurance Program's (NFIP) Community
Rating System (CRS). This is a voluntary incentive program that recognizes and encourages
community floodplain management activities that exceed National Flood Insurance Program
requirements. As a result, flood insurance premium rates are discounted to reflect the reduced
fiood risk resulting from the community actions meeting the three goals of the CRS: (1) reduce
flood losses; (2) facilitate accurate insurance rating; and (3) promote the awareness of flood
insurance.
6. SAFE PRODUCTS AND SERVICES
a) Herbicide Policy
Section 9.28.020 of the AMC outlines the City's policy for the use of pesticid1as by City
Departments. It is designed to "reduce the risk of illness or injury resulting from city employees
and citizen's exposure to pesticides used on the course of performing city operations. The policy
requires city workplace practices designed to reduce or eliminate the use of, and exposure to,
pesticides.
b) Environmental training for Public Works field personnel
The City's Public Works Department holds periodic training on ensuring that sound environmental
safeguards are employed when dong public works construction projects.
c) (Consultation by Public Works with AWP members or other local experts on appropriate
environmental techniques)
After the fiood in 1997, the city has a series of meetings with AWP members and other local
environmental experts on not only flood related restoration efforts but other City proj<acts to gain their
perspective on how best to implement City projects.
d) Construction notices to affected properties in advance of Public Works projects
The City routinely notifies effected citizens and businesses when City construction projects will disrupt
their place of residence or employment.
e) (Certified Wood Program)
The Ashland City Council approved Resolution 99-22 in 1999. This resolution required using certified
wood on City projects that exceeded $15,000 if the incremental costs of the work didn't exceed standard
wood costs by 10%. This resolution sunseted on July 3, 2001, 18th months after adoption.
Page 14 of 16
7. DAMAGE COMPENSATION
a) (Ashland Creek Restoration Project)
Following the flood in 1977, the City undertook replacing the Winburn Way Culvert and the Water Street
Bridge with new facilities which wouldn't be as flood prone as the older facilities.
8. DISCLOSURE
a) Herbicide Policy
Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City Departments. It is
designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to
pesticides used on the course of performing city operations. The policy requires city workplace practices
designed to reduce or eliminate the use of, and exposure to, pesticides.
b) EMF Policy
City Resolution 91-15 sets forth a sitting and construction policy with respect to EMF for electrical facilities
in Ashland.
c) Environmental training for Public Works field personnel
The City's Public Works Department holds periodic training on ensuring that sound environmental
safeguards are employed when dong public works construction projects.
d) Construction notices for City projects
The City routinely notifies effected citizens and businesses when City construction projects will disrupt
their pi ace of residence or employment.
e) (1998 Water Quality Report (publiShed July 1999))
The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports
required by Federal law gave details about water supply and water quality.
f) (1999 Water Quality Report (published June 2000))
The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports
required by Federal law gave details about water supply and water quality.
g) (2000 Water Quality Report)
The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports
required by Federal law gave details about water supply and water quality.
h) (2001 Water Quality Report)
The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports
required by Federal law gave details about water supply and water quality.
i) (2002 Water Quality Report)
The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports
required by Federal law gave details about water supply and water quality.
j) (2003 Water Quality Report)
The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports
required by Federal law gave details about water supply and water quality.
k) (2004 Water Quality Report)
The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports
required by Federal law gave details about water supply and water quality.
Page 15 of 16
I) (2005 Water Quality Report)
The city has developed and mailed water quality reports to Ashland Citizens since 19'9'8. These reports
required by Federal law gave details about water supply and water quality.
m) 2006 Water Quality Report
The city has developed and mailed water quality reports to Ashland Citizens since 1919'8. These reports
required by Federal law gave details about water supply and water quality.
n) (City Source Energy Conservation video)
The City worked with RVTV to develop a video to educate Ashland citizens and businesses about energy
conservation in general and the City programs and activities available to them.
0) (City Source Water Conservation video)
The City worked with RVTV to develop a video to educate Ashland Citizens and businesses about water
conservation in general and the City programs and activities available to them.
p) Wildfire Hot Line
The City established a wildfire hot line (541-552-249'0) which provides information on local wildfires and
controlled barring.
9. ENVIRONMENTAL DIRECTORS AND MANAGERS
Dick Wanderscheid has Environmental Affairs as a designated responsibility.
10. ANNUAL ASSESSMENT
This is the eleventh annual report submitted to the City Council as required by the 10th of the Valdez
Principles.
Page 16 of 16
CITY OF
ASHLAND
Council Communication
--- -- ------- ------ ---._---
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE,
CONCERNING CONVERSION OF EXISTING RENTALS INTO FOR-PURCHASE HOUSING IN
MUL T1-FAMIL Y ZONING DISTRICTS TO PROVIDE ADDITIONAL INCENTIVES,
CONTRACTUAL COMMITMENT, DENSITY BONUS AND OTHER VOLUNTARY
MECHANISMS TO INCREASE AFFORDABLE FOR-PURCHASE HOUSING STOCKS AND
AFFORDABLE RENTAL UNITS IN MULTI-FAMILY ZONING DISTRICTS
Meeting Date September 4, 2001
Department Community Development
Contrrbutlng Departments Legal
Approval Martha Bennett
Prrmary Staff Contact Brandon GoldmaD 552-2076
Emall goldmanbiWashlandorus /:~
Secondary Staff Contact David Stalheim 552-2043
E-mail slalheld(alashlandorus
[slirni1tcd time (30 rnin)
Request:
Second Reading of an ordinance amending provisions within the R-2 and R-3 multifamily zones
(Chapters 1824020, 1824,030, 1824040, 1828020, 18,28030, 1828,040), and procedures
section (18 108030) of the Ashland Land Use Ordinance relating to the conversion of existing
multi-family rental units into for-purchase housing
Background
The City Council held a hearing on the proposed ordinance on June 191h, 2007 and
continued the First Reading of the ordinance to the August 21 sl regular meeting, At this
meeting the City Council approved the first reading of the ordinance and directed staff to
modify the language in sections 1824,040L and 18,28040L to remove the qualifier "as
now or hereafter amended by the Ashland City Council," In reference to Resolution
2006-13, This term has been removed from the ordinance as currently presented,
Upon further review of the ordinance the Legal Department has determined that the
term "existing multi-family rental units" should be further clarified in the ordinance, As
this term could be interpreted to mean either:
. units that were in existence on the date the ordinance goes into effect, or
. units that are in existence at the time an application for conversion to for-
purchase housing is filed
Staff has provided two options for consideration below which would distinguish between
these two distinct interpretations,
Options
Option A
The following definition would establish that the proposed ordinance would only apply to
conversions of apartments that were built prior to this ordinance
~.l'
CITY OF
ASHLi\ND
The establishment of crrterra of approval establishing a requirement to retain rental units, or to
provide a percentage as affordable hOUSing, for the converSion of existing apartments into for-
purchase housing is supported by both local Council Goals, elements within Ashland's
Comprehensive Plan, the Ashland HOUSing Needs Analysis (2001) and Affordable HOUSing
Action Plan, and the Oregon's Statewide Planning Goals and GUidelines, The specific sections
of these documents that identify the public need 10 preserve multi-family rental hOllslng as a
needed housing type within the City of Ashland are provided In the Staff report dated October
10,2006
Council Options:
. Approval of Second Reading of the ordinance with amendments by reading in full any
new sections (Option A or Option B as selected)
. Deny the ordinance as proposed
Attachments:
. Amended Ordlnclnce No Illcorporatjn~J eitllCr Option A or Option B c)s presented in
this Council Communication
Amending the Land Use Ordlr1c:lrlces Concern inn Conversion of eXIsting multi-family
rental units into for-purchase (Chapters 1824020, 1824030, 1828020 and 1828,030)
of the Ashland Land lIse Ordinance
Provided in the June 19th 2007 Council Packet
Ordinance No.
Arnendln~J the Land Use OrdlrlilnCCS COrlcerninq Conversion of existing multi-family rental units
inlo for-purchose (Chapters HL:.?1020. HL?4.030.1828.020 and '18.2(\.030) of the Ashl;'Hld Limel
Use Ordinance
Exhibit A- Options for Conversion Matrix
Exhibit B . Actu;ll Unit Table: Conceptual COflVlJSlllll Allcrnallves
Provided in the April 17'" 2007 Council Packet
Applicable Oreqon Reviserl Stcltules
Table showing ;~007 Fair Mclrket !~enls clS deflfli'(i hy HUU
. Table showiWJ 2007 Area Median Incomr; Includlnq bW% and 80%AMI
Resolution 2006-13 (SDC Deferral ProDrarn)
Stoff Report e10ted October 10,2006
Plannin~ Commission Study Session July 25, ;lone
10/24/2006 - PfillJning Commission PutJllC JfcClnl!S; nllnutes
10/10/2006 - Planning Commission Puhlic HeDnn9 minutes
8/21/20()(j - HOUSing Commission puhllc he;mnq minutes
1/25/2006 - Planning Commission Study Sessioll minutes
7/20/2006 - Ad-Hoc Committee meeting - anci Planning Commissions minutes
6/27/2006 - Joint !1ouslng CJnd P/rmmng Comrmsslon Study Session rmnutes
Letters Attached:
Provided in the June 19th 2007 Council Packet
Philip Lang LeIter d:11ed March 26_ 2007
Melanie Mindlin Leiter dated April 11, 2007
[)on Skillman Letter dated July lH, LOUt)
Br,mdon Goldm3n response to Melanie Mimtlili leller Iqu!:slionsJ daled June 11 2007
o
.'
~4.
...."
outdoor recreation space, maximum permitted floor area,
waste enclosures, parking and bike storage.
Table 1
Affordable
Affordable Rentals(per
Ownership (per Section
Number of Dwelling Market Rate Section Market rate 18.24.040.L.5
Units on Tax Lot Ownership 1824040L5.B rentals A)
------
2-4 100% 0% 0 0%
~).12 75% 0% 25% Ollri
1324 50% 0% 50% (J';{,
25-48 25% OLio 75% 0%,
49' 0 Olio 100% 0%
2) Existing multi-family rental unit structures may be allowed to
convert all or a portion of the structure as set forth in Table 2
and the standards below when the existing structure does not
meet anyone or more of the following general regulations of
the zoning district: permitted density, yard requirements,
maximum height, maximum lot coverage, outdoor recreation
space, and maximum permitted floor area.
a. Conversion of an existing multi-family structures to for-
purchase housing shall comply with the following
general regulations and the site design and use
standards of the zoning district: number of bike and
automobile parking spaces, trash and recycling
enclosures.
b. Conversion of existing multi-family structures to for-
purchase housing shall demonstrate that there are
adequate public facilities and public services available
to serve the development, including but not limited to
water, sewer, electric, fire protection, and storm
drainage.
c. Conversion of existing multi-family structures to for-
purchase housing shall improve the street frontage to
meet adopted Ashland Site Design and Use Standards
and Street Design Standards, including landscaping,
sidewalks and street trees.
CONDO CONVERSION ORDIN^NCE ^ML:NDMFNT
20fX
6) Prior to offering any units for sale the developer must comply
with section 15.104 of the Ashland Municipal Code
7) Conversion of existing rental units into for-purchase housing
shall comply with the tenant rights provisions under Chapter
10.115 of the Ashland Municipal Code.
8) Insert either Option A or Option B here as selected by the City
Council at the second reading of the ordinance on September
4,2007.
SECTION 4. Section 18.28.020. of the Ashland Municipal Code is amended to
add the following new paragraph 18.28.020 K, as follows.
K. Conversion of existing rental units into for-purchase housing
when authorized in accordance with Chapter 18.28.040 (L)
SECTION 5. Section 18.28030.J. of the Ashland Municipal Code is amended to
read as follows
Jc Condominium c-Bnvef&ionef OJ<ietinjJ,ont:J1 units-subjoct toa+Yf.le-1
f)fG€€duro :Jnd domonet{;)tlon thaI at 10:Jet 25~(, of tho roeidontial-tmite :Jro
affmealAe-fOf modor:Jto inromo poreons-in :JccorG with tho et:JnOaffis
ost:Jblishedey roeolution of tho /\ehland City COUflcil through prB€edilles
GOAtaifled-+n e:Jid roeolution--GtIr~treeidonte of ront:J1 unite proposed for
EDAversion to condomirtiume ehall ha','o firet right of rafue:J1 to purcAase
th€~
SECTION 6. Section 1828.040. of the Ashland Municipal Code is amended to
add the following new paragraph 18.28.040. L, as follows:
L. Conversion of existing multi-family dwelling rental units into for-
purchase housing including the demolition of existing multi-family
dwelling rental units, is subject to the following:
1) Existing multi-family rental unit structures may be allowed to
convert all or a portion of the structure as set forth in Table 1
provided that the existing structure meets the following
genera! regulations of the zoning district: permitted density,
yard requirements, maximum height, maximum lot cov€,rage,
outdoor recreation space, maximum permitted floor area,
waste enclosures, parking and bike storage.
CONDO CONVIRSION ORD1N^NCE ^MI:NDMENT
4 oJ S
Table 2
Affordable Affordable
Ownership Rentals(per
Number of Dwelling Market Rate (per Section Market rate Section
Units on Tax Lot Ownership 18.28.040.L.5.B rentals 18.28.040.L.5A)
2-4 75% 2~(/r) 0 0%
5-12 56.25l/(' 0% 25% 1875%
1324 3751h Ol/c. 50% 12.50%
25-48 1875'/, 0% 7SSio 625%
48t 000';, 0% 100o!\; 000%
-
3) As an incentive to provide affordable rental housing units
above minimum requirements in projects of five or more units,
an applicant shall be granted an equal percentage of for-
market ownership units per Table 3.
Table 3:
Affordable Affordable
Ownership Rentals(per
Number of Dwelling Market Rate (per Section Market rate Section
Units on Tax Lot Ownership 18.24.080.L.5.B rentals 18.28.040.L.5.A)
2-4 na na rld na
~)-12 6875", na 001 3125%
"
13-24 62:)01/, 11:-1 01;0 3750%
25-48 5625', ria 0% 4375%
48t SO 00'/,. rlij 011;) 50.00%
-
4) Units designated as market rate or affordable rental units shall
be retained as one condominium tract under one ownership.
This remaining rental tract shall be restricted from further
consideration of conversion to for-purchase housing.
5) Affordable Housing Units provided under 18.28.040 L(2) and
18.28.040 L(3) shall meet the following affordability standards:
a. Affordable Rental Units shall be affordable for rent by
households earning at or below 60% of the area median
income in accordance with the standards established by
Resolution 2006-13.
b. Affordable Ownership Units shall be affordable for
purchase by households earning at or below 80% of the
area median income in accordance with the standards
established by Resolution 2006-13. Resolution 2006-13
CONDO CONVICFSION OIWJNANCE AMFNDMr:NT
60fS
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___ , 2007,
and duly PASSED and ADOPTED this __ day of _____ ___ __,2007,
Barbara M, Christensen, City Recorder
SIGNED and APPROVED this
day of ____, 2007,
John W, Morrison, Mayor
Reviewed as to form
Richard Appicello, Acting City Attorney
CONDO CONVERSION ORDINANCE i\MENDMFNJ
x of X
CITY OF
ASHLAND
Council Communication
----------
- ---
.L\~O!dil1a~ce_R~vising.L\~hlan_d Ethic~~rovision~ lAMe 3.0~~O_~OL
Meeting Dale AUi\vs! 7,J.cxf!
Department Lega1 .
Contributing Departments 'nnn"J,/ If(
Approval Martha BJI'I1/
Primary Staff Contact Richard Appicello
E-mail applcelr@ashlandorus
Secondary Staff Contact
E-mail
Estimated Time 20 minutes
Statement:
Mached please find two ordinances The first ordinance is the marked up version the Council has seen thru Apnl 2007
The second ordinance (version 2) IS a clean copy of the first ordinance with a few recommended changes made after I
discussed the ordinance with the Planning Commission, You have seen this ordinance once before, The differences occur
in Paragraph E, E,7 and H and are discussed below Both ordinances would amend the ethics provIsions in Ashland
MuniCipal Code In accordance wilh Council direction tram last year The primary change is to also include elected officials
and appointed officials In ItS applicability. A provision restricting appointed officials from representing clients for hire before
any body of the city on a matter that will or has come before the body to which the official is appointed to serve has been
added. (Paragraph E4) Additionally, procedures for addressing the applicability of the coele provisions has been added,
with the City Administrator making that determination for applicability 10 employees and the City Council (1" ordinance) or
Mayor (20d ordinance) making the detenmlnation of applicability to appointed and elected officials, The Council will be asked
to conSider additional Judicial Ethics in a separate ordinance
Background:
The Ashland City Council held a study session March 6, 2006, to diSCUSS the pOSSibility of amending the ethics proVisions
Within the Ashland Municipal Code After careful conSideration the City Council Indicated an interest in
1) Amending the Ethics proVISions currently In the Ashland MUnicipal Code to be applicable to elected and
appointed officials in addition to applicability to city employees;
2) Adding in a procedure for Investigating and enforCing the ethics provisions;
3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have
ethics provisions in its municipal code which can be enforced locally.
The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and
appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from
representing clients for hire before any board or commission or before the City Council on matters which would come before
the board or commission on which the appointed official sits. (F'aragraph EA) The proposed changes also add exceptions
for the use of public property for private benefit for instances which are sp8CIfically set forth as a benefit of employment and
for the granting of special treatment or advantage to a citizen when provided for by law. (Paragraph D.2) Finally, the
proposed ordinance permits detenminations of applicability by the City Administrator for applicability to employees and
determinations of applicability by the City Council (1st) or Mayor (2nd) for applicability to appointed and/or elected officials.
The sanctions paragraph has been amended to provide violations are considered cause for discipline.
After Informal diSCUSSion of the ordinance with the Planning Commission I recommended a few changes to the draft
ordinance. To address sfatutory requirements for some Boards and Commissions, the firsl Paragraph under E now contains
the follOWing disclaimer at the end
JI'..
._~
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
r. An':;-~tated i~Sh~""-d~letion. -5 and addition.s to-the C.O.d- ~-s~cti~~~bel~g. ;;"O.d Ifi~d Del.-e_tio_ns___.';ei.
1if1~~ and--"9dlhons are underlined. _ ___ _. __ _ _ ______ . _ _. J
RECITALS
1. The City of Ashland is committed to the highest ethical standards tor its public
officials.
2. As a statement 111 that regard. in addition to any standards set forth by the state,
Ashland has had its own ethics provision applicable to public employees for more
than 25 years.
3. As a sign of continuing commitment fo the highest ethical standards Ashland desires
to extend application of its ethics provisions to appointed and elected officials.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read:
SECTION 3.08.020 Code of Ethics.
A. De~larati9n of Policy. The proper operation of democratic government requires that Q1Lblic;:Q[jI_GiC'lh,
in~hlQjn-z. clt:~~--.1~!LJJffi~iaJisi-_aJ2Point_~_.Qfflcia~_ En.G. employees be independent, impartial and
responsible to the people; that governmental decisions and policy be made III the proper channels of
the govcmmental structure: that public office not he used for personal gain; and that the public have
confidence in lhe integrity of its govemment In recognition of these goals, there is hereby
established a Code of Ethics for all emplo) ee::lDubliu2fficiab. whether paid or unpaid.
The purpose of this Code is 10 establish ethical standards of conduct for alJ ~(-tyeesRu_bJic QfficiCJ)~
by setting forth those acts or actions that are incompatible with the best interests of the City of
Ashland_ It is also the purpose of this Code to assist emJ=llo) eesl2..!d-bli~ . Qf[is;ials in determining the
proper course of action when faced with uncertainty regarding the propriety of a contemplated action.
thereby preventing them from unwillingly entangling public and private interests.
I
IB
Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards
in the City service, and 10 increase public confidence in the integrity of City emplo)Cc::IPlJvJli;
offi_<;ia15
Responsibilities of Public Offl<;e. Em~loyecsPubllf._21IiciaJs are agents of public purpose and are
emp!oyetlmmed for the benefit of the public. They are hound to uphold the ConstitutIOn of the
United States and the Constitution of this State and to carry out impaJ1ially the laws of the nation,
state and the City, and thu;s to foster respect for all government. They arc bound to observe in their
official acts the highest standards of morality and to discharge failhfully the dutlf:s of their office
regardless of personal considerations, recognizing lhat the public interest must be their primary
COnCCITI.
Page I of4
Flt.ENAME \1' G\klli!r\Mi"'~\O.l.d)T1;:l.m;~\[:lhic; .A_mq1dm~:!l1$._Or.0_: :rdQt.GoJ,.legfthMilt--e'\f~iltftf)!.I-t"eS_\EdlJ:'-'-'T-Af:lttftt.ltJ-tt!lt:t:f!nj
:--f ~(I..QfC: lJ-egftl-\M-tl<e\Gr6ffifmt.~Elhie~. AmetttJmenls. doe
C Dsd!Q!ted Servl~C;, All empleyees[1libllc ofliculIs of the City should he loynl wQr~ to 'lIPpon the
politIcal ohjectives expressed by the electorate and the programs dcyclopcu to altJill those obJccllves
Appointive 9XfIClaJ?mH.Lemp]oyecs should adhere to the rules of work and perfonnance eSl(lhhshcd
as the standard fur their positions by the appropriate authority_
-----+tT\f7loyees. - PlJbh<:--.i~(n~jal~ should not exceed their authority or breach the law or ask others to Jo
so, and they should work in full coopcration with other ~yeegQ.!J9kJ;1f!~ials unless prohlhited
from so domg hy bw or by officially recogmzed confidentiality of their work.
D. F~I 3l)q,Equal TI~lH!nC.!l!
I. Jntt;r~t InA.QlJQlIllmcnts Canvassing of memhers of the Council or Mayor, directly or lIldircctly,
in order to ohtain preferential considerJtlOIl III connectioIl with any appointment to tlle City
service shall disqualify the candidate for appclllltrnent except with reference to positions filled by
appOIntment by the Mayor or CouncIl.
2_ Use oLPub1!cfropCI1'y. No emJ7loyec public offi_Q~LshaIJ request or penrut the use of cHy-owned
vehicles, equipment, materials or property for personal convenience or profit, except when such
services are available to the public generally or are provided as municipal policy for the use of
such employee 111 the conduct of official busjness_--N_~S__1L.c<;p~c:ifu~~JIY_-.ge[ille(L Q<;:neOt in
cOQ1p_<;p$atiQn OL~m.nl9yrncm.
3 LlliJjgations____tD_ Ci0zen~. No emplo)'eeQ1!bJi~__offieiqJ shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available to every other citizeo_ c;xcept
~s oth~rwise p~Dn!-'ted~ law or.9rdinanc_~.
F. Confli,t ~[mCfeS!~ No~employeepublic~oifiei"J, whether paid Of unpaid, shall engage In any
business or transaction or shall have a financial or other personal interest, dRrcct or indirect, which is
incompatible wllh the proper discharge of that emj>k>ye0;-publir;o{ficia!5 official duties in the public
inlercst or would tend to impair independence of judgment or action in the performance of that
ef'flpJ..oyee!sQubl_ic9tTiciaL~ official duties_ Personal, as distinguished from financial, interest includes
an interest arising from blood or marriage relationships or close business or political association.
Specific conflicts of interest are enumerated below for t-fl-e-guidance of-enlple'Yee9.~
I. Incompatible Ernnloyment. No employee shall engage in or accept private employment or render
services for private interests when such employment or service is incumpatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's official duties.
2~ DjScJosl1fe_QI Confldentiallnformatiot]. No epl!bIiUl(ficj;lLlllf>Ieyee shall, without propcr legal
authorization, disclose confidential information concerning the property, government or afTairs of
the City. Nor shall any effij>ffiyee-p!l12Lic of[lciilLuse such information 10 advance Iheir fmanclal
or private mtcrest, or the financial or private interest of others.
3. Gjfts aQd Favors~ No employee-pjJblic;nlli,ialshall accept any valuable gift, whether in the fonn
of service, loan, thing or promise, from any person, firm or corporation which to their know ledge
is interested directly or indirectly in any manner whatsoever in business dealings with the City;
nor shall any such employee (I) accept any gl ft, favor or thing of value Ihat may tend to Influence
the employee JIl the discharge of their dUlies, or (2) grant, In the discharge of their duties, any
improper favor, service or thing of value.
4. Rcp[ej;~ntjng~riY;He lnlerests Before rity_ Agencies or Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency of
the City. An employee shall not represent pnvate interests in any action or proceeding against the
interests of the City in any litigation to which the City is a pany, unless the employee is
Page 2 of 4
FILENAMF \p Li:.Jkg~I_~ik~~Ordjl1aw;:~\Ethics AmendrncJ}J.? Ord - 2.dOCG:\kg6l\M:i_k~tj)~\;8htl-'i!A-nh-'!LdtLtt'nl~Qr~i
--- -2-:ili;~'(,: \kgltt'Mttt-e\OrdtlttlfwH\t..:lhit'S-.A mettdmffil'l. (I-oe
rqncscntmg hllllsclUbcrsclf (IS (] private Cll17cn on purely personal husiness. No_ap-1!~)int~d
ot11CL<1I_shaJLr92ITSCDl _<lcJH~IJ1Jorbjr:e_h_~for.t;J_be lNard__0[_cQJIlJ1).js~iQP to _ whi~b 11111t oiEQgtJS
<;lPPQ!.Dtc9_or ,!!l..~_I1Y-_actioJloCprocccdi_ngb~_(Qrc alliJ.the~b-'!QfdLc:olnfl).js~_iQD QT. tJ1G_ CIly CO!--ln~_d
o))._a maltn__~11id1_s:a"J1CQLwilJ com~_b_~f9re tht_bQar~t m:.Lommi5S1oo,to__ \\~bi~h th~l_gfflcjjlt is
apPJ_l1nted.
No emp-l-oyee- Q1!.QIi_c,J;:ffici_~shalJ accept a retainer or compensation that IS contmgent Upon a
spcclflc action by a th\,City-flgefley
5 <",_:ontr<u.;:ts Wil!LJhc_ City. Any e-mpk-tyeep~ubl1<': offis:ia! who bas a suhstantial or controlling
flnanclal interest in any business entity, transaction or contract with the City, or In the sale of real
estate, materials, supplies or services to the City, shall make known to the proper authority sllch
intercst in any matter on which that emp-ffiyeemJJ21ic;,_ offi~ia] may be called to ael in an offiCial
Glpaeity. The empffi-yeepJJbli( Qffici'!J shall refram from participating in the transaction or the
making of such contract or sale.
An emp-ffiyeeDublic oOJ.cial shall not be deemed :nterestcJ In any contract or purchase or sale of
land or other thing of value unless such contract or sale is reA:::QIDnlt;nQgl>-approved, awarded,
entered into, or authorized by the ~P-tJb-'i_~.offi~i;l! in an official capacity.
6. Di_sclosure of Interest irLL~i.'?lation. Any employee_Of _aRQQim~g..Qftl~.j<l! who has a financial or
other private interest. and who participates in discussion with or gives an official opinjon to the
Council, shall disclose on the records of the Councilor other appropriale authority the nllture and
extent of such interest.
F p(ili~_icaJ_ActivilY. No employee in the administrative service shall use the prestige of their positIOn in
behalf of any political party. No employee in the administrative service shall oralJy, by letter or
othervllse, solicit or be in any manner concemed in soliciting any assessment, subscription or
contribution to any political; party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns for candidates whjle In the perform.anee
of duties in an official capa(:ity.
No empl-ey-eePllQ1jc offici<!J_ - shall promise an appointment to any municipaJ pOSItion as a reward for
any political activity.
I (i. IWl'licabili(LQf Code EamlQyces. Whcn an employee has doubt as to the applicability of a
provision of this code to a particular situation, they should apply to the City Adnunistrator, who IS
charged with the implemen:tation of this code for an advisory opinion, and be guided by that opmion
when given. The employee shall have the opportunity to present their interpretatIOn of the facts at
lSsue and of the applicable provision(s) of the code before such advisory decision is made. All such
requests for advice shall be treated as confidential. This code shall be operative in all instances
covered by its provisions except when supersed~d by an applicable statute, ordinance or resolution,
and each statute, ordinance or resolution action is mandatory, or when the application of a statute,
ordinance or resolution provision is discretionary but dclem1ined 10 be more appropriate or desirable.
1:l_61'PheabiliIY.QCCode_- Appointeda.ndJo]ecLcd Offifl,,!S.. ',Vhen aOjlppoint\,.Q...0Iicwl Or...1m elected
Qffic~"Lhjls-.dQ1Jbt as to theCjlpQ[ieabilitv of a...p,-ovislOo olthisSOile_ to_ a_.Qartlc11lauituil!JO...n, they
should applv to the City Coungl for a detem1inati0l1_Ihe OfficlilLseeklOe a ej,t\'rmmallO)] "b<illhave
th~.QDRQrtuTJi1.LIO present ~uyLacts theY.!iecJ)l Ld~Y~lnL1QJh~ (kt~rminat~Q..fl,_ ThGY shaILalsoh?yc_ the
QI2PQI1!JJlily____tQ__prescnt anY_;:!fg1lm_t;llLlh~y .lJHyh:-lvS_ ~~ Jo__~_hill they deem an iiPpropriatc
Page 3 of 4
fl LENAM r: \p Ci.:.\kg.uJ~jke\Ordinallccs.lE.1hil;S_^_D1CnQm<c'nJ5_ Ord: 2,c1Vf.\!;-~~Mi~Rflf}\~\Eil:!..tes::.--^-menQ-n!mk't_it!~1
:--.;!, ili;K.~\~IH\Mi~e\()feifHmccs\EIh--i-es_-A-mCtttllnen~~_ t4w
dCkrDJi!b1tioll._TtH~_J:lty_.c~)!c!J1cll,--the_Mayoror Ihc__elly A_dlnimSII'=lt.9L_may rr-9ll~sUh~Cily ^-tt!H}l!-~Y
t.9 p..roviQ~ <W adv.iSOf)' OlllJ1jQll h~~cJ upon tlle facts presentcQ, _Th_~ dC1cnnm~Q1}i2(!he City CoullcIl
<IS tQlb~Qlli:abilily QC{I PE2V1SlOll QJtl1is _cod~ ISLa naJ1l~ular sltlJilliQ.rl_~l111LJ2...e Dnal.
L Q(:Jinltions:
_J) _tmn1oyCC CQUh~_plU]~OS~5 of this SC_ctlOJl, the t~..nrLemDJ()yc.Q...~h-,o!JJ rncan Qn~ who 1.5 tllTc!-l aDd
mlid_'!.w;:l~ 0L?<tlary to wmk fQrJM_J~Uy-.2!ht;Llh_;r_n cJ~cle~Lor ~PP.9iI1t(:':d.officia!~.
__2l..f.ppointcd Official for Jll'-lllif)20SCS of [hi,-sectioT!, thcJeITTL";lJ)l'Qint~d official" shall IIlean--"
Q~J.?Q!l who i.illPJwir:n_cd to s~r:V_t:;..9J.l.Qrre:__Q[ th_c City'~ t>Dar~is 9J cQ_m_missjons_ and shall als_o rTl~an_lh_~
CJtY_Admi!lI!llr:m9I andeity At]QIillYc
JJElectcd!)flicI,,'-::JoL thc_puf)2QSg; of[ru,- sectjou. ~Isos:ted _Q[lici_aIshall meiln QrK who JS elected
by lh~ registcr~()((:rsQ[ t~ Cr!Y oLAshlaud to \]:Tvelb~ city aDd-,-QalJinclude: ~heM;1yW. thc_clty
<::mJ,ncjlQIs-,-lhe ~jtYLec_QHjc:r, th~!!1\JT!icip<!ljl!dg~_nmlJhe parks ~9rnmjs~ion~rs.
JH. Sanctjons. -Vteffi-ttOft..of-ftny- pftW-tS~t thp.+- t-'-{~-sfloo-W--fflt~OftSCteflt-t{}U9-que9-t-ffi.n9--ft)r--tfte
eJflj>!eyee-~ frS'" wftetl>efuml;,llIfi!)'-fesigflfi.jon-m-ntfief-ocl~ ffidieeletl-ffi-I'mmn,e-.he
bes+-tHterest--QI~-+fte--t-tiy. Violation.ofi.lID' pr.9vi~J..Q!.LQfth]s s~tion-,--dctenniDed atk.r IlPtlCC _and <1.1)
9PPOJjunitYJQJ:!:~_h~arQ, shall constitute cause for disciplinary action.
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 __.
,2006,
and duly PASSED and ADOPTED this __ day of
,2006
Barbara Christensen, City Recorder
SIGNED and APPROVED this __ day of __
,2006.
John W_ Morrison, Mayor
Reviewed as to form:
Michael W_ Franell, City Attorney
Page'~ of 4
FILENAM E \r G.;..\l~g(ll~ike\On)l!l;mcc.'j\!:.thi~f\!!lc;:pdm~!l.!sD!J = L!Jj,X:~kgeJ\Mikti\Qfdi:fltt!!i~~~~!_'fli~Ord
~;;\l-eguI\Mi-ke\Ord;nf\IK't-'S\Elhie;l- '\f!1{,ndntt'1tt~dt+€
j (-,~~ ~\!(H1IJ \\\l:hll11:!ll Sl
,\\111:111<1
;]) (h 1--.2(\--"
( It\' ('(Hilled ,-\IH.1 \Lt ,(I]
7ii hlsl ,\1;1111 \1
\sll/;1I1(1 OF ')h2i!
'ill:
i!1
rill
flli!I' _Ii,il\.!
,I,
'I, !ii
,
:1'
,
,
\'1;1\ _':\ Iii)
,
I
"
:i)
[)c,n ( ilv ('CHIIKiliviC-ji.'llli> ;iJI(i i\Liv()j
[i,:tirri.;lil!y h;;j\'c 1he j1ll\J!lTC (jf\UVln,~) ii.S;i 11)(,ilihl'l (lliJll' /\shl<llld Illslonc
(UlllnJiSSIOll /\~; ;111 :lfl 1);ll'(ll()gtSl 111_':/ PIlI)I;!IV Iflkrc>,L',]n i\,shl;I!HI'S ]1lSI01\' Icl;Jll' l(l
:1!chatol()gjl~al jC,C;mlfCI'\ j;11I1c:1 (li,Hl the ;lflhlllTluJ:il >;lvlcs OChlS!Dlic huildlTlg~ !)\jlijl~)
Inv llllll' OJ) lite CUl1HllISSllH1 1 ve IC;11Ilcd;1 Pll'<l1lk;1l ;]holll Ashland's ilrchllcCluJal
!jjs!ory fJ(lJlj 111l' dCSlgTll'j"j ;lTld (lTl~llJ\l:cts \-V!IO \CIV(' oollie COll1lTllSSIOIl I'vc ob\c:rvl'd
and SOlllcl1111CS P;1I11l'IP;lkd IIll1UlIlC10US (!i>;Ul.C;SIUJ1S lIlV()]Vll1g de,~,ign deLuls, milS;'; ;llHl
-"('ille ::lnd conkxlll;i!lSSlIC''; ;IS they IcLlll: to \'illl,)!!.S plojluscd projects in j\;.;hl;lIld
!n gcncrclL lhc\(' dlSCI!S\}{Jr\S ,He C\lrl'fIlC[Y hclplli! ill I!W 1i\dJVldUids appcanng bcl(jiC 111(
C(111l111ISSH)1l The villIit.' ilr1/Jl~Sl' dlSUISS1Ulh IS dllC IlIllll:lldy' I(l lhe' IIlSlghl ilJ)d
,l~UggcstlOIlS orlh\.' dl'Sl,~;_Ji prldt:-"\lon;lls \vll(' iirC (HI lhl \.'OIlHfilSS1()/J These tlldjvj(hl(d~
l(llllltlcly dnd Illl'tIUd(llJ.sl_v ilvold c()fdlIC1S ()III1!Vll-sl hy JVl'llSlIlg thClllSC]VCS irlhey ale
pcr::,on;dly invcdvcd lfi (j pr')lcc(
!'rJ] concerned tll,lt th_, llt:\\- Uldlll,Hlce \\-111 'c'1d !I\ tlil' Tl-~)gli,;!l)()ns of the VC'l)"
COJllIlIISS10!l rnellllJl'ls \vl1u ;IIC mos! {pLlllfll'd to disCIJs.s ISSlll'S hllllJghl hcf()IC the
cornrrllSSJOI! Forlhls iC<lSOfj Iwge you (0 lCJliOVC [he ,--;cnlcnce 111 Scctiolll>1th(j1
clllllaills the pll/;Isc" III ;1[1Y :lc1lUI1 01 PI(}I:lTdl[J,lJ Iwl()jl' (jJl()lher bO;\ld, cOlllrnissioJl or
City Council h;lIl1fC 10 ch<JIlge dllS SC:(2fllCJ'iI nflhl' Ordll1anCe v.;dl have the
lllllrllclldcd CUllSCqllClllT UrSllhSlaJlllally wcakcllilHlthc ;Ihdlly urlhe IllSloIJc CUlllllllSSlllll
10 1\!JlClioli dlcclivcl\
Thank VOL] 1'01 Y'Olll COIL"idcratlofl
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City Councilors imd MilYor
City of AshlillHI, Ol~
HOllorilble CounCIlors ,lIHI MilYor,
I ilm wrltlllq thiS Ie Iter tu express my cuocem uver the f'ropused Cl1y I-thlcs Ordinance,
particulmly Sectlun ['1 01 the prupusr'd ordlllimce My undr,rsl;lIHllrHj is thilt this
section will prohlhrt lIlemhers or offlClills uf il commission or hu,lId from representinCj
clients before ,lilY Cily hu,lId, COll1nllSSrUIl or tlw City Coullclllf fhr; milltrJr In quesflon IS
fo corm; before the board or cornrnlsslon to which fll(; member or UfflClillls clppointed
HavlnCj heen a rnernher uf fhe Ashlimd HistoriC Cummlsslun illld hClnq il prilcflcinCj
architect in filE; City of Ashlimd, If IS rny Uplrll<JI1 thaf fhis proVision represents an
UllllOCCSSiHY IlmltiltlUIl Oil file alJrllty uf pru!osslonals fo servo III il vulunt,lIY capacity ill
the interl;st ul the City illld Its cl1i/ells. ! Gm IJlldersf;rnd illld ilqrcc With proVISions
which wuuld rcquirl: a hO,lId or conlllllSSIUll melllhc;r to rl?CUSe himself or herself from
hearlrlCJ matters pertalnlnq to ;1 client hr:fore the (m;Hd or commiSSion orl which such
board or commlSSIOIl nwmlwr sl1s, hut to prohibit the member from reprlJsenting a clrellt
before imy COITHTlISSIOn, lmim] or tll[; City coullcil on the Cjroullds thilt the matter in
question may iJventuillly come before, the parllculiH body cm which fhe rnember sits
seems unwarrimted.
In my opinion, this measure will discouraqe cilpable profeSSionals Within the City from
volunteerinlj for positions 011 boards and commissions that are importanf to the
cormTlunity--posltlons which are difficult enouuh to fill With qualified ami knowledgeable
citizells. I dOIl't see a benefit to fhe City in this prOVision but I do see a limitation on the
effec1Jve operClfloll of the Clfy's Vital bOClrds ami commiSSions
Sincerely,
Allen Crutcher
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KRAMER & COMPANY
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Proposed City Ethics Ordinance ill liil.' I!;,
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Testimony lor City COIIneil Mtg ,June S, 2007 ]'1)
My name is Dale Shostrom, and I live at 1240 Tolman Creek Rd
Ashland I am presently the chairman 01 the Historic Commission which I
have served on for the last 10 years l:Jy ProfeSSion, I have been a
Designer-Builder in Ashland since 1974
: am Ilere agCll1l to express some concems 11-18ve vvi!!, the proposed
changes to the City Ethics Ordinance PrevIously, I gave testimony on thiS
subject before the City Council on lViarch 20 Ithen watched the Councti
meeting 01 MClY 15, on RVTV and to my surprise with little debate, the
Council passed the lirst reading 01 the Ethics Ordinance as proposed
Tonight' am asking the Council to reronsider YOIH decision hecause I
foresee serious repercussions that Include discnmination, arbitrary
applications, and unintended consequences if passed as is
The area of question is Sec. E - CONFLlCl OF INl EFH:::ST, Pan 4
REPRESENTING PRIVATE AGENCIES BEFORE CITY AGENCIES OR
COURTS - The last sentence reads "No appointed official shall represent
<1 client for hire helore the Board or Commission to which th8t allicin! IS
appointed, or in any action of proceedings bel ore another Board,
CommiSSion or the City Council on a mailer which came or will come
before the Board or Commission to which that official is appointed"
My concern is with the second part, which reads "No appointed official
shall represent a client lor hire in any action of proceedings belore
another Board, Commission, or City Council on matters which came or
will corne before the Goard or Commission to wllict. tiwl Official is
appointed" ThiS portion of the ordinance is too restrictive - it takes
conflict of Interest too lar. This last sentence should be struck from the
ordinc1rlce for the following reasons'
1. As proposed, it would prohibit ^rchitects, Planners, Landscape
Architects, building and landscape contractors, archeologists, or arborists
Irom presenting their expertise lor hire before City proceedings il they
serve the City and the Public as members 01 a Commission The greatest
potential negative impacts 01 this provision, would be the loss 01 the
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DIll' 01 tIll' ]1J;lllY appollltl'd COlllllllttees such ;lS the lTCl'lIlly forJJJl'd /\SIJl:IIH] S11lTl /]-5
(h'l:Jp;l.';S ('(llllll1ltll'L' or lhe ;\-101Illt ^shl<llld (h-cL'--.lght ('ollln]]llce l ;:lll'l/I\IlL11cly', II1]s
th(lIlf',hl IHl ]OllgC] ;Ippc:n~-; 10 he possihle h<lscd UPOIl;lIl ;lJllClldJJJel1t to I Ill' l'.\]sllllg 1-IIlICS
(),d"""l\l' 'l'l'Clr,c"lly, ('II''I)ICr 3,OK 020 FA wll,ch le"ds
\ OS ())I) r ,/ f(l'j)!('snJ{lnr. Prn.'ul('_ln!e)()sl,)' f?cfore CiIJ' I1gel/('/es Of ('ourIS N'n
('lIIfl/r)).'('(' H,llo.')l) su/or-v IS f){nd fn I-Av'h()lc or 1II f){lJf h)/ {he ('Illi sholl 1I/'j!('iI/, III
hdwlj ofj)} n'(l{1' infereS{s Iwjore (If I}' ngo/cv of {Ill' ('II}' All one/o\'I'r' .\hol/ Ifof
U'!J!l',\('!I{ fJrIV(/{{, Inlcresfs 111 (JNV U('{!OIl Of- I-"D('('('(hng ngOl/lS{ {he 111(('; csls 0/ {fu'
('ur 111 (l!lj/ !l{Ig(lI!O!l {o wl}fch {he ('f(V IS U fNnl)' unless fhe e!/ljJ/f)).'('(' 1.\
f f,/)r(',\'('t/lll/g Illmse(f/hcrse/( os (/ privule ('ilf7Cn Oil fJurefy 1}()rsofJiI/ }J/ls/l/('S,\ No
ufJ/JOIlIff'd of/ic/lfl shull rc!)!'('so/{ (/ c!n'I1I/0! IlIre !Jc/rJrc {he Iwou/ or (()lIIlIlIS,\IOII
{() H)lll'fl thol o!/;('!ol fS a!J!)(J/I1{n/ or III OilY aetion o/pro("('()(hllg }w/iJt(' ullo/fll'r
/Jo{jrd ('ornmrsswn or Ihe ("fly ('ouncil on (J maller wfllc!r CUnlt' or \t'I// ('()lrll'
!w/ore lhe hoard or commiSSIOn 10 whIch lho{ ojj/('fo} is appofn!ed
()Yl'I,dl, I supporl "I] of the proposed ch'lIlgcs 10 Ch"ptcr 30K,020, hul fOI " porlll)l]
oj tl]e last sentence of section F.4, (... or in any action ofpr()cecdin~ /}(ior(' uno/her
hoard cOI1lJuissio/J or the City Council on u multer Jvhich came or will come he/f)u'
fire hoard or commission 10 which that official is appointed.), To me 1]1IS pOri Ion IS
1101 r:]IIOI1;11 and unfair to certain professIOnals \vl1o want 10 partlclpale ]11 theJT OW!l
conllnlln;ly's "fl"lls Ilow can il rcasllnahly be expected to Obl""] 'qll,,]dICd"
proless]olla]s slIch "s "n ^rchitect 10 partlclp"lc on the Plalllllng ('OlllJlllSSllllJ when
hl'ishc cO\l]d Ilever present Ibeir lindings 10 "'lI1olber" hoard eommissloll or Ihe Clly
COllncli s\lch "s the Ihstonc ComJllIssion, Tree CommiSSion, Tr"nic S,dcly 01 (',Iy
Council The s;nne Ilnng appljes 10 <l Certified i\rhonsl or Trallspo/t;l1iol1 I nglllccI
who We <IS a conlJIlIlIllty should desire 10 SIt on the Tree Comm]SS]OIl OJ Tr:dfJ{'
J Ii( ,iddllll)JJdl \V()JdJ)I,I' i() " (is ())(i I '" )11;!V '~Ulllld !'(l()i! OJl 11ll' ';llfi;ln', hlll 11' 1101
]1 ;\ 111;\11)) 1111\l;lkl' \vII1\ 11'!H'II!I','II))I', 111;]1 LI\1 ] (j()':-; n!vc;w..; \VI1;11 \VC lltTd I 11}()/l'
( l'iI]IIII',,'-,j(ll!l:) lL11IJI)1\' )llll 1'])))1111;1111\)1 (1( 1]1(' l)Hl.',1 ljll;1I1rWtl Ih;llI/\ VOll ;1!',ll11 II)t
\"(1\11 1 IVI\ C())l1rlh\1111i11 :\)1(1 1]llpl'!ll]]\ Illl' I1JrljOrlly oj ::/Oll ;J,\:rIT lh:l! 1111.', ;\(ldlli(ll1,d
\\Oltlln,j! Ili.TrI:; 10 hl' Il1llJ11IJ.I'I1]\' ;J1);i1v'/I'd ;111\1 pl)h]J\'I~/ dJsul.')\Cd pllOI In llll;1I
;\(111Pll(111
\11]( (,1"'1\
,\l:il k 1< IIlI\
,) () \\' ,,'t'\';ld;I,\III','1
'1></ /Ill ()
(<1' b. !,." Ir;'cr(f
...;;'(' A,;; ! l.. ..fJ
"C> ,"'-
ORS 244.040(6)
No person shall attempt to represent or represent iJ client for a fee before the
governinC) body of a public body of which the person I', iJ member. This subsection
docs not apply to the person's employer, business rartner or other associate.
Current text:
No appointed official shall represent a client for IlIre before the board or commission
to which that official is appointed or in any action or proceeding before another
board, commission or the City Council on a matter which came or will come before
the board or commission to which that official is appointed.
Better text:
No appointed official shall represent a client for a fee before the board or
commission to which that official is appointed or in any action or proceeding before
another board, commission or the City Council on a matter which came or will come
before the board or commission to which that official is appointed.
Add only prohibition on pro bono
No appointed official shall represent a client pro bono or represent a client for
a fee before the board or commission to which that official is appointed or in any
action or proceeding before another board, commission or the City Council on a
matter which came or will come before the board or commission to which that official
is appointed.
Add only prohibition adding elected officials (Parks C)
No elected or appointed official shall represent a client for hire before the board or
commission to which that official is elected or appointed or in any action or
proceeding before another board, commission or the City Council on a matter which
came or will come before the board or commission to which that official is elected or
appointed.
Add elected and prohibition on pro bono (Parks C)
No elected or appointed official shall represent a client pro bono or represent a
client for a fee before the board or commission to which that official is elected or
appointed or in any action or proceeding before another board, commission or the
City Council on a matter which came or will come before the board or commission to
which that official is elected or appointed.
Add elected and prohibition on pro bono (Parks C & Council)
No elected or appointed official shall represent a client pro bono or represent a
client for a fee before the council, board or commission to which that official is
elected or appointed or in any action or proceeding before another board,
commission or the City Council on a matter which came or will come before the
council, board or commission to which that official is elected or appointed.
NEW
DOCUMENTS
ADDED FOR
THE 9/18/07
CITY COUNCIL
MEETING
})riJl[cdji"o!J/ [he I.eaglle of Oregon (:lties 2007 I.l'glsbtlvc Summary /wges 7/ .72. The/illl
SllmmWT is avai/oh/c online (II HT.\J\~.(!,.ci{ics.!J/~
Ethics
OVERVIEW
Even herore med],-l revelations that several legIslators Eli1ed to report a tnp to MaUl paid for hy
lobbYists, ethics reform \vas destined to receive slgnllicant attentlon III the 2007 legislatIve
session. In 2005, the session \\ias marked by a scandal that resulted lI1 the reSignation and cnnlllw]
conVIctIon of former Representative Dan Doyk, also the former co-chaIr ofthc Joint \Vays and
:\1eans Committee. In a move to shll1e a tarlllsl1l:d Image, the LegIslature instructed the Oregon
La\v CUllllllissioll to conduct a cOlllprehensive stud)-' of Oregon's ethics laws and recollllllend
fl' forms
The Oregon Law ('Olllllllssion llltroduced a package or hills dealing with gl n reporting. lrav'el
restrictions, nepotism, personal bias, anu conflIcts or mteresl. AdditIOnally, legislators came
!(lrward With h1lls that:
. Set monetary limits on gifts:
. ProvH.kd an Independent funding source for the CJovernml'nt Standards and PractIces
('ommlSS]On; and
. Changed the name orthe CiO\Trnmcnt Standards and Practices CommiSSion hack to lIs
original name, the 'CEthics Commissioll."
These bills were lobbied from the first day of sessIon until the last day. Eventually, many
clements orthe approxImately dozen ethICS bdl.~, were condensed Into two: SB 10 and liB 25()5.
ETHICS - PASSED BILLS
SB 10: Ethics Reform
n!ce/ive /Jule. July 3, l007 eilupler I! 77
SB 10 estahllshes a new fundIng system for the Ciovernmellt Standards and Practices C01llmlSS10n
(CiSPC), based on assessments to state agencies and local governments, local serVlce <.hstnets and
speCial govcrnment bodIes.
TIll' commiSSIon shal] determll1e what percentage uf the projeckd budget expenses for the
bll'nmum should be borne by publ1c bodies 111 state government, and local governments, local
ser\ilce districts, and special government bodies that are subject to the MuniCipal ^udit Law.
The state's portion will be paid as tc)llows: a rate shall he established for all puhlie bodies in state
government, and a charge will be established based on the pruportional number of each <lgcncy's
puhlic offiCIals, compared to the total number or state puhhc offiCIals.
The local government's portion will be paid as follows: a charge shall be established based on the
same proportional expense that the local government IS charged for the mUl1Jcipal audit fee under
ORS 297.485, compared to the total amount ass(;ssed for the mUl1lcipal audit fee. This asseSSIlll'nt
will be due annually when ]oeal governments IIIc their audits With the Secretary of State.
SB 10 makes a series of changes to Oregon's ethics laws:
. Increases the maximum rme for an ethiCS VIOlation Irol11 S] ,000 to SS,OOO;
. ReqUires puhlIc offlclais to fde quarterly statements IIStll1g sources Ofl11COllle greater
than S 1,000 and gi tts or honoraria ITcelvcd hy persons WIth a legislative llltcrest germane
to the public ofl,ela];
. Reqll1rcs the (iSP(' to provHk tralIllllg on 1he 1lL'\V reportIllg fequln:mcnls:
. ReqLlllTS the (;SPC to establish an electronic reportlllg sysklll that \"'llI allo\\'" reports to
be made available to tbe public:
. ^lIo\Vs a pub]lc official to establ]sh a Iq!;J! defense fund (Jnd SO]ll:ll contributions: and
. Changes the nallle of the CiSPC to tile "'ltlllcS ('OIlHnISsloll."
SB ]0 also establishes an aggregate annual gdt ]lIn:l ofS50 that a pUh]IC of!lcla] may accL'pt from
any person with an admimstrative or Iegls]at]VL' IJlterest befOlT the olllclal. The h]]1 was Intended
10 lImit gilts to public officials that \verc not lleCeSS;H)' for thc fUIlCtlO1l ofthl'lr office and
exempts the fol]owlng from the gi lt limit:
. I'ravel expenses on tradL' prolllotlon Of econOllllC deve]opment IllISslons:
. Trave] expenses, foods Jnd gIns gIven as p.Jrt of cultura] c.\l:hange. such as a "sister city"
vIsit:
. Food and beverage consullled;Jt an event where the pub]lc olllclalls to perform an
oflicial function, slIch as speak Of present an ;:l\vanL
. ^umittance to a sporting or L'nlertalnmL'nt event \-vhere the publIC orJiClal IS performing a
ccremoIllal functIon;
. Travel expenses assoclated with a contract ill'gotiat]()1l or I~ll't-flndlng I11ISS10n; and
. Cii Its from relatives.
SB 10 contained an cmergency clause and wcnt 11lto erfL'ct rmmcll1akly alter it \Vas signed by the
governor; howcver, the local govemment fundlIlg mechal11sm docs not take effect untll the 2009-
20 II b,clllllum and gifts lim,ts take effect Jalluary L 200{)
liB 2595: Reform in Ethics Commissioll Process
1:lli'eli!'" null',' .fuly 31, 21i1!7 Chaplc!' 805
lIB 2St)5 a)]o\vs local governments and stak\vide a~;SOCI{Jtl()nS orloca] governments to \vrite their
own ethICS po]iclcs and submit them to the Fthrcs ('lH111l1rSSIOn (f'orllllTly the (jovernment
Standards and Practices Commission) llJr approval. A pub]lc ofllcla] could not be sanctioned by
the EthICS Commission or a court if they were actmg in cOlllplJance With their ]ocally drafted and
approved ethics pohcles.
Other prOViSions of the bil]:
. Sets a 60-day timelme for the }<:thlcs COl1l1111SSIOIl 10 respond to a request fOf In advisory
opmion: allows 30 days for a staff opil11on:
. Ilolds harmless a public offlclal that ach III ~lccordancc \vith an Fthlcs CommIssion
advIsory opinion;
. Extends the amollnt of time the Ethics Comlllisslon Illay take to conduct;:1 prelimlllary
case revIew from 90 days to 135 day's;
. Extends thL' maximum tIme allO\ved f(>r an I:lvcstlgatlon from 120 days to lXO days;
. Removes the "opt-Ollt" provision from statute that a]lo\vs a public olTicia] accused of
wrong doing to transfer thL'ir case to ClITLllt court: and
. Bars pubilc officials from hinng, finng or SUPlTvlslng a fe!atlve or household memher.
The League was successful in removing a proviSion orthe billlhat would have rendered a
decision hy a puhlic body invalid if a puhlie oi'ficial involved in the decision acted
1Il1properiy." Such a provision wouid have had a damaging effect on local government
hond ratings.
2
74lh 01{ECON LEC1SLATIVE AS~I':VIBLY--2()07 ){q.,'llLn Sv~,;j()n
Enrolled
House Bill 2595
Sponsored by COrvIMITTI<:E ON ELECTJO.:.JS, ET!IICS ^\lD RULES (at tlll' request. of Orpgon Law
Commission)
(:lIAIYl'EH
AN ACT
]{clating to government ethlcS; creating new pnJvlsio!1s; anH'ncllng OH.S U;2.00;'), 17L7.1:3, 17LnlO,
J71,772, 171.77H, 244.010, 2'14.020, 2.-14,050, 2/14.05:"), 2.1,1.090, 2,14.]00, 2.1"1.110, 2,'H.] I:"), 2'H.I;10,
244.160, 211.195, 24/L250, 244.260, 214.270, 2.14,21-\0, 2.14.290. 2'H.:l()(). 2/1,1.:il(), 214.:120, 214.:340,
214_:115, 244.:1fiO, 244.:160, 214.;370, 244.:mO, 244.:190, 244.400, 29:3.70H ,mti 469.R 1(); repealing O]{S
24.1.0:iO, 244.0RO, 244.11-\0, 244.190 and 214.201, and declaring an e!llprgency.
Be It Enacted by the People of the State of Oregon:
COMMISSION STRUCTURF:
SECJ'ION 1. OKS 2.1>1.250 is amended to re;ld:
214.250. (]) The Oregon Covernnwnt [''''taruianl.~ and flroc/in'sl Ethi(~s Commission is estab-
lished, consisting of seven members. The appointment of a member of the commission is subject
to confirmation by the Senate in the manner provided in ORS 171.562 and 171.5(-j5. Members
shall be appointed in t.he following manner [to he ('onflrml'd hv the Senalel'
(a) [Follr memlwrs appointed hy] The Covernor shall appoint four members from among per-
sons recommended, one each hy' the leadership of the J)pmocrat 1e ;md ]{ppllhlic!lll parties in each
house of the Legislative Assemhly. If a person l't'c()Jnmended by the leadership or t.he Democratic
or H,epublican part.y is not approved by the Governor, the leadership shall recommend another
person ]shall be recommended].
(h) [Three memher::; appointed hy] The Governor shall appoint three members wlt.hout leader.
ship recommendation!'J. No more than two lu{ whom ::;hall he {rom] members. appointed under this
paragraph may be members of the same major political part.y'
(2) [No] A person who holds allY publlc office listed in ORS 2t\.1.050 (J) except as a member of
the commission [::;hallJ may not be appointed 10 t.he commisslOn .\io more than four members
[shall) may he members of the same political party
(:~) The t.erm of office of a member is four years. (No] A memher [slur/! be] is not eligible to
be appointed to more than one full t.erm but may serve out an uncxpin~d tenn. !I/oweuer, those
memhers fIrst appointed to the commission seruinfI less than (f three-year term arc eli!:ihle fi)r (J second
appointment for (J fidl term, J Vacancies shall he filled by the appoint.ing <lllt.rorit.y for the uTH'xpired
term.
(4) The commission shall elect a chairperson ami vice chairperson for sllch terms and duties as
the commi:;sion rna.y require.
Enrolled l[oust' Bill 2~-l),') (I]B ~~9.'":i-B)
P;lVl'
(;)) ^ quorum con~i"ts of" four mcmbers hut Innl a hnal decision rna,Y not be 111,1de without an
;lfTinnative vot.e of [Ihe) a:najonty oC the Inpmbcn; appoillted to thc cOlllmi",'iIOn
Ujl Members shall be l'ntit.lcd to compi'ns;ltlOl1 ;lnd l'XpCJ1SCS as provided in ons 292A95
(7) The commJssion may retain or appoint qualifl(.d legal coum;e] who Ishall] must be a nwrnber
of the Oregon Stat.e Bar and who Ishall he] is responsible t.o the comnllssion. The appointment. of
legal counsel under this subsect.ion lshall[ may be m;H]e only w}wn the commission fInds it is inap-
propnate and contrary to thl' publ1c interest for th~' oflic(' of the Attorney Genera] to represent.
concurrently more than one public official or agl'ncy 111 any matter before t.he commIssion because
[such] the representation:
(a) Would create or t.end to create a conf1](:l 01' i:'lt.crcst; and
(h) Is not subject to ons l'sO.2:'W or IHO.2;3;).
(k) The Attorney CcneraJ l.~/ln!![ may not r('pn'~('llt before the commisswl1 allY state public of-
ficial who is the subject of any complaint. or adlOl1 oj' t.he commIssion at t.he commission's own Ill-
st.igation.
CONSIDERATION OF OTHER SANCTIONS
SEgTION __~.: ORS 244.:i90 is c1lrH~nded to rC;lr1:
241.:,HlO. (1) IThe j)(',wlties and .'-;andiollS imfJosed hy Ihis chapter are] A penalty or sanction
imposed issued by the Oregon Government Ethics Commission or a court under this chapter
is in addit.Jon to and not. in ]l(~\l of an.v other rWI1<llty or sanction !prescrihed or outhorized by laro
which applies 10 the condue! or public olliciols J that may be imposed according to law
(2) Before making a finding that there is cause to undertake an investigation under ORS
244.260 and before imposing a civil penalty under ORS 244.:j50 or 244.3flO, the commission or
a court shall consider the public interest and any other penalty or sanction that has been
or may be impost.~d on the public official as a result of the same conduct that is the subject
of action by the commission or court under ORS :!14.2flO.
(3) Nothing in this chapter is intended to affect:
(a) Any statute requiring disclosure of e(~onomic interest by any public official or candi-
date for public office.
(b) Any statute prohibiting or authorizing spt.'cific conduct on the part of any public of-
ficial or candidate for public office.
RULEMAKING
SECTION it ORS 214.~~90 is anwnded to re;ld:
---,-
2-14.290. (1) The Oregon Covernment IS'lundards and J)racticf'sJ Ethics Commi.'ision shall:
l( 1)1 (a) Prescribe forrm; for statements required by t.his chnpter and provide the forms to per-
sons required to fi]e t.he statements under this ch:lpV'r or pursuant to a resolution adopted [pur-
mant thereto j under ORS 244.160.
[(2) Prepare, publish and provide (J manua! selling j(irth recommended lllllrOrm methods or reporl-
inJ-: [or llse by persons filing statements finder this chaj;ter or resolution adopled pursuonl therc/o.)
!(.'?}J (h) Develop a filing, coding and cross-indexing syst.em consistent wit.h the purposes of t.his
chapter.
[(4)J (c) Prepare and publish [such] reports la.~[ thl' commission finds are necessary.
(d) Make advisory opinions issued by the commission or the executive director of the
commission available to the public at no charge on the Internet.
(e) Accept and file any information voluntarily supplied that exceeds the requirements
of this chapter.
(f) Make statements and other information filed with the commission available for puhlic
inspection and copying during regular offi(~e hours, and make copying facilities available at
a charge not to exceed aetuaJ cost.
FTlrnllprl lions!.' Hill ~:lq:; (flH 2~,'l:,-11)
P:,;..:<' '2
1(5)1 (2) The commission shall adopt rult>s lH'cc~sary to carry out its dULies under OES 171.725
t.o 17L7k,"j and 171.9~)2 and this chaptl'r Includmg nde;; to
(a) CrpaLe a procedure undpr which items before the comTlli;;sion may be "xeatcd \lTlder a consl'nt.
calendar und vot.ed Oil as a single it.em:
(b) Exempt ::l public official who i;; othprwio;e rl'qulrpd to rile a stiltpment pursuant to ons
244.050 from filing the statenlPnt if t.he regularity, nmnber and fn>qllency of the meetings amI actions
of the body over which th(' public official has jllrj~;didioll :lr(' so rev,,.. or infrequent. as not to warrant
the public disclosure;
(c) Estabhsh an adminlstrntive proceo;s whereby n person subpoenaed by th,~ commission may
obtain a protective order; land J
(Il) List criteria and pstablish a process for tlw commissioll to use prosecutorial dIscretion to
decide \vhcthcr to procped \vith an inquiry or inv"s! igatiOIl;
(e) Estahlish a procedure under which the commission shall conduct accuracy audits of
a sample of reports or statements filed with the commission under this chapter or ORS
171.725 to 171.785;
(f) Specify when a continuing violation is considered a single violation or a separate and
distinct violation for each day the violation oe(~urs; and
(g) Set criteria for determining the amount of civil p(~nalties that the commission may
impose.
(:-l) The commission may adopt rules that:
(a) Limit the minimum size of, or otherwise establish criteria for or identify, the smaller
classes that qualify under the class exception from the definition of "potential conflict of
interest" under ORB 244.020;
(b) Require the disclosure and reporting of gifts or other compensation made to or re-
ceived by a public official or candidate for public office;
(c) Establish criteria for cases in which information relating to noti(~es of actual or po-
tential conflicts of interest shall, may not or may be provided to the commission under ORS
244.1aU; or
(d) Allow the commission to accept the filing of a statement contalining less than all of
the information required under ORS ~44.060 and 244.070 if the public official or candidate for
public office (~ertifies on the statement that the information contained on the statement
previously filed is unchanged or certifies only as to any changcd material.
(4) Not less frequently than once each calendar year, the (~ommission shall:
(a) Consider adoption of rules the commission deems nect.~ssary to implement or interpret
provisions of this chapter relating to issues t.he commission determines are of I{eneral in-
terest to public officials or candidates for puhlic office or that arc addressed by the com.
mission or by commission staff on a recurring basis; and
(b) Review rules previously adopted by the commission to determine whether the rules
have continuing applicability or whether the rules should be amended or repealed.
SECTION 4. Section 5 of this 2007 Act is added to and made a part of ORE; chapter 244.
SECTIQ~___i?-.': (1) For the purpose of protecting against violations of the provisions of this
chapter, a state agency, as defined in ORB 18:l.750, or a statewide association of public bodies,
as defined in ORS 174.109, may adopt rules or policies interpreting the provisions of this
chapter. The rules or policies must be consistent with the provisions of this chapter. A state
agency or a statewide association of public bodies may submit nllcs or policies adopted under
this subsection to the Oregon Government Ethics Commission for review.
(2) Upon receiving rules or policies submitted under subsection 0) of this section, the
commission shall review the rules and policies to determine whether ilhe rules and policies
are consistent with the provisions of this chapter. The commission, by a vote of a majority
of the members of the commission, shall approve or reject the rules or policies. The com-
mission shall notify the state agency or statewide association of public bodies in writing of
l-<:nrolll'd I-louse Hill ~:i~l!'i (lIB ~;j!l."i-Bl
P:lgl' :'1
the commission's apprmlal or rejection. A wriUt.'rl notice of rejedion shall explain the rea-
sons for the rejt.~etion_
un Unless the applicable rule or policy is amt.'nded or repealed by the state agency or the
statewide association of public bodies, the commission or a court may not impose a penalty
under ORS 244.a50 or 244.:~60 on a public official for any good faith action the official takes
in compliance with a rule or policy that was adopted hy the state agt.~ncy that the official
serves, or by a statewide association of whieh the public body that the official serves IS a
member, and approved by the commission under suhsection (2) of this section.
SEC'IJON 6. OW:; 244100 i~ ;lIl1ell(I(~d to n'ad:
244.100. [(1) The Oregon (;oucnu)Jcnl S!andortls (l!:'d I'rnclicl's Commission h)' rule lrW)' requirc the
disclosure and repo,-lrng or gifts or olhcr ('mllpc!1.<-;ullon m(ule !o or received h.-v (J pub/t(' o/lrcial or
CWldido/c for dectit'e o/flce, J
1(2) The commission h) 1"/111' mo.\' exempt Frmll the gift limitation con!cllned in Onl..,' 244JJ40, on.)'
gift of (ood or heverage bu.l mo-y require that lL'hl'lI Mlfts o( Food or !wucrage c.Tcced (J dollar amount
fixed by the c'onufllssiofl, the SOIUT(' thercoF shll!l he disclosed on a (orm prescriherl hy the
comm ission.1
1(3)] In addition to any di,;cl()s\Jrp~ or reports r('qllln~d under ISl1hscc,tio!ls (Jj and (2) oj" this sec-
tion I this chapter or rules adopted under ORS 244.2HO, ~ny person or organization that provides
a public official with f(jod, lodging or lr;lvel PXp('IlSeS pxcceding 1$50] $100, <:IS descrihed 1Tl OH.S
244.060 ((n, shall notif:y the public offlCJal in \-\Titing of" till' n.Jt\ount of the expense The notice shall
be sent. to the puhlic official vviLhin ]0 da)'s from tlw date Isuch] the expenses are illcurn~d
SECTION 7. ORS 24,1.110 is amended to read:
244.] 10. 0) lJ\ny] Each .'it.atellwnt of pCO!JOrnic inlerest rpquired to be filed lhy] under OHS
21:1.050, 244.060, 2,14.070, 1244.080,J 24,1.(1!JO or L'H. lOn, or by rule under ORS 244_290. and each
tnl(lin~ statement required to he filed under ORS244.055 shall be signed and certified as true
by the person required to file it and shall contain lIlT" he tw,-ili'ed by) a written declaration that
lit] the statement is made uIHil'r' t}w !wn,lltws or f'al.~e s\vcaring. I,Such declaration sholl he in licu
o{ an.}' oath othcrwise ret/ll/red.1
(~) INo person shall wirt(rdL.'/ rrwt,>c (lnd sllhscri!w ony rdurn .'-ilatemenl or other document l1!hich
con/a ins or is verified hy a (rri!ten dedo/"(/!um Ihol il IS /rI(H!e under pel/ollies j(Jr (alse su'eurin;.;, which
the person does not hefielle I,') he IrllC (lnd ('or,-e!"! 10 ('('en' rrw/terj A person may not sign and certify
a statement under subsection (l) of this section if the person knows that the statement
contains information that is false.
(a) Violation of subsection (2) of this section is punishable as false swearing undt.~r ORS
162.075.
SECTION 8. ems 21:1.020 is amended to rcad
241_020_ As lIsed in thi;~ chapter, lJJ1less tlJ(' cOIltext requIres otherwise:
(1) "Actual conflict or i,~lterl'~t" means an)' <lct.ion or any decision or recommendation by a per-
son <:Icting in <:I cap<:lcity ,Hi a public official, the erCpct of which would be to the private pecuniary
benefit or detriment of the person or tJw person's relativl' or any business with which the person
or a relative of the persor is associat.cd unless the pecullJar.y benefit. or detriment arises out of
circumstances described in subsection (H) of this ~-il'ction.
(2) "Business" means any corporation, partlll'l";;hqJ, proprietorship, firm, enterprise, franchise,
association, organizat.ion, self-employed individual and any other legal entit.y operat.ed for economic
gain hut excludmg any income-producing not.-ror-profit corporation t.hat is tax exempt under section
50](c) of the Internal J{evenue Code with which a public official or a relative of the pub1ic official
is associated only as n. member or board director or in a nun remunerative c<:Ipacity.
(:{) "Business with which the person IS as,;ocin.lerl" means:
(3.) Any private bllsines:,; or closely held corporat]()~l of WhlCh the person or the pl~rson's relative
is a director, officer, owner or emplo)'cp_ or agent or any private business or closely neld corpo-
ration in which the pi'rson or the person's rclativl' OWII" or has owned stock, another Corm of equity
Enrolled Hous(' Hi]) 2S% (lIB 2.'i9:1-B)
I':lgl' 4
inten>st., stock optHlns or debt inst.ruments wort.h Sl.OOO or mort' <It. any point in the pr(>cI~ding cal-
cIHlar )'ear;
(b) AllY publicly held corporation in wrlich tnt> peLson
owned $lOOJlOO or more in stock or arlOLhCI' forIll of eqtllt.y
menU:; at any point in the preccding calpndar yc,lr;
(c) Any publJcl,y held corporation or \vhich the !wrson or the person's relative is a director or
officer; or
(d) For public officials required to hIe ,1 state;lwnt. of eco/lomic intt~rest under ons 244.0,50, any
busllless from which 50 percent or more of the tdal annunl income of t.he person and rllt'mbers of
the pprsnn's household is derived durlllg the currpnl Calelld<lr year.
(4) "Commissjon" means tll(> Oregon (;OVt'rTllTlCnt j,S/andard:-; and PraclicesJ Ethics Commission.
(;:)) "Development commission" meHns any entlt). which has t.he authority to purchusc, develop,
improve or lease land or the authoriL.v to opera\(' or din'c! the use of land. This nuthority must be
more than ministerial.
(6) "Expenditure" has the meanlllg glvpn t.hat ti'nn in ORS ~(-;{U)()5.
(7) "Gifl" means somethlng or t'conOlTllC valul' giVP!1 to a p\lhlic official or the public officIal's
relative without valu8ble considpration of" equivalent valw', including the full or partial f'orgivenpss
of indebtedness, which is not ext.ended to others who ;lre not public officials or the relatives of
public ofCicials on the same terms :Jnd conditions: :md somdhing of economic value given to :1 public
official or the puhlic of'flcia1's rclativp for v,duabl(' consideration less thaI) that required from otht~rs
who are not public officials. However. "~;ift" due." noL mean:
(8) Campaign contributIOns, as described III O!{S chapt!'r 2(-j{)
(b) Gifts from family members.
(c) The giving or receiving of food, lodging ClIH1 tr:1\/pl when participating in an event WhlCh
bears a relationship to the public offiCIal's olhce ,1nd when appearing in an official capacit.y, suhject
to the reporting requirement of O]{S 244J)(-j() (6).
(d) The giving or receiving of food or bt>ver,lgc if thp food 0[" bevprage is consumed by the public
official or t.he public official's n>lativcs In thp pn'sellCl' of t.he purchaser or provider thereof
(e) The giving or receiving of pnt.erL1inment if t.he entertainment is experienced by the public
official or t1w public ofllcial's relatives In thp pre:eI1U' of t.he purchaser or provider thereof and the
value of the entert.ainment does not exC('ed S 100 Jl{'l" person on d single occasion and is not greatcr
t.han $2,50 in anyone calendar year.
(8) "Honoraria" means a payment. or something of economic value gJVen to a public official in
exchange for services upon whirh custom or pl'opnet..v prcvI'nts the sdting of a price. Services in-
clude, but are not limit.ed to, speeches or other !iprvires renden>d in connection with an event at
which the public officwl appears in an ofhcial capacity
(9) "lncome~ means income of any n,lturc (knved from any source, including, but not limited to,
any salary, wage, advance, payment, dIvidend, int.cre,;t., rpnt, honoraria, return of capital, forgiveness
of indebtedness, or anything of economic v,dt/{,
(10) "Legislative or administ.rative intl'n>st." rncans an economic interest, distinct from
the general public, in one or more bills, resolutions, regulatJOns, proposals or other matters
to the action or voLe of a person act.ing in the ca~)acity of a puhlic official.
(11) "Legislative offlcial" means any member or member-elect of' the Legislative Assembly, any
member of an agency, board or comnllu'ec th,lt is ::lar!. of t.he legIslative branch and any stafl person,
assistant or employee thereof.
(12) "Member of' household" means imy relatIve who reSIdes with the public ofliciaL
(1;:n "Planning commission" mcans a count,v planning commission created under ORS chapter 215
or a city planning commission cn~atpd under OW" chapter 227
(14) "Potent.ial conflict of intpn~st" ml'ilns any :lct.ion or any decision or recommendation by a
person acting in a capacity as a pubhc official, thi~ ('ffpcl. of which could be to the private pecuniary
benefit or detriment or the person or tJ1l' pl'r~on'~ relatIve, or a business with which the person or
or the pprson'~ relatlve o\vns
lI11.l'rt'sL stock options or deht
or has
Instru-
that of'
suhject
Enrolled House Bill 2fj9S (lIB 2:i9.'J-B)
P"~:F' :;
the lJ('rson's rebtlve is as~;oci;lted, unless thc pecunIary bCTwflt or detriment arises out of the fol-
lowing
(;1) An interest or memhershJtl in a partlcllbr bm;iness, industry, occupation or other cbss re-
quired by law ,lS a prcrcqtlisitc to the holding lv,' tlw person of the otlice or PO:;itlOll.
(h) Any action in the person's official capacit.y \vhich would afTect to the same degree ;1 class
consistmg of all inhabitants of the state, or a smaller class consistmg of an industry', occupatJOn or
other group ll1cluding one oj' which or in which the pnSOll, or the person's relat.ive or business with
which t.he person or t.he peLson's relatlve is associated. is ;! member or is engaged. IThe cOlluni.';sion
nw)' h.y rull' hrrut the minimw7l .';izc or ()r otheru.:isc i's/ohlrsh cnteria [or or identily the snUlller classes
that quoit!)' under this exception.]
(c) Membership in or membership on tlw hoard Ill' dIrectors of a nonprofit corporDtion that is
tax-exempt under section FlU I(c) of the Int.ernal !{eveflllc Code.
(1 S) "Public ofTiclDl" mc',HJS any person who, \\'hel1 an alleged violation of this chapter OCCllrs,
is serving the State of Oregon 01' ;Hl)' of its political subdivisions or any other public body of the
sL1te as an officer, emploY'2e, agent or ot.herwise, and irrespective of whet.her th.' person is (OIll.
pensated for such services.
(Hi) "]{elative" means the spouse of the public o/Ticial, any children of the public official or of
the pubhc offlcial's spouse, and broLlwrs, sisters or parents of the public official or of the public
of!lci;lJ's spouse.
(17) "Statement of economic interest" means a statement as described by ORS 214.060 to 214.0HO.
(JK) "St.atewlde official" means t.he S('crctary of State or Secret.ary of State-elect, State Treas-
urer or State Treasurer-elect. Superintendent. of Puhlic Inst.ruction or Superintendent-dect of Public
Instruction, Attorney General or Attorney Cencralelcct and the Commissioner of the Bureau of
Labor and Industries or the Com miss lOner-elect of the Bureau of Labor and Industries.
(19) "Zoning commission" means an entIty t.o \vhich is delegated at least some of the discflL
tionary aut.honty of a plannmg commission or governing body relating to zoning Dnd land use mat-
ters.
SECTION 9. OHS 214.1:10 is arnendl~d to n~ad
---.-
24.1.1::lO. (I) When a public o/"flci<ll gives no1.ice of ,ltl act.ual or potential conflict of int.erest, the
puhlic body as defined in ORS 174.109 that the public official serves shall record tlw actual or
potential conflict [shall be /"econiedl ill lhe ofTicj,J! records of the public bodyL and]. In addition, a
notIce of the actual or potential conl1irt. and how it "vas dlsposed of may in the discretion 01" the
public body be provided to the Oregon Coverllment [Standanls and Practices] Ethics Commission
within a reasonable period of time. IThe commission nUl}' hy rule establish criteria F)r cases in 1,-,'fIlch
such in/(wmat/on shall, shall !lot, or ma,',' be pruuuied ii; Lt. J
(L) It..,To] A decision or action or 011)' public olfici,jl or <lny board or commission on which the
pubhc official sprves or agency by \vhich the pllbllC o!Ticwl is employed [shaUJ may not be voidl'd
by any court solely by reason of the f(lJlure of the puhlic onicial to disclose an actual or potential
conflict of interest.
SECTION 10. O}{S 244.195 is amE~nded to read
244_195. (1) [The city recorder or county cleric, respectively, shall provide to euay person ne/DI:,/
eleeled or appointed to any city or county olll('e Fir which statements of financial interest are required
under (JUS 214.050 information ahout the requirements oj' ORS 244.050, 214.060, 244.070, 244_080 and
244.090] A person designated by a public body as defined in ORS 174.109 shall provide infor-
mation explaining the requirements of OR..>.; 244.050, 244.060, 244.070 and 244.090 to each newly
elected or appointed public official serving the public body who is required to file a verified
statement of economic interest under ORS 244.050. The infonnation must be received by the
public official either at the flrst meeting aUenc]('d by the Inew ol!rcerJ public official or before the
lullreer] public official t.ake:,; the oath of offlci', whJChl.'ver [is] occurs first.
(L) At the tinH' of fulfilling duti,'s ullder suhsectJOn (I) of this section, the Icity recorder or county
cleric] person designated by the public body shall provide to each Inew oll/'cer] newly elected or
1'~Tlrol1!>d 11!)1l~1' Hill 2;)!J.') IIIB :~;,lj.'),H)
!':lW:-' f;
appointed public official serving the public body a copy of the statements and explanatwn pro.
vided to th(~ [61.)/ r('('urder or ('UWl!.V der;") public body under subspction (:3) of this sectam
(:3) Th(~ Oregon GovernIlwnt. IStani/urr1s (lnt! PructU'i'S] Ethics Commission shall provide copies
of the statements described in ems 21.1,()60, 21'U1701, 244,()80] and 244.090 and an explanat.ion of Uw
requirements of the law relat.ing to t.he st.atements to each lei!:)' recorder and county clerk] public
body that is served by a public official who is required to file a statement described in OHS
244.060, 244.070 or 244.090
(4) [Any person deser/her! in suhscctwn (1) or this sectiun] A newly elected or appointed public
official serving a public body who IS not lnfonned of the filing n~quirement.::; under ons 24.~.0:1(),
244J)60, 244J)701-, 214JNW] and 2,11.090 and provided wit.h a copy of t.he statements and expbnatioll
[descrihed In suhsedwn (3) of'] as required under this section before attending the first meeting
or t.aklng the oath of office m,l)' rl'c;ign that office WIthin 90 dayc; Lht~reafler or he fore t}w next. date
specdil'd in ons 2'H..050 fil!' t.he filing of a C'taten1l'nL, whichevl>r is [longer] later, without filing [an)'
s/ulcment] a verified statement of economie interest and without. incurring a sanction or ~H'nalty
that might ot.herwise be impost'd for not filing.
SECTION 11. ORS 2-1.1.270 IS amended to read
2,H.270. (1) If the Oregon (;oVl'rnIlH'nt [.'-:.'/0I/(1([1"I1s (Jnd Practices] Ethics Commission /'inds that
an appoint.ed puhhc officiul has violated an.y provision of t.his chapter or any rule adopted [pllrSIl(}!/t
thereto] under this (~hapter, the finding [shall I"IJ/!stitutc] is prlma facie evidence of unfit.nes~; where
removal is aut.horized for calise either b.y law or pursuant. to section 6, Art.icle VII (Amended) of t.he
Oregon Constltut.ion
(2) If the commission finds that a public offi(~ial has violated any provision of this ('hapter
or any nile adopted under this chapter, the commission shall notify the public body, as de-
fined in ORS 174.109, that the public official serves. The notice shall describe the violation
and any aetion taken by the (~ommission. The commission shall provide the notice not later
than 10 business days after the date the commission takes final action against the public
official.
ADVISOHY OPINIONS
SECTION 12. Ol{S 244.2RO is aml'nded to rp,ld
-,.-
244.2RO. (1) Upon t.he wriU,t>n requl'st. of [0/1\ Pllhlie officw!, candidate for pl1hlic olfice or] an)'
person, or upon it.s own motion, the Oregon Covp,nrnent [,S'tandurds and Practices] Ethics Cornmis-
SlOl1, under signature or the chairperson, may j~;.'iue and publish written commission advisory
opinions on Uw Irequiremen/s) appli(~ation of any provision of t.his chapter!, based on' to any
proposed transaction or action or any ,lctuaJ or h.'Y'pothctica] [circumstances.] circumstance. A
commission advisory opinion, and a decision by the commission to issue an advisory opinion
on its own motion, must be approved by a majority of the members of the commission. Legal
counsel to the commission shaH review a proposed commission advisory opinion before the
opinion is considered by the commission.
(2) Not later than 60 days after the date the commission receives the written request for
a commission advisory opinion, the commission shall issue either the opinion or a written
denial of the request. The written denial shall explain the reasons for the denial. The com-
mission may ask the person requesting the advisory opinion to supply additional information
the commission considers necessary to render the opinion. The commission, by vote of a
majority of the members of the commission, may extend the 60-day deadline by one period
not to exceed 60 days.
(3) Except as provided in this subsection, llnless the commission advisory opinion is re~
vised or revoked, the commission or a court may not impose a penalty under ORS 244.:-150
or 244.:160 on a person for any good faith action the person takes in reliance on an advisory
opinion issued under this section. The commission or a court may impose a penalty under
OIL'-; 244.:-150 or 244.:-J60 on the person who requested the advisory opinRon if the commission
E'lY0!!<:>d !bL~(-' Bi!! 2:--;~.1:~ om ~:--;~.I~_H)
l)"....
. "h'
or court determines that the person omitted or misstated material facts in making the re-
quest.
[(2) I{ any f-!lIhlic oll/cial or hll,'nr!ess lL'rlh w!lIch the Pllh1ic off"icw! is Ilssl)cinlcd is in duubt
whether (J proposed lronsauin!t or actIOn mns/itutes a L'iolation or tlus chapter, Ihe public ufflcia! or
the busille.'-;"'; maJ' n'lllU'.<,'{ in luritln/f Q (ieterminotion From the commission, IF WI)' puhlrc offIcial i.,,' in
doubt I.dIelher u'('eipl or all !wl/orarin is In ufo!a/lOn of this chapter hecouse the person po,yin,!.; the
honoraria mo,'\' he rOllnd to haec 0 !e,/-;is!o/iue or adl/unistratiuc interesl. the puhllc orf/cwl shall n'(jllcsl
in writlnj.; n dderminul/o!l from the ('o/nml.<;sio!l. The n'lluestcr shall supply such illf()nrwtwn as the
commisswn TI'lllll'sl.s lo enable It 10 issue the uz!erpre!a/ioll.1
1(3) i\ puhli(' offl'c/n! or husiness [vilh which 0 puhl/(.' off/ein! is associated sholl not he liahle under
lhis c!wpter, fiJl' ally (Jclion or lransuc!lo!l caITied Ollt in o('Cordance wilh an udl.'isOl)' Ir!terprctolio!l
issued under sllh:';ecliol1 (2) of' this section. Such an uduu-:()ry interpretation shall hI' consu!cred u f'orma!
opiniolJ hocIII,/-; preccdelLtwl efj('c/ and shull he suhject 10 reuiCli' h.,/ legn! COUfI.<;c/ tu the c(unmissi()!l
befi>re the interpretotion is sent 10 the requester.J
SECTIpN 1:~-.: Section~ 14 and 15 of this 2007 Act are added to and made a part of OIL.\')
chapter 244.
~~;CTION.__~ (1) Upon the written request of any person, the executive director of the
Oregon Government Ethics Commission may issue and publish written staff advisory opin-
ions on the application of any provision of this chapter to any proposed transaction or action
or any actual or hypothetical circumstance.
(2) Not later than ao days after the date the executiVe director re(~eives the written re-
quest for a staff advisory opinion, the executive director shall issue either the opinion or a
written denial of the rel)Uest. The written denial shall explain the reasons for the denial. The
executive director may ask the person requesting the advisory opinion to supply additional
information the executive director considers necessary to render the opinion. The executive
director may extend the aU-day deadline by one period not to exceed au days. The executive
director shall clearly designate an opinion issued under this section as a staff advisory
opinion.
un Except as provided in this subsection, unless the staff advisory opinion is revised or
revoked, before imposing any penalty under ORS 244.350 or 244.360, the commission or a
court shall consider whether the action that may be subject to penalty was taken in reliance
on a staff advisory opinion issued under this section. If a penalty may he imposed on the
person who n~quested the opinion, the commission or court is not required to consider reli-
ance on the opinion if the commission or court determines that the person omitted or mis-
stated material facts in making the request.
(4) At eadl regular meeting of the commission, the executive director shall report to the
commission on an staff advisory opinions issued since the last regular meeting of the com-
mission. The commission on its own motion may issue a commission advisory opinion und{~r
ORS 244.280 on the same facts or circumstances that form the basis for any staff advisory
opinion.
SECJ~I9N 1~~ (1) Upon the written or oral request of any person, the executive director
or other staff of the Oregon Government Ethics Commission may issue written or oral staff
advil~{~ on the application of any provision of this chapter to any proposed transaction or
action or any actual or hypothetical circumstance. Any written advice not designated as a
staff advisory opinion under section 14 of this 2007 Act is considered staff advice issued under
this section.
(2) Before imposing any penalty under ORS 244.a50 or 244.360, the commission or a court
may consider whether the action that may he subject to penalty was taken in reliance on
staff advict: issued under this section.
SECTION 1(;. OH.S 244.310 is amended to read:
-'.~-_. .-
211.;.nO. (1) The Oregon (;ovprnment [Slandards and Practices] Ethics Commission shall appoint
an CX(~ClJtlV{~ director to serve at the pleasure of the CU!lJrmSSlOn.
Enrnlli'd Homl' Bill ~I;)q:i IIIB :!:i',!;,-Hl
!"lgP 11
(2) The executive dir'ector [shall he] is rcspollsJhlp fOf the administ.rat.ive operatiolls of the
commission and Sh,111 pr~rform such other dut.ies ns may be designated or assigned to the executivp
directof from tlllW to tmw by' the commlssion. [ffou'cuer, [
(:~) The comllll.,-;"ion 1...;Jw/l] may not delegate the power to Imahe rc,gulatlO/ls) adopt rules or
issue commission ,H-Ivlsory opinions to the execut.ive difl'ctOL The executive director may issue
staff advisory opinions as provided in section 14 of this 2007 Aet.
SANCTIONS
SECTION 17. ems 2'H.O:""i() is amended to f(',ld:
24.1.050. (1) On or hefon> April l.S of each Yl';1r the following pefsons shnll file with the Oregon
Government [,Standards (lnd Praclicesl Ethi(~s Commission a venfied st.at.ement. of economic int.erest.
as required under this ch;lpt.er:
(a) The Covernor, Secretar.\-' of Stat", St.ate '['rc,-lsLlrer, Attorney General. Commissioner of the
Bureau of Labur ,lIld lndustries. Supenntendent of Public Instruction, district attorneys and mem-
bers of the LeglsLltlve Assernbly
(h) Any judici:ll officer, includu1g just.ices of t.hl' peace and municipal judges, except [municipal
judges In tho.~e cities whn-c (/ mOjol'i(v of the uotes ('(Ist in the suhject city in ;~he 1974 ~eneral election
was III OppOSitlO/l to thl' Imllot measure provided /ill' in sectioll 10, chapter 68, Oregon Lwus 1974
(spICc/al session), owl ex('('{)11 :In}-' pro tern judicial officer who dol'S not otherwise S(TVe <IS a jmllual
oflicer
(c) Any can(hdate for [an] a public of/lce dpsign,.lted in paragraph (a) OJ' (b) of t.his subsectiolL
(el) The Deputy Attorney e~encral.
(e) The Leglslativ(> Administrator, thp Legislative Counsel. the Legislative Fiscal OffiC(~r, the
S('cretary of the Senate ,ll1d tl1c Chief Clerk of the House of H.cpresentatives.
(I) The Chanccllor alld Vice Chancellors of the Oregon University System and the presid(~nt and
vice presidents, or t.heir administ.rativ(~ equivalents, in each institution under the jurisdiction of t.he
St.ate Board of lIiglwr EducatwrL
(g) The !'ollowing sLltp officers:
(A) Adjutant. (>rwral
(B) Director of Agricultun>.
(C) Manager or SLit.c Accident. lnsllrance Fund Corporation
(1)) Water I{esourc(>s Director
(I-+:) Direct.or of Dppartment. or Environment.al (luality.
()<') Director of ()regon I)ep<lrt.rnent of Admini"t.rntivp Services.
(C) State Fish and \-Vildli['t' Director
(II) State }<'orpst.{'r
(I) State Gpologist.
(,I) Director of lIunlan ServlcPs.
(K) Director of tlw Department of Consumer and Business Services.
(L) Director of t}w Depart.ment of State Lands.
(M) St.ate LibLlriilll.
(N) Administrat.or of Oregon LHJuor Cont.rol C:ommission.
(0) Superintendent. of State Police
(P) Director or t.he Public Employees Ret.iremt'nl System_
((n Director of Department of IV.'vernw_
(10 Director of' Transportation.
(S) Public Utilit.y Commissioner.
('I') Director of' Veterans' A!hiirs.
(1)) Executive Director of Oregon Government I,','lnndol'ds and Practicesl Ethics Commission.
(V) Director of' the St.<lte Ikpartmcllt. of Encq~y
(W) Dm:ctor ilnd each as:-,;ist.ant. dIrector of tlw Oregon St.ate Lottery.
Enwlll'd !!oUSt' Bill :2:lq:) (II!\ ~:"j~J:i-H)
p,!W! q
(h) Any assistant in the Governor's off"ice other than personal secretaries and clerical pt~rsonru~L
(i) Every elected city' or county official !except elecll'd officwls in those ('itl(,.~ or countics u)!r('rc
({ mojority oj" L'otcs cost in Uw suhJcct cr(l' or count.}' in on}' election on the issue oj" ji'lin;: stntclltenls
oj" economic intcrest under thi.'; chapler was in OpPosition).
(j) I';very member of a city or COUIlty plannmg, zoning or development commission !exccpt sitch
rrll'mhcrs In those ('i/ies ur counties where a majuri(r oj" votes cast in the subjecl ci(y or ('oun(y ot uny
election on the issue oj" fiJinp statements oj" econom/(' interest linder this clwptl'r WO,~ In opposition to
the ballot /!le(/sure' provided (or in section 10, chapter 6R, Ore,gon I,oU's 1.974 (,','!wcinl .';(',','siol1)]
(k) Ttw chief executive offlcer of a city or count)' who performs the duties of lTliln<1ger or prin-
cipal adminIstrator of t.hl' CIty or county lexcept such emplo}'ces III those cilu's or cfilUl!ies u./hl'rl' a
majority oj'votes casl In the subjec! ci(y or c(mnly in un election on the i.',"slll' oj" jiling statemcnts oj'
economic Interest under tlus chapter ums in opposition]
(I,) Mpmbcrs of local government boundary comlnic;sions formed undlT ons 19~j_410 to 199.519
(m) Every memher of n governing body of a mr'Lrnpohtan service tllstrict and Uw eXl'cutive or-
ficer thereof
(n) Each member or the board of tllrectors or the State Accident Insurance Fund CorpordtlOn,
(0) Tlw chief admilllstrat.ive officer and the fillancinl officer of each common and union hIgh
school distrid, educLltioTl service district and community college district..
(p) Every member of the following state boards and commissions:
(A) Hoard of Gcologic and Mineral Industries.
(B) Oregon Economic LlIld Community Development CommissitHL
(C:) State Board of Education.
(I)) Envmmmental Quality Commission.
(E) Fish and Wildlife Commission of the Stnte of Oregon,
(F) State Board of Forestry_
((;) Oregon Government IStandards and }Jract;('/,s] Ethics Commission,
(1I) Oregon Health Policy Commission.
(1) State Hoard of Higher Education.
(.I) Oregon Investment Council.
no Land Conservation and Development CommiSSIOn.
(I.) On~g()n Liquor Control Commission,
(M) Oregon Short Term Fund Board,
(N) Stelte Marine Board,
(0) M;ISS transit district boards,
(P) Energy Facility Sit.ing CounciL
((.~) Board of Commissioners of the Port of Portland.
(I{) Employment. Ih>Jations Board,
(S) Pub]lc Employees Hetirement Board,
(T) Oregon Hacing Commission
(I)) ()n~gon Transport.ation Commission.
(V) Wage and lIour Commission.
(W) W<1ler [{esources Commission,
(X) Workers' Compensation Hoard,
(Y) Oregon Facilit.ies Authority.
(I':) (hcgon State Lottery CommissioIl,
(AA) Pacific Northwest Electric Power and Conservation Planning Council
(Bl3) Columbia I{iver Gorge Commission.
(CC) Oregon Health and Science Umvcrsity l30ard of Directors,
(q) The following officer;; of the State [Treasury) Treasurer:
(A) Chief Deputy State Treasurer.
(Bl [J-<;xecutiue A.<;sistant to] Chief of staff for the office of t.he St.ate Treasurpr
(C) Director of the Investment Division_
Enrolled H01L~(' Hill ~!)~)~ (lIB ~.')~)G-B)
I':li~l' 1 U
(r) EvPrY member of t.he board of commissioners of a port governed by 01\8 777.00;:) to 777 7~;j
lawl) or 777.9]:':") to 777.9Fi:l
(2) By Apnl 1;) TH'xt aller the date an appointrrwnt L.1kes dTect, every appointed pubhc OtliCI<l1
on a h0<1n1 or commission hsted in subsect.ion (1) of t.his section shall file with the Oregon (;ov-
ernment Ethics Comnllssion a statement of" econOl11JC int.erest as reqtlJred under O!{S 24'UH10,
244.070 and 244,mw.
(:3) By April 15 next after t.he filing deadline for tllP primary election, each candidate for L'lcctive
puhlic office described III subsl~ction (1) of this section shall file with t.he commissJOn a staLcnll'llt
of ecollomic interest as required under O!{S 211.060, 244.070 and 211.090.
(4) Within ;'30 days a(ler the filing deadline for the general l~lection, each candidatc for elecLlvc
public office descrihed in subsectwTl (J) of this scct.ion who was not a c,lndidate in the Pll'cclhng
primary election, or who was nominated for elective> public office described in subsection (1) of UllS
,.;pction at the pn~ceding prlm,lr)' election by writ(>-lTl vot.es, shall file with the comnllssion a state-
ment of economic int.en~st as required under OltS 2'H.()(jO, 2'H.070 and 211.090.
1(5) The /'('Ffislative Assemhly shall rn(l[ntain a continuing reuinu oj" the operatum ol Ihi.'-;
ehnpter.1
1(6)j (5) Subsections (1) to 1(5)] (4) of this section apply only to persons who arc inculll!>l'nt..
elected or appointed public offlcials as of April 15 and to persons who arc candidat.e:; for public
office on April 15. IThose sedions] Subsections (1) to (4) of this section also apply to persons who
do not become candIdates until ;10 days aft.er thp filing deadline for the stat.ewide gl'ncrill eJection
](7)(0)1 (6) IFailllre to file the statf'ment rel/uired D)' this section subjects a person to (l eil,il fiC/wl('\'
that may be imposed (].'; speci/ied in ORS' 183.746, hut the enforcement of this suhsection does not n'.
qUIre the Oregon Government S'tandards and jJrnclin's Comml.';sion to follow the procedures In OUS
244.260 hefore findinJ; thut (1 uwlation or this sectum has occllrred.]
1(0) Failure to file the required stutement in timl"-)' f'(lshion shall he prima Facie I'uidenec of (I !'/().
lation of this sectioll.1
I(e) I{ within five da)'s after the date on l.IJhich thc statement is to be filed under this sec!lOn Ihl'
stutement has not been rC(:('lued h....,. the commission,] If a statement required to be filed 1111(ler this
section has not b(~en received by the commission within five days after the date the state-
ment is due, t.he commission shall notify the public official or candidate and give tll(' puhlic ofTlcial
or candidate not less than 15 days to comply with the requirements or t.his section. If the public
official or candidate fails to comply by the date ~~ct by the commission, the commission 111<1)' imposl'
a civil ppnalty ]or $5 for each day the statement i." late beyond the date /ixed by the commissl()n Thc
maximum penalty Owt may he w.c'rued under this section is $1,000] as provided in OR...S 244.:1f)().
Iref) A civil penulty imposed under this suhsection is in addition to and not in lieu or sandions thai
may he imposed under ORS 244.:?8(r]
SECTION 18. ORS L.14.:3:")() is amended to read:
241\.:350. (1) The On'gon Cuvernment [Standards and J)ractices] Ethics Commission lor the ('(Jlld
under OR8 244.260 (HJI may impose civil penalties !lot to exceed,
(a) Except as provided in paragraph (b) of this subsection, 1$1,0001 $5,000 1"01' l['wlalinRI vio-
lation of any provision of this chapter or any resolution adopted under Ithis chapterl OILS 244.](-;0
(b) $25,000 for vlObtion of ons 244.045.
(2)(a) Except as provided in paragraph (b) of this subsection, the commission may impose
civil penalties not to exceed. Sl,OOO for [uiolatin;.rl violation of any provision of ons 192.G(jO. IJ/ou'.
ever, I
(b) A civil pennlty may not be imposed under t.his suhsection if t.he violation occurred <IS " re-
sult of the govl'rning body of the puhlic body actmg upon the advice of the public body's couno;el
(:{) The commission may impose civil penalties not to exceed $250 for violation of O!{S ~:!n.708.
A civil penalty imposed under this subsection is in addition to and not in lieu of a civil pen-
alty that may be imposed under subsection (1) of this section.
(4)(a) The commission may impose civil penalties on a person who fails to fjle the state-
ment required under ORS 244.050. In enforcing this subsection, the commission is not re-
~;nr()Iled lIou:::e Hill 2:)!J~ (1I1l 2.'J9.'J-B)
1':1);" 11
quired to follow the procedures in OUS ~44.260 before finding that a violation of OR." 244.050
has occurred.
(bl Failure to file the required statement in timely fashion is prima facie evidence of a
violation of ORS 244.050.
(c) The commission may impose a civil penalty of $10 for each of the first 14 days the
statement is late beyond the date set by law, or by the commission under ORS 244.050, lUUJ
$50 for each day thereafter. The maximum penalty that may be imposed under this sub-
section is $5,000.
(1I) A civil penalty imposed under this subsection is in addition to and not in lieu of
sanctions that may be imposed under ORS ~4'1.:~80_
1(4) i1ny penalty imposed under this section is in (IIlditlOn to and not in liell. of any other penalty
(If sondion that may be imposed according to Iou), indudint: r('llwuol From offICi'. I
SECTION 19. ORS 24,1.:HlO is amended to 1'('(1(1:
---.-
2,1tI.:HlO. IThe Orl'f{on Govcrnmpnt Standords ondflroctiees Commis,<;lOn, In odditi()ll to ciut! pen-
o!lies p!"(.'sc!-ihcd in ORS 244.350, mo.)' require an}' puh!ic ollicial 'Dlu; has {trwncia!l.v {wneflled the
puh/ic ofli'cial or any other person by uiolntion oFoflv pruul,','iO!l of this chapter to rorf('it tu)ice thc
amount thot the puhlic o/f"icia! or an)' other person realizcd from vio!ating on)' prouiswn or this chop-
fer I In addition to civil penalties imposed under OHS 244.350, if a public official has financiaUy
benefited the public official or any other person by violating any provision of this (~hapter,
tlw ()n~g-on Government Ethics Commission or a court may impose upon the public official
a civil penalty in an amount equal to twice the amount the public official or other person
realized as a result of the violation.
SECTION 20. OrtS 211.:{80 is Olmcnded to read
-.-....---
2'11.:{80. (1) IIn the event that (] public ofTiciul or ("(Inrlidate subjec/ to the n'illliremenf'" or this
chaptN, (ails to fi!i' a statement of economic interests rc,"/lIirnl hy this chapler, or h....,. !'('solution adopted
pursuant Iher('{o, the rollou;ing actions shall he taken, irrcsprctu.w of other penalties u)hich may bl'
Imp()snl pursuant to this chupter if, aficr a h('(ITlng has hecn J--:ranted the puhlic of/h'wl and 0 penalty
is ImJwsed undcr ORS 244.370, the puhlic oFFicio! clilItinues to refilse to fde a statement of econur"ic
interests] If the Oregon Government Ethics Commission has imposed a civil penalty under
nHS ~44.350 on a public official or candidate for failing to file a statement of economic in~
tcn~st required under this chapter or a resolution adopted under ORS 244.160 and the public
official or candidate (~ontinues to refuse to file the statement, the foUowing apply:
(al IJ~'x('ept as to judges, no compensation shall he paid to a salaried puh1ic off/cUI!. Upon notice
to the Oregon Department or Administratiue Ser!'i('!'s or 10 the appropriate locol authority (rom the
Orcgon Government Standards and l'ractices Commission or the raillire to file the ru/uircd report l.vhcn
dlle. compensation shall he Ivithheld und the pubhc ofllctal shall he barred rrum hCf-iinning or contin..
liing to exercise the officia! duty o( the puhhc officia! linti! such time as the puhhr of II cia I comphcs
with tlte requirements of this chapter.] The commission shall notify the Oregon Dep.artment of
Administrative Services or the local public body, as defined in ORS 174.109, that the public
official serves of the failure to file a statement of economic interest. Except for judges,
during the period beginning on the date the department or public body r<~ceives notice from
the commission and ending on the date the public official files the statement of economic
interest, the department or public body may not pay compensation to the public official and
the public official may not begin or continue to exercise the official duty of the public official.
In the case of a public official who [receives nol does not receive compensatioTl, the public offlC1al
[shalf he barred From beljinn.ing or continuing Ihe] may not begin or continue to eXITClse I of] the
official duty of the public official until lsuch time os a statement is ft/ed as required under this
chapter] the public official files the statement of economic interest.
(b) I Upon nutice From the commission to the] In the case of a candidate for public office, the
(~ommission shall notify the appropriate chief elections of'flcer of the candidate's failure to file
the statement required by this ch3pterL]. The chief eh'ctlOns offlClT shall:
Ellrol1pc! Ho\]C't' Bill 2.')% niB 2F;9:)-1l)
]>'1).;(' 1:).
(A) If the notice is received on or bef{Jn~ thc fj 1 'it day lwf{)((' the dntl~ of the <'l,'ct1On, callSI.' the
ndme of 1.Ill' candj(Lltc Ifin- puhlu.' ofYice) to be rTlT1()\icd from t.h,~ hallot Oll \vllich the name of j,hC'
candidate would olhenvisl' appear; or
(3) If the (";l!1didatc has been nominated Of l~lecled, refuse to issue;) certificate of nomination
or electlOn.
(2) If ttw ndllH' of a Cdndidat.e for public offiu, IS removf'd from the baUot as provided in sllb-
section (I) of this sectIOn, the Iwme shall be reml'VI'!! in accordance with ons 254.1(;fj_
(m As used in this section, "chief elections officer" has the meaning given that term in
ORS 254.005.
SECTION 21. OW';; 29:l.70H is amended t.o n~ad
29:~.70H. (1) As Llsed in t.his section
(al "Business" has the meaning given that. tenn In ORS 2IJ4.020
(b) "Business \vith which the person is ass()cinu'd" has the meaning given that term in ORS
244.020
(e) "l{elat.ivc" l1<ls the me3ning given that. ll'nn 111 OR;"; 244.020
(2) When a person who is a member of Uw On~gon Investment. CoullCll becomes aware that
action on a matter pending before t.he council 111lght. ll'ad to private peculliary benefit or det.riment
to the person, to a relativl' of t.he person or to a 1~.llSlrWSS with which the per'son or a relat.ive of t.he
person is associated, t.he member shall not.iCv ill writ.ing tlw St.ate T((~aSllrer or the ChJef J)pputy
St.ate T((~asurcr t.h,lt allY action, decision or rCCI.m!llcndation b): t.he mt'1ll1H'r might. constitute an
act.ual or potential conf1lct of interest. The lllcmlwr shall provide the notiu, noL lat.er than three
husincss days after the member becomes aware 01. t.hl' possibiliLY of an actual or pot.ential cllnflict.
(:n Subsection (2) of t.his section does not. appl,Y if. the pccllnwry benefit or detriment :JLS('S out
of circumstances described in OItS 244.020 (1,1)(;11 t.o Ie).
(4) Complaints of violations of this section may be made to the Oregon Government
Ethi(~s Commission for review and investigation as provided by OHS 241.260 and for possible
imposition of (~ivil penalties as provided by OHS 211.:-l50 or 211.360.
)(4)1 (5) Nothing in this scction excuses a llH'nllwr of the council from cOTnpl1ance with OJ{S
244.120
SECTION 22. OHS 162.005 is 3mendt,d to re,ld
IG2.00R. As used in Ol{S 1(-)2.005 to H:i2.42fi 10lld 762.4()!)J, llnJeS,'i llw context n~qllires otllPrwise:
(1) "Pecuniary beneliV' means gain or advanLlge t.o the belleficJar.y or to ,:1 third person pursuant
t.o the desin~ or consent. of the heneflciary, 111 llw form of !nOlWY, prop.'rt.y, cOllnnercial lIlt.en'st.s or
economic gain, but docs not include a political cilmpaign contribution rL'ported in accordanl:!' wit.h
OW:; chapter 260.
(2) "Public s.~rv<lnt" lincludes] means:
(a) 1/\ puhlic ufflcer or employee of the slale pr uf any political suhdiuislOn thcreof" or of WI)' f.-:O{}-
ernmental instrumentality within Ihe state I A public official as defined in ORS 244.020;
(h) ^ per SOil serving as an advisor, conslllLlIlt or assist.ant at t.he request or direction of the
st.at.e, any political suhdivision thereof or of (lny guvcrnmentcll instrumentality within the state;
(c) ^ person nominat.ed, elected or appoint.ed to become a Pllbl-ic servant, although not yet oc-
cupying t.he position; and
(d) .Jurors.
COMMISSION AD,JUDlCATION PROCESSES
SECTION 23. ORS 244.260 is amended t.o n'ad:
244.260. [( 1)(a) Upon its own instiJ.{ation or SIgned compluinl o{ any person, the Orf';;on Government
S'tandards and Practices Commission may ululerlahe actio/l in the Preliminary Ueuicw Phnse IOllh re-
spect to the contents or any statements tiled under this chapter or resolution adopted pursuant thereto
or an}' allq{ed vwlatiofl oj" any provision or tlus chopter.)
Enrolled Ilo\Jse Hill 2G!JS (}-IB 2C)~)5.B)
I'"g" 1 ~~
[rh) The public of/lcwl who is the ,,-:ubject of ([ c()mplo/nt 0'- of the ('()mnlls.'cion's (!Ij'n action shall
1)(' !lolifler! immediately upon receipt of the complOln/ or UpOIl w!()p/ion of (f molin!) hy Ihl' cum mission
to undertake any adiun U)lJJ'('UHn.g the public olliuul The !lo/i('1' shall Ill' ,gn'en hy 1I'll'phone iflhe
oll/cwt can be reached and shall also he in writili)! mW/l'd to Ihe o//ic'lnl. Thl' /JotU'I' slwL/ include the
nature of" the complaint or motion and (j ('OP)' 0/ (1ft ma/erials ,".lIhmltlet! along With Ihe mmplaint or
!rwterials which ftiut! rise to the commission's instlgotlOn 11/ actlO/I on ils fJlL'n motion, J[olL'l'L'er, the
official mllst also be !lotifi'cd in advance i/ an issue /11U1 !no," gil'e rise to a nwllon to undertake action
on the currunissio!l's own insti;.:ation is to be disC11ssed "t 11 commission ml'ctin;.;_1
[(cJ Before inuesti;.:atinf..: uny complrunt or undertaking (lll.'o' Investigalion al tll(' I'oll/mission's own
instigation, ij" the public o/Jicial (1}1w is the sulycct oj" the UJll1pll1lnl or of Ihl' ('(Jl!iIlHSSWn's own action
I.~ a memher 0/ the Legislatit'e Assembly, Ihe coml!ilssion sholl determine whether the olll'ged uiolation
oj" on}' prouision of" thi.''- chuptl'r involves conduct /inll'ded b\' scdlon .9. Artl()1' IV I!/ the Oregon
('onstilutioll. If" the conUTU'<;~'I(!n de/ermines thai Ihe con due! is protl'cted hy scction 9, i~rtidl' IV oj" thl'
Orcgon Cu/j,stitlltion, the commi:-,-swll shall dismiss II/(' ('()Iliploin! or rescind its IIlIItion 0.<; pruvidl'd in
fJurllgruph (e) 0/ this subsection_I
[(d) 1/ the complaint ha.\ not IWl'll dismissed or the motwn (lj" the c()mml,,,'sioli hos nol heen rescinded
as r!rscrihed in paragraph (c) -oj" this subsection, heflm_' illl'cstipaling ony cllmplwnt or IInder!okiflft on
irwestigation on the commission's own instif.:alion, Ihe ('ommission shall make a findillf[ that there is
couse 10 undertaf?e an in.uestigatiofl, rwlrfy the pl/hilc ')fficial /ljho is Ihl' ,<';Illyccl oj"lhe investiJ.{ation,
ide!llify the issues 10 be examined and shall conflnc its irwestif[aflOTI fl! those isslles, Ij" Ihl' commission
finds rcason 10 expand its irwestiRalion, it shall mope to do so olld sho!! r!'con! in Its minutes the is-
Sill'S to he examined be/ore I"xpandinft the scope ol ih inuestigotio!l and fllrnwllv noti/'.' Ihe comploinll!ll
and the jJuhlic official who is the suhject of the complarnt ol the e_tpanSlOn and the scope thl'rcoj: I
[(e) If Ihe commission does not make (/ finding of UlIlSC, or ilthe COli/miSSIOn dctcnninl's that lhe
alleged uiolalio!l 0/ this chopter inuolues conduct prolected liy section 9, Arllcle IV ollhl' Orego!l
Cons/ilution, the commission shall dismiss the complaint or rescind its lIw/ion (lnd shall flwmally ('ntl'r
/hl' dismiswIl or rescission OIL its records. The cO!lunission shull !wlll'v Ihe puh1ic offie'wl 0/ the dis.
missal or rescission_ A/ter (hsmissal or rescission, Ih(' commission slwll tahe IW flu'tluT ae/ion inuolu-
ing the puhlic official wlless a nf'1/! ([nd different c()mp/oin! is fl/ed or action lit Its own insligation is
undertllhen hased O!l riif/i'rent conduct.]
1(2) The commission mo.v:]
1(0) Dllrin;.: Ihe Preliminary ReuictL' jJhase, seeh, solicit or otlrencisl' ohlUln afLy hooks, papers, re-
cords, memoranda or olher odriitional information, adminisler Oil/lis (Jnd lo}?!' depositions nece."'.~ary to
determine whether lhere is ('(1US(-' or i/ the alleged ['iolo/ion 1:-; pmtl'cted hy ,'wdlon 9, Arl/cle IV ol the
()re.l-!o!l Constitution, and]
I(h) Dll,""WU the InUf'sliftatory Phase, require UIlY udditional inlonnu!um, w/mifUslcr oaths, tahe
depositions and issue subpoenas to compel attendance of wtlncsses and the production 0/ hoo!cs, papers,
records, memoranda or other inf()nnation necessar)' II) i'o/!lplf'lc the rr71'estlgnlion_ 1/ any !wrson f(lils
10 comply u'ith any subpoena issued under this see/ioTi or reflis('s 10 teslih' on (UI)' !rwtters on which
/he person may be law/idly interrogated, the procedure prouirll'd III OUS' If!.'J.4.jO shall be lollowed to
compel compliance.!
U,J) The person conduciin!? any imluiry or inve:-,-tigu!ion sholl do so in an impartial, objective
manner, All fclt!orable and unfO-uorable informatio/! colleded hy the Inf'cstlJ.{alor shall he turned oucr
to the ('(lnunission. J
[(4) The lindings or the commission in any inqwry I)r UH'('stlgation shall he r('porl~'d importially,
includlnR hoth favorahle and unfauorablc /irulinf[s, and shall he mode ([voilahle to Ihe public official
who is the subject thereof, to the appointin;.: authorily, it' Olly, olld to the Attorney General f()r slate
public of/icials and to the appropriate district altornl'Y fl)/- 10('(11 puhlic o/ficiuls_ The findings shall he
made ouailoble 10 the Commission on Judicial Fitness (!!)d lJrsolnli!y In any inuesli;.:atlOrt involving 0
JW/p'.!
Enrolkd Ilomp IIi]] '2;')9;; (lIB '2S!J[j-B)
)\lg<:' 1,t
1(5) llearinus relatinu to an.}' charue of alleged 1'loJutlOn of this chapter must he held hellm! (Ill
admini8tra/iue lau; judge assij!,nui from the ()fjiu' f!/ ,-,\dnllnislmtll'c ll,'arings estahlished IInder OUS'
18:1.605. The procedure slwll he that lor {/ c(mte.'itnj ('Use Ilnder OUS chnp!cr 18:1.)
(1)(a) Any person may file with the Greg-on (;overnment Ethics Commission a signed
written complaint alleging that there has been a violation of any provision of this chapter
or of any rule adopted by the commission under this chapter. The complaint shall state the
person's reason for believing that a violation occurred and indude any eviden(~e relating to
the alleged violation.
(b) If at any time the commission has reason to hdicve that there has been a violation
of a provision of this chapter or of a rule adoptpd by the commission under this chapiler, the
commission may proceed under this section on its own motion as if the commission had re-
ceived a complaint.
(2)(a) Not later than two business days aftt'r ,"ceeiving a (~omplaint under this s,t.~ction,
the commission shall notify the person who is the subject of the complaint.
(b) Before approving a motion to proceed under this section without a complaint, the
commission shall provide notice to the person believed to have committed the violation of
the time and place of the meeting at which the motion will be discussed. If the commission
decides to proceed on its own motion, the commission shall give notice to the person not
later than two business days after the motion is approved.
(c) The commission sh.all give notice of the complaint or motion under paragraph (a) or
(b) of this subsedion by mail and by telephone if the person can be reached by telephone.
The notice must describe the nature of the alleg'cd violation. The mailt.~d notice must include
copies of all materials submitted with a complaint. If th(~ commission will consider a motion
to proceed without a complaint. the notice must provide copies of all materials that the
commission win consider at the hearing on the motion.
(3) After receiving a complaint or deciding to proceed on its own motion, the commission
shall undertake action in the Preliminary Review Phasc to determine whether there is cause
to undertake an investigation. If the person who is the subject of the action is a member of
the Legislative Assembly, the commission shall determine whether the alleged violation in-
volves conduct protected by section H, Article IV of the Oregon Constitution.
1(6){a)] (4)(a) IThe period uf" time f"rom the filing of" (J complaint ur f"rom octin!; on the commission's
own instigation to the li'nil/lIp, o{ cause or dlsllii.,-;.~()j oj the ("omploint or rescission oj the mution shall
he termed the Preliminary ReuielL' Phase and situ!! nut exceed ,<)0 do)'s unless I The Preliminary Re.
view Phase begins on the date the complaint is filed or the date the commission decides to
proceed on its own motion and ends on the date the commission determines there is cause
to undertake an investigation. dismisses thp complaint or n~scinds its own motion. The
Preliminary Review Phase may not exceed 1:~5 days unless:
(A) A delay is stipulated to by both Ow lpllhiic oil/dull person who is thc subject of action
under this section and the !Orcgon (;ol'crnmeflt .'-J'tundnrd" and Practices] commIssion \vith the
commission reserving a portion of the delay perllld to complde it.s actions!. I; or
(B) A complaint is filed under this section with respect to a person who is a candidate
for elective public office, the complaint is filed within 61 days before the date of an election
at which the person is a candidate for nomination or eledion and a delay is requested in
writing by the candidate. If the candidate makes a request under this subparagraph, the
Preliminary Review Phase must he completed not later than 1:15 days after the date of the
first meeting of the commission that is held after the dat{~ of the election.
(b) During the Preliminary Review Phase, the commission may seck, solicit or otherwise
obtain any hooks, papers. records, memoranda or other additional information, administer
oaths and take depositions necessary to determine whether there is cause to undertake an
investigation or whether the alleged violation -involves conduct protccted by section 9, Article
IV of the Oregon Constitution.
Enrol1pd Ilollsf> Hill ?:-,QR (IIH ~:;q!l"Ji)
!):;g~ ] S
[(hjJ (e) Tlw Prelirnlllary !{eview Phas(~ [sholl hl'l is confidential. CommisslOn llll'rnbers and staff
may ,H:kllowledge receipt uf a cornpbint hut. [shull Ifw!ce nu] may not make any public cornrn(~nt
or puhlicly disclose any mrdcrials relating to a CleW dllnng the PtTliminary J{evi(~w J'h;15e. A person
whu int.enuoIl<llly violates thiS paragraph is subject 1.(1 :l civil penalty in an amuunt not to exceed
$I,()O(), Ary person aggrieved as a rl'sllll of a violat]llll of this pdragraph by a member uf Uw com-
miSSIOn or its stafT may file ,1 pdition 1Il a court uf cOllllwtent jurischction in the county in which
the petitIOner resides in order to enforce the civil pCll,dty pro\'ld{~d in this p,lragraph.
1((')1 (d) IThe commissiun's deliberations uj" (( ("0,"1' ol the ((inell/siun of the rre!urunary Reuieru
rhasc shall he conducted] At the conclusion of tlw Preliminary Review Phase, the commission
shall conduct its deliberations in executive s{'s,c.;ion, All Clse related mZltenals and proceedings
shall be open to the public after the commission lTlakl'S <I finding of cause to undertake an inves-
tigation, dismisses n complamt or n'scinds a !l1otio)1 Pno!" to the end of thp Preliminary I{eview
Phase, the executive director of the commissio/l ,,,hell I pn'p,ln' il sLltement 01" the facts determined
during the phase, inclucllng ;lppropriale legal ciLltio!1," ,111(1 relevant authorit.ies. Before presentation
to the COnllnlssion, the exccutiv[~ director's state1l1('llt shaJ] be reviewed hy legal counsel to the
commlSSlon.
((d)J (d The time jirmt imposed in this subsedlon ,ll1d the commisslOn's inquir.v are sUSllPnded
if":
(A) There is n pending criminal investig,ltim1 that rel:l!cs to the issues <lrising out of the
underlying fact.s or conduct at issue III the matter he ro 1"(' Ill(' cO!l1mission unless the l.wrt.ies stipulat.e
otherwise; or
(B) ^ court has enjoined tlw commission from cOlltinuing its inquiry
(5)(a) If the commission determines that there is not cause to undertake an investigation
or that the alleged violation of this chapter involves condud protected by section 9, Article
IV of the Oregon Constitution, the commission shall dismiss the complaint or rescind its
motion and formally enter the dismissal or rescission in its records. The commission shall
notify the person who is the subject of action under this section of the dismissal or
rescission. After dismissal or rescission, the commission may not take further action in-
volving the person unless a lH.~W and different complaint is filed or action on the commis-
sion's own motion is undertaken based on difft~rent condud.
(h) If the commission makes a finding of cause to undertake an investigation, the com-
mission shall undertake action in the Investigator'y Phase. The commission shall notify the
person who is the subject of the investigation, identify the issues to be examined and confine
the investigation to those issues. If the commission finds reason to expand the investigation,
the commission shall move to do so, ret:ord in its minutes the issues to be examined before
expanding the scope of its investigation and formally notify the complainant, if any, and the
person who is the subject of the investigation of the expansion and the scope of the investi-
gation.
[(7)(a)] (6)(a) [The period o( time from the f"iruh/1!--! o( ('UllS(' to lhe be!-{inninfiI of an)' contested case
proceedinfiI.~ shall be termed the Investigalor:r Phuse (1//(1 .~hal/j The Investigatory Phase begins on
the date the commission makes a finding of cause to undertake an investigation and ends
on the date the commission dismisses the complaint, rescinds its own motion, issues a
settlement order, moves to commence a contested case proceeding or takes other action
justified by the findings. The Investigatory Phase may !lOt. exceed [12Ul 180 days unless a delay
is stipulated t.o by both the [public officwl] person who is the subjeet of action under this section
and the IOrewm Government Standards and Prud/!'es] COfnTlllSsion wlth tht' commission reserving a
portion of the delay period t.o complet.e its actions
(b) During the Investigatory Phase, the commission may seek any additional information,
administer oaths, take depositions and issue subpoenas to compel attendance of witnesses
and the production of books, papers, records, memoranda or other information necessary to
complete t.he investigation. If any person fails to comply with any subpoena issued under this
paragraph or refuses to testify on any matters on which the person may be lawfully inter-
Enrollf'd !lOllSl' Hill 2S~J;, illB ?.'lll[)-Bl
P,lg(' 1(;
rogated, the commission shall follow the procedure described in ORS 18:1.440 to eompcl
compliance.
!(h) j (c) Thl' time limit impospd in this ;.;uhsl,ction ,md the commission'" investigation are sus-
pended if:
(A) There is :J pending criminal invpslq..;illlOll that relates to t.he issues arising out of t.he
underlying fact" or conduct at issue in the lll<ltt.cr befon- the commissJOn unless the parties stlpulate
otherwise; or
(B) ^ court ha,'i enjoined the
!lc)J (d) At the end of the
lvhichJ. The action ma.y Include:
(A) Dismissal, \vith or without comment.;
(B) Continuation of the investigation [to ddermine (urlher (ods, Imt no nwrc than Olli' continlw.
tion, not to exceed :W da)',,,' clurntwn, shall he to);:,'1I1 for a period not to exceed 30 days for the
purpose of additional fact-finding:
(C) Moving to a contested case proceedmg;
[0)) Seekint-: (l fU'f-:oliated sdtfemellt; or)
(D) Entering into a negotiated settlement; or
(E;) Taking otJwr appropnate action if justified by the findings.
(e) The (~ommission may move to a contested (~ase proceeding if the commission deter-
mines that the information presented to the commission is suffieient to make a preliminary
finding of a violation of any provision of this chapter or of any rule adopted by the eommis.
sion under this chapter.
1(8) If; at the end o{ the Invcsti,Ratory J>hos(', Ihe commissio/l t(1he.~ action by order to move to 0
contested case proceedint;, Cl public official mllY 1I0tl/\' the ('ommis.c,'ilJn thot the official elects to have the
commission file (l l(lu.\~uit against the o/lieia{ In the A1ari(Jn Coullty CirCIIi! Courl in lieu o( the con-
tested case pr()('ecding_ The publrc offlcial shall no/iry Ihe commission of the eleclioll in writing no later
thUll 21 da)'.'> afler rl'ceir'ing rwtiflcatwn o( the ("ommi,,,,,,'ion's action h:y order to moue to the contested
case proceeding The cOllunission shall file swl unlhm ,:w do}'s aflcr receiving notice that the public
offIcial has elected the lalL'suil procedure.]
(7) A person conducting any inquiry or investigation under this section shall:
(a) Conduct the inquiry or investigation in an impartial and objective manner; and
(b) Provide to the commission all favorahle and unfavorahle information the person col.
commission fnnTl continUIng its investigation
Investigatory Pllilsc, th(~ commission shall take
actlOn hy order!,
leets.
(8) The commission shall report the findings of any inquiry or investigation in an im-
partial manner. The commission shall report hoth favorable and unfavorable findinJ:{s and
shall make the findings available to:
(a) The person who is the subjed of the inquiry or investigation;
(b) The appointing authority, if any;
(c) The Attorney General, if the findings relate to a state puhlie official;
(d) The appropriate district attorney, if the findings relate to a local public officiaJ; and
(e) The Commission on ,Judicial Fitness and Disability, if the findings relate to a judge.
(9) Hearings conducted under this chapter must be held before an administrative law
judge assigned from the Office of Administrative Hearings established under ORB 183.605.
The procedure shall be that for a contested case under ORS chapter 183.
[(9)J (0) The Oregon Government Ethics Commission [shalt) may not inquire into or Hlvct:>ti-
gate any Icomplaint or (lei at its own instiuation on ullef-:edJ conduct that occurred more than four
years before [theJ a complaint is filed or [actioll is IllUif'l"tnkcn[ a motion is approved under sub.
section (I) of this section_
IO{})] (11) [I"./othing in this section is intended io) This section does not prevent the commission
and the [pllblic official or other[ person alleged to have violated any provision of this cha::Jter or
any rule adopted by the commission under this chapter from stipul.1t.ing to a finding of bet
EnroJ]ed !luuse Bill ~Sq:,) (liB 2i19rl-B)
P";;,, 17
concerning the violation <:lnd consentlng to all appropriatt' penalt.y. The cOll1nlr:--,,,io)) shall enter all
order /()('('I,,'dinf--{I.vl based on the stipubtion and consent
(l2) At any time during proceedings conducted under this sedion, the commission may
enter into a negotiated settlement with the person who is the suhject of action under this
seetion_
[(II)) (1:0 ^s used m this spction:
(a) ''Cause'' means tl1;lt, thpre is ;1 sllhsLlIltial.
Violation may have been cOlnmit.ted and the person
mitted t.he olTensc or vlOl:ltion.
(/)) "PendIng" Illl';lns th;l! a prosecuting attonH'V i;~ either activel_\-, investigatlllg ttlP factual basis
of the alleged crimin;d conduct, IS pn:panng t.o :-,('eh: or IS seeking an aeCllsator.v illstrllnl(~nt. has
obtained an accusatory instrument and IS procecdlllg to trial or ]5 in trial or in the process of nc-
gotiatlllg a plea.
SECTION 24. OI{S ] 7 J 77H is <1Tlwndpd to re,ld.
-,-----
171.77f1. [(1) Upon tis uu.'n illsliJ--:atir)![ or siJ--:n/'d (,O/llplrllnt oj" an.v perSOIl, the On'J--:oll Government
Standards (lnd Practices Commission mol' IInder/oke IIdio!i in the flrclimlnary Heview }Jlwse with re-
spect to an,)' allel--fed violation orOUS' 171.72:; to 171.78/, The person who is the suhject ora complaint
or o{ Ihe commission's OU"I lIetion shall hi' noti/It'd illl/lledialely upon receipt oj" the ('omplOlnt or upon
adoption of a motwn hy the commission to lUldl'rl()ke any action concerninl-f the persOIl. The notice shall
he given hy telephone ij" the persoli can he rI.:llclwd IInd ({ notice shall al.w) he muiled to the persoll. The
notice shall include the nature of Ihe complrnnl or mot/uti and a COP}' or all nwterials suhmitted along
In/th the compluint or nwte,-ials u1iich ,<;il'1' nse tu the commission's instiJ--:ation or action on its own
motion. !/oweuer. the pe".~()n must also he notified in adl'(I/Ice ir an Issue that may J--:ive rise to a motion
10 undertake action on the ('o!lunission's OU'1l instll--fotiofl is to he discl1ssed at a commission meetinJ--:
Be{ore investiMuting an.',' ('o!liplaint or undl'rt(1/?1n~ (In investigation on its ou!n instlj;ation, the com-
mission sholl mal,'/! a /i:llduiJ--: thai there IS ('(Juse to lI!u!ertal;:c an investigotwn. noti!y the person u'ho
is the sulycct or the int'estrgotlOn, irlentif.1' the issues to he examilled and sholl ('on fine lIs investigatlOn
to those is....>rws. Ilthe ('omTru.....sion /i'nds reason to eX/Wild its investigatiolJ, il .....hall l!HWe to do so (lnd
shall recor(l In its minut('s the i.~siles to he examined hr/ore expululinl-f the S('O/Jr! o{ its investigation
and j'onrwlly noli/.'y the complainunt and the pcrson u';w IS the suhjec! o{thc ('omplaint or the expansiun
and the s('ope thereof Il'lhe eO!limission does not !lHI!::e 0 findinJ-{ o{ CWlse, it shall dismiss the com-
plainl or rescind its motiun and shall jiJnllul(v ('flte! the dismissal or T"('SeiSSIOIl on its records. The
conI/Hlssioll shall !lOti!.}' Ihe per,<.;on 01' tire disl!ussal or res('ission. Arter dismissal or rescission, the
('(in/mIssion shall take !w /i/rlher actiOll lnl'(,fvini~ Ihe per.wm ullless a ncw and difrerent complaint is
filed or aelion at its mUll Insligatlon is undertakell hused on difliTent coruluc()
1(2) The commission Ilw\'..1
1(0) 1JIlri!ll--f the }Jreliminu!)' }?euicu) Fhasc, seck, solicit or
cords, memoranda or othe!" addUiunal inj;".!!wtion, will/inister
de/ermine IA-,hether there is COll.~e: ondJ
[(/)) DIU-ing Ihe Irwestit-!otory I>hase, require (Ul)' additional in/ormation, administer oalhs, take
depositions ond issue subpoenas to cumpel attendance o{ lL'itnesses and the production or hooks, papers,
records, memoranda or other in/ormalion necessary 10 comple/I' the investigation. IF any person {ails
tu COtrlp(}' IJ..-'ith any subpuena i.~sul'd under this sectiun or reruses to testiFy on WI)' matters on which
the person //Jay he lawfllll:v inle!ToJ--:aled, the procedure prouided In ORS 1R:J.'J40 shall he j(>llou.red 10
compel complwncc. J
[(3) The per.wm conducting ony inr,IlI!:y or inl'l'stll~ation ,,'hall do so in an impartial, oh.fectiue
!!wnner. All j'acurahle onci IlnFnvorahle Inf"ormotwn ("olfccted hy the investigator shall he turned uuer
to the commiSSion.]
[(4) The fi'ruiU1J--:s oj' the mmmissio!l in an)' inqUirY or inuestiJ--:ation shall be
includinu hoth /rll'orahle and Iln/Cumrahle /i'ndings, and shall he made auailab!e
the :,;u!~iect thereof" and 10 all)' employer of" the person,]
objective basis for IwJievlng that. an
who i~ the subject of an lnqUlry may
offense or
have COTl1-
olheru)ise obtoin an)' books, papers, rc-
oaths, and take deposilions necessary 10
reported impartially,
to the pen-ion who is
Enro]]('d 11ow.,1' lij]] ~:i9.') (fIB :2:i!J;J-J\l
!':!g!' p,
US) [Iearing.... rf'latinJ; t() UIIY ('har/~(' or alleged VIOlation of ()H,~' /71.726 to 171.785 mu.....t he held
heforl' an odmr!listrotiuc lau) Jill!;;!' ass/plied from the Olliee of i\dministralil'l' Ifellrin~s estuhl/shed
wuier OUS 183.f;OS. The f-imcedurl' .....hull he that fi)r U ('onte.....ted (.u.....1' Ilnder OUS chaptf'r 18:{)
(l )(a) Any person may tile with the Oregon Government Ethics Commission a signed
written complaint alleging that there has bet~n a violation of any provision of ORS 171.725 to
171.785 or of any rule adopted by the eommission under ORS 171.725 to 171.785. The complaint
shall state the person's reason for believing that a violation occurred and include any evi-
dence relating to the alleged violation.
(h) If at any time the commission has reason to helieve that there has been a violation
of a provision of ORS 171.725 to 171.785 or of a rule adopted by the commission under ORS
171.725 to 171.785, the (~ommission may proceed under this section on its own motion as if
the commission had received a complaint.
(2)(a) Not later than two business days after re(~eiving a complaint under this section,
the commission shall notify the person who is the subject of the complaint.
(b) Before approving a motion to proceed under this section without a complaint, the
commission shall provide notice to the person helieved to have committed the violation of
the time and place of the meeting at whi(~h the motion will be discussed. If the commission
decides to proceed on its own motion, the commission shall Jdve noti(~e to the person not
later than two business days after the motion is approved.
(c) The commission shall give notice of the complaint or motion under parag--raph (a) or
(h) of this suhseetion by mail and by telephone if the person can be reached by telephone.
The notice must describe the nature of the alleged violation. The mailed notice must include
copies of all materials submitted with a complaint. If the commission will consider a motion
to proceed without a complaint, the notice must provide copies of all materials that the
commission will consider at the hearing on the motion.
(:1) After receiving a complaint or deciding to proceed on its own motion, the commission
shall undertake action in the Preliminary Review Phase to detennine whether there is cause
to undertake an investigation.
[(G)(u)] (4)(3) [The period ollrme fi.om the filing oj ([ ('omploint or from octinJ; on the commission's
oum lnstifiotion to the /"indin!!, ol (,(lIlSI' or di.~nl/ssuj o{ the complaint or reSCission ulthe motion shull
bc termed the Preliminary !1l'uicu' })}IiJ.~l' and shull nol excccd UO du.}'s] The Preliminary Review
Phase begins on the date the complaint is fjled or the date the commission decides to proceed
on its own motion and ends on the date the commission determines there is cause to
undertake an investigation, dismisses the complaint or rescinds its own motion. The Pre-
liminary Review Phase may not exceed 1:~5 days unless a delay is stipulutpd t.o by bot.h L'Ie sub-
ject person and the [Oregon (;(wi'l"nml'nl Standards (1Iul Practices [ commission, with the commission
n~serving a portloll or the deby perJod to compld,~ its actions.
(b) During the Preliminary Review Phase, the commission may seek, solicit or otherwise
obtain any books, papers, records, memoranda or other additional information, administer
oaths and take depositions necessary to determine whether there is cause to undertake an
investigation.
l(bJI (e) The Prelinllll(lr.y Hevicw Phil.';,' [shull he[ is confident.ial. CommiSSIOn members and staff
may acknowledge receipt of n complaint. but [sholl make no] may not make any public comment
or publicly disclose any m,lteri,lis r('L1til1~~ t.o ;} case during the Preliminary Review Phase. A person
who intentionrdly violat.es this paragrilph is subject t.o a civil ]wnalty in an amount not t.o exce(~d
$1,000. Any person aggrieved ,IS a rf'sult. of a vioLltlOn of this paragraph by 3 member of tlle com-
mission or its stafr may file 3 pdit.ion in n COllrt of competent jurisdiction in t.he count.y in which
the petitioner resides in order to pnforce the civil penalty provided in this paragraph.
[(e)) (d) \1'hl' commission'.,,. delihemtwfls of (l ('ost' at the conclusion of the Preliminary RCUtt'IL'
flhase shull Iw conducted I At the conelusion of the Preliminary Review Phase, the commission
shall conduct its deliberations in cxeclltiVl~ st'ssion. All casp relat.ed materials and proC('eclings
shall be open to tl1l' publlc after 1.111' cOflunission make's ;l flndmg of cause to undertake an inves-
1'~llrnll('d Ilill'''!' Hill ?....,I)...., (IIH ):'il)....,.!{l
!\~g(' 1 q
tigation, (lJslllisse" a complaint or rescinds a motion Pnor to the end of thp Prel1rninary ltevlCw
Phase. the executive director of the cOTnmission "h,d~ prepare a statement of the LlcLs dctt'rmin(~d
during the pha.c;e, including approprwte ]Pg;l! citnt,lOn" and relevant 8uthorit.H's. Hefon' pn~s('ntat]()n
to the cOlllmissJOn, the executive direct.or's st.atcnwllt, "h811 be reviewed hy ]pgal counsel to the
COIllITIl.'iSHH}
l(d)1 (e) The time limit imposed in this subsecllOIl and the commission's inquiry are suspcnded
iI'.
(1\) Tlwn' is a pending crimmal investigaLlOn that. relates to the issues nr-ising out of the
underlying fnets or conduct at. issue in t.1w matter before t.he commission, un]('ss the parties stipuhlte
otherwise; or
(])) A court has (~njoincd the commission froIll cont.inuing its inquiry.
(5)(a) llf the commission determines that there is not (~ause to undertake an investi-
gation, the commission shall dismiss the complaint or rescind its motion and formally enter
the dismis,sal or rescission in its records. The commission shall notify the person who is the
subject of the inquiry of the dismissal or res(~ission. Mter dismissal or rescission, the com.
mission may not take further action involving the person unless a new and different com-
plaint is filed or action on the commission's own motion is undertaken based on different
conduct.
(b) lf th(~ commission makes a finding of cause to undertake an investigation, the com-
mission shall undertake action in the Investigatory Phase. The commission shall notify the
person who is the subjeet of the investigation, identify the issues to be examined and eonfine
the investigation to those issues. If the commission finds reason to expand the investigation,
the commission shall move to do so, record in its minutes the issues to be examined before
expanding the scope of its investigation and formally notify the complainant, if any, and the
person who is the subj(~et of the investigation of the expansion and the scope of the investi-
gation.
1(7i(a)J W)(a) ITht' period of time From Ihc ([!Jrhng of cruise 10 the heginning of an:\' contested ens!.'
proccedinf.{s shall be ll'rmed the lfwcstigatory Phosc und shallJ The Investigatory Phase begins on
the date the commission makes a finding of cause to undertake an investigation and ends
on the date the commission dismisses the complaint, rescinds its own motion, issues a
settlement order, moves to commence a contested case proceeding or takes other action
justified by the findings. The Investigatory Phase may not exceed [120J 180 days unless a delay
is stipulat.ed to by bot.h the suhJ<~ct person and the !()regon Government Standards and PracticesJ
commission, wit.h the commission rescrvlIlg a portion of the delay period to complde it.s actions.
(h) During the Investigatory Phase, the commission may seek any additional information,
administer oaths, take depositions and issue subpoenas to compel attendance of witnesses
and the production of books, papers, records, memoranda or other information necessary to
complete the investigation. If any person fails to comply with any subpoena issued under this
paragraph or refuses to testify on any matters on which the person may be lawfully inter-
rogated, the commission shall follow th(~ procedure described in ORB 18:1.440 to compel
compliance.
I(h)] (c) The time limit imposed in this sllbsecLlOn and the commission's investigation arc SlIS-
ppnded if:
(A) There IS a ppnding criminal Investigation that relates to the issues arising out of tllt;
underlying fact.s or conduct. at issue lT1 t,he Ilwt.tcr hefore the commission, unless the parties st.ipulat.e
otherwise; or
(B) A court. has enjoined thp cornmis::;wn from conlinuing its investigation.
I(e)! (d) At. the end of the Investigatory Pha:;(', the commission shall tab~ act.wn b.v orderl,
which I. The action nUlY include:
(A) Disnl1ssal, with or \\/it.hout comnwnL;
!<:nr,.!hi !!(~~!~:(' Bill :.!:-;~,p) (!!!~ :;~~,l:) ]<}
!';lh(" :!()
(B) COlltinuatl(ln of" the invcstigatlOll llo determine finlher {aels, hilt IW more than (Ill!' umtlnua-
lIOn, not to exceed :50 days' dUmllOT), sh(Jn hI' tahcnJ for a period not to exceed 30 days for the
purpose of additional fact-finding:
(C) i\loving to a contested case proceeding;
UJ)) S'eekinfl. (I nCfl,otiatl'd Sl'tlh'IrU'ItI, orJ
(D) Entering into a negotiated settlement; or
(E) Taking ot}wr appropriat.e action if justified by the l'indings
(e) The commission may move to a contested case proceeding if the commission deter-
mines that the information presented to the commission is sufficient to make a preliminary
finding of a violation of any provision of ORS 171.725 to 171.785 or of any rule adopted by the
(~ommission under ORS ]71.725 to 171.785.
)(8) If: at the end of the Invl'sli;.;alorv Jl/wse, IIII' commission takes action hy order to moue to a
umlested ca,~f' procf'l'dinj.;, a persoll moy /iotily the commission thai the person eleds to have the ('om.
Inission file (l lawsuit of-[ainst the person In Ihe Marion (~()/mty Circuit Court in IiCll of the ('()ntestl'ti
('use proceedi!Jp. Thl' COUl'l tnn)' impose Ihe pcnall.v descrihed in ORS 171,Y92. The person shali !loti/v
the commission of the election in u)ritlnf-[ IW loter thun 21 ria)'s after rec('iuin;; nolifiealion oj" the ('om-
misswn's action by order to nwL'(! to the contes!crl c'ose proceedin;.;. The commissum shot! fill' suil
within :30 days ofter r('('eiulng notice that Ihe persoll has eleded Ihe lau'suit procedure. J
(7) A person eonducting any inquiry or investigation under this section shall:
(a) Conduct the in(luiry or investigation in an impartial and objective manner; and
(b) Provide to the commission all favorable and unfavorable information the person col-
lects.
(8) The commission shall report the findings of any inquiry or investigation in an im-
partial manner. The commission shall report both favorable and unfavorable findinl{S and
shall make the findings available to:
(a) The person who is the subject of the inquiry or investigation; and
(h) Any employer of the person.
(9) Hearings conducted under ORS ]71.725 to 171.785 must be held before an administra-
tive law judge assigned from the Office of Administr.ative Hearings established under ORS
18:~.605. The procedure shall be that for a contested case under ORS chapter ]83.
[Um (10) Thp commission [sholl I may not inquin~ into or investigate any [complnint or act at il.~
own instif-[ution Oil allegedl conduct that occurred more than four years before [the! a cornp!ilint is
flied or (action i.~ undertaken J a motion is approved under subsection (1) of this section.
!rJO)] (11) [Nothin;.; in this section is intended toJ This section does not prevent the commission
and the person all{~ged to have violat.ed any provision of OltS 171.72F.i to 171.78.5 or any rule
adopted by the commission under ORS 171.725 to 171.785 from st.ipubting to a finding of I':H:t
concerning the viobtJOn and consentmg to an appropriatp penalty. The commission shall enter an
order lucconllllgly[ based on the stipulation and consent.
(12) At any time during- proceedings conducted under this section, the commission may
enter into a neg-otiated settlement with the person who is the subject of action under this
section.
[(I1)J (13) As used in thjs section. "cause" anrl "pending" have the meanings given those terms
in OHS 24<1,260.
SECTION 25. OilS ~44.:J71l ;s
--'._-
:2.1-1.:no. (1) An.v civll pl'nalty
pn~scribed by O}{S ]8:1.71:').
(2) Notwithstanding O!{S 1.s:'J.74F.i, a nearing [shall beJ is required in all cases prior to impOSItion
of a penalty unless the public off'jcial or candidate waives the hearing. The public official or can-
didate to whom thl' notice is addressed [shall huveJ has 10 days from the date of service of the
not.ice in which to waive a hearing before tlw Oregon Covernment. [Stundards and Practice:.;j Ethics
Commission and th(~ public of1lcial or candidate shall be so notJficd.
amended to read:
under O!{S :244.:~;)O
or 244.:3f;O shall be imposed in the manner
r:llrolled ]](H10'(: Hill ~:)~):J (liB :2:')%-1\)
P:lgP '21
eJ) All pen:lltics recovered under O!{S 2.H.:Fj() :lIld 2'14,:~fjO shall be paid into the State Tre;1sllry
:lIHI credited to Lhe (;encral Funu.
SECTION 2H. O!{S 244.,100 is amended to read
-- -
24,1..1()(), (I) A IfWhlic oflrclO/or person descrlher! 1/' ONS 171.7781 person who pre\'<llb following
,1 contl'stl'd Clse hearing undl'r this c1-wpter or ORS 171.778 [or a !wl.'sllil Ilnder ON,'" 2''I4,2{)()J shall
he :l\v:lnl(,d reasonable attorrH~Y fees nt. t.he conclUSIOn of the contested case or on appe:ll.
(2) Upon pn~v<li]ll1g followlrlg Ithl' conclllsu)/I oil :l contest.ed case hearing or lawsllit., the Ipuhhc
oll/cial orl person may pditlOn the IClrcuit Court 11)'-] .\-bnoTl C:ounty Cireuit Court f'or t.he purpose
of detennming the :nvanl of r('asonahl(~ attorney fee;.; Tlw Oregon Coven1nH~nt IS/of/dunis fInd
Pructic('s I Ethics Commission shall be named as il respondent in the petItIOn. Thl' petitioner :md
respondent shall follow the procedure provided in ()!UT (-;1) for t.he deterrninaLion or reasonable at-
tOrIH'.v fcl's. Thl' court shall give precedence on its docket to pctit10ns filed under tillS subsection
,lS the cin:\Jmstances m:!y require.
c.n [The Court o{ Appeulsl An appellate court ~-ihall award reas(}nah](~ attorIll'Y fees to the
IfJl/hlrc officio! 0'-] person jf the I;Jllhlic ollrcialJ person prevails on appeal from allY [dcclsioHS] de+
(:ision or t.IH' commission lor o( the Marion Count.'/ CircllIl Cuud]
(,1) At.L-:Jrney fees to lw awarded under this section shall be only t.hose fees incurred by the
Ifll/hili' o//icia! o,-l person from the time the commission nutifies the Ipuhlic o/!icw! 0'-] person t.hat
iL has enLCI'ed an ord(~r to move to a contest.ed cas(~ proceeding.
(:1) Any attorney ft~l'S awarded to t.he I;.mhlic olf"icia!1 person pursuant to this sccLlOn ;.;hall he
Iwid by th(~ commission from moneys appropriated or allocated to the commission from the
(;('lwI'a] F\lnd
NEPOTISM
SECTION 26a. Sections 26b to 26d of this 2007 Act arc added to and made a part of ORS
chapter 241.
SECTION 2f>b. A"i used in sections 26c and 2Hd of this 2007 Act:
----"-
(I) "(;tl",erning body" has the meaning given that term in ORS 192.610.
(2) "M<:'mher of the household" means any person who resides with the public official.
Wl "Public body" has the meaning given that term in ORS 174.109.
(4) "Hdative" means the spouse or domestic partner of the public official, any children
of the publi(~ official or of the public official's spouse or domcstic partncr, and brothers,
sisters, half brothers, half sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-
law, mothers-in-law, fathers-in-law, aunts, uncles, nieccs, nephews, stepparents, stepchildren
or parcnts of the public official or of the public official's spousc or domestic partn<:~r.
SE_CTlON~6c. (I) Except as provided in subseetions (2) to (4) of this section:
(a) A public official may not appoint, employ or promotc a relativc or member of the
household to, or disdlarge, fire or demote a relative or member of the household from, a
position wiith the public body that the public official serves or over which the public official
exercises jurisdiction or control, unless the puhlic official complies with the conflict of in+
terest rC(luirements of this (~hapter.
(b) A public official may not particip,ate as a public official in any interview, discussion
or dehate regarding the appointment, employment or promotion of a relative or member of
the household to, or the discharge, firing or demotion of a relative or member of the
household from, a position with the public body that the publi(~ official serves or over which
the public official exerciscs jurisdiction or control. As used in this paragraph, "participate"
does not include serving as a reference, providing a recommendation or performing other
ministerial acts that are part of the normal job functions of the public official.
(2) A member of the Legislative Assembly may ,appoint, employ, promote, discharge, fire
or demote, or advocate for the appointment, employment, promotion, discharge, firing or
!<llrulll'd Ilow:p Ili!1 2G9G (HH 2G!JG-Ill
p"!:(' 22
demotion of, a relative or member of the household to or from a position on the pt'rsonal
leg-islative staff of the member of the Legislative Assembly.
(:~)(a) A publie official may appoint, employ, promote, discharg-e, fire or demote, or ad-
vocate for the appointment, employment, promotion, discharg-e, firing or demotion of, a rel-
ative or member of the household to or from a position as an unpaid volunteer with the
public body that the public official serves or over whi(~h the public official exercise1'i juris-
diction or control.
(b) Paragraph (a) of this subsection does not apply to the appointment, employment,
promotion, discharge, firing or demotion of a relative or member of the household to a po~
sition as an unpaid member of a governing body of the public body that the public official
serves or over which the public official exercises jurisdiction or control,
(c) A relative or member of the household des(~ribed in paragraph (a) of this sub1'iedion
may receive reimbursement of expenses provided in the ordinary course of business to sim-
ilarly situ.ated unpaid volunteers.
(4) This sN~tion docs not prohibit a public body from appointing, employing, promoting,
discharging, firing or demoting a person who is a relative or member of the household of a
public official serving the public body.
B.!<;FI'IOI'\~__~6d. (1) Notwithstanding ORS 659A.:W9 and except as provided in subseetions
(2) to (4) of this section, a public official acting in an official capacity may not directly su-
pervise a person who is a relative or memher of the household.
(2) A member of the l...egislative A.,sembly may diredly supervise a person who:
(a) Is a relative or member of the household; and
(h) Serves as a puhlic official in a position on the personal legislative staff of the member
of the Legislative Assembly.
(:l)(a) A public official acting in an official capacity may directly supervise a person who
is a relative or member of the household if the person serves as an unpaid volunteer.
(h) Parag-raph (a) of this suhsection does not apply to service by a person in a position
as an unpaid member of a goveming hody that a public official of whom the person is a rei.
ative or member of the household serves or over which the publi(~ official exercises jurisdic-
tion or control.
(c) A relative or member of the household serving as an unpaid voJunteer described in
parag-raph (a) of this subsection may receive reimbursement of expenses provided in the or-
dinary course of business to similarly situated unpaid volunteers.
(4) A public body may adopt policies specifying when a public official acting in an official
capacity may diredly supervise a person who is a relative or member of the household.
MISCELLANEOUS PROVISIONS
SECTION 27. Ol{S 171.772 ic; amended t.o read,
171.772. In carf.Ylng out the provisions of OI.LS 171.725 t.o 171.785, the Oregon Covernment
[,,",'frult!orcis rInd Practice:.,.] Ethi(~s Commission shall:
(1) Pri'scrihl' hy rule forms for registrations, statenwnts and report.s n>qllired t.o be filed by O!~S
171.72;') to 17178:), and provide [suchl the forms to persons required to regist.er and to rile [slIch)
the st<ltcml'nt.s and reports:
(2) Accl'pt and file any information voluntarily supplied that exceeds the requirements of O!{S
171.72."1 1.0 171 7RG; (lnd
(:3) Make regist.rat.ions, statements
during rl'gulnr office "hours, and make
cost.
and reports l"JlPd
copying facilities
available
availahle
for public inspection and copYing
at a charge not to exceed aducd
SECTION 28. ORS 244.01() is amended to read:
244.010 (1) The Leglslative Assembly [herebyl declares
official is ,1 public trustl, j and that, as one safq:;uard for
that [0 public offlccl servi(~e as a public
that trust, the people require all puhlic
I-:n["(III('d II()\N' Hill ~:'"I~J:) (lIB ~:)~:i.H)
]'" ~",. ~~: j
ofTiClals t.o lodhere tv lhe code o[ ethics sel {or'lh in OUS' 214.Uj()J comply with the applicable pro-
visions of this ehapter
(:2) Tll(' Leglslat.ive Assembly recognizes that It IS the policy oj' the state to klVl~ servlllg on
many sta1.e and local boards and commissions state and local officials who ma)' h;lVe potentially
conflicting public responsibilities by virt.ue of their po"it.iollS as publIc Off]Cl,lls and also as rnemb('rs
of the ho,lrds and commissions, and declares it to Ilt' the policy of t.he stdLe th;ll tlH' holding of such
ofTices docs not constitute the holdmg of incolllpallhlp off)ccs unless expressly sLitr'd in the cnabling
legislation
SECTION 2H. OI{S 211.055 is amended to read
----
244.05G. (1) In addition to the statement rcqulr('d b.y OW:) 241.0CI0, thp State Tre;lsurer and any
p('rson listl'd undpr ORS 211_050 (l)(q) and this subsection shall file qU<lrtprl:-' at ;J time flxcd hy the
Slate Treasurer a trading statement lisl.lTlg all stocks, bonds and other types of secunUcs purchas('d
or sold during the preceding quarter:
(a) !)Ircctors of the Cash Management Divlsion and the Debt Managpment
(b) Equitips, fixed income, short term Cund, real e::;tate, equities real psLl!e
mortgagl' rcal estate Investment officers and <lssisLlnt investment officers.
(e) Fix(~d income and short term fund investment :lI1alysts.
(2) The statement required by subspction (I) of this section shall be filed fur
St.atc Tre,l~urcr. the Attorney General and the DivisJOn of Audits of the ofTiu~ of
St.ate_ T}le '~.ontent of t.he st<1tement is confidential.
elJ IC the State Treasurer or Ow Chief Deputy Stat.e Treasurer determines lh,lt. ;I conflict of in-
len'st exist::; for an o/"ficer or employee, the Slate Treasurer shall subject the person to appropriate
disciplnH:, mcluding dismissal or termination of the contract, or both. pursuant to rule. If the State
Treasurer hin; calise to believe that a violat.ion of this chapter has occurred. I,he :-;tate Treasurer
shall I'dI' a complaint with the Oregon Government [Standards and Practices] Ethies Commission
under ORS 211.2GO.
(4) If the State Tn~asurer fails to act on an app<ln~nt conflict of interest lInd('r suhsection (:3)
of' this sl~diol1 or jf the statement of the State Treasurer or the Chief Deput.y SLlCl' Treasurer ap-
pc;n.s to contain a conflict of interest, the Din~ct(lr of the Division of Audits shall report the failure
or apparent conflict to the Attorney Ceneral, who IlIay file a complaint \vit.ll the COlli mission
1(:3) i\ person filing the statement n'l/llircd h.y sllb...;('cllon (1) 0/ this section mllst ('cn/}' that the
stuh'ml'nl IS curl/plell-' an.d accurale. i\ person u..Jho intclltwnally foils lo fl1e a ('I!mplele and (JCCI1!"(fte
slatl'l1Iult cununils a Cluss C [elony and may also he .<;uhjecl to o]-n.; 162.()76.]
B.ECTIqN 30. Section 31 of this 2007 Act is added to and made a part of OilS chapter 244.
.~~<:C'nON :-n. A person who intentionally fails to file a complete and ;H~(~Urate statement
under ORB 244.055 commits a Class C felony.
SECTION :32. ORS ~44.090 is amended to read:
-.._-..-
211.0!)(), (1) Each public official 10/ this stutel or candidate reqllJred to [muke) file ,\ statpment
of economlC interest under this chapter shall [reporl hy) include on the statement the name of
any compensated lobbyist who, during t.he preceding calendar year, was associat.ed with a busirlPss
with v.,'hich the public official or candidat.e or a mcmber of t.he household of t.he puhlic officlal or
candidate W;IS also associat.ed. [Holding stock In (f f!uhlicly traded ('orporatio!l in /1.'11/(1/ the lobbyisl
also Jwhls s,/och IS not a relationship [or u..!hich a statement is required.]
(2) Sub.sedion (1) of this section does not apply if the only relationship hetween the public
official or eandidate and the lobbyist is that the public official or candidate and lobbyist hold
stock in the same publicly traded corporation.
[(2)j (::3) As used in t.his o;ection, "lobbyist" has the meaning Iset felrth] given that term in OH.S
171 72S
DiV\;;WTl
and ("omnwrci;ll
nnd
review WIth t.he
the ~ecrl'tary of
SECTION :la. OHS 244.115 is amended to n~ad
-- ----
244.11;). (1) Each member of Congress from thi.,; state and each c;\ll<hdate ror la 8ml in
COrl..',',.ess] nomination or election to the office of United States Representative in Congress
or United States Senator from this state shall file wlth t.he Oregon Cov<'rnm(~nt l,'-.,'I()ndurds and
I<:nmllf'd 11",1.~f' Ilill }'."i~l;) IIIB ).!]l);}.B)
Pi!;.;"'.' ').1
Prnctices] Ethies Commission a copy of tlH~ fpdt'ral ethics filing required undl'r f"ederal bw or b.y
congressionnl rule.
(2) The member or (~andidate shall file the information required under subsection (1) of
this section not later than [uJi/hin) ;]0 days a('jpr the filing dat.e n~quired under f"etinal law or
congressional rule. If the filing is not. made in a LlTncly manner, the commission shall obtain copies
of t.he filing and indicate Ithereon) on the filing LfLlt t.l-H' filing was not m,lde with the commi.'isi()1\
by the meml)('r [oj" COllgres:.,.] or candid;lt,(,.
(3) All [sllch] filings made under this section ;lfC public records available for public ins:H:ct.ion
SECTION :-l4. OB.S 244.160 is amended to r('ad:
211.160. (1) Any polItical subdivision in thlS staLe, other than (l city or count)', by rec;olution
ma.y n~qulre an.v public ofEcial of t.he subdivIsion to tile a verified stat.ement of economic mterest.l
The fllrnft shall he made] with the Oregon C()Vl~rnment ISlnruiards uraL }JmclicesJ Ethics Commission
(2) The political subdivision shall file a copy of the resolution [1\ COP)' of'lhe IJrdina!l:'c shul!
he fILed] wit.h the commission.
SE(~rrl0N 35. OltS 2-14.:~00 is amended to read:
2-14.:300. (1) ltecords of the Oregon Covprnmenl [Standards and Practices [ Ethics CommisslOn
[shu!! mlls/itllte) are public records of" this stat<'
(2) All information submitted to the commission in any statement refjuired under this
chapter is a puhlie record.
SECTION :16. ORS 244.:120 is amended to rl'ild:
244.:~20. (1) The Oregon Government [Standards and Pnl('l/(-'e.~J Ethics Commission shall [mllse
10 !WUI' prcpared and puhltshed] prepare and publish a manual on govprnment ethics that. l'xpbins
in t.erms understandable to legislative and public ufl']cials and the public t.he requirt'lllpllU; of thIS
chapter and t}w commi.."sion's interpretation of those rcquirellwnt.s whether st.ated by rille or in ,In
opInIOn The manual shall set forth reeoIll1l1ended uniform reporting methods for use by
persons filing statements under this ehapter.
(2) In preparing the manual, the commissIOn shall Ibe
consider the format of the manual pn~parcd by the Attorney
tlw puhlic in the n'quircments of OW:! chaptl~r 19~
en The [nwruwl rI'IJl1ircd by this section shall he updated] commission shallupdatc the manual
as orten as the commission believes necessary but no less frequently than once ever)' four 'y'ear:'i.
(4) The commission shalJ make copies of the manual available in an electroni(~ format on
the Internet.
SECTION 37. ORS ~.1,1.;310 is amended to read:
~41.:HO. The Ort~gon Government [S'tundard.'> and Practices! Ethics Commission shall prepart'
and present a prugram of continuing ,~dllc<ltion fur public officials. jnnd !uhh.vl.'.;ls_ F()l Ihis
IJIlr!}(}.'.>e.1 The commission may llse its own staff or may contracl tilr the prepnratlOn lalll/l or prl'S-
entatlOIl of Ithis program, or both[ the program of continuing education
SECTION 38. O}{S 4fl9.R to is amended to read:
469.RIO. (I) ^ Pacific Northwest Electric Power and Cons{Tvation Planning Council rnl'mber!,]
or member of the council member's household[, as defined in OUS 214.020, shaU[ may not own or
have any beneficial interest in any stock or indebtedness of any utility or direct. service industry_
(2) A council member[,] or a member of [a] the council n1P.mber's huusehold!, as defined in (JUS
214.020, shall] may not be a director, officer, agent or employee of any ullliLy or direct service In-
dust.ry.
(:3) A council member!, I or a member of [a] the council member's household!, as defined in OUS'
244.020, shall] may not be <l director, officer, agent. or employee of or hold an)' proprir>t.ary ::nterest
in any consulting firm [which] that does business with an.v utility or dirf'ct service IIHlustry
(4) A council rnembcd,] or a member of t.h(' council meml)('r's housf'llOld[, as defined ,'n OUS
244JJ20, shall] may not receive any compensation from any utility or direct sprvice industry arising
out of the member's bllsine"s, trade or profession
guided in pre{Jllrin/--: its
GerlPral t.o gUHlp public
mllnuu! h.1'1
()fl'jclals and
Enru]]f d !!f;~;!::~' Ed! ~:"i~!:'j (!!H ~.';9S-!3)
!',;g, ~:"i
Ui) ^ council member [sholl be cOllsldered] is a public official [and /wl sub.wct t.u the provIsions
and reporiling requirements of O]{S (")wptcr I"HI, Indlltltng the n_'j)(Jr!lng l"I'(julref/1cnls thereon
(6) ^ council memlwr [shall] must JH~ a citizl'n of tlw United St~lt.I.'S and [haue hcen a re,<"'ldefIt
on must have resided in the State of Oregon for at Icast one yetlr pn~cedlllg appointment.
(7) A council member [sha!!1 may not hold ;lllj' othl'r elected or appointed [pl/hlte! lucratIve
public ofTiu~ or be principally engaged in an.'>' other husiness or vocation
(oS) As used in this section:
(a) "Beneficlal interest." does not lnclurle an lllt('n~:-;t. in a penSlOn fllnd, a mut.ual fund or an 11)-
sllrance fund
(b) "C'onsult.ing rinn" llH',HIS any corporatIOn, p;lrtncrship or sole propndorship whose principal
business is providing personal services
(e) "Member of the household" means any relative who residcs with the council mcmbcr.
(d) "Rdativc" means the spouse of the (:ouncil member, any (~hildren of the council
member Olr of the council member's spOllse, and brothers, sisters or parents of the council
member or of the council member's spouse.
I(C)] (e) "Ut.ility or direct service JIldust.ry" [lJr.':ms a utiJit..y or dlf('ct SlTV1C/' industry cust.olller
that purchases electrical energy directl.,,' from the Bonnevlllc Power Administration.
CONFORMING CHANGES
SECTION :{9. ORS 171.7:15 is amended to rcad:
-,,^---
171.74:) (1) A lobbyist n>gistered with t.he Oregon C;overnment. I,r..;tnndurd." olld Practlce,'-;] Ethics
Commission or required t.o n~gister with t.he commission shall, on ,LllllWfY :i 1 and .fuly :i I, of each
even-numbered year. and on ,January :\], April :W and ,July :11 of each odd-numbered year. file wit.h
t.he commission a statement showing
(a) The tot.al amount or all moneys expended by t.he lobbyist for the 1}lII'pose of lobbying m the
prl'l:eding reporting period for:
(A) Food. ndreshments (lnd cntertamnH'nt.;
(B) Printing, postage and telephone;
(C) Advertising, public relations, educat.ion and re'-'carch; and
(D) Miscellaneous; ami
(b) The name of any legislative or execut.Ive offlcial to whom or ror whose hcrwf"iL on anyone
occasion, an expenditure in excess or ~2G is made for Lhe purposes of Jobbying. and t.he date. name
of payee, purpose and amount. or that expenditure.
(2) Beginning on .July 1, 1979. the dollar amount. specified in subsection (I)(b) or this section
shall be adjusted annually by t.he commission hased upon the cbange in the ]>ortland Consumer Price
Index for All Urban Consumers for All It.ems as pfl~pared by the Buredll of Labor' Statist.lCs of the
United StaLes Department of Labor or its successor during t.he prccedmg 12-month periolL The
amount determined under t.his subsection shall 1)(> rounded to the nearest dollar
(:1) Statements required by this sectIOn need not include amounts expended by t.he lobbyist. for
personal living and tr~lYel expenses and oOice overhead, including salaries and wages paid for starr
and secretarial assistance, and maintenance expcn.'ws If" the mnount of any expenrlitun~ required to
be included in a statement is not. accurately known at the time the statement is required to be filed,
an estimate of the expenditure shall be submitted in the stat.ement and designated ;IS all estimate.
The exact amount expenrled for which a previolls estJInate was made shall be sllhmitted in a subse-
quent report wnen tbe information is available.
(4) Notwithstanding ORS 171.7:{5, 171.740 and subsect10ns (1) t.o (:n of" this section, a registered
lobbyist, \\'ho engages in lobbying activities \vithouL compensat.ion on behalf' of an ()1"ganizatlOn is
not required to register as a lobbyist ror the organization as long as t.he lobbying <JcL1Vit.y does not
excel~d the financial or time limits set in ORS 171 7:3:1 (<1).
(5) A statement required by this section srwll include ,1 copy of any notice provided to a public
ofl]cial under OES 2:1<1_100 l(.:i)).
Enrolled House Hill 2;)~);) (lIB 2;)9;)-13)
1';11:" 2(-)
(()) For each sutelll(~llt required by this sectIOn, ;1l1 entlty comprised of more than one lobbyist
may file one statement that reports expenditures by the l'nt.ll.y ~md nol b.y lndividlJill lobbyi.-;ts
SECTION 40. OI{S 171 7rlO is amended to H'<Icl:
171750. (1) Any person on whose heh;)1f a lobbyist was (pgistered. or was required to n~gist('r
with the On~gon Covernment [S'tofulard.c,' and Pru('//('I''<;) Ethies Comnllssion at any t.ime du::ing t.he
preceding calpndar year, shall fill' with the commission, by ,January ;llst or each year, a st.atpment
showing, for the preceding calendar YC<lr
(a) The t.otal amOllnt of all moneys cxpemlf'd for ]obb,ying ;lc!lvitics on the fwrson's hehalf. ex-
cluding living and trav('l pxpenses incurred for a lohb)'ist performing lobbying services.
(b) TIH' name of <J.n.v Jpgislat.ive or executive offici;ll to \...,hom or for WhOSi> Ill'nefjt, on [lny one
occasion, an expcndit.un: in excess of $2;) for t.he purpoc;e of ]ohbymg is nwdp by the perc;on, but not
includlllg information pn>viousl,y reported in compliance with OI{S 1717.1;'), ilnd the dilte, n:\nl(~ of
p;lyee, purpose and amount of that. expCn(l1tuH>.
(2) Using ,July 1. 1!17~), as the base, the dollar MIWllllt speclflcd III subsectIOn (1 )(b) of tIllS c;ed,ion
shall be adjusted annually by t.hf~ commission bas('cJ llfJon t.he Ch<lllge in the Portland Consumer Price
Index for All Orban Consumers for All It.ems as prepared by the BUrf'al] of Labor St;lt.ist.ics of the
United Stat.es Department of Labor, or it.s successor, during t.he preceding 12-mont.h period. The
amount determined under this subsection shall hi' rounded to t.he nearest. dollar.
(;1) 1\ statement. required lIndt'r subsection (I) of' t.hlS sPcLion shall include a copy of an)' notice
provlded t.o a public ofEcwl undt>r OI\S 244.100 [I:nl-
SECTION 40a. O!{S 2,14.:~t1R is amended to rpad:
2,14.:HS. The Oregon Covernment ISlantiard.\ wul Pructic('sl Ethics Commission Account is ps-
tahlished separate and dist.inct from the Cenernl Fund. All IllOl1f'YS received by t.he Oregon Govern-
llH'nl ISlondards and Prnctice.~l Ethics Commlssiotl, other than appropriations frOIll nIP Ceneral
Fund, shall he df'posited into the account and ;I1'C cont.inuously appropriated t.o the commi:~sion to
carry out. t.he duties, functions and powers of t.he cOIlHnission.
SECTION _'!.Q.~~ (1) The amendments to ORS 241.250 by section 1 of this 2007 Act are in-
tended to change the name of the "Greg-on Government Standards and Practices
Commission" to the "Oregon Government Ethics Commission."
(2) The amendments to ORS 244.:l4:'5 by section 40a of this 2007 Act are intended to change
the name of the "Oregon Government Standards and Pradices Commission Account'" to the
"Oregon Government Ethics Commission Ac(~ount."
un For the purpose of harmonizing and clarifying statute sections published in Oregon
Revised Statutes, the Legislative Counsel may substitute for words designating the "Oregon
Government Standards and Practices Commission," wherever they occur in Oregon Revised
Statutes, other words designating the "Oregon Government Ethics Commission."
(4) For the purpose of harmonizing and darifying statute sedions published in Oregon
Revised Statutes, the Legislative Counsel may substitute for words designating the "Oregon
Government Standards and Practices Commission Account;' wherever they occur in Oregon
Revised Statutes, other words designating the "Oregon Government Ethics Commission Ac-
count."
TRANSITION PROVISIONS
SECTION 41. ORS 244.030, 244.080, 244.180, 244.190 and 244.201 are repealed.
B,ECTION 42. ORS 244.:-l40 and 244.345 are added to and made a part of ORS chapt(~r 244.
SECTION._~_~..: (l) Sections 4, 5, 13, 14, 1:3, 26a to 26d, :-JO and 31 of this 2007 Act, the
amendments to ORS 162.005,171.745,171.750, 171.772, 171.778, 244.010, 244,020, 244.050, 214.055,
244.090, 244.100, 244.110, 244.115, 244.1:lO, 244.1/;0, 244.1!l5, 244.250, 244.260, 244.270, 244.280,
244.2!JO, 244.300, 244.:11 0, 244.320, 244.340, 244.:J45, 24.1.:J50, 244.3(;0, 244.:J70, 244.:J80, :244.:J90,
244.400, 293.708 and 4()9.H10 by sections I to 3, 6 t.o 12, Hi to 29 and :12 to 40a of this 2007 Act
f':nrolkd Huuse Bill :2;)% (liB ~f:i9S-H)
)>" ~;" ') 7
and the repeal of ORS 244.0:10, 244.0~W, 24-1.180, 244.190 and 244.201 by section 4] of this 2007
Ad become operative on .January 1. 2008.
(2) The Oregon (;overnment Ethics Commission, a stat.e agency as {it.fined in OltS 18:3.750
and any statewide association of puhlic bodies as defined in ORS 171.10!1 may adopt rules or
policies or take any other action before the op~'ratjve date specifit~d in subsection (1) of t.his
section that is necessary to enable the commission, the state agency or any publie body that.
is a member of a statewide association of public bodies to exercise, on or after the operative
date specified in subsection (1) of this section, all the duties, functions and powers conferred
on the commission, state agency or public hody by t.his 2007 Act.
SEC'I:!ON 4",!: (1) Section 5 of this 2007 Ad and the amendments to OI{,S 241.390 by section
2 of this 2:007 Act apply to alleged violations of any provision of ORS chapter 244 that occur
on or after .January I, 2008.
(2) The amendments to ORS 244.280 by section 12 of this 2007 Act apply to commission
advisory opinions issued on or after .January 1, 200ft
(3) Section 14 of this 2007 Act applies to staff advisory opinions issut~d on or after Janu-
ary 1, 200H.
(4) Section 15 of this 2007 Act applies to staff advice issued on or after ,January 1, 200M.
SEC1]ON 45. The amendments to ORS 2'J4.I:W by section 9 of this 2007 Act apply to de-
{~isjons or actions made or taken by publie officials on or aft{~r ,January I, 2008.
SEC:r!ON 4_(}: (1) The amendments to ORS 244.050 hy section 17 of this 2007 Act apply to
statements of economic interest re{Juired to he filed on or after ,January 1, 200R.
(2) The amendments to nRS 244.:350 hy seetion 18 of this 2007 Act apply to:
(a) Violations of any provision of OltS chapter 244 or any resolution adopted under ORS
244.160 occurring on or after .January I, ZOOS;
(b) Violations of ORS 293.708 occurring prior to, on or after .January 1, 2008; and
(e) Stat{~ments of economic interest re{luired to be filed on or after .January I, 2008.
(::1) Th(~ amendments to ORS 244.:360 and 244.:nO hy sedions 19 and 25 of this 2007 Act
apply to violations of any provision of ORS chaph~J' 241 or any resolution adopted under OItS
244.160 occurring prior to, on or after ,January 1, ~008.
(4) The amendments to ORS 244.:mO by seetioJ) Z of this 2007 Aet apply to penalties or
sanctions imposed for violations that occur on or after ,January 1, 2008.
(5) The amendments to ORS 244.270 hy seetion J] of this 2007 Act apply to violations of
any provision of ORS chapter 244 or any rule adopted under on....!,,) chapter 244 occurring on
or after .January I, 2008.
(6) The amendments to ORS 244.:-l80 by seetion 20 of this 2007 Act apply to statements
of economic interest required to be filed prior to, on or after .January I, 200ft
(7) The amendments to ORS 29:l.708 hy sedion 21 of this 2007 Aet apply to violations of
OKS 293.708 occurring prior to, on or after .January I, 200ft
(8) Section :n of this 2007 Act and the amendments to ORS 244.055, 244.090 and 244.110
by sections 7, 29 and 32 of this 2007 Act apply to statements required to be filed on or after
.January 1, 2008.
(9) The amendments to OKS 1{;2.005 by section 22 of this 2007 Ad apply to violations that
occur on or after .January 1, 2008.
(10) The amendments to OltS 171.778,244.260 and 244.400 by sections 2:1. 24 and 26 of this
2007 Act apply to complaints filed on or after ,January 1, 200S, and actions first conunenced
by the Oregon Government Ethics Commission OJ) its own mot.ion on or after .January 1,
2008.
(11) The amendments to ORS 244.100 by seetion 6 of this 2007 Act apply to notices for
expenses incurred on or after the effective date of this 2007 Act.
(12) The amendments to OKS 244.195 by section to of this Z007 Act apply to copies of
statements and explanations required to be provided to puhlic officials who are elected or
appointed on or after January], 2008.
Enrolled IlUW'l' BiI] 2;')% (HB 2;)9.')-H)
P;lgl' 2H
0:1) The amendments to ORS 244.:100 by section :1;') of this 2007 Ad apply to information
submitted on or after January 1, 200ft
SECTION 47. (I) Any proceeding", aetion, prosecution or other business or matter
undertaken or conunenced before .January 1, 200H, by the Oregon Government Ethics Com-
mission under any provision of ORE chapter 244 and still pending on .January 1, 200:~, shaH
be conducted and compl(~ted by the commission in the same manner, under the same terms
~Uld conditions and with the same effect as though undertaken, conducted or completed bc~
fore .January I, 2008.
(2) Nothing in this 2007 Act relieves any person of any obligation with respect to any tax,
fee, fine, civil penalty or other (~harge, interest, penalt}', forfeiture or other liability, duty
or obligation.
SECTION :1-8. (1) Section 26c of this 2007 Act applies to appointments, employment, pro-
motions, discharges, firings, demotions or advocacy that first occurs on or after .January I,
2(H)8.
(2) Section 2(id of this 2007 Act applies to supervisory relationships that first o(~cur on
or after January I, 200ft
~~_CTION 49: The unit captions used in this 2007 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act.
SECTION 50. This 2007 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this Z007 Act takes effed
,July 1, 2007.
Passed by House .June 7, 2007
Ht'ct'ived h)' C;overnor:
Repassed by House .June 25, 2007
~()07
Approved:
Chief C]prk of ] luuse
2007
Speaker of ]]OUS<'
Coverllor
Passed by Senate ,June 24, 2007
Filed in Office of Secretary of State:
I\t...
..,2007
President of SCllilV'
Secretary of State
]':nrnlbl H01]~f' Hill ~})t).'lIIIB 'H,t).'l-B)
P"gf:> '2Q
74th OH.EGON LEl:1SL/\TIVE ASSE\lBL'y'--20ll7 Hq.,'lJbr S('ssion
Enrolled
Senate Bill 10
,spollsored by Senators BI{OW::.J, COL'lrrNEY, J{"jJrcs('n(;lLlvC 1\1El{KLEY; Senator !\.-10H.1{ISETTE
(l)rcsc~.si()n filed.)
CIIAl''TJ<:n
AN ACT
HeL-tLing to government ethics; creating rw\v pnlVl.C;lIlns: ,1Tllending ons 17172:'), 171.7:W, 17\ 7:~5,
171.710, 171.745, 171 7,SO, 17L77~, 17UJ9:2, 2'1.1.(t20, 24.1.(HO, 24:1 J14S, 244.050, 2/14_060, 24:1.070,
24t1.lOO, 24.1.110, 244.2,sO, 244.290, 244.:~;)O, 244.:l(;O. 244.:-l90, 260A07, 29:~.70,s, :-l5L067 and :35:;.270
and scct.lOns 5, 1.1, Fi and 40b, chapter _ Oregon !.;nvs 2007 (Enrolled House Bill 2;:)95); and
dccLni:'lg an emergency.
Be It Enaded by th(~ People of the State of Oregon:
COMMISSION FUNIlIN(;
B.ECTION)~ Section 2 of this 2007 Act is added to and made a part of ORS (~hapter 244,
SECTIQ.N 2, (1) The Oregon Government Standards and Praetices Commission shaH es-
timate in advance the expenses that it will ineur during a biennium in carrying out the
provisions of ORS 171.725 to 171.785 and 17L!m2 and this chapter. The commission shall also
detennine what percentage of the expenses should be borne by the following two groups of
public bodies:
(a) Public bodies in state government; and
(h) Lo'~al governments, l()(:a) servi(~e distrids and special g()v(~rnment bodies that arc
subject to the Municipal Audit Law,
(2) The (~ommission shall charge each public body for the public body's share of the ex-
penses described in subsection (I) of this section for the biennium. The amount to be charged
each public body shall be determined as follows:
(a) The commission shall determine the rate to be charged public bodies in state gov-
ernment. The same rate shall be applied to each public body described in this paragraph. To
determine the amount of the charge for each public body, the commission shall multiply the
rate detenmined under this paragraph by the number of puhlie officials serving the public
body.
(b) Th(~ commission shaH set the charge for local governments, local service districts and
special government bodies that arc subject to the Municipal Audit Law so th,at each local
government, local service district or special government body described in this paragraph
pays an amount of the total expenses for the group that bears the same proportion to the
total expenses that the amount charged to the loea] government, local service district or
special government body for the municipal audit fee under ons 297.4H5 bears to the total
amount assessed for the municipal audit fee.
Enrol\pd S('nat(~ Bill ]() (SH l{)-c)
1'; I ~~f' 1
(3) Each public body shall pay to the credit of the commission th(~ charge described in
this section as an administrative expense from funds or appropriations available to the public
body in the same manner as other claims against the public body are paid.
(4) All moneys received by the commission under this section shall he (Tedited to the
Oregon Govemment Standards and Practices Commission Account established under ORS
244.345.
(5) The commission shall adopt nlles specifying the methods for calculating and collect-
ing the rates and charges described in this seetion.
(6) As used in this section:
(a) "Local government" and "local service district" have the meanings given those terms
in OR.';; 174.116.
(b) "Public body" has the meaning given that term in ORS 174.109.
(c) "Public official," notwithstanding ORS 244.0:W (13), means any person who, on the date
the commission charges the public body under this sedion, is serving the public body as an
officer or employee.
(d) "Special government body" has the meaning given that term in ORS 174.117.
(e) "State government" has the meaning given that term in ORB 174.111.
SECTJ.QN :1. The Oregon Government Standards and Practices Commission shall first
impose charges under section 2 of this 2007 Act for the biennium beginning ,July 1, 2009.
REPORTING REQUIREMENTS
SEC'rION 4. Section 5 of this 2007 Act is added to and made a part of ORS 171.725 to
171.785.
SE~tQN 5. Statements required to he filed with the Oregon Government Standards and
Practices Commission under ORS 171.715 and 171.750 shall be filed in each calendar year:
(I) Not latcr than April 15, for the .l(~eounting period beginning .January 1 and ending
March 31;
(2) Not later than .July 15, for the aceounting p(~riod beginning April 1 and ending .June
30;
(:3) Not later than Odober ]5, for the a(~(~ounting period beginning July 1 and ending
September 30; and
(4) Not later than ,January 15 of the following calendar year, for the accounting period
beginning October 1 and ending December :n.
SECTION (). O]{S 171.72.S is amended to read:
171.725. As used in ORS 171725 to I7l.7oSS. unlt'ss t.he context requires otherwise:
(1) "Compensation" has t.tw meaning given that term in OHS ~~J2_H51.
(2) "Consideration" includes a gift. payment. distribution. loan. advance or deposit of muney or
anything of value, ,md includes a contract, promiC'e or agreement, wlwther or not legally enforcea-
hIe.
(;3) "Executive 3gcncy" means a commiSSIOn. bo,lrd. agpncy or other body in the executive
branch of state government t.hat is not part uf thE' lr>gislativ(' or .Judicial branch.
(4) "Executive official" means any member or memlwr-eJect of an executive agency and any
member of the starT or em employee of an executive agency. A TTwmbcr of a slate hOilrd or commis-
sion, other than a memlwr who is employed in full-time public serviet', is not an executive official
for purposps of OH.S 171725 to 171.785
(f)) ".Judge" means an active judge serving on the Oregon Supreme Court, Court of Appeals,
Oregon Tax Court, or an Oregon circuit court
(6) "Legislative action" means introductiun, sponsorship, testimony, debate, voting or any other
official action on any measure, resolution, L'lIlwndml'nt, norninatlOn. appointment. or report, or any
matter that may be the subject or action hy either hOllse or the Legislative Assembly, or any com-
mittee or the LegislatIve A.-:sembl)", or the approval or veto lhen'of by the Covernor.
Enrulll'd S('TJ:l!p Bill II) (;";11 w.e)
I'ag(' ~
(7) "LcgislHt.ive officIal" means an,v mernlH'r or nH~lllb{'r-e]('ct of ltw Legislative i\ssemhl.', any
member of" ,Ill agency, board or commIttee t.hat is pad of Illt, legIslative branch, ;1Ilt! any :;larT pet"Cion,
aSsistant or emplo)Tt' then'of
(H) "Lcbhymg" meDns lllflut'ncing, or attempt.ing to inf1uence, leglslaUve act.ion through oral or
\\.Titten communication with legislative officials, solicit.ation of IOlhers] executive officials or other
persons t.o influence or attl'rnpl to influence legisbtive ClctlOn or attempting to obt.ain t.he goodwill
of lcgislatlve official;;
un "Lobbyist" means:
(a) Any ind1Vidual who :lj..;r{'es t.o provide personal sen'IC(~S ror money or any other considerat.ion
for the purpose of lobbYlTlg
(h) Any person nol ot hnwlsl'
s(~rvices as a represent.ativl' or a
pose of lobbying.
(c) Any public or!]cwl \vho lob hies
(10) "Puhlic agency" llW;l!l" ;1 commlSSlOn, board, agenc,Y or
(11) "Publlc official" Il\CallS any member or nwmbcr-elect of"
of the staff or an employee of the publlC ;Igency
S~~CT]O~ 6a. ons 171.7:.10 is amended to n'ad
171.7:\0. The J,egislHtiv(' ^sscfllbly finds that., t.o pre"erve and maintain the integrit.y' of the lcg-
Isbtive process, persons who ('ngdgl' in efforts to Ipersuode members of' Ihe LI';.;islutu'f' Assemhly or
Ihe excculll.'c branch t(J luke spenflc adions] influence legislative action, ciLfH'r h.y dirl'ct commu-
nication with Imembers or e!llployees (If' the I.euisluliue /\.<;,<;emh(y or lhe cxeculiuc hrunch]lcgisJative
officials or hy solicitation of" lothers) executive officials or other persons t.o engage in those ef-
forts, should regularly n~port their effort." to the pubhc
SECTION 6b. ORS 17] 7:l!) is anwnded t.o r(';Hi
_.._.~
I 71.7:ifi. ORS 17L7,10 ;Intl 171 7il5 do not. apply to the ro1lowing persons:
(]) News lTledl<1, or their employees or agents, Lh;lt. in the ordinary cour,se of business directly
or indin~ct.1y urge ]eglsbtivc ,ICtJOIl hut. that engage in no olher 8ctivities in COllllCction wit.h the
legislative action.
('2) Any legislative ofTici,ll act1l1g in an of"flci<ll capacity_
(:n Any individual who [r('('eives no) does not receive compensation or reimbursement of ex-
penses for lobbying, ",'ho limit<-; lohbying activities solely to formal appearance." to givp testimony
beron~ publIC sessions or COrlllllittl'CS oj' the Legislative Assembly, or public hearings of st.ate agl'n-
cil's, and who, wrwn testlt:ving, reglslers an Dppearancc in the records of the comlmUees or agenclL',s.
(4) A person who lspl'llils nol] does not spend more than an aglP"egate amount of 24 hOllrs
during any cal('ndar qIJadcr lohhying ,lnd who doc'" not spend an aggregate amount in excess of
$100 lobbying during any cal(~ndar quarter.
(f)) The (;overnor, IFxcculiuc J\ssislant to] chief of staff for the Covernm, [/.i'J~(d Counsel]
deputy chief of staff for the Governor, legal counsel to the Governor, deputy legal counsel to
the Governor, Secrdary or Stat.e, Deputy Secret.ary of State appointed pursuant to ORS 177.040,
State Treasurer, Chief Deputy State Treasurer appOinted pursuant to OI{S 17H.OGO, chief of staff
for the office of the State Treasurer, Attorney GenemJ, Deputy Attorney General appointed
plJrSuant. to ORS 180.l:lO, Superintendent of Public Inst.ruction, Commissioner of t.he Bureau of Labor
and Industl-ies, members and staff of the On~gon Law Commission who conduet the law re-
vision program of the commission or fond] any judge
SECTION Bc. OH.S 171.74() is amended to n~ad:
--
17L710. (1) Within three lu.}()rhing] business days after eXCl~eding the limlt of time or expend i-
blre speCIfied in ()RS 171.7:1;) (4), a lobb,yist shall rl'gister with the Oregon Government Standards
and Practices Comrrmision by filing w1Lh the comJllls~i()n a statement containing t.he following in-
fonnaLlon
subject to paragr<lph (<1)
corpor;ltion, nssociatio[J,
of" t.his subscctJOn who provides
orgaIl1zation or ot.her group, for
personnl
the pur-
other governmental ))od)'.
any public agency and any
member
(a) The name, address and telephone number or the lobbyist
!<:!~""!!('d s{~!), t", Bill li) (,c.:B 111-('\
!':~ g<' '~
(bl TIle name, nddn~"" and tC]l'phOlH' number of each pl'rson t.hat. employs the lohb,vist or III
whose interest Llw lohhyist appears or works.
(c) 1\ g('ncral descript.ion of thi' trildl', husiness, profession ur area oj" endeavor of any person
designat.ed under p:lragraph (b) 0[' thIs subsection_ and a statnllent by the person that the lobh,vist
is o111cial1y aut.horized to lobby for tlw person.
(d) The name of <:Iny member of the L,egisl:lt,ivc Asselllbly emplo,yeu, rdilined or ot.herwise com-
pensated b,v:
U\) The lobbyist designated under pilragr:lp}-I (a) oj" t.his subsection: or
(B) A person designat.ed under IHlrilgraph (Ill or t.his Sll!Jscction
(e) The general subject or subject.s of t.he ll'l-~isht.Jve <lct.JOn of interest. to the person J"or \vhom
the lobbyist is n~gic;t.ered,
(2) The designat.ion of ofllcial ,llltlwril.:ltjon to lobby sha11 he sIgned by an offic13] of each person
t.hat employs the lobh)'ist or in who,sc 1l1te]'pc;t till' l(Jhh~'ist. appP,lrs or works
(;3) A lohbyist must file a separate registration statement under this section fOIl' eaeh
person that employs the lobbyist or in whose interest the lobbyist appears or works. If a
lobbyist appears or works for a person for whum tlw lobbyist h,lS not registered, the lobbyist shall
register WIth the commission la'ithin thl'l'(' IL'IJrlnn,",' do)',,", of/he IIJhhyisi's appearance] not later than
three business days after the day the lobbyist first appears or works for the person
(4) 1f any of the information submitted hy :l lobhyist in the statl~ment requin'd under subsection
(1) of this section changps, tt1l' lobbyist shall ri'VIS(' lhp st,lt.cment within :10 days of thp change
(fi) A lobbyist registrat.ion expires l)pcemh(T :ll or ,lll odd-numbered year. If a lobbyist nmews
the registration hefon' March :n of th(~ following 1.'vl'l1-IHlmberpr! year, t.he commission shall consider
t.he registration t.o have l)(~('n cffl'ct!ve ,IS of J)pccmlwr :{I of tlw odrl-numbered ye3r on which thi'
registration pxpin'd
(6) For the stat.ement. H'quJrPd by this scetlOl1, illl entit,'l comprised oj" marc t.han one l()hhyist
may file one statement for the lobbyists Ithot] who cornpnse tlw i'ntit.y. The statement. the entity
files must include the nallles of the l!HlividuaJ.c; ,lIltllOrized to lobby on behalf of the client listed in
t.he stat.'lllcnL
SECTION (id. OHS 171.74F'l is mnel1lkd to n~;ld
171.7-15_ (1) 1\ lobbyist registered with t.IH' Oregon CovernnlPnt Standards and PractiC(~s Com-
mission or required to register wit.h Ow COltlllli,..;sion shall, Ion January 31 ond July :n, u{ I'o('h
even-numbered ,veal' and on Janl/an' 31, I'p!'il :30 uwl Jld,v .'1] o{ each odd-!wmhered year] according
to the schedule described in section 5 of this 2007 Act, file with the commission a statement
showing for the appli(~able reporting- period
(a) The total amount of all moneys ('xpended fOT food, refreshments and entertainment hy
the lobbyist for the purpose of lobbying. [in the [He('edinJ.[ rrpor/inff period 1(Jr.']
I(/\) Food, reli'eshmf'nts and entertuinmenl:l
I(H) Printing, (Justap,e and telcplwne;1
I(e) /\duertisinJ-;, pubLic relations, education und research; and]
I(J)) MisceL!unf'IHIS; and]
1(6) The name o{ an.v lefIls/atiue or exc('utiue ol/iclat to l.L'h()m or Ii)!' whose benellt, on any ()ne ()('_
casion, an expenditure in excess of $21) is modc Ii!! /he purposes of lohbying, and /he date, name of
payee, purpose and amount of tho! eXf-Jendrlure_1
(b) The name of any legislative or exeeutive official to whom or for whose benefit, on any
one occasion, an expenditure is made for the purposes of lobhying, and the date, name of
payee, purpose and amount of that expenditure. This paragraph applies if the total amount
expended on the occasion by one or more p(~rsons exceeds $50.
[(2) BeJ.!inning on ,filly /, 1979, Ihe dollor amollnt specili'('d in subsection (1)(h) of this sedion shall
be (t((lus!pd anrwall'/ hy !he ("llInlllission hosed UP()!i tile ("hanffe in the Portland Consumer Price Index
for All Urb(Jn (.'onsumers Ii)!' All Item:-; no"; prepan'd hv Ihl' Bureau of Labor Statistics of the United
Stales Department o{ Lahul" or its SIJ('u'ss()r dunng thc preceding 12-month period. The anwunl' deter-
mined under this suhsection sh(/II he rounded /0 thf' !Jeun'",! dollar.]
1<~T1rnll"d ~pn;ll(' H;1l 1 (I I.r.;;H 1I1-Cl
!':!g'-' '!
1(3)] Cd:) ~Llt"ments required b)' this scction need not. inclwle amount.s expended by t.he lobhyio;t.
for persoll:!1 living ,Ind tr,lVPl expenseo; ,md oj'flcc o\'(~rlwLld, illcluchng salaries and wages pilid for
st.aff ,lnd :.;('cn'tarial assist,mee, [lnt! m[llIltl'nance (~xpcnsl'S If the amount of any expenditure 1'('-
quin'd to he included In [l statement IS not accurately known ,ll. the time t.he st.at.cIllPnt is required
t.o be flIed, an estimate of t.he expenditure shall be submit.ted in the st.atement and dctjignatpd as an
e"t.lm,lte The exact amount expended for which <l previous est.imatl' was made shall he submitted in
;1 subsequent. report. whl'n t.he inforTn,lt.]On is aval1,lIdt'.
1(4) l'v'ntu/ithstoJuling ORS 171.7:1.'J, 171.740 (lnd sllbsedwn.", (J) to (3) of this sectwn, u registered
{ohh}'I.,:t, 1L'lw engages in lobh,'ving nctivllll's u.ntlwlll (()/fljwnsotir)!l on bellOl{ of an organization is not
!'('I!l1irl'rI h; F('glster as 0. lobhyist {or the orgo.nizatlo!l us long os the lobhyinf: activt!:v does not exc('ed
tlte /inarwio{ or time limits set in OUS 171.7,']5 (1J.J
[(S)I (:n ^ stat.ement required by t.his section sh;111 include a copy of any notice provided to ;l
pubhc of)lcidl ullder Ol{;) 2,14.100 1(3)1 (2L
j(6')] (4) For each st.at.ement required by this section, an entity comprised of more than one
johb.vist may file one statement that. n'ports expenditun's by t.he cntJty and not. by individual
lobbYIsts.
SECTION 7. OKS 171.750 is amended t.o rl'ad:
----
171 7(lO. (1) Any pcrson on whose behalf a lobhyist was registl'rcd, or was required to reglo;tcr,
with the Oregon Covernment. Standards ,lnd Practices Commission at any time during the
Iprccedinf:) calendar year!.] shall file with the commic:sion, thy Jr/fwwy 31st o{ cach year] aeeording
to the schedule described in section 5 of this 2007 Ad, a stat.ement showing!,] for the IpreccdlnJ-!
cu{cndo.l' )'('arJ applicable reporting period'
(a) The to1.al amolJnt of all moneys cxpentkd for lobbying ,lctivit.ies on t.he per~on's behalf, ex-
cluding living and t.ravtd expenses incurred for a lobhyist. perf'onning lobbying services.
Irli) Thr name o{ any leJ-fislative or r'xecutu)(' ollie-inl tu fohum or !(Jr folwsc benefit, on WI)' one Of'-
cosio/l, an expenditure in exces.''- o{ $2/') fiu' lhe purpnse ollnbhyin,g i8 made by the person, but not in-
cluding information prel!lol1,~l::j! reported In compliance [j!ith UR/)' 171.745, and the date, name oj'PU}'('(',
purpose und amount oj'that expenditure.]
(b) Th,c name of any legislative or exeeutive official to whom or for whose benefit, on any
one oecasion, an expenditure is made for the purposes of lobhying by the person, and the
date, nam.e of payee, purpose and amount of that expenditure. This paragraph applies if the
total amount expended on the occasion by one or more persons exceeds $50. This paragraph
docs not apply to information reported in compliance with ORS 171.745.
(c) Th,e name of each registered lobbyist or entity eomprised of more than one lobbyist
to whom the perl;on paid moneys for lobbying activities on the person's behalf, excluding
living and travel expenses incurred for a lobbyist performing lobbying services, and the total
amount of moneys paid to that lobbyist or entity,
1(2) l/su~g Jul.}' 1, 1Y79, as the hose, the dol/cF omuunt specifi'ed in suhsection (l}(h) o{ this scc/ioll
shall he ocUlistI'd annually h,Y the commIssion based upon the change in the Portland Consumer Friel'
Index For All Urhan Consumer,", for All Items us prefJured by the Bureau of !.abur Statistics o{ the
Uniled S'taies lJepartment of IJabor, or its sw'Ccssor, during the preceding 12-nwnth period. The amount
ddermined under this subsection shall he J'(mnded t() the lIearest dollar.]
I(JJ! (2) ^ statement requin~d under subsectiun (1) of this section shall include a copy of any
not.ice provided to a public 011lcial under ORS 2.14.100 1(,'3)] (2)
SECTION 8, OH.S 171.772 is amendl'd to re~ld:
-.--
171.77'2 In carrying out t.he prOVisions of OHS 171.72.'1 t.o 171.78fl, the Oregon Government
St.amlards J.nd Practices Commission shall:
(1) Prescribe forms for registrations. statements and reports required t.o be filed by OW::; 17 !.72."'J
t.o 17L78;')[,) and provide !,such] the forms to persons required to regist.er and t.o fIle Isuchl the
stat.ement.s and reports[;I.
(2) Accept and Ille any information volunt.arily' supplied that exceeds the reqllircnH~nt.s of OJ{~
171.725 t.o 171 78S[_ (wdl.
Enrollp!! 0en:l!l' Hill ]0 (SB ]O-Cl
]J"w' !",
I'll
Make rl'gistratiol1s, statement.s and rt'ports filed available for
regular office hours, ,Hld make copying facllit.ies available at
public inspection and cop,ying
a charge not t.o exceed ,lctll,ll
dunng
cost..
(4) Adopt by rule an eledronic filing system under which statements required to he filed
under ORS 171.741) and 171.750 may be filed with the commission in an electronic format. The
commission may not charge a fee for filing a statement under this subse(~tion. The commis-
sion shall accept statements filed under ORS ]71.745 and 171.750 in a format that is not
electronic.
(5) Provide training on procedures for filing statements under subsection (4) of this scc-
tion.
((i) Make statements filed under ORS 171.745 and 171.750, including statements that arc
not filed in an electronic fonnat, available in a searchable fonnat for review by the public
using the Internet.
SECTION 8a. OJ{S ] 71 77'2. m; amended b.y
171.772 In carrying out t.h(' provisions of
Standards and PraclilTs C:ommission shan
(1) Jlrescribe forms for registTations, statements and reports requin~d to he filed by ons J71.725
to 171.7Rfi (lnd provide the forms to persons requln~d to regist.er and to file the statement.s and re-
ports_
(2) Accept and fill' any informat.ion voluntarily supplit'd that exceeds ttw rf'quirements of ORS
171.72[") to 171.7.s,c)
section 8 of this 2007 Act,
O!{S 171.72fl to 171.7RG,
is amended
the Oregon
to r('ad
(;ovcnUllcnt
<:3) Mak(' reglstrations, statements and report.s filed available' for puhlic inspection and cOPY1l1g
during regular office hours. and make copying facilit.ies available at a charge not to exceed act.llill
cost
(,1) Adopt b)' rule an electronic filing system under which statements required t.o he filed under
OH.S 171.74;") and 171.7;)0 Imay] must be flIed with the commission In an electronic format.. Thl'
commission may not charge a fet' for filing a statenwnt. under this subsection, [The mmmissio.'l shull
(Jccept slntemenh flled under (JUS /7/.74.') (lnd /7/,750 III a lormat that is not clectronic.]
(5) Provide training on procedurl's l(lr filing statl'll1ent.s under suhsectlOn (4) of this sectiun.
(6) Make stntenlents filpd under ()HS ]7174:') :md 171.7S0[, incllldinft statements that arc not filed
In an elcctnmic (orlllat,] availahle in it se<lrch;lbh~ format for review by the public using the lntertH't
SEC.TI_QN 8b. The amendments to ORS 171.772 by section Sa of this 2007 Act become op-
erative .January 1, 2010.
SECTION 9. Ol{~ 244.2~() is amended to read
244.290. (1) The Oregon Covl,rnment Standards and Practices Commission shall:
[( 1)1 (a) Prescribe forms for st.atements rl'quired hy thls chapter and provide the forms to per-
sons required to fill' the statements utHl!'r this ch:lpter or resolution adopted !pursuant thercio) un-
der this chapter.
[(2)J (b) Prepare. publish and provide a manu:d "etting forth recommended uniform methods of
reporting for use by perCions riling statements under t.his chapter or resolution adopted [pl,nwonf
thereto] under this chapter.
[(3)) (c) DcvPlop a filing, coding and cross indl'xing system consistent. wit.h t.he purposes of t}1].'-i
chapter.
[(4)1 (d) Prepan' and publish !.'illch] any reports lasl the commission IfindsJ determines are
necessary.
(c) Not later than February 1 of each odd-numbered year, report to the Legislative As-
sembly any recommended changes to provisions of ORS 171.725 to 171.785 or this chapter.
[(5)j (2) The commission shall adopt rules Ilecessary 1.0 carry out it.s duties under OW:) 171.7:2{)
to 171.7S5 and 171.992 and t.his chapter, includIng rules t.o:
(a) Create a proC(~dllre under which it.ems bdm'e t.he commission may he t.reated under a cunsent
calendar and voted on as (l single ltcm;
Enrolled Senate Bill 10 (SB ]()-Cl
I' :l1~1-' r;
(h) Excmpt a public of"ficial who is othcrwlsl' required to file a statement. pursuant to OI{S
2,H.O;)() from flling the SLiltClllCllt if Uw regubrity, number imd frequency of thc meetings and (1ct.)On~
of tlH' hody ov('r WhlCh the Pllbhc offici;l1 hilS jlln...~dictlon ;lre so few or infn'(jlwnt as not to W:lrrallt
th(' puhlic dlsclosure;
(c) Est.ablish ill1 admlllistrative process whereb.y a person subpoenaed by t.he commission Illay
obtain a protective order; [and]
(d) LIst criten<l and esUbhsh 3 process for the cornmissJ{)n t.o use prosecutori;d discfl'tioTl to
dl'cide wlwt.hl'r to proceed \-vith ;In inq\l1ry or' invest.igation!.I; and
(e) Describe the applicat.ion of provisions exempting items from the definition of "gift"
in OR.., 244.020 (5)(b) and the application of the prohibition on entertainment contained in
scetion 1 S of this 2007 Act.
un The commission shall adopt by rule an el(~etronic filing system under which state-
ments required to he filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act may
be filed, without a fce, with the commission in an electronic format. The commission shall
a{T(~pt st<Jtements filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act in a
format that is not eh~ctronic.
(4) The commission shall make statements filed under ORS 244.050 and 244.11)0 and sec-
tion 35 of this 2007 Act, including statements that arc not filed in an electronic format,
available iin a searchable format for review by the public using the Internet.
SE~7IJON 9~ OI{S 244.290, as aTTlended by section H of this 2007 Act, is amendl'd to fl',Hl'
1.H.2Wl. (I) The Orego!l (;overnment. SLmdanls and Pr<1clices Cornmissllln shall:
(a) Prescribe forms for statements required b)' this chapLlT and provide the forms to lwrsons
rcqlllred tu f"ilp t.he statpments under Uns chapter or resolutioll adopted under this ch<1pter.
(b) Prcp<lrp, puhlish and provide ,1 manila] selLing forth recommended uniform methods of reo
port.ing for m;e by persons f"Jling statement.s under this cbapLl~r or resolut.io]J adopt.ed lJndcr thIS
chapter
(c) Develop a filll1g, coding and cross-indexing ~~ystem consistent wit.h the purposes of" this
chapt('r
(d) Preparp and publish any reports t.he commi.'-ision determall's are nccessary
(c) Not btcr than February 1 of each odd-numbercd year, report to the LcgrslatJve Assemhly
any recomlllended changes to provisions of OHS 171.7'2S t.o 17].71)!> or this chapter.
(2) 'I'lw COHllllission shall ,ldopt rules necessary to carry out its duties Ilnder ems 171.72[") to
]71.7Hfi and 17].~J9~ and t.his dwpter, including rull's to:
(a) Cn~ate ;1 procl'dure under \\/hich it.ems before the commission may be treated under a cons(~nt
calendar and vot.ed on as a slIlgle it.em;
(b) ~:xempt ;l puhlic offiCIal \vho is ot.herwise required to file 3 st.at.enwnt pUrSUill1t. t.o OI{S
2'H.OfiO from f]llllg the statement if the regularit.y, number and frequency of the meetings and actions
of t.he bod.y over which the public ofl"icial h3s jurisdiction an' so few or infrequent (l~ not t.o warrant.
t.hl~ public disclosure;
(c) ES\.:lb]]coh an 3urninistralive process whereby a person subpoenaed by t.he commission may
oht.~lin a protective order;
(dl List criteria and establish a process for tlw commission to use prosecutorial discrellOn to
decide \-vhetlwr to proceed with an inquiry or invest.igation; and
(e) D(~t'cribe t.he application of provisions exernpt.mg items from the definition of "gift." In ORS
~44.0~O (:))(h) and t.he applicat.ion of t.he prohibition on ent.ert.ainment contained in sect.ion 1/:\ oj' tillS
~007 Act.
U) 1'lw commlssion shall adopt. by rule an electronic f"iling system under which statements re-
qUIred to he filed under ()RS 244.0,5U and 2-14.100 and section:if) oft.his 2U07 Act Ima.y] must be filed,
wJ\hout. a j'ce, with the commisslOn in an electronic format. [The commission shull accept statements
fl/ed under OHS' 244.0[jO nnd 214.100 and see/Ion .'-is or this 2(}(}7 Act in n ji;nnat Owt is nut
electronic I
Erlro]]('d ~('!l:I1<' B11] 10 (Sll ]0-C1
1';lg" 7
(,1) The cOlTlmic;"iOI1 shall mak(~ statements fill'd under OI{S :244.0.C)O <InrI 244.10{) ,-lnd c;eetlOn :~5
of t.hi.'-i 2007 Acti. includinj.; statemenls thu! ore no! fitI'd in II!! df'drmllc j(Jrmlll.) ;t\!,\ilable 1Il a
s(~arch(lbll' /(Jrln<ll ror review hy tlw puhlic uSIng Ihl' lnternd
SE~;TION...!)h. The amendments to ORS 244.290 by section 9a of this 2007 Act become op-
erative .January 1,2010.
~ECTION ~.~..: If House Bill 2595 becomes law, sections 9 and 9a of this 2007 Act (amending
ORS 211.2HO) and section 9b of this 2007 Ad are repealed and ORS 244.290, as amended by
section :~, chapter _, Oregon Laws 2007 (Enrolled House Bill 2595), is amended to read:
244.L90. (1) The Oregon Government Ethics Commission sh,tll:
(;1) Pr-escriIH' !()rms for statements ]"equin~d llY this chapt.er and provide the Corms to :~)(TS(}nS
n~quirl'd to hip t.hl' statem(~nts under this chapter OJ" pUL';uant to a resolut.ion ddopt.pd llnd'.'r C)RS
2.H.160
(h) lh~velop :\ filing. coding and cro%.indexlllg c;).'st.cm consistent. \vith t.he purposps of t.hic;
chapter
(c) Prep;lI'e and publish repOl'ts t.he commission f'lIlds are rll'Cl'ssary.
(d) .\Iakl' advisor)' opinions issued by thp commission or t.he executIve director of" the commis-
sion availahle to t.he puhlic at. no charge on the I ntrTl1d
(p) Acccpt. and rile any informat.JOn volunt.arily supplied t.hat. exceeds t.he requirements of this
chap!!'r
(I) \-'lake c;tatelllent.s and other mform,ltion rll(~d wit.h the comlnission available for puhlic In-
spection ;md COpYIllg during regular office hours. alld make C()P.ymg facilities available at a charge
not. to l'xct'ed ;lctu,d cost
(g) Not later than Fcbruary 1 of each odd-numbcrcd year, report to the Legislat:ive As~
semhly any recomm(~nded changes to provisions of ORS 171.725 to 171.785 or this chapter.
(2) Till' commission shall adopt rules necessary to carry ouL its dutleOi under ORS 171.72fi to
171.7H;) ;lnd 171.~)~)2 and t.his chapter, including rules to"
(a) en';lte a procedure under which items bprore t.he commission may be t.reated under a consent
cllenc\;Jr and vot.ed on as a single item;
(b) Ex('mpt. ,1 public official who is ot.henvise required t.o fill' a c;tat.emellt pursuant to OHS
:2'14'()fiO j'rom filing the statement. if the rcgubrity, number and fn~qu('ncy of the meetings and actions
of the bod.y OVl'r which the public official has Jurischction are so few or infrequent. ac; not to warrant
t.Iw Pllhlit: dJst:losure;
(c) Estahlish an administrat.ive process when~b.v a person subpocnaed by the commission may
obtaIn :J protcctive order;
(d) List critpna and establish a procesc; fl)r the commission to us.. prosecut.orial discretion to
d(~CHll' y.,'hcther t.o proceed with an inquiry or invt'stig;lt.ion;
(e) Est:ddish a procedure under which t.he commission shall conduct accuracy audits of :1 S:l1l1pl(~
oj' report.s or st;lt.elllentc; filed with the commission under lhic; chapter or ons 171.7'25 to 171 7H5;
(D Dcserihe the application of provisions exempting itcms from the definition of "gift" in
ORS 244.020 (5)(b) and the application of the prohibition on entertainment contained in sec-
tion 1 S of this 2007 Act;
[(f)] (g) Specify when <1 continuing violation is considered a single violat.ion or a separat.e and
dist.inct violation for each day the violation occurs; and
UgJ] (h) Set critpria for determining the arnOllnt of civil IWlw]ties that the commission may !In.
poc;e
(:j) The commission may adopt rules t.hat:
(a) Limit the minimum size of. or ot.herwise ec;t.;lI.>lish uit.eria for or identify, the small(~r classes
t.hat qU;llif:y under t.he class exception from t.he dp["inition of "pot.ent.ial conflict of int.erest" UJ1(iI~r
OliS 2H020,
(b) l\equire the chscJosure and reporting or gifls or other compenc;ation made to or rccPlved hy
<l pllblic ofTlclal or candidate for public office:
F,rH'"lk,1 ~'.'!l:\l" Hill 1 rl I~f~ 10.(')
P:,:.;" ,'-!,
(c) I<':stablish criteria for cases In which infornwtion n>1atmg to notIces of actll,d or potential
conflicts of int.erest shall, may not or may be pnl\'lded to the commission under O]{S '2,j,1 r:.Hl; or
(d) Allow the commission to accept the filing of' ,] stat(~Tllcnt containing le.ss th,lll ,111 of the in-
formation requlrpd under ORS 244.0GO and 21,1.070 If' Lhe pubhc of Tic wi or canthd,ltc for pllblic olTice
certifies on the statement that the information contained on the statement IHTviou.";]v riled is un-
changed or certifies only as to any changed rnaleri;J!.
(4) :--Jot. less fn>lJuently than once each call~nd:lr .l'l'ar, the commiSSIon shall.
(il) Consider <Jdopt.ion of rules the commission deems necessary to implement. or Interpret pro-
Visions of this chHpt.er relHtmg to issucs the commission dctermll1es ~lre of general injl'n~"t to public
ofhcials or candHJates for public office or that are ;lddrcssed by the commisslOJ1 or hy COIlHlllssion
stafT on a recurring basis; and
(h) Review nlles pn~viously adopted by the cOllllnissjon to determine wlwt.lwr t.he rllles have
continuing applicarllljty or vvhether the rules should 1)(' amended or repe;ded
(5) The commission shall adopt by rule an electronic filing- system under which state-
ments requin~d to be filed under OR..." 244.050 and 244.100 and section 35 of this 2007 Act may
be filed, without a fcc, with the commission in an electronic format. The commission shall
:wcept statements tiled under ORS 244.0S0 and 244.100 and section as of this 2007 Act in a
format that is not electronic.
(6) The commission shall make statements filed under ORS 244.050 ancl 2,14.100 and sec-
tion :~S of this 2007 Act, induding statements that are not filed in an electronic format,
available in a searchable format for review by the public using the Internet.
~~CTIl:.LI';/ 9d. If House Bill 2595 becomes law, OES 2,t4,290, as amended by s('("l.!on :~. chaptt'r
-, Oregon Laws 2007 (Enrolled House Bill 2595), and section 9c of t.his 2007 Act, i:; all1cndpr! 10
r{'ad.
244.290. (I) The Oregon Government Ethics Commission Sh;l11'
(a) I'rescribp forms for statements required by this chapter and provide t.he form:; t.o persons
n'quln>d t.o file the stntements under this chapter or pursuant. to a resolution adoptcd under ORS
241. J(-jO.
(b) Develop a fillllg, coding and cross-indexlTlj'; sy'stem consist.ent. with the' purpoSl'S of this
chaptpL
(c) Prepare and publish reports the commission finds <Ire necessary.
(d) Make odvisory opinions issued by the commission or the t'xecutivl' director of tJ](' commis-
sion available to the public at no charge on the lntcrnd
(e) Accept and fill' any informat.ion voluntarily supplied that eXCl~eds the n'quln>llH'nLs of this
chapter
(f) Mnke statements and other information filed with the commission availablt, for puhlic in-
sppction and copying during regular office hours, and make copying facilities availahle' at a charge
not to cxcepd actual cost.
(g) Not later than February 1 of each odd-numbered year, report to the Legis];lt.ive As:;elllhly
,lny recommenr!pd changes to provisions of OHS ]71.72F"l to 171 7K5 or t.his chapt.er.
(2) The commission shall adopt rules necessary to carry out its duties undl'r ()I~S 171.7'2;') to
171.78:> <lnd ]71.992 and this chapter, including rules t.o'
(a) Create a procedure under which items before the commission may be t.reated under a consent
calendar and voted on as a single item;
(b) Exempt a public official who is otherwise required t.o file a statenwnt pursuant to OH.S
2,H.OfiO from filing the statement if the rcgulanty, number and frequency of the HH>dings nnd wt.iolls
of tJw bod.1i ovpr whlch the puhlic official has jurisdiction are so few or infrequcnt as nol. to warrant
the public disclosure;
(c) Est.ablish an administrative process whereby a person subpoenrH'd by thc commlSSlOn may
obtain a protcctJve order:
(d) List crit.t'ria and establish a process for the commlSS10n to use prosecutorial (hscrdion to
dt'clde whether to proC(~ed with an inquiry or mvcstig:ltill!l;
Enm]lpd SPI1;lle Hill lil ISH l()-(:)
p,!g" 9
(e) Establish a procedure under which tlll' COlruTIlc;sion shall conduct. accur,IC.'r' audits Of:l satllplr>
of n~porls or stat.ements filed with the commls"ion under t.his chapter or O]{S 171 7~f) t.o 171 7.s~);
(f) l)pscribe the application of provisions exempt.ing items from the deCinition of "gift" III UH.S
~14.020 (5)(b) and the application of the prohlhit]on on ent.ertainnwnt cont;lllwd in Si'ctlOn 1H of" this
:2007 Act;
(g) Specify whcn a continuing violation is considered a single violation or a separate and dis-
t.inct. violation for cach day the violation occurs; :lnd
(h) Set criteria for dct.ermiOlng the amount oj" civil penalties that t1w commIssion m:1Y IlllpOSt'.
(3) The commission may adopt rules that
(a) Limit the minimum size of, or othenVIS(~ e...;(ahlish criteria f()r or l(lent.if~y, the sm<lllcr classes
that qualify under the cl:Jss except.ion froIll Uw dcflnltion of "potential connict of ll1t.l'resC. undn
ORS 244020:
(h) l{equire th(, rlisclosure and reporting of gd't~ or other cnmpcns:llion IIlade to or rCCl~:iVl'd by
a public offIcial or candidate for public offlc!';
(c) Establish crit.eria for cases in \vhich infOrlll<lt.ion relating t.o not.icc:; of ,lcltl<1] or potent.lal
conflicts of Interest. shall, may not or may 1H' provided to the commission under O!{S :2.1'1.1:HI; or
(d) Allow the commission to accept t.he filing of a stat.ement containing less than all of the in-
format.ion required under OI{S 214.060 and 241.{)70 if the public of1]Cla] or candidal!' fur puhllc office
cert.ifles on t.he statement. that the inform<lt.ion con(;lined on tlw statement. prevJUus]y f"jled is UIl-
changed or cert.ifll's only as t.o any changed maL(~nal
(4) Not. le:-;:; frequently than once each calendar y(~ar, t.he commissIOn shall
(a) Consirjpr adoption of rull's the commIssion deems neCt~ssary t.o illlplt'nH'nt 01- interpret pro-
visions of this chapter relating tu issues thl' commis,sjon ddermilles ar!' of general interest to Pllil1ic
officials or cal1chdilt.es for public offlce or that are <lddre::;sed by the COIlllllisSiul1 or by commission
stall' on a recurring basis; and
(b) I{eview rules previously adopted b)' the commi::;sion to dcterrnirH~ whet.hl'r the rules h;lve
continuing applicability or whether the rules should he amended or repeal cd
(5) Tlw cornrnic;sion shall adopt by rule an e]cctronic flling system lIndt'r whlch statements n~-
quircd t.o be filed under OW) ~44.0f)O and 2t14.100 and st'diol1 :3S of' t.his 20n? Actlnw)'] must Iii' filed.
without a fcc. with t.he commission in all electronic format IThe commiSSIIi/i shall accept sta/emcllts
filed Ilnder OH.'-,' 244_()!)() and 2.11.100 (Inti scctlOll 36 o{ this 2007 Act in a fiJmH1t !lwt IS no/
electronic.]
(6) The commission shall make stall~mcnt.s f"jled under OHS 2,11.0;:;0 cl11d ~1,1.1()() and s('ct.ion ;35
of t.his 2007 Ad[, including statements thut are nut filed In an electr()/ue ji!nna/, I available in a
searchable format. for review by t.he public u::;ing t.lw Int.ernet
SECTION 9c,' Jf House Rill 2595 becomes law, the amendments to ORS 244.290 by seetioll
9d of this 2007 Act become operative .January I, 2010.
CIVIL PENALTIES
SECTION 10. ons 171.992 is amended to read
171.992. (1) Any person who violates any provision of O}{S 171.740 to 171.762, or any rule
adopted jpurwant thereto) under ORS 171.725 to 171.785, shall forr(~it and pa)' to the Ceneral Fund
for each violation a civil penalty [fnr ('(leh ulolatwn] of" not mon~ than l$lJ)()()J $5,000, to 1)(' deler-
mined by t.he Oregon Government St.andards and Practices Commission
(2)(a) The commission may impose eivil penalties upon a person \vho fails to file the
statement required under ORS 171.745 or 171.750. In enforcing this suhsection, the commis-
sion is not required to follow the proeedurcs in ORS 171.77H hefore finding that a violation
of ORS 171.745 or 171.750 has occurred.
(b) Failure to file the required statement in timely fashion is prima facie evidence of a
violation of ORS 171.745 or 171.750.
Enrolled S('!la!.e Hill 10 (SB ]()-C)
P;)I:" In
(c) The commission may impose a civil penalt:\' of SIO for each of the first 14 days the
statement is late beyond the date set by law and $50 for each day thereafter. The maximum
penalty that may be imposed under this suhsection is $1),000.
[(2)1 (:3) [Thel A civ]1 pCI1alt.y [re/i"Ted 10 in S/I!JS('('/lOrJ (J) oil imposed und(~r this sectioll may
be ITcovered in an action brought Ithereonl lrl Uw n;ww of the State of Oregun ill <lll)' court of ap-
propri,-ltf' Jurisdiction or IIl<lY be impospd as provided In OW.; JH:3.74.S. In a 11':" proceedings before the
court, including judicial n'view under OW'; P:\:l.74;C"l, the court may reVlew Uw penall.v ,IS to both 11-
<lbilil.v and reasonableIH'SS of amount.
(4)(a) Except as provided in paragraph (b) of this suhsedion, the commission shall report,
in the manner described in ORS IH2.245, to the Legislative A<;sembly violations of any pro-
vision of ORS 171.740 to 171.762. or any rule adopted under ORS 171.725 to 171.785, for which
a penalty is imposed under this sedion. The report shall include the name of the person
against whom the penalty was imposed and descrihe the nature of the violation.
(b) The commission shall adopt rules specifying conditions under which rcp(~ated vio-
lations of ORS 171.745 or 171.750 involving a failure to file re()uired statements in a timely
fashion are reported to the Legislative Assemhly.
UJ) In lieu of or in conjunction with finding a violation of law or rule or imposing a civil
penalty under this section, the commission may issue a written l(~tter of reprimand, expla~
nation or education.
SECTION 11. OH.S 2,1>1.;150 lS :llncndcd to re,\li
--.---...-.
24'L3~)O. (I) The Oregon Covprnrnent SLJ!Hhrds ;md Practices Commission or the cOllrt under
O!{S ~.1-1.2GO (R) may Impose civil pl'na1tws not 10 ('xn'ed
(;1) r:xccpt as provided In paragraph (I>) of (,his ,,.;uh,wction, [$l,()OO] $5,000 for [pin/alin!;'] vio-
lation of any provision of th1s chapter or an.v fl'sollltion ,H]oplcd under this chapter
(b) $2~),OO() for violatIOn of ons 244.(H,S.
(2}(a) T<:xeept as provided in paragraph (b) of this subsection, the cOlllmi.'ision may llnpose
civil penalties not to exceed $1.000 for [violalinR) violation of any provlsion of OI{S l~l2J}(-;(). [I/mo-
(Ter,]
(b) ^ civil penalty may not be imposed under this suhsectJOn lf the viobtion occ\lrn~d as a rf'-
.'illlt or the governing body of the public body acting UpOll llw advice of the public bod.,:/s counsel.
(:-)) The commission may impose civil p(~n:l]tles n(lt to cxccL'd $2;')0 ror viobtlOn of OHS 2~n.7()R
A civil penalty imposed under this subsection is in addition to and not in lieu of a civil pen-
alty that may be imposed under suhseetion (I) of this sedion.
(4)(a) The commission may impose civil penalties upon a person who fails to file the
statement required under ORS 244J)50 or 244.100 or section 35 of this 2007 Act. In (~nforcjng
this subsN~tion, the commission is not required to follow the procedures in OUS 214.260 be-
fore finding that a violation of ORS 244.050 or 244_100 or section :15 of this 2007 Act has oc-
curred.
(b) Failure to file the required statement in timely fashion is prima facie evidence of a
violation of ORS 244.050 or 244.100 or section 35 of this 2007 Ad.
(e) The commission may impose a civil penalty of $10 for each of the first 14 days the
statement is late beyond the date set by law, or hy the (~()mmission under ORS 214.050, and
$50 for each day thereafter. The maximum ppnalty that may be imposed under this sub-
section is :$5,000.
(5) In lieu of or in (~onjunction with finding a violatjon of law or any resolution or im-
posing- a civil penalty under this section, the commission may issue a written I(~tter of
reprimand, explanation or education.
[(4)J (6} Any penalLy imposed under this sectIOn is in additlOn to and not in li{~\l of :111.\1 other
penalty or :~allctioIl that may be imposed accordll1g to law. including removal from office.
~ECT!9N)~ If House Bill 2595 becomes law, section 11 of this 2007 Act (amending ORS
214.350) is repealed and ORS 241.31)0, as amended by section 18, chapter _, Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
!':nrolbl Senalp Bill 10 (SH ](J-e)
I';l,l'l' 11
'244.:350. (1) The Oregon Covernment EthIcS COlllmissum mil}' impose civil penalt.ies not to ex-
ceed
(a) Except as provid('d in p:lr:lgraph (h) of this suhsect.ion, $.'),000 fnr viobtiol1 of ,In)' provision
of this chapter or :lIly rpsolutJOn adopted under O!{S 2,1,1.1 GO
(b) $'25,000 for violation of (}1{S 244.04S
('2)(a) Except as provided in paragr,1ph (11) of thIS subsection. the commIssion may impose civil
penaltIes not to exceed $1,000 fM vlO]atlOn oj' ,lTl.\' provi.sion of OI{S 192,660
(h) ^ civil pellalty HI:lY not be impost~d under this subsection d' the violatlOll occurred as a result
of the governing body of t.he public body act.Jog upon t.he advice of th(~ public body's counsel,
(3) The commission may impose civil penalt.ie;; not to exceed $2S0 for vlOlat.ion of OHS '29;{,708.
^ civil penalty imposer! under this subsection is ill :lddition t.o and not in lieu of a civil pena.:t.y t.hat.
may be imposed under subsection (]) of this section
(4)(a) The commission may impose civil pt:nalt.il's on ;1 person who Llils to file the statement
requin~d under ORS 2'HJ);")() or 244.100 or section 35 of this 2007 Act. In enfof'Clng thIS sub~~l'ction,
the commission is not n'quif(~d to fallen\! the pro(Tdures in ORS 2'H.~GO hdi>re finding that a vio-
lation of ORS ~44.()G() or 244.100 or section :{5 of this 2007 Act has occ\lrf(~d
(h) Failure t.o llle the required stat.ement in t1ll1l-ly fashion is prinw facH' evidence of a vlOlat.ion
of O!{S 244.050 or 244.] 00 or section 35 of this 2007 Act.
(c) Tlw commission may impose a civil pellalty o!" $10 lilr each of the fIrst 14 d,lYS the statprrwnt
IS late lwyond tlH' daLe set hy law, or b.y the COHlllllssioll Ilnder" ORS 24'U)~)O. and $;")0 for each day
thereafter. The maximum penalty that. may be imposed under this suhsectioll IS SG,()()O.
(d) ^ civil penalt.y imposed under t.his sllb,wction is in addition tu and not in lipu of sanctions
that may be imposed under OHS 24,L;{80
(5) In lieu of or in conjunction with finding a violation of law or any resolution or im-
posing a civil penalty under this section, the eommission may issue a written letter of
reprimand, explanation or education.
SECTION 12. O!{S 2'14.:{60 is amended to rp:ld
-,-------
2,101.:160. [The Oref-ton Government :"'Nu!ulanls und flraclicl's (,'ommisslOn, in addition to ciuil pen-
ollies prescrihl'd in ORS :244.3S0, mal' rl'f;uirl' any j!llh/ic o!li'ciu/ who has II'nanda/l,'" heneflted the
j!l1hlic of/lciaL or any other person hy viola/loll oj any proviSion o{ thIS chapter to j(Jrf;'i/ twice the
W1HHWt that the public IJfficial (Jr all)' other j!r'l"s(J!I r('(J!idd {rom i'ilJ/atin~ uny pnn'lsion lJ{this chap-
ter J In addition to civil penalties imposed under OilS 244.350, if a public official has financially
benefited the public official or any other person by violating any provision of this chapter,
the Oregon Government Standards and Pradices Commission may impose upon the public
official a civil penalty in an amount equal to twice the amount the public official or other
person realized as a result of the violation.
SECTION 12a. If House Bill 2595 becomes law, section 12 of this 2007 Act (:unending ORS
244.360) is repealed and ORS 244.360, as amended by section 19, chapter ~, Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
244.:360. In addition to civil penalties imposed under OHS '244.:{flO, if a public ol1lcial has finan-
cially benefited tlw public official or any ot.her persun b.y vIolatIng any prOVIsion of this chapter, the
Oregon Governmpnt Ethics Commission [or a cou,-t [ may impose upon t.he public ol1lcial a civil
penalt.y in an amount equal to twice the amount t.he public official or other perCion realized as a
result of the violation.
SECTION 13. OHS 244.0S0 is amended tll rcad:
244.0f)0. (1) On or before April 15 of each YC~lI' the following persons shall file with t.he Oregon
Government Standards and Practices Commisc;ion :l verified statement of economic int.erest as re-
quired under this chapter:
(a) The Covernor, Sl.'cretary of State, Slate Tn'asun,r, At.toftwy GerH~ral, CornrnissioncT of t.he
Bureau of Labor and Industries. Superint.endent of Public Inst.ruction, (hstrict attorneys and mem-
bers of the Legislat.ive Assembly.
1<:nrolkd Senate Hill to (SH IO.Cl
1';11:1' 12
(b) An:r' judicial officer, includlng justicf's of th(~ IW,lCC ilnd municip,ll .Iudgl'S, except municipal
judges in those cities where a majority of I)l(' voles cast 1Il the suhject Clly In the 1974 Wcnenll
election W,IS in oppositIOn to the ballot mcasurl' provided Cor in section 10, chapter flS, Oregon Laws
197,1 (speeal session), and except an.y pro t('1Il JudiCial officer who docs not otherwise serve as a
judicial ofTicpr
(c) Any candidate for an o!"flce dE'slgnated III p,lr,l~:raph (a) or (b) of this sllhscctlOn
(d) The Ih~put.y Attorney Genera]
(e) The LegislatIve Adrnll1istrator, the Lcgl.,;l:ltIVI' CounseL t.he Lcgislativc FJsccd Officcr, thc
Secretary of Uw Senate and t.he Chief Clerk of t.11(' I [ouse of Hcpn'.scntat.ivcs
m The Chancellor and VIce Chnncellors of' tlH' ()rq..;oll University Sy'slelll and thc president and
vice prcsidl!nts. or their administrat.ive cquiv;dl'1l1S. in ('<lch in.sLit.ut.ion under t.he j1lrlsdiction of t.he
State Board of Iligher Education.
(g) The following st:J(,e officers:
(A) Adjutant. GeneI'd!.
(B) Director of Agriculture.
(C) Manager of SLate Accident. Insurance Fund Curporat.wll
(D) Water l{psources Director
(E) Din'ctor of l)ppartment of EnvironlIlenLll qll,lllty
(F) Director of Oregon Department. of Admlni.c;l r,l!IV(' ~erv]('es
(C) State Fish and Wildlife Direct.or
(I [) State Forpster.
(1) St.at.e ecologist
(J) Director of Human Services.
(K) Director of the Department of" COnS\lIlH'] and P'lIsiness Scn']ces
(L) Director of t.he Depart.ment of St.ate 1.,lnds
(M) St.ate LIbrarian
(N) Administrator of Oregon Liquor Control C(llllllllSsioT\.
(0) Superintendent. of SLate Police.
(P) Director of t.he Public Employees H.din'llli'nt Systt'nl.
('1) Director of" Department or Revenue.
(l{) Director of Transportation.
(8) Public Utility Commissioner.
(T) Director of Veterans' Affairs.
(ll) Executive Direct.or of Oregon COVernl1H'nt SLllHLmls ilnd Practices Commission.
(V) Director of the State Depart.ment of Encrgy
(W) Director and each assistant director of 1.111.' On'gon St.atl' Lottery
(h) Any assistant in the Governor's office oLlH'r thatl pl'fson,d secretanes and clerical personneL
(i) Every elected eity or county official {,x{,l'pl el(,tted officials in t.hosp cit.ies or counties where
a majority of vot.es cast in the subject city or cOllnty III ,lily election on the isslle of filing statements
of economic interest under this chapter \Vil.S ill oppo.sitJoll
(j) Every member of a city or county plannIng, zoning or development commission except such
members in those cities or counties where a Tllil.IMI!y or votes cast in the subject city or county at.
nny elect.ion on the issue of filing statements of' CCOTlOtnic Interest. under thi" chapter was in oppo-
sition to tlw ballot measure provided J"or in section ro. chaptf'r 68, Oregon Laws 1971 (special ses-
sion).
(k) The chief executive officer of (l city or collnty \vho ~)(>r!t)rms the duties of manager or prin-
cipal administrator of the city or county cxcepl such employees in those cities or counties where
a majority of votes cast in the subject city' or count\' In an (dection on the issue of filing statement.s
of economic interest under this chapter was in OPIHhltlon
(I.) r-.1embcrs oj" local government. boundary c()mmiS~iions fonned under OHS ]99,410 to 199.519.
(m) Every member of a governing body of' (l met ["tipolilaIl s('rvice district. and the executive of-
ficer tlwreor.
~:nroI1{'d Spl1"lt' Hill 10 ISH 10-(:)
POll:" l:l
(n) Each member of UH' board of direct.ors of' UH' Stall' Accident. Im:urallce Fund Corporation.
(0) The chief adminIstrative officer alld t.he fll1;II1Cl,li nlheer of each common ,1IHl union nigh
school district., education servicl' dist.rict and communIty collPgc dist.rict
(p) Every member of the 1()llowing st(lt.e boards and commissions:
(A) Board of GeologIc and Mineral Industrici'
(B) Oregon EconomIc and Community Devl']opml'lll Comllllssion.
(C) State Board or Education
(D) Environmental Quality Comnllssinn
(E) Fish and Wildlife Commission of till' Stall' of Orp;!ol1
(1<') Stat.e Board of Forest.ry
(G) Oregon Government Standards and Practicl'C' COlllmission
(II) Oregon Health Policy Commission.
(I) State Hoard of Higher Education
(,J) Oregon Investment Council.
(K) Land Conservat.ion and Development COnlmlC'sIOI1.
(L) Oregon Liquor Control ComrrlJssion.
(M) Oregon Short Term Fund Board
(N) State Marilll' Board.
(0) Mass transit district boards_
(p) Energy Facilit.y Siting Council.
(Q) Doard of Commissioners of the Port of Portland
(H.) Employment J{elations Board
(8) Public Employees J{etJremcnt Board.
(1') Oregon Racing Commission
(U) On~gon Transportation Commission.
(V) Wage and Jlour Commission.
(W) Water Resources Commission
(X) Workers' Compensation Baal'll.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Nort.hwest. Electric Power alld COt1'il'r\',ltlOll PLllming Council.
(BB) Columbia River Gorge CommlsslOll
(Ce) Oregon Health and 'sciellce 17niverslty Il();lrd uf Dln'ctors.
(q) The following offlcers of the State Treasury
(A) Chi(~f Deputy State Treasurer.
(B) Execut.ive A.ssistant to the Stutl' Tn',lsu!"er.
(C) Director of the Investment Division
(r) Every member of the board of commissionl'I>' or :1 port governed by OKS 777.005 to 777.7'2[)
and 777.915 to 777.95:3-
(2) By April 15 next aner the date an <lppoilltnll'nt t.akes tdfecl, every appoint.ed public official
on a board or commission listed in subsection (1) of tlus section shall file with the Oregon Gov-
ernment Standards and Practices CommisslOn ,I statement of economic interest as required under
ORS 244060, 244.070 and 211.090.
(:{) By April 15 next after the filIng dead]irll' f'or t]ll' primar.y election, each candidate for
leLecliue I public onin~ described in subsectIOn (I) of" this section shall file with the commlSSJOI1 a
statement of economic interest as required under lHtS L.H.060, L14.070 and 214.090.
(4) Witnin 30 days after the filing d('adliIH~ for the geIJPr31 election, each candidate for
leiectiveJ public office described in subsect.ion (I) of this section who was not a candidate in the
preceding primary election, or who was nominated ror Idcctiue) puhlic office described in subsection
(t) of this section at the preceding prinwry election hy' write-in votes, shall file with the commiSSIOn
() statement of eco!lomic interest as required under (mS ~'14.0()O, L!J/U170 and L!J,1.090.
f<:nrul!(-'d S~~!!:!t" Bil] !O (SH !U-C)
!-';,;::;e !4
[OJ) The Lcglslalit,t' Assemhly shull nIOIn/u!n (J ('()n/!nlllng review of the operation of this
chnpter J
[((l)j (5) Subspctions (1) lo [(5JJ (1) of t.hi" ,'iCCLlOn ,1Pply only lo persons who <1ft' incumbent.,
p]eded or ,'lppoinlpd officials as of Apnl IS (lnd tu pcr.'iOIlS who arc candidates for of nee un April
15. Those lscdiolls) subsections abo appl.v to pn:-;O!1S "..-flU do not become canrhdatcs until 30 da,ys
:lflr:r t.he filing deadlIne for the statewide gellera] elect.lOn
[(7)(a)) (6) IFai/ure to file the statement rI'r/liiTn! hi' tillS section s/ll~jecls a person to a ciuil penalty
that may lw Ullf)()scd os specified in OUS' 183.741;, hilt Ihe cnfiJrl.'cment of this suhsection dnes not re-
(I/lire thc Ore.!-:o/i (;of}errunent Standani.,-; and huc!u'{'.,-; Commission to fc)llow the procedures in ORS
244.2(i() helill"(' finding that a uw{olion oj" this see/IIII! has (I('('IiITed.l
[rh; F(U//ln~ to fl/e the re(jl1lred slatement In tUlle!v /osJuon shall he prima FaCIe evulencc of (J uio-
lat/on of this scelioll. [
l(c) IF witJun fiuc days afia the dote on U-JUcfl /lte sto/ement is to he Filed under tiltS sec/iOll the
statement has not hecn received hy the cUlIllnissiu/!.1 If a statement required to be filed under this
section has not b(~en received by the commission within five days after the date the state-
ment is due, the comrni~sion shall notify the puhlic olTici;d or candidate and givp t.he public official
or candidate not less than IS days to comply with till' requin:ments of this section. If the public
ortlcial or ('andidate fails to comply h.v the (bte "ct h,\" the commission, the commission may impose
a CiVll penalty loF S5 li)!- each dOJ' the statement i,~' {ole heyund the dote Fixed hy the commission. The
rnrLrimul/7 f),'no/ly thol nw,'.' he accrued u/u!er Ihis .'-,'('dw.'! 1,'-; $l,()()()! as provided in ORS 244.350
I(d) A cll'ilf)(>l/al(y imposed under thi,,-; slihse('/io!i IS In adllilion to and not in lieli oj'sanctions that
lfW)' he imposed under OUS 244.380. J
SECTION 14. OHS ~fjO.407 is amel1(h'd lo n';ll.!
--...,.-
2G(J.:107 (I) Except as provided in sub,'icction U) of this section, amounts n~ceived as cont.rib-
utions by <l cclnrlIdate or t.he principal campaign cOlllmittee of a candidate for public office that are
in excpss of any amount necessary to defray campaign expenditures and any ot.her funds donated to
a holder of public office may be:
(a) Used to defray any expenses incurred in connl'clion with the recipient.'s duties as a holder
of publIc office;
(b) Transli:rred to any national, sLlte or local Jlol1t.lcal committee of any polit.ical p3rt.y;
(r:) Contributed to any organizat.ion dcscrilwd in spr!.ion 17()(c) of Title 2fl of the Unit.ed States
Codl' or to any chantahle corporation dd'ined in O!{S UH.f:i~(); or
(ell Used for any other lawful purpos('_
(2) Notwit,hst3[Hling subsection (1) of this sectioll, ;llllollnts received as contribut.ions by a can-
didalr: for public of1'icc that. arc ill exccs;; or any ,-llll()Ullt. IH'cpssary to defray campaign expenditures
and ot.her funds donated to a holder of public office [shull[ may not. he:
(a) COllverted by any person t.o any personal use other t.han lo defray any expensps incurred in
connection with t.he I-H'rson's dulies as ,1 holder 1)1' public office or to repay to a candid<:ite any loan
the proceeds of which were used in conncctlOll with the candidnte's campaign;
(b) Except as provided in this paragraph, used to pay any money award as defined in ORS
18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed
by an agency as defined in ORS 18:3.:HO or by a local government as defined in ORS 174.116.
Contributions described in this subseetion may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;
or
(c) Exct~pt .as provided in this paragraph, used to pay any legal expenses incurred by the
candidate or public official in any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of the duties of the person as a candidate
or public official. Contributions described in this subsection may be used to pay legal ex-
penses incurred by the candidate or public official in connection with a legal proceeding
brought under this chapter, other than a proceeding brought under this section or ORB
260.409.
Enr ~!ld ~('n;:l;,' Bill 10 (,'-;H JO-C)
!',Ig, l;;
(:3) As used in this S(~ctlOn
(a) "Funds don;\ted" 111(>IIIIS a11 f'unds, including but not. limit.ed to gifts, loan"" advancps, cn'(llts
or deposits of rnorwy that an' don,ltcr! for Uw purpost' oj' supporting the activities of a holder of
public off'ice. "Funds donated" does not. nW,\I1 fund..., appropriat{.r1 by the Legislative As",embly or
anotlH'r simllar public appropnilting body or !H'rsol1,d funds uf the of1'jce holder dooated t.o an ac-
count conta1l1Jng onl.y those persoHal funds
(b) "Public orf1ce" docs not include national or political party oU'ice
SUIJSE(1UENT EMPLOYMENT
SECTION 15. OH.S 2<14.04,~ IS ,HTH'ndl.d t.o read:
--------.
2<1f\().1:1. (I) A person who has been ::l Puhlic lJtdit.y Commissioner, the Director or t.he Depart-
ment of Consumer and Business Servin's. the Admimst.rator of the Division of Finance and Corpo-
rate Securities, the Administ.rat.or or the Insurance IhVlslOn, the Administrator of the On'gon Liquor
Control Commission or the Din'ctor of till' Oregon State Lottery shall not.:
([I) Within OfW year afler the public ofl'icied ceelses to hold the position become an l'mployee of
or receJve J.ny flnancial gain. other than rCllnhurst'ment or expenses. from any privat.e en1ployer
engaged in Uw actlvit.y, occupat.ion or indu:-;try over which the former public official had authorit.y;
oc
(b) Wlt.hin two year.." after the pubhc off'jci,d t"(~<lses to hold
(A) Be a lobbyist for or appear ClS a represent<ltive hl'fore
exercised aut.hority as a public off'jcial,
(H) Influence or try to mfhH'ncl' the artions of the agency; or
(C) Disclosl' any confidl'ntial information gained as a public official.
(2) ^ person who has been a Deputy AttOrIH'.V (;1~rH'ral or an assistant attorney general shall
nOl, wit.hin L\vo years aft.er t.he person ceases to hold the positioll, lobby or appear before an agency
that the person represented \vhilc employed by 11-w Depart.ment of ,Justice
(:3) A person who has been t.he Stiltc Tn'ilsunT or tilt' Chit'f Deput.y State Tn~asun'r ",hall not.,
within one year after ceasing to hold ofFice:
(a) ^cC(~pt employnH'nt frorn or !)(' rdaitH'd by any private entity with whom the ofT'jcc of the
State Treasurer or the Oregon InvestnH'tlt Council negot.iated or to whom either awarded a cont.ract.
providing for pa)'nwnt by the state of at least S~~I,O()() in any single year during the tl'rnl uf off'ice
of the t.reasurer;
(b) Accppt I'mpl()ym{~nt from or be rf'tainer! by :lny pnvate entity with whom t.he off'ice of the
State Treasurer or the Oregon lnvest.ment Coullcll pbcpd at Ie;:lst. $:')0,000 of investment moneys in
any single year during the term of of1'ice of the tre,lsurer; or
(c) Be a lobbyist for an investnwnt. inst.itution, manager or
fic(~ or t.lw State Treasurer or Oregon lnvest.nwnt ('ounCll as a
stitution, manager or consultant.
(4) ^ public off'iclill \vho as part of the offiCIal's dutil'S invested public funds shall Hot wit.nin t.wo
years after the public official ceases to hold the ]JOsltion"
(a) Be a lobbyist or appear as a representative before t.he agency, hoard or commission for which
the former public of1'icial invested public limds;
(bl Inf1llence or t.ry t.o innlJ(~nce thl' agency, board or commission; or
(c) Disclose any conf'idential information gaint'lf as a public off'icial.
(5)(a) A person who has been a rnf'mbcr of the Department. of State Police, who has held a po-
sition wit.h the depart.ment wit.h the responsitlllity ["or supervising, directing or administering pro-
grams relating t.o gaming by a Native American trilw or t.he Orpgon State Lottery and who has been
designated by the Superintendent of St3te Police by rlllp shall not, within one year after the member
of nw DepartHwnt. of State Police Ce3Sf'S to hold t.rw position:
(A) Accept employment from or be retained b.Y' or receiv(~ any financial gain related to gaming
from the Oregon :-;Llte Lottery or any Nativp Anwric;1I1 trihp;
the posit.ion:
(,he agency
over which the person
consultant, or appear before the
[-epresentative of an investment
of-
In-
f<:nrolll'd Sf'mltp Hill 111 ISH lI1-C\
P'!gl'll;
(E) AC(TPl employmcnt from or Ill' rd,uned by" Of" n~('civc any finanClal gain from ,Hl)' pnvatc
cmployer ;.;pl1ing or offerJ/lg t.o ;.;cll gaming products (lr ;.;erviccs;
(C) Inf111PW'e or try to Influence the ,lctions of thl' l)epartnlPnt or State Po!Jcc; (II.
(I)) Disclose any ('(ll1fid(~lltJ:ll inform;ltion g:lJJlPd as u member of the Dcpnrtmcnt of State !-'ollce,
(bl This subsection doc" not apply t.o:
U\l Appointment or employment of a peL-;{)n :IS <in Oregon State Lottery Commissioner or as a
Trihal Caming Commissioner or regul,l!or,y agent then'of:
(Bl Contracting with the Oregon State LoUery a" a lottery ganw retailer;
(C) Fmancud g:lin rTlTived from personal gaming ,I clivi ties conduct.ed as (l pnv,d,(' cit.izen; or
(])) Subsequent l'mp]oyment in any capacity by the Department of State PoliCl'
(c) As used in t.his subsection, "N,ltivc Amerlc<ln tribe" means any recognized N;ltivc American
tribe or band of tribes ,luthorizcd by the lndian (;aming J{egulatory Act of October 17 19R,s (Public
Law IOO~,197), 2.") U.S.C 2/01 pt sell.. to conduct gambling operations on tribal Lind
(6) A person who has been a member of the Legislative Assembly may not receive money
or any other consideration for lobbying as defined in OR..\') 171.725 performed during the pe~
riod beginning on the date the person ceases to be a memlwr of the Legislative Assembly and
ending on the date of adjournment sine die of the next regular session of the Legislative
Assembly that begins after the date the person ceases to he a member of the Legislative
Assembly.
~l<:~;TIO~ 15.a. Section 15b of this 2007 Act is added to and made a part of OltS chapter
244.
SECTI~()N I:,?~ (1) For purpost~s of ORS 244.045 (6), if a special session of the Legislative
A...;sembly is held in calendar year 200S or 2010, the first special session held in that calendar
year is considered a regular session of the Legislative Assembly.
(2) This section is repealed ,January 1, 2011.
GIFTSIFINANCIAL GAIN
SECTION 16. OUS '2,H.0'20 is anH'llded to rl'ad:
- --
2<1<1.020. As used in this dnpter, unless the context requires otherwise:
(I 1 "Actual conflict of interest" Illeans any act.ion or any decision 01' nTomrnend:ltJOn by a per-
son act.ing in a capacity as :l public official, t.he effect of which would lw t.o the private pecuniary
benefit or detriment of the person or t.he person's rebtive or any business with which the person
or a relatIve of the person is associated unless the pecuniary bent'flt or detnment arises out of
circumstance.,; described in subsectlOn I( ].l)J (I1) of this section.
(2) "Business" means any corporation. p:lrtncr:-;hip, proprietorship. firm, ent('rp]"is.~. franchise.
associDtion, organizatIOn, ,'ielf-employed individual and any other' legal entit.y operated for economic
gain but excluding an.y income-producing not-for.profit corporation that is tax exempt under sectwn
fi01(c) of tile lnt.ern,ll l{evenue Co{h~ with which a public official or a relutive of th.' public offlcial
lS associated onl)' as a member or board director or in a nonremunerative capacity.
(:~) "Eu~:iiIleSS with which the person 1S ac;sociatt'd" means:
(a) AllY pnvate business or close]y held corporation of which the person or the person's relative
1S a director, officer, owner or employee, or agent or any private business or closely held corpo-
r;ltion in \,';":lich t.he IH~rson or the penon's reLltivl' m\lns or has owned stock, another form of equity
interest, stock opt.ions or debt inst.ruments worth $1 ,QOO or more at an)' point in t.he preceding cal-
endar year;
(h) An} publicly held corporat.ion 111 which the person or t.he person's rel:ltive owns or has
owned $lO(],OnO or more In stock or another form of equity interest, stock options or debt instru-
ments :It ~Hly point in the preceding c~J!end:n year;
(c) Any publicly held corporation or which the person or the person's rel:Jtive is a director or
officer: or
Enrolled 'sl'II;,\.(> Bill ](J (.'-;ll 10-(:1
f';l!-;I' 17
(d) For public oflicwJs rC4uired to filf' a statCllH'nt of economic int(~rcc;t under OHS 2/!t1.(L"jO. any
bllsinec;s [from whIch SO percent fir more of the lolu! n/lllUO! Income of the person ({nd memhers of the
person's household is dcriL'i.'d durinp the current ("n!I'ndur _vcur] listed as a source of inccnne as
required under ORS 244.060 (:n
[(4) "Commissiun" m('(uL'; the Orcf!oll (;uuern!lU'lil Standards und Pructices Commis;:;wn.1
1(5)] (4) "Development commission" means allY (.ntity which has the authority to purchase, de-
velop, improve or ]p;lse land or the authority to operate or din'ct. the use or land_ This authority
must b(' mort' than minis\(.rial.
1(6) "Expenditur(''' has the rneunlllf--[ pIt-I'll Ihat term in ORS' 260.00S.]
[(7)] (5)(a) "Cit"t" llH'ans sOlllethmg of" economic v;lluc given to a public official or [the puh!ic
official's [ a H'latlve or memher of tht~ hous(~hold of the public official:
(A) \-'hthout valuahle cOllslderatlOn of" (>(Jll1vall'nt value, including the full or partial forglvPIlt'c;s
or imh'btedness, which is not extended to otlwr;; \\..ho art~ noL public orficials or the relat.ivec; or
members of the household or public ofllcl;llc; on t.hl' S,.lme terms and conditions; or [and somelhlnp
or economic vulw' giue!1 to ([ Pllhlic off/c'w! or the Pllh!II' of/lciat's rclatiuc]
(B) For valuable conc;idpr<lt.ion less than that rl'qllired from others who are not public offjciab
[I/owev('r, "gift" doc.'. not mean__]
(b) "Gift" does not mean:
[(a) Campai;.;n ("(Jntrihllti()n.~, as dcscrihed In ()/{i',' chapter 260_1
(A) Contributions as defined in ORS 2f-;O.l)();).
[(b)) (R) (;ifts from Ifinnif.v memfh'rsl relativt~s or members of the household of the public
offieial.
(C) An unsolj(;ited token or award of appreciation in the form of a plaque, trophy, desk
item, wall memento or similar item, with a resale value reasonably expected to be less than
$25.
(D) Informational material, publieations or subscriptions related to the re(;ipient's per.
formance of official uuties.
(E) Admission provided to or the cost of food or beverage consum(~d by a public official,
or a member of the household or staff of the public official when accompanying the public
official, at a re(~eption, meal or meeting held by an organization before whom th(~ puhlic of-
ficial appears to speak or to answer tlUestions as part of a scheduled program.
(F) Reasonable expenses paid by any unit of the federal government, a state or local
government, a Native American Tribe that is recognized hy federal law or formally ac-
knowledged by a state, a membership organization to which a public body as defined in ons
174.109 pays membership dues or a not-for-profit corporation that is tax exempt under se(;-
tion 501(c)(3) of the Internal Revenue Code and that receives less than five percent of its
funding from for-profit organizations or entities, for attendance at a convention, fact-finding
mission or trip, or other meeting jf the public official is scheduled to deliver a speech, make
a presentation, participate on a panel or represent state government as defined in ORS
174.111, a local govemment as defined in ORS 174.116 or a special govemment body a defined
in ORS 174.117.
(G) Contributions made to a legal expense trust fund established under section 31 of this
2007 Act for the benefit of the public official.
(H) Reasonable food, travel or lodging expenses provided to a public official, a relative
of the public official accompanying the public official, a member of the household of the
publi(~ official accompanying the public official or a staff member of the public offi(:ial ac-
companying the public official, when the public official is representing state government as
defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government
body as defined in ORS 174.117:
(i) On an offieially sanctioned trade-promotion or fact-finding mission; or
(ii) In officially desig"1lated negotiations, or economic development activities, where re-
ceipt of the expenses is approved in advance.
Enrolled ;)el1a\'(' Bill 10 (SB H)-C)
I'a.l'(' lH
(I) Food or beverage consumed by a public offieial acting in an official capacity:
(i) In association with the review, approval, execution of documents or closing of a bor-
rowing, investment or other financial transaction, including any business agreement between
state government as defined in ORS 174.]11, a local government as defined in ORB 174.116
or a spf'cial government body as defined in ORS 174.117 and a private entity or public body
as defined in ORS 174.109;
(ii) While engaged in due diligence research or presentations by tht~ office of the State
Treasurer related to an existing or proposed investment or borrowing; or
(iii) While engaged in a meeting of an advisory, governance or policy-making body of a
corporation, partnership or other entity in which the office of the State Treasurer has in-
vested nloneys
("J) Waiver or discount of registration expenses or materials provided to a public official
at a continuing education event that the public official may attend to satisfy a professional
licensing requirement.
(K) Expenses provided by one public offi(~ial to another public official for travcl inside this
state to or from an event that bears a relationship to the receiving public official's office and
at which the official participates in an official capacity.
(I.) Food or beverage consumed by a public official at a reception where the food or
beverage is provided as an incidental part of the reception and no cost is pl,aced on the food
or beverage.
(M) Entertainment provided to a puhlic offi(~ial or a relative or member of the household
of the publlic official that is incidental to the main purpose of another event.
(N) Entertainment provided to a public official or a relative or member of the household
of the public official where the puhlic official is acting in an official capacity while repres-
enting stat.e government as defined in ORS 171.111, a local government as defined in ORS
174.1 Hi or .a !jpecial government body as defined in ORS 174.117 for a ceremonial purpose.
I(e) 'l'h!' ;.;n'lng or receiving of food, lodging and {roue! IL'hen participating in an event which hcars
a relationship to the puhlic oflicwl's olllcr' and wheli appeannp, in an official capuclly, suhject to the
reportillf-{ n'(/uirement of ous 244.060 ((-jJ.1
I(d) The f-{iving or recciuinp, of {i)(lli or beverage i/llre j()(Id or heverage is consumed hy the Pllhlic
official or the puhlic ufflcial's relatives ill the presence o/the purchaser ur provider thereof J
I(e) Thc gLL'inf-{ or r('eeivinM of entertainment iF the entertainment IS experienced hy the puhlic ofli-
cial or the puhlic officiors relatives in the presencc of the purchaser or provider thercoF and Ihc value
oflhe cnter/(unmcnt does not exceed $fO() per person on a single occasion alld is not grcala thun $2S0
III anyone calendar year]
1(8)] ((l) ["lIonoraria'.] "Honorarium" means a pu.yment or something of economIc value giv(~n
to a public o/Ticlal in exchange for services upon which custom or propriety prevents the setting
of a price. Services include, but are not limIted t.o, speeches or other service!j rendered in connccLwn
with an event lat which the public officiol appmrs in an officiol mpacityJ.
[(9)] (7) "Income" means income of any nat.ure d,~rjved from any source, including, but not lilll-
lted t.o, ,illY salary, wage, advance, payment, dividend, interest, rent, [honoraria] honorarium, rdurn
of capital, forgivclH'ss of indebtedness, or anything of economic value.
[(JO)] (8) "Legislat.ive or administ.rative interest"" means an economic interest., distinct from t.hat
of the general public, in one or more bills, resolutions, regulations, proposals or other matters sub-
Ject. to the action or vote of a person acling in the capacity' of a public official
!( 1 /j "Legislotitlc olllcial" means any member or !nemhl'l"-elecf of Ihe JA~gislative Assemhl.'v, any
member 0/ an a!:ency, board or ('ommiu('(' that is part of the legislative branch and any staff" person,
assistant or employee thereo{]
[(J 2) "Mrmher 0/ household" means WI)' rc!aliuc II'/W re,~idl!s with the public official.]
(H) "Member of the household" means any person who resides with the public official.
l(f,'JjJ (10) "Planning commission" means a count.}' planning commission created under OH,<"';
chapter ~1.s or a city' planning commission cn'<lted und('r OW::; chapter 227.
Enrolled Spn,Le Bill ]() (SB 10-(:)
\';1 !~" I!)
[( 14)1 (I1) "Pot.pnti,ll conflict of intt'rpsC. mL'~lnS any action or o.ny decision or recomrlH~ndalioll
by a person acting in a capacity as a public official. the effect of whIch could be to tbe pnv<ll.e
pecuniary bt']wfit 0[" detriment of the Iwn;O!1 Of" the person's relative, or a business with whicll t.he
person or the person's ["clal1V(~ is asso(,l;lt,l'd, unless the pecuniary lwnefit. or det.riment arises Ollt
of t.he following
(a) An inU~r('sl or membership In a partJcllhlr business, industry, occupat.ion or other class re-
quired by law as ;1 prerequisilp to the 'holding by the person of the office or position,
(b) Any actIOn in the person's offlci;d C<lp<lClty \vhich would affect to t.he same degree (l cbss
consisting of" all inhabit.ants of tJlf' stat(., or (l sm:dlcr class consisting of an industry, occupatlOll or
other group including one of which or ill which the person, or the person's relative or busirH'ss WIth
\vhich the person or t}lP person'" relative 1:-'. nssucl<lted, is a member or is engaged. The Oregon
Government Standards and Practices COlnllllssioll may by rule limit tnI..' minimum size of or oth-
en-vise pstahlish criteria for or idl'ntif.y the smaller classes that quality umh'r this l'xception_
(c) Membership in or memberstu]l OIl the board of directors or a nonprofit corporation that is
tax-exempt under sectlOn fiOl(c) of the Internal Hevcnw' Code_
(12) "Public office" has the meaning given that term in ORS 260.005.
1(1.'1)1 (l:-l) "Public official" means any pnson who, when an ,tllcgcd vJO!ation of this clwptt'r
occurs, is sl'rvrng the State of Oregon or any of its political subdivisions or allY other public body
lof the slale) as defined in OR...'" 174.109 as an lofficf'r] eleded official, appointed official, employpt'.
agent or ot.henvis(~, land] irrespeclive of whether the person is compensated for [slIchl the servict,s
I(]h")! (14) "!{elative" means: lthe sp(lu.~e of the puhlic official, any children of" the puhlic olliclal
or 0/ the public oil/cia!'.'; spouse, and hrothers, sisters or parents of" the public olli.cial or 0/ Ihl' puhlic
official's SpOilSI', J
(a) The spouse of the puhlic ()ffi(~ial;
(b) The domestic partner of the puhlie official;
(c) Any children of the public official or of the public official's spouse;
(d) Siblings, spouses of siblings or parents of the publi(~ official or of the puhlic official's
spouse;
(e) Any individual for whom the public official has a l{~gal support ohligation; or
(0 Any individual for whom the puhlie official provides benefits arising from the public
official's public employment or from whom the public official receives benefits arising from
that individual's employment.
1(17)] (5) "Stat.ement of economic int.erest" means a stat.ement as described by ORS 244.060 to
244.080 or 244.100.
1(18) "Stalewitll' officiaL" means thp ,""('cretar.}" of" ,','Iate or Seeretary o( Stale-elect, Slate Treasurer
or Stote Treasurer-elect, ,~'lIpenntendent o( flubhc Instruction or Superintendent-elect 0/ Public In-
structwn, Attorne,}" Of!!lerul or AI/orne}' (;enemL-elect and the Comrmssioner o/Ihe Hllreall oj'l,ahor
and Industries or thf! Commissioner-elect 0/ thl' Hurl'au of" Labor and Industril's_1
1(9)] (6) "Zoning commisslOn'- means an cntit.y to which is delegated at least some of the dis-
cretionary authority of a plannlOg commission or governing body relating to zoning and land USl'
matters.
SECTION 16a. If House Bill 2595 becomes law, section 16 of this 2007 Act (amending OKS
244.020) is repealed and ORS 244.020, as amended by section 8, chapter _. Oregon Laws 2()()7
(Enrolled House Hill 2595), is amended to read:
244.020. As used in this chapter, unless t.he cont.ext requires otherwis(~:
(1) "Actual conflict of interest" means [lny [lctioll or any decision or recommendation by a per-
son acting in a capacity as a public ofTicial, the efrect. of which would be to the private pecuniary
benefit or detnment of the person or the person's relative or any business with which the lH~rson
or a relative or the person is ;1ssocwt.ed unless t}w pecuniary benefit or detriment arise~: out or
circumstances descnbed in subsection It 11i] (I1) of this section.
(2) "Busin{~ss" means any corponltion, partnership, proprietorship, firm, enterprise, f"Lll1chisl'.
association, organization, self-employed mdivlC!twl and any other legal entity operated for economic
Enrolled Sf'n;l\(' Hill 10 (SB lO-C)
I'a,l't' ~O
g,lill but cxduclJng any lnconw-producing not-for-profit corporation t.hat is tax eXl>mpt under scctlOtl
f}Ol(c) of thp Int.ernal Revenue Codc \vlth which a puhlic oflici,}] or a !"cbtivc of Uw public official
10; assocl<ltt~d only as :l member or board director o!" in a nonremuneratlvc capacit,r'
(:.)) "Buslnpss with which the perSOll is assoClat.l,d" means:
(a) Any priv<ltr> business or c1osel,v held corporiltioll of \vhich thc person or the person's re]at,ivl'
IS a direct:!r, officer, owner or cmploYt'c, or agent or <Jny private business or closely held corpo-
ratlOn ll1 whH:h t.he person or the perso]}'s relaLlvc owns or has owned stock. another form of equity
inLcf(~st, stock options or debt instrumcnts worth $1 ,()()O or more at an)' point in t.he prccc(lJng ca]-
(,llebr year:
(b) An:v puhlicly held corporation In v..'hich the perSOIl
owned $!OO.OOO or more in stock or another forlll of equit.y
menU; at any point in the preceding calendar ye~lr;
(e) Any publicly held corporation of wtllch lhl' person or the person's relat1ve is <J (hrector or
offIcer; or
(dl For puhlic officials H>qllired to fIle a ,c;t.ateltlcnt. of economic interest under O!{S ~44.();)(), allY
bU...,iness l/mnl u,hich SO percellt or more of the totul (Innuul income 0/ the person (fnd memhers (If the
jwrso!l's fWlIselwld is deriucd during the CIUTcn! calendar ,yenrl listed as 3 source of income as
rC(Juired under ORS 244.0flO (3).
1(.1) "Cum mission" means the Oregon (;o[)ernmc/l1 1-;lhics ('om mission J
[(S)] (4) "Development commission" means any entity wh)(:h has the ~luthority to purchase, de-
velop. improvl' or lease land or the ,luthorit.y to operate or direct the llse ur land. TIllS authority
must be more than ministerial.
j((-j) "F:tpcnditllrc" has the meaning given that term in OUS 26'0.005.]
1(7)1 (5)(a) "C;ifl" means something of economl(: value given to a public offIcial or Ilhe puhlic
ofliciu!'s] a relatIve or member of the household of the public offieial:
(A) V/ilhout valuable consideration of equivalent value, including the full or part.ial forgiveness
of indcb!.pdness, which is not extended to others who arc not public ojlici;ds or the relativps or
members of the household of public offIcials on the samp terms and condit.ions; or lunrl som('thin~
of ('cO/llJm/(' valul' ~iv('n to a public o/fi'cial or the puhlic ofFicial's relative]
(B) For valuahle consideration less t.han that required from others who are not public (jffjcJals
[1/oU)evcr, "gifi" docs not !rIcan:)
(h) "(;ift" docs not mean:
I(a) (:amp(I/gn contributions, as described III OUS chapter 2(-jO.j
(A) Contributions as defined in ORS 260.005.
[(hn (B) ClIls from [/rundy members.] relatives or members of the household of the public
official.
(C) An unsoJieited token or 3ward of appreciation in the form of a plaque, trophy, desk
item, wall memento or similar item, with a resale value reasonably expected to he less than
$25.
(D) Informational material, publications or subscriptions related to th{~ recipient's per-
formance of official duties.
(E) Admission provided to or the cost of food or beverage consumed by a public official,
or a member of the household or staff of the public official when accompanying the public
official, at a reception, meal or meding held by an org-anization before whom the public of-
ficial appears to speak or to answer (Juestions as part of a scheduled program.
(F) Reasonable expenses paid by any unit of the federal government, a stOlte or local
government, a Native American Tribe that is recognized by federal law or fonnally ac.
knowledged by a state, a membership organization to which a public body as defined in OltS
171.109 pays membership dues or a not-for-profit eorporation that is tax exempt under sec-
tion 501(c)(:l) of the Internal Revenue Code and that receives less than five percent of its
funding from for-profit organizations or entities, for attendance at a convention, faet-finding
mission or trip, or other meeting if the public offieial is scheduled to deliver a speech, m3ke
Ol' tlw person's relatiVE> owns
intpresL, ::;!.ock options or ddll
or has
inst.ru-
li"mlll'd Sf''';!!'' Hill In ISH 1Il_C)
P'I)'f' '21
a presentation, participate on a panel or represent state government as defined in OH.S
174.111, a local g'ovcrnment as defined in Ol{S 174.1 I 6 or a special government hody as defined
in ORS 171.1l7.
(G) Contributions made to a legal expense trust fund established under section ::n of this
2007 Act for the benefit of the public official.
(1J) Ueasonable food, travel or lodging expenses provided to a public official, a relative
of the public official accompanying the public official, a member of the household of the
public official accompanying the public official or a staff member of the public official ac-
companying the public official, when the public official is representing state government as
defin(~d in Olt.~ 174.111, a local government as defined in ORS 174.116 or a special government
body as defined in ORS 174.117:
0) On an officially sanctioned trade-promotion or fact.finding mission; or
(ii) ]n officially designated negotiations, or economic development activities, where re-
cei pt of the expenses is approved in advance.
(1) Food or beverage consumed by a public official acting in an official capacity:
(i) In asso(~iation with the review, approval, execution of documents or closing of a bor-
rowing, investment or other financial transaction, including any business agreement between
state government as defined in ORS 174.111, a local government as defined in ORS 174.11(j
or a special government body as defined in OltS 174.117 and a private entity or publiic body
as defined in ORS 174.109;
(ii) While engaged in due diligence research or presentations by the office of the State
Treasurer related to an existing or proposed investment or borrowing; or
(iii) While engaged in a meeting of an advisory, g"ovenlance or policy-making body of a
corporation, partnership or other entity in which the office of the State Treasurer has in-
vested moneys.
(.J) Waiver or discount of registration expenses or materials provided to a puhlic official
at a continuing education event that the public official may attend to satisfy a professional
licensing requirement-
(K) Expenses provided by one public official to another public official for travel insiide this
state to or from an event that bears a relationship to the receiving public official's office and
at which the official participates in an official capacity.
(1.) Food or beverage consumed by a public official at a reception where the food or
beverage is provided as an incidental part of the re(~eption and no cost is placed on the food
or beverage.
(M) Entertainment provided to a public official or a relative or member of the household
of the public offi(~ial that is incidental to the main purpose of another event.
(N) Entertainment provided to a public official or a relative or member of the household
of thc public official where the public official is acting in an official capU(~ity while n~pres-
enting state government as defined in ORS 174.111, a local government as defined :in ORS
174.116 or a special government body as defined in OH.S 171.117 for a ceremonial purpose.
I(e) The ,gluln,g or recewing o( food, Lodging and tmvd /'vhen participating in an event which hears
(I relationship to the public official's office and when appearing in an official capacity, suhject to the
reporting 1T1luireml'nt or ORS 244.060 (6).J
[fd) The ;;iuing or receiuing of food or beverop:e II the food or beverage is consumed h:v the public
official or Ihe puhlic ofliciul's relatives in the presence or the purchaser or provider thereot: I
I(e) The !:i['ing or receiving of entertainment iF the enlertainment is experienced by the puhlic olli-
cwl or the puhlIC official's relatives in the prcsence of thl' purchaser or provider thereol and the ualui'
ol the entertllUUTLf'nt do!'s not exceed $100 per person on a sin;;le occasion and is not greater than $2S0
In uny one calendar )'('or J
1(8)) (6) 1"!fofwraria"J "Honorarium" me;H1S (l payment or something of economic value given
to il public ofTici;ll in exchange for services upon which cllstom or propriety prpvent.s t.he settmg
Enndkd Si'lwt(' Hill )0 iSH JO-Cl
l';l!~" ~:)
of a price. Sprvices include, but arc not limIted to, spl'l'ches or other S('fV]('('", fcndet"I'd m connection
wit.h ,m event lot UJluch thc public ofri('/o! up/wors in an o!{rcio! copan(v)
ImJl (7) "Incomc" means income of an.y nature dl'rived from allY !'OllITl'. including, but not. llln-
ltl'd to, any sal:1ry, \Vagl', advance, payment, dividend, interest. rent., [/wlII!runll I honorarium, retun)
of c:1pita!, forgiveness of indebtedness, or anything of economic value
I( JO)j 18) "Legislative or administratJvl' ]ntl~r('st" means 3n economic illll'f('.C;C lh,c;t.inct from that
of the gCI1l'ral public, in onc or more bIlls, resolutions, regulations, proposals ot" ot.hn matters sub-
ject t.o the action or vote of a person acting in the capacity of a public ofhcl,ll.
/( 11) "Lef.Iu;/aliue officia!" means any melT/her or ml'rnber-elect o{ the Le}-!ls!oln'I' Ac;semhly, arty
memher o{ an UP,CflCY, bourd or committee that is purt of the le,gislatiue hrandl and un)' 8!all person,
assislanl or emplo.}'ec there()j: J
[( 12) "Memhcr oj' household" means any relative 1l'11O resides lL,ith lhe puhl/(' ol/few!.]
(9) "Member of the household" means any person who resides with the pubJie offieial.
I( 1.'3)) (10) "Planning commission" mezrns a count.y plannIng cunllllissi()Jl cre;Jlpd under ORE)
chapt.er 2]5 or a city planning commission cn~ated under ORS chapter 227
[(/4)1 (11) "Potential conf1ict of inten~st" means ;.I11y act.ioll or allY dCClsion or recoTTlmendat.lOn
by a person acting in 3 capacit.y as a pubhc official. the effect. of wh](:h could 1)(' to the private
pecuniary' benefit or detriment. or t.he person or t.ht' person's rclatJvl', or a bll,c;iness \vit.h which t.hc
person or the fwrson's relative is associat.ed, unless the ppcuniary bcrwf'lt or dctnlllent arises out
of the following:
(a) All int.en~st or membership in a part.icular husllless, industry, occupation or othl'r class rc-
quired b)' law as a prerequisite to t.he holding b,y the person or the office or po;.;it.ion.
(b) Any action in t.he person's ofTici;:ll capacity \vhich would aJlpd t.o lIw ;';;lIne degree a clas.y
consisting of all inhabitants of the st.ate, or a sma]]er cbss consisting of :lr) indll:-;try, occupatiOn 01'
ot.her grou:) including one of which or in which tbp per-son, or the pl'r,C;O[)'s n'bl1vi' or business with
which t.he person or the person's relative is <lssoci:lted, is a member or IS png,lj.~('d
(c) l'\'ll'mhcrship in or membership on thp board of directors of <l llunpro!lt corpor;ltion that is
L1X exc'mpt under section 501(c) of t.he Internal neven\le Code
(12) "Public office" has the meaning given that term in ORS :WO.005.
j( I:I)J (3) "Public official" nwans any person who, v,..hpn ;)11 allcgpd VlOlatiOll of t.his chapLer
occurs, is c:erving the State of Oregon or any of it;; polItical sllbdivislUllS or <lll.V otbpr puhlic body
lo{ the stut!'] as defined in ORS 174.109 as an lollie'er] elected official, appointed officiaL emplo.yec.
agent ur otherwise, land] irf(~spective of whct.her the person is compen:-;atl'd fur Isuch] the services
[( 16)] (4) "Helative" mcans [the spollse o{ the Pllhlic (JIIIClul, (Iny children IIf /he public olfleial
or of Ihe puhlte official's spOllse, and brothers, sisters or parents o{ the puhl/(' ol/iC/ul IIr oj' the public
o!l'iciul's SpOUSI'.]:
(a) The spouse of the public official;
(b) Th<El domestic partner of the public official:
(c) Any children of the public official or of the public official's spouse;
(d) Siblings, spouses of siblings or parents of the public official or of the publie official's
spouse;
(e) Any individual for whom the public official has a legal support obligation; or
(f) Any individual for whom the public official provides benefits arising from the public
official's public employment or from whom the public; official receives benefits arising from
that individual's employment.
If 17)1 (15) ".:3tatement of economic interest" me~lns a stat.ement. as described by ems :244.0(jO to
244.0HO or 244.100.
I( 18) ",~'t(Jtelvide official"' means the Secretary oj -"'tnle o/' Secn'lar~y oj /)'tule-e!cd, Stale Trcwwn'r
or Slate Tn'a81ITTT-elect, Superintendenl of hd)!ic Inslruction or SllfJennlcndent.clec[ of Fuhlic In-
struction, Attorney General or J\ttorney General-el('('/ (lnd the Commisswner of the Uureau of Lahul'
and Industries or the Commi,,,'sioncr-elect or the Burc(/u o{ !.,o!Jor ond Indust,.ies,)
Fllt"IlII,.,j "11'11:11" Bill In ISH In.c)
Pilgt' ~:l
[( 1.9)J (16) "Zoning commissIOn" means :In entIty to which is delegated ill, least SO!lle of the dis-
cretionary' authority of n planning COmnllSSlOn or i!overnll1g body relat.ing 10 zoning nlld land lISi'
malters.
SECTION 17. OES 244.040 is amended to read:
241.010. [The li)llowing actions are prohibited r-('garti1css o{ u)hether actual conllicts of inlpn'st or
potential conllicts o{ interest are announced or disc1o.'--,'ul pursuant to ONS 21-1.]20-]
[(]}(a)! (1) [Nu] Except as provided in subsection (2) of this section, a public olTicial [shall]
may not use or attempt t.o use ofliciJ.1 posItion or (dlice to obtain ["mancin] galn or aVOldanc(' of
financwl det.riment [thut UNHdd nol olhenoise be ul'ui!uhle hut {or the puhlic olficia!'s holding or Ihe
ollieial position or oflicl', other than of Ii cia I solary. honoraria, exccpt us prohlhilul In paragruphs (h)
(Inri (c) or this subsection, reimbursement of I'X!)('IISI'S or an ullso!iI'iler! oU'ord Ilu' pro(essio!lal
nchie1}emcnt li)T the puhlic of/lcial or thl' pl/blie ofliciol's relolive, or liJrl for the public official, a
relative or member of the household of the public official, or any husinc,;s wlt.h wlllch the public
official or a relative or member of the household of the public official is assoCl<lL(~d, if the fi-
nancial gain or avoidance of financial detriment would not otherwise he available but for the
puhlic official's holding of the official position or office.
(2) Subsection (l) of this section docs not apply to:
(a) Any part of an official compensation package as determined by the public body that
the public official serves.
(b) The re(~eipt by a public official or a relative or member of the household of the publi(~
official of an honorarium or any other item allowed under section 21 of this 2007 Act.
(c) R(~imbursement of expenses.
(d) An unsolicited award for professional :whievement.
(e) Gifts that do not exceed the limits specified in section 18 of this 2007 Act received by
a public official or a relative or member of the household of the public official from a source
that could reasonably be known to have a legislative or administrative interest in a J'~overn.
mental agency in which the official holds any official position or over which the official ex-
ercises any authority.
(f) Gifts received by a public official or a relative or member of the household of the
public official from a source that could not reasonably be known to have a legislative or ad.
ministrative interest in a governmental agency in which the official holds any offi(~ial posi-
tion or over whi(~h the official exercises any authority.
(g) The receipt by a public official or a relative or member of the household of the public
official of any item, regardless of value, that is expressly excluded from the definition of
"gift" ;n OHS 241.020.
(h) Contributions made to a legal expense trust fund established under section :H of this
.2007 Act for the benefit of the public officiat
[(h) No statewide olflcial shall solicit or receive, lvhdher directly or indirectly, /wllomria liJr the
stateu)ide ofli-ciol or lor any member o( Ihe household o( the olficwl. No ("(lndlda/e li)r slu/eu)ide olfice
shall solicit or receive, whether directly or indirectly, honoraria Fir the candldule or I()r any Inember
o( the household or the candidate.]
[(e) No legislative oll[cial shall solicit or receIVe, whpther directly or indirectly, honoraria in an
amount In excess of $1,500 or in any amount li)r an appearance u)/thin lhe stute or li)r an appearal/(;I'
during a leki.~lati/Je session, re~ardless or location, (or the leuislative oll"icial or li)r any member of the
household or the official, except that a legislalive olf/cud may solicit or receive honornria I(JT' 'iervices
perlc)nned in relation to the priuate pro/(~.'isi()n or occupation of the legislatu'(' ollicial No candidale
{or legislatiu(' o/Tice shall solicit or rccciue, whether direcl(v or indirectly, fWl10mrw In an amount l!J
I'XC(,,'-;S of $1,600 or in any amount lor an appearance within the state lar the cundidall' or li)r ony
memher of the household o( the mndidate, exr:cpt that (l mndidafe for leRislallut' ofjlce mo.';, solicit or
re("eive honoraria li)r services performed In relation to the priuate proli'ssion or occupation or the 11'j!,-
islatiue olllcial.1
I.'nrnll,.,j S"";l1.i' Hill ]0 ISH IO-C)
P:11.~" '24
)(dJ AnI' public ofji:ciu! not d('scT/hell in porngro/i11 (h) or (c) of this sllhsec/ion or Ii mcmber of the
,while offlcral's hmu;e}wld fl)O)' r('('C/I'1' honoJ"(lTio)
1(;2) tvro puhlic of/reial or ('aruiidatc flJl- of/ice or (f 'c!alilw u{lhe public o/lic/o! or mndu!o!e shall
solicit or r('cciuc, lohe/her dlredly or indircC't!v. dunn;; uny m!cndar }'('ar, an)' gif! (ir gifts with an
aggregate value in cxcess o{ $100 {rom uny single ,'-;o(nce who could rcusonabl.r Iw knoum to hUI)(' a
/cglslatiuc or rulministrative interest III any gOl'enJlIIl'nln/ agency 1lI lL'hich the of/rcial has or the can-
didate if elected wOll!d have any officra! fJu.~lIioll or ()I.'l'r whic'h the ofll-cial exercises or the candidate
if ('leded would exercise an.)' autfwri(y,)
U) jNu] A public ortlcial [sha!lJ may not SOJJClt or reCl~ive, either directly or indirectly, and
lno) a person [shall] may not offer or give to any puhlic official any pledge or promise of future
l'rnploymenl, based on any understanding that Isw'h puhllc o/lrcial'sl the vote, offIcial action or
JudgrrH'nt of tht.~ public official would he influenced Ithcreh)'] by the pledge or promise
(.1) INol A public orficial [shall] may not aHl'mpt to further or further tllt' personal gclln of the
public official t.hrough the use of confHlcntial 11lforn1<ltlOn gallled in LtH' course of or by reason of"
I!h!' off/cia! position] holding position as a public official or ilctivities of trIP public offiCIal [in all)'
WU)']
[(,r;) Nu person sholl of/iT cll/rilll--! nn.1-' culcndw ','!'ur WI)' gifis with UlI aggrcJ.!,ate un!lle in excess
oj' }/; j()() to nn}' PllhLtc oll/cinl or candu/a/e thacf;l!- or (I relati!'c of the puhlic officia! or candidate if
the perSOll has (/ legislatiue or adminis/rutH'!' intl'u','-;! In u J--!oL'('rnmentn! OJ.!,ClIC)' In whlc'h the (lflicial
has or the candidate if elected li/Ollld /UII'(' ulIy of/iClol position or ouer ll'hich Ihe officiu! cxcrcI,'>CS or
the candidate if elected wOlfld exercise an)' authority]
(5) A person who has ceased to be a public official may not attempt to further or further
the personal gain of any person through the use of confidential information gained in the
course of or by reason of holding position as a public official or the adivities of the person
as a public official.
(fj) [No pcrson shafl] A person may not att.empt to represent or repf(~scnt a client for a f(~c
before the governing body of;) public body of which the Iwrson is (l member. This subsection does
not apply to the person's employer, business partner or other ,l;'isociate
(7) The provisions of this section apply regardless of whether actual conflicts of interest
or potentia) conflicts of interest an~ announced or disclosed under ORS 244.120.
SE~~~nON 1~ (1) During a calendar year, a public official, a candidate for public office
or a relative or member of the household of the public official or candidate may not solicit
or receive, diredly or indirectly, any gift or gifts with an aggregate value in excess of $50
from any single source that could reasonably be known to have a legislative or administra-
tive interest in any governmental agency in which the public official holds, or the candidate
if elected would hold, any official position or over which the public official exen~ises, or the
candidate if elected would exercise, any authority.
(2) During a calendar year, a person who has a legislative or administrative interest in
any goveolmental agency in which a public offieial holds any official position or over which
the public official exercises any authority may not offer to the public official or a relative
or member of the household of the public official any Kift or gifts with an aggregate value
in excess of $50.
(a) During a calendar year, a person who has a legislative or administrative interest in
any governmental agency in which a candidate for public office if elected wouJd hold any of-
ficial position or over which the candidate if elected would exercise any authority may not
offer to the candidate or a relative or member of the household of the candidate any gift or
gifts with an aggregate value in excess of $50.
(4) Notwithstanding subsection (1) of this sedion:
(a) A publie official, a candidate for public office or a relative or member of the hous(~hold
of the public official or candidate may not solicit or receive, directly or indireetly, any gift
of payment of expenses for entertainment from any single source that (~ould reasonably be
known to have a legislative or administrative interest in any governmental ageney in which
!':nml1",j .')(>1"'1/' Hi)1 ]() ISH In.c)
Pc';':" ~}",
the public official holds, or the candidate if eleded would hold, any official position or over
which the public official exercises, or the eandidate if eleded would exercise, any authority.
(b) A person who has a legislative or administrative interest in any governmental agency
in which a public offieial holds any official position or over which the public official ex,erciscs
any authority may not offer to the public official or a relative or member of the household
of the public official any gift of payment of expenses for entertainment.
(c) A person who has a legislative or administrative interest in any governmental agency
in which a candidate for public office if elected would hold any official position or over which
the candidate if e1eded would exercise any authority may not offer to the candidate or a
relative or memher of the household of the (~andidate any gift of payment of expenses for
entertainment.
(5) This section does not apply to public officials subject to the Oregon Code of Judicial
(;onduet.
SECTION 19. ORS 2t14.0GO is amended to n~,l(l:
21t1.060. The statement of economIC Interest filed Ilndpr ()J{S 2'H.0501, I shall be on <l form prc-
scnhed by t.he Oregon Covernment SLll1dards and Pr:H:ticps Commission!. andl_ The [person] public
official or candidate for puhlic office filing th(. statcIlwnt sh<lll sllppl.\' I.Iw informat.lOn r(~qlljred
by this s('clion and ORS 2,H_O~lO, as follows'
(l) The [name] names of all pOSItions as offIcer or a business and business din~ct.()rships held
hy t.he person or <J member of" the household of the J)(~rSOIl during the precl'ding calendar year, and
the principal address and a brief description of each business.
(2) All names under which the person cll1d members of tlw hO\lsehold of the person do business
and the principal address and a brief description of each husiness
en The names, principal addresses and brief descriptions of the five most signifi(~ant
sources of income received at any time during the pn_'ceding calendar year by tnI' person lor a] and
by each rnprnher of" tlw household of tlw person [Owt produce ]() percent or more oj'the total anrl/wl
house/wId inconw], a description of the type of income and the name of thc pcrson receiving
the income.
1(4) The name, principal address and hriej' deSCription o{ the .~ollr("() oj' ineome j'rom which !)() per-
cent or more of the tolLlI annual income oj' the person und memhers o{ the /uJllsl'ho/d oj' the person ums
receiued dllrinfit lhe preceding calendar yeor ond IL'hcfhcr the SOlllTe e:"(I.'-;ll'd during the pn'f'l'dir,'}.; year,
and whether the source is derwcd I"rom un entlf.}' tho! nou' does husiness or ("(wId rCflsonuhly he ex-
pected to do husiness or hos Le}.;islative or administrotil'e interest in the glJL'ernmcntol u}.;enc)' ot lL'hich
the public oll/ciaL r,~ or the calHhdate i{ elected u'ordd be u mem!)(',- or ouer which the public olficial
hilS or Ihe candidate if elec!ed u;ould h(lL'l' (wl/wri/y_l
[(;))(0)1 (4)(a) l7'h1O listil/ul A list of all real propert.y in which the Pllhlu: OJflCi;l1 or candidat.e
Ithere!l)r] for public office or a member of tht~ hO\lsl'hold of the public ofTici..ll or candidate has or
has had any personal, beneficial ownership interest during the prl'ceding calendar year, any options
to purchase or sell real property, including ,.1 land sales contract, and any other rights of any kind
in real property located within the geographic boundaries of the goverrH1lPlltal agency of wh]ch the
public official lisl holds, or the candidat.e if elected would [he 0 memher] hold, any official position
or over which the public oiTicial (has] exercises, or t.he candidate If elected would [/wuc) exercise,
any aut.hority
(b) This subsection does not require the listing oj' thp principal residence of t.he public official
or candidate.
(5) The name of each member of the household of the person who is 18 years of age or
older.
(6) The name of each relative of the person who is 18 years of age or older and not a
member of the household of the person.
[(r;)(u) Notwilhslundinu OUS 2.11.020 (7)(1'), II" II puhlic oll/cinl /w:-; received flJ()d, lodginp, and pay-
ment o{ troue! expenses cxcecdinJ-[ $LOO Hihen participating ill an eL'l'n! lchic!r hears n rdationship !o
E!!!"(:!bJ s(.!!:~t(' Bin H' (SB ]O-C)
!':~;..;(~ ~!-;
!he pllh/ic o/ficial's o/f/C!' and (chen op!>carin[..: in 0/1 ()//I('/(II ('uj)(/city, Ihe norru', nulure ofid hu.~iflcss
address o( Ihe olf.:anizatio/l }Joyin,'; the eXpell.W'S o!ld Ih,' du!e Olll! oTlwlinl o( Ihol eXjJe/1(i1lurc. J
I(h) nq;inmng on Jui.>' I, 1992, Ihe dollar ol/wunl s!)('('i/icd in pamgraph (a) o( tIllS slIh.';ectio!l shall
he art/listed annually hy the ('ornrnrssio!l ha.';ed up un tIll' chong(' in the Fort!und ('o!l:.;urner i)ri("(' index
/'or All Urban Consumers fi)r All Items ac; prcparn! hI' !hl' lJun'oll o( i,ohor Stulisti('.<; o( the United
Slates lJepartment o( Lahor or it:-; ,,'urccssor during the pn'{'('flinf!. 12-month period. The amount deter.
mined under this pamgraph shall he rounded to the rieuresl dollor.1
[(7) Any honoraria exceeding $[j() rccewl'd durin,!.; the prn'l'dinJ-: ('o!eruior -,,'eor b,'/ Ihe pcr,'wn or a
member o( the household o( the person, thi' pu,,!,/, oj'IIIl' hOliomriu and the dote and tune o( the event
j(>r which the }wnoruria was received. I
SE(;.!!ON 2~ ()J-{S 244.070 is amended to r(';HI
241.070. A public official or candidate for public office shall report the following additional
economic interest !sholl hi' repor!ed] for Ow pn'cc(hng calcTHlar -,,'car onl,v if' t.he SO\l1"C(' of that 111-
terest is derived from all individual or busIlless IU)lIch] that h:ls been doing busiI1l~ss, does business
or could reasonably be expected t.o do bll."incss WIth, or has legislative or administrative interest
in, the governmental agency of whIch the publiC ol'f'1ei:ll li.~1 holds, or t.he candidate if elpcted would
Ihe a member] hold, any official position or O\'('r which the pllblic of'fienl Ihosl exercises, or the
candidate if elected would Ihr!L'el exercise, any ,lu!ho]"ltv
I( I) r;adr suurce o( incollle ouer $l,()()(), other thOT! U sorl!"CI' o( iI/COllie di.w1u.';cd under OUS 244.()fj(),
whether or not tuxahle, recell.'ed hy the puhlic I!(/icw{ or cOlldidole there/f)r or (] member oj'the hOllse.
hold o( Ihe public o(ficiol or candida Ie. ]
[(2)J (I) Each pel'son to whom the puhlic offlCI:tl Ilr candidat.e ltherl'fin'J for public offi<:e or il
Illemlwr of the household of' the public offiCIal or c:ll1(hdate ow('s or has owed Illoney in excess of
$1,000, trlP interest f<lle [thereon] on money owed <llld the date of the loan, except for debts owed
to any rederal or state regulatl'd financial lTlStitUtlOl1 Of" r('Lid cont.racts
1(.'/)] (2) lf~'ach business I The name, princip<1) :lfldrl'ssl,1 and bricr description of lits] the
naturel, I of each business in which the public ollicl,ll or candidate Itherrf()rl for public office or
a member of the household of the publIc ollin,lI or C<llldH!:ltl' h<ls or has had <l personal, beneficial
interest or investment, including stocks or other :;('C\lritll'S, III ('xcess of 31,000, (~xccpt /(n mdividual
items lHvolved in a mutual fund or a blind tr\lst., or ;l tlllH' or demand deposit in a financial insti-
tution, shares in a credit union, or the cash Surt'CIH!er value of life insurance.
1(4)) (3) Each person for whom the public olTici,d Ilr C,llldid,l!C for public office has performed
services for a fee in excess of $1,000, except for ,1llV disclosun~ otherwise prohibited by law or by
a professional mde of ethics.
SEGTJON .21. ORS 244_ 1 00 is amended to n~ad
211.100. [(1) The Orcgon Government ,Stanrlnrds Uflll flmclicl's C()mmission by rule may rCifuire the
disclosure {lllrl reporting o( gifts or other corntWnS(lllOn made to or rcceiued hy a public ol7'icial or
condidate /('r elective off/cc. J
1(2) The commission by rule may exempt (rom 1lII' gi/i lrmilutum ('ontained in OR,)' 244.040, any
gi(t o( /iwd or beuf'raJ-:e but muy require that u'hefl grj:'s oj' (ood or beverage exceed a dollar amount
fixed by the commission, the source thereol shull he disl'losed on a /ilnrl prescribed by the
commission. J
(1) A public official or candidate for public office who is re(luired to file a statement of
economic interest under ORS 244.050 shall file with the Oregon Government Standards and
Practices Commission, according to the schedule set forth in section 23 of this 2007 Act, a
statement showing for the applicable reporting period:
(a) Any expenses with an aggregate valu(~ exceeding- $50 received by the public official
when participating in a convention, mission, trip or other meeting described in ons 244.020
(5)(h)(F). The statement shall include the name and address of the organization or unit of
govenlment paying the expenses, the nature of Ow (~vent and the date and amount of the
expenditure.
I<:nrnllpd :-;1']);111' Hill 10 ISH W-C)
I-':lg" ')7
(h) Any expenses with an aggregate value exceeding $;')0 received by the public official
when participating in a mission or negotiations or eeonomic development activities described
in ORS 244.020 (5)(b)(]J). The statement shall indude the name and address of the person
paying the expenses, the nature of the event and the date and amount of the expenditure.
(c) All honoraria allowed under section 24 of this 2007 Act exceeding $15 received by the
public official, candidate or member of the household of the official or candidate, the payer
of each honorarium and the date and time of the event for which the honorarium was re-
ceived.
(d) Each source of income exceeding an agg-regate amount of $1,000, whether or not
taxable, received hy the public official or candidate for public office, or a memher of the
household of the publie official or candidate, if the soun~e of that income is derived from an
individual or business that has been doing husiness, docs business or could reasonably be
expected to do business with, or has legislative or administrative interest in, the li{overn-
mental agency of which the public official holds, or the candidate if elected would hold, any
official position or over which the public official exereises, or the candidate if elected would
exercise, any authority.
[(:1)] (2) In addition to [any riisc!osllres or T"I'/)()r!s) statements required UlHkr Isuhscclio!ls (I)
and (2)1 subsection (1) of this section[,[:
(a) Any [person or] orgal1lzation or unit of government th<1t provirles a public onicial with
[lood, fodJ.tinJ.t or travel expenses eXCi.'cdift,L; $S(), o,~ dr'scuhed in ON,'" 244.()(-i() (()), I expenses with an
aggregate value exceeding $50 for an event described in ORS 244.020 (5)(bHF) shall notley the
public offi.cial in writing of the amount of the eXIH'TlSi'. The organization or unit shall provide the
notice [<~h(1ll he sellt] to the public official \viLhin ](J days from the date [such] the ('xpenses <:Ire in-
curred.
(h) Any person that provides a public official or a nwmber of the household of :3l public
official with an honorarium or other item allowed under section 24 of this 2007 Act with a
value exceeding $]5 shall notify the public official in writing of the value of the honorarium
or other item. The person shall provide the notice to the public official within 10 days after
the date of the event for which the honorarium or other item was received.
SECTION 2b!: If House Bill 2595 becomes law, section 21 of this 2007 Act (amending ORS
244.100) is repealed and OR...'; 244.100, as amemled by section 6, chapter _, Oregon Laws 2007
(Enrolled House Bill 2595), is amended to read:
244.100. [In addition to any disc!oSI/rcs or rl'fJorls n'l/wret! under this chapter or rules adopted
under Oil,S 244.290, any person or oljfnni2oli()1) IIw/ /H(JI"ldes u puhlic olFicial wilh j(wd, fodging or
travel expenses exccedinF: $100, (f.'.; described in ONS 244.()fi{) (()), shall notiFy the public official in
writing of the amollnt of the eXfH'IUw. The nolice slloll 1)(' sent to Ihe public ollleial within 10 days from
the datc the expenses are incurred. J
(1) A public official or candidate for pubJj(~ office who is rctJuired to file a statement of
economic interest under ORS 244.050 shall file with the Oregon Government Standards and
Practices Commission, according to the schedule set forth in section 23 of this 200!' Act, a
statement showing for the applicable reporting period:
(a) Any expenses with an aggregate value exceeding $50 received by the public official
when participating in a convention, mission, trip or other meeting described in ORS 244.020
(5)(bHF). The statement shall include the name and address of the organization or unit of
government paying the expenses, the nature of the event and the date and amount: of the
expenditure.
(b) Any expenses with an aggregate value exceeding $50 received by the public official
when participating in a mission or negotiations or economic development activities described
in ORS 244.020 (5)(b)(H). The statement shall include the name and address of the person
paying the expenses, the nature of the event and the date and amount of the expenditure.
(c) All honoraria allowed under section 21 of this 2007 Ad exceeding $15 received by the
public official, candidate or member of the household of the official or candidate, th.~ payer
~'n.r<\n('d Selwte Bil! 10 (SB 111-(')
P:'g'_' 'If<.
of each honorarium and the date and time of the event for which the honorarium was re-
ceived.
(d) Each source of income exceeding an aggregate amount of $1,000, whether or not
taxable, received by the public official or candidate for public officc, or a member of the
household of the public official or candidate, if the sour(cc of that income is derived from an
individual or business that has been doing business, docs business or could reasonably he
expected to do business with, or has legislative or administrative interest in, the govern-
mental agency of which the public official holds, or the (candidate if elected would hold, any
official position or over which the public official exer(cises, or the candidate if elected would
exercisl~, any authority.
(2) In addition to statements required under subsection (l) of this section:
(a) Any organization or unit of government that provides a public official with expenses
with an aggregate value exceeding $50 for an event described in on...'; 244.020 (5HhHF) shall
notify the public official in writing of the amount of the expense. The organization or unit
shall provide the notice to the public official within II) days from the date the expenses are
incurred.
(h) Any person that provides a public official or a member of the household of a public
official with an honorarium or other item allowed under section 24 of this 2007 Act with a
value exceeding $15 shall notify the public official in writing of the value of the honorarium
or other item. The person shall provide the notiec to the public official within 10 days after
the date of the event for whi(~h the honorarium or other item was received.
BECTIQ},r 22. Sections 23 and 2:la of this 2007 Act are added to and made a part of ORS
chapter 2-14.
~EC'~I9N 2~~ Statements required to be filed with the Oregon Government Standards and
Practices Commission under ORS 244.100 and section :35 of this 2007 Act shall be filed in each
calendar year:
(1) Not later than April 15, for the accounting period beginning January 1 and l~nding
March :11;
(2) Not later than .July 15, for the accounting period beginning April 1 and ending June
30;
(:3) Not later than October 15, for the aceounting period beginning .July 1 and ending
September 30; and
(4) Not later than ,January 15 of the following ealendar year, for the accounting period
beginning October 1 and l~nding December :n.
SECTI9N 23a~ (1) As used in this sl~ction:
(a) "Public hody" has the meaning given that tenn in ORS 174.109.
(b) "Public contract" has the mcaning given that term in ORS 279A.010.
(2) Exc1ept as provided in subsection (:l) of this section, a person may not, for two years
after the person ceases to hold a position as a public official, have a direct beneficial financial
interest in a public contract that was authorized by:
(a) The person acting in the capacity of a public official; or
(b) A board, commission, council, bureau, committee or other governing body of a public
body of which the person was a member when the contract was authorized.
(3) Subsection (2) of this section does not apply to a person who was a member of a
board, commission, council, bureau, committee or other governing body of a public body
when the (:ontract was authorized, but who did not participate in the authorization of the
contract.
HONORARIA
SECTION 24. (1) Except as provided in subsection
not solicit or receive, whether directly or indiredly,
(J) of this section, a public official may
honoraria for the public official or any
Enrolkd Senate Hill 10 (SH 10.(;)
1-':11:(' 29
member of the household of the publie official if the honoraria are solicited or received in
eonnection with the official duties of the public official.
(2) Except as provided in subsection (:1) of this section, a candidate for puhlic office may
not solicit or receive, whether diredly or indirectly, honoraria for the candidate or any
member of the household of the candidate if the honoraria are solicited or received in con-
nection with the official duties of the public office for which the person is a candidate.
(3) This section does not prohibit:
(a) The solicitation or receipt of an honorarium or a certificate, plaque, commemorative
token or other item with a value of $50 or less; or
(b) The solicitation or receipt of an honorarium for services performed in relation to the
private profession, occupation, avocation or expertise of the public official or candidate.
SECTION 25. OW:; 214.2HO is amended to rf.',H!:
244.2HO. (1) Upon the writ.ten request oj' (lny Ipuhlic of!i'cia!, ('rIndidale [or public o[fice or a,,-y]
person, or upon its own motion, the Oregon Covernment Standards and Practices Commission, under
signature oj' t.he chairperson, may issue and pub!Jsh opinions OJ] the requirements of this chapt('r.
based on actual or hypothdical circumstancl's.
(2) If any public oflicial or business wit.h which t.he public offlcizll is associated is in doubt
w}wt.lwr a proposed transact.ion or actioll C()nstltutp,C; a violatlOll of thIs chapler, the public official
or the hU,c;iness m,ly f('quesl in writJrlg a dptel'll1lnatlOn from thl' commissiolL [If" any puhlic o[ficial
is in douht whether receIpt o[ an honoraria is in ['iofation of" this chapter hecause the person pa.'iln.g
the honoraria may be [ound to have a legis!oti!!e or udministratiue interest, the public ollici,,! shulL
n'(/llesl in wnt/n.g (l delcnnltwlio!l fi'om the commission.] Trw requester shall supply such informat.ion
as the commission requests to enable It! to isslle the inlerprclulion] the commission to make the
determination
(:1) A public official lor husiness /I/ith w}uch n puhl/(; offlczal is associated shall not bel is not li-
able under this chaptpr!,] for any action or t.ransaction carried out. in accordance with Ian advisor.)'
InlerpretatlOn iss/ledl a determination made under subsection (2) of this section. [Such an advisory
interpretation shall he] The determination is considered a formal opinion having precedent.ial effect
and IshaLL he subjed to review] must bc reviewed 1))' legal counsel t.o t.he commission he!{)n' t.he
[interpretation] determination IS sent t.o the requpster.
.~ECTION 25a~ If House Bill 2595 heeomes law, section 25 of this 2007 Act (amending ORS
244.280) is repealed and ORS 244.280, as amended by section 12, chapter _, Oregon Laws
2007 (Enrolled House Bill 25~)5), is amended to read:
~,11.280. (1) Upon thp written request of an.y person, or upon its own motion, the Oregon Cov-
ernment. Ethics Commission, under signature of the chairperson, may issue and publish written
commission advisory opinions on the applicatioJ} of any provision of this chapter to any proposed
transactlOIl or action or (lny actual or hypotlwtlcal circumstanu~. ^ commission Zldvisory opinion,
and a decision by the cornrnisslOn to JSSUP an adVIsor.\"' opinion on its own motion, must be approved
by a majority of the members of the commission Legal ("ouns,,1 t.o the commission shall review a
proposed commission advisory opinion hdore the oJllnion is considered by the commission,
(2) Not later than 60 days after the date the commission H'ceives the written reque~.t for <)
commission advisory opinion, the commission shall isslle either the opinion or a written denial of
t.he request.. Trw \vrit.ten denial shall explain the rt'asons for the denial. The commlssion may <lsk
the person requesting the adVIsory opinlOn to sIJppl.v additional information t.he commission consid-
ers necessary to render the opinion. The commlssion, by vote of" a majority of the members of the
commission, may extend the 60-day deadline by one period not to exceed 60 d<lYs
(:{) Except as provided in this subsection, lJnll~Ss the commission advisory opinion is revised or
revoked, the commission lor a court J may not impose a pl'nalt..y under ORS L44.:~50 or 244.:~f;O on a
person for any good faith action the person takes in n~li;lI1ce on an advisory opinion issued under
this section. The commission lor a court] may impusp a penalty under OW::) 244.:150 or 244.:{fl(i on the
person who reqIJl'stl'd the adVIsory opinion if the commisslOn [Ill' ('ourt] dcterrnines that the person
omitted or misstated maU~rial facts in makIng the reqllest
Enrollpd SPJ1;l(l' Hill )() iSH ]O-C\
]':11:1,:\0
SECTJlON 2(l. OI{S :~,') 1.067 IS anwnded to n'ild
-'~_..-
:~,')].067. (I) In carT)'ing out Its authofit), undel Ol{.') ;Jf:il.070, the St.ate BOilrcl of Iliglwr Educa-
tioll may a\ltJlOrize rl'Celpt of compensatIon f'or any officer or employee of the Oregon Umversity
System frmn private or puhllc resources, Inc]udlTlg, but not. limited t.o, income frum:
(a) Consultmg;
(b) Ap::JCarances and speeches;
(c) Int.ellectual property conceived. rcduced to practicc or originat.ed and t.heref"ore owned within
the Oregon lJniversit..y Syst.em;
(d) Providll1g services or other v:lIuah]c considefiltion for (l privat.e corporatlOIl, indivHlual, or
entity, whether paid in cash or in-kind, st.ock or ot.her equity interest, Of anything of value r'cgard-
less of whether there is a hcensing agreenwllt bct\ve(~n Uw Oregon University S)',st('m imd the pri-
vate entity; and
(e) Performing publIc duties pind by private organizations, including Instit.ut.ion corporate ;dfJ!-
lates, which augment an officer's or cmplo)'pe's publicly funded salary. Such Income shall be au-
thorized and n'ccived in accordance with pol1ci,-~s and rules established by t.he board
(2) The board Is/wll] may no!. author1zc cOrnpt'lls;lt.ioll, as defined in subsection (]) of this sec-
tion, that, in the hoard's judgrnl'nt. dol'S not colllport. with the mission of t.he instltut.lOI1 ,llld tlw
Ort'glll1 University Systcm or sllhsLlllLlall.y int.l'rfel"l's with an officer's or employee's duties t.o the
()regon LJnivcrsit.y System.
(:.I) Any compensation!, I d{'su'ibed and authorized under subsection (1) or t.his sect.ionl, shall he]
is considcn~d offiCIal [solur\', honorarium I eompPllsatioll or f(~imbursement of expenses for purposes
of" ons 2'HJHO and is not eonsiden~d an honorarium prohibited by section 24 of this 2007
Act. If authorizat.ion or receIpt of [sl/ch] the compensation cn~at.es a pot.ential conflict of lnt.erest,
t.he officer or employee shall report the potentia] conf11ct Ishall he reported I In v.Titing in ac-
cordance \vith rules of the state board. The disclosure is a puhlic record subject to puhlic inspectlOTL
(4) Thc state board shall adopt h.y rule st.andard!'; govermog emploYf'e outslde employment. and
activities, incIu(hng potenti,d conflict of interest, ;l!,; defined by state board rule and conslstent \Vlth
ORS 2<1<1.0:20, ami thc puhlic lhsclo!';UfC tl](~n'or, ilnd pfocedures for reporting and hearing potential
or actual conflict or interest. complaint.s
SEC']:I"~)~' 27. OW.; :Fd.:t70 i" ;lIlH'nded to rcad:
3.S::l.270. (I) Oregon lIe,llth and ~ci('ncl' Ulllvcrsity may authorize receipt of compensation for
any offict~r or emplo.',;('e of the universit.v f"rom private or publlc resources, including but not limited
to income fnJm:
(a) COllsulting;
(b) Appearances and specches;
(c) Intellect.ual propert.y conct>]ved. reduced to practict~ or originated and therefore owned within
the unlversit.y;
(d) Providmg servict,s Of other \',)luahle considerat.ion for a privat.e corporation, individual or
I'ntity, whet.her paid in cash or in kind, stock or ot.hef equity interest, or anything of vallle regard-
less of whether t.here lS a licensing agreement bd\veen the university and the private entity;
(e) Perforrnmg pubhc dut.les paid by private organizations, including universit.y corporate affil-
iat.es, that augment an nfTicer's or employee's publicly funded salary. .such inconw shall be author-
ized and received in accordance \vit.h policies established by the university; and
(I) Providing medical and other healt.h s{~rvicl'S.
en The univcrsity [shull) may not aut.honze cOlllpensat.ion, as describc,d in subsection (1) of this
sectio/l, th;lt, in the UnIVl'rslt.v'S judgnwnt., does not comport wit.h Ow missions of the university or
substantia!:.)' inl.t~rferl's with an ot1icer's or employee's duties to the universit.y_
(:3) Any cornppnsatioll descrihed (lnd al1thoriz(~d under subsection (I) of this section [shall he] is
considered of"ficia] Isolol)', honorarium I compensation or reimhursement. of expenses for purposes
of O!{S 214.0tlO and is not considered an honorarium prohibited by section 24 of this 2007
Act. If authorizilt.wn or feceipt of [sllchl the compensation creat.es a potential conflict of interest,
the officer or employee shall report the potentIal conflict [shall be reported] In writ.ing in ac-
Enrol1l',j .'-)"Tl;lt.f' Ilill ]() (:';11 I()-(:]
P'l;;" :ll
cordanc(' with pohClcs or tlw universit.y The disclosure is a public n~conl subject to public in-
spectloJ)
(4) The unIversIty shilll adopt. st.anrbnls gO\'('rnllll.~ prnplovcc outsH]e employment and activit.ies
of employees, including pot.ential conflicts oj" intnpst. as dcfl!1Cd by th(' lll1lVCrSJty and consistcnt
wit.h OHS 211.020, and t.he publJC disclosure thereof. clnd proC(.dures for reporting and hearing po-
t.ent.ial or fldua] cOllflict of" int.ercst complaints
LEGAL EXPENSE TRUST FUND
SECTION 28. Sections 2H to :17 of this 2007 Act are added to and made a part of ORS
chapter 244.
SECTIOj'J" 29. (I) Subject to t.he authorization of the Oregon Government Standards and
Practices Commission as described in section :-n of this 2007 Act, a public official may es-
tablish a legal expense trust fund if the public official incurs or reasonably expects to incur
legal expenses described in subsection (2) of this section.
(2) Proceeds from the trust fund may be used by the public official to defray legal ex-
penses incurred hy the public official in any civil, criminal or other legal proceedin12~ or in-
vestigation that relates to or arises from the (;ourse and scope of duties of the person as a
pub lie official. Thc legal expenses must be incurred in connection with:
(a) The issuance of a court's stalking protective order under ORS 30.8fl6 or 163.7:1H;
(b) The issuance of a citation under ORS 16:1.7:j5;
(c) A criminal prosecution under ORS IH3.732;
(d) A civil action under ORS 30.8H6; or
(e) Defending the public official in a proceeding or investigation brought or maintained
by a public body as defined in ORS 171.lOB.
(:l) Except as provided in subsection (2) of this s(~ction, a public official may not use
proceeds from the trust fund for any personal use.
(4) A puhli(; official may not establish or maintain more than one legal expense trust fund
at anyone time.
(5) A publie official who establishes a legal expense trust fund may not solicit, :receive
or handle any contributions to the fund.
(()) The provisions of ORS chapter l:W do not apply to a trust fund established under
sections 29 to 37 of this 2007 Act.
SECTION :30. (I) The proceeds of a legal expense trust fund may he used to:
(a) Defray legal exp(~ns(~s describ(~d in section 29 of this 2007 Act;
(b) Defray costs reasonably incurred in administering the trust fund, including but not
limited to costs incident to the solicitation of funds; and
(c) Discharg-e any tax liabilities incurred as a result of the creation, operation or ad-
ministration of the trust fund.
(2) The proceeds of a trust fund may also be used to defray or discharge expenses, costs
or liabilities incurred before the fund was established if the expenses, costs or liahilit.ies are
related to the legal proceeding for which the fund was established.
SECTION 31. (l) A public official may apply to establish a legal expense trust fund by
filing an application with the Oregon Government Standards and Practices Commission. The
application must contain:
(a) A copy of an executed trust agreement described in subsection (2) of this section;
(b) A sworn affidavit described in subsection (:1) of this section signed by the public offi-
cial; and
(c) A sworn affidavit deseribed in subsection (1) of this section signed by the trustee.
(2) The trust agreement must contain the following:
(a) A provision incorporating by reference the provisions of sections 29 to :17 of this 2007
Act; and
!<:n'^"lJ'.'d St'!wt(' nil! [() ISll )!\I')
p,,;~,. T~
(h) A desig-nation of a trustee who meets the requirements of section :-l2 of this 2007 Act.
(a) The affidavit of the publie official must state:
(a) The nature of the legal proceeding that re1luires establishment of the trust fund;
(b) That the public official will comply with the provisions of sections 29 to :n of this 2007
Act; and
(e) That the public official is responsible for the proper administration of the trust fund,
even though a trustee of the fund has been designated.
(4) The affidavit of the trustee must state that the trustee:
(a) lIas read and undt~rstands sections 29 to 37 of this 2007 Aet; and
(b) Consents to administer the trust fund in compliance with sections 29 to :17 of this 2007
Act.
(5) Upon receiving an application under this section, the commission shall review tht~
trust agreement, the affidavits and any supporting documents or instruments filed to de-
termine whether the application meets the requirements of sections 29 to :17 of this 2007 Ad.
If the commission determines that the application meets the rel)uirements of sections 29 to
37 of this 2007 Act, the commission shaH grant written authorization to the public official
to establish the trust fund.
((i) The commission shall review the quarterly statements required under section 35 of
this 2007 Act and shall monitor the activities of each trust fund to ensure continued com-
pliance with sections 29 to :n of this 2007 Ad.
(7) Unless subject to the attorney-client privilege, all documents re<Juircd to be filed re-
lating to the creation and administration of a trust fund are publie records subject to dis-
closure 3S provided in ORS 192.410 to 192.505.
(H) A public official may not establish a legal expense trust fund without receiving prior
written authorization of the commission as described in this section.
(9) A public official may file an amendment to a trust agreement approved as part of a
trust fund under this section. Th{~ commission shall approve the amendment jf the commis-
sion determines the amendment meets the requirements of sections 29 to :17 of this 2007 Ad.
SE(~~19N 32. (l) The trustee of a legal expense trust fund is responsible for:
(a) The reeeipt and deposit of contributions to the trust fund;
(b) The authorization of expenditures and disbursements from the trust fund;
(c) The filing of quarterly statements required undt~r section :15 of this 2007 Act; and
(d) The performance of other tasks incident to the administration of the trust fund.
(2) The trustee may not:
(a) Be a public official who serves the same public body as the public official who estab-
lishes thl~ trust fund;
(b) Be a relative of the public official who establishes the trust fund;
(c) Be a.n attorney for the public official in the legal proceeding for which the trust fund
is established, or a member, partner, associate or employee of the firm employing the at-
torney; or
(d) Have a business or employment relationship with the public official who establishes
the trust fund.
~:CTl()N :3:3. (1) Except as provided in subsection (3) of this section, any person may
contribute to a legal expense trust fund established under sections 29 to :{7 of this 2007 Act.
(2) A person may make contributions of moneys to a legal expense trust fund in unlim-
ited amounts. Pro bono legal assistance and other in-kind assistance may also be provided
without limit and is considered a contribution subject to the reporting requin~ments of se(:-
tion :15 of this 2007 Act.
(:3) A political committee as defined in ons 2(iO.005 that is a principal campaign t~ommit-
tce may not contribute to a legal expense trust fund.
tlJ~CTION :14. (1) A trustee of a legal expense trust fund shall establish a single exelusive
account in a financial institution, as defined in ORS 706.008. The financial institution must
f.~nn\Il('<i S"11:'1" n,ll ](l IS1\ H)-C)
1';11:1' :;:1
be located in this state and must ordinarily conduct husiness with the general public in this
state.
(2) The trustee shaH maintain the account in the name of the trust fund.
(3) All expenditures made by the trustee shall be drawn from the account and:
(a) Issued on a cheek signed by the trustee; or
(h) Paid using a debit card or other form of electronic transaction.
(4) A contribution received by a trustee shaH be deposited into the account not lat,~r than
seven calendar days after the date the cont.ribution is received. This subsection does not
apply to in-kind contrihutions received.
(5) This section does not prohibit the transfer of any amount deposited in the account
into a certificate of deposit, sto(~k fund or other investment instrument.
(6) The account may not include any public or private moneys or any moneys of any
other person, other than contributions received by t.he trustee.
(7) A trustee shall retain a copy of each financial instit.ution account statement. from the
account des(~ribed in this section for not less than two years after the date the statement
is issued by the financial institution.
B~CJJ9N as. (J) The trustee of a legal expense trust fund shall, according to the sched-
ule described in subsection (3) of this seetion, file with the Oregon Government Standards
.and Practices Commission a statement for the applicable reporting period showing contrib-
utions received by the trustee and expendit.ures made from the trust fund account estab-
lished under section :J4 of this 2007 Act.
(2) Each statement shall list:
(a) The name and address of each person who (~ontributed an aggregate amount of more
than $75, and the total amount contributed by that person;
(b) The total amount of contributions not listed under paragraph (a) of this subscetion
as a single item, but shall specify how those contributions were obtained;
(c) The amount and purpose of e~wh expenditure and the name and address of eaeh payee;
and
(d) The name and address of any person contributing pro bono legal assistance ~Illd the
fair market value of the assistance provided by the person.
(3) Statements required to be filed with the commission under this seetion shall be filed
a(~eording to the schedule des(~ribed in section 23 of this 2007 Act.
(4) If no contributions are received and no expenditures made during the reporting pe-
riod, the trustee shall file a statement indicating that no contributions were deposited and
no expenditures were made.
(5) The trustee may amend a statement filed under this seetion without penalty if the
amendment is filed with the commission not later than 30 days after the deadline for filing
the statement.
SECTION 36. 0) A legal expense trust fund established under sections 29 to :n of this
2007 Act may be terminated by:
(a) The public official who (~stablished th(~ trust fund;
(b) Subject to subsection (2) of this section, the terms of the trust agreement; or
(c) The Oregon Government Standards and Practices Commission following a determi-
nation by the commission that a violation of any provision of ORS chapter 244 has occurred
in connection with the trust fund.
(2) A trust agreement may provide that a legal expense trust fund is terminated not later
than six months following the completion of t.he legal proceeding for whieh the fund was es.
tablished. Upon application of the public official who est.ablished the trust fund, the com-
mission may extend the existence of the trust fund to a specified date if the commission
determines that the public official has incurred legal expenses that exceed the balance re-
maining in the fund. If the commission extends the exist.ence of t.he trust fund, the trust
fund terminates on t.he date the extension expires.
!':nro!!t-J S(",,,!,_, Bill 10 (SB l(J.Cl
P::g" ').1
(:{) Folilowing termination of a legal exp(~ns(' trust fund, th(~ trustee may not accept con-
tributions to or make expenditures from the fund.
(4) Not later than 30 days after a trust fund is terminated, the trustee of the fund shall
file with the commission a final report listing the totals of all contribution!') made to the fund
and all cx-penditures made from the fund.
SECT!QN 37. (I) Not later than :{O days after a legal expense trust fund is terminated,
the trustel~ of the fund shall return any moneys remaining in the fund to contributors to the
fund on a pro rata basis.
(2) If the legal proceeding for which the trust fund was established results in an award
of attorney fees, costs or any other money judgment award to or in favor of the public offi.
cial, amounts awarded shall be distributed in the following order:
(a) To pay outstanding legal expenses;
(h) To contributors to the trust fund on a pro rata basis; and
(c) To the public official or, if required by the trust agreement, to an organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code.
CONFOHMING AMENDMENTS
SECTI~)N :18. OKS L9:~,70B is amendpd to read:
2~n.7ot~. (I) As Ilsed in this section:
(a) "Businpss" has the lllpaning gIV{~n t.h,lt tprrn in OI{S L44,020.
(Il) .'Business with which the person is associilted" hilS the meanlng given that tl'rm 111 OHS
~'H,()~I)
(c) "'Relative" has the Illeaning glven that term in Ol{,:-j L,11.0:20.
(~) Whl'n a member of the Oregon Investment Council bl~comes aWdre that actio!} on a matter
pendIng before the council might lead to privaLp pecuniary benefit or detriment to the person, to a
reLJlIv[~ of the person or to a bUSlIlCSS with w}llch the person OI" a rc1J.tive of" Ow person is associ-
,llp(l, the membl'r shall noti(y in writing th(' St.ate Treasurer o[ the Chid' Deputy State Tn~asunT
t.h<1t any actIOn, decision or recommendation by the olPrnbCf might constitute an actual or potential
conflict of" intprpst.. The member shall provide the notIce not. latl'r t.han three bus1l1es:; days J.f'ter the
member becomes aware of the possibillt.y of ell) actual or potential conflict..
(:1) Subsl'ction C2) of" this section does not apply if the pl'cuniar.y !)('nefit or cletrinwnt ansl'S (jut
of circllm:;tances described in OH.S 2,14.020 [(J4){u) 10 (c-J] (ll)(a) to (c)
(,1) I'\ot.hmg in this sect.ion excuses a member of the council from compliance with OW.; 2,11,120.
SECTION :38a, Ol{S 2:11.110 is amended to read:
---."-
21'1. 1 to. (]) Any statement of economic inll~rest !"(~quired to be filed by om; L44.0GO, 24tJ.OfjO.
:2'14.070, 2.H.ORO, 2:14.090 or 211.100 or by rule Shill] contain or be verifIed by a written dccldration
that it is made under the p('nalties of false sWl'aring. [Such] The declaration [sholl he] is in licu
of all.y oath otherwise required.
(2) [Nol A person [shall I may not willfully make and subscribe any return statement or other
docullIPnt [,',vhich [ that contains or i", verified by (l written declaration that it ]s made under penal-
ties for faL,:c swearing, which the person docs not believe to be true and correct to <'very mnttl'r.
~~.~;TION 3l!.~ If House Bill 2595 becomes law, section :-lHa of this 2007 Act (amending nits
244.110) is repealed.
MISCELLANEOUS PHOVISIONS
!?)~CTI'~N 39. (1) Section 18 of this 2007 Act is added to and made a part of ORS 244.010
to 244,010.
(2) Section 24 of this 2007 Act is added to and made a part of ORS chapter 244.
S~~CTION :Wa. ORS 2:11.:390. as amended by section 2, chapter _, Oregon Laws 2007 (Enrolled
I louse Bill 259,1)), is amended to read.
r:nrol](.ci :-;(~I1;d,f' Hill 10 (,'-;11 Hl-(;)
l'''gP :E,
244,:~~)(). (1) ^ pen;dt,y or- .'ianction impo:wu lissucd] by t.he Oregon Government Et.hics COllllnis-
sJOn lor (J (,(JUrt) undt'r thIs chapt.l'f is in additlOn to ;1nd not in lU'll of <ln,I.' other pl'n;llLy or ;;nnr!lon
that may be impo:--wd acc:ording to law
(2) I1cforp rllnkHlI..; a finding t.hat there is CaIL'i" t.o undcrtakl' an investigation under OHS 2;1/1.260
and hefore impOSIng n civll ~)('n:lll.'r' under OI{S 244:1S0 or 244.:'3(;0, the commission lor (J COllI"! I shall
consider the public inler('s! and Dny other pPllalt.,v or sanctio!l that has bel'll or may be imposed on
t.he publIC official as ;l re.'itllt of the same conduct that IS the subject of action by the' COIUlllSSlOn
lor u)llrtj under OW-; 244,2GO
U) ~othing III this cll<lptcr IS intended to af!l:ct'
(il) Any statute requiring disclosure of eCOnOJlllC interest bv ,Iny public offlci,-ll or c;mdidate for
public office
(b) Any statute prohilllling or authoflzing sp('cll'lC conduct on the part of any public official or
c<lndidat.e for public olTlce.
SECTION 39b. SectlOn ;), chapter _, Oregon Lnvs 2()()7 (Enrolled HOllse Bill 2fi9G), is H[lU'IH]ed
lo rend:
Sec. 5. (1) For the purpose of pratl,cting ag,lInst violations of tlw prOVISlOns of' tlllS chapter, a
sLlte agency, as dl'f"ilwd 1Il OH,S 183.750, or a stat(~wid(' aSSOCintlOll of public bodies, as d(>j"ineu ill
()]{S 17,1. ]()~, may adopt rll]{~S or policips interpreting the provisions of this chaptl'r The full;S or
POlICi('s mw;t be consistent with the provisions or t.his chapter. A state agenc,V or a statewide asso.
ciatlOll of public !lodil's m;IY submit rules or policil's adopted under this subsection to the Oregun
(;overnment Eth](:s Co!tlllllssion for review.
(2) Upon reCC1VlJ)g ru]es or policies submit.ted under subsection (1) of this s{~ction, the commis-
SHm shal] review the rules and policies to dcterrniJl(~ whdher the rul(~s and policies are consistent
\vith the provisions of this chapter. The commissioll, by a vote or a maJority of t.he mf'mlwrs of t.he
commisslOll, shall approv(' or reject the rules or pollcies The commission shall noti(v the stat.e
agency or slatew)(le :lssociation of public boches in writing of the commission's approval or n'-
jecLion. ^ written notice of rejection shall explain the reasons for the rejectlOn.
ell Unless tl-w ilPpliclble rule or policy is :llllended or n'fwaled by the state agl'IlCY or the
statewide associat.ion of Pllbllc bodies, the COlllIlllssion lor (J cOllrtj may not impose a pl~na]ly under
OW~ 244.:~;)O or 244.:JGO on a public olTicial for any good faith action the official Llkes in complrancc
wit.h a rule or policy th;lt. was :Jdopted by the state agency that the ol"ficia] serves, or by a sLlt.ewide
aSSOCIation of which the public body that the ofllci,d Sl~rves is [l member, and approveu by the
commission under subsection (2) of this section,
~El~J~I_ON :m~:.: S('ction 1,1, chapter ___, Ol'cgon Laws 21J07 (Enrolled House Bill 2595), is
,lllwnded to read'
See. 14. (]) Upon the \vriUen reqU(~st of any pC'fson, the executive director of the Oregon Cov-
(,fnment. Ethics CommiSSIon may issue and publish writt.en staff ,.ldvisory opinions on the application
of any provision of' this chapter to any proposed tr<lllS3ction or action or any actual or hypothetIcal
ClrCUll1stance,
(2) Not latcr than :~o days after the date the execut.ive director receives the written request for
a sLJff adVIsory opilllon, the executive director shall lssue either the opinion or 0 written denial of
the request. The written denial shall explain the reasons for the denial. The executive director may
ask the person f(~q\lesting tll!' advisory opinion to supply additional information the executive di-
n~ctor considers lH'ccs;,;ary to render the opinion, The execut,ive director may extend the :30-day
deadline b.v one period not to exceed :~o days_ 'I'll(' executive director shall clearly designate an
opinion IsstlCd under this section as a staff advisory opinion.
C~) Except as providl~d in this subsection, un]es'i t.he staff advisory opinion is revised or revoked,
bd()n~ Imposing any penalty under ORS 21J1.~~50 or :24/1.:~GO, the commission lor a courtj shall wnsidl'r
whether the action that Illay be subject to lwnalty was taken in reliance on a staff advisory opinion
Issued under this section. If a penalty may he imposed on the person who requested the opinion, the
comrnisslO!l [or c'liurl] is not required to consider reliance on the opinion if the commission lor
COllrt] d('j,('rmines that tJlP person omitted or misst.at.ed matenal facts in making the n'quf'st.
Fnrnl1"rl '"-:"",d" Hill In (c;H 11l-C~1
!',' g;' '~{;
(tI) At each ['cgular meeting of the comnnsswn, t.he t'x(~cutiv(' direc!.or shall re)lort to the com.
IlllSsioTl on all staff advisor)' oplr110ns lssued sinC(~ t.he last. regular meet ]ng of the ('(l!l1Tnission The
COIllmlSsioTl on its own motion may isslle <1 commission ddvisory opinion undcr O]{S ~44.2HO on Uw
same facts or circumstances t.hat form t.hc basls for <iny starr advu,ory opinion
BECTJpN 39d: Section 15, chapt.er __' On'gon Laws 2007 (Enrolled lIouse Hill 259.~). 1S
amended to read'
Sec. Hi. (I) Upon the \vntten or oral request. or any person, t.hc executive rl1recl()r or other starf
or the Oregon Government Ethics Commission m,ly is.c;uc written or oral suIT adviu' on the appli-
cation of' ~!,ny provision of this chapter to any proposed transaction or action or ,lny ~lct\J(l] or hy-
pot.hetical circumstance Any written advice not. designated as a starr advisory opinJOn under
sectioll 11\, chapter _, Oregon Laws 2007 (Enrolled House Bill 2595), [or tIllS 2()()7 11('1) is con-
sidered st.arr advice issued under this section
(2) Before imposing any fwnulty under O}{S 2,H,:~;)() or ~44_:lf)0, the l'OIllIllIS.'i]OTl In,- (I CO/lIt] may
consider whether t.he action that. may be suhject to penalty was Llken in f(.]j,HlU> on staff advice
issued under ttllS section
SECTION :~ge. Section tlOb, chapter ____, Oregon Laws L007 (Enrolled House Hill 2f19S), IS
amended to rpad:
Sec. 40b. (1) The amendment.s to ORS 2.14.250 hv section 1, chapter _, Ort'gon Laws 2007
(Enrolled House Bill 2595), lof this 2007 Actl are inten(jpd to changp tlH' name of the "Oregon
Government St.andards and Practices ComnW-ision" to tl)(> "Orpgot) (;OvcrJIlTH>nt Et.hics
Commission. "
(~) The amendments to OJ{S 241\.:34S hy section tlOa, chapter _, Oregon Laws ~007 (Enrolled
House Bill 2595), IO{lhis 20()7 Adl are int.ended to change tlH' name of the "()n~got) Covcrnnwnt
Standards and Practices Commission Account" to the "On>gon Government Eth]cs ('ommission Ac-
counL"
(:3) For the purpose of harmonizing and clarifying statute sections pllblJslwd in Oregon l{evised
Stat.utes. the Legislat.ive Counsel may substitute for words design:lting till.' "Oregon Government
Stancbnls and Practices Commission," wherever t.hey occur in Oregon J{l'vl.'ied ~t:1111((oS, other word.'i
designat.in/": the "Ofl>gon Government Ethics Comm]ssion."
(4) For the purpose of harmonizing and clarif~yiJ1g statute s(>ctions puhli.'ihed in Oregon Heviscd
SLlt.\lt.CS, be Legislative Counsel may substit.ute ror words cJpsignating th(. "On'gol1 (;oVl'rnnwnt.
St.antbrds ilnd Practices Commission ^ccount,~ \vherevcr they occur in Oregon Rcvi~pd Statut.es.
other word:.; designating the "Oregon Covernment. 1,:t1lJCS Commission Account.
(5) Any reference to the Oregon Government Standards and Practices Commission in an
Act enacted by the Seventy-fourth Legislative Assembly and not published in Oregon Revised
Statutes i~ considered a reference to the Oregon (;overnment Ethics Commission.
(6) Any reference to the Oregon Government Standards and Practices Commission Ac-
count in an Act enacted by the Seventy-fourth Legislative Assembly and not published in
Oregon Hcvised Statutes is considered a reference to the Oregon Government Ethics Com-
mission A(:eount.
Sl<~~TION 40. (1) Sections 1 to 5, 15a, 15b, 18, 22, 23, 2:~a, 21, 28 and 29 to :n of this 2007
Act and the amendments to ORS 171.725, 171.730, 171.735, 171.740, 171.715, 171.750, 171.772,
171.9!12, 241.020, 244.040, 244.045, 244.050, 244.060, 244.070, 241.100, 244.110, 211.280, 244.290,
244.350, 244.:~60, 2HO.407, 293.708, :-l51.067 and 35:~.270 by sections 6 to H, 9, 10 to 15, IH, 17, ]9
to 21, 25 to 27, 38 and 3Ha of this 2007 Act become operative January 1,2008.
(2) The Oregon Government Standards and Practices Commission and any other public
body as d(~fined in ORS 174.109 may adopt rules or take any other action before the operative
date specified in subsection (1) of this section that is necessary to enable the commission
or public body to exercise, on or after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the commission or public body by
this 2007 Act.
Ellrollpd Scnatl' Hill ]0 (SB lO-Cl
l';l,L'p:n
BECT~9l\l__i!.: (1) Section 5 of this 2007 Act and
171.750 by sections 6d and 7 of this 2007 Act apply to
porting periods beginning on or after January 1. 2008.
(2) The first statement filed under ORS 171.745, as amended by sed ion 6d of this 2007
Act, shall include amounts expended prior to ,January I, 2008, that were not included in a
statement filed prior to January 1, 2008.
(3) Notwithstanding ORS 171.750, as amended by
quired to file a statement under ORS 171.750 for the
m(~nt not later than January 31, 200S.
(4) The amendments to ORS 171.772 and 244.2HO by sections 8 and 9 of this 2007 Act apply
to statements required to be filed on or after January 1, 200ft
(5) The amendments to ORS 171.992 and 244.:350 by sedions 10 and 11 of this 2007 Act
apply to:
(a) Violations of any provision of ORS 171.740 to 171.7()2, any rule adopted under ORB
171.725 to 171.785, OUS chapter 244 or any resolution adopted under ORS chapter 244 occur-
ring on or after ,January 1,2008;
(h) Violations of ORS 29:l.70R occurring prior to, on or after ,January 1, 2008; and
(c) Statements of economic interest required to be filed on or after ,January I, 2008.
(6) The amendments to ORS 244.:160 by section 12 of this 2007 Act apply to violations of
any provision of ORS chapter 244 occurring prior to, on or after January 1, 200H.
(7) The amendments to ons 244.050 by section 1:~ of this 2007 Act apply to statements
of economic interest required to be filed on or after ,January 1, 2008.
(8) The amendments to OR.." 260.407 by s(~ction 14 of this 2007 Act apply to expenditures
or distributions of contributions made on or after .January 1, 200S.
(9) The amendments to ORS 244.045 by section 15 of this 2007 Ad apply to persons who
cease being members of the Legislative Assembly on or after ,January I, 200S.
SECTION 42-.: (1) Section 18 of this 2007 Act applies to gifts received or made on or after
,January 1, 200S.
(2) The amendments to ORB 244.020 and 244.()40 by sections If; and 17 of this 2007 Act
apply to activities that occur on or after .January 1, 2()()8.
(:1) Section 24 of this 2007 Act applies to honoraria solicited or re(~eived on or after .Jan-
uary I, 200B.
(4) The amendments to ORS 244.060 and 244.100 by sections 19 and 21 of this 2007 Act
apply to expenses received or paid on or after ,January I, 2008. A public official shall list on
the first statement of economic interest filed after ,January 1, 2008, all expenses the public
official received prior to .January I, 2008, that were:
(a) Uequired to be reported under ORS 244.()f)() on the day before .January 1, 2008; and
(b) Were not reported on a previous statement of economic interest the public official
filed.
the amendments to
statements required
OHS 171.745 and
to he filed for re-
section 7 of this 2007 Act, a person re-
calendar year 2007 shall file the state-
(5) The amendments to ORS 851.067 and :~5:t270 by sections 26 and '27 of this 2007 Act
apply to compensation received on or after ,January 1, 200S.
SECTION 43. (1) Sections 29 to :J7 of this 2007 Act and the amendments to ORS 244.020,
244.040 and 244.350 by sections 11, 16 and 17 of this 2007 Act apply to legal expense trust funds
established for legal proceedings commenced prior to. on or after January 1, 2008.
(2) The amendments to ORS 244.020 and 244.040 by sections Hi and 17 of this 2007 Act
apply to contributions made to legal expense trust funds on or after January 1, 2008.
SECTION~..: (I) Any proceeding, action, prosecution or other business or matter
undertaken or commenced before January 1, 2008, by the Oregon Government Standards and
Practices Commission under any provision of ORS (~hapter 244 and still pending on .Jlanuary
I, 200R, shall be conducted and completed by the commission in the same manner, under the
same terms and conditions and with the same effect as though undertaken, conducted or
completed before January 1, 2008.
l'~nmllf'(1 Spr1;ll.l' HLlI III (SB 10-(;)
I'agl' :-:\1,
(2) Nothing in this 2007 Act relieves any person of any obligation with respect to any tax,
fcc, fine, civil penalty or other charge, interest, penalty, forfeiture or other liability, duty
or obligation.
~ECTION 45. (1) The amendments to OilS 214.020, 244.0:')0, 244.060 and 244.070 by sections
la, Hi, 19 and 20 of this 2007 Act apply to statements required to be filed with the Oregon
(;overnment Standards and Practices Commission for reporting periods beginning on or after
.January 1, 200S.
(2) Sedion 2:~ of this 2007 Act and the amendments to ORS 244.]00 by section 21 of this
2007 Act apply to statements required to be filed and notices required to be provided for re-
porting periods beginning on or after January I, 200H.
_SECTJQN _4(). (1) Except as provided in subsections (2) and (:~) of this section, section 23a
of this 2007 Act and the amendments to ons 244.1)40 (5) by section 17 of this 2007 Act apply
to public officials who cease to hold positions as public officials on or after .January I, 200S.
(2) Ex(~ept as provided in subsection (:j) of this section, section 2aa of this 2007 Act and
the amendments to ORS 244.040 (5) by section 17 of this 2007 Ad apply to puhlie officials
holding elective public office whose terms of office begin, or who are appointed to the office,
on or after January I, 2008.
(;l) Section 23a of this 2007 Act applies to an individual who ceases to hold the position
of State Treasurer on or after .January 1, 200S.
.s.E(~~ON 47. If 1I0use Bill 2G9;"'i becomes Lnv, ,..;('dinn 40 (If this 2007 Act is arrH'ndec! to read:
Sec. 10. (I) Sections 1 to S, 15a, 1:")h, lA, 22, 2:J, 2:1a, ~'1, 2S ilnd 29 to :37 of t.his 2007 Act and
thf~ amendments to ORS 171.725, 17L7:~O, 171.7:~5, 17] 7.-10, 171.7,1;), 1717:')0,171.772, 171.992,2'14.020,
2tl1.(HO, 244.()15, 244.050, 211.060, 244.070, 244.100, 2.14,110, 244.2S0, 2'H.290, 21.1.;~50, 2.H,;160, 260.407,
2D:~.70S, ;01:")1.067 and :~5:1.270 by sections 6 t.o S. 19) 9c, 10, 11a, 12a, 13 to 1,S, 116J ]()a, 17, 1B 110
:21J, 20, 2Ia, l2S toJ 25a, 26, 27, :1H and :m~l of" this 200? Act. hecome operative ,!anIJary 1, 200tS.
(2) The Oregon GovernnlPnt IS'fandords and J>rocfICf'SJ Ethics Commission and any ot.her public
body as defined in OH.S 171.109 may ,Idopt. rilles Or" t:lke ,lny other acLion befon~ the operat.ive date
specd.i(~d in subsection (1) of" this sectioTl t.hat. IS neccss:lry t.o e/Jable t.he commission or public body
to exercise, on or after the operative dat.e spl'cificd ill suhspdion (1) of t.his section, all the dut.ies,
f"uncLlOns ilnd powers confencd on thf' commission or Pllbhc body b.y t.his 2007 Act.
SECTION 48. If HOllse Bill 259fi becomes law. section 41 or. t.}w; 2007 Act is amended t.o read:
---..----
Sec. 41.. (1) Sf'dion 5 of this 2007 Act. and t.he :llllendnH'Ilts t.o OI{S ]71.7,1:") and 171.750 by
sections (;d and 7 of this 2007 Act. apply to stat.elllcnt.s rf'quircd to be Cill'd for reporting periods
beginning on or afler January 1, 2008.
(2) The first st.atement. fIled under OW.,
include amounts expended prior t.o ,January
t.o ,January I, 200H.
(;~) Not.wit.hstanding OW':; 171.7fiO, as anwnded h.v .'i('dinn 7 of t.his 2007 Act, a person f(~quirt~d
to f"ile a statement under OHS 17L750 for t.he cal(~ndar year 2007 shall fJlf~ the ::;tatemcnt not later
t.han ,]anumy 31, 200H
(1) The amendment.s to ORS 171772 and 244.290 by spctiom 8 and I.9J 9c of this 2007 Act. apply
t.o statements required t.o he filed on or after ,January!, 200S
(5) The amendments t.o OH.S 171.992 and 2,t1.;{GO by sedions 10 and I11J 11a of this 200? Act
apply Lo:
(a) Violations of any provision of
to 171.785, ORS chapter 244 or any
on or after January 1, 2008:
(h) Violations of ORS 29:3.70H occurring prior to, on or after ,January 1, 2008; and
(c) Stat.ement.s of economic interest required to be f"iled on or after ,January I, 2008
(6) The amendments t.o ORS 211,:H-i0 by section 1121 12a of t.his 2007 Act apply t.o violations of
an.y provision of" ORS chapt.er 24,1 occurnng pnor to. Oil or after ,January 1, 200K.
171.7tt5,
I, 200H,
as alllcnded b)' sect.lOn od of this 2007 Act, shall
tfLlt. \ven~ not. included in :1 st.atclllent filcd prior
ORS 171 ?10 to 171.762,
resolut.ion adopt.ed undpr
;lny rule ,Hjopted under OES 171.725
OES [chapter 241J 244.160 occurring
E'1,.,)!]Pd S(.n,'[J' .!-Iii I HI ISH ]ll_C)
1':11',(' :19
(7) The amcndmcnb to ORS ~.1tl.O:""iO b.v scctj(lI] 1:l or this 2007 Act apply to stdtcnwnts 0[" eco-
nomic interest rcqlJln~d t.o he Iller! on or after ,/;In)];]!'}' 1, LOOH
(H) The <lIllCllllIllPnts to OI{S ~(-jOA07 by St~L't.lOn ),1 of tIllS 2007 Act apply to expenditures or
{bstributlons of contrlbutlOlls m,Hle on or (liter ,Ialluary I, 200H.
(9) The amendments to OI{S 2,1IJOIJ5 by sectio]) 1.'1 of this 2007 Ad apply to persons \\'ho cease
being members of the Lpgi:-dat,ive Assembly on or ,dt{~r ,Ianuary I, 20011.
SECTION_~ft: [f' I lOlls!' Bill 2;""i95 becomes law section 42 of nus 2007 Act lS anwnded t,o read,
Sec. 42. (]) Sectlon 18 of this 2007 Act applies to gl!tS received or m(lde on or after ,J.:ll1unry
1,200H
(2) The a.Ill{~ndlllent.'-i to ORS 244.020 and 2+U),1O by sectIOns I UiI 16a and 17 of this 2007 Act
apply to activities th,lt OCl'ur Oil or after ,Januar.v 1, 2()OH
(:~) Section 2,1 of this 2007 Act applies to honoraria solicited or received on or al1er ,Janu,lry I,
2008.
(4) The amendments t.o ORS 244.06{) and 2.1--1 100 h,v sections 19 and 12Il 21a of tlw; 2007 Act
apply to expenses tTceivcd or paid on or ,dler ,January 1,2008, ^ public official shilll list on tlw fir~t
statement of economic 1Tllt~n~st filed aft.pr .],JnU,lfV I :!OOH, all expenses thp public offiCl,ll recpivpd
prior to ,Januar.y I, 200,s, Lhat were:
(a) I{equirpd to he reported under ems 24,U)tj(l on the day before ,January I. 2(JOH; Clnd
(b) \Vere not reported on a previoUS statement of ecollomic interest the Pllillic oflici,d filed.
(5) The amendnwnts to OI{S :L''d.OG7 and :l;""i:~.27() by sections ~6 and 27 of this 20()7 i\ct, apply to
compensation rpceivcd on or after January I, 200H.
SECTION 50. If House Bill 2G9~) becomes 1;1\\/. scct.lOn 4:l of this 2007 Act is amended to read.
Sec. 43. (1) Sections 29 to :n of this 2007 Act. and thp ,lmendmenLs t.o ()I~S 2,14,020, ::;.1<1.040 (Ind
241.:350 by sections Ill, 161 11a, 16a and 17 of this 2007 Act apply t.o legal expense trll.';t funds es-
tablished fOT legal proceedings commenced prior to, Oil or after .January I, 2008.
(2) The ampndments t.o OJ{S 244.020 and 244.04() b.y sections I1GI 16a alld 17 of this 20()7 Ad
apply to contributions made to legal expense trust fllnds on or after ,January 1. 200H.
SECTION 51. If lIouse Bill 2.')95 becomes bw, s(,ction .15 of this 2007 Act is amended to read,
Sec. 45. (1) The amendments to O}{S 244.020, 2'14.0;)0, 2;H.OG{) anu 244.070 by sections l:{, l16J
16a, 19 and 20 of this 2007 Act appl,y to statclIlPnU; J'('quired to be filed with the Oregon (;overnmenl
IS'tandanls and flradic('s] Ethics Commission for r('porting periods h('ginning on or <lftpr ,hnuary
I, 200H.
(2) Section 2:1 of thi.c; 2007 Ad and trIP alIl<'IHlnH~nt~ to O]{S 244.100 by spct.io!1 121 J 21a of this
2007 Act apply to statements required to be filed and notices required to be providt'd for reporting
periods beginning on or after January 1, 200H.
~'!';~~TIO~.~~ The unit captions used in this 2007 Act arc provided only for the conven-
ience of the read(~r and do not b(~eome part of the statutory law of this state or express any
leg-isIative intent in the enactment of this 2007 Act.
SECTION 5:~. This 2007 Act heing nen~ssary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
on its passage.
E'1,o!1ed S"fl:l~e !@ t I) (SH ]11.1')
!',l;;~' ,10
Passed by Senate ,June 20, 2007
Hcpassed by Senate ,June 27, 20tH
Passed by House ,June 27, 2007
Er'f"ll,!,J S'-'!l'dy l~ill 111 (SH J(l_(~)
:-Jeer-pLafV oj' :-Jpn;lt,'
Pr"(';;idenl. or SI'Il;lle
Sppakl'r of l]ous('
Ben~ived hy (;overnor:
Approved:
M.
:\11.,
Filed in Office of Secrdary of State:
M
, ~(J()7
200i
(;,)vvr!10r
2007
Secretar)' of St;lt\'
]';!w' 41
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
Deletions ~::=J
Annotated to show deletions and additions to the code sections being modified.
Iinod through and additions are bold underlined.
RECITALS:
1. Thc City of Ashland is committed to the highest cthieal standards for its public oft~cials.
2. As a statement in that regard, in addition to any standards set fOl1h by the statc. Ashland has
had its own ethics provision applicable to public cmployees for more than 25 years.
3. As a sign of continuing commitment to the highest ethical standards Ashland desires to
extend application of its ethics provisions to appointed and elected otticials.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
2f-~CTIOJ'lL Section 3.08.020 ofthe Ashland Municipal Code is amended to read:
SECTION 3.08.020 Cnlle of Ethics.
^. Declaration of Policy'. The proper operation of democratic government requires that public officials,
including elected oflleials, appointed officials and employees be independent. impartial and
responsible to the people; that governmental decisions and policy be made in the proper channels of
the governmental structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these goals, there is hereby
established a Code of Ethics for all public officials, whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all public officials by setting
forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is
also the purpose of this Code to assist public officials in determining the proper course of action whcn
faccd with unccrtainty regarding the propriety of a contemplated action, thereby preventing thcm
from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards
in the City service, and to increase public contidence in the integrity of City public officials.
B. ResponsibilitiesQJ P!lQlie Ottlee. Public ottieials arc agents of public purpose and are engaged for
the benet~t of the public. They are bound to uphold the Constitution of the United States and the
Constitution of this State and to carry out impal1ially the laws of the nation, state and the City, and
thus to foster respect for all government They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their ottlce regardlcss of personal
considerations, recognizing that the public interest must be their primary concern.
C. Dedicated Service. All public officials of the City should work to support the political objectives
cxpressed by the e\cctoratc and the programs developed to attain those objectives. Appointive
officials and employees should adhere to the rules of work and performance established as thc
standard for their positions by the appropriate authority.
Page I of 5
FlLENAML\,p c:..J)OCll\'IL-~I\chrisl\:h\LOC\LS---l\Tcl11r Elhics PROPOSU) chang..:s ror SI:COND RLi\DIN(; doc
Public officials should not cxceed their authority or breach the law or ask others to do so, and they
should work in full cooperation with other public officials unless prohibited from so doing by law or
by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly,
in order to obtain preferential consideration in connection with any appointment to the City
service shall disqnalify the candidate for appointment except with reference to unpaid positions
filled by appointment by thc Mayor or Council.
2. Use of Public Propertv. No public official shall request or permit the use of city-owned vehicles,
equipment. materials or property for personal convenience or profit, except when such services
are available to the public generally or are provided as municipal policy for the use of such
employce in the conduct of official business or as a specifically defined benefit in compensation
of employment.
3. Obligations to Citizens. No public official sha\1 grant any special consideration., treatment or
advantage to any citizen beyond that \\'hich is available to every other citizen except as otherwise
permitted by law or ordinance.
E. Conflict of Interest. No public orl,eial, whether paid or unpaid, shall engage in any business or
transaction or shall have a financial or other personal interest, direct Of indirect. \vhich is incompatible
\vith the proper discharge oftha1 public official's official duties in the public interest or would tend to
impair indepcndcncc ofjudgmcnt or action in thc performance of that public official's official duties.
Personal, as distinguished from financial, interest includes an interest arising from blood or marriage
relationships or close business or political association. Nothing herein prohibits a public oflicer from
engaging in any business, profession or employment that is permitted or required as regards the
composition of a Board, Commission or Committee, (e.g. Planning Commissioners engaged in real
estate pursuant to ORS 227.030 or Building Code Board of Appeals, [AMC 15.04.200J mcmbers
engaged in specific trades).
Specific conflicts of interest are enumerated below for guidance:
I. Incompatible Emplo\'ment. No employee shall engage in or accept private employment or render
services for private interests vvhen such employment or service is incompatible with the proper
discharge of that employ'ee's official duties or \\lould tend to impair independence of judgment or
action in the performance of that employee's official duties.
2. Disclosur~).L~:Ql)[isLmtial InfoJlnation. No public official shall, without proper legal
authorization, disclose confidential information concerning the property, governmeli1t or affairs of
the City. Nor shall any public official use such information to advance their financial or privatc
interest, or the financial or private interest of others.
3. Gifts and Favors. No public official shall accept any valuable gift, whether in the form of service,
loan, thing or promise, from any person, firm or corporation which to their kno\vledge is
interested directly' or indirectly in any manner whatsoever in business dealings with the City; nor
shall any such employee (1) accept any gift, I:wor or thing of value that may tend to influence the
employee in the discharge of their duties. or (2) grant, in the discharge of their duties. any
impropcr favor, service or thing of value.
4. Representing Pri\:~t~,_JflJ~rests Before Citv Agencies OL Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency of
the City. An employec shall not represcnt private interests in any action or proceeding against the
interests of the City in any litigation to which the City is a party. unless the employee is
representing himself/herself as a private citizen on purely personal business. No appointed
Page 2 ofS
F]]']~NA\1E \p C:\DO('lJ\1E--1 \chrislch\!.OCA[.S-- ]"".'I'cmp\ -Ethics PRC)])()SED changes for SI-TONl) REJ\I)II'<(j,doc
official shall represent a client for hirc beforc thc board or commission to which that official is
appointed or in any action of proceeding beforc anothcr board, commission or the City Council
on a matter which came or will come before the board or commission to which that official IS
appointed.
No public official shall accept a retainer or compensation that is contingent upon a specific action
by the City.
5. Contracts with the City. Any public otlicial who has a substantial or controlling financial interest
in any business entity, transaction or contract with the City, or in the sale of real estate, materials,
supplies or services to the City, shall makc known to the proper authority such intcrcst in any
matter on wbich that public official may be called to act in an official capacity The public
official shall refrain from participating in the transaction or the making of slIch contract or sale.
A public official shall not bc decmcd intcrested in any contract or purchase or sale of land or
other thing of value unless such contract or sale is recommended. approved. awardcd. cntcrcd
into, or authorized by thc public oHicial in an official capacity.
6. Disclosure of Interest in Legislatioll. Any employee or appointed otlicial who has a financial or
other private interest, and who participates ill discussion with or gives an official opinion to the
Council, shall disclose on the records ofthc Councilor other appropriate authority thc nature and
extent of slIch interest.
7. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses public
officers and employees from compliance with more restrictive state la\vs applicable to the
particular public position, (e.g. Planning Commissioners are subject to more restrictive Conflict
of Interest Provisions pursuant to ORS 244.135.)
F. Political Activity. No emplo)'ee in the administrative service shall use the prestige of their position in
behalf of any political party. No employee in the administrative service shall orally, by letter or
othenvise, solicit or be in any manner concerned in soliciting any assessment subscription or
contribution to any political pariy; nor shall an cmployee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns Cor candidatcs while in thl~ performance
of duties in an official capacity.
No public official shall promise an appointment to any municipal position as a reward for any
political activity.
G. ^pplicability of Code - Emolovces When an employee has doubt as to the applicability of a
provision of this code to a particular situation. they should apply to the City ^dministrator. who is
charged with the implementation of this code for an advisory opinion, and be guided by that opinion
when given. The employee shall have the opportunity to present their interpretation of the facts at
issue and of the applicablc provision(s) of thc code before such advisory decision is made. ^Il such
requests for advice shall be treated as confidential. This code shall be operative in all instances
covered by its provisions except whcn superseded by an applicable statute, ordinance or resolution,
and each statutc, ordinance or resolution action is mandatory, or when the application of a statute,
ordinance or resolution provision is discretionary but determined to be more appropriate or desirable.
H. Applicability of Code - ^poointed and Elected Officials. When an appointed ofllcial or an elected
omcial has doubt as to the applicability of a provision of this codc to a particular situation, they
Page 3 of 5
"'II j-:'\.Ji\r-"lE \p C:\I)OCUME-l \christch\,1 ,()Ci\LS-~ I \Temp\ [;lllies PR(WOSEJ) changes for SECOND RF;\J)IN(;.doe
should apply to the Mayor for a determination and City Council will be informcd oftbe inquiry. Thc
official seeking a determination shall have the opportunity to present any facts they deem relevant to
the determination. They shall also have the opportunity to present any argument they may have as to
what they deem an appropriate determination. The Mayor may request the City Attorney to provide
an advisory opinion based upon the facts presented. The determination of the Mayor as to the
applicability of a provision of this code to a particular situation shall be t,nal, unless a majority of the
Council calls up the determination for revic'vv by the full Council at the meeting t(Jllowing the
determination..
I. Def,nitions:
I) Employee - for the purposes of this section, the term employee shall mean one who is hired and
paid a wage or salary to work for the City other than elected or appointed officials.
2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a
person who is appointed to serve on one of the City's boards or commissions and shall also mean the
City Administrator and City Attorney.
3) Elected Otllcial - for the purposes of this section, elected official shall mean one who is elected
by the registered voters of the City of Ashland to serve the city and shall include: the Mayor, the city
councilors, the city recorder, the municipal judge and the parks commissioners.
.I. Municipal Court Jud!!e. Notwithstandin!! any other provision of this ordinance. the conduct of
the Municipal Court .Jud!!e. an elected ofticial. shall be !!oyerned by the Rules of .Judicial
Conduct of the Ore!!on State Bar (2006 version) specifically incorporated herein and made a
part hereof by this reference.
K. Sanctions. Violation of any provision of this section. determined after notice and an opportunity to
be heard, shall constitute cause for disciplinary action for an employee. or removal of an avpointive
ofticer. Discipline or removal actions shall be in addition to. and not in lieu of. anv other Citv
initiated sanction or penalty authorized bv Title I of the Ashland Municipal Code.
SECTION 2. Section 3.08.010 (B) of the Ashland Municipal Code is amended to read:
B. Scope and Coverage. These personnel policies shall apply to all employees of the City of
Ashland exee!'t f<lr elected oflt"illls. Section 3.080.020 contains policies applicable to eh,cted officials
and aopointive officers. These policies are in addition to and in no way replace, modify or infringe upon
existing union contracts or other agreements bet\vecn the City and its employees. Any existing employee
union contract or agrcemcnt with a non-union employ'ce group is hereby incorporated by reference as
further statcment of the City's personnel policy with regard to wages, hours and conditions of
employment. (Ord 2826 SS. 1998)
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
.2007.
and duly PASSED and ADOPTED this __ day of
_ 2007.
Page 4 of 5
I-'lU':NA\1E \p C:\DOCUME--I\chrislch\LOCt\LS,["Tclllp\ Uhics PROPOSED chang.:::; for SECOND READINCi.doc
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of _.
,2007.
Jobn W. Morrison, Mayor
Reviewed as to form:
Richard Appieello, Assistant City Attorney
Pagt.:::: 5 of 5
FILENAME\,p c:"..J)()CL!'vll:- ]\,chriskb\LOCALS-- I\Tc11lp"" Lthics PRO\'OSED changes ror SECOND RF/\DI;..Jei.doc
I $t- rla~
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
Annotated to show deletions and additions to the code s.ections being modified. Deletions~re
lined through and additions are underlined.
~---_._. .~
RECITALS:
1. The City of Ashland is committed to the highest ethical standards for its public
officials.
2. As a statement in that regard, in addition to any standards set forth by the state,
Ashland has had its own ethics provision applicable to public employees for more
than 25 years.
3. As a sign of continuing commitment to the highest ethical standards Ashland desires
to extend application of its ethics provisions to appointed and elected officials.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read:
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policv. The proper operation of democratic government requires that public "fficials,
including elected officials, appointed officials and employees be independent, impartial and
responsible to the people; that governmental decisions and poticy be made in the proper channels of
the governmental structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these goals, there i:; hereby
established a Code of Ethics for all public officials, whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all public officials by setting
forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is
also the purpose of this Code to assist public officials in determining the proper course of action when
faced with uncertainty regarding the propriety of a contemIllated action, thereby preventing them
from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to mamtain high ethical standards
in the City SCTVlce, and to mcrease public confidence in the integrity of City public officials.
B. Responsibilities of Public Office. Public officials are agents of public purpose and are engaged for
the benefit of the. public. They are bound to uphold the Constitution of the Unitcd States and the
Constitution of this State and to carry out impartially the laws of the nation, state and the City, and
thus to foster respect for all government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations. recognizing that the public interest must be their primary concern.
C. Dedicated Service. All public officials of the City should work to support the political objectives
expressed by the electorate and the programs developed to attain those objectives. Appointive
Page I of 4
officials and employees should adhere to the rules of work and performance established! as the
standard for their positions by the appropriate authonty.
Public officials should not exceed their authority or breach the law or ask others to do so, and they
should work in full cooperation with other public officIals unless prohibited from so doing by law or
by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
I. Interest in Appointments. Canvassing of members of the Councilor Mayor, dIrectly or indirectly,
in order to obtam preferential consideration in connection with any appointment to Ithe City
service shall disqualify the candidate for appointment except with reference to unpaid positions
filled by appointment by the Mayor or Council.
2. Use of Public Propertv. No public official shall rcquest or permit the use of city-owned vehicles,
equipment, materials or property for personal convenience or profit, except when such services
arc available to the public generally or are provided as municipal policy for the use of such
employee in the conduct of official business or as a specifically defined benefit in compensation
of employment.
3. Obligations to Citizens. No public official shall grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other citizen except as otherwise
permitted by law or ordinance.
E. Conflict of Interest. No public official, whether paid or unpaid, shall engage in any business or
transaction or shall have a fInancial or other personal interest, direct or indirect, which is incompatible
with the proper discharge of that public official's official duties in the public interest or would tend to
impair independence of judgment or action in the performance of that public official's official duties.
Personal, as distinguished from fmancial, interest includes an intercst arising from blood or marriage
relationships or close business or political association. Nothing herein prohibits a public officer from
engaging in any business, profession or employment that is permitted or required as regards the
composition of a Board, Connnission or Committee, (e.g. Planning Connnissioners engag<:d in real
estate pursuant to ORS 227.030 or Building Code Board of Appeals, [AMC 15.04.200] members
engaged in specific trades).
Specific conflicts of interest are enumerated below for guidance:
I. Incompatible Emplovment. No employee shall engage in or accept private employment or render
services for private interests when such employment or service is incompatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's omcial duties.
2. Disclosure of Confidential Information. No public official shall, without proper legal
authorization, disclose confidential information concerning the property, government or affairs of
the City. Nor shall any public official use such information to advancc their financial or private
interest, or the financial or private interest of others.
3. Gifts and Favors. No public official shall accept any valuable gift, whether in the form of service,
loan, thing or promise, fTom any person, firm or corporation which to their knowledge is
interested directly or indirectly in any manner whatsoever in business dealings with the City; nor
shall any such employee (I) accept any gift, favor or thing of value that may tend to influence the
employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any
improper favor, servIce or thing of value.
4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency of
the City. An employee shall not represent private interests in any action or proceeding against thc
Page 2 of4
interests of the City in any litigation to which the City is a party, unless the employee is
representing himselflherseJf as a private citizen on purely personal business. No appointed
official shall represent a client for hire before the board or conunission to which that offIcial is
appointed or in any action of proceeding before another board, commission or the City Council
on a matter which came or will come before the board or conunission to which that olTicial is
appointed.
No public olTicial shall accept a retainer or compensation that is contingent upon a specific action
by the City.
5. Contracts WIth the Cltv. Any public official who has a substantial or controlling financial interest
in any business entity, transaction or contract with the City, or in the sale of real estate, materials,
supplies or services to the City, shall makc known to the proper authority such intercst in any
mattcr on which that public official may bc callcd to act in an official capacity. The public
official shall refrain from participating in the transaction or the making of such contract or sale.
A public official shall not be deemed interested in any contract or purchase or sale of land or
other thing of value unless such contract or sale is reconunendcd, approved, awarded, entered
into, or authorized by the public olTicial in an olTicial capacity.
6. Disclosure of Interest in Legislation. Any employee or appomtcd olTicial who has a fmancial or
other private interest, and who participates in discussion with or gives an official opinion to the
Council, shall disclose on the records of the Councilor other appropriate authority the nature and
extent of such interest.
7. More Restrictive State Law Provisions. Nothing in this ordinancc rclieves or cxcuses public
officers and employccs from compliancc with morc rcstrictivc state laws applicablc to thc
particular public position, (c.g. Planning Conunissioners are subject to more restrictive Conflict
of Interest Provisions pursuant to ORS 244.135.)
F. Political Activitv. No employee in the administrative service shall use the prestige oftheir position in
behalf of any political party. No employee in the administrative service shall orally, by letter or
otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or
contribution to any political party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in pohtical campaigns for candidates while in the performance
of duties in an official capacity.
No public official shall promise an appointment to any municipal position as a reward for any
political activity.
G. Applicability of Code - Emplovees. When an employee has doubt as to the applicability of a
provision of this code to a particular situation, they should apply to the City Administrator, who is
charged with the implementation of this code for an advisory opinion, and be guided by that opinion
when given. The employee shall have the opportunity to present their interpretation of the facts at
issue and of the applicable provision(s) of the code before such advisory decision is made. All such
requests for advice shall be treated as confidential. This code shall be operative in all instances
covered by its provisions except when superseded by an apphcable statute, ordinance or resolution,
and each statute, ordinance or resolution action is mandatory, or when the apphcation of a statute,
ordinance orresolution provision is discretionary but determined to be more appropriate or desirable.
Page 3 of4
H. Applicability of Code - full'ointed and Elected Officials. When an appointcd official or an elected
official has doubt as to the applicabIlity of a provision of this code to a particular situation, they
should apply to the Mayor for a determination and City Council will be informed of the inquiry. The
official seeking a detennination shall have the opportunity to present any facts they deem relevant to
the detennination. They shall also have the opportunity to present any argument they may have as to
what they deem an appropriate determination. The Mayor may request the City Attorney to provide
an advisory opinion based upon the facts presented. The detennination of the Mayor as to the
applicability of a provision of this code to a particular situation shall be final, unless a maJoril1y of the
CouncIl calls up the determination for review by the full Council at the meeting lollowing the
detennination__
1. Definitions:
1) Employee.. for the purposes of this section, the term employce shall mean one who is hired and
paid a wagc or salary to work for thc City other than clccted or appointed officials.
2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a
person who is appointed to serve on one of the City's boards or commissions and shall also mean the
City Administrator and City Attorney.
3) Elected Official - for the purposes of this section, elected official shall mean one who is elected
by the registered voters of the City of Ashland to serve the city and shall include: the Mayor, the city
councilors, the city recorder, the municipal judge and the parks commissioners.
J. Sanctions.. Violation of any provision of this section, detennined after notice and an opportunity to
be heard, shall constitute cause for disciplinary action.
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
and duly PASSED and ADOPTED this _ day of
,2006,
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
Page 4 of 4
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
i Annotated to show deletions and additions to the code sections being modified.
and additions are
Deletions are
RECITALS
I. The City of Ashland is committed to the highest ethical standards for its public officials
2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has
had its own ethics provision applicable to public employees for more than 25 years.
3. As a sign of continuing commitment to the highest ethical standards Ashland desires to
extend application of its ethics provisions to appointed and elected officials.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I. Scction 3.08.020 ofthc Ashland MUnicipal Code is amcnded to read
SECTION 3.08.020 Code of Ethics.
A. Deelaration of Policv. The proper operation of democratic government requires that public officials,
ineluding elected officials, appointed officials and employees be independent, impartial and
responsible to the people; that governmental decisions and policy be made in the proper channcls of
the governmental structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these goals, there is hereby
established a Code of Ethics for all public officials. whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all public officials by sctting
forth thosc acts or actions that are incompatible with thc bcst interests of the City of Ashland. It is
also the purpose of this Code to assist public officials in determining the proper course of action when
faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them
from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its mtent to maintain high ethical standards
in the City service, and to increase public confidence in the integrity of City public offiCials.
B. Responsibilities of Public Office. Public offiCials arc agents of public purpose and arc engaged for
the benefit of the public. They arc bound to uphold the Constitution of the United States and the
Constitution of this State and to carry out impartially the laws of the nation, state and the City, and
thus to foster respect for all government. They arc bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations, recognizing that the public interest must be their primary concern.
C. Dedicated Service. All public officials of the City should work to support the political objectives
expressed by the electorate and the progranls developed to attain those objectives. Appointive
officials and employees should adhere to the rules of work and performance established as the
Page lof5
II Fll"ENAMF \p CmOClJMIH \christcb\LOCALS-l ITcmpl-RI-:IJEthlcS PROPOSED changes lilf SECOND
READlNG.docl
standard for their positions by the appropriate authority.
Public officials should not exceed their authority or breach thc law or ask others to do so, and they
should work in full cooperation with other public omcials unlcss prohibited from so doing by law or
by officially recognized confidentiality of their work.
D. Fair and Equal Treatmcnt.
1. Interest in Appointmcnts. Canvassing of members ofthc Councilor Mayor, directly or indircctly,
in order to ohtain preferential consideration in connection with any appointment to the City
service shall disqualify the candidate for appointment except with reference to unpaid positions
filled by appointment by the Mayor or Council.
2. Use of Public Property. No public official shall request or permit the use of city-owned vehicles,
equipment, materials or property for personal convenience or profit, except when slIch services
are available to the public generally or are provided as municipal policy for the use of such
employee in the conduct of official business or as a specifically defined benefit in compensation
of employment.
3. Obligations to Citizens. No public official shall grant any special consideration, treatment or
advantage to any citizen beyond that whieh is available to every other citizen except as otherwise
permitted by law or ordinance.
E. Conflict of Intereg. No public official, whcther paid or unpaid, shall cngage in any business or
transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible
with the proper discharge of that public officia\"s official duties in the public interest or would tend to
impair independence of judgment or action in the performance of that public officiaPs official duties.
Personal, as distinguished from financial, interest includes an interest arising from blood or marriage
relationships or close business or political association. Nothing herein prohibits a public officer from
engaging in any business, profession or cmploy'mcnt that is permitted or required as regards the
composition of a Board, Commission or Committee, (e.g. Planning Commissioners engaged in real
estate pursuant to ORS 227.030 or Building Coele Board of Appeals. [AMC 15.04.200] members
engaged in specific trades).
Specific conflicts of interest are enumerated below for guidance:
I. Incompatible Emplovment. No employee shall engage in or accept private employment or render
services for private interests when sllch employment or service is incompatible with the proper
discharge of that employee's official duties or would lend to impair independencc of judgment or
action in thc performance of that employee's official duties.
2. Disclosure of Confidential Information. No public official shall, without proper legal
authorization, disclose confidential information concerning the property, government or affairs of
the City. Nor shall any public ofticialuse such information to advance their financial or private
interest, or the financial or private interest of others.
3. Gitis and Favors. No public official shall accept any valuable giti, whether in the form of service,
loan, thing or promise. from any person, firm or corporation which to their knowledge is
interested directly or indirectly in any manner whatsoever in business dealings with the City: nor
shall any such employee (I) accept any gift hwor or thing of value that may tend to inOuence the
employee in the discharge of their duties. or (2) grant, in the discharge of their duties, any
improper favor, service or thing of value.
4. Rcprcsenting Private Interests l3efore Citv Agencies or Courts. No employce whosc salary is
paid in whole or in part by the City shall appear in hehalf of private interests before any agency of
the City. An employee shall not represent private interests in any action or proceeding against the
interests of the City in any litigation to which the City is a party, unless the employee is
Page 2 of 5
I-'ILLNAME \p C:\])OCUME 1\,chrish:h\LOCAIS--r"Tem)l\ RFDFthics PROPOSED changes for SI:CO:-JD
REAI)IN(i.doe
representing himsclf/herself as a private cItizen on purely personal business. No appointed
official shall represent a client for hire bel,)re the hoard or commission to which that official is
appointed.~r in any action of proceeding before another board, commission or the City Council
on a matter which came or will come before the board or commission to which that official is
appointcd. .'
No public official shall accept a retainer or compensation that is contingent upon a specific action
by the City
5. Contracts with the City. Any public official who has a substantial or controlling financial interest
in any business entity, transaction or contract with the City, or in the sale of real estate, materials,
supplies or services to the City, shall make known to the proper authority such interest in any
matter on which that public ofticial may he called to act in an official capacity. The public
official shall retrain from participating in the transaction or the making of such contract or sale.
A public official shall not he deemed interested in any contract or purchase or sale of land or
other thing of value unless such contract or sale is recommended, approved, awarded, entered
into, or authorized hy the puhlic official in an official capacity.
6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or
other private interest and who participates ill discussion with or gives an official opinion to the
Council, shall disclose on the records of the Council or other appropriate authority the nature and
extent of such interest.
7. More Restrictive State Law Provisions. '\Jothing in this ordinance relieves or excuses public
officers and employees from compliance with more restrictive state laws applicable to the
particular public position, (e.g. Planning Commissioners are subject to more restrictive Conflict
of Interest Provisions pursuant to ORS 244.135.)
r. Political Activitv. No employee in the administrative service shall use the prestige of their position in
behalf of any political party. No cmployce in the administrative service shall orally, by letter or
othenvise, solicit or be in any manner concerned in soliciting any assessment subscription or
contribution to any political party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns for candidates while in the performance
of duties in an otTicial capacity.
No public official shall promise an appointment to any municipal position as a reward for any
political activity.
G. AJm.[if_~Qili1Y-of Code - Emolovees. When an employee has doubt as to the applicability of a
provision of this code to a particular situation, they should apply to thc City Administrator, who is
charged with the implementation of this code tor an advisory opinion, and he guided by that opinion
when given. The employee shall have the opportunity to present their interpretation of the facts at
issue and of the applicable provision(s) of the code he fore such advisory decision is made. All such
requests for advice shall he treated as eontidential. This code shall he operative in all instances
covcred by its provisions except when superseded hy an applicable statute, ordinance or resolution,
and each statute, ordinance or resolution action is mandatory, or when the application of a statute,
ordinance or resolution provision is discretionary but determined to be more appropriate or desirable.
II. ~rmlie_abjlitv !'LCode - Appointed al1<i11"flecL()lE,ials. When an appointed official or an elected
Page 3 of5
rll.I.;Ni\MI., \p ( :\.r)OCLJMI':~--]\christ(;h\I'<)('i\I.S---I\.]emp --RU)!-:thics PR()P()S]~l) c1lUllgCS for SI.;U)ND
RI::i\I)IN(j,doc
official has doubt as to thc applicability of a provision of this code to a particular situation, they
should apply to the Mayor for a determination and City Council will be informed of the inquiry. The
official seeking a determination shall have the opportunity to present any facts they deem relevant to
the determination. They shall also have the opportunity to present any argument they may have as to
what they deem an appropriate determination. The Mayor may request the City Attorney to provide
an advisory opinion based upon the facts presented. The determination of the Mayor as to the
applicability ofa provision of this code to a particular situation shall be final, unless a majority of the
Council calls up the determination for review by the full Council at the meeting ~ollowing the
determination..
l. Definitions:
I) Employee - for the purposes of this section, the term employee shall mean one who is hired and
paid a wage or salary to work for the City other than elected or appointed officials.
2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a
person who is appointed to serve on one of the City's boards or commissions and shall also mean the
City Administrator and City Attorney.
3) Elected Official - for the purposes of this section, elected official shall mean one who is elected
by the registered voters of the City of Ashland to serve the city and shall inelude: the Mayor, the city
councilors, the city recorder, the municipal judge and the parks commissioners.
_ Sanctions. Violation of any provision of this section, determined after notice and an opportunity to
be heard, shall constitute cause for disciplinarv action
B. ScoDe and Coverage. These personnel policies shall apply to all employees of the Olty of
Ashland
These policies arc in addition to and in no way replace, modify or infringe upon
existing union contracts or other agreements between the City and its employees. Any existing employee
union contract or agreement with a non-union employee group is hereby incorporated by reference as
further statement of the City's personnel policy with regard to wages, hours and conditions of
employment (Ord 2826 S5, 1998)
The foregoing ordinance was first read by title only in accordance with Artiele X,
Section 2(C) of the City Charter on the _ day of
and duly PASSED and ADOPTED this _ day of
Page 4 of 5
I ' FILENAME Ip C:~)OCUMI:-! IchristchlJ.OCAI .8-1 ITcmpl-REDEthics PROPOSED changes !(Jr SECOND
REA])]NG.docl
Barbara Christensen. City Recorder
SIGNED and APPROVED this
davof
John W. Morrison. Mayor
Reviewed as to fonn:
City Attorney
Page 5 of5
I I FILENAMI.: II' C:IIJOCIJMIH \chnslchV.OCALS-I ITcmpl-REIJI':lhICS PROPOSED changes lor SECOND
RI':^I)IN(J_docl
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Oept.:
Approval:
-
September
Police
PF:n~~_ Repol-~Update
18,2007 Primary Stall Contact:
E-Mail:
Secondary ('ontact:
Estimated Time:
Terry Holderness
Ilolderness(a)asbland,oLus
Martha Benne
20 minutes
Statement:
The Police Department has developed an implementation strategy and time line Ilx Implemcnting the
recommendations made by the Police Executive R.eseareh Forum 1"l!owing an audit ol'the department
in 200().
Staff Recommendation:
Stall recommends that Council direct the Chiel' of Police to continue implementing the
recommendations of the PERF report as indicated in the attached tnlleline and with the moditlcations
discussed in this report.
Background:
The puq)ose of the recommcndations set forth In the PFRI, report were to update somc policies,
especially those l'Clated to the use of force, and to develop pohcies and procedures to institutionalize
community policing in the City of Ashland, The attached time line shows those recommendations that
have been completed and projected completion dates 1(11 the nlaJority of the recommendations that
have not been completed, The time line shows th'lt it is the mtention of the Police Department to
implement the majority of the recommendations made In the PFRF report during the next twelve
lllonths.
Many of the aetion items on the time line arc being placed where they arc due to their relationship to
other items that need to be completed first. For example a job specific evaluation process that is based
on an Area Commander system to institute commumty policing cannot be effectively developed until a
determination is made as to what each employee's responsibility is under that system, Many of the
recommendations arc dependent on completion of depanment wide training in Community Orientated
Problem Solving, which was not completed until late August Some action items arc dependent on
hiring of employees that has been delayed until January or next year due to budget issues,
Sever,d or the action items on the chart were not speeilically recommended in the PERF report but
department stalT feels that they are consistent wnh the goals of recommendations made in the report.
For example:
. The PERF report docs not speeitlcally recommend the development or a training plan but a
IlJrinal training plan wil! help institutionali/c alt of the recommendations made in the report
related to training.
. The PERF report did not specilically recommend a school resource onieer but talked about the
need II)r the department to improve reliltlons with teenage memhers 01' the community and
department stalTlce!s that an SRO program is the most el'ICctive way to accomplish that goal.
P:l)!l' ] llf 4
__ (!: 1'1 R.~I1E~lt~_
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CITY OF
ASHLAND
. No mention was made in the PERF report or the specific need to conduct comprchcnsive
leadership training or devc]op a corporal program hut hoth arc attempts to improve department
wide accountahilitv which IS critical to implementing the changes recommended in the report.
Each item on the time line has the numher or the pEI{F report recommendation that is related to that
action item.
Changes from the PERF report.
The department is recommending making several Significant modifications to the PERF report
recommendations.
Thc most significant modllication to the recommendations made In the PI:RF repol-t is the change from
a Ncighhorhood Policing model recommended by PERF to an Area Commander system. Most police
departments that have errective community policing prograllls use one of these two po]ieing models.
There is no genera] consensus in the industry that one system is superior to the other, only that each
Jurisdiction should use the system that hest lits their speci lie needs. The system picked then becomes
the I()cus or community policing and prohlem solving erl()rts In that community.
Alicr evaluating the strengths and weaknesses or hoth systems po]iee department staff is
recommending the use of an Area Commander program lilr thc City of Ashland. Under this systcm
instead of assigning all patrol orlicers to hc responsible fi)r community policing and prohlem solving
erlorts In one of eight beats III the City. as recommended by PERF, each patrol sergeant will he
responsible for coordinating cOlllmunity policing and problem solving efforts in one of four geographic
areas.
The very IIrst reeomlllendation in the I'FRF report '"'' imlllediately to change the departlllents'
mission, vision and values statemcnt. Thc Police Dcpartlllent is recollllllending waiting on this
recommendation lIntil all employecs have had training III prohlem oriented policing and unti] the area
commander program is in place. This wi I] allow the area commanders to identify community members
that arc interestcd in bcing involved in the process and make sure that every area of the City of
Ashland is representcd in the process.
The PERF report made some specific recommendations regarding starling of patrol shi lis. Those
recommendations werc hased on al] orlicers working a traditional five day forty hOllr work week.
Since Officers are now working a fOllr day forty hour work week those reeomlllendations no longer
apply. We have modified staCling levels to be more consistent with our work load. As soon as we arc
able to work with the dispatch ecnter to get regular reports on response time and proactive patrol time
we will reevaluate our stafllng levels using that data.
Recommendation 8 In the PERF report called for changing the method used in determining when
officers receive step increases in pay. Since the orlicers have Illore than two years remaining in a three
year contract thiS issue needs to be evaluated and addressed when the officers' current contract
expires.
Other Signillcant Issues:
Tasers: The PERF report reeOlmnended that the department's taser policy and training be updated
and that all orlicers he Issued a laser. While tasers arc still controversial and have been misused in
P;J,l!C 2 (11-~
C(:~~liRr~~tc
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CITY OF
ASHLAND
some areas there is very httle evidence that a taser when properly used has even been responsible lell
death or serious injury. 1\0 use of physical le)ree tS ever completely saIC and there is some evtdence
that use or a laser I!/(lY pose it risk to people \v'ith ccrt<\in preexIsting Illedical conditions. Evell though
that evidence IS l'lr liom conclusive, policy on the use of a laser should be based on the assumption
that use of d taser docs in l'lct pose a risk to certain people until that assumption is proven to be false.
The depart men I has developed a new policy and will train based on that assumption.
There is also eVidence that when properly used a taser reduces the risk of injury to both suspects and
officers involved in violent confrontations. Even when someone has one of the preexisting medical
conditions that may he impacted hy the use of a taser It is generally safer to hoth that person and
officers involved in the arrest to use a taser rather than other aggressive lelnllS of force. 11 is always
safer for a suspect when an or/icer uses a taser rather than deadly force.
All lasers keep a digital record of the time and dale' of each aeti vation. The new model of taser can be
equipped with an optional audio and video recorder. When so equipped as soon as the lasers' safety is
disengaged tbe recorder is activated. Tbe department has money in our hudget to replace all of our
existing tasers with the new model taser equipped v\ ith the audiO dnd video recorders. The ncw taser
policy requires that any time a taser is used that recording will be down loaded and reviewed to
determine if the usage oftbe taser was witbin department policy.
Downtown Contact Station: While there is no speetlic recommendation in the PERF report tbdt a
contact station he placed in the downtown area police department stalThelieves thdt a contact station is
consistent with the main goals of the PERl. report. Placing of eon tact stations in areas of high traffic is
a standard cOll1Inunity policmg strategy used around the country. ^ contact station improves public
accessibility to police services. In short it is assumed that plaell1g police recourses in locations where
people arc already going to be in large numbers will make it easier t')r those people 10 access those
recourses and services.
The PERF report also made reICrence to the perception by some members of the community that there
is a problem of crime and disorder in the pla!.a arecl. The number of people arrested I,n sales of illegal
drugs in the plaza over the past several months would certall1ly tend to show that there is in I'let a
problem in the plaza area. People are ll1uch less likely to violate the law ICthey think a police officer is
actually in an area or likely to be in an area. ;\ contact station on the pla!.a would increase the amount
of time officers arc actually on the pla!.a by giving them a place to conduct routine husiness such as
report writing, interviews and pbone calls on the pla!.a instead of at the main station. It would also be a
visible reminder to people who might otherwise violate the hlw that an or/ieer might be in the area
even when they arc not.
The Police Department has heen approached by a private business owner who has oflCred an ortlce site
in the downtown area that department stalT reels would he ideal for a contdct station at a very
reasonable rate. The property owner has asked tliat the locatmn not he made public until the City is
ready to make a commitment to leasing the property. fhe property in question is large enough to
maintain a front desk, a separate interview area, an area \vhcrc officers can \vrilc rcports and has
asscssabie parking. lviust irnpunantly the lucation is vcry VJSlhk frOln and has great visibility into the
pla!..a arca. To protect the privacy oCthe person oflCring the lease the exaetloeation of the building will
be disclosed to the Coulleilll1 closed sessioll.
P;I.~'C J uf 4
C('-PERF update
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CITY OF
ASHLAND
Another optIon f()]" a plaza contact statIon would be to place it In the existing City Ila]1 buildIng. The
City will bc remodelll1g the building ]n the near future and could placing a contact station ]n the City
Hall could be donc as part of the remodel. The only area of the City Ila]1 building that would fill the
department's needs f()]" a eontact station would bL' the arca presently used by the recorders oCtice.
While the lowel level of the building is already crowded it should be possible to move some
employees into other 'lreas of the building or other e]ty L]cilities to fiTe up that spacc.
Of the two options Police Department stafC is recommending that the location belonging to the private
party be leased. That location ofTers better visibil]ty cll1d more convenient parking then the City Hall
location and will not cause crowding issucs in the existing City llall bnilding. The original ofTer
included a very L]vorable rental rate to encourage to department to utilize that site. The department
recommends paymg Cull markct price f()r the lease. instead 01' the discountcd rate to reduce any
appearance of a conniet 01' interest.
Related City Policies:
None
Council Options:
The Council may direct the Chief of Pol]ce to implement the recommcndations of the PI'RF report as
recommended in this report or may dircet the Chief to reconsider any oCthe action items presented or
defer acceptance (takc no action) awaiting fi]rther inl(lnllation or clarification.
Potential Motiions:
I make a motion to direct the Chid of Police to go forward with the implementation of the
recommendations of thc PERF report as recolllmended by staCf and enter into negations to secure a
lease for a police contact station f()r the purposes speci lied.
Attachments:
New Police Department organizational chart
Timeline for implementation of action items
Taser policy
I\I\!L' ~ ilf4
CC-PERI lIpd<Jl(~
".11
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PERF Report Time Line
Projected Accomplishment Dates
Recommendation 1:
Police Chief as a strategic leader. Accomp]ished
Chief Holdcmess has set up committees and time lincs for thc task f(nce to
implemcnllhc PERF Report
Update APD Vision, values and misSion statement
Rccommendation 2:
Restructuring of the dcpartmcnt
Promotional process lilr support commander
School Resourcc Onieer implementation
Verify qualifications f(lr positions
Set up roles and responsibilities
Recommcndation 3:
Gathering statistical data
Divide city into areas
Recommendation 4:
Rccruitmcnt/fliring Process
Review of Recruitmcnt/fliring Process
Promotional Process
Rcview of promotional process
Recommcndation S:
Adoption of Police Trainlllg Program
Problem Oriented Training
Leadership Training
Training Plan for al] employees
Rccommendation 6:
Area Command set up
March], 200S
Accomplished
January 1,2008
Junc ],2008
Octobcr I, 2007
December], 2007
Apri] ], 2008
Accomp]ished
Accomplished
Junc ],2008
\!ovember 1, 2007
Junc ], 2008
Junc ],2008
Accomplished
January 2008
July],2008
January],2008
Recommendation 7:
Performance appraisal systcm created
Recommendation 8:
Career Devclopment plan
Recommendation 9:
Wcekly infoJ1natJonals by Chief
Frequent/Opcn communication by Chief to City Administrator
Set up Contact Station
Reinstitute Citi/ens' Academy
Update wcbslte
Dissemination of Policy/Procedures
Recommendation 10:
Update employee disciplinary process
Recommendation II:
Purchase oftasers/update of policy
Critical Incident Management Training
Use of Force panel review
Review Use of Force policy/Lcxipo!
April 1. 2008
February I, 20()8
Accomplished
Accomplished
November I, 2007
April I, 2008
Accomplished
Accomplishcd
January I, 2()08
Dceem her I, 2007
Accomplished
Accomplished
March I, 2()08
TASER POLICY
3.021 PURPOSE
The purpose of this policy is to initiate the use of the Taser electronic
immobilization device and Taser cam audio and video recorder by the Ashland
Police Department. The Department has procured the Taser and Taser cam as
a less-lethal means of subduing physically combative or threatening persons who
demonstrate a willful intent to cause physical injury to themselves, other persons
or officers attempting to take them into custody, so they may be taken into
custody without harm to themselves other persons or to the officers involved The
Taser should be used in accordance with Departmental General Order 3.01, Use
of Force.
3.022 T ASER USE REQUIREMENTS
The Taser may only be used by authorized trained personnel to subdue, control
or take into custody a person whom the officer reasonably believes:
1. Creates an immediate, credible threat to the physical safety of thEl officer,
another person, or the individual himself/herself; AND
2. Unless prompt action is taken to immobilize the person there is a
substantial likelihood the situation could lead to the death or physical
injury of the officer, another person, or the individual himself/herself.
The phrase "the situation could lead to" means that the officer does not have to
wait until lethal force would be justified. At the same time, this language is not
meant to be stretched to cover anything which has the potential for getting out of
hand. The situation must involve an immediate and unmistakable threat.
"Physical injury" is used here as that term is defined in the Oregon Revised
Statues section 161.057(7)1 and means impairment of physical condition or
substantial pain. The potential "physical injury" cannot be something as minor
as, for example, a petite person slapping, pushing, or scratching a much larger
officer.
In addition officers should consider the following when using the Taser:
. The optimum range for firing the Taser is between four to twelve feet.
. The probes are not to be intentionally aimed or fired at the head, neck or
genitalia.
; A 'vvarning should be given to (1 person prior to activating a Taser unless to
do so would place any other person at risk.
. When activating a Taser officers should use it for one standard cycle then
stop and evaluate the situation.
. Loose cartridges should not be carried in the pocket as they can be
discharged by static electricity.
. When possible, have adequate alternative means of back up force
available.
. The Taser shall be carried in a department approved holster and worn
opposite the officer's duty weapon
3.023 FURTHER LIMITATIONS ON TASER USAGE
Even if otherwise authorized under section 3.022, of this policy use of a Taser is
further restricted in the following circumstances:
. A Taser may not be used on persons who are already handcuffed or
persons who are passively resisting or resisting by bracing or stiffening
parts of their bodies unless there is a reason to believe that the person is
in possession of a deadly weapon or has some other means of causing
substantial injury to themselves or others. The facts that justified the
officers belief that the handcuffed person or persons who are passively
resisting, were in possession of a deadly weapon or had some other
m2ans of causing substantial injury to themselves or others needs to be
specifically addressed in the officer's report.
. No more than one officer should activate a Taser against a person at a time.
. The Taser shall not be used on one person more then three times (three
standard 5 second cycles) during one incident.
. That a subject is fleeing is never the sole justification for use of a T aser.
Severity of the offense and the threat of injury to the subject or others
should the subject escape should be considered.
. Tasers shall not be used when a person is in a location where a fall may
cause substantial injury or death.
. Tasers shall not be used in the known presence of combustible vapors and
liquids or other flammable substances.
. Tasers shall not be used against subjects in physical control of a vehicle in
motion to include automobiles, trucks, motorcycles, A TV's bicycles and
scooters.
. Tasers should not be used on pregnant women, elderly persons, young
children ('vvho are obviously !ess then 12 years of age), and visibly frai!
persons.
. The Taser should be primarily used in the "Probe Mode". The Taser
should only be used in the "Drive Stun Mode" when an officer is too close to
a person to use the "Probe Mode" and the officer is attempting to create a
physical separation from that person during a struggle.
Exceptions that would permit the use of a Taser in these circumstances are:
. The person is armed with a deadly weapon.
. The person cannot safely be controlled with other available options.
. The officer using the Taser would otherwise be justified in using deadly
force.
3.024 TRAINING
Initial training of personnel in the correct use and care of the Taser shalll be the
responsibility of the Training Sergeant or Lieutenant. No member of this
Department will be authorized to carry or use the Taser without proper
certification from Taser International (with a valid certificate) and demonstrated
proficiency on department policy. That training shall include a review of medical
evidence related to potential dangers of Taser usage on persons with preexisting
medical conditions. After the initial training, all Taser operators will be required to
attend a recertification class every two years.
3.025 TASER OPERATORS
The Taser may be carried by officers who have completed an orientation course
on its use. Upon availability, Tasers will be issued to authorized operators at the
completion of the orientation course. The Tasers can be carried by those
operators as long as they maintain current training certification.
3.026 TASER TACTICS
Although the Taser has been proven effective, officers should when possible,
obtain sufficient back up prior to using the device. The deployment of back up
officers is essential for the containment of the suspect. When deployed, back up
officers should use caution and avoid standing within range of the Taser. If the
Taser is effective, the suspect will become temporarily incapacitated for a short
period of time. When this occurs, back up officers should move in upon command
of the Taser operator to control and handcuff the suspect. No officer should
remove and display the Taser from its holster in one hand, while displaying a
firearm in the other hand.
3.027 REPORTING USE OF THE T ASER
Aii discharges of the laser shaii be documented In the police report Of me
incident. If the Taser is discharged by an officer other than the primary officer on
the report, a supplemental report will be completed. The officer documenting the
incident shall include the Taser serial number within the body of the report.
Photographs will be taken of the area the Taser probes made physical contact
and or where a touch stun Taser contact was applied to the suspect. The
photographs will be booked into evidence. Taser cartridges that come into
contact with the suspect when deployed will be booked into evidence The
officer booking the cartridge will be sure to remove the probes and place them in
an approved "Sharps" container, prior to booking the cartridge into evidence
The offio3r deploying the Taser shall notify an on duty Sergeant or OIC as soon
as reasonable after an incident occurs in which the Taser was deployed.
3.028 MEDICAL TREATMENT
When possible, AFR shall be notified when officers respond to calls for service in
which it is anticipated that a Taser may be activated against a person All
persons who have been subjected to the Taser shall be treated as follows:
o Once safely in custody, all subject(s) who have had a Taser used on them
shall be checked in the field by a paramedic from AFR.
o All persons that have been subjected to Taser activation should be
monitored regularly while in the department's custody, even if they
received medical care.
o If the Taser probes penetrate the skin, the puncture sites shall be
evaluated and, if necessary, medical attention shall be rendered by the
AFR.
o If the probes are firmly embedded in the skin, they shall be removed only
by the emergency room staff.
If the subject requires hospital attention, the transporting officer shall obtain
medical clearance from the emergency room treating physician for transportation
in a police unit from the hospital to a booking facility, as well as a medical
clearance for booking in the County Jail system or an approved psychiatric
facility.
Used Taser probes should be disposed of in a "Sharps" container by the officer
or the contract nursing service. Officers in the field should place the used probes
in a manila envelope to avoid contact with the probes. The manila envelope
should then be placed in an approved "Sharps" container.
3.029 LOADING AND UNLOADING THE TASER
When loading and unloading the Taser in the police building, the Taser shall be
loaded and unloaded with the Taser on safe, in the patrol equipment room to
avoid the potential for accidents.
3.030 UNAUTHORIZED USAGE
Any use of the Taser device other than to restrain a suspect will be a violation of
the Ashland Police Department General Order 301, and will not be in compliance
with this policy.
NOTE The exception to this is in controlled training classes approved by the
Chief of Police or a Division Commander.
3.031 TASER CAM OPERATION
Taser operators are now able to document their Taser usage via the Taser Cam.
The Taser Cam makes both audio and video records and keeps in its history up
to ninety minutes of records. The Taser Cam is activated when the safety lever is
turned up to the "armed" position. The Taser Cam turns off when the safety is
turned to the down "safe" position.
The Taser Cam has infra-red capabilities and can record in almost total
darkness. All of the videos will be black and white.
When using a Taser equipped with the Taser Cam, Officers should be mindful of
the placement of the camera lens and try to avoid covering them during
deployment, if the camera is covered the G.I.D. will display "88" until it is
uncovered.
The Taser Cam shall not be used to record suspect's actions and document the
incident unless the deployment of the Taser is authorized under this policy or
exigent circumstances exist. If used for documentation purposes, officers should
remove the Taser leads to avoid accidental discharge of the probes.
3.032 DOWNLOADING OF TASER AND OR TASER CAM
Downloading of the Taser or Taser Cam will be conducted by trained personnel
after each deployment in the field. Only pertinent records of the incident will be
included with the officer's report The portion of the records containing the
deployment and one record prior to and immediately after of the incident will be
included to show that no other deployments occurred during the incident. Only
video of the actual incident will be included with the report, no video of prior
incidents or incidents that occur after will be included.
3.033 REVIEW OF TASER USAGE
A copy of the report and all documentation including the download from the audio
and video recording will be forwarded to the Use of Force Committee made up of
the Deputy Chief, the training Lieutenant or Sergeant and the department's use
of force instructor. That committee will review all of the reports and recordings of
the incident and will make a determination if the Taser usage WClS within
department policy. The report along with the findings of the Use of Force
Committee shall then be forwarded to the Chief of Police for review.
Ashland City Council,
We appreciate the changes suggested and those planned for implementation by the Police Executive
Research Forum report. A more comprchcnsive Conductcd Energy Device (or CED) policy was
needed, and we respect this attempt 10 make adj ustments to the current, or lack o[ current policy.
We applaud this action, not only"" a restructure of procedure, but also as an outreach to our
community on and off of SOC's campus. Changes such as, mandatory lraining for all personnel with
CEDs and the placer"cnt 0;' recording devic'cs on CEDs arc absolutely necessary for a safe
environmcnt, considering past APD issues involving CEDs. We also applaud the mandatory training
APD will require for its ot1leers. Wc feel this sets a precedent that has the potcntialto create a sater
perception in regards to all CED type weapons. lu the past. it has been clear that l\PD has not Cully
respected the power of this weapon. Vie feel this changc in policy could be the nrst step to
increasing a\vareness for this issue.
But within this change we also see some parts oCthe policy are lacking.
The pending policies fCH training police officers on CED use and safely are not currently adequate.
We ask Cor an independent training to be developed by APD encompassing not only medical
training, but cultural training and other potential risks that victims oC CED use may cause. This
should include information from multiple studics. including those critical oC CED use, such as the
ACLU and Amncsty International iCat all possible
-
--
First, we would ask that in almost all instances CEDs be treated as or similarly to an officers duty
weapon. We feel it is imperative to reserve the use oC CEDs 10 only the most serious of situations,
those posing direct threat of injury or death, and not as a coercive force to gain compliance. To these
ends we ask that in any case that a LED is un-holstered it be logged in a police report including just
cause for the un-holstering of the weapon. in the same way that the removal of an officers duty
weapon would. We ask this in order that situations such as those currently flooding our local news
outlets about events involving the Medford Police Department can be avoided here in Ashland.
Howcver, more importantly we ask this to make clear to the officers of APD, the Ashland Public, as
well as Southern Oregon University Students how seriously the use or. or threatened use of force is
taken by APD and the City Council, and that it is only used in the most extreme of circumstances.
We leel that this will substantially aid the Ashland ['olice Department in changing its image as a
militarizing, and divisive force within our community to a uniting. and positive community member
and is vital in allowing APD to be an effective community policing force.
Second, based on findings by the 1\ational l\eademy of Forensic Engineers, we ask that APD
independently test each ClOD tbey purchase before using it in the field. There is enough controversy
surrounding Taser International, and tbe manufacturing of their product, to warrant verification of
each product. Any CED that docs not mect the voltage standards should be returned and replaced
with a more serviceable CED.
We would also ask that on every occasion a CED is used, tbe officer bc.immediately placed on paid
administrative leave as they currently would had they used their duty weapon: pending the results of
an independent use of force rcview No onIcer should be on duty until it has been determined that
the they have acted, and are aCling i!l accordance to APD Policy, with an emphasis on the just cause
for use of force, as well as that all reasonable precautions were taken to ensure the health and well
being of both the omeers involved and the suspect. We ask this because of the potentially deadly
health and safety implications involved with the use of CE[)s tragica1ly seen in the recent past here
in Ashland, and acknowledged in the PERF Report L'pdate presented to the City COLlI1eil on their
last 111ecting.
According to section 3.023, APD will be allowed to use CEDs on young children 12 years and older.
Based upon certain criticisms, the use of CEDs on children still in their developmental stage could
be hazardous, possibly causing stunted growth, learning disabilities and post-traumatic stress. On top
of this officers are not trained to use CEDs on anyone of this age, due to liability issues during Taser
International's training process. This creates an unsafe environment for suspects who are not
considered adults. We ask that this section be amended to disallow the use ofCEDs on minors.
We also ask that section 3.028 be amended so that it does not contradict section 3.027, so that
officers and medical professionals are not be instructed by APD Policy to dispose of Llsed CED
probes, but that thcy be logged into evidence as per section 3.027.
We ask that lessons be lr:arned by the tragic death of Nick Hanson and that his legacy may be used to
effect positive change in our community, to the cnds of more responsible and Immane police
practices.
Attached to our written testimony are sample motions fllr our requests.
I make a motion to direct the chief of Police to implement a policy including the revision of APD
CED policy 3.028 to properly instruct medical professionals and APD officers to properly log used
ClOD probes into evidence. That APD CED Policy include a full third paJ1y rcview of the use of
force in instances that CEDs are used, that an Officer upon the use of force at the nearest reasonable
juncture be placed on paid administrative leave and undertake counseling in similar fashion if the
officer had discharged their duty weapon. That on each instance a CED is removed from its holster it
be logged into the police rcp011 along with justification for the upholstering and the potential use of
force, that section 3.023 be changed to not allow the use of any CED on any person who reasonable
looks under the age of 18.
Sincerelv, ~"".
/~-()/7 /
["--) : / ~..,
j ,
Brian .I. Fox I
1401 Oregon St. No 242
Ashland, OR 97520
/? "
if" t, /, r
r-I!, . ", _
1 L-l_( ,Ll/' '!
i\: " (Ii
"---~ j~I\./"-~----
Philip M Shilts
396 ldaho St.
Ashland, OR 97520
10/2/2007
February 13, 2006
Section: Front
Edition: final Chaser
Page: Al
STUDY RAISES CONCERNS OVER TASERS' SAFETY
Rohert AnK/eu, the Arizoua Repuhlic
A study measuring electric shocks from a Taser stun gun found that it was 39 times more
powerful than the manufacturer claimed, raising new questions about the weapon's safety.
The study, published last month in the peer-reviewed, Journal ofthc National Academy
of forensic Engineers concluded that the shocks arc powerful enough to cause fatal heart
rhythms. It is one of the few scientific studies ofTaser's clectricjolt in which thc
company did not participate,
"Thc findings show the energy delivered by the weapon to be considerably understated
by the manufacturer," the Journal study said. "These findings place the weapon well into
the lethal category."
Officials with Scottsdale-based Taser International Inc. eondemncd the findings, saying
they are exaggerated, erroneous and "bcyond the laws ofphysies."
They pointed to a test conducted last week in response to the Journal article. A lab hired
by Taser found that the weapon produccd power that was significantly less than what the
Journal study found and met all speeifleations.
Taser contends that the author of the Journal study, electrical engineer James Ruggieri,
does not have the technical expertise to make conclusions about stun guns. Taser is suing
Ruggieri lor def~unation over his claims in a presentation and testimony in a wrongful-
death case last year that T asers can cause I~ltal heart rhythms.
In a separate tlnding, the ;lrmy also concluded last year that Tasers could cause
ventricular flbrillatic'n, the irregular heart rhythm characteristic of a heart attack.
A memorandum from the Aberdeen Proving Grounds in Maryland, where the Army
develops, tests and evaluates weapons, said, "Seizures and ventricular fibrillation can be
induced by the electric current."
At issue was whether soldiers should he shocked with the stun guns during training
exercises, as Taser recommends.
Thc Army's occupational health sciences director determined that Taser is an effective
weapon but added in the February 2005 memo that "the practice of using these weapons
on U.S. Army military and civilian forces in training is not recommended, given the
potential risks."
Taser for years has maintained that its stun guns have never caused a death or serious
injury. Company o/'Ecials say the guns save lives, reduce injury and save millions of
dollars in legal costs because they prevent deadly eonjrontations.
nut since 1999, more than 167 people have died alter police Taser strikes in the United
States and Canada. or those, medical examiners have cited Tasers in 27 deaths, saying
that they were a eausc of death in jivc cases, a contributing f~lCtor in 17 cases and could
not be ruled out in Eve cases.
Several law enforcement agencies have flkcllawsuits accusing Taser of misleading them
about the stun gun's safety and el.;im that the company railed to conduct adequate tests
before selling the weapon. Some police departments have delayed or halted Taser
purchases because of safety concerns.
Taser denies these claims and says its record of safety is bolstered by dozens of medical
and university studies and by the company's experts.
Law enforcement officials and testing experts agree that there is no widcly accepted
standard l'or measuring Tasers. Studies have shown various results.
In May, for example, an international testing laboratory hired by Canadian authorities
initially reported that two stun guns were signi licantly more powerful than thc
manufacturer specified. The guns also fired at diffCrent levels of power.
The stun guns were used on a man who died after being shocked by Vancouver, British
Columbia, police in 2004.
Tascr challenged the test last wcek, and the laboratory backed otT its results. Orlicials
with the lab, lntcrtck ETL Semko, said tcsting protocols provided by thc police diiTered
from those of the stun-gun manufacturer. As a result, Intertek said the tests could not be
rclied upon.
Bruce Brown, deputy com.l:issioncr of a British Columbia agency investigating the
police role in the V dilCOU'ier death, said his agency wants to enlist Canada's National
Police Research Center to conduct a rigorous study of the stun gun's power.
"We've sent pcople to thc moon, so there has got to be a way to come up with a peer-
reviewed (standard)," he said.
The 50,000-volt Taser works by shooting two darts up to 25 feet. The darts arc connected
to wires that deliver a burst of electricity that is ,lesigned to instantly immobilize a
suspect. The gun also can bc used as a handheld device, without the darts, by touching
two metal probcs directly against a person's body in what police call a "drive stun."
The shock ti'om a Taser is measured in electric pulses. Tascrs typically used by police
deliver 15 to 19 pulses a second in a five-second interval. although the gun will continue
tiring without interruption as long as the trigger is held down.
Tasers operate at 50,000 volts, but Taser says the stun guns do not pose an electrical
safety risk because the pulse's current is too low and its duration too short to affect
internal organs, including the heart.
Ruggieri's study found that the Taser's pulse was more powerful ancllonger than the gun's
specifications indicate. Ruggieri studied a Taser M-18, which is nearly identical to the
Taser M-26 used by police except it has less power.
Taser specifies that the M-18 produces 10 pulscs a second at 1.76 watts per pulse.
Ruggieri said his tests showed th~ Taser produccd 14 pulses a second at 50 watts per
pulse.
Ruggieri said it took him months of research to conduct and complete the tests.
He said he relied on Taser's research and prl'vious stun-gun studies to create a veritiable
methodology l'or testing the Taser.
I-lis findings arc based on how electric current pcnetrates the body. When established
electrical standards were applied to the stun gun's electrical discharge, Ruggieri said the
current could be ratal. lIe said measurements or the electric current showed that,
according to electric safety standards, the gun had a 50 percent risk or causing ventricular
fibrillation.
Taser Vice President Steve Tuttle called the claim "ludicrous" and said it is "clearly
reruted by the fact that well over 100,000 human volunteers have been exposed to the
Taser discharge without fatality."
Taser maintains that skin tissue blocks electric current and is equivalent to 1,000 ohms or
resistance.
But Ruggieri said skin tissue brcaks down as clectricity is applied. decreasing resistancc
and increasing thc impact of the shocks on the human body.
"This creates a runaway effect of increasing currcnt with decreasing resistance." Ruggieri
said.
An independent electrical engineer who reviewed the Journal study at the request of The
Arizona Republic said Ruggieri's conclusions welT credible and based on scientific
principles.
Robert Nabours, who has degrees in electrical engineering li'om Stanrord and the
University of Arizona, said scicntilic and medical evidence support Ruggieri's elaims that
skin tissue breaks down when subjected to electric pulses. Among the evidence arc
lindings from Harvard and Massachusetts Institute of Technology doctors.
Ruggicri focused on the Taser in its "drive stun" mode. Hc said measurements or the
current round that the powcr was about 39 times greater than thc manuraeturer's
specifications. Taking into account the lowered resistance of skin tissue. Ruggicri said the
stun gun generatcd 704 watts of power as opposed to 18 walts.
Ruggieri contends that one ofTaser's main claims of safety, that the duration of the
electric pulse is too short to cause injury. could not be proven. lie said his tests of the
current showed that duration of the pulse also increases as resistance drops.
The lab hired by Taser, Exponent of Phoenix, could not replicatc Ruggieri's results.
Exponent, which has offices throl.'ghout the country. is a consulting firm that employs
scientilic and engineering experts who, like members or the National Academy of
Forensic Engineers, "flen serve as expert witnesses in court cases.
Exponent electrical engineer Ashish Amra said Ruggieri reported 17 times more power
than the Taser he tested. Amra said that in his tests, thc power of the stun gun measurcd
at or below speci lications.
Arora said the pulscs Ruggieri measured could also not be veri lied. even whcn resistance
was droppcd. I Ie said that caused concern.
IIc said he would have expcctcd some similarity in the results. But he said the tests
results "were completely dirICrenl."
There were differcnces bctween Exponent's and Ruggieri's tests. both involving how the
gun was charged and how the current "as measured.
Ruggieri said he used a battery speci fied by the manufacturer to mirror a real-world
setting. I Ie changed thc battery after cach jolt to ensurc that the power did not degeneratc.
Exponent us cd a power supply to chargc the battery.
Ruggieri said a power sourcc could limit the amount of power going into the gun in a
way that a battery would not.
Ruggieri also measured the output using two high-voltage meters attached to each of the
Taser probes, which he said gave more-accuratc readings.
IOxponent used a single meter. Arora said the single probe and battcry wouldn't change
the results.
Tascr has repeatedly attacked Ruggieri's credibility since he made a presentation critical
of the stun guns to the American Academy or I:orcnsic Sciences in February 2005. Taser
clailned his presentation was based on 11junk sciencell and Tlpropaganda" and that his
conclusions have been disputed by numerous government, university and medical studics.
Some of Ruggieri's claims were independently veri lied, including his assertion that Taser
had misapplied Underwriters Laboratories standards in suggesting the stun gun could not
cause ventricular fibrillation.
Tascr sued Ruggieri in November, several months aner he announced the Journal
lindings at an engineering eonfercnce in Chicago.
In a ncws release last ycar, Taser descri bed Ruggieri as a high school dropout with no
medical training.
Ruggieri said he left high school to attend college in New York. lIe later obtained a
master's degrce in computer science from the University of Phoenix.
Ruggieri's resume shows that he is a professional engineer with licenses in live states. He
said he has investigated electrical accidents for fcderal agencies and helped write
electrical safety standards for top electrical laboratories and commissions.
Taser ollicials challenged the academy journal. calling it an "obscure bulletin," saying
none of the peer reviewers was qualilied to assess the findings.
"That unfortunately allowed Mr. Ruggieri to utilize inappropriate science and Hawed
mathematics in attempts to support his unsupportable conclusions," Taser's Tullle said.
Journal Editor Marvin Specter said the academy is aftilialcd with the National Society of
Professional Engineers and is made up of experts in several engineering disciplines.
The Journal lists a technical review committee fj)r Ruggieri's study that includes 20
engineers, including one well-known Taser consultant. Tk reviewers' identities arc
confidential and have not been released, Specter said.
Specter said Ruggieri's paper went through a rigorous peer-review process before being
published in the biannual journal.
In an interview last week, Ruggieri said Taser has launched personal allacks to distract
from the real issue.
"This isn't about me. It's about the lindings, the study," he said.
Reach the reporter at robcrt.anglen@ari/Onarepublic.com or (602) 444-8694.
CITY OF
ASHLAND
Council Communication
Gift of Public Art
Meeting Date:
Department:
Secondary Dep!.:
Approval:
October 2, 2007
Administration
C)!l I unity Development
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Martha Bennett
bennettmG,Jash land .or.us
Adam Hanks
10 minutes
Statement:
This agenda item has bee 1 requested by Lloyd Ilaines. Mr. llaines commissioned and installed eight
panels of art on the underside of the ODOT Bridge on lithia Way. ()D()T required that he remove the
pieces by September :10.
lie would now like to girt the eight panels of art to the City of Ashland.
Staff Recommendation:
None.
Should the City Council wish to accept this girt there arc a number of steps which must occur:
1) Seek input li.om the Pubhc Art Commission. (The council could decide to bypass this step and
direct stalTto begin with Step #2).
. The PAC meets on the third Friday of each month. The soonest Mr. Haines could meet
with the Commission and oller the gin is October 19. The PAC would then need time
to review the girt and follow their established process for accepting donated art and
bring a recommendation to the City Council.
. Approxllnately timeline: 2-:1 months
2) Apply for a perlmt li.om OI)OT allowing the art and electrical lighting to be attached to the
underside of the bridge.
. Tbis will require stalltime to prepare necessary permit documents.
. As a part of the permit process, Mr. Haines would need to provide detailed engineering
plans (()r the installation of both the panels and the lighting which will be subject to
ODOT approval.
. Approximate timeline: 2 months
:1) Apply for a conditional use permit (CUP).
. Once the OI)OT pennit is secured, the City of Ashland must submit a request lor a
conditional use permit to the City of Ashland.
. The process involves the request being reviewed by Planning Stafl~ with Planning
CommiSSion review and potentially a public hearing before the Planning Commission if
requested by anyone in the eommulllty within tbe "call up" timelrame.
Page I pt 2
)0 ()2 1)7 S2!~of Ptlbll~_An Cl1l!..!~_~_!-' c()mmllnci,~'.2~(]_~~___
~A"
Ir_~
. This will require stalrtime to coordlne,le 1l11cmnation with Mr. llaines and prepare the
necessary' doclIments for the Cl'P (ind background material for the Plannll1g
CommIssion.
. Approximate tlmeline: 3 months
Total conservative timeline: S months
Background:
On September 5, 2007 Mr. !Iaines installed eight panels orart on the underside of the ODOT bridge on
Lithia Way and electric lighting to illuminate the panels lie did not secure appropriate permits with
ODOT or the City of Ashland Ii" either action. On hlday, September 7, he was instructed by Ashland
Building OClicial Mike Broomlield to disconnect the electrical lights as it VIOlated Stale Electrical
Code.
City code compliance onicer (Permit Center Manager) Adam Ilanks met with Mr. lIaines and
representativcs orODOT the [c)lIowing week. That meeting resulted in a letter rrom ODOT to Mayor
John Morrison (attached). The letter indicates that ODOT would be receptive to the project should tbe
City wish to apply for a permit from ODOT and provide plans and details regarding the project.
The letter indicates that if the City has not contacted ODOT by September 20 rcquesting a permit, Mr.
Ilaines will remove the panels by September 30
Related City Policies:
/\MC IS.96 (sign code) and AMC IS.I04 (eond,tionaluse permit)
Section VIII Public Art commission Policies and Procedures (accepting gifts)
Council Options:
. Accept the gift and direct staflto hegin the process lor securing appropriate permits with all
costs of installation and maintenance to be borne by Mr. !Iaines.
. Forward the issue to the Public Art Commission requesting a recommendation to bc brought
back to thc City Council.
Potential Motions:
. Imovc to acccpt the gift from Mr. !Iaines and direct stallto secure neccssary permits. All
costs associated with installation and maintenance of the gift will be borne by Mr. Haines.
. I move to direct Mr. Haines to meet with the I'ublic Art Commission and wait far a
recommendation from the PAC.
. I move to deeline the orrcr from Mr. Haine'.
Attachments:
. AMC 18.96
. Section VIII Accepting Gift Irom the Public Art CommiSSion Policies and Procedures
. Lctter Irom ODOT to Mayor John Morrisou dated September 13,2007
. Guidelines for ODOT permit
Attachment
AMC 18.96 Sign Regulation and AMC 18.104 Conditionalllsc Permits
18.96 Sign Hcgulations
18.96.010 Purpose
This Chapter shall hereafter be known and deSignated as the "Sign Ordinance 01' the City
oCAsh]and", and is adopted in recognition of'the important Cunction oCsigns and the need
to safeguard and enhance the economic and aesthetic values in the City 01' Ashland
through regulation of slIch f~lctors as size, number, location, illumination, construction,
and maintenance of signs; and thereby safeguard public health, safety and general
well'lre.
18.96.020 Definitions Relating to Signs
]. Alteration - Any change excluding content, and including but not ]iml1ed to the SlIe,
shape, method 01' illumination, position, location, materials, construction. or supporting
structure of a sign.
2. Area - The area included within the outer dimensions of a sign. In the case of a multi-
hlccd sIgn, the area of each f~lCC shall he mc]udcd in determining sign area, excepting
double-I"ced signs placed no more than 24 inches back-to-back.
3. Awning - A temporary or movable shelter supported entirely li'om the e,terror walloI'
a building and composed of non-rigid matena]s except for the SUpportlllg framework.
4. Building Face of Wall - All window and wall area ofa building in one plane or
elevation.
5. Bulletin Board or Reader Board - A sign of a permanent nature, but wh]eh
accommodates changeable copy.
(,. Business - A commercial or industrial enterprise.
7. Business Frontage - A ]ineal Cront footage of a building or portion thereof devoted to a
specific business or enterprise, and having an entrance/exit open to the genera] puhhe.
8. Business Premises - A parcel of property or that portion thereofoeeupied hy one
tenant.
9. Canopy - A non-movable roof-like structure attached to a building.
I D. Direct Illumination - A source of illumination on the surface of a sIgn or Crom within
a sIgn.
II. f'lection - The t]me designated by law for voter to cast ballots for candidates and
measures.
12. Flashing Sign - A sign incorporating intermittent electrical impulses to a source 01'
illumination or revolving or moving in a manner which creates the illusion of Ilashing, or
which changes color or intensity of illumination. ThIS dcllnition is to include electronIC
time, date and temperature signs.
] 3. Frontage - A single wall surface of a huildll1g facing a given direction
]4. C;round Sign - A sign erected on a free-standing frame, mast or pole and not attached
to any huilding. Also known as a "free-standing sign".
]5. Indirect IllumInation - A source of illumination dIrected toward a Sign so that the
beam of light Ldls upon the exterior surface orthc sign.
16. Illegal Sign -!\ sign which is erected in v]olat]on of the Ashland Sign Code (Ig.%).
17. Marquee Sign - A sign which is painted on. attached to, or supported by a marquee,
awnIng or c,lnnp.y.
1 g. Marquee - !\ non-nwvable rool~l]ke structme which is scll~draining.
1 'J. Non-eonlllrllllng Sign - An existlllg sign. lawful at the time of enactment of this
Ordinance. which docs not conform 10 the requircments of this Codc.
20. Projectlllg Signs - Sign,s other than wall signs, which are attached to and project Irom
a structure or build]ng face, usually perpelllheul<lr to the building bee.
21. Roor Sign - !\ny sign erected upon, against, or directly ahove a roof or top or or
above the parapet 01';1 building.
22. Shopping ('elller or Business Complex - Any business or group or businesses which
are in a building or group of buildings, on ore or more lots which arc contiguous or
which arc sepdlatcd by a public right-of-way or a privately owned !lag drive used lor
access and not greater tban 35 ICet in width, which arc constructed and/or managed as a
single entity, and shale ownership and/or function.
23. Sign - Any ]dent]licat]on. description, illustration, symbol or device which is placed
or affIxed directly or indirectly upon a building, structure, or lallll. InterIor illuminated
panels, fascia strips. bands, columns, or other interior illuminated decorative ICatures
located on or olT a structure, visible Irom the public right-of-way, and with or without
lettering or graphics shall also be considered a sign and included in the overall sign area
of the site. (Ord 2h60. I 'J'J I)
24. Sign, Puhlic - A sign erected by a public o!'licer or employee in the perlllrlnance or a
public duty which shall include, but not be limited to, motorist informational signs and
warning lights.
25. Street Frontage - ['hc lllleal d]mens]on in lCet that the property upon which a structure
is built ahuts a public street or streets.
26. Temporary Sign - A sign which is nol permanently a!'lixed. All devices such as
banners, pennants, !lags, (not including Ilogs of national, state or city governments),
searchlights, sandwich hoards, sidewalk signs, curb signs, balloons or other air or gas-
filled balloons.
27. \Vall Graphit's - Including but not limited to any mosaic, mural or painting or
grapbie art technique or combination or grouping of mosaics, murals, or paintings
or grapbic art teebniques applied, implanted or placed directly onto a wall or fenee.
28. Wall Sign - A sign attached to or erected against the walloI' a huilding with the face
in a parallel plane or the building wall.
2'J. Wind Sign or DeVice - Any sign or device in the nature or banners, !lags, balloons, or
other objects fastened in such a manner as to move upon being subject to pressures by
wind or hree/e.
18.96.030 Exempted Signs
The followll1g signs and deVices shall not be subject to Ihe provisions orthis chapter
except Il)r 18.%.141J.
A. Inl(mnational signs placed by the City or !\shland, or by the State or Oregon in the
publicly owned rIght-ol~way.
2
13. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in
51/,C.
C. Flags of national, state or loca] governments.
D. Srgns within a building provided they arc not visible to persons outside the building.
E. Temporary signs not exceeding J()Lrr squate feet, provided the signs arc erected no
more than 45 days prior to and removed within seven days following an election. (Ord
2844; S 1 ] ')')'))
r. Temporary, non-illuminated real estate (not more than one pcr tax lot) or construction
signs not exceeding six square feet in residentIal areas or t\vclvc square reel in
commercial and industria] areas, provided said signs arc removed within fifteen days
[iom the sale, lease or rental of the property or withrn seven days ofcompJetion of the
project.
C. Small incidental signs provided said signs do not exceed two square ICet in area per
sign, not morc than two in number on any parcel or two per street frontage, whichever is
greater.
] I. Temporary signs painted or p]aeed upon a window in a non-residential zone, when
sLlch signs do not ohscurc more than twenty percent of such windo\v area, and arc
maintained for a perioo not exceeding seven day's. Signs which remain longer than seven
days wil] bc considered penmlllent and must comply with the proVisions of the Ashland
Sign Code (18.96).
I. Any sign which is not visible to motorists or pedestrians on any public highway,
sidewalk, street or alley.
J. Strings of Lights. Strings of ineandcscent ] ights in non-residential zones where the
lights do not exceed 5 walls per bulb, the bulbs arc placed no e]oser than (," apart and do
not !lash or h]ink in any way. Strings of lights in residential zones arc not regulated. (Ord.
26(,0, 1<)')])
K. Temporary non-illuminated signs not excel'ding 1(, square feet for charitahle
f'undraising events p]aeed hy non-profit and charltahle organinllions. Such signs shall not
be placed more than seven days prior to the event and must be removed within two days
following the event. No more than two such events may be advertised in t his manner per
lot per year. (Ord. 2323, ] ')84)
All of the forcgoing exempted signs shall he subject to the other regulations cont,'lined in
this Chapter 18.% relative to the size, lighting or spacing of such sign. (Ord. 2221, ] <)82)
18.96.040 Prohihited Signs
A. No sign, unless exempted or allowed pursuant to this Chapter, shall be pcrmitted
except as may be provided in Section 18.<)(,()10. (Ord. 2221, ] ')82)
B. No movable sign, temporary sign or hench sign shall be permitted except as may be
provided in Section 18.'J6.030.
C. No wind sign, device, or captive bal100n shal] be permitted except as may be provided
in Section 18.%.030. (Ord. 2221, 1 <)82; Ord. 2440, 1')88)
D. No !lashing signs shall be pennitted.
E. No sign shall have or consist of any moving, rotating, or otherwise ammated part.
F. No three-dimensional statue, caricature or representation of persons, animals or
merchandise shall be llsed as a sign or incorporated into a sign structure.
3
G. No public address system or sound deviCl" shall be used in conjunction with any sign
or advertising device.
II. No roo I. signs or signs which project abovc thc roo I. shall bc penllltted.
I. No exposed sources or illumination shall be permitted on any sign, or f'lI" tbe
decoratIon or any building, including, but not limited to, neon or fluorescent tubing and
flashing incandescent bulbs, except when the source or illumination is within a buildlllg,
and at least ten (10) !.cct from a window which allows visibility from the public right-of-
way, or when a sign is internally illuminated or the source or light is I.ully shielded I.rom
the public view.
J. No signs which use plastic as part ol.the exterior visual effects or arc internally
illuminated in the lIistoric District, as identified in the Ashland Comprehensive Plan, or
in any residential districts shall be perIll1ttcd.
K. No bulletin boards or signs with changeable copy shall be permitted, except as
allowed III Section 18.96J)(10(D).
L No wall graphics shall be penllitted.
M. No unomcial sign which purports to be, is an imitation of, or resembles an official
traffic sign or signal, or which attempts to direct the movement oftral.fic, or which hides
from view any omcial traffic sign or signal shall be permitted.
18,96,050 Sign Permits
A. Sign Permit Required. A sign permit is required in each ol.the following instances
I. Upon the erection or any new sign except exempted signs.
2. To make alteration to an existing sign, including a change in the size or materials.
Pernlits shall not be required for minor mamtcnancc and repairs to existing signs or for
changes in sign copy f()f COnfOrIl1ing signs.
3. To alter an existing non-conforming sign, subject to Section 18.96.150.
4. To erect a temporary sign for a new business subject to Seetion 18.9(dJ50(D).
B. Required Infonllatlon for a Sign Permit. I,'or the purposes of review by the Stall
Advisor and Fluilding Ortlcial, a drawing to scale shall be submitted which indicates I.ully
the material, color, texture, dimensions, shape, relation and attachment to building and
other structures, structural clements orthe proposed sign, and the size and dimenSIons or
any other signs located on the applicant's building or property,
C. Temporary Signs f,)r New Businesses, The Staff Advisor or his/her designate can issue
a permit for a temporary sign for nc\v businesses Cor a period not to exceed seven days. A
permit is required for these signs but the permit I.ee is waived.
D, Unsafe or Illegal Signs.
I. If the Starr Advisor or Building Official shalllind that any sign is unsal.e or II1seCUI'C,
or any sign erectcd or established under a sign pem1it has becn carried ont in viulatiun or
said permit or this chapter, he/she shall give written notice to the permittee or owner
thereorto remove or alter such sign within seven days,
2, The StafTAdvisor or Building Onicial may cause any sign which is an immediate peril
to persons or property, or sign erected Without a permit, to be removed immediately, ami
said sign shall not be re-established until a valid pem1it has been issued, Failure tu
remove or alter said signs as directed shall subject the permittee or owner to the penalties
prescnbed in this Title,
4
3. Any person who erects, constrUCtS, prints. paints or other\visc makes a sign for \vhich a
sign permit or approval is required under Chapter 18-')6 without lirst having determined a
permit has been obtained ror sueb sign, has committed an ;nfiaetion, and upon conviction
tbereor is punishable as prescribed in section 1.08.020 ortbe Ashland MUlllcipal Code. It
shall not be a deICnsc to this section that such person erected, constructed, printed,
paintcd or otherwise made the sign Illl another. (amended Ord. 2754, 1995)
E. Sign Permit Record Required. The Plannlllg Department shall kcep a copy and
permanent record or each sign permit Issued.
F. Sign Permit Fcc. The ree ror a sign permil. shall be as set rorth in Resolution No. 88-
01, as adopted by the City Council The ICe Illr any sign which is erected without a sign
permit shall be double the regular sign ICe.
18.96.060General Sign Regulations
The rollowing gencral proviSions shall govlTn all signs in addition to all other applicable
provisions or this chapter.
A. Variances. The following regulations pertaining to signs arc not subject lo the \/ariance
section or this Code:
I. Section] 8.96.040 - Prohlbited signs.
2. Seetion 18.96.110 - Abatement or nuisance signs.
3. Section 18.96.120 - Construction and maintenance standards.
4. The size, height and number or constra;llls or Sections 18.9(d)70, 18.96.080, 18.96.090
and 18.96.100, except as may be allowed in 18-')6.130.
B. Obstruction by Signs. No sign or portionlhereor shall be placed so that it obstructs any
fire escape, stairway or standpipe; Inter/Cres with human exit through any window or any
room located above the lirst 1100r or any building; obstructs any door or required exit
from any building; or obstructs any rcqulnxllight or ventilatioll.
C. Bulletin Board or Reader Board. Twenty 120) percent of permitted sign area may be
allowed as a bulletin board or reader board.
D. Placement or Signs.
I. Ncar residential. No sign shall be located in a commercial or industrial district so that it
is primarily visible only rrom a residential district.
2. Near street intersections. No signs in excess or two and one-hall' feet in height shall be
placed in the vision clearance area. The vision clearance area is the triangle formed by a
line connecting points twenty-live reet horn the intersection or property lines. In the case
of an intersection involving an alley and a street, the triangle is !l)fIlled by a line
connecting points ten rcet along the alley and twenty-live reet along the street. When the
angle of intersection between the street and the allcy is less than 30 degrees, the distance
shall be twenty-live feet. This proviSion shall apply to all zones.
3. Ncar driveways. No sign or portion orthereorshall be erected within ten reet or
driveways unless the same is less than two and one-hal I' /Cet in height.
4. Future street right-ol~way. No sign or portion thereoe shall be erected within f(lture
street right-of-ways, as depicted upon the Master Street Plan, unless and until an
agreement is recorded stipulating thai the Si,',Il will be removed or relocated upon street
improvements at no expense to the City.
5
IS.96.080 Commercial-Downtown Overlay District (('-I-D).
Signs in the ComTllercial-Downtown Overlay District shall conform to the following
regulatIons:
A. Special Provisions.
1. Frontage. The llulllbcr and llse of signs allowed by virtue or a given bUSll1CSS frontage
shall he placed only upon such husiness li'ontage, and no building shall he credited with
more than t\\'o business frontages.
2. Aggregate numher of signs. The aggregate numher of signs for each husiness shall he
two signs for each husiness frontage (a li'ontage with an entrance/exit open to the general
puhlic)
3. Material. No sign in the Commercial. Downtown Overlay District shall use plastic as
part of the exterior visual effccts of the sign.
4. Aggregate area of signs. The aggregate all,a of all signs established hy and located on a
givcn street I)-ontagc shall not cxcccd an arc a equal to one square f(lOt f(lr each lineal J()ot
of street frontage. Aggrcgate area shall not includc nameplates, and real estate and
construction signs.
8. Types of Signs Permitted.
I. Wall Signs.
a. Number. Two signs per building frontage shall he permittcd t,,, each business, or one
sign per frontage for a group of businesses occupying a slIlglc common space or suite.
h. Area. Total sign area shall not he more than one square foot of sign area for one lineal
foot of legal husll1ess li'ontage. This area sh,rll not excced sixty square feet.
c. Protection. Signs may project a maximum of eighteen inches liom tbe f'ICC of the
huilding to which they arc attached, provided the lowest portion of the sign is at least
eight feet ahove grade. Any portion lower than eight ICet may only project four inches.
d. Extension ahove roof line. Sings may not project above the roofor cave line ofthc
huilding.
2. Grollnd Signs.
a. Numher. One sign, in lieu of a wall sign, shall be permitted lor each lot with a street
frontage in excess of fi fty lineal feet. Corner lots can count one street frontage. Two or
more parcels of less than lifty Ceet may he comhined It)r purposes of meeting the
foregoing standard.
h. Area. Signs shall not exceed an area of one square loot for each two lineal feet of street
I)-ontage, with a maximum area of sixty square Ceet per sign.
c. Placement. Signs shall be placed so that no sign or portion thercof shall cxtend heyond
any property line of the premises on which such sign is located. Signs on corner
properties shall also comply with the vision clearance provisions oCSection 18.'.J6.060(F).
d. Ileight. No ground sign shall he in excess oC five feet above grade.
3. Marquee or Awning Signs.
a. Number. A maximum of two signs shall be permitted Cor each business Crontage in lieu
oCwal1 signs.
h. Arca. Signs shall not exceed the permitted aggregate sign area not taken up hy a wall
sign.
c. ProJection. Signs may not project heyond the Lice of the marquee if suspended" or
(,
above the face of the marquee if attach cd to and parallcl to the face of the marquee.
d. lleight. Signs shall have a maximum face nelght of nine inches ifplaced below the
marquee.
e. Clearance above grade. The lowest portion of a sign attached to a marquee shall not be
less than scven feet, six inches above grade.
f. Signs painted on a marquee. Signs can be palllted on the marquee in lieu of wall signs
provided the signs do not exceed the penllitted aggregate sign area not taken up by wall
sIgns.
4. Projection Signs.
a. Number. One sign shall be pemlitted I()r each business or group ofbusinesscs
OccupYIng a single common space or suite ill liell of a wall sign.
b. Area. Except f(1r marquee or awning signs, a proJecting sign shall not cxceed an area of
one square foot j()r each two feet of lincal business frontage tliat is not already utili/cd by
a wall sign. The maximum area of any projecting sign shall be 15 square feet.
c Projection. Signs may project from the face of the building to which they arc attached a
maximum of two feet iflocated eight feet above grade, or three feet if located nine leet
above grade or more.
d. Height and extension above roof line. Signs shall not extend above the roofline, cave
or parapet wall of the building to which they arc attached, or be lower than eight feet
above grade.
e. Limitation on placement. No projecting sign shall be placed on any frontage on an
arterial street as designated in the Ashland Comprehensive Plan.
18.96.090 Commercial, Industrial and Employment Districts
Signs in commercial, industrial and employment districts, excepting the Do\vnhJ\vl1-
Commercial Overlay District and the Freeway Overlay District, shall conform to the
following regulations:
A. Special Provisions.
I. Frontage. The number and area of signs allowed by virtue of a given business fi'ontage
shall bc placed only upon such business fiontagc and no building shall be credited with
more than two business frontages.
2. Aggregate number of signs. The aggregate number of signs for each business shall be
two signs for each business frontage (a frontage with an entrance/exit open to the general
public).
3. Aggregate area of signs. The aggregate arca of all signs established by and located on a
given street frontage, shall not exceed an area equal to one square foot of sign area for
each lineal f()ot of street frontage. Aggregate area shall not include nameplates, and
temporary real estale and construction signs
B. Types of Signs Permitted.
I. Wall Signs.
a. Number. Two signs per building fi'ontage shall be permitted for each business, or one
sign per frontage lor a group of businesses occupying a sll1gle common space or suite.
b. Area. Total sign area shall not be more than one square foot of sign area for one lineal
foot of legal business frontage. This area shall not exceed sixty square feet.
c. Projection. Except for marquee or ,-l\Vllll1g sIgns, a projecting sign may project a
7
maximum of eighteen inches Irom the LIce of the huilding to which they arc attached,
provided the lowest portion of the sign is at least eIght feel ahove grade. Any portion
lower than eight feet can only project four inches
d. Extension ahove roof line. Signs may not pruJcct ahove the rouf or eavc line of thc
huilding.
2. Ground Signs.
a. Number. One sign shall be pcnnitted for eacb lot with a street fruntage in excess of
Ilfty lineal feet. Cumer lots can count hoth street fiontages in detcnnining the lineal feet
of the street Crontagc but only one ground sign is permitted on conlcr lots. Two or more
parcels of less than II fty feet may he eomhined li)r purposes 0.1' meeting the foregoing
standard.
b. Area. Signs shall not exceed an area of one sljuare fuot fi,r each two lineal feet of street
frontage, with a maximum area of sixty sljualT feet pcr sign.
c. Placemcnt. Signs shall bc placed so that no sign or portion thercof shall extend hcyond
any property line ofthc premises on whIch such sIgn is located. Signs on corner
properties shall also comply with the vision clearance provisions of Section 1 B.9CJ.()(,(J(F).
d. Ilcight. No ground sign shall he in excess of five leet ahove grade.
3. Awning or Marquee Signs.
a. Numher. Two signs shall he permitted I,)!' each husiness frontage in lieu of wall signs.
h. Area. Signs shall not excccd the permitted aggregate sIgn area not taken up hy a wall
sIgn.
c. Projection. Signs may not project heyond the face of the marljuee if suspend cd, or
ahove or helow the face of the marljucc i I' attached to and parallel to the face of th2
I11arqllcc.
d. Ileight. Signs shall have a maximum LIce heIght of nine inches i I' attached to the
marquee.
e. Clearance ahove grade. The lowest portion of a sign attached to a marljucc shall not he
less than sevcn feet, six inchcs above grade.
r Signs painted on a marljucc. Signs can he palllted Oil the marquee in lieu ofwal! sign
provided the signs do not excecd the permitlcd aggregate sign area not taken up hy wall
signs.
18.96.140 Enforcement
The portions of this Chapter relating to the structural characteristics and safety of signs
shall be enforccd by the Building Omeial or his/her deSIgnate; all other portions shall be
enforccd hy the Stafl Advisory or designate. (Ord 2176, I ()B2)
18.96.150 Governmental Signs
Governmental agcncies may apply fi1r a Conditional Use to placc a sign that docs not
conform to this Code when the Commission detel111ines that, in addition to the criteria for
a conditional use, the sign is nccessary to filrther that agency's public purpose. (Ord.
2557, 1985; On! 2440, 19B8)
B
18.104 Conditional Use Permits
18.104.010 Conditional Lse Permits Generally
Certain uses arc permitted in each /.oning district only as conditionaluscs. This chapter
provides suhstantlve approval cnteria by whIch applications for eondltlonalusc permits
arc to be evaluated and describes applicable procedures. No conditionally permitted use
may be established, enlarged or altered unless the city first issues a conditionalusc permit
in accordance WIth the provisions of this chapter.
18.104.020 Definitions
The following arc dcllmtions for use in this chapter.
^. "Impact ^rea" - That area which is immediately surrounding a use, and whIch may be
impacted by it. ^II land which is within the applicable notice area for a use is included in
the impact area. In addition, any lot beyond the notice area, if the hearing authority finds
that it may be matenally allected by the proposed use, is also included in the imp'liCt area.
B. "Target Use" - The hasie permitted use in the zone, as defined below. I. WR
(Woodland Residential) and RR (Rural Residential) zones:
I. Residential use complying with all ordinance requirements, developed at the dcnsity
permitted hy Section 18.88JJ40.
2. R-l (Single Family Residential) /Ones: Residential use complying with all ordinance
requirements, developed at the density pemlittcd by Section 18.88.040.
3. R-2 and R-3 Zones Residential use complying with all ordinance requirements,
devcloped at the denSity pennitted by the zone.
4. ('-1. The general retail commercial uses listed in 18.32.020 B., developcd at an
intensity of .35 gross floor to area ratio, complying with all ordinance requiremcnts.
5. C-I D. The gcneral retail commercial uses listed in 18.32'()20 8., developed at an
intensity or 1.00 gross floor to area ratio, complying with all ordinance rcquJrcmell1ts.
6. 10- I. The genera] onicc uses hsted in 18.40,()20 A., developed at an intensity or .35
gross floor to area ratio, complying with all ordinance requirements.
7 M-l. The gcncral light industrial uses listed in I 8AO.020 E., complying with all
ordinance requiremcnts.
8. SO. Educational uses at the college level, complying with all ordinance requirements,
18.104.0JO Procedure
^n application for a conditional use pemlit shall be submitted by the owner or the subject
property or authori/.ed agent on a form prescribed by the city and accompanied by the
required filing fee. The application shall include a plan or drawing meeting the
requircments or Section 18. I 04.040 and shall be processed as provided in Chapter 18.108
of this Title
18.104.040 Plan Requirements
A. The plan or drawing accompanying the application shall include the f()llowmg
')
inforn1alion:
I. Vicinity map.
2. North arrow.
3. Depiction ami names of all streets abuttin!' the subject property.
4. Depiction of the subject property, including the dimensions of all lot lines.
5. Location and use of all buildings existing and proposed on the subject property and
schematic architectural elevations of all proposed structures.
6. Location of all parking areas, parking spaces, and ingress, egress and traffic circulation
for the subject property.
7. Schematic landscaping plan showing arca and type of landscaping proposed.
8. A topographic map 01' the site showing contour intervals of' live lCet or less.
'J. Approximate location of all existing natural features in areas which arc planned to be
disturbcd, ll1eluding, but not limited to, all e, isting trees of greater than six inch dbh, any
natural drainage ways, ponds or wetlands, and any substantial outeroppings of rocks or
boulders.
B. An application for a conditional use penmt may, but need not be, made eoneurJ'ently
with any required application lor site design approval under Chapter 18.72. The
provisions of paragraph (I) above arc not intended to alter the detailed site plan
requirements of Section 18.72.040 lor site design approval.
18.104.050 Approval Criteria
A conditional use penllit shall be granted if the approval authority linds that the pmposed
use conforms, or can be made to conform through the imposition of conditions, with the
following approval criteria.
A. That the use would be in conforlllance with all standards within the zoning district in
which the use is proposed to be located, and in contorlllance with relevant
Comprehensive plan policies that arc not implemented by any City, State, or Fcderallaw
or program.
B. That adequate capacity of City facilities Ic)! water, sewer, paved access to and through
the developmcnt, electricity, urban storm drainage, and adequate transportation can and
will be provided to and through the subject property.
C. That thc conditional use will have no greater adverse material cfTeet on the livability
of the impact area when compared to the developmcnt of the subject lot with the target
use of the zone. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the
target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Gcneration of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use arc considered beneficial regardless of capacity of lileilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as cnvisloned in the Comprehensive Plan.
7. Other factors {'ound to be relevant by the Hearing Authority for review of the proposed
Lise.
10
18.104.060 Conditions
The conditions which the approval authority Illay impose include, but arc not limited to
the rollowing:
^ Regulation and limitation or uses.
B. Special yards. spaces.
e. Fences and walls.
D. Dedications, including the present or IlJture construction or streets and sidewalks and
bonds fell such construction or irrevocable consent improvement petitions ror such
illlprovements.
F. Regulation ol'points or vehicular and pedestrian ingress and egress.
F, Regulation or signs.
G, Regulation or building materials, textures, colors and architectural reatures.
H. Landscaping, including screening amI bulTenng where necessary to increase
compatibility with adjoining uses,
I. Regulation ol'noise, vibration, dust, odors or similar nuisances,
.I, Regulation or hours or operation and the conduct orcerlain activities.
K, The period or time within which the proposed use shall be developcd.
L. Duration or use.
M, Preservation ol'natural vegetative growth and open space,
N. Any condition permitted by Section 18,72, Site Design.
0, Such other conditions as will make possible the dcvelopment orthe city in a orderly
and erIlcient manner and in accordance with the provisions or this litle,
18.104.(170 Revocation; Abandonment
Unless a longer period is speci flcally allowed by thc approval authority, any conditional
use permit approved under this section, including any declared phase, shall be deellled
revoked irthe proposed use or phase is not commenced within one year or the date or
approval. ^ use or phase shall not be considered commenced until the permittee has
actually obtained a building pennit and eOlllmenced construction or has actually
commenced thc conditional use on the premises, Irthe permit requires site design
approvalul1dcr Chapter 18,72, the pennit shall be deemed revoked irthe use or phase is
not developed within one year or the date or site design approval. A conditional use is
deemed void i I' discontinued or abandoned ror a period of six consecutive mOl1ths.(On!.
2228,1')82; On!. 2(,5(,,1991; On!. 2775.19%)
1\
City of Ashland Public Arts Commission
Policies & Procedures
IV. ARTIST / ARTWORK CRITERIA
A. CRITERIA FOR SELECTIO'J OF ARTISTS AND/OR ARTWORK
I. Puhlic art projects arc open to any professional artist whose residency
meets the guidelines set I"orth 111 the RFP/RFQ ol"whieh he or she is
applying. Memhers 01" the project eonsu]tant's firm or anyone employed
thereby, memhers ol"lhe select]on panel, or employees ol"the City 01"
Ashland sball he excluded I"rom consideration.
2. Art]sts shall be selected on the basis ol"the appropriateness ol"their
proposal to the particular prolect and its probability 01" suecessl"ul
completion. as indicated hy the merit ol"thcir past work. In the case 01" the
design team approach. an artist's willingness to I"ully participate in a
collaborative process shall also be considered criteria I"or selection. All
public art projects arc budgeted le)r a pre-detennined amount.
3. In making its selection, the seiection pane] shal] hear in mind the purposes
ol"thc Public A].t COlllmission, always aiming to achieve the highest
aesthetic quality.
4. The selection panel shall, in making its selection, give due consideration to
the appropnateness ol"the proposed design in terms ol"its scale, I"orm,
content and design with respect to its immediate and general, social and
physiea] (]1\]ronlllent.
5. The selection panel shall also give due consideration to the proposed design
its materials and construction lelr questions of durability, maintenance,
puhlic access, appropriateness, sal"ety, and security.
6. The aforementioned criteria arc the minimum aesthetic criteria on which
the selection panel shall base its selection. Other criteria may bc established
by the Public Art COlllmission as dictated by a project's particular
requirelllents. Any additional criteria shall be outlined in the se]ectlon
panel's written instructions.
A. Selection Considerations
1. Criteria to be used when considering acquisition 01" artwork by either purchase
or cOlllmission shall include, but not be limited to the I"ollowing:
I. Artistic quality. Due consideration wlll be given by members or a
selection
Panel (see 5A) and the PAC to the strength or the artist's concept,
vision, and craftsmanship or the artwork.
2. Context. Consideration should be given to the architectural, historical,
geographical and socio-eultural context or the site.
3. Media. All art rorms including disciplines and mcdia that arc or
specifIc duration and which survive only through documentation -after
the life orthc picce has ended.
4. Permanence. Due consideration shall be given to the structural and
SUrf~lCC soundness, and to inherent resistance to theft, vandalism,
\vcathcring, and excessive maintenance or repair costs.
5. Public Safety. Fach work shall be evaluated to cnsure that It docs not
prcsent a hazard to public safety.
6. Diversity. The PAC shall actively scek artwork rrom artists ordiversc
racial, sexual, and cultural identities. The program shall also strive ror
diversity in style, scale, media and numhers or artists represented.
There shall be encouragement or exploratory types or work as well as
established art forms.
7. Feasibility. Proposals shall be evaluated relative to their feasibility
and convincing evidence or the artist's ability to sueeessrully complete
the work as proposed. Factors to be considered include, but arc not
limited to: project budget, timelinc, artist's experience, soundness or
materials, city/county I.oning/construction/dcsign guidelines.
g. Duplication. Artists arc required to warrant that artwork is unique and
an edition or one or part or a limited edition.
B. Design Team Projects Considerations
In addition to the abovc Selection Critcria, additional cnteri" to be considered
ror selecting artists lor design teams shall include but not be limited to the
following:
I. Provcn ability to work clTeetivcly in collaborative situations
2. Experience in architecture or landscape-based projects
3. Experience working with dcsign professionals and integrating artistic
concepts into construction documcnts
V. SELECTION PROCESS
Once a decision is madc to add artwork to a building or sitc_ consideration of the
appropriate mcdia (sculpture_ landscape design, painting, ctc.) should be
devclopcd along with criteria (environmental, structural, acsthetic, etc.) ror the
work. This might he vcry specifIC or Icll open for the artist to dcvelop ideas. Once
this phasc is completed, thc proccss ror selecting an artist begins. There arc two
primary ways to select artists:
2
Rcqucst for Proposal (RFP) - Oncc a new project has becn defincd and the
criteria set, requests lor proposals arc sent to artists regionally, nationally or
globally or a combination of the three. These requests specify the information and
format the artist must follow to snbmit bis or her proposal. Generally, background
inle)rmat;on (resume, slides of earlier work, newspaper articles, etc.) is requested
along with sketches and a wntten description of the project. ('oSI Rangef!Jr
sC/,,('llIIg arllsls: $500 - $50, 000 In addition to artist's fees, material costs,
construction and installation costs, and housing when applicable, there arc also
expenses related to the selection process. Selection eommittec members arc
sometimes paid an honorarium le)r their efforts. If artists arc selected nationally
there may be airfare and hotel costs, and IInalists (3-5) receive an honorarium ItJr
IInal proposals.
Invitational - The RFP process (above) is time consuming. In some cases, rather
than reviewing a large number of proposals, a smaller number of artists can be
invited to submit proposals. These artists can be located through a variety of
Illcans including review of current public works, contacting local arts
organi;;,ations, speaking with local arls professionals and/or contacting national
organizations. Although this is the same basic selection process as the RFP, ]t
reduces the ofllce work and time needed to interview a large number of aliists
('osl Ral/gefi!r seleclil/g or/IsIs: $/,000 - $75,000 Invitational projccts olten
JIlclude artists with establishcd careelS, which usually mean thcy come at a higher
expense. ('ost also rellects miscellaneous expenses like daily stipends lor visiting
linalists, hotel costs, airl~lrc, etc.
^. Select]on Panel
The selection panel will consist of an professionals and cnthusiasts, neighborhood
residcnts or proposed site, gencral community members, city administrators (e.g.,
public works department mcmbers), etc., ami the makeup ofthc panel will be
chosen on merit of valuc provided to the selection of each speci lie project.
8. Call It)] Entries
The commission will issue either an RFP (request lor proposal) or an RFQ
(rcqucst I(Jr qualifications) as the ealllt)r entries. The process for public
awareness or each public art project shall be developed and tailorcd for that
project. Methods for communication or the public art opportunity may be
internet, print, public scrvice announccments, and or other appropriate ch'lI1nels to
ensurc the right population becomes aware or the opportunity. Enough time must
be planned for public awareness to allow for timcly distribution or the call1()r
entry mcssage(s).
VIII. ACCEPTING GIFTS
Donations of Art
T'here has been in the past ami expcctedly III thl' I'uture generosity within our comlllunity
in the area of donations of artwork. It IS IIlhcrently the Jurisdiction and responsibi lity of
the Ashland Public Arts Commission to accept. care, and manage these important
contributions. As the curator of the City'S pubhc art, the Commission must be
responsible for all a].t donations. AI] decisions tu accept or decline public art shal] rest
with the PAC, as the designee ufthe Cny CounciL The Public Arts Committee wil] use
the same cntcria for accepting and or declining donatcd art that they use for acquiring
new picces of art for Ash]and. (Sce IV A. and 13. abuvc)
Anyone wishing tu donate existing artworks mllst contact the Public Arts Commission.
The process for dunating existing artworks:
The Donor contacts the Comnllssion tu discuss the potcntial gift and provides
phutographs of the work, ur the work itsel!".
The Commission then eva]uates the potentia] usability ofthc artwork according to
PAC Master Plan criteria and the crltena in section IV, or a selection panel may
be assemh]ed to determine the suitability of a donated piece of art.
Anup or down vote wi I] then be conducted to decide acceptance and recorded in
COJll111ission minutes as per normal procedure.
]fPAC accepts the gift, the Donor is acknow ledged (if agreeable) in plaques and
promotional materials.
If the artwork is declincd, the donor will be notified with a forma] "thank you"
note with reasoning oCthe decision.
Anyone wishing to donate a newly commiSSioned piece of artwork will he handled as
follows:
The donor contacts PAC and is inv]ted to a meeting to discuss the idea for the
cOInmissioll and the process of cOlllll1issioning.
The PAC evaluates the donator's concept ami eithcr accepts or rejects thc concept
for furthcr process work, or a selection pane] may he assembled to detennme the
suitability of a donated piece of arL
Ifacceptcd, the full spectrum ofl'AC Criteria would still be followed with
consideration of site, safety, etc.
The donor (or his/her selected artist) wi I] then follow the proccss for
implementing a piece of pub he art as articulated above.
Iftbe donor is indeed commiSSIOned to proceed with the project, full project fces
will he deposited for the project with the City Fund to he drawn on hy the artist to
ensure interrupted completion 01' the artwork.
These funds should also include any monlcs reqlllrcd for plaques and/or other
pronlotional I11atcrial needed for commiSSIoning.
Donations of Cash
Donations of cash will he an important resource to the work 01' creating public ,ui in the
4
Ashland community. As a policy, all cash dDnations will he welcomed with or without
stipulations and deposited in the Puhlic An Commission Trust Fund.
Alimonies donated to the Ashland PAC will he held in the City's gcncrallund
without risk of redirection of Itlllds for other City plllvose.
All monies donated will he receipted to the donor lor tax purposes and accounted
for using generally accepted accounting procedure.
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vVllllt> Crty, OR 47S03-1h74
(541) 7748]1\4
L" ('>4]) 774-1<\44
Mayor John Monison
City of Ashland
20 East Main Street
Ashland, OR 97520
f'I1f-omr
September 13~, 2007
Dear Mayor Morrison
OOOT staff and Adam Hanks with the City of Ashland met with Mr. Lloyd Haines and his consult,mts,
regarding the recent art installation on the ODOT owned bridge on Lithia Way crossing Water Creek. As
you may know, Mr. Haines installed artwork on ll1e bottom of the bridge decJc., painted portions of the
bridge, and added lighting and other features to the structure. This work was done without obtaining in
advance the proper permits.
The department is very concerned WIth any mociflCations, attachments or other disruption of any
transportation facility under ODOT jurisdiction, and especially a bridge Transportation facilities are crucial
economk: and public safety Infrastructure for our communities, and il is unacceptable to damage Itlem in
any way In this specific case, we are concemed not only with the integrity of the bfidge structure, but also
for the safety of the pedestrians uSing the facilities below the bridge, and the safety and feasibility of
inspecting and maintaining this structure with the current installation
Mr. Haines and his consultants provided ODOT with a vemal description of how the items were anached,
and we have detenmlned that they do not pose an imminent safety concern. However, the bolts th,at were
used on the frames are not approved for use on ODOT bridges, and regardless of the ultimate solution,
they must be replaced.
We are willing to consider this, or other similar projects in this location, if the City of Ashland requests
The proper process would begin with the City requesting a penmit from ODOT by providing plans and
details regarding the project This package would then be reviewed by our technical staff If approved,
ODOT will then ISSue a penmlt to ll1e City, as the responsible jurisdiction, for installation, maintenance, and
other activities. The City may choose to work with private or public entities to fulfill the conditions of the
penmit
I have outlined the following process with Mr. Haines regarding the nexl steps for the current installation
1. OOOT has set up a charge account to bin Mr. Haines fOf repair and investigative worj( relating to
the non--penmitted installation
2 I have established a grace periOC through Thursday September 2()lh to allow the City to respond to
OOOT if the City desires the current installation or similar concept 10 remain. If so, the City and
ODOT wiU begin working on the OOOT permit process.
3. If the City doesn't wish the current installation to remain or if the limeline to make that work isn't
feasible for ooors needs, the installation shall be refTICved by September 30"'.
h'ml 734-]4')1 (08'{Y-J)
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If the installation is to be removed, all non-permitted objects attached to the bridge structure musl be
removed, including frames, signs, bird houses, electrical, ele. ODOT has requested thai Mr. Haines
remove the painted panels, and Mr. Haines may also remove the rest of the items if he chooses. If he
doesn't, ODOT will remove the rest al his expense. In addition, ooor crews win also repair the damage to
the structure, v.i1ich will allow us to IOSpect and repair any unforeseen problems. We ask that Mr. Haines
notify ODOT on the status and schedule of his work.
We look forward to continuing to work with the City of Ashland on this or other projects. When planned and
coordinated in advance, we feel that we have many opportunities for aesthebc improvements Please don't
hesitate to contact me al (541) 774-5380 with further questions Of concerns
Sincerely,
~~
Eryca McCartin
District Manager
cc: Lloyd Haines
Adam Hanks, City of Ashland
ODor technical staff
LLOYD MATTHEW HAINES
MEMG[I~ 01- THE
ORLGON AND
CALIFORNIA GAR
AT10RNI::Y Al l.AW
TCl (:'41) 482-9300
FAX (541) 482-933<1
E. rTlU i I Ilovd mll(l i 11 CS'~("
'i{lhoC).com
96 N MAIN SIRLLT, SUITL 202
ASHLAND, ORCCON, 97520
SepIember 26,2007
,
"
Martha Bennett
City Administrator
20 E. Main
Ashland, OR 97520
RE: Viaduct Art
Dear Martha:
Enclosed with this letter arc copies of the eight murals and the signs containing the artists'
statements.
Please include these photographs with the packet that goes to the Council regarding a proposed
donation of the art to the City of Ashland.
reel free to call if you have any questions. I remain.
V cry truly yours,
ktV
I.Ioyd M. Haines
LMH:sm
ee: Ann Seltzer, City lIall, 20 E. Main, Ashland OR 97520
MEMBER OF THE
OREGON AND
CALIFORNIA BAR
LLOYD MATTHEW HAINES
ATTORNE:Y AT LAW
TEL (541) 482-9300
FAX (541) 482-9334
Emoil Iloydmhoines@
yahoo com
96 N MAIN STREET, SUITE 202
ASHLAND, OREGON, 97520
September 17,2007
Martha Bennett, City Administrator
John Morrison, Mayor
City of Ashland
Dear Martha and John,
I want this letter to serve as an apology for the chaos I have created. We have worked
together in the past to improve the ODOT property. Upon my urging, the City
participated in creating a public friendly space downtown, and we cleaned up an area that
was inhospitable and dangerous.
In my failure to collaborate with you in the project, I made a mistake and was wrong. Not
talking with you first must have felt like a betrayal and breach of an unstated agreement.
It was not my intention to disrespect you or the City. For this I am truly sorry and
apologize.
I acknowledge the issue of public art must be addressed in a public manner, whether
through the Arts Commission or some other vehicle. I acknowledge the public policy
benefit of not having ANYONE create art and hang it on a public structure without a
public process, although I do believe the public owns the property and the government is
merely a trustee that manages it.
The underlying reason for my actions, however, was to address the anti-mural (art)
portion of the sign ordinance. I believe this ordinance is inappropriate for a city that
claims to hold art and creativity as core values. I believe this portion of the ordimmce was
created out of fear and does not serve the City well. I believed my actions would bring
this issue to the front burner and hopefully the City will change the sign ordinance.
[ felt compelled to act independently because the City has disregarded this issue for many
years. I am aware of several Arts Commissioner who resigned due to the City's
unwillingness to consider differentiating between commercial signs and art. I believed
asking the City (once again) to address the anti-mural ordinance was a futile action,
without first placing the issue before the public in a very visible way. And, as you are
aware, I initially asked the Arts Oon\\\'tission to coordinate the decoration of the bridge.
They were dissuaded to do so by City hurdles, especially the anti-mural ordinance.
Looking at other cities around the state and country, the public has been served well by
murals on buildings. Portland would not be Portland without the Lewis and Clark mural
on the Historical Society building. Gresham would not be the rich place it is without
murals on most of the downtown buildings. Murals have transformed Philadelphia.
Temporarily showcasing current thought, expression and values in a medium that is
capable of morphing according to changing demographics and sensibilities of a city's
inhabitants, serves as both history and an affirmation of the faith and hope of its people's
vision of the future. Maybe Ashland has something to learn from other cities experiences.
I hope the City can find a way of making it possible for OOOT to accommodate the
public art, which I am attempting to donate to Ashland, whether by calling it a temporary
installation or whatever, until a permanent solution is found. Ifnot, I will take it down by
the end of the month as requested by OOOT.
Sin;tIc
Lloyd Matthew Haines
he matter, I am available at your convenience.
Memo
CITY OF
ASHLAND
Date: September 28, 2007
From: Adam Hanks
To: Martha Bennett
Re: OOOT Permit Process - Haines Art Project
Should the City of ^shland pursue a permit to allow for the permanent installation of the art
work currently attached to the underside of the Ashland Creek bridge deck, the Oregon
Oepartment of Transportation (OOOT) will require the City to provide the following items:
. ^n engineers description of the attachmcnt and load calculations of the items being
attached, including size, type, weight, attachment equipment and process, ete
. ^ traffic control plan ifneeded
. Bonding and Insurancc (sample forms attached)
· ^n agreement between the City of ^shland and OOOT for thc maintenance and
protection of the facility/attachment
This permit would be a scparate permit from the current permit the City has with OOOT for the
pathway, landscaping and sculpture in the area under the Ashland Creek bridge.
Community Development
20 E. Main Street
Ashland OR 97520
'!!'!!!J,a}IJ.I.~tnd,or.us
Tel: 541/488.5305
Fax 541/4886006
TTY 800/735.2900
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PERMIT BLANKET PERFORMANCE BOND
[ BOND NO.
_ ]
KNOW ALL MEN BY THESE PRESENTS, That we,
an individual corporation, whose address is: _
as Principal, and the
Company, licensed to do
business in the State of Oregon, as surety, are held and firmly bound unto the Department of
Transportation, in the sum of
which payment, well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH WHEREAS, from time to time the
Principal will be engaged in performing work authorized by permits issued by the Department
of Transportation to perform certain grading, leveling, filling, drainage, paving, pipe line
installation, and/or other types of work on highways rights of ways or property under the
jurisdiction of the Department of Transportation and in connection therewith must furnish a
bond to the Department of Transportation.
NOW THEREFORE, if the Principal herein shall restore said highway right of way or
property under the jurisdiction of the Department of Transportation to a condition required by
the Department of Transportation as specified in the permit under which the work is being
performed, then this obligation is to be void; otherwise, it shall remain in full force.
IN WITNESS WHEREOF, the said Principal has hereunto set the Principal's hand and
seal, and the surety has caused these presents to be signed by its duly authorized officers and
its corporate seal to be hereto affixed this
day of~_____20
~-.1PRINCIPAL)
BY
(SURETY)
BY
ADDRESS
TELEPHONE
734-1909A(11-00)
PERMIT PERFORMANCE BOND
I BONO NO
KNOW All MEN BY THESE PRESENTS, That we,
an individual corporation, whose address is:
as Principal, and the Company, licensed to do
business in the State of Oregon, as surety, are held and firmly bound unto the Department of
Transportation, in the sum of which payment, well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severallYi firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH WHEREAS, the Principal is under
permit no.
from the Department of Transportation, to
upon the
highway, between/at/near
and in connection therewith must furnish a bond to the Department of Transportation.
NOW THEREFORE, if the Principal herein shall restore said highway right of way or
property under the jurisdiction of the Department of Transportation to a condition required by
the Department of Transportation as specified in the permit under which the work is being
performed, then this obligation is to be void; otherwise, it shall remain in full force and effect.
IN WITNESS WHEREOF, the said Principal has hereunto set the Principal's hand and
seal, and the surety has caused these presents to be signed by its duly authorized officGl's and
its corporate seal to be hereto affixed this day of 20
(PRINCIPAL)
BY
____lSURETY)
BY
ADDRESS
TELEPHONE
734-1908(4-0C)
INSURANCE CERTIFICATION
APPROACH ROAD, UTILITY OR MISCELLANEOUS PERMITS
FILE WITH: ACCESS AND UTILITY PERMITS
800 AIRPORT RD
SALEM OREGON 97301-4798
TELE: (503) 986-3031, FAX (503) 986-3032
THE
OF " . 'd' t d h nder ave been issued and are in full force and effect
hereby certifies that such I,nsura~~e pollcleds ahs ardedlnt'o'ncaal e,nsu~~~ ~nd no ice of cancellation provisions listed below have
on the effective date of thiS certificate an tea I I
been endorsed into the policies.
Name of
Insured
Add
ress 0 -~-
Insured POLICY POLICY LIMITS'
I TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE E PIRATION DATE
BODILY INJURY DCG. '-~
! GENERAL LIABILITY BOOll Y INJURY -AGG,
o COMPREHENSIVE FORM PROPERTY DAMAGE oce.
o PREMISES/OPERATIONS
o UNDERGROUND EXPlOSION PROPERTY DAMAGE AGG.
o AND COLLAPSE HAZARD I B[ & PD COMBINED Dec. I
o PRODUCTS/COMPLETED OPER. B) & PO COMBINED I~GG. ...
o CONTRACTUAL I PERSONAL INJURY t.GG.
o INDEPENDENT CONTRACTORS !
o BROAD FORM PROPERTY .~.
DAMAGE I
o PERSONAL INJURY
800lL Y INJURY
AUTOMOBILE LlABIUTY (PER PERSON) ~---~
g ANY AUTO BODJL y INJUny
o AlLOWN[O AUTOS (PER ACCIDENT) --
{PRIV. PASS.l PROPERTY DAMAGE
o ALL OWNED AUTOS
(OTHER THAN PA1V. PASS,} BODILY INJURY AND
D HIRED AUTOS PROPERTY DAMAGE
o NON OWNED AUTOS COMBINED
D GARAGE LIABILITY
-.
EXCESS LIABILITY EACH OCCURENCE
o UM8RElLA FORM i
AGGREGATE
o OTHER THAN UMBRElLA --
FORM
. MINIMUM LIMITS: BODILY INJURY $200.000 PER PERSON. $500.00( EACH OCCURRENCE
PROPERTY DAMAGE $50.000 EACH OCCURRENCE, OR $500,00 o COMBINED SINGLE LIMIT
The State of Oregon, its Department of Transportation, its Divisions, Officers and Employees are hereby included as an additional
insured in the he-rein numbered policy or poliCies as to the operations of the name insured under any pipe, pole, conduit, approach
road or miscellaneous permft issued by the Department of Transportation, but ani with respect to the insured{s) activjties to be
perforllled. under permit.
There shall be no cancellation, material change or intent not to renew the insuran e COVerage listed above without 30 days written
notice from the insurer(s) to the Access and Utility Permit Unit, 800 Airport Rd., alem, OR. 97301, Any failure to comply with the
reporting provision of this insurance shall not affect coverage{s) provided to the S ate of Oregon, the Oregon Department of
Transportation, Its Division, Officers and Employees.
INSURANCE COMPANY OR AGENCY ADDflESS ~
I
SIGNATURE OF INSURANCE COMPANY REPRESENTATIVE DAT~- rlEPHONE
I
734-1852/10.03)
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-- JOTFUl COUAJlORIITION""
Artist: Denise Baxter, Ashland. Oregon
I believe that CIIlndlvldualll we create ow own
reollly - Where \Y8 retIkIe and seek refuge. From
thll perspective we View the IeIt or the WCIId.
To acI'Ileve JOy' and unity. we must atep outside
01 those rGallllee and ccIcmorata wtth OUr WCdd
at large. In my mural. fiord 1mag8l, vegetation
and wlkllre replelent beoutv. kh;tn.. ond
undenlandlng-fralfl I beIe\4e are l"1)Ortant When
Interacting WIth oIher1. TtI. paII'Iln my mural Is
tranquil and I'8pr8I8nts a Y8CrMig to live In a
WDdd Where people jain together In peace. amldllt
dlYel1l1y and dlaagraement. When VIewIng my
, work. IIMf people Will remember that we cany
curselvellnto the work:t eaCb day and we decide
what we want to oontrtbut&. Choos& ,something
that will bring us one step closer 10 Joy and unlf\t.
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'LAY" lillY"
Arttst: Joseph Crowell. talent, Oregon
My VIlleIn 01 a cocperatlVel comrn\dy 1<Wm"g
acene Is a notion that has been with me lor 10I'I'II8
, time, and given the oppcrhdIy, thl8 prOject II a
time to depict what I c:n hDJ*lg III a realistic future.
1he 1IQweQ and bees (We 0 vttal oomee=tlon In the
web 0I11Ie. n rerdndl me of my comec1ton to
... wortd - Mother Nature'. ac~nct\n.
I feel being Involved In this Protect at this *n8 In
my life II no coIncld8nce. 1he focus and Intsn1lon
I am RaW' ereatmg ~ my reality Is manIfeItIng
almost on a dally baSIs. BeIng selected as one
of the arllltlln tta mu~1 pltJject II yM another
Indication that I en on my path.
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ArtIst: Robert Paulmenn. Allhland. Oregon
-MY ROOTS REST ON THE BONES OF WHALa BlJl'
YOU ARE OWER THAN 1.11 Fnpn EIm)"t~.
IhI& II tI'I. lnaplrallcn for the Great tree. lhe rest
of the painting Is a ~ result of 1he thought that
these ancient roots are younger than the spirit of
the girl In the meam. The daIV eycIBB 01' IIIe have
remc.1lned unchCInged ..nee the begft*Ig or lime.
as we ha\fe chOMn 10 pelt;eNe them. And tI'IOM
cycles ate represented by day and night. and
the land cmd the I8Q are the cradles of that Ire.
lhe rooIB <md IOCka hdd ~ life. as we have all
been bom of 1hIs eorltl. 1he roct thQt we are aI
of "'" place allOWl ~ of the ONION_ 01 tI'I. eartl'l
to Ive In symbiotic hallhOnY. without malice. for the
muhd beneftt of the whole, ~ under
the great tree of 1118.
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--INTO THE
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H LANDI OF THE
MllIJIICHT sur
,ArtIst: Judnh Falconer. Grants Pall, Oregon
My ....-.on 'W0I1o depict the ~ 10 Joy and ~
CIS I see It. ummcdely. 'Nf) (18 tuTlanllll'lve to
achIeVe aplrtlual enllghlenmw. I put a human In
the sea as Q I9mlnder. other them our sours
JouIT18t', we have nothing. It Is dwayt poaIble
for any1hlng In our dally Ire to dlsappem In a flash.
In both environments. man would pertsh
I' not for our ~.rUtv. lhls II not 10 tor the other
creatures -they are quite at home. we Ihauld be
thankful and mlndf~ to UI8 this gift of mgenlfiy
10 exist with all Ire In a WOJ that keeplus DR
IIJbe Path..
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Art Mural Statement
Lloyd Matthew Haines
October 2,2007
Ladies and Gentlemen:
The rehabilitation of the ODOT property under the Lithia Way
Viaduct, including placing murals on public structures, is a
Vision of what is possible in unsightly and dangerous urban
areas. It can be a model for other parts of Ashland and other
Cities as well.
The placement of Murals on public or private structures is not
permitted by Ashland's anti-mural ordinance. This antiquated
statute no longer benefits Ashland's artistic and creative spirit.
I offer the Murals, lighting and rock work to Ashland as a gift, if
the City wishes to accept it. If requested, I will remove the
artwork until the City decides whether or not this donation is in
Ashland's best interest.
Although I have apologized for the manner in which this
installation occurred and have accepted the financial and legal
consequences of my actions, the placement of murals in
Ashland could not have occurred under current law
I request the City consider whether this creation is artistically
significant, beautifies the City and is of value to the public. If
so, please accept this gift.
Thank you.
CIT'f OF
ASHLAND
Council Communication
Study Session - Transportation Financing Task Forcc Recommendatio~s
Meeting Date: October I, 2007 Primary Staff Contact: Paula Brown1,.u(<_-
Department: Public Works / Engineering E-Mail: brownp@ash)and.or.us
Secondary Dep!.: Finance ~ Secondary Contact: Lee Tum,berg
Approval: Martha Bennet i) Estimated Time: 30 minutes
Statement:
The Transportation Financing Task Force was identified and fonned as a result of the November 21,
2006 and January 16, 2007 Council meetings. Early discussion identified that thc concerns were much
broader than "just strects" and renamed themselves thc "Transportation" Financing Task Force. From
March 20, 2007 to the end of August the group held meetings on average every thrce weeks to discuss
the City's transportation network (streets, sidewalks, bike lanes, transit, etc.) and developed a set of
recommendations to balance thc limited available funds with thc competing needs to maintain and
operate the City's transportation system. This item will provide a review ofthe Task Force's
discussions and a set of recommendations for Council's consideration with respcct to the street
network funding.
Background:
There is significant competition for regional, state and federal transportation dollars. The required
expenditures to adequately maintain our street network system far outweigh the typical revenues the
City rcceives. This has created a sizeable backlog in maintcnance projects. Developing a consistent,
long-term street/transportation funding plan to maintain and improve the transportation nctwork must
be a priority. Currently the City's Street Fund is uscd to provide funds to not only maintain City
streets, but also to maintain landscaped center mcdians, downtown street landscaped arcas, downtown
sidewalks, the City's portion of the Rogue Vallcy Transit District and also funds new strcct
improvements and other transportation capacity improvements. The Street Fund also ineludes the
Storm Drain Division which is a separate division within the Fund.
The Transportation Financing Task Force focused on the street network or pavement, curb, gutter,
bikelanes on streets (not separate bike paths) and sidewalks adjacent to streets (not trails or separate
walking paths). The group specifically did not discuss transit or boulevard maintenancc costs other
than recognizing that thosc costs are in the Street Fund. The current transportation system project need
is based upon two primary elements; I) maintaining the existing street network and 2) ncw
improvemcnts or extensions to the existing system. Based on the current CIP list, the total cxisting and
new improvement costs provide a capital program of just under $20,000,000 for the next 6 years.
Some of these projects arc funded with grants, or local improvement dollars, or with a portion of the
dedicated state gas tax funds. If those dcdicated, non-City funding sourccs are reduced from thc
overall equation, there is an average of a little ovcr $2 million a year short fall or gap that must be
financed through different sources of new funding.
The Transportation Financing Task Force spent 5 months reviewing different aspects ofthe City's
transportation system, maintenance programs, street improvement needs, standards, funding
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CITY OF
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mechanisms that arc typically used, brainstormed "out of the box" funding streams, and ultimatcly
dcvclopcd a list ofrccommcndations for the City Council's considcration. These recommendations
and the basis for the recommendations are presentcd in thc attached section "Transportation Financing
Task Force Report; Detailed Backb'TOund and Rccommendations" on the next several pagcs.
Staff / Task Force Recommendation:
The committee focused primarily on street surfaces, but discussed the importance of including other
elements of the transportation network. Identifying the funding gap within the current 2008-13 Capital
Improvements Plan (CIP) and the operations system became an important focus as the team was ablc
to quantify current known quantities, but future unknowns must also continue to be addressed. There
are several different funding options available and the Task Force will recommend looking at a variety
of elements to cncourage program stability. As with most programs, there will be trade-offs and
priorities established by cach Council, and thc rccommcndation is that all clements ofthc
transportation system, not just the street network, havc a rcasonablc Icvcl of prioritization for ovcrall
community sustainability. Sidewalks, bicycle lanes, multi-use paths, transit, freight movcmcnts for
business, as well as the street network all have valuc and importance to our community.
The Transportation Financing Task Force recommends implcmenting all or some portion of each of the
following funding options:
I. Adjust SDCs with revised TSP and CIP; includc both rcimbursement and improvement rates
2. Implement other charges / fees as acccptablc to Council
a. Partial food and beverage allocation to Street Fund (cxisting or with the increased base)
b. Rcgional gas tax (with Jackson County)
c. Local or regional vchicle registration
d. Increase business license fees for thosc with heavy vehicle/truck activities
e. Bicyclc rcgistration
3. Look at the option to use Transient Occupancy Tax fees to supplement tourism impacts for
boulevard and downtown landscape maintenance costs
4. Increase transportation utility fee to meet all or a portion ofthe debt service gaps
5. Challenge staff and citizens to idcntify behavior changcs or incentives that will reduce the use
of automobiles and provide financial incentives to broaden alternative transportation strategies.
6. Explore offsets or the sale of "carbon credits."
In addition to looking strictly at funding objectivcs, thc Task Force felt strongly in thc importance of
the overall transportation system and helping to reduce thc reliability in the traditional automobile use.
Some of the funding mechanisms that were rccommended above allow focus and exploration on the
behavior changes and re-emphasize the Transportation Element: "... The foeus must be on people being
able to move easily through the city in all modes oltravel. Modal equity then is more than just a
phase. It is a planning concept that does not necessarily imply equal financial commitment or equal
percentage use of each mode, but rather ensures that we will have the opportunity to conveniently and
safely use the transportation mode oj"our choice, and allow us to move toward a less aIilo-dependent
community. "
Page 2 of 25
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A realization for this Task Force was the importance of transportation planning and a focus on more
than just streets. The need to integrate transportation system needs with all aspects of the City's
growth and policy direction may be intuitive in hind sight but is an item that the Task Force wants to
highlight for future Council policy direction. Again, emphasizing the Transportation Element:
"Ashland has a vision to retain our small-town character even while wc grow. To achieve this
vision, we must proactively plan for a transportation system that is integrated into the community and
enhances Ashland's livability, character and natural environment. "
Although not specifically identified as an initial objective for this group, the Task Force feels there is a
need to clearly define where transportation planning belongs and where the authority lies as Ashland
continues to grow and plan for more complex transportation challenges. Perhaps the need to identify a
Transportation Commission with traffic safety and bike/pedestrian as sub-committees should be
evaluated over the next year.
Related City Policies:
FY 2007-08 Budget - including the CIP
Ashland Transportation System Plan (1998) [http://www.ashland.or.us/Pa~e.asp?NavlD=l 021 0]
Ashland Comprehensive Plan - including Chapter X Transportation Element (December 17, 1996)
Ashland Community Values Statement
Council Options:
Council could do one of the following:
I. Accept the Transportation Financing Task Force Recommendations as written or with slight
modifications.
2. Recommend further review on Task Force recommendations and modify them during the
Council meeting.
3. Reject the recommendations as presented and send them back to the Task Force for further
review and modifications based on Council discussions from the meeting.
4. Accept the Task Force recommendations in concept, but request a separate study session or
council meeting for further Council review.
5. Take no action on the Task Force recommendations.
Potential Motions:
Council moves to ... [do one of the following]:
I. Accept the Transportation Financing Task Force recommendations as written.
2. Accept the Transportation Financing Task Force recommendations with the following
modifications... [state specific modifications or have staffrcpeat the discussion].
3. Reject the recommendations as presented and send them back to the Task Fore,: for further
review based on Council discussions from the meeting.
4. Accept the Task Force recommendations in concept, but request a separate study session or
council meeting for further Council review.
And Council further thanks the members of the Transportation Financing Task Force f()r their
dedication and time spent on developing the recommendations.
rugc 1 of 25
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Attachments:
Transportation Financing Task Force Detailed Background and Recommendations
City of Ashland Pavement Management 2007 (presentation)
Additional Information:
Transportation Financing Task Force meeting agcndas and minutes may bc found on the City's web
site at: http://www.ashland.or.us/Agendas.asp?CCBID~217
Task Force Members:
Russ Silbiger Council Liaison
Keith Massie Traffic Safety
Arlen Gregario Budget Committee
Don Laws Citizen Member
Pam Hammond Chamber Representative
Gary Mallicoat Fuel Station Representative
Pam Marsh Planning Commission Member
John Stromberg Citizen Member
(resigned mid way through the process due to Planning Commission requirements)
Staff: Paula Brown, Lee Tuneberg and Dawn Lamb
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Transportation Financing Task Force Report
Detailed Background and Recommendations:
Summary
Although the Transportation Financing Task Forcc focused primarily on street surfaces, they discussed
the importance of including other elements of the transportation network. The Task Force focused on
identifying the funding gap within the current 2008-13 Capital Improvements Plan (CIr). They did not
analyze or quantify specific transit, bike or pedestrian needs which will be more fully addressed in thc
Transportation System Plan (TSP) Update.
Undcrstanding the operations system became an important clement as the team quantified current
known quantities. Future unknowns must continue to be systcmatically addressed. There are several
different funding options available and the Task Force reeommcnded looking at a variety of elements
to encourage program stability. As with most programs, there will be trade-offs and priorities
established by Council, and the recommendation is that all elements of the transportation system, not
just the street network, have a reasonable level of prioritization for overall community sustainability.
The Task Force felt strongly in the importance of enhancing the overall transportation system and
helping to reduce the reliability in the traditional automobile use. Ensuring that the transportation
system has a committed focus for sidewalks, bicycles, transit, business and freight movement, as well
as for automobiles should be a long-term priority for our community.
How this Analysis is Organized
The Transportation Financing Task Force was very methodical in their approach to the situation. They
initially evaluated how the streets are classified and how they are rated (the street maintenance levels
and overall condition index, OCI). The Task Force reviewed the general maintenance costs and when
maintenance was determined, how long it lasted, etc. They looked at capital projects, street system
recommendations (from the TSP), costs, priorities and funding sources. As this project continued, the
discussion of the correct OCI standard was a topic of further discussion. The discussion then focused
on revenue sources and gap amounts. Along with standard considerations, there were some unique
ideas for additional funding. There are three primary rccommendations from the Task Force; I)
revisions to the OCI, 2) evaluate a variety offunding programs, and 3) provide better infonnation to
thc community on their impacts and how to hclp. The Task Force's report and analysis is laid out
along the discussion lines as follows:
Current System
Current Transportation and Improvement Needs
Current Street Overall Condition Index (OCI) Standards
Unpaved Streets and New Improvements
Capital Improvements Plan and Dcfining the "Gap"
** Task Force Recommended Street Condition Index
Current Revenue Funding Mechanisms
** Recommended Rcvenue Funding
Who should pay? And how much should they pay?
** Recommend providing Additional Information for Community Members
Define property owner's responsibilities and hclpful maintenance tips
Page 5 of 25
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Current Transportation Maintenance and Improvement Needs
The current transportation system project need is based upon two primary elemcnts; I) maintaining the
existing strcct nctwork and 2) improvcmcnts to the existing systcm. The current strcct condition indcx
indicates a total of $5.3 million in pavemcnt costs alone to bring the strccts to acceptable conditions
which are currcntly defined as an ovcrall condition index (OCI) avcrage of 78. It is estimatcd that
unless these projects are fundcd over the next 5-10 years, costs will significantly incrcasc as the
pavement condition worsens and fully deterioratcs. Street maintenance requircs a funding stream of
approximately $800,000 to $1,000,000 annually to adequately maintain street pavement.
Funding for unpaved strccts and new improvements are an additional cost. Currently unpavcd strcets
are considered new improvements and are paid though a combination of grants, local improvement
districts and City strcct funds. In addition to street pavement, there arc necessary improvements to thc
railroad crossings, bikepaths and sidewalk systems that will require an additional $1,000,000 annually
for at least the next 5-10 plus years. Transit needs were not discussed bcyond keeping at least current
requirements and looking at the future necds through the TSP and Transit specific evaluations.
Current Street Overall Condition Index (OCI) Standards
· Current OCI for all strccts in the systcm is 78 and 78 is the standard average the City uscs.
1) There are 11 street se!,'1Ilents that arc at an OCI of 29 and below and the cost to improve
those segments is $4,687,000. Currently 4 of these street segments are in the ClP.
2) There arc 47 street segments that are have an OCI between 30 - 49 and the cost to improve
those segments is $1,856,000. Five of these segments are alleys that are high volume
alleys, but not typically a priority for the CIP. Four segments are currcntly in the CIP.
3) There are 2 I street segments that arc at an OCI between 50 - 69 that have portions that
require reconstruction and overlay with a total estimated cost of$1 ,833,500. Five of the 21
segments are Iowa Street segments and partially included in the CIP. The CliP should be
adjusted for the entire street section at a cost of$585,000.
4) There are 50 street segments that range on from 50 - 69 with only an overlay required at an
estimated cost of$I,916,500.
5) There are 143 street segments that are at an OCI between 70 - 85 and the cost to maintain
these segments with crack-sealing, patching and slurry seals is $2,021,000.
6) There are over 340 street segments that are at an OCI of 86 and better and the cost to keep
them that way by performing minor crack sealing and minor maintenance is $643,000.
· In summary, total estimates for current streets arc as follows:
I) Failed: OCI of29 and below
2) Poor: OCI between 30 and 49
3) Fair (III major): OCI between 50 and 69
4) Fair (II routine): OCI between 50 and 69
5) Good: OCI between 70 and 85
6) Excellent: OCI of 86 and better
TOTAL
$4,687,000
$1,856,000
$1,833,500
$1,916,500
$2,021,000
$643,000
$12,957,000
major improvements (CIP)
minor improvements (CIP)
major maintenance (>2" pave)
routine maintenance (<2" pave)
routine maintenance
minor maintenance
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Unpaved Streets and New Transportation Improvements
Ashland's current (W &H Pacific, May 1998) Transportation System Plan (TSP) has been the basis for
transportation projects and capital infrastructure improvements for the past 9 years. The Transportation
Element (December 17, 1996), Chapter X of the City's Comprehensive Plan, remains in effect. The
City is currently in the process of hiring a consultant team to update several sections of the TSP
including the existing conditions and constraints, recommendations for needed transportation system
improvements and develop a prioritized 20-ycar Capital Improvements Project (C[P) list. The focus is
on all transportation needs; streets, sidewalks, transit facilities (not routes for this particular update as
that will be addressed separately) and bike lanes/paths. The consultant will also provide rationale and
revised methodology for updating the City's Transportation SDCs and will discuss funding needs,
balance and the requirement for SDCs and fees.
New streets, bikelanes, transit links (sidewalks to transit locations), safety improvements, railroad
crossing improvements, signalizations and other major improvements are included in both the TSP and
the ClP (shown on the next page). These projects annually add an additional $1,000,000 plus.
As previously discussed, the need for complete transportation amenities to insure a safe and reliable
transportation network goes beyond any traditional thoughts of asphalt roads for vehicles. Although
the asphalt on streets is utilized by more than just the automobile user, asphalt is often associated with
cars only. [n general the traditional street network is also used by the trucking industry to get goods to
and from dclivery locations, used by cyclists for recreation and commutes, used by transit to provide
that alternative mode of transportation and in the absence of sidewalks is also used by pedestrians
(although hopefully not on boulevards and collectors). Overall, the entire transportation network
(streets, sidewalks, multi-use paths, transit, etc.) needs to be healthy for the whole system to function
well.
New Streets
The TSP and CIP reflect new street sections based upon two primary clements; I) paving dirt or
otherwise unpaved streets through Local Improvement Districts (LIDs), and 2) new connections to the
street network due to new development, ancillary to new development or other capacity driven
expansions. The current CIP (copied on page 9 ofthis document) shows four projects for new streets.
For most ofthese, there are grants, loans or combinations of additional funds that allow for the
improvements. The LIDs are more than just pavement projects to pave unpaved streets - they also
provide sidewalk(s), drainage and other ancillary improvements. All LIDs are funded at least in part
by the adjacent property owners; generally over 60% of the project costs are funded by City.
Bike Lanes and Bike Paths
A separate striped bike lane is required for all new avenues (arterials) and boulevards. The City has
been fortunate to add bike lanes on several existing avenues and boulevards. Bike paths (or multi-use
paths) and bike lanes are also included in the ClP. The current ClP includes two specific bike path
projects identified for the next 6 years, yet there arc other projects that will also have bike lane features
(ie; Downtown Plan and the majority of all of the "new" street projects also have bike lane
components). When the TSP was developed in 1998, there were limited bike facilities on boulevard
and collector streets. Since then, there are added bike lanes on Siskiyou, N. Mountain Ave, Tolman
Page 7 of 25
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Creek Road, portions of Ashland Street, portions of E. Main Street; the Greenway Bikepath was
extended from the Dog Park to Valley View Road, the multi-use path from North Mountain Park to
Munson, and the bikepath along the railroad from 8th to Shamrock were also completed. That said,
there are still significant portions of Ashland that arc not "bike friendly" and will require attention for
bike amenities. The downtown couplet, North Main Street (north of downtown) need bike lanes, and
there were several separate bike paths identified in the 1998 TSP for areas along the raillroad, school
route connections and park areas. The estimate in 1998 was an additional $3M - which translates to
approximately $4.5M today. All of the bike lanes and separate bike paths will be reviewed with the
2007 TSP Update. A rough estimate for bike path construction is $120/ linear foot (10 foot path) for
bike paths without significant right of way costs.
Sidewalks
The City's current CIP includes six separate sidewalk projects plus a line item for concrete safety items
which includes repairs to some existing sidewalks in the downtown core (as well as curbs, gutters and
some handicapped ramps). As stated previously, all LIDs have a sidewalk element as well and there
are seven additional LID projects listed in the CIP. Sidewalk projects cost approximately $8.50 /
square foot. This equates to $51.00/ linear foot for standard 6 foot wide sidewalk or $42.50 / linear
foot for a 5 foot wide sidewalk. The City's CIP shows $150,000 per year for sidewalk projects which
equates to approximately 2,940 feet a year (a little over half a mile of 6 foot wide sidewalk). The TSP
identified approximatcly 23.5 miles of stand alone (not related to street projects) sidewalk needs in
1998 at an estimated cost of over $3 million. It is estimated that the City has added roughly 9.5 miles
of sidewalk added since 1997, leaving 14 miles of sidewalk remaining. Priority projects were
identified as sidewalks along school routes, transit routes and sections of "missing links" and the
majority of those initial priority projects have been completed through grants, LIDs and City funds.
The City's standards vary for sidewalks from 5-6 feet in neighborhood residential streets to 6-12 feet
on arterials and collectors. Along with sidewalks, the City will install handicapped ADA ramps at
comers (approximately $1,000 per corner) to allow full access for those with less than full mobility
and enable access to transit stops. The TSP update will address new sidewalk needs. Sidewalk
projects are typically funded by a combination of City funds, some grant funds, and LIDs.
Safety Items; Railroad Crossings, Signalization, etc.
Infrastructure needs for safety improvements typically focus on intersection redesign / reconfiguration
and may include signalization or other traffic control measures. The City has several safety concerns
with railroad crossings that are currently in the design phase and on the crp, however not all the
funding has been identified. In addition to the railroad crossings, the Wimer / Hersey realignment at
N. Main Street is also listed on the CIP for ODOT grant funds as it is part of the ODOT road system,
but those funds have not been allocated by ODOT. Typically, funding for these safety projects is
either through ~'Tants or City funds.
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CITY OF
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Cllpihlllmpl'ovements nan
2007-2013 Construction Ve<trs
Projt>ct outhorlze11 FY0613
D~c:ription 200607 200708 200809 2009-10 2010-11 2011 12 201213 TOTAL Cost
----~~-- -_._.~- =-~~:~~tF~IL .
Trail ortatlon FY071lutb ryos FY09 FYlO ___FY!!__ Project Totlll~
- ------ .. . ----
Bus Shelters for High School (Siitiyou @ Beacbf:\lo~e) .. _J!1~~~_ - ..... ------- .- f--_....... --------- '0
North Ashbnd Bikeway Ph II; Central Ashland Bikeway $155,000 $500.000 .- $850,000
_~aYelr.!!>.l!ddBSlre~ Q~ _Street 10 5th Stn:et pcr PMS S' I' MI>() - $405,000 -- ... ... - --- ___Bl5-,--O~O
_l~avelrelllli]d A Street - Oak Street 10 ] s~ Stre!_~~':...?_!\.~~!~'~~!,_(~_ ---- ~_~~,OOO $29(UIOO -- -- -------- ---- _$3J5,QQ~
_~aveirebuild Granite Street - NUII~J>ionter S~~Pl\1.~_____ ------ .. SJSO,OQO u_ ----- -- ----- ---..--- ~2Q.cOOO
Puveli-el,mild - C & Euneka; (CMAO-Cou~e~tioTl Mitio:ation Ai;:-O-ualitvj $18~,000 $100,000 SlOO,OOO
Railroad Cro~~iul< huo; E. Maiu (07) $740,000 $130,000 $4~O,OOO $630,000
~lli~_~_~!:.o~~g huy; Hersty & Lllllr51 (08/09) - $20,000 $7~0,000 S7~0,000 ~~!~-~!!,-QQQ,
---- ---- -- -'"
Railroad rrossing Imp; Oak & Walker(ll) , $1,2:'0,000 Sl>2~0,000
JefTenlon Slneel &Ien~ion Proiect (Bnllllnlo - OErOn) $900,000. $600,000 $900,000
Park and Ride Creatiou $2~0000i __ __$~.JlJLQ $30,000
Hersooy Streel Pedestri~;Safely Improvement;; $150,000 -_._~- $150,000
:MiscellaneousCollcrete Safely Repairs Sl50,000 $100,000 $100,000 $100,000 SlOO,OOO $100,000 $100,Q~0 $675,000
\{i~c New Sidewalk Improvements (based on prioriti7ed list in TSP) $80,000 $L~O,OOO $L~O,OOO $150,000 - $J.~O,OOO $680,000
_~epave/Rebui1o Allison Street per PMS S'])'~_~~_I'{! , - ~~~ $250,000 - -- . $285,000
-----...-........-
BeaverSlide Pedestrian Improvements _ _,m $7 $70,000
_Igp!!:!~_!~.Y'_a~!.~J~:!;>__,_,__ I _$140.000 BUill) U) o $5X5,nOO ~ $140,000
RebuildIPave N Mountain; KMain 10 I1e~~)' -- ------ ~~2,_QQO ----.-- $450,000
_'!:!' Main Street & WimerStreel Tnten;ection S_~.!!Yl'!lP~\'ements .-- ---... --.- $7~0,OOO --..--- $7~0.000
RellaveiRebuild Oak Street - Lithia Wav I!:,~_allroad TllI.Cks oerP:'\<IS $280,000 $Z80,000
Bikepath1mprovemcutonNMainsccti<:',n -- -- . $50.000 ~600,00O $6~O,OOO
HarTl_son St (Si~_kiy_out? lowa~o~!!~_lid) PMS; STI>,l\~_______ -..-- .-. $Z~,~O_OL $HW,OUlI .. -------- $ZO~,OOO
ReoavelRebuild Nonna! Ave - Ashland Sf to Siskivou Blvd oerPMS $190,000 $190,000
Signal Installation atTohnan Creek Road_& Siskiyou Boulevard - ..- $250,000 . S2~O,OOO
R, aveTavlorStreet pcrPMS ------ -. $100,000 .. $100.000
Downtown Plan Phase II $7~O.OOO $750,000 $1,500,000
~a!lnst~lalion algal:: Street & Hersev Street $300,000 $300000
~_I,r~ I,!,-pr_ovemenlstpllVl'IR_entper PMS (~oal b $Z50,OOOlvl'llr)__ -.-.--- - -- $Z50,1I00 $Z50,000 $500,000
Nevada Strl'el &llm~ion & Bridge Con,!, Be~ Creek to Mountain Ave $1.500.000 $1,!iOO,OOIl $3,300,000
Subtotlll Tl"ltlImortadon $2,410,000 $1,420,000 $2,830,000 $Z,855,000 U,9Z0,000 U,050,1I00 $Z,300,000 $16,875.000
--~- -,
Localbn rovemellltDistrich
__.__________. NorC......~""'tDtalproJ"'t,ost>,atypOrtlohvarB A.(il~) .!.!~7 au~. rY08 FY09 FYlO _ _ FYll_ +__ FYI2 FYll Project Totllls
Sidewalk-NevadaStreet;TSPschoolroutes lome . '0
Paveme.!l.!Jl~,.;,.!:':~.!.ri~_S_l!eet & Schofield Street Local T01prOVemenl Di;;tri $300000 $387.000 $437000
Pavement ulus; Plaza Avenue Local Improvement District $3~,000; $Z75.000 $275,000
_R?_~_ent e~;_!1.e.e~~ Beac~_Street $60,000 S400,000 $460,000
llide_':I'alli.-~311~~llit~!U~J:QRandy__ . _~_3_60,OOO -.... ------ C--...-... ~_~,i?Q..QQQ
Pavement plus; Libertv Street Local Imoroveme~t Oistri~t $240,POO --.- .-. $240,000
Pavement olus; Clav Street Local1I1JIlrovemcllt Dislri~t ----- - $~OO,OOO $500,000' $1,000.000
'Mi~cell~eou_s~o_caIlmprovement Di;;trict~___ r-'. n____ --- ~-t~- $ZOQ,'~ __$ZOO,QQO $400,OQ.~
Pavement plus; Waterline Road Locallmprovemtnt District $400,000 $400,000
SnbtotJd L~lI1lanDnvement Dlstrlch I $335,OO~L .S8~7,Ol)0 $915,000 $500,000 $5_l!~!~Ol}L_ $200,000 $600,000 $3,572,000
Total existing and new improvement costs provide a capital program of just under $20,000,000 for the
next 6 years. Some of these projects are funded with grants, or local improvement dollars, or with a
portion of the dedicated state gas tax funds. If those dedicated, non-City funding sourc'~s are removed,
there is an average of a little over $2 million a year short fall or gap that must be financed through
different sources of new funding.
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Task Force Recommended Revisions to the Street Condition Index
The Task Force spent a significant amount of time discussing the Overall Condition Index, how it is
devcloped, the skew that an average allows, street functions and utilization / classification, impacts of
failed streets and how to make a fair recommendation. The following recommendations were
developed:
~ Boulevards / Arterials (average 75; minimum 60)
The rationale for the minor decrease in average Oel is based on the improvement curve from the street
crew (see below and attached presentation on City of Ashland Pavement Management 2007). The
pavement begins it's degradation without the ability to improve with routine maintenance at 65.
Pavement is in the "good" range when it is between 70 and 85. Maintaining all boulevards at 75 with a
minimum level at 60 would ensure the majority arc in the "good" to ''"excellent'" range. Setting the
minimum at 60 allows the distress to be caught and fixed before becoming a load bearing concern.
~ Avenues / Collectors (average 70; minimum 60) see discussion above
Neighborhood streets (average 60; desired minimum 30)
The desired minimum is 30, but falling below that might be acceptable in some circumstances. 13elow
30 indicates that the street has failed and other than a full dig out and replacement, there is no other
maintenance option. The Task Force is recommending that no streets be in the failed category due to
significant cost of replacement and the increased safety risk due to failed pavement.
~ In general, it is recommended that no street segments be allowed to fall below 30 as that
requires a complete dig out and full replacement to bring the street segment back to an
acceptable rating. This docs not include currently unpaved or unimproved streets.
~ It is recommended the City's Boulevard and Avenues not be allowed to fall below 60. Once
they fall below 60, a plan should be developed for improvements during the next budget cycle.
Maintenance VS. Reconstruct
Feasible Repair Types
I
.."'.....,
<
---~7 p.""':::::"~',
\r~\
+ -
PCI Condition
Group Group
Typical Maintenance
R~nalr fco!':tllmitl
","
PCI
100
90
86-100
Excellent
Pavement'> vvith little
orno distres.:
Crack Seal
Patching
($1.40] If If::: linear foot
($6.00) sf 51::: square 1001
sy= square yard
80
10-85
Good
60
50-69
Fair
"
III
Patching 40% drop in quality
Pavements 'Nith significi:i.l"lt Type III slurry Seal ($L60} sy in the ~rst 75% of life
distress, nonload related. ..\-_
Pavements vvith significant Overlays <2" {$S.51l sy would cost an avg
distre ss, load related. 01 $4 50/sylo fix
See also the attached
2007 Pavement
Management
presentation for more
detail and explanation
on the Oel and street
system repairs.
70
50
40
30-49
Poor
IV
Pavements with major
distress.
Over:ay>2" ($12.76) sy
40% dr"op inthe
____next1?%olllfe
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Page] I of25
~~,
CITY OF
ASHLAND
Current Revenue Funding Mechanisms
Current revenue funding for the street fund includes State gasoline taxes, franchise fees (paid from the
water and wastcwatcr cntcrprise funds and from cable television scrvice providers), systems
development charges (SDCs are currently in the proccss ofbcing updated along with the TSP projcct
list), thc City's transportation utility fee, Local Improvement District fees for spccific projects, as well
as somc State and Federal Transportation Program grant funds for applicable projects. Thcrc arc also a
handful of smallcr grant loan programs that the City has used or applied for in the past including
Special Public Works Funds, Safety and other program funds.
The following are revenue streams that the City has uscd in the past:
I) State Gas Tax - consistent source of funding and providcs approximately $1, I 00,000 annually
which is split between maintenance ($860,000) and capital ($240,000).
2) ODOT Funding programs (competitive funding programs - no f,'llarantees)
a) ODOT Access Management Grant; Ashland Street where we were able to reducc thc
number of driveways and conflicts on thc Statc's system and we took Jurisdictional
Transfer/Exchange where the City receivcd long tcrm maintenance funds as estimated by
ODOT for accepting the street as a City street.
b) ODOT STlP Modernization Funds (projects funded as a reimbursement ~rant to the
City); Siskiyou Blvd - included ODOT Jurisdictional Exchange/Transfer (City received
long term maintcnancc funds from ODOT for accepting the street as a City street).
c) ODOT STlP Preservation Funds (projects completed by ODOT); E. Main Strcet,
Siskiyou Blvd from Walker south to 1-5.
d) Fund Exchange; City makes use of the fund exchange program routinely so that the City
can contract directly for construction projccts that arc in our TSP and in the Rogue Valley
Metropolitan Planning Organization's Regional Transportation Plan (RVMF'O RTP).
Typically this is a way to use city contracting and acquisition rules and avoids the lengthy
process of going directly through thc state for processing. The City did this for Union
Street, Sherman Street, and many others. It is likcly we will use the fund exchange for the
2007 Street Projects (A Street, etc.). Thc City rcceives the funds with a 6% discount. The
State reimburses us for approved contractcd work.
e) TE - Transportation Enhancement; actually administered by ODOT but is a fcdcral
program which has funded bikepaths, sidewalks and may help fund railroad projects.
f) Oregon Bicycle and Pedestrian Program; typically designed to put in sidewalks or bike
lanes in built out sections of cities and is smaller than the TE program. The City has been
aggressive and has reccived several grants utilizing the Bike and Pedestrian funds. The
sidcwalks on Oak Street, Downtown bump outs, and other projects havc been fundcd
through this f,'Tant program.
g) CMAQ - Congestion Mitigation and Air Quality; also administered by ODOT but a
fcderal program for grants to improve air quality; can be applied to paving unpaved streets,
purchase of street sweepers, diesel retrofit, etc.
Page 1201'25
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CITY OF
ASHLAND
h) STP - State Transportation Program Funds; prior to 2003, the City received a dircct
allotment of funds from the state. Oncc thc City was required to be a part of the MPO, this
automatic funding source was replaced with a compctitivc process within the MPO
prioritization. Thc City negotiated a 7 year authorization for projccts that had been
previously approvcd and in the process for STP funds. This has funded a significant
portion of the Water Street Bridgc projcet, Union Street and Shennan Street, and is slated to
fund a portion of A Strcet and B Strcct.
i) SPWF - Special Public Works Funds; to extend infrastructure for economic development
benefits and is currently being used for the Jefferson Street Extension (Brammo)
j) IOF - Immediate Opportunity Funds (ODOT and OECDD); tied directly to economic
development, not speculations; will provide street or road improvements
3) City Funding streams
a) Fees - Transportation / Street User Fees; Currently the FY2007-08 budget anticipates
revenues of$I,130,500 as a result of the 15% raise in Transportation User Fecs. Instead of
anticipating only a 2% cost of business increase. An additional 3% increase (5% total)
would boost the revenue by $56,500 annually.
b) SDCs - Transportation Systems Development Charges (SDCs); charged to developers for
new construction. Currently the City only has a new improvement SDC and does not
account for reimbursements from prior improvemcnts. This will be evaluated with the TSP
and SDC Update beginning in September 2007.
c) LIDs - Local Improvement District charges (currently bascd on Resolution 99-09)
Budget Figures
STREET FUND - Operations 2007 2007 2008
2004 2005 2006 Adopted Prelim Revised 2009 2010 2011 2012
#260 Actual Actual Actual Budget Actual Budget Projection Projection Projection Projection
Revenues
Taxes (local) 234,496 224,250 264,072 250,000 206,462 225,000 229,500 234, I 00 23~,~00 23~,~IHI
Intergovernmental
Revenue 916,554 1,(128,132 1,006,267 1,530,566 989,809 ~60,0000 ~77,200 894,700 904,900 922,600
Intergovernmental
Grants 366,549
Stonn Drain Fees 291,325 311,193 326,992 634,000 347,~16 503,200 562,400 6117,400 656,700 708,5011
Transportation
Fees ~73,~~6 933,641 970,123 1,092,500 1,1137,112 1,130,500 1,306,9110 1,411,500 1,524,400 1,646,4110
Mise Service 42,317 38,143 1,449 40,000 10,615 10,000 10,000 10,000 10,000 10,000
Interest on Invest 20,959 21,022 50,259 40,000 ~0,760 50,000 50,000 50,000 50,000 50,0011
Mise Revenues 399 2,5~2 14,9311 5,111111 138,169 25,000 10,0110 111,01111 111,111111 111.111111
Intcrfund Loan 2711,0110
Total Revenues 2,379,936 2,868,963 2,634,092 3,592,066 3,177,292 2,803,700 2,948,000 3,005,500 3,064,300 3,064,300
Actual % of Final
Budget Y2% Y3% 78% 88%
Page 13 01'25
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CITY OF
ASHLAND
Recommended Revenue Funding
As one would expect, the Transportation Financing Task Force discusscd costs based on system use.
Thc undcrlying agrccment was those that use the road systcm more, should pay more for that usc.
There was no real issue with the currcnt system of City revenues and all a~'Tced that transportation uscr
fees, SDCs and LIDs should continue, but they should also be reviewed for increases. There were
some additional opportunities that are discussed below.
1) Who should pay?
a) Those who use the most, should pay the most
i) Automobilc / Vehiclc Users
ii) Truck Drivers (heavier - more road damagc)
iii) Local Delivery Trucks
(1) define truck routes and incrcase the pavement to withstand the wear and tear
(2) can we limit truck traffic on some strects (not allow?)
iv) Bicyclists (registration fees) - need to keep bikelanes clean and user fricndly
v) Community in general - use of sidewalks, local streets, etc
vi) Schools (with the increase in parents who drive their children to and from school should
parcnts pay morc for the increased usc ofthc strccts?; can there bc incentives so that there
are less driving trips to school?)
vii) Visitors (glad to have visitors but they should share a portion of the costs - especially with
the Boulevard Maintenance and downtown landscaping being funded from the Street Fund)
viii) Developers (see the discussion in SDCs)
b) Fees and other revenue collection sources should be related to fuel use, miles driven, or
something similar, not taxes or utility bills; and where possible, adjustcd for impact.
c) Revenue Generating Ideas:
i) Loeal Gas Tax (in Ashland, there are 9 gas stations including 3 that are locally owned, 4
franchises and 2 card lock stations). Although a local (Ashland) gas tax was discussed,
there was general consensus that a purely local gas tax is probably not the way to go as it
might promote buying gas just outside City limits especially at exit 19. It would be another
"Ashland Only" fee. It is estimatcd that 1.2 million gallons of gas is sold each month in
Ashland. As such, a I~gas tax would gcnerate $144,000 annually.
Tigard - a quick side note, the City of Tigard enacted a 3~ local gas tax as of April I, 2007
as a result of a citizen task force recommendation to specifically raise funds for one specific
project. The tax will be collected until SSM is raised or December 31, 20 II, whichever
Page 14 of25
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CITY OF
ASHLAND
comes sooner. Tigard entered into an agreement with OOOT to collect the tax. Local
communities can enact up to a 4~ gas tax without additionallcgislation. Oftcn local gas
taxes are raiscd for specific project purposes and havc finite time limits. Currently thc
avcrage local gas tax is 2.4~
ii) County Gas Tax. Realizing that there is benefit from a mandatory gas tax as part of the
solution to a long term funding, a bcttcr or more palatable solution is in supporting a
regional or county gas tax. This dccision would have to gain support from other Jackson
(and maybc Joscphine) County communi tics, but all would bcncfit in developing a rcvenue
source for long term maintenance. For Ashland, a 5~gas tax would generate approximately
$720,000.
iii) Increasing the State Gas Tax. The Governor has made transportation a top issue to
resolve in the 2008/2009 term. The Oregon Transportation Commission is looking for
funding options and may potentially advocate for a state gas tax. If this is in place, OOOT
would take a portion right off the top for OOOT's transportation needs, thcn distribute the
remainder back to Cities and Counties. This would not be as beneficial as the direct return
from local or County gas taxes, but may bc the best overall solution to transportation
deficits.
iv) County Vehicle Registration Fee. Another thought is to look at a county wide vehicle
registration fee based on the size (weight) of the vehicle. The nexus is that the heavier the
vehicle, the morc stress on the road network.
v) Local (Ashland) Vehicle Registration. The thought is to gain revenue from the multiplc
vehicle household that is paying the same in strcct user fees, but has more impact duc to the
number of vehicles.
vi) Bicycle Registration Fees could be used to help off-set some of the additional costs for
bikelanc maintcnance. There were questions as to thc practicality and cost to administer
such a fee.
vii) Business Licenses. Similar to the registration fees, local business liccnses could be based
on the type of business (SIC coding) and charge more for business use, delivery type
businesses, etc. Some significant impacting vchiclcs arc from outside of Ashland and may
be problematic for collecting business license fees. There may be additional impacts to
local businesses as a resul t.
viii) Revenue Bonds (will need a stable and defined revenue stream to plcdge for repayment)
ix) Franchise Fees: Currently only water, wastewater and telecommunications utilities pay
franchise fees for the road impact (trenching). As elcctric lines start to go underground,
should the electric utility contributc their "fair share" and if so, since all of the electric
franchise fccs currently go to the General Fund, how will that be impactcd?
x) Payroll tax; This funding mechanism is somewhat of an unknown. The State administers
this and takes 10% administrativc fcc. Thcrc may be other constraints as well.
Page 15 of25
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CITY OF
ASHLAND
xi) SDC: four different ideas camc up:
(1) Increase the SDC to fully cover the impacts to future development; although this is the
plan, the CIP needs to include a full listing of projects that are capacity driven for the
next 20 years. With the update to the TSP this can provide an equitable and appropriate
increase for future capacity to accommodate b'Towth and increases in level of
performance (generally the improvement fee portion of the SOC).
(2) Evaluate a reimbursement SDC; reimbursement fees considers the cost of existing
facilities, prior contributions from existing users, and the value of unused capacity. The
objective of the reimbursement fee is that future system users contribute no more than
an equitable share to the cost of existing facilities.
(3) Charge developers for temporary construction use for the increased truck traffic on
surrounding streets during devclopmcnt/construction.
(4) Investigate having hillside developments pay more for the long-term maintenance of
hillside streets (stonn water, deicing, snow removal, etc).
xii) Transportation / Street User Fees:
(1) Increase revenues with a second year of a 15% raise in Transportation User Fees.
(2) Base the Transportation Utility Fee on the distance people drive from the center of town
(ie: the cost would be based on the miles from Siskiyou Boulevard)
xiii) Loeal Improvement Districts are an appropriate source of funding for local streets. The
Task Force recommends continued use of LIDs, especially with local streets. The correct
proportional share that the residents versus the City pays for each portion of the street
improvement was not discussed although there was a desire in looking at th(~ residential
share increasing. This will be evaluated with Council's LID review process.
xiv) Food and Beverage fees (sunsets at 2010); two items came up with this discussion:
(1) Using a portion of the food and beverage tax for street improvements (perhaps limiting
to new sidewalks or other specific use, or using this to fund the Boulevard Maintenance
/ Landscaping that is currently funded through the Street Fund)
(2) Add additional items (snack food and canned beverages) to the required food and
beverage tax and provide a percentage for transportation improvements. Right now
canned soda, bottled water and pre-packaged snack foods are not included in the food
and beverage tax, but are often sold at restaurants (and gas stations).
xv) Parking fees and parking lot charges (pcn11its, monthly charges, parking lots); generally
charging for parking is considered "okay" by most businesses, but there should be a way to
gain revenue from longer term parking and not penalize short term (1-2 hour) parking.
Several issues will come up with parking fee structures including;
Pag.: 16 of 25
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CITY OF
ASHLAND
(I) Winter vs summer rates
(2) Use of parking fees in the Plaza
(3) Hargadine Parking Lot for businesses or local residents vs tourists
(4) College and hotel parking lots and their impacts vs thc common home use
xvi) Parking tickets providc an additional revenue source but are not popular.
xvii)Tax Increment Financing (T1F) was an item that the task force did not specifically
discuss, but could he an option for gaining revenue basis for specifically idcntifiablc areas.
Revenue from propcrty taxes, based upon increases that are added to a fixed tax base, are
then attributable to transportation improvements. TIF can be used to securc bonds. Oregon
allows for tax increment financing as a rcsult of state constitutional amendment in the
1950s. Current Orcgon law, Urban Renewal Law- ORS 457, allows TIF districts to be
cstablishcd, up to 15% ofthe total land area. Typically the areas are reserved for Urban
Rcncwal Districts
Page 17 of25
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CITY OF
ASHLAND
Solving the $21\1 Question - Balancing Funding Needs and I{evenue Generation
As previously discusscd, the Street Fund includes transportation, stom1 drain and boulevard
maintenancc activities. The scenarios identified bclow include all current activities but the focus is
transportation. At this point there is insufficicnt rcvcnue to pay for annual street operations. Rcccnt
fee increases have improved the ratio but more transportation revenues are needed. Potential
adjustments arc reflected in this report but the Stonn Drain utility will have to be addressed separatcly.
As long as both utilities remain in the Street Fund there will be some sharing back and forth.
Scenarios Identified:
Budget Adopted: This is what was included in the budget.. .basieally the adopted budgd with known
projections as oflate Spring 2007. This was staffs first attempt to present the Street Fund and
Transportation costs segregated so that the reader could get a feel on operational activities separate
from capital project activities. Consistent with the rest of the budget, projected costs were hcld at 5%
Personal Services (staff) increases and 2% for all Materials & Services. Project costs were as included
in the CIP and Revenues had limited increases and growth, based upon anticipated ratc increases as
budgeted for 2006-2007.
Budget Revised: [n this scenario staff adjusts the numbers as they would havc donc in the budget
process had staff known then how thc end of the year would look (project completions, spcnding, etc.).
Rcvised budget figures include borrowing as it probably should occur, all things being equal. No
attempt is made to reducc projects or levels of mamtenance, increase rates, adjust SDCs, etc.
No Debt: This scenario is done to provide a sense of the .'gap" that needs to be addressed. It works as
a control to show what would happen if Ashland did the projects in the C[P with no borrowing.
Essentially, this scenario shows how soon the City is out of money. It allows the existing rate revenue
to ~'Tow and falsely shows operational fund balances doing the same but capital fund balances going
negative immediately. Within two years the operational fund balance cannot make up for the capital
fund balance loss.
Loans/Rates/SDCs: The final scenario attempts to show the other end ofthe spectrum...what could be
required to meet the C[P as it was presented in the budget with more conservative estimates on
personnel and operational costs. This scenario presents the gap solution when compared to the "No
Debt" scenario. If no other resources are identified AND no projects or service levels are reduced,
what rate and SDC increases would be needed over the next 5 years.
Page I X of25
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CITY OF
ASHLAND
The following tables compare thc sccnarios
Street Fund Street Fund Street Fund Street Fund Street Fund Strc('t Fund Street .'und Street Fund
Total Total Over/ EFB EFB Borrow Borrow LID Borro"
Revenue Budget (Under) in Total Tolal
200S 200S 200S 200S 2013 200S 2009 to 2013 2009 to 2013
Budget Adopted $4,410.00J) $5,R99,174 (51,489,174) S 1.223,241 (54,575,829) 50 $5,080,080 $1,205,R()()
Budget Updated S4,4 I 0,000 $5,899,174 ($1,489.174) $986,190 ($4,812,880) $0 S6,2SS,880 );1,205,'sOO
Budget Revised $7571,775 $5,299,] 74 S2,272,60 I 54,687,965 ($2,945512) 53.328,075 $3,227,323 $1,454550
No borrowing/debt 54,243,700 $5,299.174 ($1,055,474) $1,359,890 ($8,225,460) $0 50 $0
Loans/Ratcs/SDCs $7,571,775 ,5,299,174 52,272,60 I $4,687,965 $1,773588 $3,328,075 $3,227,323 $1,454550
The above table shows the budgeted disconnect between revenue and expenses in 2008 is $1.5 million
however that scenario included heftier increases in rates sooner than what was implemented. No
borrowing (and no debt service) still shows a one-year shortfall of$1.1 million. The scenarios that
include borrowing in 2008 adequately cover capital costs for the year contributing to the $2.3 million
surplus. Thc assumptions used for the scenarios result in a shortfall in all of them except where
operational costs (including debt service) are offsct by rate and system development charge increases.
The table below compares the assumptions uscd to build the scenarios,
Annual Annual Annual Change in Change in
Percentage Tranportation Storm Drain Tranportation Storm Drain
Increase for Utility Rate Utili(y Rate SDC Rate SDC Revenue
SlafflM&S Growth/incr. Growth/incr. Growth/incr. Growth/incr.
Budget Adopted 5.00% 2.00% 2.00(Yo 2.00% 2.00% Growth
2.00% 1.00% 1.00% 0.00% 0.00% Rate Change
Budget Updated 5.00% 2.00% 2.00% 2.00% 2.00% Growth
2.<lO% 1.00% ].00% 0.00% 0.00% Rate Change
Budget Revised 5.00% 2.00% 2.00% 2.00% 2.00% Growth
2.00% 0.00% 0.00% 0.00% 0.00% Rate Change
No borrowing/debt 5.00%1 2.00% 2.0m{) 2.(lO% 2.00% Growth
2.00% 0.00% 0,00% 0.00% 0.00% Rate Change
Loans/Ratcs/SDCs 6.00oAl 2.00(1;1 2.001;0 2.00% 2.00% Growth
/4.00% 0.00% 2.00~~) 0.00% 0.00% Annual Rate Change
20.00% 20.00% 450.00%) 350.00% One Time Change
2010 2009 2009 2009
Page 19 or 25
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CITY OF
ASHLAND
As you can see in the table, only the Loan/Rates/SDCs scenario includes a higher "inflationary" rate
for operational costs. The original budget rate revenue did include a I % annual adjustment for debt
service consistent with early discussions with Council, but only the last scenario include:d adjustments
to address all of CIP and operational costs. The table shows the estimated rate increases and SDC
changes needed for Transportation are another 20% utility fee increase in 20 10 (a 15% increase was
effective August 1,2007) and potentially 4 to 5 times the SDC revenue will be adjusted as early as
2009.
The following chart demonstrates the ending fund balance impact of the five scenarios.
Long Term Equity (Total EFB)
$6,000,000
$5.000,000 .
$4,000,000
$3,000,000 .
$2,000,000
$1.000,000
$0
-$1,000,000
-$2,000,000
-$3,000,000
-$4,000,000
-$5,000,000
-$6,000,000
-$7,000,000
-$8,000,000
-$9,000,000
2007
Prelim
~
2004
Actual
2005
Actual
2006
Actual
~j'O ;~;3 p,"~
:
~
~
[=-=
Adopted
~ - Revised
~NoDcbt
.
Loans,Ratcs, SDCs j
No Debt scenario indicates if nothing is done (CIP stays as presented, no higher rate increases and no
borrowing) the fund will be out of cash in 2009 and over $8 million "in the hole" by 2013. Increases
and adjustments presented in the table for Loans/Rates/SDCs maintain the fund balance until 2013.
Even with a "maintained" fund balance, the City would need to:
. Review operations and capital improvements each year,
. Update the rate model routinely
. Complete a review of SDCs and adjust accordingly.
Please note that changes in projects and service levels will impact these estimates. Alternate revenue
streams can and will reduce rate requirements and funding for CIP.
Page 20 of 25
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CITY OF
ASHLAND
Potential Consequences of Taking No Action
So - what if the City did nothing with rcgard to incrcasing revenues and just concentrated on routine
maintenancc of our cxisting street systemry What are the impacts of not gaining thc nccessary rcvcnucs
to improvc thc transportation network?
Not casily quantified but there are ways to model thcsc cffccts. The exact numbers are beyond the
immediate capabilities of staff and would takc longer than the Task Force timeframcs, but staff is ablc
to providc thc following qualitative estimates ofthc conscqucnces.
With steady state gas tax and currcnt fees and rates, revenues arc approximately $3.5-5M per year (see
budget without bond issues). As described in the previous sccnarios, the street operations portion of
the budgcted Street Fund would continuc to maintain an appropriate fund balance, but the capital
program would suffer within the first 2 ycars.
The City's Boulevards are currently in "good" or better shape. Routinc maintenance would keep them
in good condition for the next 5-10 years. Aftcr that, the street network would bcgin to deteriorate.
The City's Avenues (major collectors) arc generally in good shapc as shown on the overall map on
page 10. Thcre are several segments that nccd overlays, but very few arc in bad shape. Those major
collector streets that arc identified for extensive work include: 'A' Street (Oak to 3'\ B' Street (2nd to
5th), E. Herscy (Oak to Mountain), Beach (Siskiyou to Henry), Normal Avenue (Ashland Street to
Siskiyou), Chestnut Street, and S. Mountain (Ashland to Prospect). Thesc street sections would go
from a cost of roughly $8-10/square yard to $14-17/square yard and street safety would likely start to
be compromised within 5 years ifimprovcments are not made. Within 5-10 years, the increased Icvel
of deterioration would impact the structural integrity and might require load limitations or avoided use
of the street sections.
The "collector strcets" identified for minor improvements or thin ovcrlays include Helman Street
(school to Hersey), Laurel (Hersey to Main), Oak (I" to Lithia Way), Grcsham (Siskiyou to Fairview),
Iowa (Terrace to Siskiyou), Ashland (Taylor to Morton), Park (Siskiyou to Nezzla). Somc ofthese
sections could bc included in operational maintenance and kccp the streets going for th<: ncxt 5 years,
but after that there will bc increased deterioration. The difference in costs for minor or routine
maintenancc versus full replacement is $2/square yard versus $16/square yard (700% incrcase!).
Neighborhood strccts have a different function as their primary purpose is to provide connectivity to
thc neighborhood collcctors. There are difrerent cxpectations for neighborhood streets. Some expect
them to be perfect while others like the deterioration as that tends to slow down traffic. If these streets
do not get the routine maintenancc, therc will be safety concems that must be addrcsscd. Other than
that, the cost will increase significantly whcn major repairs arc necessary and the residents will
complain that their tax dollars are not being wisely spent.
Page 21 of25
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CITY OF
ASHLAND
Solving the $21\1 Question - Task Force Recommendations
I) Continue to explore and exploit OOOT Funding programs
a) ODOT Access Management Grants
b) ODOT STIP Modernization Funds (including ODOT Jurisdictional Exchangc/Transfer).
c) ODOT STIP Preservation Funds (projects completed by ODOT)
d) Fund Exchange; when appropriate consider this option to balance long teTIn City gains for
design standards and functionality (ie; City should consider this for North Main Street, the
Downtown couplet, and the section of Ashland Street trom the railroad overpass to 1-5)
e) Oregon Bicycle and Pedestrian Prol,'Tam
t) STP - State Transportation Program Funds; focus on the competitive process within the MPO
prioritization.
g) SPWF - Special Public Works Funds; as appropriate projects arc identified for business
development
h) IOF - Immediate Opportunity Funds (ODOT and OECDD); as appropriate projects are
identified arc identified for business dcvclopment
2) Judiciously review and when appropriate use Federal funds (through OOOT)
a) TE - Transportation Enhancement; cautiously eonsidcr continuing these options and
opportunities, but be aware of the additional federal funding requirements.
b) CMAQ - Congcstion Mitigation and Air Quality; cautiously consider continuing thcse options
and opportunities, but be aware of the additional federal funding requirements.
3) City Funding streams
a) Fees - Transportation / Street User Fccs: recognize the balance and strive for equity for all
transportation users. Recommend an annual fee increase of 5% for the next several years to
gain better funding revenues, equity among users and meet inevitable debt scrvice
requirements.
b) SOCs - Transportation Systems Development Charges (SDCs): evaluate increasing the
proportional share charged to developers so that as much as an additional $250,000 is collected
(this might change with thc TSP update and any new or updated project lists). Have the TSP
Update address the following ideas:
(1) Increase thc SDC to fully cover the impacts for future capacity to accommodate growth
and incrcases in level ofperforn1ance (improvement fee portion of the SOC).
(2) Evaluate a reimbursement SDC; reimburscment fees consider the cost of existing
facilities, prior contributions from existing users, and the value of unused capacity. The
Page 22 of 25
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CITY OF
ASHLAND
objective of the reimbursement fee is that future system users contribute no more than
an equitable share to the cost of existing facilitics.
(3) Charge developers for temporary construction use for the increased truck traffic on
surrounding streets during devclopment/construction.
(4) Investigate having hillside devclopmcnts pay more for the long-term maintenancc of
hillside streets (stonn water, deicing, snow removal, etc).
c) LIDs - continuc to utilize the LID resource cspccially lor neighborhood strects and also a
portion of neighborhood collcetors. Defer the actual ratc /fee adjustments to Council's LID
review.
d) TOT - explore options of using a portion of the Transient Occupancy Tax (TOT) to offset the
cost oflandscaping in the downtown corc and along Siskiyou Boulevard and the North Main
entry. Potentially offer incentives for those businesses that have vans or offcr bikes as
opposed to requiring their lodgers to use vehicles to get around.
4) New Revenue Recommendations for Ashland
a) County Gas Tax. City of Ashland should hclp push for support from other Jackson (and
maybe Josephine) County communitics for a regional gas tax as part of a revenu'e source for
long term maintcnance. For Ashland, a 3~gas tax would gcnerate approximately $432,000, and
5~ would provide $720,000.
b) Local (Ashland) V chicle Registration. The locus would bc on Ashland residential vehiclc
users. Assume 18,000 vehicles at $20/vehiclc would generate $360,000 annually.
c) Bicycle Registration Fees might be harder to enforce but a $1 O/bike registration fee assuming
10,000 bicycles would be $100,000 toward bike path maintenancc.
d) Business Licenses. Explore the opportunity to generate revenues from those businesscs that
routinely usc a large number of vehicles for moving goods and services in town.
e) Food and Beverage fees (sunsets at 2010); Although there is likely great competition for the
long term use ofthe food and bcvcrage fees, this committee would like thc Council to
recommend evaluating the following ideas:
(I) Using a portion of the food and bevcrage tax for street improvements (perhaps limiting
to new sidewalks or another specific use, or using this to fund the Boulevard
Maintenance / Landscaping that is currently funded through the Street Fund).
One cent would provide $390,000 annually.
(2) Add additional items (snack food and canned beverages) to the required food and
bcvcrage tax and providc a percentage for transportation improvcments. Right now
canned soda, bottled water and prc-packaged snack foods are not included in the food
and bevcragc tax, but are often sold at restaurants (and gas stations).
f) TOT. Explorc a way to fund all ofthc boulevard maintcnance and downtown landscaping
costs through TOT charges ($165,000 are the labor costs).
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CITY OF
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g) Incentives. Identify if there are appropriate incentives (ie- walk your kids to school vs driving)
to reduce thc individual fees or "taxes" paid for those that spccifically do not use the road
nctwork as much as automobiles. Offer "Bike to School" incentives for parents.
h) Sell "Carbon Credits". Similar to the grecn power initiatives, sell "carbon credits" If you
stilI drive a lot or use an SUV, buy carbon credits as an offset.
i) Identify a Tax Increment Financing (U..ban Renewal) zone to provide funding for
improvemcnts to transportation necds in that zonc.
Summal'Y of Potential New Funding Options:
New Revenue Type Assumption Option 1 Option 2
County Gas Tax Assumed 1.2 million gallons of 3~ tax - $432,000 5~ tax - $720,000
gas sold monthly in Ashland
Local (Ashland) Assuming 10,000 vehicles $20/vehicle - $200,000 $1 O/vehicle - $100,000
V chicle Registration
Bicycle Registration Assume 10,000 bicycles and
registration is only required for 18 $ J Oibike - $ J 00,000 $5ibike - $50,000
Fees year olds and above
Business Licenses Assume 150 businesses with major $100/ business license not worth the effort
local transportation - $15,000
Food and Beverage I ~ provides $390,000 I ~ to transportation Add additional items
rees (sunsets at 2010): directly - $390,000 for $390,000
TOT $165,000 to fund current Parks TOT eligible for Find another source for
labor costs $165,000 the maintenance costs
Page 24 of 25
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CITY OF
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Beyond the Money - Getting Help from Ashland Community Members
(trees, sidewalks, weeds in the cracks, ete)
To familiarize themselves with the City's transpOliation network and gaps, the Task Force members
were able to take a tour of City streets. They were introduced to some of the maintenance concerns
facing the City's Street crews. One of the ideas that came out of the site review was to define the
potential lack of understanding that property owners might have with respect to the maintenance
responsibilities. Each individual can make a difference in extending the life oftheir street. A
proposed flyer is attached that could be used as either a handout or door hanger to help define the
property owner's responsibilities and provide helpful maintenance tips (sidewalk / curb weeds, ete).
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CITY OF
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Weeds and Grasses -
Silent Pavement and Concrete Destruction
t. I
We need your help to avoid these problems.
Weeds and other vegetation along the curbs and gutters
do extensive damage to our street system. Any vegetation
along the crack between the concrete and the asphalt
allows water to seep in under the asphalt. Water causes
damage beneath the asphalt that often will not show up for
years, but when it does, our roads show signs of wear and
often turn into crumbling sections of asphalt and costly
repairs.
Your help in eliminating the weeds, grasses and other
vegetation along the curb will help to avoid water damage
to the asphalt and costly tax payer street repairs.
For suggestions on eliminating these problems, call Dean
Walker, Code Compliance, at 552-2424 ~.,.
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CITY OF
ASHLAND
Maintaining Sidewalks and Streetscapes
Related Ashland Municipal Code Sections
Duty to Repair and Clear Sidewalks
It is the duty of the owners of land adjoining any street to
maintain in good repair and to remove obstructions from
the adjacent sidewalk.
A. The owner of real property responsible for maintaining
the adjacent sidewalk shall be primarily liable to any
person injured because of any negligence of such person
in failing to maintain the sidewalk in (lood condition.
B. If the City is required to pay damages for the injury to
persons or property caused by the failure of the owner to
perform the duty which this section imposes, such owner
shall compensate the City for the amount of the damages
thus paid, plus court costs and fees incurred by the City.
The City may maintain an action in any court of competent
jurisdiction to enforce the provisions of this Section.
[13.04.020]
Weeds Declared Nuisance
The growth of grass, weeds, shrubbNY, and vegetation
upon vacant and other lots and parcels of land, and the
streets and alleys abutting thereon, in the City, during the
summer season constitutes a fire menace, and greatly
increases the fire hazard in the City, and is declared to be
a nuisance. [9.04.010]
Noxious Growth
No owner or person in charge of property shall permit
weeds or other noxious vegetation to grow upon such
property. It shall be the duty of an owner or person in
charge of the property to cut down or to destroy grass,
shrubbery, brush, bushes, weeds, or other noxious
vegetation as often as needed to prevent them from
becoming unsightly, from becoming a fire hazard, or, in the
case of weeds or other noxious vegetation, from maturing,
or from going to seed. [9.08.100]
Parking Strips
It shall be the duty of the owner or person in charge of
abutting property to grade the area between the sidewalk
and the curb to the level of the sidewalk and curb and to
maintain the area as a grass plot; provided, however, that
the area may be used also for ornamental plants and
shrubbery in a manner not in conflict with this chapter or
any ordinances. [9.08.130]
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CITY OF
ASHLAND
Council Communication
Review of the i.ithia Way Parkillg Lot Development Agreement
Meeting Date: October 2, 2007 Pnmary Statf Contact: Brandon Goldman
Department: Commumty Development E-Mail: goldmanb@ashland.or.us
Secondary Dept.: none Secondary Contact: DavId Stalheim
stalhei md@ashland.or.us
Approval: Martha Benne EstImated Time: 30 min
Statement:
The City of Ashland has been in discussions with Kendrick Enterprise and ACCESS Inc. regarding the
development of the Lithia Way Parking Lot purposes of creating a mixed use affordable housing
project. The development team is not expected to meet the timetable put forth in the Developer
Agreement and therefore the City Council is asked to rescind the offered development agreement and
to direct staff as to how to proceed with the goal of utilizing downtown airspace in support of
affordable housing.
Staff Recommendation:
Staff believes that the project as envisioned can not be completed in the time originally identified in
the developer agreement. Further Staff believes that lack of coordination and communication among
the development team is in part responsible for the delays and as such would not necessarily be
remedied by simply extending the time allowance.
Staff recommends the City Council rescind the offered developer agreement.
Background:
Council Review History
The City of Ashland and Kendrick Enterprises have been working on the development proposal for tbe
Lithia Way City owned parking lot since their selection as the preferred offeror on August 30th 2005.
Kendrick Enterprises was selected as the lead proponent out of four proposals received by the City
Council in response to an RFP issued in February 2005. City Staff was directed to negotiate with
Kendrick Enterprises to address numerous issues raised by the Housing Commission and City Council
and to return to Council with a more solidified proposal for consideration.
The final conceptual proposal presented to the City Council included 10 affordable studios, three
market rate studies, 7000sq.ft. of commercial space and underground public parking. This concept was
approved by Council on August 1,2006 and staff was directed to create a development agreement with
Kendrick Enterprise to allow the project to proceed through the planning approval process and
application for State funding in support of the affordable housing.
The developer agreement was drafted and approved by the City Council in December of 2006.
Delayed Application for State Funding
The City of Ashland originally anticipated that ACCESS Inc, as the affordable housing dcvc10pment
partner working in collaboration with Kendrick Enterprise, would be filing an application for State
HOM E funding in February of 2007 and the Developer Agreement was structured to anticipate this
P;J~e 1 or J
Lithi;1 Lot Coune!! Communication
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CITY OF
ASHLAND
application. The agreement also provided for a second opportunity to apply for the competitive award
in July 2007, in case the funds were not awarded in the Fehruary cycle. Due to ongoing negotiations
between Kendrick Enterprise and ACCESS the development team did not submit an application for
State HOME funds in February 2007. Despite numerous meetings, and conference calls, to address the
structure of an application involving both the City and the State Department of Housing and
Community Services, ACCESS Inc. informed the City in mid July 2007 that they would not be
submitting a completed application for HOME funds during the July 2007 funding cycle.
ACCESS Inc. indicated they could complete needed revised architectural plans and file application for
state funding in February 2008. This February 2008 IIOME application date brings to question the
likelihood that the project could be undcrtaken in a timely fashion to meet the deadline imposed in the
City drafted Developer Agreement. Even under the best of circumstances, and assuming that ACCESS
is successful in its competitive application for State funds in February 2008, it is unlikely that
ACCESS and Kcndrick Enterprises will not be able to initiate construction by Junc 30, 2008 as
stipulated in the City Developer Agreement.
Kendrick Enterprise and ACCESS Inc. intended to develop a separate agreement between the two
parties outlining each of their rights, responsibilities, and cost allocations, in advance of submitting a
funding application to the State. This separate agreement has not been drafted, and the City developer
agreement has not been signed by ACCESS or Kendrick Enterprise.
Request for revised timeline
The City sent a letter Kendrick Enterprise and ACCESS lnc (Attachment A) on August 15,2007
expressing concern regarding the missed State HOME Application and lack of forward momentum on
the project. The letter requested a revised timeline for the development, financing commitments. and
established benchmarks to ensure that construction could occur as initially intended. The City received
letters from Kendrick Enterprise and ACCESS Inc. independently responding to the City request
(attachments B and C). Each indicated that they were not moving forward with this project.
Proiect Evaluation and Lessons Learned
The Council originally identified the Lithia Lot as a potential site to be used in support of affordable
housing and specifically that this project could be a pilot project to deternline the viability of the use of
airspace over public parking to support affordable housing. Although the project as envisioned is at
this time no longcr being pursued by the original applicants, the process has demonstrated that such a
public, private, non-profit partnership is financially viable. However, the process of RFP selection,
negotiation, and project planning has highlighted a number of lessons the City can consider in any
future endeavors.
. The RFP contained ambiguity to promote creativity by offerers, however this had the effect of
encouraging project proposals that varied considerably in the type of development proposed.
. Some affordable housing providers expressed that the development of conceptual plans and
architectural rcnderings required by the RFP process was cost prohibitive for them to respond
. The provision of a mix of commercial space and market rate residcntial within thc project
assisted in covering the project funding gaps. It is important to note that relative to the size of
the development, thc costs associated with building the underground parking were higher that
the estimated land value.
Pa.:?:l' ]: of-,
Lithia Lot Council COIllIl1Unic;1tion
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CITY OF
ASHLi\.ND
. Small units (less than 500 sq.ft.) allowed for a greater total number of units as a result of their
being considered 0.75 units for density calculations. This created a lower per unit development
cost. This lower cost is an important consideration in aiming to create affordability and a per
sq.ft. unit cost that is competitive for State funding awards.
. The small size of the property precluded an economy of scalc for affordable housing that would
make it eligible for the Federal Low-Income Housing Tax Credits (L1HTC). To utilize this
federal funding program a rental project should have a minimum of 24 units.
. A coordinated development team is essential to completion of needed application materials for
state funding, and the production of planning and construction plans.
. This project faced considerable delays that undermined the momentum of the project and
increased development costs.
o The RFP selection Process (7 months)
o The City negotiation process (I year)
o Development team coordination process (8 months)
o Over the period between 2005 and 2007 construction cost estimates increased
approximately 10% annually and changes in interest rates for construction loans also
increased the expected project costs.
Council Options:
The Council originally identified the Lithia Lot as a potential site to be used in support of affordable
housing and specifically that this project could be a pilot project to detennine the viability of the use of
airspace over other public parking lots for this purpose. Although the project as envisioned is at this
time no longer being pursued by the original applicants, the process has demonstrated that such a
public, private, non-profit partnership is financial1y viablc.
To address the prior City Council intention to utilize the airspace over public parking lots in support of
affordable housing the City Council has a number of alternatives to consider.
1) Re-issue a Request for Proposals or Request for Qualifications for the development of the
Lithia Way Parking Lot
2) Consider the sale of the Lithia Lot to direct the proceeds to developing affordable housing
elsewhere
3) Issue of a Request for Proposals or Request for Qualifications for an alternative parking lot
downtown with greater development potential (Pioneer Lot)
4) A combination on #2 and 3 above
In the event the City Council does not wish to pursue the development of downtown air rights at this
time rescinding the offered development agreement and taking nO further action will conelude the
process.
Attachments:
City letter to development team (dated 8-14-07)
Response letter trom ACCESS lne (dated 9-14-07)
Response Jetter from Kendrick Enterprise (dated 9-13-07)
lithia Lot Development Agreement
--------------- ---
L.ithu Lot Council Communication
-_.- -..-..-------------------------------
Pa~c3or3
~~,
Even under the best of circumstances, and assuming that ACCESS successfully applies for State funds
in February 2008, 1 am concerned that ACCESS and Kendrick Enterprises will not be able to initiate
construction by June 30, 2008 as required by the Developer Agreement.
Excerpted from the Developer Agreement.
2.3 Construction Schedule Subject to the terms and conditions of this Agreement including the
Force Majeure provisions set forth in Section 8.2 hereof Kendrick shall commence
construction of the Project improvements no later than June 30 2008 but no sooner than
commitment is made for all funds necessary to complete the affordable housing
component of the project. [emphasis added].
In addition to securing funds, prior to beginning construction, all planning approvals would have to be
obtained, construction drawings would have to be completed, and building permit application would
have to be made, all in advance of knowing whether the application for HOME Funds was successful or
not. The lack of financial commitments in place prior to this effort involves considerable risk to the
developer and is of significant concern to the City.
Developer Agreement Not Executed
The Development Agreement approved by the City Council in December of 2006 has 110t yet been
signed by either Kendrick Enterprise or ACCESS Inc and is thus not considered executed. However
within that unexecuted agreement it was stipulated that Kendrick and ACCESS shall periodically (at
least monthly) update the other parties on the status of the financing commitments and that Kendrick
shall immediately inform City if it has any reason to believe that it may not be able to commence
construction of the Project within the time periods set forth.
All parties have contributed significant time and resources in bringing the project to this point. As you
know, the City has viewed this as an important pilot project with several benefits to the community. At
the same time, it appears that this project has stalled. Specifically, due to the failure of Kendrick
Enterprises and ACCESS to complete an HOME application in a timely manner, the vilability of the
project is in serious question. I have tried to get clarification on how Kendrick Enterprises and ACCESS
Inc intend to proceed, but neither Kendrick Enterprises nor ACCESS has produced assurances
necessary to demonstrate that the project is viable.
1 formally request that you provide to the City a revised timeline for the development, with benchmarks
to ensure that construction can occur as initially intended. Please provide me with such a timeline, and
status of the financing commitments, by September 14th, 2007. Your timely response will to allow City
staff to apprise the Housing Commission and City Council on the status of the project and to enable the
City to better gauge the viability of the project.
Sincerely,
Brandon Goldman.
From the Desk of:
Brandon Goldman
Housing Program Specialist
Department of Community Development
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
T 01: 541-488-5305
Fax 541-488-5311
TTY: 800-735-2900
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A2-
Brandon,
I am sorry to report that ACCESS will be unable to participate in this project at this time. Unfortunately in late
July 2007 the developer, Bob Kendrick, reported to us that the proposed architect had withdrawn his interest in
participating. At that late date, Bob was unable to secure another architect in time for us to submit a Fall CFC
application to Oregon Housing and Community Services. Since this date we have been unable to contact Mr.
Kendrick and without his involvement, ACCESS is unable to financially carry this development to fruition.
If there are other opportunities to participate in the future we would love to do so, but given the current
circumstances we are unable to continue at this time.
If you have any questions, please feel free to contact me.
Sincerely,
Cindy Dyer
Housing Manager
ACCESS, Ine.
-----Original Message-----
From: Brandon Goldman [mailto:goldmanb@ashland.or.us]
Sent: Friday, September 07, 2007 2: 16 PM
To: Cindy Dyer; Robert Kendrick
SUbject: Lithia lot proposal
Bob and Cindy,
As you know I had sent each of you a letter (attached) in mid August regarding City concerns over the
progress of the Lithia Way Lot proposal (Will Dodge Plaza). This letter requested a revised time line, and
status of the financing commitments. by September 14th, 2007. I am available should you have any
further questions about this request on Monday, Tuesday and Wednesday of next week, but will be out of
the office on Thursday and Friday.
Thank You, Brandon
Brandon Goldman
City of Ashland Planning Dept
20 East Main 5t
Ashland. OR 97520
Goldman~ashland.or.us
541-552-2076
TTY#: 800-735-2900
This email transmission is official business of the City of Ashland, and it is subject to Oregon
Public Records law for disclosure and retention. If you have received this message in
error, please contact me at (541 )552-2076. Thank you.
AnALHHE:"NT 5
Robert Kendrick
Kendrick Enterprise LLC
24 Crocker Street
Ashland Oregon 97520
August 31, 2007
Brandon Goldman
Community Development
20 East Main Street
Ashland Oregon 97520
Re: August 17, 2007 Goldman Letter
Brandon
I would like to thank you and the City for the support in developing a project, jointly with
a profit and a non-profit entity. Two attempts. first with ACLT and then with ACCESS
have been proven failures.
I would like to clarity a couple of items in your letter. You mentioned that Kendrick
Enterprise LLC "KE" had five months to resolve the issues for the application, but most
of the information KE received during this time was not reliable. Some of these being the
following:
I. It was a known fact and agreed upon that KE would subsidize the project if
ACCESS would put up $1,148,000. In the final days before the application it was
revealed that KE would get less, by as much as $200,000.00. This was
unacceptable.
2. In the meeting you held, information revealed led us to believe the project
couldn't be built downtown. One being the retention of storm water on site. This
was impossible being in the downtown district, and complicated design decisions.
3. The architect and KE where under the impression that a set of Conceptual
drawings where required for the application. We only realized in the final days
after reviewing the information from the State that the information required was
much greater than a conceptual set of drawings and that they represented
schematics instead. This is much different and more intense work.
4. Finally the architect quit in the final days before the application, because of the
demands well beyond the contract terms which he found it impossible to meet.
KE attempted to get another architect but there wasn't anyone available that could
do the work in the short period of time.
In conclusion KE regrets that this project couldn't be produced in a timely manner to
meet the demands for affordable housing in our community. KE is a viable entity with the
ATTACH'~ENT C
resources and tlnancial backing to complete the project, and has over the years
contributed hundreds of thousands of dollars worth of project management and
development work to the community. In this project KE was contributing nearly a million
dollars to develop housing.
Thank you for all your hard work and support.
Sincerely
Robert Kendrick
Kendrick Enterprise LLC
DEVELOPMENT AGREEMENT
FOR THE DEVELOPMENT OF THE CITY OF ASHLAND
LITHIA PARKING LOT AFFORDABLE HOUSING DEVELOPMENT
Dated this \ C\ day of \)e~\-\.blC>c ,2006.
BETWEEN: THE CITY OF ASHLAND, an Oregon Municipal Corporation,
hereinafter "City"
AND: KENDRICK ENTERPRISE, LLC, and Oregon Limited Liability
Company, hereinafter "Kendrick"
AND: ACCESS, Inc, a nonprofit community action agency, hereinafter
"ACCESS".
RECITALS:
I. City owns a parcel of property in its downtown area, Ashland, Jackson
County, Oregon, located on the South side of Lithia Way, between Pioneer
Street and North First Street which is more particularly described in Exhibit
A, attached hereto and hereinafter referred to as the "Property."
2. The Property is currently being used as a public parking lot with surface
parking providing thirteen parking spaces.
3. The City solicited a request for proposals for innovative designs to construct
as many units of affordable housing on the property as feasible while
maintaining at least ten spaces of public parking.
4. Kendrick submitted the successful proposaL which includes sixteen units of
underground parking, one unit of surface, on-street parking, 6000 square feet
of commercial space, ten affordable housing units either studio or 00(~
bedroom design and three market-rate housing units.
5. The Ashland City Council deems it to be in the public's best interest to
stimulate affordable housing opportunities in the downtown area and believes
construction of the contemplated project will promote that goaL
AGREEMENT
The Parties Agree as follows:
DEFINITIONS
The following tertns shall have the designated meanings for purposes of this
Agreement:
A TTAC\-'\\-'\CN \ D I
]. "Affiliate" shall man any entity owned by, controlled by or under common
control with the designated party.
2 "Agreement" shall mean this Disposition and Development Agreement and all
Exhibits hereto.
3 "Completion Date" shall mean the date that the certificate of occupancy for
the final portion of the Project is issued.
4 "Effective Date" shall mean the date upon which this Agreement is executed
by all three parties.
5 "Land" shall mean the property described on Exhibit A.
6 "Mortgagee" shall mean the holder of any Mortgage affecting or encumbering
any portion of the Private Project or leasehold interest under the leases of the
Projcct or any portion thereof, together with any successor or assignee of such
holder.
7 "Notice" shall mean any summons, citation, order, claim, litigation,
investigation, proceeding, judgment, lettcr or other communication, written or
oral, issued by the Oregon Department of Environmental Quality, the United
States Environmental Protection Agency, any other federal, state or local
agency or authority or any other governmental agency having jurisdiction with
respect to the Project.
8 "Private Project" shall mean the commercial and residential portions ofthe
Project to be leased or owned by Kendrick or by Access.
9 "Project" shall mean the entire development; the Land with all improvements
to be constructed thereon as contemplated by this Agreement, including the
Parking Structure, the Affordable Residential Structures, the Market Rate
Residential Structures and the Commercial Structures.
Other capitalized terms used herein shall have the meanings attributed to them
elsewhere herein.
]. CONDITIONS PRECEDENT TO OBLIGATIONS
].1 Conditions to Citv's Obligations. City's obligations under this Agreement
are subj ect to satisfaction, on or before the date identified in Section ].1
hereof, of the following conditions precedent:
1.1.1
the _ day of
Financing Commitments. Kendrick provides evidence no later that
, 200 of the following financing for the Proj ect that is
Dz
satisfactory to City in its reasonable discretion that the funding is available to complete
the Project Consruction:
(a) Documentation from Kendrick's primary lender and/or from the
ACCESS setting forth the terms and conditions upon which it/they will
finance construction of the Project, including information as to the
source of the funds, whether all conditions have been met to obtain
funding from the specified sources and what obligation, if any, will be
placed on the City or on the land in the event the project fails to be
used as proposed; and
(b) Evidence of available equity and/or commitments for the same to fund
the balance of Kendrick's costs for the Project that are not being
financed.
Kendrick and ACCESS shall periodically (at least monthly) update the other parties to
this Agreement on the Status of the financing commitments. Kendrick shall immediately
inform City if it has any reason to believe that it may not be able to commence
construction of the Project within the time periods set forth herein.
1.2 Financing Commitments. Kendrick has received all commitments
necessary, in its sole discretion, to finance and to fund the Project and to
perform its obligations under this Agreement.
1.3 Condition of Land. Kendrick has satisfied itself, in its sole discretion, as
to the condition of the Land and the feasibility of the Project To this
regard, City recognizes and agrees that City shall take steps to relocate any
utility lines or laterals located in or on the property which would make it
infeasible to build the Project as proposed..
(a) Within thirty (30) days of the Effective Date, City shall deliv(:r to
Kendrick all materials or information relating to the Land and the
Project that are in City's possession or control, including, but not
limited to (i) topographical, boundary, and other surveys or maps of
the Land, and (ii) all environmental, soils, geotechnical, wetlands,
seismic, and land use reviews, reports, assessments, inspections, and
studies relating to the Land or the Project.
(b) Kendrick, its agents, employees, and independent contractors are
hereby granted the right to enter upon the Land for the purpose of
making or conducting any inspection, investigation, test, or surveys of
the Land, at Kendrick's sole cost and expense, as Kendrick may deem
appropriate to satisfy this condition. Kendrick shall repair any damage
to the Land caused by any such tests or investigations, shall keep the
Land free from liens in connection with such activities, and shall not
unreasonably interfere with City's use ofthe Land. Kendrick shall
indemnity, defend, and hold City harmless from and against any and
all claims, demands, actions, costs, and expenses that may arise or
D.,
::,
result from Kendrick's activities on the Land pursuant to this
paragraph.
(cl City hereby represents and warrants to Kendrick and ACCESS that:
I. City owns fee simple title to the Land which is not subject to any
lien, encumbrance, restriction, or easement of any kind or nature
except the utility lines and laterals for which City has agreed to
locate and except as may be set forth in the Title Report.
2. City has the legal power, right, and authority to enter into this
Agreement and to consummate the transactions contemplated
herein. The individual executing this Agreement on behalf of City
has the legal power, right, and actual authority to bind City to the
terms and conditions of this Agreement.
3. To the best of City's knowledge, there is no pending or threatened
action, suit, proceeding, or investigation before any agency, court,
or other governmental authority which relates to the Land or the
use thereof, including, but not limited to, any pending or
threatened condemnation proceeding.
4. City has received no notice nor is aware of any existing violations
of any federal, state, county, or municipal laws, ordinances, orders,
codes, regulations, or requirements affecting the Land
5. City knows of no default or breach by City under any COVf'nants
that affect the Land or any portion thereof, nor of any condition
that will result in the termination or impairment of access to the
Land or discontinuation of necessary sewer, water, electric, gas,
telephone, or other utilities except the utility lines and laterals for
which City has agreed to locate,.
1.4 Failure of Conditions Precedent. If any of the foregoing conditions
precedent are not satisfied or waived by the party entitled to the condition
within the applicable time period set forth herein, that party shall have the
right, by giving notice to the other party on or before the last day of the
applicable period, to terminate this Agreement. Failure of any party to
notify the other parties and to terminate this Agreement prior to Kendrick
beginning construction on the Project, shall be deemed a waiver oIthe
conditions. If any party exercises its right to terminate this Agreement in
accordance with this subsection, this Agreement shall terminate as of the
date such notice of termination is given, at which time any documents or
other materials in the possession of the other parties shall be returned to
the owner thereof, whereupon all parties shall be relieved from f\lIther
liability hereunder.
2. DEVELOPMENT
2.1 Construction
2.1.1 Parking. Kendrick agrees, subject to the terms and conditions of
this Agreement and in accordance with the schedule prepared as
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set forth herein, at Kendrick's labor and cost, to construct an
underground parking structure on the Land which shall contain 16
parking spaces, one of which shall be ADA compliant. The
parking structure shall be constructed in such fashion that it will
serve as a pedestal to support a three story structure on top of it,
which shall contain the commercial, affordable housing and market
rate housing components.
2.1.2 Residential and Commercial. Subject to the terms and conditions
of this Agreement, and subject to ACCESS obtaining the necessary
funding to pay the cost of construction of the Affordable
Residential Units and payment thereof to Kendrick, Kendrick
covenants to complete the construction of three-story structure
above the parking garage in substantial conformance with the
submitted concept plan containing 6000 square feet of commercial
space, ten affordable residential units and three market rate
residential units.
2.1.3 Utilitv Construction. City represents to Kcndrick that, to the best
of City's knowledge, all utilities (water, electricity, gas, sanitary
sewer, storm drain, broadband and telephone) are available to the
Project site. City acknowledges the existence of certain utility
lines and laterals currently existing on or in the land that City
agrees to relocate to facilitate construction of the Project.
Kendrick will be responsible, at Kendrick's cost for conne(:ting all
of Kendrick's improvements to the utility lines and for payment of
all permit and development fees, including but not limited 110
building permits, planning review, engineering rcview fees and
system development charges.
2.2 Plans and Specifications: Waiver of Claims. Kendrick shall be responsible
for preparing and submitting all architectural and engineering drawings,
plans and specifications required to obtain approval of any needed public
infrastructure modifications and connections, planning approval, and
building permits.
2.3
Construction Schedule. Subject to the terms and conditions of this
Agreement, including the Force Majeure provisions set forth in Section
8.2 hereof, Kendrick shall commence construction of the Project
improvements no later than June 30, 2008, but no SOOner than
commitment is made for all funds necessary to complete the affordable
housing component of the project. After commencing construction,
Kendrick shall diligently pursue completion of the construction of the
Project. All Project improvements shall be complete nO later than Itwo
years following the date of necessary governmental approvals.
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2.4 Demolition ofthe Existing Parking Lot. Kendrick shall not demolish,
remove or substantially alter the existing surface parking lot so as to
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render the parking area unusable more than 30 days prior to
commencement of construction on the Project.
2.5 Permits. Kendrick will obtain, at its own cost, all governmental approvals
necessary for the construction of the Project. Each party covenants to use
its diligent, good faith efforts to assist the other party in obtaining the
required permits and approvals. Kendrick acknowledges that assistance
by City in obtain permits in accordance with this section and as a party to
this Agreement does not bind City, in its administrative capacity through
its Community Development Department or other departments to (among
other things) issue said permits, nor does it constitute a representation by
City that necessary permits will be issued by City.
2.6 Safety Matters; Indemnification. Kendrick shall:
2.6.1 Safety. Take all safety measures necessary to protect the public,
Kendrick's employees, agents contractors, subcontractors,
licensees and invitees and City's employees, agents, contractors,
subcontractors, licensees and invitees from injury or damage by or
resulting from the performance of its construction;
2.6.2 Security. Take all steps reasonably necessary to secure the Project
site to prevent access to the same by the public during the period of
construction.
2.6.3 Liability Claims. Indemnify and hold the City harmless from all
claims, costs, expenses and liabilities arising from the death of or
accident, injury, loss or damage whatsoever caused to any person
or to the property of any person as occurs in the process of the
construction work; and
2.6.4 Indemnitv from Liens. Indemnify, defend and hold the City
harmless from and against all mechanic's, materialmen's, and
laborer's liens and all costs, expenses, and liabilities arising from
the construction.
2.7 Liens. The parties agree that in the event any statutory lien shall be filed
during the term of this Agreement against any portion of the Land or the
Project by reason of labor, services, or materials supplied to or at the
request of a party, that party shall pay and discharge the same of n:cord
within thirty (30) days after the filing thereof, subject also to the
provisions of the following sentence. Each party shall have the right to
contest the validity, amount or applicability of any such liens by
appropriate legal proceedings, and so long as it shall furnish bond or
indemnity as hereinafter provided and be prosecuting such contest in good
faith, the requirement that it pay and discharge such items within said
thirty (30) day period shall not be applicable; provided, however, that in
any event, such party shall within thirty (30) days after the filing thereof,
bond in accordance with applicable laws, or in the alternative indemnify
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against such liens in amount and form satisfactory to induce the title
insurance company which insured title to the Project to insure ov<:r such
liens or to reissue or update its existing policy, binder or commitment
without showing any title exception by reason of such liens and, further,
such party shall indemnify and save harmless the other parties hereto from
all loss, damage, liability, expense or claim whatsoever (including
attorneys' fees and other costs of defending against the foregoing)
resulting from such liens. In the event such legal proceedings shall be
finally concluded (so that no further appeal may be taken) adversely to a
party, that party shall within five (5) days thereafter cause the lien(s) to be
discharged of record.
2.8 Completion of Construction. Receipt of final certificates of occupancy for
each portion of the Project (Parking garage, Commercial Area, Affordable
Residential Units and Market Rate Residential Units) shall, except as
otherwise provided for herein, be conclusive evidence of Kendrick's
satisfactory performance of its obligations under this Agreement to
construct that portion. Issuance of such certificates of occupancy shall
mean (i) that any party acquiring or leasing that portion of the Commercial
Structures or Residential Structures (Affordable or Market Rate) shall not
(because of such purchase or lease) have any obligation under this
Agreement with respect to the construction of the Commercial Structures
and/or Residential Structures, and (ii) that, except for ongoing
construction or other obligations under this Agreement neither City nor
any other party shall thereafter have or be entitled to exercise with respect
to the Commercial Structures and/or Residential Structures any rights or
remedies or controls that it may otherwise have been entitled to exercise
under this Agreement with respect to the construction of the Commercial
Structures and/or Residential Structures or as a result of a default in or
breach of any provision of this Agreement by Kendrick or by any
successors in interest or assigns of Kendrick.
3 CREATION OF PROPERTY AND CONVEYANCE
3.1 Condominiwn Form of Ownership Prior to Completion. Concurrent with
the development of plans and construction, Kendrick's attorneys will
assist in the creation of a condominiwn form of ownership by completing
and recording a Declaration and Bylaws, the form of which shall be
agreed to by the parties, subject to modifications required by regulatory
agencies or Mortgagees. Said Declaration shall create the following
condominium units within the Project: (i) one unit for the parking garage,
containing 16 parking spaces; (ii) two commercial units one of which
would consist of 4,500 square of commercial space on the ground floor
and one of which would consist of 1500 square feet of commercial spacc
on the second floor; (iii) one unit consisting of ten (10) studio or one
bedroom affordable housing units; (iv) three market rate residential units;
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and (v) the common areas e.g., elevators, lobbies, stairways, etc., for use
by all units, and limited common elements, all as more particularly
described in the Declaration The parties agree to take all actions
necessary to finalize and to complete the Declaration and other documents
necessary to create the condominium, including an independent budget,
reserve analysis, association members dues and to record the saffil~ as
necessary. All costs associated with the converting the Project to the
condominium form of ownership, including, but not limited to, th~ costs of
preparing and recording the plat, shall be shared equally by City and
Kendrick; provided, however, that all costs of preparing the Declaration,
the condominium bylaws, and other legal documents shall be the
responsibility of and shall be borne solely by Kendrick.
3.2 Closing. Upon recording of the Declaration and creation of the Affordable
Residential Units, the Market Rate Residential Units and the Commercial
Units, City will convey fee title to the Affordable Residential Units,
together with an undivided interest in the Common Areas, to ACCESS to
be managed as Affordable Housing to be targeted at those earning 60% of
the area median income or less. In the event the Affordable Residential
Units ever cease to be used to provide affordable housing as defined in the
Ashland Municipal Code, ownership of the Affordable Residential Units
shall revert to the City. The City will convey fee title to the Market Rate
Residential Units, together with an undivided interest in the Common
Areas, to Kendrick, with a deed restriction that the Units be occupied as
the occupant's principal residence. The City will lease the Commercial
Units to Kendrick for a term of 60 years. Consideration for this lease
agreement is Kendrick constructing, at his cost, the underground parking
garage and the Commercial. Kendrick may sublease the Commercial
Units. Sub leases of the Commercial Units towards the end of the sixty-
year term may continue for no more than five years after the end of the
sixty years so long as such leases provide for lease rates which are
comparable to similar commercial space in downtown Ashland and
provision is made for payments to be made to the City, its successors or
assigns for any lease amounts attributable to periods after expiration of the
60 year lease to Kendrick. At the end of the sixty-year lease term, the City
may, at its option, sell the Commercial Units, retain the Commercial Units
for public purpose, lease the Commercial Units or convey ownership of
the Commercial Units to ACCESS to be used in assisting ACCESS with
their purpose of providing affordable housing. Such conveyances and title
to the property shall be subject only to the condominium documents,
exceptions as set forth in this section above and standard Permitted
Exceptions.
3.3 Title Insurance. Survey. Property Taxes and Closing Costs. City shall
provide Kendrick with a 1992 standard ALT A Owner's Policy of Title
Insurance issued by Title Company, insuring good and marketable fee title
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to the Market Rate Residential Units as of the date of closing with
coverage in the amount of $1,050,000, insuring that title is vested in
Kendrick free and clear of encumbrances except the condominium
documents, the Exceptions set forth in Section 3.2 of this Agreemmt and
the Permitted Exceptions. Kendrick will be responsible to pay the cost of
the title insurance premium for the title insurance on the Market Rate
Residential Units. Kendrick, at its option, may elect to obtain extended
coverage and additional endorsements under such policy oftitle insurance,
at its sole cost and expense, and City agrees to execute such documents
that may reasonably be required by the Title Company to enable Kendrick
to obtain such coverage. Kendrick shall pay the cost of preparing a survey
in form suitable to support issuance of an AL T A Owner Extended
Coverage Title Policy, if requested by Kendrick. Recording costs will be
paid by Kendrick. Real property taxes, if any, for the year in which
Closing occurs shall be prorated as of the Closing Date. City and
Kendrick shall each pay one-half (1/2) of any escrow fees charged by the
Title Company.
3.4 Amendment to Declaration Following Completion of Construction. If
deemed necessary or advisable by Kendrick following completion by
Kendrick of the Project Construction and issuance of ccrtificates of
occupancy for such improvements, Kendrick and City agree to aml~nd the
Declaration and other condominium documents and to take such other
actions as are necessary to redefine the Affordable Residential Stmctures,
the Market Rate Residential Structures and the Commercial Structures to
reflect the actual structures constructed therein. All costs associate:d with
amending the Declaration and other condominium documents shaH be
paid for by Kendrick. Both parties shall cooperate in amending th(~
Declaration in accordance with this section and shall execute any and all
documents reasonably necessary to accomplish the same, including, but
not limited to, an amended Declaration and any deeds necessary to
establish the unit ownerships.
4 CONSIDERA nON
The consideration for the Kendrick's acquisition of the rights to constmct and acquire
ownership of the Market Rate Residential Units and for Kendrick's right to construct and
lease from the City the Commercial Units for a term of 60 years is twofold and is as
follows:
4.1 In accordance with the terms and conditions of this Agreement, Kendrick
is to pay all engineering, architectural and design costs, application and
permit fees, systems development charges associated with preparatlion for
construction of the Project and all costs associated with the preparation
and recording of the condominium documents;
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4.2 Kendrick is to construct the Parking Garage, the Commercial Stmcture
and the Market Rate Residential Structures at Kendrick's cost; and
4.3 Kendrick, using funding obtained by ACCESS, shall construct tht:
Affordable Residential Units.
4.4 Kendrick, or its assigns or successors in interest shall, at his sole costs,
maintain the common areas and the limited common elements for the
Commercial Units and the Market Rate Residential Units of the Project
during the term of the lease to Kendrick of the Commercial Structure.
4.5 ACCESS shall maintain, at its costs, the common areas and limited
common elements allocable to the Affordable Residential Units.
4.6 Kendrick's Default. In the event City determines not to proceed with the
construction of the Project because of Kendrick's failure to perform its
obligations under this Agreement or because of loss of or failure to secure
the financing commitments required by Section 1.2 hereof, Kendrick shall
turn over all permits, construction documents, surveys or other documents
already completed to the City and City shall have no further obligations to
Kendrick.
5 FINANCING.
5.1 Definitions. As used in this Section, the following terms have the
following meanings (and other defined terms shall have the meanings set
forth in the Definitions section of this Agreement) and, where applicable,
shall be interpreted in accordance with generally accepted accounting
principles:
5.1.1 "Additional Financing" means any of the following financing
permitted under this Agreement (other than Construction
Financing, Initial Financing, Equipment Financing, Refinancing or
Sale):
5.1 .1.1 Any transaction (other than one permitted under thils
Agreement admitting new members to Kendrick or
transfers among members permitted under this Agrt:ement)
encumbering or otherwise creating any interest in all or an
portion of or any interest in (a) the Project, (b) the
improvements thereon, or (c) Gross Revenues or ne!! cash
flow from the Project; or
5.1.1.2 Any loan or other financing, the proceeds of which are
used to (a) pay for Capital Improvements or (b) generate
proceeds to Kendrick for any purpose, other than any
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transfers of individualized interests among Kendrick's
members, secured in whole or in part by an interest in the
Project.
5.1.2 "Capital Improvements" means any modifications, repairs, or
replacements to the Improvements or construction of additions to
the Private Project (including, without limitation, costs of It en ant
allowances), (i) occurring subsequent to the Completion Date, (ii)
the cost of which may be capitalized in accordance with generally
accepted accounting principles, and (iii) the cost of which is not
included in the Construction Financing and/or Initial Financing.
5.1.3 "Construction Financing" means the construction loan for the
initial development of the Project secured by Kendrick.
5.1.4 "Debt Service Pavments" means all principal and interest, rental
and other sums and amounts paid or payable by Kendrick for or
during the applicable pertinent period to a lender or Mortgagee
under any Construction Financing, Initial Financing, Additional
Financing or Refinancing; provided, however, that in the even of a
foreclosure of any mortgage, leasehold mortgage, or the
conveyance of Kendrick's estate in the Improvements to any
lender by deed in lieu of forcclosure, or in the event of termination
of any lease or sublease arising out of a sale-subleaseback
financing transaction of such estate, the term "Debt Service
Payments" shall included thereafter, for the period in which a
Mortgagee or lender is in possession, all principal and interest,
rental and other sums and amounts which would have become
payable to such Mortgagee or lender pursuant to or in connection
with such mortgage, leasehold mortgage or sale-subleaseb21ck
transaction but for such foreclosure, deed in lieu of foreclosure or
lease termination.
5.1.5 "Gross Revenues" means all revenues and funds of any kind
whatsoever derived by Kendrick (and not by any tenant, subtenant
or licensee of Kendrick) from the ownership, rental and/or
operation of the Project, including, without limitation, all gross
rental income (including all amounts actually received by Kendrick
as rent from tenants or licensees, including minimum rent and rent
based or dependent on volumes of sales or business transacted)
whether characterized as rent or not; operating contributions and
other payments or reimbursables received from tenants; proceeds
ofrental or business interruption insurance (including inten~st
thereon); all income earned on invested finds (including interest
earned on any reserves); all income from vending machines,
telephones and other sources located in the Project; all refunds,
o
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rebates and recovery of items, if any, previously charged as Project
Expenses or deductions from the Gross Revenues of the Project;
refinancing Proceeds; and Sale Proceeds. Prepaid rents, prepaid
payments and security deposits shall not be included in tht: Gross
Revenues of the Project until the Fiscal year in which earned,
applied or forfeited.
Gross Revenues shall not include: funds received as capital
contributions; property insurance proceeds (including interest
thereon), except to the extent in excess of the amount applied to
collection and restoration costs or otherwise applied to reduce or
retire debt; and condemnation proceeds (including interest
thereon).
Gross Revenue and Project Expenses may be reported on an
accrual basis by Kendrick or and Affiliate provided that the same
method of reporting is used under the Initial Financing or
Refinancing; with respect to transferees of Kendrick other than
Affiliates, the accrual basis may be used subject to the reasonable
approval of City, and if not used, all calculations hereunder shall
be on a cash basis notwithstanding any other provision herein to
the contrary_
5.1.6 "Improvements" means the improvements comprising the Project.
5.1.7 "Initial Financing" means permanent financing secured by
Kendrick to pay off the Construction Financing.
5.1.8 "Refinancing" means any financing, other than Additional
Financing or Equipment Financing, by way of a mortgage or by
way of a sale-leaseback of Kendrick's estate in the Project and the
Improvements thereon, which retires or replaces the Initial
Financing or a prior Refinancing as herein defined, providt:d that
the same is at then-market rates for such financing.
5.1.9 "Refinancing Proceeds" means all proceeds available to Kendrick
out of any Refinancing with respect to any portion of the Project,
after deduction of (i) amounts paid by Kendrick to discharge
principal, accrued interest and prepayment charges under allY
Financing or any other payment required to be made to discharge
such Financing or any security for the same; (ii) reasonabk costs,
fees and expenses payable by Kendrick with respect to the
negotiation, closing and consummation of such Refinancing; and
(iii) the total outstanding Umeturned Capital Contributions at the
time of such Refinancing.
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5.1.\ 0 "Sale" means (i) any bona fide total or partial sale, assigrument or
transfer (other than a mortgage, lease, or a sale, assignment or
transfer for less than fair market value consideration to any entity
which controls, is controlled by, or is under common control with
Kendrick, or any leases of the residential or commercial units in
the ordinary course of business) of any portion ofthe Project or
any right or interest therein; or (ii)any bona fide total or partial
sale, assignment, transfer or syndication of any stock or other
ownership interest in Kendrick (other than for admission of new
members or transfers among members of Kendrick as perrnitted
under this Agreement); or (iii) a condemnation (other than a
condemnation by City) or transfer in lieu of condemnation of the
Project or any part thereof or any right to interest in or to the same,
to the extent of proceeds available to Kendrick and not applied to
restoration or required to be paid to a Mortgagee.
5.1.1 1 "Sale Proceeds" means all proceeds available to Kendrick from the
Sale (including any noncash consideration which shall be deemed
Sale Proceeds at its fair market value) ofthe Project, or any portion
thereof, after deduction of (i) amounts paid by Kendrick to
discharge principal, accrued interest and prepayment charges under
any Financing (Construction Financing, Initial Financing,
Additional Financing or Refinancing) or any other payment
required to be made to discharge such financing or any security for
the same in connection with such Sale; (ii) reasonable costs, fees
and expenses paid with respect to the negotiation, closing .md
consummation of such Sale; and (iii) the total outstanding
Unreturned Capital Contributions at the time of such Sale.
5.1.\2 "Unreturned Capital Contributions" means the aggregate initial
and additional capital contributions of all members of Kendrick,
reduced by the total of all distributions to said members from
Refinancing or Sale Proceeds in accordance with Kendrick's
operating agreement.
5.2 Right to Obtain Financing. Kendrick and ACCESS shall have the right to
obtain Construction Financing, Initial Financing, Equipment Finarlcing,
Refinancing or Additional Financing using as security their real property
interests in the Affordable Residential Units, the Market Rate Residential
Units or the lease term in the Commercial Units. Any financing which
uses the lease in the Commercial Units as security must be completely
paid and any security interests in the Commercial Units released prior to
the termination of the 60-year lease term.
5.3 Annual Accounting Statements.
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5.3.1 Kendrick shall furnish to City as soon as it is prepared prior to the
end of the first quarter of each Fiscal Year of Kendrick, a detailed
statement of income and expenses ("Accounting Statement") from
the Commercial Units portion ofthe Private Project prepared by
Kendrick's accountant, setting forth in reasonable detail the
computation of Revenue Payments, if any, for the immediately
preceding Fiscal Year, including a detailed breakdown and
calculation ofUnretumed Capital Contributions, Gross Revenues,
Project Expenses and other relevant categories and such other
information as City shall have specified by notice to Kendrick
prior to such Fiscal Year, as shall be reasonably necessary for City
to maintain an accurate record of the financial viability of the
Project.
5.4 Covenants Running with the Land. The obligations of Kendrick provided
herein in this Agreement shall be covenant's running with the Private
Project for the benefit of City and shall be binding upon and enforceable
by City against Kendrick and all successors in interest in or to the Private
Project, or any portion thereof. The parties agree that this Agreement or a
Memorandum of this Agreement setting forth, among other things, the
obligations contained in this section, shall be recorded in the Jackson
County Records following execution of this Agreement by all parties. The
cost of recording this Agreement or the Memorandum shall be born by
Kendrick.
6 PARKING AGREEMENT. Concurrently with entering into this Agreement, City
Kendrick, and ACCESS shall enter into a separate mutually agreeable Parking
Permit Agreement, whereby City agrees to provide Kendrick, its successors,
lessees, and assigns, and ACCESS. its successors, lessees, and assigns, c(:rtain
parking rights in the Parking Garage, to be more particularly described th(:rein.
The Parking Permit Agreement, or a memorandum thereof, shall be recorded by
the parties, the cost of which shall be born by Kendrick.
7 OPERATION OF PROPERTY
7.1 Standard of Operation. The parties acknowledge that their respective
portions of the Project are interrelated and are dependent upon the other
portions ofthe Project for success. Accordingly, in order to insure the
success of the entire Project, the parties hereby agree the Project shall be
operated as a first-class mixed use development, consistent with the
standard of other similar projects. The failure of one party to maintain the
standards prescribed in this clause does not effect a default or penalty
attributable to the other parties.
7.2 Commercial Tenants. Consistent with the provisions of the preceding
subsection, Kendrick agrees 10 make every reasonable effort to recruit and
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lease the Commercial Structures to tenants which are compatible with the
residential components of this project and with the commercial us,es in the
downtown area around the Project.
7.3 Changes in Use. For a period often (10) years from and after the date the
certificate of occupancy for Commercial Units is issued, the Commercial
Unit portion of the Private Project shall be uses solely for commercial uses
permitted as outright uses in the City's C-I-D zone. Any change in use of
the Commercial Units during this lO-year period shall require the prior
written consent of City, which may be granted or not in City's sole
discretion. The Market Rate Residential Units shall be used solely for
residential purposes. Subject to the provisions of the immediately
preceding subsection and Section 4 hereof, nothing contained herein shall
restrict or prevent Kendrick or its assigns from a change in use to a
different commercial use for the applicable portions of the Commt:rcial
Units, so long as such use is permitted outright in the City's C-I-D zone.
8 DEFAULT; REMEDIES
8.1 Default-Cure.
8.1.1 Default by Kendrick. Kendrick shall be in default if it breaches
any of the provisions of this Agreement, whether by action or
inaction, and such brcach shall continue and not be remedied
within sixty (60) days after City shall have given notice spt:cifying
the breach, or in case of a breach which cannot with due di:ligence
be cured within a period of sixty (60) days, if Kendrick shall not
within such sixty (60) day period commence the cure oftht: breach
and thereafter diligently prosecute to completion such cure within
a reasonable time after the notice from City. A default shall occur
if Kendrick shall have made any assignment for the bcnefit of
creditors, or shall havc become adjudicated bankrupt, or shall have
had a receiver, trustee or creditor's committee appointed over it.
Kendrick shall not be deemed to be in default hereunder for failure
to pay any tax, assessment, lien or other charge if Kendrick, in
good faith, is contesting the same and, if necessary to avoid
foreclosure, has furnished an appropriate bond or other
undertaking to assure payment in the event Kendrick's contest is
unsuccessful.
8.1.2 Default by City. A default shall occur if City shall breach any of
the provisions of this Agreement, whether by action or inaction,
and such breach shall continue and not be remedied within sixty
(60) days after Kendrick shall have given notice specifying the
breach, or in the case of a breach which cannot with due diligence
be cured within a period of sixty (60) days, if City shall not within
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such sixty (60) day period commence to cure the breach and
thereafter diligently prosecute to completion such cure within a
reasonable time after the notice from Kendrick.
8.1.3 Remedies. In case such action is not taken, or is not commenced
and thereafter diligently pursued, or the default or breach shall not
be cured or remedied within said sixty (60) day period (or, if the
default or breach is not curable within said sixty (60) day period,
within a reasonable time), or if the default or breach is of such a
nature that it poses an immediate threat to human health or safety,
the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure or remedy such default
or breach, including, but not limited to, proceedings to compel
specific performance by the party in default or breach of its
obligations, or taking such actions as are reasonably necessary to
cure the default or breach and collecting the reasonable costs
thereof from the defaulting or breaching party, or pursuing such
other remedies as are available at law or in equity for such default
or breach, subject to rights of Mortgagees under Section 8.:5
hereof.
8.1.4 Forfeiture of Development Rights. As an alternative to and in lieu
of exercising the remedies available to City upon Kendrick's
default provided for in Section 8.1.3, Cit may elect instead to
declare a forfeiturc of Kendrick's rights hereunder as follows:
8.1.4.1 Subject to the notice and cure provisions in Section 8.1.1,
in the event Kendrick fails to commence construction of the
Project within the time period set forth in Section 2.3 and
has not commenced construction ofthe Project, City shall
have the right, as its sole and exclusive remedy, to
terminate this Agreement by notice to Kendrick,
whereupon Kendrick shall forfeit its rights to develop the
Project. Upon such forfeiture, Kendrick shall deliver and
assign to City all of Kendrick's rights to the architectural
and engineering plans for the applicable portions of the
Project, without cost or liability to City, and shall re:convey
any interest it may have in the applicable portions of the
Project to City.
8.1.4.2 Subject to the notice and cure provisions in Section 8.1.1,
in the event Kendrick fails to commence construction of the
Residential Structures within the time periods set forth in
Section 2.3, but has commenced construction of the
Commercial Structure, City shall have the right, but not the
obligation, as its sole and exclusive remedy, to purchase
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from Kendrick all of Kendrick's rights to the Commercial
Structure and all improvements thereto, for the actual costs
(both hard and soft costs) of such improvements less the
amount of any liens or encumbrances against the property
being purchased arising out of and from Kendrick's activity
on the property that City would be subject to, and Kendrick
shall forfeit its rights to develop the Residential Structures.
In the event the parties are unable to agree on the costs for
the Commercial Structure, the matter shall be submitted to
arbitration in accordance with Section 8.3 hereof.
8.104.3 Subject to the notice and cure provisions in Section 8.1.1,
in the event Kendrick commences construction of both the
Residential Structures and the Commercial Structme in
accordance with Section 2.3, but fails to complete the same
within two (2) years of all necessary governmental
approvals, City shall have the right, but not the obligation,
as its sole and exclusive remedy, to purchase from
Kendrick all of Kendrick's rights to the incompleted
portion of the Project that extended beyond said two (2)
year period and all improvements thereto, for the actual
costs (both hard and soft costs) for such improveme:nts. In
the event the parties are unable to agree on the costs for
said improvements, the matter shall be submitted to
arbitration in accordance wit Section 8.3 hereof.
8.2 Force Maieure.
8.2.1 Delavs During Arbitration. During the term of this Agreement,
neither City nor Kendrick, as the case may be, nor any successor in
interest, shall be considered in breach of or in default in its
obligations with respect to any obligations created hereunder or
progress in respect thereto, in the event of and for the period of
enforced delay in performance of such obligations due to
arbitration pursuant to Section 8.3 hereof; provided however, that
either party may, at its option, perform any such obligation
pending a resolution of the dispute, without waiving or otherwise
affecting its rights under the dispute resolution process.
8.2.2 Unavoidable Delavs. Neither City, nor Kendrick, nor ACCESS, as
the case may be, nor any successor in interest, shall be considered
in breach of or default in its obligations with respect to any
obligations created hereunder or progress in respect thereto, in the
event of enforced delay ("Unavoidable Delay") in the performance
of such obligations due to unforeseeable causes beyond its control
and without its fault or negligence, including, but not limited to.c
[) ;7
acts of God or of the public enemy, acts of the Government, fires
floods, epidemics, quarantine restrictions, strikes, freight
embargoes, earthquake, explosion, mob violence, riot, inability to
procure or rationing of labor, equipment, facilities, sources of
energy, materials or supplies (or reasonable substitute materials or
supplies) in the open market, litigation or arbitration involving a
party or others relating to zoning or other governmental action or
inaction pertaining to the Project, malicious mischief,
condemnation, and unusually severe weather or delays of suppliers
or subcontractors due to such causes, or any similar events and/or
occurrences beyond the control of City, or Kendrick; it being the
purpose and intent of this provision that in the event of the
occurrence of any such unavoidable delay, the time or timt~s for
performance of the obligations of City or Kendrick, as the case
may be, shall be extended for the period of the Unavoidable Delay;
provided, that the party seeking the benefit of the provisions of this
section shall, within thirty (30) days after the party becomes aware
of or reasonably should have become aware of the causes of any
such Unavoidable Delay, have first notified the other party thereof
in writing of the cause or causes thereof and the estimated time of
correction. Any action or failure to act by a party pursuant to this
Agreement which is not due to Unavoidable Delay shall not excuse
the performance hereunder by that party.
8.3 Arbitration Provision. Except where this Agreement provides otherwise,
all disputes or questions arising out of this Agreement shall be settled first
by mutually accepted mediation services in Jackson County, by arbitration
in Jackson County, Oregon, in accordance with the then applicabk
commercial arbitration rules of the Oregon Arbitration Association, or its
successor, by a single, neutral arbitrator appointed in the manner provided
for in said rules, which arbitrator shall have experience in the
development, operation, and management of mixed use developm(~nts and
not a bidder or in any way connected with any portion of the Project, and,
judgment upon the award rendered shall be final and binding on the parties
enforceable by any court having jurisdiction thereof
8.4 Dispute Resolution. Prior to submitting a matter to mediation and
arbitration in accordance with the preceding subsection, the parties shall
first attempt to resolve the dispute informally in accordance with the
section. In the event a dispute arises, the complaining party shall deliver
notice ofthe matter in dispute to the other party at the address and in the
manner provided for in Section 9.2 hereof. Each party shall thereafter
promptly designate a representative to address the matter, which
representatives shall attempt, in good faith, to resolve the disputed matter.
In the event the designated representatives are unable, despite their good
efforts, to resolve the disputed matter within fifteen (15) days of the initial
D,p.;
notice thereof, then, and in that event, either party may submit the matter
to mediation then arbitration in accordance with the preceding subsection.
8.5 Rights of Mortgagees.
8.5.1 Subordination. City's exercise of its rights under this Agr,eement
upon Kendrick's default shall always be subject and subordinate to
and be limited by, and shall not defeat, render invalid, or limit in
any way:
(a) The lien of any Mortgage or security interest
for any Financing authorized by this
Agreement secured by any portion of the
Private Project; or
(b) Any lease of any portion of the Private
Project.
8.5.2 Notices to Mortgagees; Right to Cure. Whenever City shall
deliver or make any notice or demand to Kendrick with respect to
any breach or default by Kendrick in its obligations or covenants
under this Agreement, City shall at the same time furnish a copy
thereof to any Mortgagee who has requested in writing that City
furnish it with a copy of such notice or demand.
8.5.2.1 Each such Mortgagee (or, in the case of more than one
Mortgagee electing to cure, the first in priority to so elect
shall be recognized by City) shall have the right, at its
option, to cure or remedy such breach or default or cause te
breach or default to be cured, in the manner provided for
such cure under this Agreement, and City will not tenninate
this Agreement or take any action to enforce any claim with
respect to said breach or default until the expiration of the
applicable cure period set forth in Section 8.1.1.
8.5.2.2 If the breach or default is one that the Mortgagee cannot
cure until the Mortgagee acquires possession of the
mortgaged property, City shall take no action to ef~ect a
tennination of this Agreement without first giving the
Mortgagee a reasonable time after receipt of the Notice of
breach or default within which either (a) to obtain
possession of the mortgaged property (including possession
by a receiver), or (b) to institute, prosecute, and complete
foreclosure proceedings or otherwise to acquire Kendrick's
interest under this Agreement with diligence. Upon
obtaining possession of the mortgaged property or
otherwise acquiring Kendrick's interest under this
Agreement, the Mortgagee shall be required promptly to
IJ
L ;1
cure all defaults then reasonably curable by the Mortgagee,
including, without limitation, the payment of other charges
pertaining to the period prior to the date of the Mortgagee's
possession or acquisition of Kendrick's interest. Prior to
completion of any foreclosure or other acquisition" the
Mortgagee may elect to return possession of the mortgaged
property to Kendrick or discontinue any foreclosurl~
proceedings then in progress. No provision of this
Agreement shall be interpreted as an obligation on the part
of the Mortgagee to commence or to continue any action to
obtain possession of the mortgaged property or acquire
Kendrick's interest under this Agreement.
8.5.3 No Mortgagee Obligation to Construct. Notwithstanding any other
provision of this Agreement, including, but not limited to, any
covenants running with the Private Project, any Mortgagee,
including any such Mortgagee who obtains title to the Private
Project or ay portion thereof, shall not in any way be obligated by
the provisions of this Agreement to construct or to complete the
Private Project or to guarantee such construction or compktion
thereof; provided, howcver, that any third party which ther'~after
obtains title to thc Private Project or any interest in the leases from
or through such Mortgagee or any purchaser at a foreclosure sale,
other than such Mortgagee, shall be obligated to develop or
complete and to guarantee such construction or completion in a
manner consistcnt with Kendrick's obligations hereundcr. Nothing
in this section or any other section or provision of this Agn:ement
shall be deemed or construed to permit or authorized any such
Mortgagee to devote any portion of the Private Project or its
interest in the leases to any use, or to construct any improvements
thereof, other than those uses or improvements required or
permitted under this Agreement.
8.5.4 Mortgagee's Rights as to Kendrick Preserved. In the event of a
default by Kendrick under this Agreement or under any loan
agreement with a Mortgagee described above, the Mortgag,ee may,
so long as it cures any default under the Agreement as permitted
above, exercise such rights as the Mortgagee may have against
Kendrick, including the right to take possession of the mortgaged
property and exercise Kendrick's rights and perform Kendrick's
obligations under the Agreement (including, but not limited to,
Kendrick's leasing, operation, and management obligations),
foreclose Kendrick's interest in the mortgaged property and the
Agreement as permitted by law, and reassign or sell Kendrick's
interest in the Agreement. Notwithstanding any other provision of
this Agreement, City will not unreasonably withhold approval of
n.,.
~ ~L,
such assignment or sale to third parties where the transfere,e
assumes Kendrick's obligations under the Agreement. Any transfer
of Kendrick's interest in this Agreement or the mortgaged property
to the Mortgagee or a transferee, shall include all land use
approvals, parking entitlements and other entitlements, if any,
associated with the portion of the mortgaged property so
transferred.
8.5.5 Release of Mortgagee. If a Mortgagee acquires Kendrick's interest
in the Agreement or the mortgaged property or otherwise
forecloses on such interest, and such interest is assigned to a
transferee approved by City as provided above, the Mortgagee
shall be automatically released from all liability for the
performance or observance of the terms of the Agreement from
and after the date of such assignment, so long as the approved
transferee assumes the Agreement in a form reasonably acceptable
to City.
8.5.6 Amendments Requested bv Mortgagees. City agrees to execute
amendments to this Agreement or separate agreements from time
to time to the extent reasonably requested by a Mortgagee
proposing to make Kendrick a loan secured by the Private Project
or a portion thereof, provided that such proposed amendments or
other agreements do not materially and adversely affect the rights
of City or its interest in the Project. All expenses incurred by City
in connection with any such amendment shall be paid by Kendrick.
8.5.7 City Statement of Defaults: Estoppel Certificates. The Mortgagees
shall have the right at any time after a default by Kendrick under
this Agreement to obtain from City a written statement of all
events of default under this Agreement then known to City. City
will also cooperate with Kendrick in executing an agreement
substantially in accordance with this Section and executing any
estoppel certificates, acknowledgments, or similar documents
reasonably required by Kendrick and the Mortgagee(s) in
connection with any financing permitted by this Agreement.
8.5.8 No Liabilities to City. Neither this Agreement, the loan
instruments with the Mortgagee(s), any assignment of the
Agreement or mortgaged property as security, nor any action taken
under such instruments, shall be construed as giying rise to any
duty, obligations, or liability on the part of the Mortgagee to City.
8.5.9 No Cancellation of Agreement. There shall be no cancellation,
termination, surrender, or modification ofthe Agreement by joint
action of City and Kendrick without the prior written consent of all
D2(
Mortgagees, and any such cancellation, termination, surrender or
modification shall be null and void and of no effect in the absence
of such written consent.
8.5.10 Notice of Arbitration. Each Mortgagee shall be given noti,;e of
any arbitrations by the parties to the Agreement and a copy of any
award or decision made in the proceeding.
9 MISCELLANEOUS PROVISIONS
9.1 Notice. A notice or communication under this Agreement by either party
to the other, or to any Mortgagee, shall be delivered by registered or
certified mail, postage prepaid, return receipt requested, addressed as
follows:
In the case of a notice or communication to Kendrick:
24 Crocker Strect
Ashland, OR 97520
In the case of a notice or communication to ACCESS
CEO
ACCESS, INC.
PO Box 4666
Medford, OR 97501
In the case of a notice or communication to City:
City of Ashland
City Administrator
20 E. Main Street
Ashland, OR 97520
With a copy to :
City of Ashland
City Attorney
20 E. Main Street
Ashland, OR 97520
Or addressed in such other way with respect to a party as that party may,
from time to time, designate in writing dispatched as provided in this
section.
D22
9.2 Merger. None of the provisions of this Agreement are intended to or shall
be merged by reason of any deed transferring title to the Residential Units
from City to Kendrick or any successor in interest, and the same shall
continue and survive following closing, and any such deed shall not be
deemed to affect or impair the provisions and covenants of this
Agreement, but shall be deemed made pursuant to this Agreement
9.3 Captions. Any titles of the sections of this Agreement are inserted for
conveniencc ofreference only and shall be disregarded in construing or
interpreting any of its provisions.
9.4 Counterparts. This Agreement is executed in counterparts, each of which
shall be deemed to be an original, and such counterparts shall constitutc
one and the same instrument.
9.5 Waivers. No waiver made by either party with respect to the perfonnance,
or manner or time thereof, of any obligation of the other party or any
condition inuring to its benefit under this Agreement shall be considered a
waiver of any other rights of the party making the waiver. No waiver by
City or Kendrick of any provision of this Agreement or any breach
thereof, shall be of any force or effect unless in writing, and no such
waiver shall be construed to be a continuing waiver.
9.6 Attorneys' Fees. In the event of a suit, action, arbitration, or other
proceeding of any nature whatsoever, including, without limitation, any
proceeding under U.S. Bankruptcy Code, is instituted to interpret or
enforce any provision of this Agreement, or with respect to any dispute
relating to this Agreement, induding, without limitation, any action in
which a declaration of rights is sought or an action for rescission, the
prevailing party shall be entitled to recover from the losing party its
reasonable attorneys', paralegals, accountants', and other experts, fees and
all other fees, costs and expenses actually incurred and reasonably
necessary in connection therewith, as determined by the judge or arbitrator
at trial or arbitration, as the case may be, or on any appeal or review, in
addition to all other amounts provided by law. This provision shall cover
costs and attorney fees related to or with respect to proceedings in Federal
Bankruptcy Courts, induding those related to issues unique to bankruptcy
law.
9.7 Time of the Essence. Time is of the essence of this Agreement.
9.8 Choice of Law. This Agreement shall be interpreted under the laws of the
State of Oregon.
9.9 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays, and legal holidays in the State of Oregon, except that
DZ3
if the last day of any period falls on any Saturday, Sunday or such holiday,
the period shall be extended to include the next day which is not a
Saturday, Sunday or such a holiday.
9.10 Construction. In construing this Agreement, singular pronouns shall be
taken to mean and include the plural and the masculine pronoun shall be
taken to mean and to include the feminine and the neuter, as the context
may require.
9.11 Severability. If any clause, sentence or any other portion of the terms and
conditions of this Agreement becomes illegal, null or void for any reason,
the remaining portions will remain in full force and effect to the fullest
extent permitted by law.
9.12 Entire Agreement. This Agreement and the attachments hereto are the
entire agreement between the Parties relating to the subject matter in this
Agreement. There are no other oral or written agreements between the
parties with regard to this subject matter. There are no oral or written
representations made by either party, implied or express, other than those
contained in this Agreement.
9.13 Modification. Any modifications to this Agreement shall be made in
writing executed by both parties. The parties recognize that circumstances
may change and that it may be in the interest of both parties that the
Construction Schedule or other provisions hereof be amended from time to
time. For this reason, each of the parties will consider changes which may
be proposed by the other during the term of this Agreement.
9.14 Successors and Assigns. During the development stage of plans and
project approvals, Kendrick may assign to another entity in which
Kendrick will remain the managing member, subject to approval by City
upon a reasonable determination the new entity is sufficiently capitalized
to meet Kendrick's obligations and responsibilities under this Agreement.
After this first assignment neither party shall assign any or all of its rights
under this Agreement without the prior written consent ofthe other party,
which consent shall not be unreasonably withheld. City agrees that it will
not withhold its consent to an assignment by Kendrick if the assignee can
demonstrate that it has the financial resources and experience reasonably
necessary to carry out the obligations of Kendrick under this Agreement.
If City shall fail to respond to a request to any assignment within fifteen
(15) business days from a written request therefore from Kendrick and
receipt of evidence of the financial resources and experience of the
proposed assignee, Kendrick shall send notice to City of City's failure to
respond to the earlier request. If City shall fail to respond within seventy-
two (72) hours of the second notice, City shall be deemed to have
consented to such request.
'D.ZLf
9.15 Binding Effect. Subject to the provisions of the immediately preceding
subsection, the benefits conferred by this Agreement and the obligations
assumed thereunder, shall inure to the benefit of and bind the successors
and assigns of the parties hereto, including any mortgagee permitted by
this Agreement. The obligations of City and Kendrick, and their remedies
for breach thereof, shall be covenants and conditions running with the
land.
9.16 Place of Enforcement. Any action or suit to enforce or construe any
provision ofthis Agreement by any party shall be brought in the Circuit
Court of the State of Oregon for Jackson County, or the United States
District Court for the District of Oregon, Medford, Oregon branch.
9.17 No Partnership. Neither anything contained in this Agreement nor any acts
of the parties to this Agreement shall be deemed or construed by the
parties, or by any third person, to create the relationship of principal and
agent, or of partnership, or of joint venture, or any association between
any of the parties.
9.18 No Third Party Beneficiaries. The parties intend that the rights, obligations
and covenants in this Agreement and the deed shall be exclusively
enforceable by City and Kendrick. There are no third beneficiaries to this
Agreement.
9.19 Exclusive Remedies. The rights and remedies expressly afforded under the
provisions of this Agreement shall not be deemed exclusive, except where
otherwise indicated, and shall be in addition to and cumulative with any
and all rights otherwise available at law or in equity, and the exercise by
either party of anyone or more of such remedies shall not preclude the
exercise by it, at the same or different times, of any other such remedies
for the same default or breach or any of its remedies for any other default
or breach by the other party.
9.20 Nonwaiver of Government Rights. Subject to the terms and conditions of
this Agreement, by making this Agreement and delivery of the deeds, City
is specifically not obligating itself or any other agency with respect to any
action relating to development or operation of the improvements to be
constructed on the Land, including, but not limited to, rezoning, va.riances,
environmental clearances or any other governmental agency approvals
which are or may be required, except as expressly set forth herein.
9.21 Approvals. Where approval or consent of City is required, City will
approve or disapprove within fifteen (15) business days after receipt of the
material to be approved, except where a longer or shorter time period is
specifically provided to the contrary in this Agreement. If City shalll fail to
respond to Kendrick within such fifteen (15) day period, Kendrick shall
1) Z::J
send a notice to City of City's failure to respond. Failure by City to
respond and approve or disapprove within seventy-two (72) hours of the
second notice, shall be deemed an approval. Any disapproval shall state in
writing the reasons for such disapproval. Approvals will not be
unreasonably withheld, except where rights of approval are reserv(~d to
City's sole discretion. Kendrick, upon receipt of such disapproval, may
revise such disapproved portions in a manner responsive to the stated
reasons for disapproval and resubmit the same to City within forty.-five
(45) days after receipt of the notice of disapproval or, unless such
disapproval is within the sole discretion of City, submit the matter to
arbitration pursuant to Section 8.3.
9.22 Estoppel Certificates. City and Kendrick shall at any time and from time
to time, within thirty (30) days after written request by the other, execute,
acknowledge and deliver to the party which has requested the same or to
any prospective mortgagee, assignee or subtenant designated by Kendrick,
a certificate stating that (i) the Agreement 1 s in full force and effect and
has not been modified, supplemented or amended in any way, and if there
have been modifications, the Agreement is in full force and effect as
modified, identifying such modification agreement; and if the Agreement
is not in force and effect, the certificate shall so state; (ii) the dates on
which the term of this Agreement commenced and will terminate; (iii) all
conditions under the Agreement to be performed by City or Kendrick, as
the case may be, have been satisfied and, as of the date of such certificatc,
there are no existing defenses or offsets which City or Kendrick, as the
case may be, has against the enforcement of the Agreement by the other
party, or, if such conditions have not been satisfied or if there are any
defenses or offsets, the certificate shall so state. The party to whom any
such certificate shall be issued may rely on the matters therein set forth
and thereafter the party issuing the same shall be estopped from denying
the veracity or accuracy of the same.
9.23 Good Faith and Reasonableness. The parties intend that the obligations of
good faith and fair dealing apply to this Agreement generally and that no
negative inferences be drawn by the absence of an explicit obligation to be
reasonable in any portion of this Agreement. The obligation to be
reasonable shall only be negated if arbitrariness is clearly and explicitly
permitted as to the specific item in question, such as in the case of a party
being given "sole discretion" or being allowed to make a decision in its
"sole judgment. "
9.24 Statutory Disclosure. THIS INSTRUMENT WILL NOT ALLOW USE
OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLA nON OF APPLICABLE LAND IJSELA WS AND
REGULA TIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
D2C-.
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN
ORS 30.930.
c..
~
ayor
~
Barbara Christensen, City Recorder
KENDRICK
By:
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Name:
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Title:
ACCESS,INC.
By:
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Title:
D27
Martha Bennett - MAA wastewater facility
Page 1
From: Enc Navickas <ericnavickas@hotmailcom>
To: Martha Bennett <bennettm@ashland or US>, Cate Hartzell <cate@mindnel>, John
MOrrison <morrlsoJ@ashlandor us>, Alice Hardesty <ahardesty88@charternet> Kate Jackson
<kateJackson@opendoor com>, "russclty@zlntechorg" < russclty@zlntechorg>, davld chapman
<davldchapman@ashlandhomenet>, DaVid Chapman <chapmand@govashlandorus>
Date: 9/13/2007 84044 AM
Subject: MAA wastewater faCility
Martha, I would like this Item added to the Council ACjenda I have full documentation of the Notice of
Noncompliance, etc If needed
The Forest Service and DEO approved the MAA wastewater treatment faCility within the Ashland Creek
Watershed conditioned on stncl standards
Following it's construction In 2000, the DEO Cited the Ski Acea sewage plant as being out of compliance
With Its permit as of May 31, 2003,
Required monthly monitoring showed effluent Nitrogen contaminant level exceeding maximum allowable
levels by up to 15 tllTleS With routine Violations of five to seven tllTleS
Continued noncompliance would have placed proceclural requrrements on the MAA and resulted in the
possible termrnatlon of the permit
The DEO responded on 4/25/2005 by Issuing a new permit that removed the maximum allowable Nitrogen
level entirely and any legally binding tngger mechanlsnl to requrre compliance,
The new permit requrred continued monltonng of Nitrogen With close over-site by the DEO,
I am bringing this before counCil to request that we drrect Staff to consult With the DEO on the current
status of Nitrogen levels as well as other contaminants Within the effluent discharge from the MAA
wastewater faCility and request a formal update from therr on-site specialist
Respectfully,
Enc Navickas
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, ~
---------- "--~~-----~~_._~._----------~~-
O~paItm~nt of Environmental QUidity
\rV~stern Region.
Cranls Past> Branch Office
December 16,2002 51ll NW 'lih St.. Rm ~76
C,onts I)ass. OR 97526-1ll19
(5{1) {71-2850
kiT Han;wn
Mt. Ashland Assoclation
\745 Hwy 66
PO Dox 220
Ashland, OR 97520-0008
,""
1,-'
RE:
WQ - JACKSON County
Mt. Ashland Ski Association
Site ill # 102965/PermiI # \01662
WRGPNON-02-05 NOTICE OF NONCOLYlJ'LIANCE (NON)
if
','-
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Dear Mr. Hillson:
On October 9, 2001, Rick Blake and I met with yon to inspect your Wa3te water
treatment facilities and review the elevated levels of Total Nitrogen reported on your
1001 Discharge Monitoring Report (DMR). Your DtvlR reported that your wastewater
discharges contained Total Nicrogen concentrutions ranging from 73.9 mgJ1 10.104.7
mgll, which are signillcantly higher than your permitted discharge efl1uent limit of not
1U0re than 10 rngll M required in Schedule A of your pemliL These e1evilted Total
Nitrogen di:3charge concentrations are a violation of Oregon Revised Statutes (ORS)
468B.050(1) (c) :md in accordanc~ with our Enforcement Rules contaimd in Oregoo
Administrative: Rules (OAR) J40-012-055(2)(g) are Cla.~s 2 violations.
The Total Nitrogen limit of 10 mgl\ WU;J e~lnbli3hed to ensure the groundwaters down
gradient of your subsurface dispo3al ficld3 would not be impncted to where tbeir current
and future use as a potable source of drinking water supplies would be threatened. Your
subsurface disposal tidds are located In the City of A3hland'3 watershed and the
groundwater flows from this area eventuully become part of A3hland' 3 potable drinking
water supply.
Fortunately, to date the groWld waler monitoring you have conducted down 310pc of the
disposal lieltis have not yet ~hown any indications of elevated nitrogen contamination.
Accordingly, in order to address the above violations, we are askij\g Uwl by not later than
March 1,2003, tllat you submit a plan and corrective implementation schedule on what
steps you wUllake to lower your Total Nitrogen concwtmtion dischurgC3 to achieve
compliance with your permitted discharge concentration limitntions. As part of this plan,
we suggest you conlnct the firm who designed your current Sequent Balch Reactor
treatment unit:md have tl"H;m eVI11uate why thi.':l unit is not pertonning in uccnrdance with
ot::Q. ~WR.l<H
Pa~e 2
WRGPNON-02-05
\2-16-02
the projecti003 they submitted when the pemlit was originally issued. The plan also
needs to include the continuation of growld water monitoring \lI]til it can be 3hown tbat
the Total Nitrogen discharge concentratioulirnit can be maintained within permit
requirem~nts. Please 3ubmit this plan to my anentiou at the Grants Pass DEQ Office
using the address on the above letter head.
Exceeding a permit established effluent limit i3 a Class 2 violation. Oregon
Administrative Rule (OAR) 340-12-041(1)(c) provides that a permittee shall not receive
more than three NONs for Class IT violatioI13 of th~ sume permit within a thirty-six (36)
month period without being iS3ued a inore fomJa! ~n.forcement action called a Notice of
Permit Violation (NPV). TIle Department may, however, issue an NPV prior to the third
NON.
If you have any qu~stions, or in may be ofa.ssistance to help you meet the March I"
date, please contact me at (541) 471-2850. ext. 24.
?!J;xl,5~
Charles D. Costanzo, R.S.
On-S ite Specialist
Grants Pa.ss Office, Western Region
CC: Greg Farrell, Roseburg DEQ
Ken Cote, Jackson Co. Planning
Gary Stevens, Jackson Co. Environmental Health
Kerri Nelson, Eugene OEQ
Sherry Brierty, Grants Pass DEQ
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