HomeMy WebLinkAbout2012-1106 Council Mtg PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the
Presiding Officer may allow oral testimony. If you wish to Speak, please fill out the Speaker Request form located new the entrance to the Council
Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to
some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 6, 2012
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of October 15, 2012
2. Executive Session of October 15, 2012
3. Business Meeting of October 16, 2012
VI. SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of November 5-11, 2012 as Youth Symphony of Southern
Oregon Week
2. Presentation by Ashland Community Hospital regarding next steps in seeking
an affiliation partner
VII. CONSENT AGENDA
1. Approval of Commission, Committee, and Board Minutes
2. Adoption of the new City of Ashland Emergency Operations Plan
3. Approval of Statewide Transportation Improvement Program grant
applications for Public Works
4. Ratification of labor contract with the Local Union No. 659 International
Brotherhood of Electrical Workers (Clerical/ Technical)
5. Approval of a special procurement contract with GE Water and Process
Technologies for purchase of wastewater membrane filters
6. FEMA 2012 Community Resilience Innovation Challenge Grant Request
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
7. Liquor license application from Alyssa Brooks dba 7-Eleven at 1281 Siskiyou
Blvd.
8. Special procurement for the purchase of Badger Water Meters
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must
conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to
9:30 p.m. by a two-thirds vote of council {AMC §2.04.050))
1. Ordinance amending the City of Ashland Comprehensive Plan to adopt the
Housing Needs Analysis as a technical supporting document
IX. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) [15 minutes
maximum]
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Acceptance of Operational Sustainability Plan framework
2. Fiscal Year 2012-2013 First Quarter Financial Report: July - September 2012
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1 Second reading, by title only, of an ordinance titled, "An ordinance amending
Ashland Municipal Code, Chapter 10.110 Fair Housing"
2. Second reading, by title only, of an ordinance titled, "An ordinance amending
Chapter 2.13 of the Ashland Municipal Code, reducing the number of
established members on the Transportation Commission "
3. First reading, by title only, of an ordinance titled, "An ordinance amending
AMC Chapter 3.08, General Personnel Policies and Employee
Responsibilties"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I). .
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City Council Study Session
October 15, 2012
Page] of 6
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, October 15, 2012
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:31 p.m.
Councilor Voisin, Silbiger, Lemhouse, Morris, Slattery, and Chapman were present.
1. Look Ahead
City Administrator Dave Kanner reviewed items on the Look Ahead.
2. Review of the Ashland Solid Waste Rate Review Report
23% increase, Council gave 11%.
Chris Bell from Bell & Associates - requested specific info on prior financial results, operational data
from Recology, worked with Steve and Tom (see below). Throughout process identified efficiencies,
costs, operations. City lacks a resolution with clear direction just a system that evolved over time.
Recology made changes similar to other jurisdictions, rate increase. Conclusion, maintain system, raise
rates, long term City needs to make a decision on what they want to do for rates, garbage collection,
infrastructure. Use a planning process, councilors, city managers, and people from Recology and work
together, determine costs, subsidy, etc. Recommends short term rate increase, long-term city need to
decide how they will manage their garbage.
Mayor Stromberg, time Recology took over and rate increase services were added and expanded, did not
think Council was aware of them. Steve DiFabion, aware Recology need might be regarded at unilateral,
opened Recycle to 6 days a week instead of tape. Customer demand. Also added one day of free leaf
collection instead of two to keep leaves out of storm drain system. Mayor we need to be on same page,
aware of financial implications, Council needs to agree.
Russ how accurate is that statement we have a franchise agrmt, is Council supported monitor every
activity and change Recology does. Kanner franchise agreement silent on services to offer other than
collecting garbage. Study wants a new franchise agrrnt to give city more control over operations and
services. May want to look at establishing methodology tape to City and customers. Franchise agrmt is
three pages very old and worked fine over time until rate increase, a lot of issue not addressed in franchise
agreement.
Lohman franchise agreement lasts until 2018. Steve those were two substantive changes did not move the
needle much. Mayor what if we want to write new franchise agrmt, economically neutral. Steve we need
a new agreement, too silent grossly outmoded does not fit needs of community. Recology is open to
redoing Franchise Agreement.
Lemhouse this community is suspicious to rate hikes, sensitive, expensive town to live in. We can make
certainty on both sides.
Silbiger Dept provides, nothing other than clothes that can be dropped of that cannot be done curbsides.
Steve cardboard, green, ink cartridge recycle, fluorescent, plastic bag, Styrofoam, tape textile drop off.
Pet adoption. Reality core activities dropping off recycling, dropping off cardboard. Costs drive that and
having a full time attendant 6 days a week.
Greg recycling depot not as efficient as they wanted. Kanner we have no way of knowing if people using
are Ashland residents and businesses. Only 6% is going through depot. Carol uses drop off, free clothes
well used. Does not understand why it is not breaking even, staff person, cost of moving cardboard,
Steve, it is both.
City Council Study Session
October 15, 2012
Page 2 of 6
Dennis - does not have a revenue stream of any meaningful amount. Steve only revenue stream, if there
was a viable market for recycling, not the case currently. Steve conducted customer count, averages 286
customer per day using the recycle center. Economics does not look good it is very popular for a number
of people in town.
Carol take stuff to landfill, yes. Steve Transfer Station, no charge for recycling, but fluorescent tubes are
charged for, in Ashland three a day per customer free. Transfer station does electronic recycling, no
charges 7 items per day. At Ashland Recycling Center, they take cell phones only.
Chapman wanted to know who our customers are at Recycle center. Steve, customers paying for service
and utilizing it. If we police or monitor would require more than one staff person.
Silbiger, you do not have to have service in Ashland to have recycling at curb, Steve, you do not, no
mandatory service level in Ashland.
Recology needs new trucks and equipment. Recology would lease trucks or purchase and be fed into the
rate. Considered an allowable cost. Chris speaking.
Chris Bell to maintain status quo, 7-8% increase across board, then go through planning process, use
ordinance or administrative rules, AR give more weight to City Manager to do housekeeping. Ordinance
would have to go through Council. Chris did not calculate recycling center into costs, if he had, it would
be 23%. Ordinance does not speak to what is allowable or not. One benefit, Recology could utilize
trucks from other operations, and had a fleet of trucks to update and use in other operations. Newer
trucks are unreliable and expensive. Recology could rebuild fleet and update trucks that way. Another is
the age of the workforce, many older employees picking up garbage, workers compensation. Going to a
can system could be picked up by an automated truck, doing so would increase productivity reduce cost,
issues with dragging their cans out to street level, moving to cart based system, City will have to make
investment initially long term have stable rates, just increase based on fuel and labor agreements.
Dennis idea we buy trucks, in the rates, raise the rates, new trucks, create efficiencies, how do we recoup
where is payback to citizens in less of a rate increase. Chris currently rate increase $23 per customer a
month, new fleet will create some increase, over time increases will be relatively low. Costs are lower.
Mayor initial extra costs will stabilize future rates. Moving to cart based eliminates one driver, one truck.
It would increase productivity. Full carting, productivity has increased from 70% to 100%, Ashland will
be on low end but will receive increase in productivity especially in year two. Jurisdiction that do not use
full base cart, increases are substantial.
Mayor we have bear and blue cart. Kanner, truck comes by driver never gets out, arm comes out, hooks
cans and dumps. 75 - 80 picks if full cart base, tape for how much they pick up now. Kanner worker's
compensation is huge expense when people are lifting heavy loads.
Kanner went 6 years without rate increase when a town went full cart. Recology would like predictability
and City wants predictability in rates.
Lemhouse, lower personnel cost. Steve this is small number of customers, we could pull one truck and
driver off road, significant savings. Need to talk about semi-automated versus fully automated. Carting
the city and doing betterjob of using right vehicles would result in rate stability, to point of rate decrease,
tape for clarify. Rate methodology is critical, started with zero credibility, and came out acrimoniously.
City Council Study Session
October 15, 2012
Page 3 of 6
Chapman truck goes around for garbage and one for recycling, how is it solid water tape and comingling
$1.86, if you don't have to have waste pick up to get recycling, do you can you only sign up for recycling.
Chris recycling occurs twice a month. David costs of disposal, collection $11.62 how do you to figure
$1.86. Chris it is because pick up occurs twice a month. Cost of disposal is not there is rape.
$11.62, $1.86 collections costs. $4.50 is the cost of disposal.
Chris, productivity for recycling is higher than garbage. Recycling picks ups happen quicker, use carts.
Dana see cart can bag costs in report, decrease of 80 cents.
Chapman concerned. He does not want garbage, give me recycling, $1.86 and 15%, 10% franchise fee.
Chapman it cannot cost (page I 1 of report)
Kanner page 11, Chris part are picked up in carts, part are picked up in containers. Chris recycling is
broken out in two elements, cart recycling, commercial container, or dumpster under commercial, under
Dennis Chapman customers can choose, Chris that is what you do right now. Dennis post cure will you
still have menu approach, Chris it is up to Council. Maintain what you currently have, how do you want
to fund it? Residential cart recycling, providing examples. Chris what is minimum levels of services do
they want citizens to have.
Dennis, do we need 7-8 increase before doing franchise agent or do franchise agent. Chris shorter adjust
rates, long tern determine what services you want to provide. 7-8% means close the recycling center.
Chris it include drop box service.
Chris primary short term needs a rate adjustment long term Council needs to provide direction, establish a
planning process, lay out objectives, updating franchise agreement, ordinance, calculating levels of
service, how to provide service, cost of service or subsidy. Going thru planning process.
Kanner yellow bag and ticker service, cost is $8 per pick up and Recology charges $4.50, someone else is
subsidizing that. One out of eight residential customers is using that, huge subsidy. 12% Ashland use
yellow bag or stickers. Kanner suggests instead of yellow bag, provide small cart and set out, pay
minimal fee.
Mayor increase, moving to yellow bags, there were two things driving that, Steve economy is bad and
there is social conscious of the community. Jackson County recycling has improved 25% in one year.
People are finding more way to keep things out of landfill, less trash. Many people do it because it is
right thing to do other pure necessity. Communities that do full on cart, people have seen participation
rates decrease. 85% participating somewhere in rates, backed out and made a specific rate it dropped
significantly. Not aware of any communities in Oregon that purposely charges for recycling, no,
recycling is buried in the rates. Steve you could charge for recycling, you can charge, Chris cannot be
higher than garbage collection.
Kanner need direction form issues in CC. Dennis has major cost item. Dennis wants to understand as we
move forward Ashland responsive partner, great community partner, wants to know about corporate
overhead, page 8. Chris compared three large public traded collection companies that operate in Oregon,
here is what they charge local and corporate. Two will charge a percentage and tape to as much as 18%.
Those are two corporate one, larger customer base. Smaller regional one, compared companies with
similar size of revenue. Dennis, mgt, admin, corporate overhead tape... Chris corporate overhead is
increasing, not as much as local is decreasing. When they streamline operations, not handled locally but
at corporate level. Can eliminate employee at local level, bringing it to corporation. Increase in corporate
decreases local overheard.
Mayor we do not have a methodology producing rate changes going through, no methodology projecting
what happens with corporate overheard. Chris you can look at figures tape, no increase, tape, inflation, he
City Council Study Session
October 15, 2012
Page 4 of 6
has not seen inflation, saw costs decrease, due to adding customers, better processes. Admin costs,
decrease costs over time by bringing it in.
Chapman why is corporate overhead not distributed over services and retained only in garbage? Chris
initially that is how it is done. Kanner if we had only recycle rates, we would have to allocate.
Carol wants a team to come together. Team, will discuss cutting recycle center. Tom Norris, keep
recycle center open if we get 8% instead of 7%. Kanner long-term still need to examine it. Steve we got
8% it would be prudent to operate center until the public session.
Tape. Chapman how can you consider closing recycle. Silbiger, anyone can recycle curbside. Chapman,
if you close the recycling center, need, ok.
8%. David you will leave it the way it is.
Councilor Chapman left the meeting at 6:37 p.m.
Kanner will bring resolution regarding rate increase, put together team neg team, services, automating
system, doing away with yellow or recycling only rate.
Ed Farewell Recology Next to me
Tom Norris Regional Financial Manager
Steve DiFabion Recology
Chris Bell from Bell & Associates
Steve rate increase implied agreement, interim rate increase, another increase effective January 1, that is
their planning target.
3. Review of proposed revisions to AMC Chapter 3.08, General Personnel Policies and Employee
Responsibilities
City Administrator Dave Kanner and Human Resource Director Tina Gray. Kanner addressed the current
management resolution folding in major provisions and folding it into policies, found other things that
should be addressed. Rewrite code of ethics to make it more consistent with State ethics laws. Elected,
appointed officials, employees, one set of rules. Sent draft to dept heads, bargaining units and
unfortunately, input after deadline, added changes.
Kanner first thing took definition of terns in the management resolution, deleted the definition of
manager and manager, additional definitions seasonal, part time, on-call (Kanner hand out. Parks would
treat it as if it does.
A5, changed good working conditions to good, safe working conditions, Kanner added in event of B
Scope and Coverage, underlined.
Management employee or manager item 6 top of page two, 2 of 30 taking it out, sent, maybe we do need
a definition of management employee, city administrator dept head., later do refer to mgmt and
confidential employees. Lohman speaking.
Code of Ethics section 3.08.02 retained from current code, added sentence all provision of ORS 2 tape
incorporated by reference, violation of State ethics law consider violation of. this code. Highlighted State
Ethics law in code that employees should know and elected official.
Disclose page 4 of 30 languages from current code move, same as transaction from cities.
City Council Study Session
October 15, 2012
Page 5 of 6
Section 3, 4, 5, 1 6, 7 regarding gifts. Currently cannot receive gifts, stricter than State Law, wants to
loosen it up. Rewrote to mirror state law, accept gifts in calendar year up to $50 tape. Can accept
unlimited gifts from someone without administrative tape. Anyone who does business in Ashland has
legislative interest for elected officials for employees different. If a city employee receives a gift under
$50 required to share it with other employees. In excess of $50 is returned to person who gave it to them
or donated to charitable agency. Coffee mugs, t-shirts, purse yours to keep.
Disclosure of confidential information, when you get confidential info, you keep it confidential, cannot
really apply to an elected official. Mayor, is elected official violates, do they take on personal liability.
Yes, Lohman.
Lohman goes back to gifts intended to influence business it occurred to him that line is vague, it is
possible to relate that to next sentence about $50 limit to make it clear as gifts of more than $50, make it
clear.
Kanner involvement in political activities implies to employee, mimics state law, and represents the Hatch
Act, make it clear you do not give up first amendment rights as a city employee but you have to be aware
of law at work.
Provision in code right now doubt to applicability of state ethics law, employee can seek opinion of city
attorney, elected official can consult with Mayor. Kanner added important sentence opinion of City or
Mayor is not affirmative defense before State Ethics Committee. Lohman. Mayor can't know ethic
enough to advise. Dennis sees it differently, Mayor would send them automatically to City Attorney
because he would not want to make a mistake. Lohman that is a judgment call. Morris,
Lohman new point notion Council could come to City Attorney ask for opinion and that be confidential.
Currently Lohman has ethical obligation.
New that Lohman can retain confidential.
Kanner 10 of 30 nepotism language, state law. New language on personal appearance was moved, new
language 12 of 30 was taken from mgmt resolution. Kanner requiring them to strongly encouraging them
to life, certain positions living close enough to respond. Lemhouse should be able to say yes or no.
Silbiger agrees with language, bothers him live with urban growth boundary, thought we should have dept
heads and city admin should live within City, still think they should want to live here, pay same taxes,
cant require it is good language we should encourage.
Kanner other change 13 of 30 selling and pedaling, of employees removed and replaced with language on
handout to comply with ORS 2.44.
18 of 30 get into new language deals with discipline and discharge, subsection A 1,2,3, taken from current
language then added new language discharge and grievance procedures.
Language 3.08.120 hours mix of current and new language, guidelines for running late and calling in sick.
Rest and meal periods, some is current, 22 of 30, Section B3, comply with recent state law that was not
previously included in code, protective leave for employees involved in criminal victims, and victims of
domestic violence. Language promotions, demotions, and reassignments were added.
Page 24 vacation and sick leave is taken from management resolution through J, sick leave. Add new
language K forward. Key things, add language that allows us to discipline employee for making
inappropriate use of sick leave. Tools for dealing with them, requiring doctors note.
27 termination of employment, exit interviews, require them.
City Council Study Session
October 15, 2012
Page 6 of 6
Meeting adjourned at 7:10 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page I of 8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 16, 2012
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Public Arts Commission, Firewise Commission, Transportation
Commission, Tree Commission, and the Audit Committee.
City Administrator Dave Kanner shared that the City of Ashland was one of twelve cities in the United States to
receive The Voice of the People Award for Excellence. The International City Managers Association presented
the award to cities that finished in the top three for service excellence ratings based on the citizen surveys
conducted in 2011.
Council discussed taking public input regarding the proposed merger of Ashland Community Hospital with
Dignity Health. Council adhered to the agenda that stated no public testimony would occur regarding the item
during the meeting.
APPROVAL OF MINUTES
The minutes of the Executive Session of October 2, 2012 and Business Meeting of October 2, 2012 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Presentation by Ashland Community Hospital Board on proposed merger with Dignity Health.
Councilor Silbiger declared a potential conflict of interest due to an investment he had in a company currently
involved in a beta test with Ashland Community Hospital (ACH).
City Administrator Dave Kanner gave background on the proposed merger of ACH with Dignity Health. Once
the affiliation and lease agreements were complete, they would become public documents and require action by
Council. There was a likelihood the documents would not be ready in time for public review for the November
6, 2012 Council meeting. If that was the case, he recommended postponing deliberation until the November 20,
2012 meeting.
Mayor Stromberg explained the merger had generated controversy because of Dignity Health's association with
the Catholic Church and their Common Statement of Values as it pertained to abortions and aide in dying
prescriptions. Councilor Voisin added the concern regarding the merger extended to local control of the hospital
and protectingjobs as well.
ACH Board Chair Doug Gentry, introduced Board member Dr. Doug Diehl, Vice Chair Anne Golden, and
Medical Staff President Dr. Miriam Soriano. The presentation would include the conditions that led to an
affiliation agreement, the general healthcare market, the process used to choose a partner, working for Dignity
Health, and public concerns regarding Dignity Health.
• Mission of the Hospital
• Financial Information -Net Patient Revenue vs. Total Expense
Showed the money received through net patient revenue and Medicare was less than total expenses that would
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page 2 of 8
continue to rise. In Fiscal Year 2011, ACH lost approximately $500,000 and $3,300,000 June 2012.
• Capital Purchases
Capital expenses were critical to the organization. The care provided was complicated and relied on technology.
Both facilities and information technology needed updating. ACH spent approximately $1,000,000-$1,500,000
yearly on routine capital expenses to ensure the hospital remained up to date with systems to support physicians
and patients.
• Cash and Investments
Operating losses and the need to continually make capital expenditures put stress on the hospital's cash position.
Reserves fell in recent years to just under $3,000,000. During September 2012, ACH lost slightly under
$500,000 in operating losses. Of that amount, $200,000 was depreciation. The declining financial condition
was one of the reasons the ACH Board considered finding a partner.
Dr. Diehl talked about why the affiliation was necessary. Medicare had gone from 40% to 52%-53%
contributing to a $9,000,000 loss in the last fiscal year. Medicaid went from 5% to 9% leading to a $400,000
loss. The hospital also experienced a greater increase in community care, charity care services, and bad debt at
approximately $1,300,000 each.
The government was pushing outpatient services to drive down the level of reimbursement. The government
also had regulatory requirements for information technology and a system call Meaningful Use that cost
millions of dollars to achieve and maintain. ACH was a small independent hospital and unable to take
advantage of economies of scale. However, larger healthcare systems could negotiate significant reductions
based on volume and economies of scale with supply vendors, payers, and insurance constituencies.
Prior to discussing affiliations, the Board researched available options that included remaining a stand-alone
hospital, curtailing services, transitioning to an outpatient services or an urgent care facility, and working with
the City regarding debt relief. An affiliation with a larger hospital would allow ACH to expand resources and
expertise. In August 2011, the Board set up a series of meetings with the City. The Council appointed
Councilor Silbiger as a liaison to the ACH Board and the board began to develop an affiliation process. The
board sent a confidential memo outlining expectations of the affiliation, principles of operation, ACH's mission
statement, and financial information to 24 healthcare facilities. ACH received five responses with four
submitting proposals. The Board reviewed each response carefully and entered into exclusive negotiations with
Dignity Health.
• Criteria for a Strategic Alliance
o Maintenance of a broad range of inpatient and outpatient services at the current ACH
location
o Long-tern financial commitment to services at ACH
o Support employment levels at ACH consistent with services provided
o Support and maintenance of ACH's core values of patient-centered care
o Support the local community of primary care, specialty, and employed physicians
o Maintenance of ACH identity, including maintenance of the local foundation model
with a commitment to local fundraising
o Maintenance of ACH identity, including maintenance of the local foundation model
with a commitment to local fundraising
o Maintenance of a local board of directors
o Maintenance of an independent medical staff with credentialing authority
o Complete and maintain Planetree designation
Council wanted to ensure the affiliation agreement clearly stated the criteria. Dr. Diehl further explained
credentialing authority and ACH's goal to retain its own credentialing privileging. The Board went through due
diligence, negotiated points, developed the tern sheet and memorandum of understanding recently approved by
both organizations. At this time, the planning merger needed to go through the Council approval process.
• Why Dignity
o Meets Selection Criteria
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page 3 of 8
o Commitment to Social Justice & Social Change
o Environmental Conservation Program
o Community Benefit Program
o Community Grants Program
o Community Investment Program
o Shareholder Advocacy
Vice Chair Golden explained Dignity Healthcare not only met the criteria, they had the resources and
willingness to make financial investment in ACH for debt reduction, capital improvements and future growth.
Dignity Health possessed a commitment to patient centered care, the Planetree model, a willingness to support a
broad range of services, and wanted to support, maintain, and grow a local independent medical staff and
employee base. ACH employed 404 full and part time employees. Dignity Health would maintain staff at the
current level, retain competitive wages, and provide a generous benefit package.
Dignity Health was socially responsible with a variety of ecology programs that focused on environmental
conservation. They surveyed the cities they served to determine the best hospital services to meet community
needs. Dignity Health also provided extensive community grants and community investment programs.
Vice Chair Golden clarified Catholic Healthcare West no longer existed. Dignity Health had changed their
governing structure and was no longer a ministry or connected to the Catholic Church. Some hospitals within
Dignity Health were Catholic and some secular. Chair Gentry further explained a board that had no connection
with the Catholic Church governed Dignity Health. The twenty-five Catholic hospitals with Dignity Healthcare
followed the ethical and religious directives of the Catholic Church. The remaining secular hospitals were
contractually bound to a Statement of Common Values that originated from the traditions and values of Catholic
Healthcare West and would not change in the future.
With the merger, ACH would retain its name, staff, salary, and benefit levels. Community and employed
physicians would keep their admitting privileges, credentials, and the medical staff governance would remain
the same. Dignity Health would assume ACH's $15,000,000 pension liabilities and the $10,000,000 loan on the
surgical and diagnostic center. An affiliation with Dignity Health would provide ACH significant reductions in
costs for supplies and capital for facilities and other needs. Dignity Health would deploy organizational
resources to assist back office functions and create a community board devoted to ACH to ensure patient safety,
fiduciary responsibility, and compliance. The board would participate in developing operating budgets,
strategic and capital growth service plans and consist of nominated local citizens approved by the Dignity
Corporate Board.
Dr. Diehl addressed public misconception regarding women's reproductive rights and death with dignity. Facts
regarding women's reproductive rights included ACH had not performed any elective abortions in over 7 years
and no abortions in the past five years. The two procedures performed were to preserve, the health and well-
being of the mother, procedures not prohibited by a Dignity Health affiliation or under the Statement of
Common Values. Elective abortions were no longer hospital procedures and occurred in outpatient clinics and
physician offices. ACH currently did not have any physicians who performed elective terminations of
pregnancy. There were no stipulations prohibiting employed physicians from having any conversation
regarding women's reproductive rights. Nor were there prohibitions of any kind regarding contraception or
elective sterilization done in the hospital. Additionally, contraception was not an issue with the hospital.
Employed physicians could provide elective abortion services on their own time. The Statement of Common
Values prohibited in vitro fertilization. This was a procedure beyond ACH's scope of services and subsequently
never performed at ACH.
Regarding the death with dignity legislation, this was a function the hospital had not performed in the past nor
would in the future. This was a procedure between a patient and their physician. The Statement of Common
Values prohibited an employed physician from writing the prescriptions, but strongly encouraged end of life
discussions with patients. There were no requirement to provide life sustaining treatment against a patient's or
their family's wishes. Employed and non-employed physicians could have discussions with patient's regarding
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page 4 of 8
aid in dying, fill out the necessary paperwork, required declarations, and refer the patient to a physician who
could write the prescriptions. Additionally, an employed physician could provide aid in dying for patients and
write the prescriptions needed on their own time. Oregon was the only state in the union that allowed death with
dignity procedures. Dignity Health would not impede ACH's ability to direct patients to the appropriate
physicians for pregnancy termination or aid in dying services. The affiliation agreement with Dignity Health
codified these views in non-ambiguous terms.
Dr. Soriano spoke on behalf of ACH physicians and explained how important the hospital was to them and the
excellent care provided.
• How Our Community is Served
0 1,514 admissions
0 362 deliveries
0 3,168 surgeries
0 8,171 ED patients
0 58,281 outpatients
0 7,603 home health visits
0 7,343 days of hospice care
0 750 elementary and middle school children through school nurse programs
0 18,500 IM & FP Clinic visits
The physicians were involved with the merger process, provided input, and understood the need to affiliate. Dr.
Soriano spoke to doctors possibly affected by the Statement of Common Values. They supported the affiliation
knowing they could continue their work unhindered. The physicians reached out to doctors and nurses that
worked for Dignity Health hospitals and received positive responses. The medical staff thought Dignity Health
was a financially sound organization with a wide array of services and facilities. The affiliation would provide
information technology assistance, interface with hospital and offices for lab work, better monitoring in
obstetrics and allow ACH to retain its unique birth center. Dignity Health supported ongoing education for
physicians and nurses and advancement of staff. Patients would experience an expansion of services, continued
charity care programs, and emergency care.
Vice Chair Golden explained the ACH Foundation unanimously voted to support the affiliation and were still in
discussions on retaining assets. The ACH Foundation had a net value in assets slightly under $5,000,000 that
included mortgages. They would also remain a separate 5016 entity with a local board to support the hospital
and connect with the community. The ACH Foundation and Dignity Health were working on a separate
agreement.
Without the merger, ACH had roughly $2,000,00043,000,000 in cash. If the rate of loss continued, ACH had 4-
6 months of operating cash possibly longer if they cut services.
The agreement treated reproductive rights and death with dignity as contractual obligations. Bill Nash, attorney
for ACH explained the contract was enforceable by law. The City would be a part of that agreement and have
enforceable rights, as would ACH and Dignity Health. The City would also hold the lease agreement with
Dignity Health. Mr. Kanner added language in the lease agreement specifically stated the failure of Dignity
Health to honor the promise made in the terms sheet would be a breach of the lease agreement. Mr. Nash
further explained physicians might have separate agreements with Dignity Health or abide by the same policies
Dignity Health had with their physicians. The agreement codified reproductive rights and death with dignity
and was enforceable. Assistant City Attorney Doug McGeary clarified the enforcement aspect in the agreement
that would allow the City to remedy whatever went wrong. There was a variety of remedies and it was not
necessary to put them in the contract.
Chair Gentry explained Dignity Health did a detailed Performa and budget operating plan to determine whether
they could make ACH financially. viable. ACH would experience immediate savings on supplies, economies of
scale, and the capital infusion to grow the hospital without tapping into a dwindling cash flow. There would
most likely be initial losses but it would quickly turn into a positive cash flow. Dignity Health would not enter
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page 5 of 8
into an agreement as a subsidy.
ACH used temporary services and savings would not come from staff reduction. The affiliation agreement
included staff retention, and competitive wage scales. ACH could not afford to lose their staff.
Chair Gentry clarified the community board would have fiduciary and advisory responsibilities. Dignity Health
would delegate patient safety, quality, staff relationships, medical staff by-laws, and their credentialing
decisions to the local community board and have the board participate in developing operating, budget, and
strategic plans. The Dignity Health Board and their corporate leadership had ultimate control and the local
community board would have less control than what the current ACH Board experienced. Mr. Kanner added
Dignity Health was amenable in allowing the Council to have a Councilor as an ex-officio member on the local
community board.
Dignity Health acquired St. Mary's Hospital in Reno, Nevada. Due to the economy, the hospital was not
financially sustainable and Dignity Health sold the hospital. The City owned the land, buildings, and fixed
equipment and Dignity Health would need the City's permission in order to sell. If ACH failed, Dignity Health
would go to the City to renegotiate the lease.
Mr. Kanner explained the existing lease had 14 years remaining and Dignity Health was committing to certain
commitments for the first five years. Additionally, the significant capital investments they wanted to make
would take longer than five years to see a return of investment.
Chair Gentry added that St. Mary's was located in a distressed area of Reno and when it became apparent they
were unable to make it financially solvent, the options were sell or shut it down. It took two years to find a non-
secular buyer.
Mr. Kanner clarified Dignity Health could not transfer the lease without City approval. There was nothing in
the lease agreement that would prohibit Dignity Health from selling an interest in Dignity Health as a
corporation who would then become the lessee.
Dr. Soriano confirmed staff physicians could prescribe any type of contraception including the morning after
pill. Dr. Diehl explained the ACH Foundation funded the Emergency Department renovation and contributed to
funding remaining projects along with community donations.
Council would forward further questions to Mr. Kanner. City Attorney Dave Lohman would advise Council if
they could recommend changes to the lease agreement during deliberations.
Councilor Voisin requested adding the citizen's resolutions to the next agenda. Mr. Kanner responded they
could include that item as long as it met the noon deadline the Wednesday prior to the meeting and required less
than two hours of staff time.
CONSENT AGENDA
1. Approval of Commission, Committee, and Board Minutes
2. A resolution relating to procedures for the appointment of persons to various city boards,
commissions, and committees and repealing Resolution #1989-29
3. Approval of a direct commission to Sue Springer to create and install public art on the Plaza as part
of the Plaza Improvement Project
Councilor Silbiger pulled Consent Agenda item #2 for discussion.
Councilor Slattery/Morris m/s to approve Consent Agenda items 41 and 43. Voice Vote: all AYES.
.Councilor Silbiger explained Section 7 of the proposed resolution was not consistent with AMC 2.11.015
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page 6 of 8
regarding Audit Committee appointments.
Councilor Silbiger/Chapman m/s to approve Resolution #2012-30 as amended to reflect Section 7 and
AMC 2.11.015. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS - None
PUBLIC FORUM - None
UNFINISHED BUSINESS-None
NEW AND MISCELLANEOUS BUSINESS
1. Adjustments necessary for the biennial budget process for Fiscal Years 2013-2014 and 2014 - 2015
and resolution appointing the budget officer
Administrative Services/Finance Director Lee Tuneberg explained the move to a biennial budget required
Council to adjust the terms for Budget Committee members.
Councilor Silbiger/Morris m/s to approve the new term expiration dates for Budget Committee positions
#1 through #7 as submitted in this document, confirming the State required 4-year term
rolling expiration process. Voice Vote: all AYES. Motion passed.
Councilor Voisin/Silbiger m/s to approve Resolution #2012-31. Voice Vote: all AYES. Motion passed.
2. Council consideration of a grant application for a resource center for the homeless in Ashland
City Administrator Dave Kanner explained Council needed to determine a process for reviewing and approving
applications. Some suggestions for the applications included adding non-discrimination language, and
specifying that the City would only pay lease costs for two years. The grant recipient would cover all remaining
costs and provide a plan on sustaining the operation beyond the initial two years. The grant recipient would also
comply with the living wage code.
Any expenses incurred during the current fiscal year for the resource center would come out of the General Fund
Contingency. The intention was allocating $100,000 of the City's Reserve Fund and treating the start-up and
lease costs as a one-time capital expenditure. All funding decisions would go through the Budget process.
Councilor Lemhouse/Slattery m/s to direct staff to advertise the approved grant application for the
provision of a homeless resource center in Ashland. DISCUSSION: Councilor Lemhouse clarified his
intention was not to have the resource center strictly for homeless people but a resource center for everyone in
need. Councilor Lemhouse withdrew the motion with Councilor Slattery's consent.
Councilor Lemhouse/Slattery m/s to direct staff to advertise the grant application for the provision of a
resource center in Ashland. DISCUSSION: Councilor Lemhouse thought it was important the community
was able to provide the resources available for homeless people and those at the risk of being homeless in a
quick and coordinated manner. The center should also include laundry and shower services and a limited food
pantry since the Food Bank was close. Councilor Slattery agreed with Councilor Lemhouse and added a central
resource center would not only help services currently happening but also generate more solutions to implement
in the community.
Councilor Chapman supported helping the homeless and people at risk of being homeless. He was concerned the
center would experience the same negative behavior from individuals that eventually caused the previous
centers to close. He would not support an environment where people seeking assistance did not feel comfortable
accessing the resource center.
Council Silbiger referred to his experience as a Community Works board member and how The Grove Program
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page 7 of 8
focused more on the at risk portion of the community than homeless issues. He supported having a center but
finding one proposal that encompassed the list of services Council wanted would be difficult to attain.
Councilor Morris supported the motion but agreed with Councilor Silbiger. He was disappointed the center
would only be open 20 hours a week and wanted to know the guarantees of keeping the center open after the
initial two years. Mr. Kanner explained the application stated twice the successful applicant would determine
how to sustain the center for more than two years and was part of the selection criteria. No one could provide an
absolute guarantee but Council would look at organizational stability, fund raising capacity, and Performa to
make an appropriate choice. Councilor Slattery clarified the center would be open no less than 20 hours per
week.
Councilor Voisin noted the DHS (Department of Human Services) office was open 40 hours a week and
provided service for people at risk of being homeless. Having that service at the resource center was repetitive.
Additionally, she wanted the RFP (request for proposal) require applicants discern and determine the needs of
the community, and illustrate how they would meet those needs. Roll Call Vote: Councilor Voisin, Silbiger,
Slattery, Lemhouse, and Morris, YES; Councilor Chapman, NO. Motion passed 5-1.
Councilor Voisin/Slattery m/s that the RFP (request for proposal) include a request that the applicant
define the needs of the community and how they would meet those needs.
DISCUSSION: Councilor Slattery made a friendly amendment to remove "clearly" from "clearly define" in the
motion with Councilor Voisin's consent. Councilor Morris would not support the request in an RFP and
thought it was odd the City would ask the applicant to define community needs. In addition, the request should
be separate. Councilor Slattery thought a request for services was different from an RFP and saw no harm in
asking the question. Mr. Kanner added the proposal did not include a problem statement and was not one of the
four evaluation criteria. Councilor Slattery thought it was a qualitative request. Councilor Silbiger commented
it was reasonable to ask applicants to justify what services they would provide. Council could use their answers
in the evaluation. Roll Call Vote: Councilor Voisin, Silbiger, Slattery and Lemhouse; YES; Councilor
Chapman and Morris, NO. Motion passed 4-2.
Councilor Lemhouse/Slattery m/s that in the Request for Grant Funding Proposals the line stating
"referral to other services," change to "referral to other services including but not limited to veteran
services, senior services and educational services." DISCUSSION: Councilor Lemhouse explained the
motion would help the applicant justify what services they would not support. Councilor Slattery made a
friendly amendment to add "including but not limited to..." with Councilor Lemhouse's consent. Councilor
Chapman noted the people working in veteran services informed him no one from the City had contacted them
regarding these efforts.
Councilor Voisin explained a volunteer told her White City had considerable services for veterans and it was his
job to inform veterans of those services. She thought having the City provide services for veterans was
repetitive. Councilor Lemhouse clarified the resource center would provide people with contact information.
Councilor Slattery further clarified this was referral to other social services, not a duplication of efforts. Roll
Call Vote: Councilor Voisin, Chapman, Silbiger, Slattery, Lemhouse, and Morris, YES. Motion passed.
Councilor Voisin motioned to add to the RFP that the applicant address the issue of separating teens from adults
and women from men within the operation of the day use center. Motion died for lack of a second.
Councilor Slattery/Silbiger m/s that the request for services address a safety plan for the individuals using
the resource center. DISCUSSION: Councilor Slattery explained St. Vincent de Paul did not separate people
but enforced a safety protocol. Councilor Silbiger thought the motion contained the specificity needed.
Councilor Voisin thought the motion needed to be more specific regarding teens and adults. Roll Call Vote:
Councilor Chapman, Silbiger, Slattery, Lemhouse, and Morris, YES; Councilor Voisin, NO. Motion
passed 5-1.
ASHLAND CITY COUNCIL MEETING
October 16, 2012
Page 8 of 8
ORDINANCES, RESOLUTIONS AND CONTRACTS
1 First reading of an ordinance titled, "An ordinance amending Ashland Municipal Code, Chapter
10.110 Fair Housing"
Housing Specialist Linda Reid explained the proposed ordinance would clarify protections for people with
disabilities including reasonable accommodation regulations. It would also bring the City's code into
compliance with the protections and definitions contained in state and federal fair housing law and clarify the
City's role with regard to fair housing compliance.
The Housing Commission removed local level compliance because the City lacked the staff and expertise for
fair housing compliance. The previous ordinance had the City conducting the investigation, mediating between
the parties, and if in the event it was not resolved, bringing the matter to the Municipal Court where it fell to the
City to provide the evidence to prosecute. Staff did not have the capacity to put together the package for
Municipal Court. The Bureau of Labor and Industries (BOLI), the Department of Housing and Urban
Development (HUD), and the Fair Housing Council had more experience and specialized in fair housing issues.
If a case was ambiguous, staff could forward it to BOLL, HUD, or the Fair Housing Council of Oregon. BOLI
would then prosecute through the state and federal government with HUD. Additionally, a Fair Housing
Compliance person would be in the region within the next six months.
College students were not included as a protective class because SOU (Southern Oregon University) Student
Senate had not yet approved a representative to be part of the Housing Commission.
City Recorder Barbara Christensen noted the following corrections to the ordinance: Section 10.110.040
Exceptions (C) indicated AMC 10.011.020 when it should be 10.011.030 for Sections (C), (D), and (E).
Councilor Voisin/Slattery m/s to approve First Reading of the Ordinance and place on the agenda for
Second Reading as amended. Roll Call Vote: Councilor Silbiger, Voisin, Slattery, Lemhouse and Morris,
YES; Councilor Chapman, NO. Motion passed 5-1.
2. First reading of an ordinance titled, "An ordinance amending Chapter 2.13 of the Ashland Municipal
Code, reducing the number of established members on the Transportation Commission "
Councilor Lemhouse/Morris m/s to approve First Reading of the Ordinance and place on the agenda for
Second Reading. DISCUSSION: Councilor Chapman explained Colin Swales was concerned the Commission
would lose diversity by reducing member numbers. Roll Call Vote: Councilor Lemhouse, Morris, Chapman,
Silbiger, Voisin, and Slattery, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS -None
ADJOURNMENT
Meeting adjourned at 10:28 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
PROCLAMATION
• Music engages hearts, hands and minds and bridges the past and present. Music
participation teaches people to listen and collaborate, and develops motivation,
discipline and self-confidence.
• Founded in 1988 by music educators and professional musicians, the Youth
Symphony of Southern Oregon (YSSO) organization celebrates its Silver Jubilee -
25`" Anniversary Concert Season in 2012-2013.
• The YSSO organization's mission is to provide exceptional performance
experiences under the leadership of professional conductors and music coaches, and
to foster a lifelong appreciation of classical music and the arts.
• The YSSO organization orchestras include accomplished public, private, home
school and college musicians from Ashland, Medford, Grants Pass, Jacksonville,
° Eagle Point, Central Point, Phoenix, Talent, Klamath Falls and the surrounding
region.
• The YSSO organization increases access to affordable cultural enrichment and
augments programs in schools. YSSO musicians provide evidence of classical
music's intrinsic and instrumental value and the concerts offer the gift of classical
music to people of all ages.
• The YSSO has become an important component of the Rogue Valley's vibrant
cultural arts environment.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, do
hereby designate November 5-11, 2012, as
Youth Symphony of Southern Oregon Week
in Ashland and encourage all citizens to honor the accomplished musicians of the Youth
Symphony of Southern Oregon by celebrating the organization's Silver Jubilee-25`" C
Anniversary 2012-2013 Concert Season and by attending the outstanding Silver Jubilee
performances.
Dated this 6th day of November, 2012
Q John Stromberg, Mayor
Barbara Christensen, City Recorder
} cS~r,Ae9Qe ,Ae9 QdA~9 e ~ b9 lSd2,e9 ° Rd tSd eD a ~d a9 `
MINUTES FOR A MEETING OF THE
ASHLAND FIREWISE COMMISSION
Wednesday, September 191h, 2012
12:OOPM to 1:00PM
Training Room, Ashland Fire Station #1
455 Siskiyou Blvd
1. CALL TO ORDER
II. INTRODUCTIONS
A. Introduce guests from state and regional Firewise delegation Brian Ballou with Dept of
Forestry in Medford, Kathy Kane, Pete Norvell, Firewise state liaison Kris Babbs, Ron
Parker, Gary Marshall: Firewise NW Regional Advisor from NFPA, Bob Schumacher
Firewise Coordinator from Grants Pass, Jenny Hall from Shady Cove Firewise, Matt
Warshawsky, Mike Morris, Ali True, Chris Chambers.
III. APPROVAL OF MINUTES: May 16"i, 2012 and June 20°', 2012 meetings. Approved.
IV. PUBLIC FORUM
V. ADJUSTMENTS TO THE AGENDA: Recognize new Commissioner: Matt Warshawsky.
VI. BUSINESS
A. Appointment of Ron Parker as Commission Chair for remainder of 2012
B. Election of Commission Vice-Chair for remainder of 2012 Kathy Kane, Nominates Pete
Norvell 2nd Matt Warshawsky. Motion was approved to elect Pete Norvell.
C. Share Commission roles and events with visiting Firewise delegation
D. Share Firewise Commission contributions to Firewise Week:
a. Ron Parker: Firewise Clean-Up Day & partnership w/ Recology/Ashland Sanitary
b. Kathleen Kane: Firewise in the 4'h Grade Poster Contest
c. Ron Bolstad: Firewise display at library, absent, update provided by Ali True
d. Ali True: Firewise 5K Race event & partnership with SOU student.
E. Future Plans: Fire Adapted Community discussions, Firewise Community event for residents
of recognized communities, and Commission goal setting. Utilizing social media, ideas on
how to push that information out.
VII. COMMISSIONER COMMENTS
Next meeting, bring your ideas; we will be planning for next year. How do we develop a larger
Firewise community in the City, networking between communities? Take a look at the
rvfpc.com "Fire Resistant Shrubs and Trees for Privacy in Southern Oregon". New
publication, Ali has some available.
VIII. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING
A. Next meetings October 17`h , 2012 and December 19'h, 2012 (No November meeting due to
holiday)
IX. ADJOURN: 1:00 PM
In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate
in this meeting, please contact the Public Works Office at 488-5587 (7TYphone number 1 800 735
2900). Notification 48 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).
JOINT ASHLAND PLANNING COMMISSION and
ASHLAND TRANSPORTATION COMMISSION MEETING
MINUTES
September 6, 2012
This was the final joint meeting of the Transportation & Planning Commissions.
Minute's were reviewed by commisstoners;'but were not formally appr",oved.
CALL TO ORDER
Chair David Young called the meeting to order at 6:10 p.m. in the Civic Center Council Chambers, 1175 East Main
Street.
Transportation Commissioners Present: Tom Burnham, Mike Gardiner, Pam Hammond, Shawn Kampmann,
Corinne Vieville and David Young
Planning Commissioners Present: Michael Dawkins, Eric Heesacker, Richard Kaplan, Pam Marsh and Debbie
Miller
Staff Present: Mike Faught and Jodi Vizzini
Council Liaison Present: David Chapman
Transportation Commissioners Absent: All present
Planning Commissioners Absent: Troy J. Brown, Jr. and Melanie Mindlin
INTRODUCTORY REMARKS AND ADOPTION OF PREVIOUS MEETING MINUTES
Commissioner Young explained the meeting would be a presentation of the draft Transportation System Plan (TSP)
and a celebration of a long process. He introduced Susie Wright, Kittelson & Associates, Inc., who was in
attendance to present the draft TSP document.
Commissioners unanimously approved the August 16, 2012 minutes.
[Pam Marsh and Pam Hammond were not yet present.]
PUBLIC FORUM
No one came forward to speak.
PRESENTATION
Ms. Wright explained the next steps involved in the TSP process. She gave a presentation highlighting notable
items. She stated the intent of the draft TSP was to be fully reflective of the decisions made over the past years of
many meetings. She asked Commissioners to submit any discrepancies they find when reviewing the document by
Friday, September 14, 2012.
Commissioner Questions/Comments
Commissioners discussed the following:
• Shared road, bike boulevard and sharrows
• Alternate Mobility Standards
• Access Spacing Standards
• Access Management Policy
• At-grade Ped/Bike Rail Crossing at 4th Street
• (01) TravelSmart Educational Program
Policy (1-26) Eagle Mill Road
Commissions discussed the Eagle Mill alternative route and suggested that language to the previous motion include
extending the alternate route through E. Nevada St., crossing Bear Creek.
Burnham/Gardiner m/s to include the section of E. Nevada St. east of Oak St., crossing Bear Creek to N.
Mountain Ave. and E. Main St. in the alternate route. DISCUSSION: Commissioner Burnham felt designating
Joint TGPC
September 6, 2012
Page I of 2
this route would give the City a better chance of funding the E. Nevada St. project by encouraging the County to
make improvements to Eagle Mill Road. Commissioner Gardiner stated the concept was for those traveling to the
southeast part of town to have an alternative route. Concern was voiced that the route would divert truck traffic into
neighborhoods. Commissioners added the route is intended to avoid traffic downtown; delivery trucks typically need
to access downtown so most likely will not use this route. It was determined this route would not be a designated
freight route; it is intended to be an alternate route to bypass downtown.
Commissioner Young asked for a show of hands in favor of the motion. Commissioners Burnham, Dawkins,
Gardiner, Hammond, Heesacker, Kaplan, Marsh, Vieville, YES. Commissioners Kampmann, Miller and
Young, NO. Motion passed 8 - 3.
Final Comments
Commissioner Young and Mike Faught expressed appreciation to the Commissions, staff and Ms. Wright for their
contributions and cooperative efforts during the lengthy process. Commissioners acknowledged this concluded their
role in the joint Transportation and Planning Commission meetings.
Mr. Faught requested the Commissioners presence at the Town Hall Meeting, October 24, 2012.
ADJOURNMENT
Meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Jodi Vizzini, Public Works Assistant
Joint'rC/PC
September 6, 2012
Page 2 of 2
ASHLAND TRANSPORTATION COMMISSION
MINUTES
September 27, 2012
CALL TO ORDER
Chair David Young called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers, 1175 East Main
Street.
Commissioners Present: Mike Gardiner, Pam Hammond, Shawn Kampmann, Corinne Vieville and David Young
Absent Members: Tom Burnham
Staff Present: Mike Faught and Jodi Vizzini
APPROVAL OF MINUTES
Commissioners Gardiner/Hammond m/s to approve the August 23, 2012 minutes. Voice vote: all AYES.
Motion passed 5 - 0.
PUBLIC FORUM
No one came forward to speak.
ACTION ITEMS
Ethics & Commission Guidelines
City Recorder Barbara Christensen provided a presentation on public records law, definition of public meetings,
public meeting requirements, rules and regulations, and ethics. (Copy of presentation is attached to minutes.) She
explained that Council is asking for input from Commissioners on Ashland Municipal Code Section 2.10.025
Meetings and Attendance and asked Commissioners to send comments to staff as Council will be reviewing the
code.
General Questions:
• Can commissioners e-mail each other on transportation topics?
Answer: It is recommended that commissioners do not e-mail each other. The preferable method is to send
an e-mail to staff for forwarding to the commission, or present questions at formal meetings; specifically do
not deliberate by e-mail.
• Who has the right to public records?
Answer: Everyone has the right to public records.
• If attending a meeting in another City and asked specific transportation related questions as it applies to the
City of Ashland, can answers be given?
Answer: Yes, as long as decisions are not being made.
• Are commissioners allowed to do onsite inspections together?
Answer: Yes, as long as commissioners do not deliberate.
NON ACTION ITEMS
Commission Policies
Mike Faught asked the commissioners for feedback on current membership, how the recent change in the definition
of a quorum is working, and to define excused absences as prompted by an e-mail request from the City
Administrator who will take suggestions to Council in November.
Ms. Christensen suggested commissioners discuss what works best for conducting business within the commission,
and to revisit the attendance policy on an annual basis. She recommended commissioners send suggestions to staff
who will forward to her office.
General Questions/Comments:
Transportation Commission
September 27, 2012
Page / oj2
• A request was made to notify commissioners when a member resigns.
Answer: Staff will inform members when resignations occur.
• A question was asked about the possibility of using Skype, conference call or other untraditional formats to
participate in meetings when not physically able to attend.
Answer: Staff suggested sending these types of requests to the City Administrator to take to Council.
• A question was asked about the progress of filling vacancies on the commission.
Answer: The mayor has received interest and is working on making a decision.
N. Main/HerseyMimer Intersection Realignment Update
Mr. Faught gave an update on the N. Main/Hersey/Wimer intersection realignment.
Road Diet Striping Project
Mr. Faught gave an update on the progress of the road diet striping project. He discussed the timeline, budget and
the bidding outcome. Commissioners questioned the increase in the cost and voiced their concern with public
perception. Mr. Faught explained the criteria that will be used for measuring a successful road diet.
Hersey/Laurel Railroad Crossing Improvements Update
Mr. Faught gave an update on the progress of the railroad crossing improvements at Hersey/Laurel. He anticipated a
project bid in early 2013 with construction beginning in the spring.
Main St., Winburn Way, Water St Intersection Analysis
Mr. Faught explained a local traffic engineer was hired to analyze the intersection where a pedestrian fatality
occurred. Commissioners agreed the visibility is poor at this intersection and discussed other intersections in the city
they felt needed looked at as well. The intersections mentioned were Lithia Way/First St. and B St/Second St. Mr.
Faught stated he will have staff look at these intersections and report back to the Commission.
Traffic Crash Summary
Commissioners commented on several recent vehicle crashes that have occurred at the newly implemented median
on Ashland St.
INFORMATIONAL ITEMS
Action Summary
Commissioner Young asked for an update on the Plaza restriping that was approved by the Commission. Mr. Faught
explained the improvements were postponed due to the Plaza redesign, but will be tied into the new project.
TC Budget
Commissioners voiced their priorities on items to support with the budget, specifically the bicycle safety education
program.
Traffic Safety Connection September Newsletter
Informational item only.
Southern Oregon Active Transportation Summit
Mr. Faught encouraged Commissioners to sign-up for the summit.
COMMISSIONER COMMENTS
A request was made to include bicycle registration as an agenda item at the next meeting and to invite Officer
MacLennan to attend.
ADJOURNMENT
The meeting was adjourned at 7:37 p.m.
Respectfully submitted,
Jodi Vizzini, Public Works Assistant
Transportation Commission
September 27, 2012
Page 2 of 2
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
Adoption of the New City of Ashland Emergency Operations Plan
FROM:
John Karns, Fire Chief, Ashland Fire & Rescue, karnsj@ashland.or.us
SUMMARY
Ashland Fire & Rescue seeks adoption of the new Emergency Operations Plan for the City of Ashland,
also known as the City of Ashland Emergency Plan.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Ashland currently operates under an Emergency Operations Plan first adopted in 1998.
The current plan is not in compliance with standards required by the National Incident Management
System as established by FEMA. The City of Ashland partnered with Jackson County to apply for a
Homeland Security Grant to fund the creation of a new NIMS compliant plan. This plan was
completed in June and is NIMS compliant as well as a format utilized by all Oregon Counties and most
municipalities.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff would like Council to approve the resolution adopting the new Emergency Operations Plan.
SUGGESTED MOTION:
Move to approve the adoption of the new Emergency Operations Plan for the City of Ashland.
ATTACHMENTS:
Resolution
The EOP is a large document and can be viewed on the City website at:
http://www. ashland. or.us/SIB/files/Ashland%20EOPo/`20.pdf
Page 1 of I
RESOLUTION NO. 2012-
A RESOLUTION ADOPTING THE CITY OF ASHLAND EMERGENCY
OPERATIONS PLAN
RECITALS:
A. Government at all levels has the responsibility to plan for and respond to emergencies
resulting from hazards which are known to threaten the jurisdiction.
B. The City of Ashland has established an Emergency Operations Plan, also known as the
Emergency Management Plan, to provide overall planning and coordination for emergencies.
C. The Emergency Operations Plan provides specific guidelines to City Departments during
emergencies while complying with the requirements of the National Incident Management
System as established by FEMA.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to the City of Ashland Emergency Powers Ordinance, Ashland Municipal
Code Chapter 2.62, the document entitled "City of Ashland Emergency Operations Plan", also
known as the Emergency Management Plan on file in the city recorder's office is adopted as the
City's emergency management plan.
This resolution was duly PASSED and ADOPTED this day of
2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 12012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2012- Page I of I
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
Approval of Statewide Transportation Improvement Program (STIP) Grant
Applications for Public Works
FROM:
Scott A. Fleury, Engineering Services Manager fleurys@ashland.or.us
SUMMARY
Engineering staff seeks Council approval to apply for three Statewide Transportation Improvement
Program (STIP) grants for the 2015-2018 fiscal years. The three grant applications are for
improvements to the Nevada St. bridge connection, along with the North Mountain Ave. and
Wightman St. overlay projects, as recommended by the Transportation Systems Plan.
BACKGROUND AND POLICY IMPLICATIONS:
Distribution of federal funds for public works construction projects is administered by the Oregon
Department of Transportation (ODOT) but is allocated through the Metropolitan Planning
Organization (MPO). The STIP program is divided into "enhance" and "fix it" categories. Projects that
expand or improve the transportation system are defined as enhance projects, and projects that preserve
and repair the existing transportation system are fix it projects.
Funds are approved through various granting venues such as the Surface Transportation Program,
Congestion Mitigation and Air Quality program and the Transportation Enhancement program to name
a few. It is necessary to compete for available funds with all of the local agencies within the MPO
including ODOT, Jackson County and the cities of Medford, Phoenix, Talent, Central Point,
Jacksonville, and Eagle Point.
The project recommended for the enhancement category is the application for the Nevada St. bridge
connection. This project was a recommended priority improvement (within 5 years) in the 1998
Transportation System Plan (TSP) and is also recommended as a priority improvement in the 2012
draft TSP update. The bridge connection is a multimodal project that will serve as the future
Greenway bike extension. The estimated cost for the bridge connection is $2,260,459.
Overlay projects identified for the fix-it category consist of the North Mountain Ave. overlay from
Hersey St. to the I-5 overpass and Wightman St. from Siskiyou Blvd. to Quincy St. The North
Mountain Ave. project is estimated to cost $325,495. The Wightman St. overlay project is estimated to
cost $225,000.00
FISCAL IMPLICATIONS:
The STIP grant process requires a municipality to supply a grant match of at least 10.27% for the
projects-The City can budget the matches into its yearly budget allocation for street improvement
projects.
Page I of 2
~r,
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the Council approve applying for the STIP grants.
SUGGESTED MOTION:
Move to approve the three listed STIP grant applications.
ATTACHMENTS:
None
Page 2 of 2
WAR
CITY OF
ASHLAND
Council Communication
November 6, 2012 Business Meeting
Ratification of Labor Contract with the Local Union NO. 659 International
Brotherhood of Electrical Workers (Clerical / Technical)
FROM:
Corey Falls, Deputy Chief of Police, corey.falls@ashland.or.us
SUMMARY
The Local Union NO. 659 International Brotherhood of Electrical Workers,(Clerical/Technical) further
referred to as IBEW Clerical/Technical is one of five collective bargaining units at the City.
Negotiations on a successor three-year contract with IBEW Clerical/Technical began on May 15`h.
After mediation on October 8`h a tentative agreement was reached. The contract calls for a 2% cost of
living adjustment in the first year retroactive to July 1512012 and cost of living adjustment in a range
between 2 - 3.5% based on CPI-W in the second and third years. The contract also includes a Holiday
bank and additional vacation accrual at 24 years of service.
BACKGROUND AND POLICY IMPLICATIONS:
The current labor contract with IBEW Clerical/Technical expired on June 30, 2012. The City reached
tentative agreements over three negotiation sessions and one mediation session with this bargaining
group. Concessions were made by both parties in the best interest of the City.
The agreement calls for:
• A 2% Cost of Living Adjustment (COLA) retroactive to July 1, 2012.
• A COLA in range between 2-3.5% based on CPI-W in years two and three of the contract.
• 88 hours of Holiday Bank, primarily for employees who work 4/10 schedule.
• 16 hours of vacation accrual for employees with 24 years of service.
• Minor language changes intended to clarify or reflect current business practices such as
emergency overtime, funeral leave, deferred comp, and Health and Welfare.
FISCAL IMPLICATIONS:
A 2% COLA is included in the FY 2013 budget for IBEW Clerical/Technical which equates to a total
cost of $31,400.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor
contract, ratifying the tentative agreements reached in negotiations.
SUGGESTED MOTION:
I move approval of the labor agreement between the City of Ashland and the Local Union NO. 659
International Brotherhood of Electrical Workers (Clerical/Technical) and I authorize the City
Page 1 of 2
1
CITY OF
ASHLAND
Administrator and Mayor to sign the labor contract, ratifying the tentative agreements reached in
negotiations.
ATTACHMENTS:
None
Page 2 of 2
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
Approval of a Special Procurement Contract with GE Water and Process
Technologies for Purchase of Wastewater Membrane Filters
FROM:
David Gies, Public Works Wastewater & Water Reuse Supervisor, giesd@ashland.or.us
SUMMARY
Through the wastewater master plan process, Keller Associates recommended a replacement strategy
for failing wastewater membrane filters. The failing membranes need to be replaced in order to meet
regulatory requirements for phosphorous removal. The membranes Keller recommends for purchase
are GE ZeeWeed 500d-350ft2 and are directly compatible with the current system.
BACKGROUND AND POLICY IMPLICATIONS:
At the April 17, 2012 business meeting Council approved the consultant created wastewater master
plan. One of the projects identified in the master plan is a life cycle replacement program for the
membrane filters. The membrane filtration system operates annually from May to November in order
to remove excess phosphorous. The phosphorous removal is required as part of the City of Ashland's
National Pollutant Discharge Elimination System (NPDES) permit. Phosphorous does not pose a
health risk to humans and is not toxic to fish; however, it does cause algal growth, particularly in
warm, slow moving waters. Excessive algal growth can impact fish by depleting oxygen and causing
fluctuations in PH.
The wastewater treatment plant has four membrane filter treatment trains. The expected lifespan of the
membrane filters is approximately 10 years. The City's treatment plant is currently experiencing
failures in the membranes thus reducing its ability to meet the permit requirements for phosphorous
removal. Two trains of membranes are nearing the end of their life cycle and are recommended for
replacement.
FISCAL IMPLICATIONS:
The adopted FY13 budget includes $835,026 for the purchase of membrane filters. The GE quote for
replacement of 16 cassettes worth of membrane filters is $864,540 which is $29,514 over budget. If
approved, staff will reduce the wastewater treatment plant process improvements budget by $29,514 to
make up the difference to ensure adequate funding is available for the high priority membrane project.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve the special procurement contract with GE Water and Process
Technologies in the amount of $864,540.
Page 1 of 2
16MAR
CITY OF
ASHLAND
SUGGESTED MOTION:
Move to approve the special procurement of GE filter membranes in the amount of $864,540.
ATTACHMENTS:
1. Keller Associates Memorandum regarding Membrane replacement options
2. GE Water and Process Technologies quote
3. Special procurement documentation
Page 2 of 2
~r,
KELLER
associates
131 SW 5^ Ave.
Meridian, ID 83642
208-288-1992
FINAL MEMORANDUM
Date: SEPTEMBER 13, 2010
To: SCOTT FLEURY AND MIKE FAUGHT, CITY OF ASHLAND
From: LARRY RUPP
Subject: CITY OF ASHLAND WWTP MEMBRANE REPLACEMENT OPTIONS
This memorandum summarizes the review of the membrane replacement options for the
Ashland Wastewater Treatment Plant (WWTP). The need for this review is due to the
concern with the condition of the existing membranes and the need for additional
capacity. Below is a summary of items reviewed in providing our recommendation to the
City of Ashland.
1. Review the existing membrane system.
2. Review the membrane inspection spreadsheet provided by Ashland staff.
3. Perform a hydraulic analysis to determine other components that may need to be
replaced if a higher capacity membrane is installed.
4. Review membrane replacement options from other potential suppliers to
determine if a feasible option exists that will fit within the existing system.
5. Review membrane replacement options from Zenon.
6. Provide a recommendation for membrane replacement.
In addition to the steps listed above, an attempt was made to review the historical
operational data (cleaning intervals, permeability, and turbidity) that are available on
ZenoTrac. To date, the ZenoTrac data has not been reviewed. The review is pending
based on feedback from Zenon. Depending on the data available, it could be used to
recommend a higher or lower flux rate and to better determine if the existing membranes
are approaching their existing useful life.
EXISTING MEMBRANE SYSTEM
The existing membranes have been in operation since May of 2002. Since the original
commissioning, an additional 10 % capacity was added in January 2008 by installing
membranes similar to the original membranes in the remaining basin area. Current flows
indicate the need for additional capacity is approaching. Another concern is the life of the
existing membranes. Additionally, the City has a price guarantee for membrane
replacement that is due to expire April 4, 2011.
Plant staff conducted an inspection of the membranes (See summary of results in Table
1). The inspection revealed that a number of fibers are separating from the urethane
potting. This is likely due to over exposure Of chlorine. Approximately 25% of the
membrane cassettes have more than half of the fibers loose.
210055/2/10-406 1
KELLER
associates
131 SW 5" Ave.
Meridian, ID 83642
208-2BB-1992
Table 1 - Condition of Existing Membrane Cassettes
c p c c o N N
ezmm`°v °ub°n°Obbbbmbb °m°v°vv°mm~pmSO °n °go°Om O~bm 9 -
°fS %Eg 'T 29 2Sg 2T, 8S2 8 Mats :22Zo2eC9lS29ffi 8t8~ffimffiNn >8~~ m
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210055/2110-406 2
KELLER
associates
131 SW 5" Ave.
Meridian, ID 83542
208-288-1992
Another consideration is the life expectancy of the membrane fibers. With Ashland being
one of the first tertiary membrane installations, data to determine the life expectancy is
not available. Membrane life can vary widely depending on the operating conditions,
chemical exposure, membrane materials, and other factors. Loss of permeability even
after cleanings is typically an indication of the need to replace membranes. A life
expectancy of 10 years is not uncommon for wastewater. For the Ashland WWfP, an
even longer life expectancy could be realized as the membranes are only operated 7
months a year.
HYDRAULIC ANALYSIS
The membrane system was modeled hydraulically using spreadsheet calculations.
Initially the limiting factor hydraulically is the permeate pumps which have a capacity of
1.13 mgd for a total capacity of 4.5 mgd. The permeate piping is also designed to handle
approximately 4.5 mgd. Any membrane capacity expansion beyond 4.5 mgd should
include a replacement of both permeate pumps and piping.
POTENTIAL MEMBRANE SUPPLIERS
In addition to the original membrane supplier (GE/Zenon), Koch Membrane Systems
(Puron) also provides cassettes/modules that are made to replace GE/Zenon
membranes. A proposal from Koch for membrane replacement at the Ashland WWTP is
included in Appendix A. The cost for Koch membranes is approximately $6.00 to $6.50
per ft.'. This is slightly less when compared to GE/Zenon replacement cost shown in
Table 2. If this option is pursued, it is recommended that further detailed design level
evaluation be completed in order to verify compatibility and identify any required
modifications to the existing system.
GE/ZENON REPLACEMENT OPTIONS
GE/Zenon currently manufactures three feasible options for replacing the membranes at
the Ashland WWTP. In order of the least to most capacity the options are ZW5000-250,
ZW500D-340, and ZW50OD-440 with the last three numbers corresponding to the
amount of membrane surface area per module. Appendix B contains a copy of
GE/Zenon's proposed scope of replacement and budgetary pricing. Table 2 summarizes
the GE/Zenon's options. Options 4 and 5 are not recommended at this time as they
require a major upgrade of the membrane system. Using the ZW50OD-340 would add
very little capacity because the current configuration will only fit 20 modules per cassette
versus the existing 26 modules per cassette. Similarly the ZW50OD-440 option would
only be necessary if peak flows require membrane treatment.
21005512110-406 3
-
KELLER
associates
131 SW 5* Ave. -
Meridian, ID 83842
206-288-1992
Table 2 - Membrane Replacement Options Cost Summary
2W500C-2505 $1.75 Million 936 250 $7.48
2W500D-3405* $2.1 - 2.5 Million 800 340 9.19
2W500D-4405* $2.3 - 2.7 Million 752 440 $6.95-8.16
Includes cost for modifying blower capacity
Figure 1 shows a recommended replacement schedule. This schedule is based on the
maximum month flow and population projections to date (@ 1.66% growth rate) and may
require revision as these projections are finalized with the master plan. The details of the
membrane replacement are shown in Tables 3-5. For example Table 3 shows a
recommendation for replacing modules and moving other existing modules. The result
shown in Table 3 are obtained by replacing the damaged cassettes in trains 1, 2, and 3
with new cassettes and moving the good cassettes from train 1 and train 2 to train 3.
The result is membranes in the worst condition are replaced and there are two trains of
new membranes.
Figure 1 - Projected Membrane Replacement Schedule
4.5
4.0
MMF
-a-Treatment Capacity
3.5 -
3-0
2022 Replacement
0 2.5 -
2015 Replacement
M 2.0
2011 Replacement
1.5 -
1.0
0.5
0.0
2008 2010 2012 2014 2016 2018 2020 2022 2024 2026
210055/2/10-406 4
KELLER
associates
131 SW 5°Ave.
Meridian, ID 83642
208-268-1992
Table 3 - Phase 1 Replacement
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2100552/10-406 5
KELLER
associates
131 5W S Ave.
Meridian, 10 83642
208-288-1992
Table 4 - Phase 2 Replacement
o ~ s
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- mmtim~
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21005512/10406
6
KELLER
associates
131 SW 5" Ave.
Meridian, ID 83642
208-288-1992
Table 5 - Phase 3 Replacement
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21005512/10.406 7
KELLER
associates
131 SW 5° Ave.
Meridian, ID 83642
208-288-1992
The future recommendations account for future flows and should be re-evaluated before
proceeding with membrane replacement. The membrane replacement recommendations
are based on both meeting capacity objective and on an expected membrane life of 10
to 15 years. Another approach that could be employed would be to replace based on
capacity and continue to use the membranes until a drop in performance is noticed. This
approach would result in pushing the membranes to the edge of their useful life versus
replacing membranes based on expected useful life. Table 6 shows the membrane
replacement for phase I if this philosophy is employed.
It should be noted that the recommendations are based on being able to treat maximum
month flows. Peak hour flows would bypass the tertiary membrane system. For the
purposes of meeting the effluent phosphorus limit treating maximum month flows
appears adequate for the near future. Due to the phosphorus limit being load based, the
amount of flow that can be bypassed while still meeting the limit will decrease as overall
flows increase. As the flow increase requires lower and lower effluent phosphorus
concentrations, other options should be explored for meeting the phosphorus limit. If the
City desires to treat all flows including peaks, additional membrane capacity will be
required. This should be considered as temperature options which may require
membrane treated effluent are explored and finalized.
MEMBRANE REPLACEMENT RECOMMENDATION SUMMARY
It is understood that the chosen membrane replacement option which meets the City's
budget is as shown in Table 6. This is a less-conservative approach than replacing
membranes in both train 1 and train 2. However, with the outstanding temperature issue,
which could affect the membrane design and use, this approach is more fiscally
conservative. Once a direction is known on the temperature issue, it is recommended to
revisit replacing train 2 within the next year or two, as shown in Table 3.
Based on the review conducted, it is recommended to provide 9 new ZW500C- 250
cassettes to train (as shown in Table 6). The estimated replacement cost based on
information provided by GE/Zenon is $400,000. This will allow the City to accomplish the
following:
• Replace damaged cassettes
• Take advantage of the replacement price guarantee for one-quarter the
membranes
e Upgrade the capacity
• Decision on majority of membrane replacement can be.made after knowing the
affect of the meeting the future temperature limit oh tertiary treatment
In addition, the good cassettes should be moved to train 3, as shown in Table 6, to
replace those that have fibers separated from the potting.
210055010-406 8
KELLER
associates
131 SW 5" Ave.
Meridian, ID 83642
208-288-1992
Table 6 - Phase 1b Replacement Option
m
N
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rY a ~^a~s°,S~SS SSM ~E$s°fE~°isid ``^dd.~$~E $9sz
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210055/2/10406 - 9
KELLER
associates
131 SW 5"Ave.
Meridian, ID 83642
208-268.1992
Reasons for proceeding with the option shown in Table 3 in the next two years include:
C Some damaged cassettes are not replaced
• The option shown in Table 3 better fits a long-term replacement schedule when
considering expected membrane life
It is recommended that this evaluation be performed again prior to future membrane
replacement (targeted for 2015) to determine if the replacement shown in table 4 is still
the best option. If peak capacity is to be met or once the max month capacity exceeds
4.0 mgd, new piping, pumps, and blower modifications will be required. At that time,
converting to a higher capacity membrane would also be necessary.
21005512110-006 10
GE
Water & Process Technologies
Membrane Replacement 3239DundasStreet West,
Oakville,Ontario,Canada L6M482
Proposal Tel: 905 465 3030 Fax: 905 465 3050
T0' The City of Ashland, Oregon 7~•1 Dote: August 31, 2012
referred to here as Ashland or Buyer
No. of Pages: 21 including cover ~
Attention: David Gies, Water Reclamation Supervisor Email: aiesd@ashland.or.us
Address: 20 E. Main Street .Tele hone No.: S415522335
Ashland, Oregon, USA 97540 Fax No.: 541552 2364
Adam Coiling Email: Adum.Collina@ae.com
From: RegionalLifecycleManager Cell No.: 7606857959
Western USA Fax No.: 858 550 7469
Proposal No.: 595616
Subject Membrane Replacement -Train #3
Original Project No.: 500127
Plant: Ashland Wastewater Treatment Plant. Municipal Wastewater-Tertiary Treatment, 500c. 4 trains. 10 cassettes per
train, 26 modules per cassette, total module count 1,040, Substantial Completion Date Oct 17, 2002.
/ I
C
\ SI
I
Ashland - Membrane Replacement ®GE August 31.2012 595616 Pagel of 21
1
GE
Water & Process Technologies
Table of Contents
i
1 Introduction ..........................................................................................................................................3
1.1 Benefits of new ZeeWeed® membrane modules .........................................................................................3
2 Scope-GE ..............................................................................................................................................5
2.1 Membrane Modules ..................................................................................................................................................5
2.2 Cassette Frames .........................................................................................................................................................5
2.3 Hardware .......................................................................................................................................................................5
2.4 Controls ..........................................................................................................................................................................5
2.5 Membrane Module Warranty ................................................................................................................................5
2.6 Project Management ................................................................................................................................................5
2.7 Delivery.. 5
2.8 On Site Technical Advisory Services - PLC code changes .....................................................................6
2.8.1 GE Duties for On Site Services .................................................................:....::.........................................................6 j
3 Scope - Ashland .........................:..........................................................................................................6
3.1 Maintenance Notes for Replacement Membranes ......................................................................................6 j
3.2 Installation Preparation ..........................................................................................................................................7
3.3 Installation 7
4 Product Support ...................................................................................................................................8
5 Health & Safety
6 Prices ........................................................................................................................:...........................10
7 Terms and Conditions of Sale .............................:.............................................................................11
8 Seller's Warranty - ZeeWeed® Membrane Module .........................................:..............................17
9 Signed Agreement ..............................................................................................................................20
Attachment A ZeeWeed® 500d Cassette Fact Sheet ..........................................................................21
I
GE Water and Process Technologies as Seller submits the information contained in this document for
evaluation only by Buyer. Buyer agrees not to reveal its contents except to those in Buyer's organization as is I
necessary for evaluation. Copies of this document may not be made without the prior written consent of
Seller's Management. If the preceding is not acceptable to Buyer, this document shall be returned to Seller.
This proposal has been issued, based on the information provided by Buyer and currently available to GE at j
the time of proposal issuance. Any changes or discrepancies in site conditions, including but not limited to
changes in system influent water characteristics, changes in Environmental Health and Safety conditions.
changes in Buyer financial standing, Buyer requirements, or any other relevant change or discrepancy in the r
factual basis upon which this proposal was created may lead to changes in the offering, including but not
limited to changes in scope of service, pricing, guarantees. quoted specifications, or terms and conditions.
i
Ashland - Membrane Replacement ®GE August 31, 2012 595616 Page 2 of 21
f
i
` GE
Water & Process Technologies
1 Introduction
The City of Ashland, Oregon is preparing to replace the original 500c-220 ftz modules in the 10 cassettes of
Train # 3 with a comparable membrane module.
Further to recent discussions and Ashland's request for the supply of additional membranes. GE is pleased to {I
offer the following 2 replacement options:
Option 1- Supply 10 fully populated 26-module cassettes of ZeeWeed® 500c membranes with a total of 260
500c membranes, and 6 fully populated 20-module cassettes of ZeeWeed® 500d membranes modules with a
total of 200 500d membranes, crated and ready for ocean shipment
Option 2 - Supply 16 fully populated 20-module cassettes of ZeeWeed® 500d membranes modules with a
total of 320500d membranes, crated and ready for ocean shipment.
The following table illustrates the surface area comparisons by module and cassette between Ashland's
existing 500c 220 ftz cassettes and the proposed 500c 250 ft' and 500d 350 ft2 cassettes. j
Existing ZW-100c New2W oc NewZW-500d
Item Cassette Cassette Cassette
Surface Area per Module 220 ftz 250 ftz 350 ftz
Modules per Cassette 26 26 20 i
Surface Area per Cassette - fully populated 5,720 ft? 6,500 ftz 7.0 Dftz ,
i
At this time Ashland has declined the option of on-site FSR assistance for installation of the new membrane
cassettes.
1.1 Benefits of new ZeeWeed® membrane modules
Original ZeeWeed®500c 220 ft2 modules replaced with new ZeeWeed®500c 250 ft2 modules
Currently GE is able to provide a ZeeWeed® 500c membrane module with increased surface area (13.5%)
over the current membranes in service (250 ft' vs 220 M.
The advantages of the increased surface area are:
❑ , It allows the plant to operate the membranes at a reduced flux rate while maintaining flows which
can result in longer periods between cleans (reducing nonproductive down-time) and may increase
length of overall time in service due to decreased operational stresses on the modules, or,
❑ It allows the plant to operate the membranes at the same flux rate while providing increased flows.
Original ZeeWeed®500c 220 ft' modules replaced with ZeeWeed® 500d 350 ftz modules
Upgrading from ZeeWeed® 500c to ZeeWeed® 500d modules offers the following advantages:
❑ Choices in membrane surface area per module and per cassette each delivering higher surface area f
density. This allows either a flow/capacity expansion in the some footprint (equipment permitting) or
the some flow/capacity in a reduced footprint with fewer modules or at lower flux.
❑ Vacuum applied to both top and bottom headers gives the 500d -7% lower pressure drop resulting
in higher design flux rates than a 500c in the some application.
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❑ Each module slides in/out with an individually removable design. Improves and simplifies access for
maintenance.
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❑ Advanced module support method (MARS).
❑ GE investments in R&D will continue to move the 500d technology platform forward whereas SOOc
features will be maintained as is.
❑ Upgrading from the 500c module to the standard 500d module can require increased tank levels to
accommodate the taller 500d cassettes, which may be critical in facilities with limited tank height.
However, GE's 500d 20M short cassettes, specifically designed for 500c retro-fit projects, eliminate
this threat. The following picture shows the variations in dimensions between the 500c cassette
shown on the right, to the 500d 20M short cassette - shown on the left.
7,f.)
smn.c WOO zus.)
m%'% MAX
zmx.~ I I ieaDa
I
1
~ T15.9 _
69)J
lla D
w.aX -.)»n
IWXIYV C51 IW.ADC
❑ Ashland is responsible to confirm that the height increase is workable for movements throughout
the plant as required.
❑ Cassette lifting weight requirements change from 2,983 Ibs for the 500c to 3,327 Ibs for the SOOd.
Ashland is responsible to verify crane capacity.
❑ A fact sheet with additional information on the SOOd 20M cassette can be found in Attachment A at
the end of this document.
❑ If purchased, the new 500d modules should be tested for integrity at 10 psi. The modules are
capable of testing at 11 psi where LT2 compliance is required by regulating authorities.
❑ By virtue of replacing the existing 500c cassette frames with either new 500c cassette frames or
500d 20M short cassette frames, all of the plastic components in the cassette will be new.
Please be aware that should populated membrane cassettes be purchased, these will arrive on-site on their
sides and appropriate space and equipment will need to be made available to safely upright the cassettes
for installation.
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2 Scope - GE
2.1 Membrane Modules
Option 1- Supply 10 fully populated 26-module cassettes of ZeeWeed® 500c membranes with a total of Z60
500c membranes, and 6 fully populated 20-module cassettes of ZeeWeed® 500d membranes modules with a
total of 200 500d membranes, crated and ready for ocean shipment
Option 2 - Supply 16 fully populated 20-module cassettes of ZeeWeed® 500d membranes modules with a
total of 320 500d membranes, crated and ready for ocean shipment.
2.2 Cassette Frames
Supply 500c and 500d cassette frames in the quantities detailed in either option 1 or option 2 above.
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2.3 Hardware
Supply associated cassette hardware as follows:
❑ Hoses and fitting sets for 500c and Sood cassettes
❑ Lifting brackets for 500d 20M cassettes
❑ Hanger arms for 500d 20M cassettes
❑ Lifting brackets for 500d 20M cassettes
2.4 Controls
Provide system controls programming adjustments as required for the new membranes including
adjustment of set points for permeate and air flow.
2.5 Membrane Module Warranty
These ZeeWeed® Membrane Modules are supplied with a base 2 year Full Replacement Seller's Warranty
against manufacturing defects. For details of the warranty coverage on the membrane modules supplied,
please see Section 8.
2.6 Project Management
Planning and off-site assistance during the membrane expansion project.
2.7 Delivery
❑ CIP - Delivery will be by standard ocean/ground on the basis of CIP Ashland WwTP, Ashland, OR
Incoterms® 2010. CIP= Carriage & Insurance Paid. Partial shipments will be acceptable unless
otherwise specified.
❑ Origin - Delivery of ZeeWeed° membranes originates from the GE Water & Process Technologies,
ZENON Membrane Products IZEMI, Blathy 0116 u 4, Oroszl6ny, 2840 Hungary facility.
❑ Title & Risk - Title and risk of loss or damage to membrane modules, cassette frames and crating
shall pass to Ashland upon delivery to carrier at designated delivery origination point.
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❑ Export Documents -AllZeeWeedv membrane module shipments into the USA require clearance
documentation from the EPA GE will prepare and provide the required EPA documentation to the
Carrier.
❑ MPF - Merchandise Processing Fee is a fee assessed for formal custom entries based on 0.21% of
the invoice value, with a minimum of USD $25 per formal entry and a maximum of USD $485.
❑ Taxes and US Duty - A US Customs duty of 3.9% applies to all ZeeWeed® membranes. This duty
alone is included in the price table and will be remitted by GE. Any other duties imposed are the
responsibility of Ashland. Any applicable sales or value added tax is not included. All applicable
Local. State, or Federal taxes are the responsibility of Ashland.
❑ Temperature - OF membranes cannot be allowed to freeze or overheat and may require
temperature-controlled freight and handling according to the season and the planned routing.
❑ Availability- Delivery of membrane modules is typically 20 weeks after receipt of order. Definitive
Membrane Module availability will not be confirmed until a Purchase Order is received from Ashland
and acknowledgement of a Purchase Order is issued by GE.
2.8 On Site Technical Advisory Services - PLC code changes
GE will provide 1 Field Service Representative IFSR) on-site for 16 hours (2 x 8-hour days) to download and
test the PLC code changes required for this membrane replacement initiative. Ashland retains final
responsibility for the installation and commissioning process.
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Any overtime or waiting times required due to unforeseen site events outside the control of GE will be
invoiced according to the prevailing GE Service Labor Rates Sheet, available on request
If for any reason additional insurance coverage le.g. General Construction/Erection All Risk, General Liability)
is required above and beyond GE's standard insurance terms for onsite commissioning supervision, Ashland
must inform GE in writing 60 days prior to work commencement at site. Ashland will be billed for all
additional insurance costs and processing fees.
2.8.1 GE Duties for On Site Services
❑ GE will coordinate its work under this agreement in a reasonable manner with the operating staff of
the facility.
❑ GE will maintain public liability and property damage insurance covering all operations undertaken
by GE and its sub-contractors with a minimum limit of $3,000,000 inclusive for any one accident or
occurrence.
❑ GE will maintain Workers Compensation and Employers' Liability coverage as per statutory
requirements.
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3 Scope - Ashland
3.1 Maintenance Notes for Replacement Membranes
At the time of any full plant or full train membrane replacement, it is recommended to evaluate the
appropriate timing of repairs or replacement of the following ancillary system components:
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❑ Is it the right time to address any tank coating repairs which maybe required?
❑ Are any of the clamps, camlocks, camlock seals and couplings due for replacement?
Preferential Flaw
Preferential flows can create a risk of over-fluxing of new modules when they are installed in the some train
with older modules. The mixing of old and new modules in the same cassette also makes management of
slack adjustment more difficult. GE recommends that Ashland plan membrane module replacement on a
complete cassette and complete train basis wherever possible to achieve both optimal performance and
best value from the new membrane modules.
Membrane Slack
GE's membranes are supplied and shipped with an initial factory fiber slack designed to optimize membrane
air scouring during operation as well as accommodate a degree of shrinkage. Membranes shrink in length
early in their lifecycle when exposed to higher temperature water. The pace of shrinkage slows with age.
With the installation of new membranes, the requirements for slack adjustment start a new cycle.
Due to the wide variety of operating environments in which our products can be utilized, it is difficult to
generally predict the rate of shrinkage. If membranes operate in a condition of insufficient slack for on
extended period of time, irreversible damage to the fiber-urethane bond may occur. Please refer below to
the recommended inspection frequencies based on your plant's membrane tank operating temperature.
Visual inspections should begin during the membrane installation and be repeated over time on the some
cassette. Digital pictures will allow for comparative analysis of the fiber slack over time.
Maximum Operating Tempera ture Recommended slack inspection Frequency
0.24 °C / 32-76 OF Every 2 years
25.30 °C / 77-86 OF Once Per Year
>30 °C 86 OF Twice Per Year
Bubble Test Pressure
Since the original modules were installed, improvements in our manufacturing process have increased the
permeability of the 500 series membranes. With that improvement, the bubble test pressure is reduced to 2
psi horizontally and 3 psi vertically. After the membranes are shipped, a formal notice of this change of
procedures will be issued as an Addendum to the Operating Manual.
3.2 Installation Preparation
❑ Receive, off-load, handle and provide temperature controlled storage of the equipment and
materials.
❑ Membrane Membranes must be stored in a sheltered area, protected from freezing, direct sunlight
or extreme heat, and sealed as shipped until ready for use. Storage should be in a dark, dry, level
area at a temperature of 5-30°C 141-86°F1. Membranes should not be stored longer than necessary
prior to installation. Ashland is responsible for risk of loss of Seller's parts while in storage at the
plant.
❑ Inspect, evaluate and make repairs as required for the membrane tanks, mounting brackets, hoses
and all connections.
3.3 Installation
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❑ Isolate cassettes from the rest of the system as required.
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❑ Remove targeted cassettes from the system as required.
O Install new cassette in the system.
❑ Dispose of membrane module preservative as well as all retired membrane modules and cassette
components.
O Dispose of shipping and packaging materials unless specifically requested not to by GE.
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4 Product Support
One of the ways that GE has clearly distinguished itself from other membrane manufacturers is through the
range of services and support offered to our customers based on the many years of experience in OF
membrane filtration. Included with any membrane replacement are the following services:
Local Support - GE has a global network of GE Water & Process Technologies service personnel that con
deploy at short notice. These personnel have access to all the latest tools, procedures and equipment to
provide the optimum assistance and support to plant operators.
Technical Support - For the life of each system supplied by GE, plant operators have telephone access to a
skilled GE technical support specialist who will assist Plant Operators in troubleshooting of system problems
during business hours.
Technical Support - Hours of Operation & Telephone Numbers
Daytime Hours of Operation: 8:30am to 5:00pm Monday to Friday, Eastern Time Zone GMT-5
Telephone, tall free in North America: 1-866-271-5425
Telephone, outside of North America: 1905.465-3030 and ask for Technical Support
Email address for Daytime Hours: GEWater.Teclmical5uoaartPae.com
ZeeWeedo Users Group - As an on-going support to ZeeWeed® plants, an annual2 day ZeeWeed® Users
Group meeting is organized by GE consisting of formal meetings and a tour of the hosting ZeeWeed® plant
New technologies ore introduced, current issues are tabled, and roundtable discussions ensue. The Users
Group has become an excellent forum for experienced operators to keep current, to renew old
acquaintances, to exchange the "tricks of the trade" with each other, and to impart their hard-won
knowledge to newer ZeeWeed® operators. Generous hospitality combines with informal experiences and
exercises to enhance the esprit de corps between domestic and international plant operators.
All ZeeWeed® plants are invited to send operators representing the plant GE covers conference, food, and
hospitality expenses. The plant must cover the operators travel and hotel expenses, and a small conference
fee. GE supports this forum to facilitate interaction between ZeeWeed® Plant Operators and to provide a
forum for real-world feedback to GE's management, design and operations staff.
S Health & Safety
Ashland
❑ Ashland will identify and inform Seller's personnel of any hazards present in the work place that
could impact the delivery of Seller's scope of supply and agrees to work with seller to remove,
monitor, and control the hazards to a practical level.
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❑ Ashland will provide training to Seller's personnel on all relevant and standard company operating
procedures and practices for performing work on site. Such training programs may include, but are
not limited to, general environmental health & Safety IEHS), HAZOP, fire protection, drug testing,
incident notice, site conduct, standard first aid, chemical receiving, electrical safety, etc. Ashland
will provide a certificate of training for Sellers personnel. This program will be fully documented,
training materials will be provided, and attendance list will be kept.
❑ If any type of lifting devices will be used on site, Ashland will provide proof of its maintenance,
inspection and certification documentation upon request and will assist the GE Service
Representative to complete a safety inspection checklist.
❑ Where confined space entry may be required, Ashland will provide early notice and will collaborate
with GE in planning adequate staffing and in advising the local fire/rescue department
No time or cost provision has been made for preparations such as safety record clearances, drug
testing, insurance confirmations or pre-job-training in excess of 1 hour. Prior to finalizing the
Purchase Order and the work schedule, Ashland will advise GE of any pre-job or pre-mobilization
requirements. Where these requirements exceed 1 hour, this time will be charged to Ashland at
rates set out in the prevailing GE Labor Rates Sheet.
❑ Where certain short duration activities require 2 people for safety and the GE FSR is alone at site.
Ashland will cooperate as required to assure that correct safety precautions are taken. i
❑ Ashland is responsible for the following safety and environmental provisions:
• First aid, emergency medical, and chemical spill response.
Eyewash and safety showers in the water treatment area. j
• Security and fire protection systems per local codes.
• Environmental use and discharge permits for all chemicals at Ashland's facility either listed
in this document or proposed for use at a later date.
• Any special permits required for Seller's or Ashland's employees to perform work related to
the water treatment system at the facility.
• All site testing, including soil, ground and surface water, air emissions, etc.
• Disposal of all solid and liquid waste from the Sellers system including waste materials
generated during construction, start up and operation.
GE
❑ All work on site will be performed in accordance with applicable law and will be performed
reasonably, in a clean and safe manner. The GE FSR will abide by the more stringent of the
applicable health, safety and environmental policies and procedures of either Ashland or GE.
❑ GE will provide all applicable safety training required by the health and safety policies. The GE
Service Representative will have undergone Workplace Hazardous Material Information system
IWHMIS) training and will come equipped with necessary Personal Protective Equipment (PPE).
❑ Emergencies - In emergencies affecting the safety of persons, work or property at the site and
adjacent thereto, GE will act, without previous instructions from Ashland, as the situation warrants.
GE will notify Ashland immediately thereafter.
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6 Prices
Option 1-10 x ZW-500c 250 ftz 26-module cassettes+ 6xZW-500d 350 W 20-module cassettes
Total Price
Q Item USD$
260 Supply ZeeWeed® 500c 250 ftz Membrane Modules, populated in 10 cassettes
120 Supply ZeeWeed®500d350ft2Membrane Modules, populated in6cassettes
16 Supply2eeWeed® cassette frames - 10 x 500c, 6x500d
16 Cassette Hardware including hoses and fittings, hanger arms and lifting brackets
1 Controls programming adjustments
1 Brokerage at US/Canada border
1 US EPA documentation fee $842,860 i
1 US Merchandise processing fee
1 US Customs Duty 3.9%
1 Site visit -2days onsite todownload andtest PLCcode changes
1 Freight based on single stack shipment, and Insurance. CIP Ashland, OR,
Incotermsm 2010.
Fee per additional day on site if required $1,950
Total Surface Area - Option rll
Option 2 -16 x ZW-500d 350 ft2 20-module cassettes
Total Price
Qty Item USD$
320 Supply ZeeWeed® 500d 350 ftrMembrane Modules, populated in 16 cassettes
16 Supply ZeeWeed® cassette frames -for500d modules
16 Cassette Hardware including hoses and fittings, hanger arms and lifting brackets
1 Controls programming adjustments
1 Brokerage at US/Canada border
1 US EPA documentation fee $864,540 ;
1 US Merchandise processing fee
1 US Customs Duty 3.9%
1 Site visit - 2 days on site to download and test PLC code changes
1 Freight based an single stack shipment, and Insurance. CIP Ashland, OR,
Incotermso 2010.
Fee per additional day on site if required $1,950
Total Surface Area - Option 2 = 112,000 i
Please make Purchase Orders out to ZENON Environmental Corporation. j
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7 Terms and Conditions of Sale
A - Specific Terms and Conditions of Sale
1 Legal Entity for Contracting
ZENON Environmental Corporation is the name of the legal entity providing services and is an affiliate of GE Water & Process
Technologies Canada. Purchase Orders and Checks should be made out using the name ZENON Environmental Corporation.
Short Form: Where o short reference is required in this document, for convenience, we are called simply GE.
2 Payment Terms
On approved credit, payment terms are Net 30 Days and invoices will be issued on the following schedule:
30% with acceptance of Purchase Order. Shipment of membranes is contingent on receipt of initial milestone i
payment
• 70% with membrane module shipping documents supplied to Carrier.
3 Price Validity
Prices quoted are valid up to thirty1301 doys after the date of issue of this proposal unless confirmed with a Purchase Order.
4 Bonds
Performance or payment Bonds are not included in the price. These bonds can be purchased on request but will be at
additional cost.
5 No Title to Process Materials
At no time will Seller be deemed to have taken title to Effluent Water, Influent Water, sewage sludge, Non-standard
Substances, Hazardous Materials, harvested fibers or any other materials or substances processed at the site or treated by
Seller pursuant to this Agreement Seller does not take responsibility for or provide waste characterization, disposal facility
selection, or disposal. Ashland is responsible for oil wastes and waste disposal from the plant. Wastes may include, but are
not limited to water system reject waste, used RO or ultrafiltrotion membranes, clean-in-place related wastes and
wastewaters, spent media, used granulated activated carbon, cartridge filters, equipment and consumables, lubrication/oil
contaminated debris/rags, other maintenance related wastes, lab analysis residuals, and office waste.
6 Purchase Order Guidelines
Please ensure that your Purchase Order has covered the following points. This will ensure accurate and prompt order entry,
product delivery, invoicing and accounts receivables processing and will prevent administrative delays for all parties.
❑ Legal Entity - Please be sureyour Purchase Order is issued in the name of the specific GE legal entity issuing this
proposal cited in Section 7, Item 1, Legal Entity for Contracting. We will be glad to work with your Purchasing
department to set this entity up as an approved Supplier/Vendor.
❑ Hard Copy- Our strong preference is to receive a hard copy of your Purchase order father than a PO number alone.
❑ Proposal Numberand Date - Please reference the 6 digit Proposal Number and the Proposal Date which are found in the
footer of each page.
❑ Price - State the total price you are accepting for this order.
❑ Taxes - Provide any required tax exemption certificates.
❑ Ship-To Address- Please clearly define the plant site address or delivery location and the Receiver's email & telephone.
Specify receiving hours and any special off-loading requirements.
❑ Delivery Date- Please includeyour requested delivery date or agreement start date.
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B - General Terms and Conditions of Sale
Note to PurchosingAgent The following are GE's standard set of commercial terms & conditions, written for moderate value
transactions to allow an efficient and rapid provision of services and parts. If these terms are not immediately acceptable,
please expect a typical 6-10 week cycle of mutual review to build agreement on changes. !
1) Definitions. All terms not defined herein shall be Mned in the Form of Agreement or the Special Conditions.
2) Exclusive Terms and Conditions. Together with any other terms the parties agree to in writing, these General Terms and
Conditions form the exclusive terms (*Agreement) whereby Buyer agrees to purchase, and Seller agrees to sell
Equipment and to provide advice; instruction and other services in connection with the sale of that Equipment
I'Services"), Notwithstanding any provisions communicated in any way by Buyer to Seller prior to this Agreement
including any terms contained in any request for quote by Buyer, Buyer agrees that this Agreement will control the
relationship by accepting Equipment and Services from Seller, even if Buyer sends to Seller other terms and conditions
to which Seller may not respond. This Agreement may only be revised by a change order approved in writing by both
parties.
31 Equipment and Services. The Equipment to be delivered and the Services to be provided shall be as set out in this
Agreement.
4) Prices and Payment. Buyer shall pay Seller for the Equipment and Services in accordance with the Payment Schedule.
Unless otherwise specified in writing, payment is due net thirty (30) days from the date of Sellers invoice. If Seller shall
have any doubt at any time as to Buyer's ability to pay, Seller may decline to make deliveries except on receipt of
satisfactory security. Seller may require a Letter of Credit or other payment guarantee, in which case the stated amount
of the guarantee will be adjusted by Buyer in the event of any currency-based adjustment to prices or payment amounts
per the Payment Schedule, and Buyer shall deliver the adjusted guarantee within five (5) days of request by Seller. Buyer
agrees to.reimburse Seller for collection costs, including 2% interest per month, should Buyer fail to timely pay. Buyer
shall have no rights to make any deduction, retention, withholding or setoff relating to any payments due under this
Agreement
51 Taxes and Duties. Unless expressly stated, the prices quoted herein do not include any taxes or duties. Buyer shall be
directly responsible, and reimburse Seller, for the gross amount of any present or future band, sales, use, excise, value-
added, or other similar tax or duty applicable to the price, sale or delivery of any Equipment or services furnished
hereunder. Buyer shall furnish Seller with evidence of tax exemption acceptable to taxing authorities if applicable.
6) Delivery. Unless otherwise specified in this Agreement, Seller shall deliver all Equipment to Buyer FCA (Incoterms 2010)
Sellers facility. The time for delivery of the Equipment to Buyer shall be specified in this Agreement Sellers sole liability
for any delay in delivery of the Equipment shall be as expressly set out in this Agreement. The place of delivery specified
herein shall be firm and fixed, provided that Buyer may notify Seller no later than 45 days prior to the scheduled
shipment date of the Equipment of an alternate point of delivery. Provided the parties agree to a change order to take
into account any additional cost or delay incurred by Seller in implementing this change, the alternate place of delivery
shall become the agreed place of delivery for all purposes under this Agreement Failure by Buyer to take delivery of the
Equipment shall be a material breach of this Agreement.
7) Title and Risk of Loss. Title and risk of loss to the Equipment shall be transferred from Seller to Buyer upon delivery in
accordance with this Agreement. Title and risk of loss to the Services shall pass as they are performed.
8) Shipment to Storage. If any part of the Equipment cannot be delivered when ready due to any cause not attributable to
Seller. Seller may ship such Equipment to storage. If such Equipment is placed in storage, then (il title and risk of loss
shall thereupon pass to Buyer if it had not already passed; (ii) any amounts otherwise payable to Seller upon delivery or
shipment shall be payable upon presentation of Sellers invoiceisk (iii) all expenses incurred by Seller, such as for
preparation for and placement into storage, handling, inspection, preservation, insurance, storage, removal charges
and any taxes shall be payable by Buyer upon submission of Sellers invoice(s); (vl the Services provided herein shall be
subsequently changed to the rate prevailing at the time of actual use and Buyer shall pay the net increase; and (vil when
conditions permit and upon payment of all amounts due hereunder, Seller shall resume delivery of the Equipment. i
9) Warrantiesand Remedies. Seller warrants that the Equipment shall conform to any specifications set out in this
Agreement and shall be free from defects in material and workmanship; and that the Services shall be performed with
the degree of skill which can reasonably be expected from a seller engaged in a comparable business and providing
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comparable services under comparable circumstances. Seller's warranty does not cover the results of improper
handling, storage, installation, commissioning, operation or maintenance of the Equipment by Buyer or third parties,
repairs or alterations made by Buyer without Seller's written consent, influent water which does not comply with agreed
parameters, or fair wear and tear.
Unless otherwise expressly provided in this Agreement, the foregoing warranties are valid: i
a, for chemicals and Services, for 6 months from their date of delivery or the provision of Services;
b. for consumables, including Filters and Membranes, 12 months from their date of delivery,
c. for Equipment other than chemicals and consumables, the earlier of, 15 months from delivery or shipment to
storage,-or 12 months from start-up/first use.
For Equipment not manufactured by Seller, the warranty shall be the manufacturer's transferable warranty only.
Any claim for breach of these warranties must be promptly notified in writing, and Buyer shall make the defective item
available to the Seller, or the claim will be void. Seller's sole responsibility and Buyer's exclusive remedy arising out of or
relating to the Equipment or Services or any breach of these warranties is limited to repair or (at Seller's option)
replacement of defective items of Equipment, and re-performance of defective Services. Buyer shall make maintenance
and operation records available to the Seller upon request during the warranty period.
Buyer is not entitled to extend or transfer this warranty to any other party. The foregoing warranties and remedies are
in lieu of and exclude all other warranties and remedies, statutory, express or implied, including any warranty of
merchantability or of fitness for a particular purpose.
Unless otherwise expressly stipulated in this Agreement. Seller gives no warranty or guarantee as to process results or
performance of the Equipment, including but not limited to product quality, flow, production, capacity, membrane life,
chemical consumption, regulatory compliance or energy consumption.
101 Buyers Responsibilities. Unless otherwise stipulated in this Agreement, the unloading, handling, storage and
installation of the Equipment shall be the responsibility of the Buyer. Seller will not control the actual operation of
either Buyers systems or the Equipment at the Site. Buyer shall also:
a. provide Seller with complete and accurate data concerning all relevant conditions at the Site, including but not
limited to any existing Buyer facility, equipment or processes, influent water or other substances to be treated or
measured with the Equipment;
b, operate and maintain its facility and all related systems in good operating condition and within the agreed
parameters or, if no parameters have been agreed, within generally accepted industry practice;
C. operate and maintain the Equipment in accordance with Sellers operations and maintenance manuals or where
such manuals are silent, in accordance with generally accepted industry practice.
If Buyers fails to fulfill the foregoing obligations, Seller shall be relieved of any obligations with respect to warranties or
any other commitments under this Agreement and Seller shall have no liability for any loss, damage or injury which
Buyer may sustain as a result. ---:25 by
111 General Indemnity, Seller shall indemnify andhold harmless Buyer from claims forphysicalda agetothirdparty pf'tS~a ~
n {
property or injury to persons, including death, to the extent caused by the negligence of Sell roritsoffcers.agents, 61z„y~„ AG
employees, and/or assigns while engaged in activities under this Contract. Purchaser shall ' ewaeindemnify and hold
harmless Seller from claims for physical damage to third party property or injury to persons, including death, to the 0 3o' zGU - 1
extent caused by the negligence of the Buyer, its officers, agents, employees, and/or assigns. In the event such damage 30' 3Ua
or injury is caused by thejoint or concurrent negligence of Seller and Buyer, the loss shall be borne by each Party in
proportion to its negligence. "Third party" shall not include Buyer or any future owner of the Equipment, their
subsidiaries, parents, affiliates, agents, successors or assigns including any operation or maintenance contractor, or i
their insurer. No portion of the Equipment is 'third party property" for the purposes of this Article.
121 Compliance with Laws and Permits. All permits and licenses which are required to construct, install and/or operate
Buyers facility or equipment, to use the Equipment, or to manage and dispose of any wastes and residues resulting from
Buyers use of the Equipment, shall be obtained and maintained by Buyer at Buyers sole expense. Buyer is responsible
for compliance with all laws and regulations applicable to the storage, use, handling, installation, maintenance, removal,
registration and labeling of all Equipment after delivery of the Equipment, as well as for the proper management and
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disposal of all wastes and residues. If any change in applicable laws, codes or standards occurring after the date of
Sellers proposal to Buyer requires a change to the Equipment or to the performance of the Services, and it is technically
feasible to comply with such change, the Seller shall be entitled to an equitable adjustment to price and schedule.
13) Site Conditions. Seller shall be entitled to assume that any data furnished by the Buyer concerning conditions at the Site
is accurate and complete, and reserves the right to utilize the most appropriate design compatible with generally
accepted engineering practices, and to make changes in details of design, manufacture and arrangement of Equipment
unless precluded by any limitations specified in this Agreement. Seller shall notify Buyer of (I) any conditions at the Site
which materially differ from those indicated in the data furnished by Buyer, (2) any previously unknown physical i
conditions at the site of an unusual nature, not revealed by previous investigations and differing from those ordinarily
encountered in the type of Work provided for in this Contract, and (3) the presence of any Hazardous Materials (as
defined below), unexploded ordinance, or archaeological remains. If such conditions cause an increase in Sellers cost or
in the time required for the performance of Sellers obligations, Seller shall be entitled to an equitable adjustment in the j
Contract Price and an extension in the time for performance. I
141 Hazardous Materials and Wastes. In the event that Seller encounters any Hazardous Materials (meaning toxic
substances, hazardous substances, pollutants, contaminants, regulated wastes, or hazardous wastes as such terms
may be defined or classified in any law, statue, directive, ordinance or regulations promulgated by any applicable
governmental entity) at the Site, other than Hazardous Materials introduced by Seller or that are otherwise the express
i
responsibility of Seller under this Agreement, Buyer shall immediately take whatever precautions are required to legally I
eliminate such Hazardous Materials so that the Sellers work under this Agreement may safely proceed. At no time shall
Seller be deemed to have taken title to or the responsibility for the disposal of any wastes, Hazardous Materials, influent
water, any resultant product streams, wastewater streams, cleaning materials, or any other materials or substances i
processed by the Equipment or otherwise located at the Job Site or the Project Site. Seller does not take responsibility
for and hereby expressly disclaims responsibility for the characterization of wastes, Hazardous Materials, or for the
identification or selection of disposal facilities for any wastes.
15) Excusable Delays. Seller shall not be liable nor in breach or default of its obligations under this Agreement to the extent
performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond the reasonable ;
control of Seller, including, but not limited to: acts of God, natural disasters, unusually severe weather, fire, terrorism,
war (declared or undeclared) epidemics, material shortages, insurrection, act (or omissions) of Buyer or Buyer's suppliers
or agents, any act (or omission) by any governmental authority, strikes, labor disputes, transportation shortages, or
vendor non-performance. The delivery or performance date shall be extended for a period equal to the time lost by
reason of delay or non-performance, plus such additional time as may be necessary to overcome the effect of the delay
or non-performance. If delivery or performance is delayed for a period exceeding 180 (one hundred and eighty) days.
either Party may terminate this Agreement without further liability provided that Seller shall be paid an amount equal
to that which would be payable to Seller under the Article entitled "Termination for Cause". If Seller is delayed by any
acts (or omissions) of Buyer, or by the prerequisite work of Buyers other contractors or suppliers, Seller shall be entitled
to an equitable adjustment in schedule, price and/or performance, as applicable.
16) Emergencies. If the safety of Sellers personnel is threatened or likely to be threatened by circumstances outside the
reasonable control of Seller, including but not limited to war, armed conflict, civil unrest. riots, terrorism, kidnapping,
presence of or exposure to hazardous materials, unsafe working conditions, or by the threat of such circumstances or a
lack of adequate protections against such circumstances, Seller shall be entitled to take all necessary steps to ensure
the security and safety of its personnel including the evacuation of personnel until such circumstances no longer apply.
171 Intellectual Property. Both parties agree to keep confidential the other party's proprietary non-public information, if any, I
which may be acquired in connection with this Agreement Buyer will not, without Sellers advance written consent,
subject Equipment to testing, analysis, or any type of reverse engineering. Seller retains all intellectual property rights
including copyright which it has in all drawings and data or other deliverables supplied or developed under this
Agreement,. Buyer acknowledges that Seller is in the business of selling the Equipment subject to this Agreement and ;
agrees that it will not file patent applications on the Equipment, or processes and methods of using the Equipment,
without Sellers express written permission. Buyer further agrees that in any event any such patents will not be asserted
against Seller or its other Buyers based upon purchase and use of such Equipment Seller grants to Buyer a non-
exclusive, non-terminable, royalty free license to use the intellectual property embedded in Equipment delivered to and
paid for by the Buyer, as well as any drawings, design or data delivered to and paid for by the Buyer, for the purposes of
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owning, financing, using, operating and maintaining the relevant Equipment at the Site. Such license may only be
assigned to a future owner of the Equipment or to on operations and maintenance subcontractor. Such licensed Des not
extend to the re-creation of the Equipment or the manufacture of spares or consumables by Buyer or third parties.
Any software Seller owns and provides pursuant to this Agreement shall remain Seller's property. Seller provides to
Buyer o limited, non-exclusive and terminable royalty free project-specific license to such software for the term of this
Agreement Buyer agrees not to copy, sub-license, translate, transfer, reverse engineer, or decode the software. Unless
otherwise expressly agreed by Seller, this license shall terminate and the software shall be returned to Seller upon
termination of this Agreement, or the material breach of the terms in this section.
Seller shall indemnify and hold harmless Buyer from any rightful claim of any third party that any Equipment or Service
infringe a patent in effect in the USA, an EU member state or country of delivery (provided there is a corresponding
patent issued by the USA or an EU member state), or U.S. copyright or copyright registered in the country of delivery. If
the Buyer notifies the Seller promptly of the receipt of any such claim, does not take any position adverse to the Seller
regarding such claim and gives the Seller information, assistance and exclusive authority to settle and defend the claim,
the Seller shall, at its own expense, either [il settle or defend the claim andpay all damages and costs awarded in it
against the Buyer, or Oil procure for the Buyer the right to continue using the Equipment or Service, or (iii) modify or
replace the Equipment or Service so that it becomes non-infringing, or (iv) remove the infringing Equipment and refund
the price. The above paragraph shall not apply to any Equipment which is manufactured to the Buyer's design, or to
alleged infringement arising from the combination, operation, or use of any Equipment or Services with other Equipment
or services when such combination is part of any allegedly infringing subject matter. The foregoing states the entire
liability of the Seller for patent infringement of any Equipment or Service.
SB) Limitations on Liability. Notwithstanding anything else contained in this Agreement, to the maximum extent permitted
by law, and regardless of whether a claim is based in contract (including warranty or indemnity), extra-contractual
liability, tort [including negligence or strict liability), statute, equity or any other legal theory:
a. The total liability of the seller for all claims arising out of or relating to the performance or breach of this
agreement or use of any equipment or services shall not exceed the total price paid by buyer under this agreement
or, in the case of an agreement for services with a term of more than one year, the annual price payable by buyer
under this agreement;
b. Seller shall not be liable for any advice, instruction, assistance or any services that are not required under this
agreement or for which seller does not charge buyer;
C. In no event shall seller be liable for any loss of profit or revenues, loss of production, loss of use of equipment or
services or any associated equipment, interruption of business, cost of capital, cost of replacement water or power,
downtime costs, increased operating costs, claims of buyers customers for such damages, or for any special,
consequential, incidental, indirect, punitive or exemplary damages;
d. All liability on the part of seller shall terminate at the expiry of the applicable warranty period.
For the purposes of this article, 'Seller' shall mean Seller, its affiliates, subcontractors and suppliers of any tier, and
their respective agents and employees, individually or collectively. If Buyer is supplying Sellers Equipment or Services to
a third party, Buyer shall require the third party to agree to be bound by this clause. If Buyer does not obtain this
agreement for Sellers benefit for any reason, Buyer shall indemnify and hold Seller harmless from all liability arising out
of claims made by the third party in excess of the limitations and exclusion of this clause.
19) Suspension by Seller. Seller shall have the right to suspend performance upon written notice to Buyer in any case where
Seller would have the right to terminate the Agreement under the following Article, without prejudice to Sellers right to
terminate this Agreement for cause. Any cost incurred by Seller in accordance with any such suspensionlinduding
storage costs) shall be payable by Buyer upon submission of the Sellers invoice(s). Performance of the Sellers
obligations shall be extended for a period of time reasonably necessary to overcome the effects of such suspension.
20) Termination for Cause. This Agreement and any performance pursuant to it may be terminated or suspended by either
Party, and the consequences of such termination shall be as set out in the next Article, if the other Party
a. becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed for the
benefit of its creditors, or files for protection from creditors under any bankruptcy or insolvency laws; or
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b. fails to make any payment when due or to establish any payment security required by this Agreement, or commits
a material breach or defaults in its material obligations under this Agreement, and such default is not cured within
thirty (30) days of written notice from the other Party.
211 Consequences of Termination. Upon the termination of this Agreement by Seller for cause, or by Buyer without cause,
Buyer shall pay to Seller within thirty 130) days of receipt of invoice the price of all Equipment or Services delivered at the
date of termination, plus an amount equal to all costs and expenses incurred in the engineering, sourcing, financing,
procurement, manufacture, storage and transportation of the Equipment including materials, work in progress and any i
cancellation charges assessed against Seller by Seller's suppliers including reasonable overhead and profit on all such II
costs and expenses. Alternatively, if any schedule of termination payments has been agreed between the Parties, Buyer
shall pay to Seller within thirty (30) days of receipt of invoice the amounts set out in that schedule.
22) Governing Law and Dispute Resolution (US Sales). This Agreement shall be governed by the substantive laws of the State j
Q(~q0(I ef4New4*k.In the event of adispute concerning this Agreement,the complaining party shall notify the other party in
writing thereof. Management level representatives of both parties shall meet at an agreed location to attempt to I
resolve the dispute in good faith. Should the dispute not be resolved within thirty 1301 days after such notice, the i
complaining party shall seek remedies exclusively through arbitration. The seat of arbitration shall be the federal i
s nc cou in hi{edelpi PA, and the rules of the arbitration will be the Commercial Arbitration Rules of the
American Arbitration Association, which are incorporated by reference into this clause. I
Governing Law and Dispute Resolution llntemational Sales) This Agreement shall be governed by the substantive laws
of England and Wales. In the event of any dispute arising out of or in connection with this Agreement, either party may
notify the other party in writing thereof, and management level representatives of both parties shall meet at an agreed
location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after
such notice, either party may refer the dispute to arbitration, and the dispute shall be finally settled by arbitration in
London in the English language under the Rules of Arbitration of the International Chamber of Commerce by one or
more arbitrators appointed in accordance with the said Rules.
23) No Nuclear Use. Save as expressly permitted by this Agreement, the Buyer warrants that it shall not use or permit the
use of the Equipment in connection with any nuclear installation or activity,. Seller shall have no liability whatsoever for
any nuclear or other damage, injury or contamination arising in connection with any such use.
24) Export Control. Buyer acknowledges that all US-origin equipment, software and data are potentially subject to US export
control laws and undertakes not to divert or re-export such items from the agreed final destination except in
accordance with those laws.
25) Global Sourcing. Seller may manufacture and source the Equipment and any part thereof globally in the country or
countries of its choosing, provided that the Equipment complies with all the requirements specified in this Agreement.
261 Changes. All changes to the Equipment or Services shall be subject to mutual agreement via a written change order or
variation, which shall only become effective once signed by both Parties.
27) Conflicts; Survival, Assignment If there is any conflict between this Agreement and any written proposal or quotation i
provided by Seller, then the terms and conditions set forth in this Agreement shall prevail. If any term or condition of
this Agreement or any accompanying terms and conditions are held invalid or illegal, then such terms and conditions
shall be reformed to be made legal or valid, or deleted, but the remaining terms and conditions shall remain in full force j
and effect, and this Agreement shall be interpreted and implemented in a manner which best fulfills our intended
agreement This Agreement may be assigned by Seller to any affiliate of Seller, but shall not otherwise be assigned by
either Party without the other Partys prior written consent, and any assignment without such'consent shall be void. l
. 28) No third party beneficiary. Except as specifically set forth in the Article entitled 'Limitations on Liability', this
Agreement is not intended to, and does not, give to any person who is not a party to this Agreement any rights to f
enforce any provisions contained in this Agreement. t
,29) Entire Agreement This Agreement embodies the entire agreement between Buyer and Seller and supersedes any
previous documents, correspondence or agreements between them. No modification, amendment, revision, waiver, or
other change shall be binding on either Party unless agreed in writing by the Party's authorized representative. Any oral
or written representation, warranty, course of dealing, or trade usage not specified herein shall not be binding on either
Party. Each Party agrees that it has not relied on, or been induced by, any representations of the other Party not
contained in this Agreement. !if
Ashland - Membrane Replacement ®GE August 31, 2012 595616 Page 16 of 21
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8 Seller's Warranty - ZeeWeed® Membrane Module
2 Year Full Replacement
This schedule sets out the warranty with respect to ZeeWeed® Membrane Modules ("Membrane Modules'). No other
warranties, expressed or implied are made in connection with the sale of these products, including, without limitoti on.
warranties as to fitness for any particular purpose or use or merchantability of these products. The warranty provided herein
will be the exclusive and sole remedy of Buyer, and in no event will the Seller be liable for any special, direct, indirect or
consequential damages, including, without limitation, loss of profits. This warranty is not transferable.
1 Product
This warranty applies to only the Membrane Modules supplied under the Contract of Sale. Membrane Module means a
complete Membrane Module. This warranty does not cover air piping to the Membrane Module, permeate piping from the
Membrane Module, piping connection fittings, connecting hardware and cassette frames with their associated components
including but not limited to spacers, aerator tubes, aerator assemblies, screen, module dummies or module blanks.
Identification: Membrane Modules are shipped by the Seller with a serial number identification which confirms their place in
the cohort set of Membrane Modules covered by this membrane Module warranty.
2 Seller
ZENON Environmental Corporation is the name of the Seller and is the Seller offering this warranty. The Seller may assign this
warranty to other GE affiliates.
3 Buyer
Buyer means The Cityof Ashland, Oregon.
4 Project
Project means either the membranes sold under this proposal N 595616.
5 Contract of Sale
Contract of Sale means the sales contract governing the sale of Membrane Module(s) for the Project between Buyer and the
Seller or its GE affiliate.
6 Scope of Warranty
The Seller warrants that its Membrane Modulels) will be free of defects due to faulty materials or errors in manufacturing
workmanship.
Regular Membrane Module inspection and normal fiber repair shall be the responsibility of Buyer.
All replacement Membrane Modules will be shipped on the basis of INCOTERMS 2010 EXW GE Manufacturing facility.
All ancillary costs including but not limited to bagging, boxing, crating, freight, freight insurance, applicable taxes, import
duties, brokerage, receiving, forklift services, storage at site, reattachment hardware, hose/clamp/comlock replacement,
crone services, installation, fiber repair materials, glycerin flushing, commissioning and waste disposal are the responsibility
of Buyer.
Full Replacement- Full Replacement means that in the case of a valid warranty claim for a Membrane Module failure, Buyer
receives a replacement Membrane Module and does not pay for the value of use of the Membrane Module prior to failure.
Prorated Replacement- Prorated Replacement means Buyer pays for actual use of a membrane module from which Buyer !
has derived value over time. Prorated Replacement allows the Seller to pay reasonable compensation under warranty for any
product use not enjoyed by Buyer due to premature failure. !
The ratio of Full Replacement to Prorated Replacement in this Warranty is set out in Item 8 of Section B.
Ashland - Membrane Replacement ®GE August 31.2012 595616 Page 17 of 21
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7 Warranty Start Date
For original membranes, this membrane warranty will start on the earlier of:
a. The date that installation of the original Membrane Modulels) has been substantially completed, or
b. Six months from the date of shipment of the original Membrane Module(s) to Buyer.
For replacement or expansion membranes, this membrane warranty will start on the earlier of:
a. The date of installation, or
b. 1 month from the date of deliveryto site.
8 Warranty Duration
Total Warranty Duration: a total of 24 months composed of a Base Period and an Extended Period.
Base Period with Full Replacement: 24 months
All purchasers of ZeeWeedm Membrane Modules are entitled to this Base Period of Full Replacement warranty coverage
without purchasing an extended Seller's Warranty.
Extended Period with Full Replacement: a total of 0 months following the Base Period
Replacement Membrane Modules are covered by warranty only to the extent of the warranty of the original Membrane
Module which has been replaced. At all events, this warranty shall expire and be of no force or effect 24 months following
the Warranty Start Date.
9 Notification of Claim
All claims filed under this warranty shall be made in writing by Buyer within 30 days of identifying a defect.
Buyer shall provide the following information:
11 A description of the defect giving rise to the claim;
21 Photographs showing the manufacturing defect;
31 The serial number(s) of the Membrane Module(s) which is fare) the subject of the warranty claim; and
4) Operating data and repair history for the life of Membrane Modules which are the subject of a warranty claim.
10 Verification of Claim
After receipt of written notification of a defect, the Seller will promptly undertake such investigations as, in the Seller's
opinion, are necessary to verify whether a defect exists. The Seller reserves the right to require additional data as necessary
to validate claims. Buyer may, in the course of these investigations, be requested to return Membrane Modulelsl to the Seller
for examination. The Seller may also conduct reasonable tests and inspections at Buyer's plant or premises. If the results of
the investigation do not validate the defect claimed, Buyer will reimburse the Seller for all reasonable expenses associated
with said investigation, including expenses for all tests, inspections, and associated travel.
11 Satisfaction of Claims
The Seller will have the right to satisfy claims under this warranty in aflexible manner. Such flexibility mayinclude therepair
of existing Membrane Modules or changes in operating protocols or Membrane Module replacement or by upgrading failed
Membrane Modules with newer Membrane Modulelsl that may embody design and efficiency improvements. Buyer consents
to the supply of replacement Membrane Modules which may be of a different design than original Membrane Modules.
12 Operating Information
To maintain the Membrane Module warranty, membrane system operation records from initial start-up date until claim must
be maintained by Buyer and made available to the Seller upon request. Records must be provided in sufficient detail to verify
uninterrupted compliance with the Seller's Operations and Maintenance Manual prepared by the Seller and supplied to Buyer
as part of the Contract. At a minimum, operation data must include information on feed water quality, temperatures, flows,
trans-membrane pressures, aeration rates, permeate quality, cleaning intervals, cleaning chemical concentrations, elapsed
time since start-up, relevant analytical data and reporting of any screen bypass events.
Ashland - Membrane Replacement ®GE August 31.2012 595616 Page 18 of 21
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Buyer shall maintain and share access too single reference copy in electronic form of a Membrane Module map containing
the history of activity by Membrane Module. Buyer shall log its procedures performed related to a membrane Module
including relocation of Membrane Modules, repairs, replacements and any other noteworthy events.
Buyer authorizes the Seller to conduct any reasonable review of operation and maintenance records or to inspect facilities
where Membrane Modules are installed, upon reasonable notice to Buyer. Such reviews and/or inspections are intended to
also assist the seller and Buyer in detection of membrane system faults and to optimize the care and operation of the
Membrane Modules.
13 limitation of Warranties
occurrence of any of the following as reasonably determined by the Sellerwill void this warranty:
a. A material failure to operate the membrane system in accordance with Seller's Operations and Maintenance
Manual supplied to Buyer as part of the Contract, including material failure to adhere to the Seller's specified
Membrane Module cleaning procedures and the use of anything other than Seller-approved Membrane Module
cleaning agents.
b. Failure to adhere to the preventive maintenance program as presented in the Seller's Operations and Maintenance
Manual.
C. Failure to ensure correct operation and/or functioning of the screening equipment.
d. Introduction of destructive foreign materials into the Membrane Module tanks. Destructive foreign materials may
include natural or human-made materials that are introduced into the membrane system influent channel or
tanks originating from construction and maintenance activities or from inadequate pretreatment or from aquatic
species including clams and snails orfrom damage to the tank or tank coating. Sand and other materials that are
naturally present in the influent will not be considered destructive foreign materials. Buyer shall be responsible to
maintain correct function of the screen mechanism and to flush tanks of accumulated sand at the tank bottom.
e. Failure to install and maintain operating data acquisition and electronic data transmission functions at the plant
f. Physical abuse or misuse, incorrect removal or installation of membrane Modules by non-Seller personnel
including fiber damage caused by operator error in handling of Membrane Modules or cassettes.
g. Unauthorized alteration of any components or parts originally supplied by the Seller.
h. Intentional damage.
14 Return Procedure
in the event that the return of a Membrane Module is required pursuant to this warranty, Buyer will first obtain a Return
Goods Authorization IRGA) number from the Seller. Membrane Module(s) shipped to the Sellerfor warranty examination must
be shipped freight prepaid. If Buyer desires temporary replacement Membrane Module(s) to replace those alleged to be
defective and returned to the Seller for warranty examination, Buyer shall be responsible for the cost associated with any
such replacements until examination of the returned Membrane Modules pursuant to this warranty is complete. Any
Membrane Module examined by Seller as part of a warranty claim where the Membrane module is subsequently found to be
performing as warranted or where a Membrane Module failure is not covered under the warranty will be returned to Buyer,
freight collect
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9 Signed Agreement
Ashland and GE acknowledge that they have read and understood this Agreement and agree to be bound by the
terms and conditions specified in it.
Offered by ZENON Environmental Corporation Accepted by The City of Ashland, Oregon
Legal Entity: Also known as GE or Seller Legal Entity: Also known as Ashland or Buyer
Authorized Jim Imrie Authorized
Signature By: Signature By:
Title: Manager, Global Lifecycle Services Title:
Signature Signature
Date: Date:
Signature: x Signature:
x
Purchase Order No:
Agreement Start Date:
Upon acceptance of this proposal, please forward the following either •by Jimlmrie Jim.lmrie@ge.com
email with.pdfattachments or •by postal mail or •by fax. Manager, Global Lifecycle Services
1) this signature page completed to: GE Water & Process Technologies
2) a hard copy ofyour purchase order, and 3239 Dundas Street West,
31 any required tax exemption certificates Oakville, Ontario; Canada L6M 4B2 j
Fax No.: 905 465-3050
When both signatures have been made, a scanned copy of the Agreement will be emailed with the order acknowledgement to Ashland.
fm v, tp...,,,rP'C ho- rral a ,•,.nw..id FiKai21 iat
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Ashland - Membrane Replacement ®GE August 31, 2012 595616 Page 20 of 21
Attachment A ZeeWeed.0 500d Cassette Fact Sheet
GE Power & Water
Water & Process Technologies
ZeeWeed*
500D Cassette
4
t ~ •5 I
~ < 1 '+ryLY
L F t • y~f$}
r~ 3 44 'A
j( T 4
5 to
a - r !
-111 -
•
Width (At Length (B) Height(Cl
Product mm NO mm (in) turn 11n) a.
64M
1.745 (68.71 2,112(a3.1) 2536 (99.81 1
48M
20M 2.50419&61
16M ,
20M5 738129.11 1.744' 168.71 b ! . _
f.
36Ms 2.141(84.3)
Note: Drawing of 48M Cassette
Cassette Tie-Points &Weights
leox. 8 i
Max. N of 2VJ Min, of Permeate Pt. 9 Liftin Wei
Application Product l9otlultx 2W Moddules Connecio nection Air Connection We,, ht' n kg llblhl'-
k 1161
48M 48 24 1 x 6' pert. pipe 2 x 3' pipe 1.729 1.959 - 4.06+
13.8121 (4.320 - 9,039)
MR 16M 16 8 1r, 4-FNPT half coupling 714 756-1,464
1 x 3- F14PT half (15741 11.667 - 3.254)
16M5•" 16 8 2x FNPT half coupling coupling 677 1•366
11.4931 12.9461
64M 64 32 !x 8'horz. Rpe 2x3-pipe 21033 2.375-4,380
14.4831 (5237 - 10.009)
Non-1,18R 20M 20 30 I x 4- FNPl hat(coupling 800 870-1.553
IxYFNK half (1.7641 11.918-3.534) j
20Ms- 20 10 2x. FNPT half coupling coupmg 754 1.509
(16621 135271 i
Crated with movnnum number of modules 1
• • Vories with number of modules, module surface area and solids accumulation
16Ms and 20Ms are intended for retrofit applicaduns, a version with o 1 x a- FMPT permeate connection is available as a custom order
ZENON Membrane solutom Wobal Headquarter,
Cbkville.Onario. COnoda 71ew,. PA
1-905-<65-5030 -1-215-355-35M
J ax•.vgexoteccam
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CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Michael Faught. Public Works Director
Date: November 6, 2012
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Pub] ic Works Department, Wastewater Treatment Plant
2. Department Contact Name: David Gies
3. Type of Request: X Class Special procurement Contract-specific Special Procurement
4. Time Period Requested: From To:
5. Total Estimated Cost: $864,540.00
6. Short title of the Procurement: Membrane Filter Replacement
Supplies and/or Services or class of Supplies and/or Services to be acquired:
The City of Ashland wastewater treatment plant needs to replace failing membrane filters in order to
meet the established regulatory requirements for phosphorous removal. These requirements are
established under the current National Pollutant Discharge Elimination System permit (NPDES). The
City of Ashland needs to purchase new membrane filters fi-om GE Water and Process Technologies iu
order to replace the failing ones within the membrane treatment system. The City is seeking to
purchase ten new ZeeWeed 550d-350 filtration modules. The filter modules represent a very important
component in the treatment system. If the City of Ashland fails to meet the treatment requirements of
the NPDES permit it can be fined by the Department of Environmental Quality (DEO).
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Fo ms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: Direct Award.
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
This is a special procurement for goods due to the fact that GE Water and Process Technologies
manufacture the only membrane filters that are known to work directly with the existing membrane
filtration system. There is another manufacturer of membrane filters, but the City of Ashland's
consultant engineer handling wastewater items informed the City that their would be additional studies
and rre-desitm that would need to be accomplished to verify if the membranes would work within the
confines of the existing system. In addition, the membranes from the other manufacturer create a
decrease in square-footage and thus a reduction in treatment ability. The treatment plant currently uses
ZeeWeed 500c-220 and -250 membranes in its treatment trains without issue. Currently their can be a
lead time of 90-120 days for arrival of the membrane filters after purchase. The membranes need to be
installed and tested by April 2013 in order to go online in May of 2013. The membranes need to be
online from May to November of each year in order to meet the phosphorous removal requirements.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
GE Water and Process Technologies currently manufacture the existing filter membranes at the
treatment plant and have the ability to deliver the product in the time frame necessary in order to meet
rc ulatorv requirements.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
_X_ (b)(i) will result in substantial cost savings to the contracting agency or to the public
because:
By not having to do additional engineering studies/pre-design for the other membrane filtration
manufacturer that could create additional costs for system changes and meeting the timelines required
byregulatory issues the City of Ashland will generate a cost savings.
(Please provide ere total estimate cost savings to be gained and the rationale for determining the cost savings); or
_X_ (b)(u) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065,
or 27913:070, or any rules adopted thereunder because:
The GE membrane filters are a known commodity that work directly within the existing treatment
system. The additional cost, time, reduction in capacity and possible DEO fines possible associated
with choosing the other manufacturer would not be in the City's best interest.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
i
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive seated Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement-and shall give such public notice of the approval of a Special Procurement at
least seven (7) Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow.for the seven (7) day protest period.
Date Public Notice;fust appeared on www.ashland.ormS -11.7-2012
PUBLIC NOTICE
Approval of a Special Procurement j
I,
First date of publication: 11-7-2012
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on.] 1-6-2012
i
The class special procurement was processed to purchase ten new Zee Weed 500d-350
Filtration Modules. The filtration modules represent a unique component at the City of
Ashland's wastewater treatment plant. They provided for phosphorous removal from May
to November of each year. The removal of phosphorous is a requirement of the current
National Pollutant Discharge Permitfor the City of Ashland.
I
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065;or 279B.070.
i
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland, Scott Fleury, Engineering, 51
Winburn Way, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on
November lf2012.
i
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
I
i
i
I
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
FEMA 2012 Community Resilience Innovation Challenge Grant Request
FROM:,
John Karns, Fire Chief, Ashland Fire and Rescue, karnsj@ashland.or.us
SUMMARY
Ashland Fire & Rescue seeks approval to apply for the FEMA Community Resilience Innovation
Challenge Grant. This grant will fund a project that will encourage and empower community members
to become actively involved in community resiliency and preparedness through a hybrid Firewise
Communities and Map Your Neighborhood (MYN) collaboration.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland Firewise Communities and Ashland CERT's MYN desire to collaborate and integrate these
highly successful neighborhood-based programs creating one product that can be utilized in any
geographic area. This program will be known as Map Your Firewise Neighborhood (MYFN). MYFN
will provide citizens with tools and capabilities to effectively aid their small neighborhood
communities in mitigating both wildfires and other natural and manmade disasters. This partnership
effectively addresses the needs of independent neighborhoods while reducing their vulnerabilities and
creating a resilient community subgroup. The grant will fund materials, maketing, and personnel for
the program.
FISCAL IMPLICATIONS:
Grant request is for $35,000, no match required.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the approval of grant application request for the FEMA Community Resilience
Innovation Challenge.
SUGGESTED MOTION:
Move to approve Ashland Fire & Rescue's grant application submittals for the FEMA Community
Resilience Innovation Challenge.
ATTACHMENTS:
None
Page I of 1
~r,
CITY OF
ASHLAND
Council Communication
November 6, 2012 - Business Meeting
Liquor License Application
FROM:
Barbara Christensen, City Recorder, christeb@ashland.or.us
SUMMARY
Approval of a Liquor License Application from Alyssa Brooks dba 7-Eleven at 1281 Siskiyou Blvd.
BACKGROUND AND POLICY IMPLICATIONS:
Application is for a change in ownership.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
SUGGESTED MOTION: -46 ~ " ' I&IS
Under Consent agenda item, a motion to approve liquor license for a s ism, ( J
ATTACHMENTS: U V "
None
Page 1 of I
I`,
CITY OF
ASHLAND
Council Communication
November.6, 2012, Business Meeting
Special Procurement for the Purchase of Badger Water Meters
FROM
Steve Walker, Water Distribution Supervisor, steve.walker@ashland.or.us
SUMMARY
This "contract-specific special procurement" will allow the water department to procure Badger water
meters with Itron radio reads directly from General Pacific. The water department procures and
replaces various sizes of water meters on an as needed basis. Badger water meters have been the City's
standard water meter since 2007, and they continue to be reliable and durable resulting in low
maintenance costs and fewer change outs.
BACKGROUND AND POLICY IMPLICATIONS:
A special procurement is used for the purpose of seeking an exemption from the competitive bid
process, custom designing a contracting approach, or the direct selection or award of a public contract
or for a series of contracts. The attached and completed special procurement, approval request-form is
attached for your review and consideration.
AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or
Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model
Rules except for the following:
G. Special Procurements - a public contract for a class special procurement, a contract specific
procurement or both, based upon a contracting procedure that differs from procedures
described in ORS 27913.055, 279B.060, 27913.065, 279B.070. The contracting approach may be
custom designed to meet the procurement needs.
1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other
applicable provisions of law.
It is important to note that the public works department is requesting authorization to continue
purchasing Badger water meters with Itron radio frequency transmitters. The difference between the
radio frequency water meter and an electric water meter is that the water meter is in meter boxes that
are typically buried in public right of way 10 to 18 inches deep and they have an output power rating of
10 milliwatt as opposed to the electric meter which is located near the residential home with a
transmitter which has 100 milliwatt of output power.
The goal of the program is to have radio frequency transmitters installed in all 8,749 water meters.
This would reduce the time it takes to read water meters. Currently 998 of the 8,749 water meters have
the Itron radio frequency transmitter.
Page I of 2
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
The annual cost for water meters ranges from $40,000 to $100,000 with the average being $75,000.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Staff recommends that the "contract-specific special procurement" be approved.
SUGGESTED MOTION:
The Council, acting as the local contract review board, moves to approve the contract-specific special
procurement for Badger water meters with Itron radio reads.
ATTACHMENTS:
1. Form #9, Special Procurement, Request for Approval and Written Findings
2. Badger Meter Distributor Authorization Letter
3. Itron Distributor Authorization Letter
Page 2 of 2
~r,
CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Mike Faught, Public Works Director
Steve Walker, Water Distribution Supervisor
Date: November 6, 2012
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Water Department
2. Department Contact Name: Steve Walker, Water Distribution Supervisor
3. Type of Request: Class Special Procurement X Contract-specific Special Procurement
4. Time Period Requested: From November 15, 2012 To: November 15, 2017
5. Total Estimated Cost: Average cost per fiscal year is approximately $75.000
6. Short title of the Procurement: Badger Water Meters w/hron Radio Reads
Supplies and/or Services or class of Supplies and/or Services to be acquired:
This Contract-specific Special Procurement is being requested to purchase Badger Water Meters
(currently, City standard water meter) with Itron radio reads directly from General Pacific for a term
of five years. The Water Department procures and replaces various sizes of water meters on an as
needed basis. The annual cost for water meters ranges from $40,000 to $100,000 with the average
being $75,000 per year.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: Badger water meters became the standard water meter in 2007 for the Water
Department based on the cost results and comparisons obtained at that time. The Badger water meters
were the least expensive water meters that satisfied the City's water distribution system requirements
Form #9 - Special Procurement- Request for Approval, Page 1 of 3,10/31/2012
at that time and continue to be the City's standard water meter. Secondary to the purchase of water
meters is the acquisition of Itron radio reads for the water meters to be compatible with the City's Itron
meter reading equipment and software.
There are two parts to this procurement. The acquisition of water meters (direct award for this
manufacturer's meters) and the secondary acquisition of Itron meter reading equipment (sole source
for the acquisition of compatible meter reading equipment).
Proposed procedure:
The proposed sourcing method is "direct award" to General Pacific for Badger water meters and Itron
meter reading equipment.
Per the attached letter from Badger Meter, General Pacific of Portland, Oregon is the only authorized
distributor for Badger Meter products for the state of Oregon.
Per the attached letter from Itron, General Pacific is Itron's sole authorized stocking distributor for
selling and supporting Itron's equipment and software.
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
Badger water meters have been consistently reliable and durable in all applications resulting in low
maintenance costs and fewer change-outs.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Other water meters were used in the past, but as of 2007 Badger water meters have been the Cites
standard water meter.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
X (b)(i) will result in substantial cost savings to the contracting agency or to the public
because:
Badger water meters have been consistently reliable and durable in all applications resulting in low
maintenance costs and fewer change-outs.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
X_ (b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 27913.065,
or 279B.070, or any rules adopted thereunder because:
It is in the City's best interest to continue using Badger water meters because the meters have been
consistently reliable and durable in all applications resulting in low maintenance costs and fewer
change-outs.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Form #9 - Special Procurement - Request for Approval, Page 2 of 3,10/31/2012
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven (7) Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow for the seven (7) day protest period.
Date Public Notice fast appeared on www.ashland:or.us - November 7, 2012 [1fapproved by Council,
November 6, 2012]
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: November 7, 2012 [If approved by Council, November 6, 2012]
A request for approval of a Special Procurement was presented to and approved by the City
Council, acting as the Local Contract Review Board, on November 6, 2012. [Ifapproved by
Council November 6, 2012].
This Contract-specific Special Procurement allows the City's Water Deparhnent to purchase
Badger water meters with Itron radio reads directly from General Pacific. General Pacific is the
"authorized and sole distributor 'for Badger Meters and Kron metering products in Oregon.
Badger water meters have been consistently reliable and durable in all applications resulting in
low maintenance costs and fewer change-outs. And, the Pron meter reading equipment is required
for compatibility with the existing system. If the factors justifying the use of this Contract-specific
Special Procurement remain the same, water meters will continue to be purchased on an as
needed basis from General Pacific as approved in this Contract-specific Special Procurement until
November 15, 2017.
It has been determined based on written findings that the Special Procurement will be unlikely to
encourage favoritism in the awarding of public contracts or to substantially diminish competition
for public contracts, and result in substantial cost savings or substantially promote the public
interest in a manner that could not be realized by complying with the requirements that are
applicable in ORS 279B.055, 279B.060, 279B.065, or 2796.070.
An affected person may protest the request for approval of a Special Procurement in accordance
with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following
address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue,
Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on November 15, 2012. [If
published on November 7, 2012, it will expire November 15, 20121
This public notice is being published on the City's Internet World Wide Web site at least seven
days prior to the award of a public contract resulting from this request for approval of a Special
Procurement.
Form #9 - Special Procurement- Request for Approval, Page 3 of 3,10/31/2012
P4545 W O Box Brown OM Road
Badger Meter P°x''45036
Mih4auke . Wisconsin 53724.9536
414-355-04001800-876-3S37
rvwsv.6atlgermeeeccom '
April 12, 2012
Karl Olsen,
Purchasing Director
City of Asland
90 N. Mountain Street
Ashland, OR 97520
Subject: Sole Source Certification
Badger Meter, Inc., does hereby certify that General Pacific of Portland, Oregon is the only authorized
distributor for Badger Meter products for the states of Washington, Oregon, and Northern Idaho.
You may contact Lori Teel or Jon Koch at General Pacific for local support of your Badger Meter needs.
General Pacific
5600 NE 122nd Ave.
Portland, OR 97230
1-800-547-9744
Sincerely,
Theresa M.Szafranski
Assistant Secretary
/tr6n
KwWeuye to Shape Your Fulute
April 1 I`h, 2012
Kariann Olson
Purchasing Representative
City of Ashland
90 N. Mountain Ave.
Ashland, Oregon 97520
Dear Ms. Olson, ,
This letter is intended to clarify Itron sales representation for all data collection hardware and software for
water utilities in the states of Alaska, Central and Northern Idaho, Oregon and Washington.
General Pacific, Inc. (GenPac) has a long history with Itron in serving public power and water utilities.
GenPac is our sole authorized stocking distributor for selling and supporting Itron's Choice Connect data
collection and data analysis solution suite that includes software, handhelds, mobile collectors and fixed
network data collection devices. This also includes Itron ERT modules integration with many quality
meter manufacturers.
For over 30 years, Itron, the industry leader in advanced meter reading (AMR) and advanced
infrastructure (AMI) solutions, has been developing and producing technologies in the United States. This
includes the manufacture of more than 84 million ERT modules. Itron is proud of our commitment to
continue building our products in the United States. Itron's worldwide corporate headquarters is located
in Liberty Lake, Washington. On behalf of more than 3,500 Americans working at Itron's factories and
headquarters in the United States, thank you for choosing Itron products for your core operation systems'
success.
Itron and General Pacific believe we offer the best value for your present and future AMR/AMI
requirements.
We sincerely thank you for your trust and business.
Regards,
Deanna Henderson
Account Manager
2111 North Molter Road tel 509-924-9900
Liberty Lake, WA 99019 fax 50991-3355
www.itron.com toll-free800-635-5461
CITY OF
-ASH LAN D
Council Communication
November 6, 2012, Business Meeting
Ordinance amending the City of Ashland Comprehensive Plan to adopt the
Housing Needs Analysis as a Technical Supporting Document
FROM:
Linda Reid, Housing Program Specialist, Planning Department, reidl@ashland.or.us
SUMMARY
Upon adoption, the updated Housing Needs Analysis (HNA) becomes a technical supporting document
to the Ashland Comprehensive Plan and will provide a basis for future legislative decisions and
identify potential actions for the city's housing program. The City of Ashland is not held to the state
planning requirement to undertake a periodic review of housing need as the Oregon Revised Statutes
(ORS197.296) only applies to communities with a population of 25,000 or more. However, as a guide .
to providing for Ashland's current and future housing needs, an updated HNA, in combination with a
Buildable Lands Inventory (BLI), is a useful tool in evaluating the appropriate distribution of units by
housing type in consideration of changing demographics. Together these documents can be used to
assist elected and appointed officials and staff by informing policy decisions with regard to population
growth, housing development, economic development, redevelopment, annexation and overall growth
management.
BACKGROUND AND POLICY IMPLICATIONS:
In 2002, ECONorthwest prepared an HNA which detailed housing and demographic inconsistencies
within the current housing stock and projected future need based on the Oregon Housing and
Community Services Housing Needs Model. In 2007 a Rental Needs Analysis was completed to
assess the needed rental housing types based on demographic information about Ashland households
including size, age, and incomes. This Rental Needs Analysis supplemented information in the HNA.
All of these studies attempt to project future land needs relative to the existing supply of land suitable
for development.
The 2012 HNA, attached to this communication, aims to quantify projected housing needs through the
year 2040, and compares those demographic needs with the currently available lands within the City's
Urban Growth Boundary. The 14NA update was completed using the Housing Needs Model, which
specifically links income and age characteristics to the need for various housing types by price,
density, and location throughout the community. A summary of the methodology used to update the
City's HNA is more fully detailed in the staff report attached.
The 201214NA provides a projection of housing need based on past, current, and future demographic
trends and relates the housing needs of those future populations to the reality of Ashland's available
land inventory based on data from the BLI. The HNA then identifies strategies to achieve the desired
outcome to meet projected future needs by housing type, tenure, and cost. The HNA does not establish
Page 1 of 2
CITY OF
ASHLAND
new policy but rather provides a framework for future discussions around the City's existing and
potential land use policies in relation to the population's future housing needs.
The Housing Commission reviewed the draft 14NA at its regular meeting on July 25`h. The Planning
Commission reviewed the draft HNA at a study session on August 8th and at a public hearing held on
October 9`h. The Planning Commission forwarded a recommendation to the Council to approve the
HNA with proposed clarifications that have been included in the draft as presented to the City Council.
The clarifications are included in the final document and are further detailed in the Ordinance
presented for adoption at First Reading. Specifically, the Planning Commission recommended
clarification of the current 60 year affordability requirement for annexations and zone changes, more
detailed information on Southern Oregon University student population, and recognition that buildable
properties inventoried in the BLI are often too small to accommodate large scale developments, which
was identified as a needed housing type in the HNA. Several non-substantive format and grammatical
revisions and clarifications have been included in the whereas clauses of the final ordinance which
differ from the ordinance which was provided to the Council, the City Administrator and the Legal
Department on October 23`d. These changes have been shown with underlines and strikethroughs on
the copy included in the packet. Lastly, upon legal review it was suggested that future updates to the
HNA only be adopted by ordinance rather than by resolution as stated in the staff report.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff would recommend that the Council adopt an Ordinance amending the City of Ashland
Comprehensive Plan to adopt the updated Housing Needs Analysis as a supporting technical
document.
SUGGESTED MOTION:
Move to adopt an Ordinance amending the City of Ashland Comprehensive Plan to adopt the updated
Housing Needs Analysis as a supporting technical document.
ATTACHMENTS:
Housing Needs Analysis Ordinance
2012 Housing Needs Analysis Update (this item can be found on-line here:
http://www.ashland.or.us/SIB/files/2012-2040°/u20HNA-CC_20121106(1).pdf)
Chapter VI [Housing Element] Appendix A, entitled "Technical Reports and Supporting Documents"
Housing Commission Minutes, July 25, 2012
Planning Commission Study Session Minutes, August 28, 2012
Planning Commission Minutes, October 09, 2012
Planning Commission Staff Report, October 09, 2012
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND
COMPREHENSIVE PLAN TO ADOPT THE HOUSING NEEDS
ANALYSIS AS A SUPPORTING DOCUMENT TO THE CITY OF
ASHLAND COMPREHENSIVE PLAN
Annotated to show ae'a~s and additions to the code sections being modified. Deletions are
bold lined4hfouo and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); at3d
WHEREAS, the Ashland Comprehensive Plan contains policies regarding the availability of
adequate numbers of housing units at price ranges and rent levels which are commensurate with
the financial capabilities of Oregon households;
WHEREAS, the Housing Needs Analysis (2012) reflects the projected housing need in
comparison to the supply of developable land within the Ashland City Limits and Urban Growth
Boundary based upon specific land classification and constraints to development according to the
Buildable Lands Inventory adopted in 2011;
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
Housing Needs Analysis 2012 recommended it is an amendments to the Ashland Comprehensive
Plan at a duly advertised public hearing on October 9, 2012 and, following deliberations,
recommended approval of the Housing Needs Analysis upon amcFx¢mcnt modification to include
information about the student population and information on the 60-year annexation and zone
change programs;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on November 6, 2012; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
Page I of 2
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Comprehensive Plan in the manner proposed, that an adequate factual base
exists for the amendments, the amendments ere is consistent with the comprehensive plan and
that such amendments are is fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The City of Ashland Comprehensive Plan Appendix entitled "Technical Reports
and Supporting Documents" is attached hereto and made a part hereof as Exhibit B. Previously
added support documents are acknowledged on this Appendix.
SECTION 3. The document entitled "The City of Ashland Housing Needs Analysis, (2012),"
attached hereto as Exhibit A, and made a part hereof by this reference is hereby added to the
above-referenced Appendix to support Chapter VI, [HOUSING ELEMENT] the Comprehensive
Plan.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City
Comprehensive Plan and the word "ordinance" may be changed to "code", "article", "section",
or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided
however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 5-6) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this - day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 2 of 2
Exhibit B
Appendix A: Technical Reports and Supporting Documents
City of Ashland, Oregon Comprehensive Plan
Periodically, the City may choose to conduct studies and prepare technical reports to adopt by reference within
the Comprehensive Plan to make available for review by the general public. These studies and reports shall not
serve the purpose of creating new city policy, but rather the information, data and findings contained within the
documents may constitute part of the basis on which new policies may be formulated or existing policy
amended. In addition, adopted studies and reports provide a source of information that may be used to assist
the community in the evaluation of local land use decisions.
Chapter II, Introduction and Definitions
The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan,
Chapter II, Introduction and Definitions.
1. Croman Mill Site Redevelopment Plan (2008) by Ordinance 3030 on August 17, 2010
Chapter IV, Environmental Resources
The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan,
Chapter IV, Environmental Resources.
1. City of Ashland Local Wetland Inventory and Assessment and Riparian Corridor Inventory (2005/2007) by
Ordinance 2999 on December 15, 2009.
Chapter VI, Housing Element
The following reports are adopted by reference as a support document to the Ashland Comprehensive
Plan, Chapter VI, Housing Element.
1. City of Ashland: Housing Needs Analysis (2012) by Ordinance on
Chapter VII, Economy
The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan,
Chapter VII, The Economy.
1. City of Ashland: Economic Opportunities Analysis (April 2007) by Ordinance 3030 on August 17, 2010
Chapter XII, Urbanization
The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan,
ChapterXll, Urbanization.
1. City of Ashland: Buildable Lands Inventory (2011) by Ordinance 3055 on November 16, 2011.
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
July 25, 2012
CALL TO ORDER
Chair Regina Ayars called the meeting to order at 4:30 p.m. at the Council Chambers located at 1175 East Main St.
Ashland, OR 97520.
Commissioners Present: Council Liaison
Regina Ayars Carol Voisin
Brett Ainsworth
Barb Barasa Staff Present:
Evan Lasle Linda Reid, Housing Specialist
Ben Scott Brandon Goldman, Senior Planner
Commissioners Absent
Richard Billin
APPROVAL OF MINUTES
Lasley/Scott m/s to approve the minutes of the June 27, 2012 regular Housing Commission meeting. Voice Vote:
All Ayes minutes were approved as presented.
FAIR HOUSING ORDINANCE REVIEW/UPDATE
Reid presented the Fair Housing Ordinance draft having received it back from the City Legal Department. Most of
the changes were minor with the exception of section "N" Fair Housing Officer. The Legal Department suggested
that the City Attorney, the City Administrator, the Municipal Judge and the Director of Development meet together
and discuss who should be the designated Fair Housing Officer and serve in that role. Currently it is the City
Attorney. Since that meeting has not taken place the agenda item has been bumped from the August City Council
meeting and Reid is not sure when it will go forward. Reid will bring it back to the Housing Commission once the
amendment has been made. At this point all Fair Housing complaints that come to the City get evaluated by Reid
and then are referred to BOLI with the State or to HUD with the Federal Government. Reid did not believe that the
City Attorney has had to act in this capacity in the past.
PRELIMINARY REVIEW OF THE DRAFT 2012 HOUSING NEEDS ANALYSIS
Reid explained that the Housing Needs Analysis serves a couple of purposes. This report gives the City a look at
what the housing needs and demands are within the community and match those up with our inventory of land.
ORS 197.267 requires that cities of a certain size undertake a Housing Needs Analysis periodically. Ashland is not
large enough to be compelled to do a Housing Needs Analysis. we do it so we can help the elected and appointed
officials plan and prepare for housing needs, stated Reid.
This draft will be presented next to the Planning Commission at a study session followed by a public hearing at
both the Housing Commission and the Planning Commission and then on to the City Council. This analysis will be
useful in terms of reviews with planning actions and would be adopted by the City Council as an appendage to the
Comprehensive Plan. This draft is still in the preliminary stages but Reid would like some feedback from the
Commissioners.
1
The Commissioners discussed the potential land use strategies for addressing key housing issues identified in the
2012 Housing Needs Analysis. One topic discussed was the evaluation of parking requirements and potential
reductions to promote smaller unit sizes. Goldman said a recent change to parking standards was made city wide
with the Pedestrian Places Overlay Zone. A unit 500 square feet or less does not need additional parking spaces
and an increase to on street parking was made. An allowance was also made allowing seven bike parking spots to
substitute for automobile parking which would most benefit places such as apartments.
The Commissioners inquired if Southern Oregon University expects to fill all the new Dormitory rooms being built
off of Walker Street. They questioned the need for so many units taking into consideration the current enrollment.
The college owns many private rental properties which are not included in the count. Would this create vacancies
with those homes when the dorm rooms are filled, asked the Commissioners? Goldman stated that none of the
SOU owned units are indicated in their 2020 master plan as going into market rate housing. Reid stated that
Census data used to compile the housing information in the Housing Needs Analysis does take into account SOU
multi-family rental properties and counts the dorms as group housing.
The Commissioners agreed when Reid presents this draft to City Council she needs to focus on the
recommendations that staff is making in order to help address the housing issues. What kind of housing are we
going to need to accommodate the future population of Ashland?
The Housing Needs Analysis shows that homeownership rates in Ashland lag behind that of Medford, Jackson
County and the State of Oregon. Ownership and rental rates are more of a 50/50 split in Ashland rather than a
60/30 ownership to rental rate which it the average for the County and the State.
The chart on page 65 of the HNA shows a simple breakdown of existing units. If development continues as it has
historically, the City will be looking at a deficit of rental units by 2040. The main purpose of the chart is to determine
if the City has enough land in each zone to accommodate the development of needed housing types.
The Commissioners will take the opportunity to continue to review the Housing Needs Analysis and then get back
with Reid with any comments or recommendation of changes. After that it will go to a public review before the
Planning and Housing commission.
CLAY STREET REVIEW DISCUSSION
The Commissioners reviewed the three options for the property located at 360 Clay Street.
• Land Bank until current land values increase.
• Sell the land for Market Value
• Solicit a proposal for an affordable/mixed-income development
The Commissioners recommended that Reid does a survey of housing providers to see what their future plans
might be. At one point Jackson County Housing Authority was interested in developing the property.
Reid said that Oregon Housing announced their 2012 consolidated funding cycle awards last week. Access was
fully funded for their six unit Hyde Park project located in Ashland on Dollarhide. The Southern Oregon region
received a large amount of the funding. Reid said a wide variety of funding is available through the State of Oregon,
HUD (Federal Government), Oregon Trust fund money, Home Money, low income tax credits, Oregon affordable
tax credits.
After Reid surveys the Housing providers the Commissioners will discuss at next month's regular meeting in August
the options and make a recommendation to go to the City Council.
Scott/Lasley m/s to move the Housing Commission meeting to the Siskiyou Room at the department of Community
Development and Engineering located at 51 Winburn Way. Voice vote; All Ayes, motion passed. The meeting will
be at 4:00 p.m.
2
SECONDARY GOAL DISCUSSION
Two of the Housing Commission secondary goals are looking at multi-family zoning and manufactured housing.
The Commissioners are concerned about the obstacles preventing home owners from building affordable units.
The Commissioners discussed the possibility of restricting Single Family Homes in Multi-Family zones. Goldman
explained that in 2004 the City passed a minimum density ordinance for Multi-Family zones. It states that an
applicant would need to build out at 80 percent the base density at a minimum. He suggested asking the people
who own property in Multi-Family zones if they would have a concern with an added limitation.
Goldman gave an update on the vacant land inventory in Ashland. R-3 is a High Density Residential zone and R-2
is Multi-Family Residential. Goldman said there is roughly 40 acres of vacant land available in those two zones to
meet the City's multi-family needs.
LIAISON REPORTS DISCUSSION
Council -No report
Staff- At the August regular Housing Meeting City Recorder Barbara Christianson and City Attorney, David Loman
will be giving a presentation on Commission ethics and rules.
AUGUST 22ND. 2012 MEETING AGENDA ITEMS
Housing Trust Fund
Clay Street property options
Fair Housing Ordinance Options
UPCOMING EVENTS AND MEETINGS
First Reading of the Fair Housing Ordinance, City Council-Aug 7'", 2012
Next Housing Commission Regular Meeting
August 22, 2012 4:00-6:00 PM in the Siskiyou Room located at the Community Development and Engineering
Building at 51 Winburn Way, Ashland Oregon.
ADJOURNMENT - The meeting was adjourned at 6:10 p.m.
Respectfully submitted by Carolyn Schwendener
3
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
August 28, 2012
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Brandon Goldman, Senior Planner
Eric Heesacker Linda Reid, Housing Program Specialist
Richard Kaplan April Lucas, Administrative Supervisor
Pam Marsh
Debbie Miller
Melanie Mindlin
Absent Members: Council Liaison:
None Dennis Slattery
ANNOUCEMENTS
Commissioner Heesacker announced he will not be present for the September 11 meeting. Commission Brown stated he will also be
out of town. Commissioner Kaplan stated he will not be present for the November 13 meeting.
Commissioner Dawkins informed the Commission of the Council's 4-3 vote to reinstate the Planning Commission's recommendation for
drive-thru windows. Council Liaison Dennis Slattery stated the Council was split on this issue, with some questioning why the banks
were not the ones bringing this change forward and whether the amendment was really necessary. The Commission held a brief
discussion about Council-Commission interactions and their desire to be more in tune with the Council. Several suggestions were
made to improve communication, including holding joint meetings, incorporating the Commission into the Council's goal setting
process, and sending a Commission representative to the Council meetings.
PUBLIC FORUM
No one came forward to speak.
DISCUSSION ITEMS
A. Draft Housing Needs Analysis.
Senior Planner Brandon Goldman and Housing Program Specialist Linda Reid presented the Draft Housing Needs Analysis to the
Commission. Ms. Reid explained the draft was taken before the Housing Commission at their last meeting and it is now coming before
the Planning Commission for review before staff begins the formal adoption process. Ms. Reid pointed out Statewide Planning Goal
#10 "To provide for the housing needs of the citizens of the state", and stated in order to make this assessment the City completed the
Buildable Lands Inventory (approved last year) and the second part has been using the Housing Needs Model to determine the
housing needs of the City of Ashland. She explained the Housing Needs Model calculates the housing needs based on population
changes, demographic changes, housing incomes, household sizes, vacancy rates, housing tenure, and housing costs. In addition to
the Housing Needs Model, the Housing Needs Analysis utilized data from the U.S. Census Data, analysis of current market conditions,
community and property owner/manager questionnaires, population data, coordinated population projections, employment data,
housing and development data from Ashland and Jackson Co., the.2002 Ashland Housing Needs Analysis, and 2007 Rental Needs
Analysis.
Ms. Reid commented on the public participation process that was used to gather data and provided a summary of findings contained in
the Needs Analysis. Highlights of the findings include:
Ashland Planning Commission
August 28, 2012
Page 1 of 3
• Ashland is growing, but relatively slowly
• Growth has not occurred evenly in all age groups
• Fewer households own housing in Ashland compared to other areas
• The fastest growing employment sectors in Ashland do not pay enough for a household to afford fair market rents
• The number of low-income households has decreased since 2000 after having increased between 1998 and 2000
• Housing sales prices increased nearly 50% between 1998 and 2001 and have remained higher than the regional average
• The median home sales price in Ashland is not affordable to households with median incomes
• The largest dwelling unit gap exists for households earning less than 10,000 annually
• Ashland has a large deficit of affordable owner-occupied housing units
• Few multi-family units were built between 2001 and 2010
• Ashland is falling short of providing the housing types identified in the 2002 Housing Needs Analysis
• Ashland has a relatively small inventory of land zoned for multi-family housing
Ms. Reid stated the recommendations in the Housing Needs Analysis are to encourage more multi-family housing, and to encourage
more affordable single-family housing types. She outlined the next steps in this process and stated: 1) staff will finalize the draft, 2) the
final document will be taken before the Housing and Planning Commissions for review and recommendation, and 3) the Needs
Analysis will be taken before the City Council for formal adoption.
Ms. Reid asked if the Commission has any questions or comments before the formal adoption process begins. The Commission
shared their general comments about the housing inventory in Ashland. The following is a summary of some of the questions and
comments that were raised:
• Have rents stayed flat or increased in the last few years? Ms. Reid clarified the rental costs have remained fairly flat.
Comment was made that housing costs have continued to decrease and renters may be frustrated that their rates are not
going down as well.
• Can the City require people to build rental housing instead of housing that is for sale? Mr. Molnar stated there are some legal
issues that would need to be addressed with this scenario, however the City was able to do this with the Croman Mill zoning
district and required housing to be a mix of rentals and for purchase units.
• It seems that most of the parcels identified for multifamily housing are too small to accommodate this type of housing, is that
correct? Mr. Goldman clarified multifamily residential is more than one unit on a property. He stated while there are not a lot of
large lots that could accommodate five or ten units, there are a lot of opportunities for second units.
• Comment was made supporting the finding that it is not possible to build affordable housing without subsidies, and
questioning what the City can do to encourage the public sector to participate. Additional comment was made to reduce or
remove the 60-year restriction on affordable units to motivate more people to build affordable housing.
• Suggestion was made to lessen the current zoning restrictions so that it is possible to do more things in the zone, such as
pocket neighborhoods.
• Suggestion was made to outright permit accessory residential units and to raise the threshold for requiring an additional
parking space.
• Comment was made that there are other things aside from affordable housing that keeps families in the community, such as a
strong school system, child care and after school programs, and maintaining and attracting businesses that expand the City's
economic base.
• Comment was made voicing support for manufactured housing and potential changes to policies to encourage this type of
housing.
Mr. Molnar thanked the Commission for their feedback and reminded them to not lose sight of the accomplishments this community
has made in terms of affordable housing. He stated the City set a goal of 10% of new housing stock to be affordable units and we have
exceeded that; and have also provided subsidies to defer and waive fees for affordable units.
B. Business Retention & Expansion Survey Update.
Community Development Director Bill Molnar addressed the Commission and provided a brief presentation on the Business Retention
and Expansion Survey. He explained the City contracted the Ashland Chamber of Commerce to conduct this survey and explained the
survey gathered information in several areas, including: size and age of businesses interviewed, businesses past changes and future
Ashland Planning Commission
August 28, 2012
Page 2 of 3
expectations, skill and training needs by occupation, areas of occupational training difficult to access in Ashland or the Rogue Valley,
future business expansion needs, and interest in conservation activities. Mr. Molnar also shared the top ten items that were learned
from the survey:
1) The advantages of doing business in Ashland are: quality of life, natural and cultural assets, and small-town feel. The
disadvantages are: a small labor pool, lack of specialized/technical skills, and limited market for products and services.
2) Most businesses maintained or increased sales during the recent recession.
3) Local businesses take pride in their employees, loyal customers, and "weathering the storm" during the recent recession.
4) Difficulties centered on hiring qualified and skilled workers, and the need for more technical, sales, and marketing training.
5) Over the past three years businesses increased purchases from regional sources and increased their sales to external
markets.
6) Businesses were optimistic, expecting gains in employment, sales, customers, and profits over the next three years.
7) Nearly half of the businesses expect to expand physically over the next three years, but had concerns about expanding in
their present location due to zoning restrictions or lack of space.
8) Businesses urged a streamlining of the local land use process and felt the effort would support future business development.
9) Interest in sustainable business programs and practices was prevalent across businesses.
10) Businesses were interested in deepening their connections with regional companies and institutions, particularly with SOU,
RCC, and SOREDI.
Mr. Molnar explained the next steps will include other entities in town conducting activities, and stated staff was concerned about some
of the comments about the perceived inability to expand and would like to meet with some of the businesses that had these concerns.
He added the Unified Code Project the Commission is currently working on will streamline the decision making process, although it will
not streamline approvals.
ADJOURNMENT
Meeting adjourned at 9:00 p.m.
Ashland Planning Commission
August 28, 2012
Page 3 of 3
- DRAFT -
These are the unof(ciaimmutes until approved by the Planning Commission on November 9, 2012.
TYPE III PUBLIC HEARING
A. PLANNING ACTION: 2012-01266
APPLICANT: City of Ashland
DESCRIPTION: Amending the City of Ashland Comprehensive Plan to adopt the Housing Needs Analysis.
Staff Report
Senior Planner Brandon Goldman provided an abbreviated presentation and explained this item was presented at the
Commission's August 28, 2012 study session. Mr. Goldman stated for the record the Commission is reviewing an ordinance that
will adopt the Housing Needs Analysis as a technical and supporting document to the Comprehensive Plan, but the Housing
Needs Analysis does not set forth policy and rather provides a factual basis by which the City can consider future policy
changes. Mr. Goldman described the Housing Needs Model that was used to project the City's housing needs and stated it was
through the model's review of population projections, the growth patterns we have experienced and anticipate to experience into
the future, past housing trends, household make-up, incomes, and available land that the projected future housing needs was
established. He clarified the Housing Needs Analysis addresses both City and statewide housing goals to address the housing
opportunities and needs for the total cross section of our population, and noted any future updates can be done through
resolution.
Housing Program Specialist Linda Reid outlined the major findings contained within the Housing Needs Analysis as follows:
1) Growth has not occurred evenly in all age groups.
2) The population growth rate of individuals 65 years old and older grew at a faster rate in Ashland than in the rest of the
state, while the population of individuals between the ages of 35 and 44 declined.
3) Household size has been decreasing slowly over the past two decades in Ashland.
4) The largest dwelling unit gap exists for households earning less than $10,000 annually.
5) The development of multifamily units is not keeping pace with the need in Ashland.
6) The development of single family units is the predominate housing type that is being built even though demand for this
is less.
7) Ashland has a relatively small inventory of land zoned for multifamily housing.
Staff clarified the heading on page 6 of the Needs Analysis would be changed from "Recommendations" to "Potential Strategies"
and reviewed the strategy suggestions that were added since the Commission last reviewed this document, including: 1)
Examine opportunities for reductions in parking requirements for the provision of apartments meeting certain conditions, 2)
Evaluate land use incentives to provide for small lots intended for small unit development, 3) Consider restricting uses in certain
zones to apartments, and 4) Consider allowing accessory residential units as a permitted use in single family zones.
Mr. Goldman stated staff is available for any questions they may have and are recommending the Commission forward a
recommendation for approval to the City Council. He noted the Housing Commission reviewed this document on August 22 and
September 26 and recommended the Planning Commission and City Council adopt it as presented.
Questions of Staff
Commissioner Dawkins suggested that in addition to reducing parking requirements as mentioned, the City should hold a
dialogue about creating a city parking area so that people have an inexpensive way to store their vehicles. He also commented
on the accessory residential unit recommendation and stated while he is supportive of these types of units he is not sure these
are appropriate in every neighborhood and is unsure about abandoning the conditional use discussion that would normally
occur at the public hearing.
Public Testimony
No one came forward to speak.
Commissioner Dawkins motioned to extend the meeting to 10:00 pm. Voice Vote: all AYES.
Ashland Planning Commission
October 9, 2012
Page 7 of 9
- DRAFT -
These are the unofficial minutes until approved by the Planning Commission on November 9, 2012.
Deliberations and Decision
Commissioner MarshlHeesacker mis to recommend Council's approval of the Housing Needs Analysis as presented.
DISCUSSION: Commissioner Miller commented that duplexes should play a larger role in meeting the City's housing needs.
Commissioner Mindlin commented that the housing problem may have been overstated and the rental costs in Ashland aren't
that different than the rest of Jackson County. She also questioned whether the comparison on pages 25-26 regarding the cost
burden of rental vs owned households is legitimate. Regarding the recommendations on page 6, Mindlin stated increasing the
land supply for high and medium density zones is a much bigger problem than stated because most of the land can only
accommodate two units. She also recommended greater incentives be offered to encourage developers to build affordable
housing and for the City's 60-year affordability policy to be reflected in the document. Recommendation was made for the
student population figures to be better clarified in the document, and Mr. Goldman slated this could be added to the section on
changing demographics. Commissioner Miller voiced her opinion that accessory residential units should not be an outright
permitted use and neighbors should be allowed to provide input. Staff clarified accessory residential units would still require site
review and surrounding property owners would be notified of submitted applications and given opportunity to comment.
Commissioner Mindlin recommended the Housing Needs Analysis be amended to include information about the
student population and information on the 60-year annexation and zone change program. Commissioner Marsh
accepted the friendly amendment. DISCUSSION: Mr. Goldman clarified staff could include narrative that defines the number
of students that have zipcodes within the City of Ashland, those who are living in group housing, and clearly indicate that
students are considered as a population that needs to be housed within the city limits.
Roll Call Vote on motion as amended: Commissioners Brown, Dawkins, Heesacker, Kaplan, Marsh, Miller and Mindlin,
YES. Motion passed 7-0.
Ashland Planning Commission
October 9, 2012
Page 8 of 9
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
October 02, 2012
PLANNING ACTION: 2012-01266
APPLICANT: City of Ashland
ORDINANCE REFERENCE: Ashland Comprehensive Plan:
Chapter VI [Housing Element]
Appendix A, entitled "Technical Reports and Supporting
Documents"
REQUEST: Recommendation to the City Council regarding adoption of an Ordinance amending
the City of Ashland Comprehensive Plan to adopt the updated Housing Needs Analysis as a
supporting technical document.
1. Relevant Facts
A. Background
In 2002, ECONorthwest prepared a Housing Needs Analysis (HNA) which detailed
housing and demographic inconsistencies within the Current housing stock and projected
future need based on the Oregon Housing and Community Services Housing Needs
Model. In 2007 a Rental Needs Analysis was completed to assess the needed rental
housing types based on demographic information about Ashland households including
size, age, and incomes. This Rental Needs Analysis supplemented information in a
HNA. All of these studies attempt to project future housing needs relative to the existing
supply of land suitable for development.
The 2012 HNA, aims to quantify projected housing needs through the year 2040, and
compares those demographic needs with the currently available lands within the City's
Urban Growth Boundary. This comparison provides the factual basis to answer the
questions of "how much residential single family and multi family land is presently
available?", "how many residential dwelling units can be accommodated on Ashland's
remaining developable lands? " and, "is there enough appropriately zoned land to
accommodate Ashland's future population?"
The HNA update was completed using the Housing Needs Model, which specifically
links income characteristics to the need for various housing types by price, density, and
location throughout the community. The Housing Needs Model used to derive future
projections was initially created by the State of Oregon as a tool for communities
throughout the state to ensure that projections of future housing needs were driven by the
demographics of the study area as opposed to simply projecting past trends in housing
production forward. The standard practice in Oregon had historically been to extrapolate
forward the past 5 or more years in housing production as the basis for determining a
region's future housing requirements. While this market or demand driven approach was
commonly used to define the housing "needs" for an area, the true housing "needs" of
Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002
Applicant: City of Ashland Page 1 of 4
that area's population may not have been addressed. Using the most recent US Census
and American Community Survey data regarding age demographics, household sizes,
household wages and incomes, and local housing prices (rental and ownership) are some
of the inputs used in determining housing "needs" in this model. Local housing markets
are frequently not a "perfect" market where the "demand" or supply is in equilibrium and
balance with the "need". In many regions, the new housing supply is a function of what
the local builders are inclined or able to produce, which may not be what the households
in the region actually need or desire and can afford without being cost burdened.
The 1INA uses the housing model as a starting point for projecting Ashland's housing
needs to 2040. The HNA incorporates data from the 2011 Buildable Lands Inventory
(BLI) and evaluates Ashland's housing need by type and price in consideration of
available land designated by Zone within the City's UGB. This HNA has also utilized
data from:
• The Housing Needs Model
• U.S. Census Data
• Analysis of current market conditions
• Community and property owner/manager questionnaire
• Population Data from Portland State University's Population Research Center
• Coordinated Population Projections from Jackson County
• Employment data from the Oregon Employment Department
• Housing and Development data from the City of Ashland and Jackson County
• City of Ashland 2002 HNA & 2007 Rental Needs Analysis
Staff analyzed data from the aforementioned sources, used projections from the Housing
Needs Model, compared them to historic development trends and suggested
modifications based on the development mix needed to meet the future housing needs.
Additionally, staff related the needed housing type and affordability projections to the
potential number of dwelling units that could be accommodated on available lands within
the existing UGB by zoning and Comprehensive Plan designation.
The Planning Commission reviewed the initial draft HNA at a study session on July 25`h,
2012. The Housing Commission's reviews took place on August 8th and September 26`h,
2012. During these meetings revisions to the initial draft were discussed which have now
been incorporated into the final draft HNA. The revisions to the document's "suggested
recommendations" are as follows: among those incorporated into the final document
were:
Examine opportunities for reductions in parking requirements for the
provision of apartments meeting certain conditions. Studies have shown that
the number of vehicles per household is lower in areas that are more conducive to
walking and have greater access to transit (City of San Diego Feb. 2011) A unit's
size and level of affordability are additional conditions that could be further
evaluated in consideration of needed parking and reducing parking requirements.
Evaluate land use incentives to provide for small lots intended for small unit
development. The data show a strong correlation between lot size, unit size and
Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002
Applicant: City of Ashland Page 2 of 4
housing cost. The City could consider reductions in minimum lot sizes in certain
residential zones to specifically promote the development of smaller dwelling
units.
Consider restricting uses in certain zones to apartments. The building permit
data suggest that a significant amount of land designated for high-density multi-
family housing has been developed as single-family attached types that are owner
occupied units. Designation certain lands for multi-family rental units would
encourage development of apartments.
Consider allowing Accessory Residential Units as a permitted use in single
family zones. The integration of ARUs into existing neighborhoods provides for
small dedicated rental units serving single or two person households, and could
also be a resource for more affordable housing types. The City should evaluate
existing density bonus allocations to better incentivize the voluntary inclusion of
affordable single family housing in future developments
The ordinance presented for consideration provides for adoption of the 2012 HNA as a
technical document in support of the Housing Element [Chapter VI] of the Ashland
Comprehensive Plan. In order to allow the HNA to be more regularly updated the
ordinance presented for consideration includes a provision allowing future updates of the
HNA to be approved by Resolution of the City Council. This provision will enable staff
to more readily update the HNA and present the revised technical document to the City
Council to account for changes in population projections, demographics, and residential
development potential.
II. Procedural
The procedure for a legislative amendment is described in 18.108.170 as follows:
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other
legislative amendments in order to conform with the comprehensive plan or to meet other changes in
circumstances and conditions. A legislative amendment is a legislative act solely within the authority of
the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a
property owner or resident of the City. The Commission shall conduct a public hearing on the proposed
amendment at its earliest practicable meeting after it is submitted, and within thirty days after the
hearing, recommend to the Council, approval, disapproval, or modification of the proposed
amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposal is to be first considered.
The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After
receipt of the report on the amendment from the Commission, the Council shall hold a public hearing
on the amendment. Notice of time and place of the public hearings and a brief description of the
Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002
Applicant: City of Ashland - Page 3 of 4
proposed amendment shall be given notice in a newspaper of general circulation in the City not less
than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by the
Commission within the twelve month period immediately following a previous denial of such request,
except the Commission may permit a new application if, in the opinion of the Commission, new
evidence or a change of circumstances warrant it.
III. Conclusions and Recommendations
The HNA currently presented reflects recent household demographics, housing development
and economic trends and provides an adequate factual basis to evaluate housing need and
land availability within Ashland's Urban Growth Boundary.
Staff recommends the Planning Commission forward a recommendation of approval to the
City Council for the Ordinance adopting the HNA as a supporting technical document to
Chapter VI of the Ashland Comprehensive Plan.
.Potential Motion
Move to recommend approval to the City Council of adoption of an Ordinance
amending the City of Ashland Comprehensive Plan to adopt the Housing Needs
Analysis (2012) as a supporting technical document to be included in the
Comprehensive Plan Appendix entitled "Technical Reports and Supporting
Documents".
Attached:
• 2012 Housing Needs Analysis Update
• Ordinance amending the Comprehensive Plan to include the HNA as a technical
supporting document
• Appendix A of the Ashland Comprehensive Plan: Technical Reports and Supporting
Documents
• Planning Application
• Housing Commission Minutes 7/25/2012
• Housing Commission Minutes 9/26/2012
Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002
Applicant: City of Ashland Page 4 of 4
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
Acceptance of Operational Sustainability Plan Framework
FROM:
Lee Tuneberg, Administrative Services Director, tunberl@ashland.or.us
SUMMARY
The attached document is presented to Council by the Conservation Commission as part of completing
the Council goal of developing a sustainability plan for City operations. The document provides a
recommended plan framework, suggested plan format, project timeline and resource requirements that
can be used by City staff to develop and implement a complete and comprehensive Operational
Sustainability Plan.
BACKGROUND AND POLICY IMPLICATIONS:
The Conservation Commission has for a number of years been researching and discussing how they
could assist Council and City staff in the integration of sustainability principles and practices both
within City operations and community wide.
In April of 2012, the Commission presented a recommended outline of a plan and process to move
towards achieving the sustainability planning goal. In May of 2012, the Council approved an
amendment to the original goal based on the recommendation of the Commission to first develop a
decision making framework, a plan format and a timeline for the development of a City Operational
Sustainability Plan and use that experience as a pilot project in the subsequent development of a broad
community Sustainability Plan. The complete amended Council goal is as follows:
"Develop a concise sustainability plan for the community and for City operations, beginning with
development of a plan_framework, suggested plan_format, timeline and resource requirements for City
Operations that can be used as a model for a communityplan to follow"
It is the intent of the Commission to function as a resource to City staff as the complete plan is
developed and assist in the review and recommendation of various plan elements such as the
establishment of milestone targets for specific resource reduction, replacement, avoidance, etc or
prioritization of implementing actions to meet the established targets.
As the plan is developed, a myriad of existing internal administrative policies would be reviewed and
potentially recommended for modification to better align and promote sustainable operations within
the organization. In conjunction with the development of the plan, both available staffing and project
funding resources will be reviewed and utilized to assist in the initial prioritization of implementing
actions and will be used as part of each individual action's life cycle costing/return on investment. It is
anticipated that future departmental operational and capital budget proposals will incorporate elements
of the adopted sustainability plan.
Page 1 of 2
~r,
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
As described in the framework document, initial resource requirements for the development of the plan
may vary depending on the assigned level of involvement and/or coordination of existing City staff. If
an internal team is assigned and charged with the development of the plan, direct expenditures would
be minimized, but it is recognized that the scope of the plan is beyond current staff workload. A
responsible party (existing or added staff) with sufficient time, skills and authority to manage the
program would need to be identified. In order for the plan to succeed, both in development and on a
longer term basis, staff time will be needed from most departments to meet plan requirements.
An alternative is contracting the plan development to a consultant to reduce, but not eliminate, staff
time associated with the project. The amount of this option would be determined through a bid process
but estimates range from $15,000 to $40,000 depending on the desired level of involvement by City
staff. This does not address the ongoing staff commitments needed for the program in that a key
element of the plan after establishment is data collection and tracking. Some of this is currently being
done internally bufa change in focus (scope) and additional performance goals would require more
staff resources or supplanting existing work assignments.
As the complete plan is developed, additional resources or reallocations from other programs for
sustainability efforts would need to be considered by the city administrator and addressed along with
other programs needs in the budget process.
A key objective of the operational sustainability plan is cost savings across departments and divisions
of the City over time. It is premature to estimate total annual cost savings as that is dependent on the
implementing actions completed each year and their calculated return on investment, but cost recovery
of the plan development is an important and easily tracked performance measure.
STAFF RECOMMENDATION AND REQUESTED ACTION:
The Commission recommends that Council accept the plan framework, format and timeline and direct
City staff to begin developing the complete Operational Sustainability Plan.
SUGGESTED MOTION:
I move to accept the attached Operational Sustainability Plan Framework document as drafted and
presented by the Conservation Commission and City staff.
ATTACHMENTS:
City of Ashland Operational Sustainability Plan Framework, Format and Process Outline
Page 2 of 2
~r,
CITY OF
ASHLAND
OPERATIONAL SUSTAINABILITY PLAN
Framework, Plan Format & Process Outline
Introduction
The Conservation Commission has long been interested in assisting the City in the development
of a formal cross-departmental sustainability planning effort to ensure coordination across City
operational functions. This planning effort can function as an internal communication and
tracking tool to develop prioritized actions to meet a variety of long term goals and objectives as
well as provide a location to report on existing efforts relating to operational sustainability and
efficiency.
Objective
In addition to the functions described above, an operational sustainability plan is a tool to
increase the efficiency of the organization in their resource consumption. Efficiency in this case
is defined as a reduction in consumption, an avoidance of use, re-use of resource or process by-
product with decision making based on analysis of all inputs and outputs of a given process or
product used. The resulting decision and action should lead the organization to increased
resource efficiency with a related, defined cost savings over a given period of time.
Goal
In May of 2012, the Commission recommended that Council amend a previous Council goal
relating to City operational efficiency. Council approved the recommendation which resulted in
the following Council goal:
fi
"Develop a concise sustainability plan for the community and
for City operations, beginning with development of a plan
framework, suggested plan. format, timeline and resource
requirements for pity Operations that can be used as a model
for a community plan to follow "
With the understanding that the content and priority of specific actions will need to be developed
by City Staff, matched with budget planning and other existing planning documents and plans,
the Commission focused its efforts on the listed Council goal elements of.
1) Plan framework 3) Process & Timeline
2) Plan format 4) Resource requirements
1
Plan Framework
While the City has undertaken many different actions and
programs within its departments and divisions that have led to
increased operational efficiency and outcomes that are more
sustainable, there has been no formal guiding statement or
accompanying principles to help embed sustainability into daily
decision making in internal City operations. a ae
The Commission and its Sustainability sub-committee spent
considerable time reviewing both community and operational Triple Bottom Line
sustainability plans, with a particular focus on the different
types of decision making frameworks utilized.
Most, if not all, plans recognize and pay homage to the
% Environment
concept of triple bottom line (TBL) thinking, which
recognizes the connections between the three core areas of society
impact; planet (environment), people (social) and profit
(financial) and the need for all three components to be Economy
considered in every decision.
ICLEI - Local Governments for Sustainability
Because ICLEI specifically exists to serve local governments in their efforts towards
sustainability, the Commission recommends that the operational plan be developed using ICLEI
framework, tools and resources. This will provide City staff with a solid, understandable
framework and process to follow as the full plan is developed.
How does ICLEI define sustainability?
• Affordability B Social Equity (affordable du weddore
housing, poverty, human services awl race and social
equity)
• Children, Health 8 Safety (community hnalth and
wellness, access to heats cam, and public salary)
Education, Arta 8 Community (aducabon excellence,
ads and Mlum. and civic ergagemeni and vitality)
Natural Systems (ecosystems Economic Development (clean
and habdat, water and technologies and green jobs,
stamwater, air quality, waste, Enwrcnm.mnl Econ 1.1 cn..' tourism, add
add resource ...be.) local food system)
Planning & Design (land use, Employment 8 World..
transportation and mobility, and Training (green job training,
parks, open space and empbyment and workforce
recreation) wages, add youN sktlls)
Energy 6 Climate (an ri
greenhouse gas emissions ad
other aS pollutants, renewable
energy, and green buiding) L'LE 7
2
Additionally, as a member of ICLEI, the City has access to a variety of Sustainability planning
and implementation resources, most notably the Sustainability Planning Toolkit
(htti)://www.icteiusa.org/sustainabilitytoolkit .
The Natural Step
The Natural Step is a comprehensive framework guided by basic principles summarized by four
system conditions shown below. The framework requires the recognition that strategic planning
and decision making must be made within the constraints of the system conditions and uses a
process called "backcasting" to set a target or vision of success followed by the development of
steps or actions needed to achieve that target.
in a sustainable society, nature is not subject to
systematically increasing...
as
the E ~rtlnitrabcrou of substances extracted from `tho't rwa e
}...concentrations of substances produced by £9 f
~r = society,
...degradation by physical means,
t. 0e m; Ne end in mind .
and, in [hat society.. 3. Move step by step towards ttM vision
...people are not subject to conditions that sys-
K,J tematically undermine their rapacity to meet
their needs.
The Commission recognizes that there are distinct differences between an operational plan and a,
community-wide plan and while the Commission recommends the ICLEI framework and
protocol for the City's operational sustainability plan, that may or may not be the best fit for the
community plan that the Commission is interested in initiating after the operational plan is up
and running.
Having the opportunity to test the ICLEI framework for the internal operational plan will be
valuable for both City staff and the Commission in providing an assessment and
recommendation to Council on a framework for the larger community sustainability plan in the
near future.
Plan Format
The plan will need to contain a consistent template to use to set and measure targets across all
resource elements based on existing data sets, or benchmarks.
3
Resource Elements
Each resource element and subcomponents will contain an introductory narrative describing its
general use and need within the organization, its total annual consumption, current
consumption/utilization rates (could be calculated and displayed several ways),
reduction/conservation/utilization target and prioritized actions to meet the target.
Resource Elements Initial Inventory
;;Electric;"""'v voidd ; 7, p., F el Con'sumpiion' vw w."
aturaP'Gas~.: 1'Re purposed/Sold+ iles.traveled:".,;v;r
Renew Res,, 'r Recycled
n
Back uVf.O r,(diese71),, i.,aEN471 sed,~ jU:-; ..y amW61ticle'06el,type&AM
;'.Prod uctioNProcesss„,,;-':s iLAvoided rx s. '.~s* `
,~Imgation/Landscape,„ '`,;Replaced_..;., ,,,,;~wPiirchasing Cnteria~,
'General use (offce%restroom/etc)~A Disposed',..', Construct ion,stancie6&(LEED)
r~., - _ u _ _ •N_ _j a -Life cycle cost analysis: `s _ 2:_ ~
*This section will describe all administrative polices, acquisition/purchasing policies, project standards or
requirements that relate to any and all resource elements detailed in the operational sustainability plan and function
as a key tool in utilizing the decision making framework to meet the targets for each resource element
Benchmarks
For City Staff to set and track targets, it is essential to have accurate baseline benchmark data.
Based on discussion with Staff, the Commission recommends using 2010 data as the initial
baseline benchmark to measure progress on meeting the targets set for each resource element.
Where 2010 data isn't available or does not exist for the proposed action, new benchmark data
may be created to track progress.
Targets
Specific targets will be established for each resource element with some being set at the sub-
component level. For example, the energy resource element contains subcomponents with
different target types. Targets at the sub-component level could be structured similar to this:
Electric Target- 15% reduction in total electric consumption
Renewables Target- Minimum of 5% of total electric consumption from local renewable generation
Targets will be set for the initial 2015 milestone, as well as longer range targets beginning with a
five year increment, and jumping to 2013 targets, with the intent of pushing the organization to
evaluate both short and long term resource and revenue return on investments.
4
Sample Subcomponent Data Table
Primary Uses
Facilities Heating/Cooling/Lighting
Pumping-Water/Wastewater
Departmental Operations - IT Network, FleetfShop operations, etc
Consumption/Use Data 2010 , 2015 2030 I Notes/Comments
a Benchmark I Target .l Target
Total Annual Consumption'l
I
Consumption per sq/ft of building
i
i Water System consumption: ~
Wastewater System Consumption , j
Proposed Actions
Each resource element will share a similar template table. Following the table of proposed
actions within each resource element, each proposed action will have a narrative explaining
detailed project costs, cost effectiveness calculations (ROl, life cycle costing, etc), connection of
project to meeting specific resource target, funding options, staffing requirements, responsible
department, organizational and/or employee benefits, community benefits and other pertinent
information.
Sample Action Plan Table
*Data for display purposes only, not project specific
ENERGY
Electric Target= 15% kWh reduction
'Proposed Action Cost Savin Is % of i; Completion Est i Notes
'~(kwhnr)Jarget1 Date i ROI i'
Installation of Variable Speed Pumps at Wastewater! I
$15,750 272 000 15% 6/30/13 j
! Treatment Plant (12 pumps)
r
;Replace HVAC System at Water Treatment Plant $30 000 154 300 3% 12/31/13 I 1
Installation of lighting occupancy sensors at City Hal $7,500 9,000 11 .50% J 9/1113 -,i
Renewables Target 10% kWh renewable
1 Conduct solar assessment for all City facilities i $15,000 i N/A i _ L 12131/13 - r
i - _ _ - If- i IF - rAprox. 50k kWh
'I Install solar panels at 90 N Mountain Service Center $275,000 i 10% 6/30/14 ~ I I generation/yr
5
Performance Tracking
A consistent tracking system will be developed and implemented for all resource elements and
will contain the following metrics:
Source data ID where it comes from)
Collection responsibility who is collecting it
Collection location where it is collected/entered
Frequency of collection when it is collected
Analysis or calculations required what needs to be done with it)
Frequency of review/reporting (how often does it et distributed/reviewed)
Review responsibility who does the datalre ort o to)
The creation of a strong and consistent tracking system will provide continuity of the plan over
time and allow transition of responsibility among different staff members with no loss of data,
accuracy or consistency in calculations or analysis.
Reporting
To adequately integrate the plan into City operations and daily decision making, the Commission
feels strongly that an annual report should be prepared and presented to the City Council to
acknowledge successes and progress towards the targets, discuss areas of needed focus, provide
suggested modifications to targets, etc.
Internally, quarterly updates to the City Administrator with a copy to the Commission would be
recommended to work through initial implementation issues and identify potential changes in
plan format, targets, reporting details, etc. The Commission could function as a reviewer of
adjustments and provide recommendations and support for small operational modifications of the
plan.
A comprehensive review and update of the plan should occur on or near five year periods,
beginning in 2015. This review provides an opportunity to review and evaluate emerging trends,
changes in technology, major alterations to various business practices, regulatory changes, etc. as
well as the ability to include additional resource elements, tracking procedures and other updates
to better meet future targets
Process & Timeline
Because many of the potential actions require financial resources to accomplish, the Commission
is hopeful that the initial draft operational plan can be developed parallel to the City's annual
budget preparations. Upon Council approval of the plan framework, format, timeline and
resource requirements provided by the Commission, City staff could begin drafting the full
document in January of 2013 and have a completed final draft for review and approval in May of
2013.
6
The Commission is anticipating being a resource to staff as the plan is developed and would
welcome several in-process updates as the plan is put together to offer guidance, evaluate and
recommend targets and generally support the plan development process.
Implementation of elements of the plan could begin in July of 2013 which presents a clean
starting date for funding requirements as well as for tracking and benchmarking purposes.
Resource Requirements
The Commission has also been supportive of the City dedicating staff specifically for the
development and implementation of both the Operational Sustainability Plan and ultimately
playing a role in a community sustainability plan. The opportunity to start with the drafting of
the operational plan with the guidance outlined in this Commission recommendation allows City
staff and Council to determine whether dedicated staffing is needed initially or ifa coordinated
core inter-departmental team charged with plan development and implementation is effective.
If Council and City Administration determine that current staffing availability does not exist to
assist City staff on the plan development, a number of consultants locally, regional and statewide
provide specific services in this area and could be selected through a request for proposals
process. Depending on the desired or available level of involvement from City staff, the
Commission has found a range of cost from similar projects in other cities to be from $15,000 to
$40,000. Where this plan fits within this range is dependent upon the scope of work for the
consultant vs. internal City staff.
Whether the plan is developed and coordinated internally or contracted to a consultant, staff
resources will be required to provide the raw data, existing lists of projects and potential projects,
actions and activities to be evaluated, prioritized and recommended for inclusion in the plan.
As the decision making framework is fully integrated into administrative policies and actions are
implemented and successful, overall coordination and "next level" projects, such as complex
treatment systems equipment at the City's water or wastewater treatment plants, may require
more specialization and focus than an inter-departmental team has the ability to accomplish or
manage alongside their regularjob duties within the organization.
The Commission recognizes that there are multiple ways staffing resources and consultant
services could be deployed to effectively meet the targets set and bring an increased level of
sustainability planning and awareness to the organization and the Commission will continue to
be available to City staff and Council as those types of issues arise through the duration of the
development and implementation process.
Additionally, the Commission feels strongly that the further integration of sustainability
principles and practices into the organization will lead to significant cost savings across many
Departments and Divisions of the City and those financial savings will be tracked and accounted
for along with the various resource savings achieved. The result should validate that sustainable
operations is financially prudent as well as environmentally and socially necessary.
7
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
Fiscal Year 2012-13 First Quarter Financial Report: July - September 2012
FROM:
Lee Tuneberg, Finance Director, Administrative Services Department, tuneberl@ashland.or.us
SUMMARY
The Administrative Services Department submits reports to Council on a quarterly basis to provide
assurance of budget compliance and for informational and comparative purposes throughout the year.
This report is the first in FY 2012-2013 and provides comparative information to the same quarter in
the prior year.
BACKGROUND AND POLICY IMPLICATIONS:
The reports are intended to present information in formats consistent with the department, fund and
business activity presentations included in the adopted FY 2012-2013 budget document and the
manner in which they will be shown in the end of year report. Unaudited, detailed balance sheets,
revenues and expenditure reports are available for your review in the Administrative Service
Department office should you require any additional information.
FISCAL IMPLICATIONS:
The City experienced declining balances in cash for various reasons during the last decade,
endangering its financial position since the total unrestricted amount was often below established
target minimums during each year. In the last few years we have been successful at generating
sufficient revenues and holding down expenditures to reverse the trend of cash reductions and to hold
balances steady.
In FY 2011-12 most target cash balances were improved and carried forward to this year. The total
balance at September 30, 2012, is $26,021,685. This is $7.2 million more than this time last year but
54% of it ($14.2 million) is restricted in use.
The presented amounts will change throughout the year, often decreasing, however any improved
position will be needed as we move into the biennium and the increased costs we are already
anticipating.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council accept the quarterly report.
SUGGESTED MOTION:
I move to accept the first quarter financial report for FY 2012-2013.
Page 1 of 2
CITY OF
ASHLAND
ATTACHMENTS:
Quarterly Financial Report
Financial Statements
Page 2 of 2
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CITY OF
ASH D Quarterly ~Fi~nancial ' eport
'i,rst ~ uarGer of 'Y 20 2-2013
This Quarterly Financial Report covers the period from July 2012 through September 2012.
Summary of Cash and Investments
This summary is intended to give the reader an understanding of changes in the City's cash
position across funds and investment types. The city-wide cash balance has increased
$7,166,342 between fiscal years, September to September.
City of Ashland First Quarter Cash Balances
$30,000,000 $26,021,685
$25,000,000 $20,124,576 20,484,422 $18,855,341
$20,000,000 $16,838,684 517, 130
$15,000,000
$10,000,000
$5,000,000
9/30/2007 9/30/2008 9/30/2009 9/30/2010 9/30/2011 9/30/2012
Material changes in cash balances between fiscal years:
The major increases were in the Capital Improvement Program (CIP) and the Equipment funds
for a total of $4.2 million. Five other funds accounted for the remaining $3.0 million increase.
1. The CIP fund still has $1.4 million cash in hand from the $3.0 million in bond proceeds for
fire station #2 and was also paid for outstanding, reimbursable costs held as a receivable
last September.
2. The Equipment Fund had a $1.5 million infusion of cash due to inter-fund loan repayments
and sinking payments for future replacements. Under-spending on replacements, or
delaying replacements, also contributes to the growth in cash. (Equipment replacements
for the last two years were $1.2 million and are scheduled to be $3.3 million in the next two
years based on equipment retirement schedules.)
3. The cash increases in the other funds relate to operations and addressed latter in this
narrative.
Changes in cash and investment balances:
Total cash is $26.0 million with 97% held in the local government investment pool, down from 87%
the prior September. Investment opportunities are limited so last September's $1.0 million in other
investments have all been moved to the pool. A minimal cash balance is being held in bank
accounts to pay bills.
Page 1 of 7
Statement of Revenues and Expenditures - City Wide
This schedule is intended to provide an overall sense of the City's financial activity for the first
three months of this fiscal year, compared to budget and to prior year actual information.
City-wide revenues, operating expenditures and capital outlay increased in the first quarter
between years:
1. There was a 10% increase in revenues and other resources from $13.2 million at the end
of the first quarter last year to $14.5 million for the first quarter of this year.
a. The major increases were intergovernmental revenue (39%), charges for services
(6%) and System Development Charges or SDC (155%).
b. Intergovernmental revenue increased in the Street Fund from grants for the
Hersey/Wimer project and the Laurel/Hersey railroad crossing project. The Equipment
Fund had a grant for Fire Department equipment.
c. Charges for services revenue increased in the General Fund, Water Fund and Electric
Fund. The General Fund recorded fees for the university's dorm project and the
budgeted payment from Parks. The utilities increased revenue from rate increases
and selling more water and electricity.
d. SDC revenue increases included the SOU expansion.
2. Operating expenditures increased two percent from $14.4 million at the end of the quarter
last year to $14.7 million for the first quarter of this year.
a. Materials and services increased four percent. Personal services and debt service
decreased slightly for the combined two percent impact.
b. The increases in materials and services were mostly in the Electric Fund and in Parks.
c. The Electric Fund had an increase in supply costs, and the Parks' increase was from
the transfer to the General fund.
3. Capital expenditures increased 150% from $1.0 million to $2.5 million.
a. This is netted amount with the CIP and Street funds doing more in projects and capital
outlay offset by the Equipment Fund buying less equipment.
Schedule of Budgetary Compliance
The Schedule of Budgetary Compliance presents expenditures on a budget basis by fund,
consistent with the resolution adopting appropriation levels for the year.
1. There were no budget violations for the first quarter of fiscal year 2012-13.
2. Total City-wide expenditures (in aggregate) are below the prorated 25% level anticipated
for the first quarter.
3. The exceptions to the anticipated 25% level expended for first quarter were the normal
exceptions for economic and cultural grants, debt service payment, intergovernmental
loans payments, and capital outlay.
Page 2 of 7
FINANCIAL ANALAYSIS OF THE CITY OF ASHLAND'S FUNDS
Governmental Funds
Governmental funds are generally used to account for tax-supported activities. There are four
categories of governmental funds, general purpose funds, special revenue funds, debt services
funds, and capital improvement funds. Governmental funds for the City of Ashland include the
General Fund, Street Fund, Capital Improvement Fund, Debt Service Fund, Reserve Fund,
CBDG Fund, and the Airport Fund.
The analyses of the Governmental Funds below are limited to the funds with the major changes
in revenue and expenditures between first quarters of this year and last year. The major
changes in revenues and expenditures are in the General Fund, the Street Fund and the Capital
Improvements Fund.
General Fund
The General Fund's shortfall between revenues and expenditures in the first quarter of this year
of $1.4 million is 23% less than last year's first quarter shortfall of $1.8 million.
1. This year the fund recorded more revenue in charges for service, primarily due to the
agreed upon $263,000 payment from Parks, electric user taxes and franchise fees.
2. Operating expenditures deceased about 1%.
Street Fund
The Street Fund went from a net increase of $184,646 in the prior year to an equivalent shortfall
this first quarter. More capital project expenditures in the Street Division contributed to the
shortfall.
1. A 36% increase in revenue from $1.1 million in the prior year's first quarter to $1.5 million
(mostly from grants for the Hersey/Wimer realignment and the Laurel/Hersey railroad
crossing projects) did not fully compensate for the increase in project costs.
2. Although operating expenditures were down from the discontinuance of the transit fare
subsidy and less spent on repairs, the increase in capital outlay on street projects
outpaced the revenue to the extent of an $182,301 deficit.
Capital Improvements Fund
Last year the fund recorded a net increase of $89,359. This year it has a shortfall of $886,076
this first quarter. Elements of such a large change include a $63,880 increase in grant and SDC
revenue and operating expenditures held flat but $1 million more expended in capital projects
and other requirements.
1. The increase in capital outlay was for the fire station, police station remodel, and golf
course.
Page 3 of 7
2. The other increase in requirements included an interfund loan repayment to the Equipment
Fund the first quarter of this fiscal year which was paid later in the year in the previous
fiscal year.
Business type funds
Generally speaking, these are enterprise funds and are established to account for operations.
These funds are financed and conducted in a manner similar to operations of private business
enterprises, where the intent is to have the expenses of providing goods or services on a
continuing basis to the general public, financed or recovered primarily thru charges to the user.
Water Fund
An increase in revenue (sales) and less expense resulted in a 30% rise in net income for the first
quarter of this year compared to the prior year. Due to the weather, the Water Fund typically
records a "profit" in first and last quarters of each fiscal year and losses in the second and third
quarters due to fluctuation in sales of water.
1. The 14% increase in charges for services resulting from increased rates and units sold;
and increased SDC revenue for the first quarter of this year compared to last year's first
quarter. The June, 2012 rate increase included a base rate increase of 19% and the
usage rate increase of eight percent.
2. Results in the first quarter of this fiscal year showed a ten percent increase in revenue
from rates and two percent increase in units sold.
3. There was also a seven percent decrease in materials and services primarily from reduced
spending in the fire resilience program and from an additional expense for a software
upgrade in the previous year's first quarter.
Wastewater Fund
The Wastewater Fund also showed an increase in revenue and a decrease in expenses for a
positive impact in the first quarter. Net income in the first quarter of this year was $238,404
compared to the first quarter of the prior year of $73,163.
1. The 10% increase in charges for services from rates and increased SDC revenue
resulted in 11 % more revenue for this first quarter compared to last year's. There was a
ten percent rate increase in June, 2012.
2. There was a seven percent decrease in materials and services primarily from a reduction
in repairs and from an additional expense for consulting fees for the wastewater master
plan in the previous year's first quarter.
Electric Fund
A larger increase in expenses than the increase in revenue for this first quarter resulted in an
increased net loss as compared to the prior year's first quarter from a loss.
1. The four percent increase in electric rates in October 2011 softened the blow of the 12%
increase in Bonneville Power Administration rates. There was also a slight (1%) increase
in electricity sold in this first quarter.
Page 4 of 7
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2. The increase in revenue resulted in a corresponding increase in the franchise tax paid to
the General Fund from the Electric Fund.
Telecommunications Fund
Changes in revenue and expenditures in the first quarter of this fiscal year compared to the prior
year were favorable, resulting in a reduction of this fund's shortfall for the first quarter from
$86,065 to $53,299 this year.
1. There was a seven percent decrease in charges for services revenue from $509,423 for
the first quarter of the last fiscal year compared to $460,858 for this quarter.
2. The decrease in rate revenue was primarily from the change in the cable television
contract.
3. There were decreases in both personal services and materials & services between the first
quarters of the fiscal years, in part relating to the change in the contract.
a) Restructuring of the personnel resulted in a 28% reduction in personal services.
b) Although there was a 16% increase for more internet bandwidth there was a seven
percent decrease in other materials and services, first quarter to first quarter.
Internal Services Funds
These funds account for providing support between departments and they are funded on a cost
allocation basis. The internal services funds had a deficit in the first quarter of the last fiscal year.
In the current fiscal year there is a surplus. An interfund loan repayment and reductions in both
operating expenditures and capital outlay contributed to this improvement.
Central Service Fund
Central Service Fund's revenues-over-expenditures for this first quarter is higher than the
amount posted for the first quarter of the prior year. Elements are:
1. $34,000 more in internal service fees charged to the Street, Water and Wastewater
Funds to fund positions added to Public Works.
2. Software licensing fees were down in the Computer Services Division, and bank fees
were down in the City Recorder's department.
3. Less in capital purchases for software and equipment were made in the first quarter this
year, as compared to last year.
Insurance Fund
Insurance Fund increased the deficit in the current first quarter from the prior year first quarter.
1. Less money received in departmental contributions for worker compensation and
restitution from claims.
Page 5 of 7
Ir,
2. Materials & services increased $64,774 (24%). Last year the City's insurance provider
gave distribution credits against insurance premiums (Ashland's was $84,000) for
recognition of good loss experience that was not available this year.
Equipment Fund
Total revenues, first quarter to first quarter, increased $320,000 while expenditures decreased
$220,000. This resulted in $40,000 more revenue over expenditures. The prior year had a
$118,000 shortfall the first quarter.
1. Intergovernmental revenue increased $121,000 from federal grants for breathing
apparatus and hoses this first quarter.
2. $208,000 in an inter-fund loan repayment was posted this year, none last year at this
time.
3. Materials and services' increase in repairs from outside services was surpassed by the
decrease in equipment purchased in that the previous year's first quarter included
$207,000 for fire apparatus.
Park Funds
Parks & Recreation Fund
Changes in revenue and expenditures in the first quarter of this fiscal year compared to the prior
year were favorable for the Parks & Recreation fund resulting in a reduction of the deficit.
1. Total revenue is consistent with less property tax revenues received the first quarter but
more miscellaneous revenue from restitution for unauthorized tree removal.
2. Total expenditures decreased $30,000, primarily due to the reduction in the amount paid
to the City from Parks surplus ending fund balance.
a) This year a payment of $263,000 was made from Parks to the General Fund out of
Parks contract services to the General Fund charges for services.
b) Last year a transfer of $360,500 was made from Parks to the City's Reserve Fund.
c) Other changes include a one percent increase in revenue, a five percent increase in
personal services, and three percent increase in materials and services.
Parks Capital Fund
The Parks Capital Fund incurred a deficit this year in the first quarter resulting from the purchase
of a mower and a chipper.
Unaudited, detailed balance sheets, revenue and expenditure reports, and fund statements are
available for your review in the Administrative Services Department office at City Hall should you
require any additional information.
Page 6 of 7
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City of Ashland
Summary of Cash and Investments
September 30, 2012
Balance Balance Change From
Fund September 30, 2012 September 30, 2011 FY 2012
General Fund $ 2,486,848 $ 1,672,479 $ 814,369
Community Block Grant Fund 29,518 20,215 9,303
Reserve Fund 1,015,356 859,963 155,393 !
Street Fund 2,445,596 2,155,042 290,554
Airport Fund 92,767 50,835 41,932
Capital Improvements Fund 3,919,875 890,337 3,029,538
Debt Service Fund 309,147 172,582 136,565
Water Fund 2,643,712 2,011,075 632,637
Wastewater Fund 2,806,397 3,140,893 (334,496)
Electric Fund 2,342,331 1,863,480 478,851
Telecommunications Fund 381,685 289,193 92,492
Central Services Fund 1,442,762 851,807 590,955
Insurance Services Fund 851,622 760,898 90,724
Equipment Fund 2,929,700 1,773,508 1,156,192
Cemetery Trust Fund 863,025 846,528 16,497
$ 24,560,339 $ 17,358,837 $ 7,201,502
Parks & Recreation Agency Fund 1,461,346 1,496,504 (35,158)
1,461,346 1,496,504 (35,158)
Total Cash Distribution $ 26,021,685 $ 18,855,341 $ 7,166,344 i
Manner of Investment
General Banking Accounts $ 723,079 $ 1,494,272 $ (771,193)
Local Government Inv. Pool 25,298,606 16,361,069 8,937,537
City Investments - 1,000,000 (1,000,000)
Total Cash and Investments - $ 26,021,685 $ 18,855,341 $ 7,166,344
Dollar Distribution Cash Balance Distribution
lnsv Se Fu
InSUramx aend d Recse reaSOs FLANS clu,ma
Epuip,neNFunds 6% Judpmelds,
61X0000,2% Tusl. f606,762,
20% 3%
SM..
W.40.221.25% un......d,
$13.007,057
.6%
OeEI Reserved,
61]59,249,7% paler R-1d,
$4,259,249. 16% Asset .i1 Tpe, Busi nd S224,361 ,1%
Fu %
Funds s At Oder lGenend
TO,755. 0%
31% G 43%e0u $1@j66, O%
3. Sep RY13 F'w Re so
100=012 1
City of Ashland
Statement of Revenues and Expenditures - City Wide
For the third month ended September 30, 2012
I
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year 2013 Collected) Year-To-Date End-of-Year
Resource Summary Actuals Adopted Expended Balance Actuals Actuals
Revenues
Taxes 8 1,687,744 $ 19,824,473 8.5% $ (18,136,729) $ 1,602,359 $ 19,388,666
Licenses and Permits 166,095 508,000 32.7% (341,905) 110,132 1,340,102 i
Intergovernmental Revenues 1,213,946 8,433,178 14.4% (7,219,232) 871,728 3,450,632
Charges for Services - Rate B Internal 10,446,452 38,862,743 26.9% (28,415,291) 9,807,124 37,276,479
Charges for Services - Misc. Service fees 188,728- 757,511 24.9% (568,783) 137,812 979,445
System Development Charges 190,310 303,000 62.8% (112,690) 74,569 1,001,838
Fines and Forfeitures 38,205 155,000 24.6% (116,795) 47,795 168,305
Assessment Payments 6,775 10,000 67.7% (3,225) 1,249 43,542
Interest on lnve-saneds 40,411 167,800 24.1% (127,389) 39,184 211,369
Miscellaneous Revenues 267,578 579,402 462% (311,824) 125,971 1,187,120 '
Total Revenues 14,246,244 69,601,107 20.5% (55,354,863) 12,817,923 65,617,499
Budgetary Resources:
Other Financing Sources - 7,928,930 0.0% (7,928,930) - 3,060,434
Interfund Loans 208,000 408,000 510% (200,000) - 408,000
Transfers In 10,781 406,635 2.7% (395,854) 370,829 552,104
Total Budgetary Resources 218,781 8,743,565 25% (8,524,784) 370,829 4,020,538
Total Resources 14,465,025 78,344,672 18.5% (63,879,647) 13,188,752 69,068,038
Requirements by Classification
Personal Services 5,742,305 26,158,408 22.0% 20,416,103 5,760,626 23,697,544
Materials and Services 7,989,417 34,236,111 23.3% 26,246,694 7,536,470 28,670,127
Debt Service 1,079,674 4,513,787 23.9% 3,434,113 1,070,072 4,576,033
Total Operzfing Expenditures 14,811,396 64,908,306 22.8% 50,096,910 14,367,168 56,943,704
Capital Cunstuction
Capital Oulay 2,339,825 18,350,085 12.8% 16,010,260 986,306 5,376,567
Interfund Loans 208,000 408,000 51.0% 200,000 - 408,000
Transfers Out 10,781 406,635 2.7% 395,854 370,829 552,104
C trgerdrs 2,060,000 0.0% 2,060,000
Total Budgetary Requirements 218,781 2,874,635 7.6% 2,655,854 370,829 960,104
Total Requirements 17,370,002 86,133,026 20.2% 68,763,024 15,724,303 63,280,375
Excess (Deficiency) of Resources over
Requirements (2,904,976) (7,768,354) 62.7% 4,883,378 (2,535,551) 5,787,662
Working Capital Carryover 29,410,020 24,873,472 118.2% 4,536,548 23,622,352 23,622,352
I.
Unappropriated Ending Fund Balance $ 26,505,044 $ 17,085,118 155.1% $ 9,419,926 $ 21,086,801 $ 29,410,020
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City of Ashland
Schedule of Budgetary Compliance Per Resolution #2012-15
For the third month ended September 30, 2012
Fiscal Year 2013
Year-To-Date Fiscal Year 2013 Percent
Acluals Adopted Used Balance
General Fund
Administration $ 13,704 $ 259,170 5.3% S 245,466
Administration - Library 94,190 388,022 24.3% 293,832
Administration - Municipal Court 102,012 - 424,827 24.0% 322,815
Administrative Services- Social Services Grants 123,135 125,125 98.4% 1,990
Administrative Services - Economic & Cultural Grants 317,450 678,360 46.8% 360,910
Administrative Services - Miscellaneous 13,684 47,000 29.1% 33,316
Administrative Services - Band 33,889 58,500 57.9% 24,611
Police Department 1,311,436 5,794,103 22.6% 4,482,667
Fire and Rescue Department 1,388,523 5,942,575 23.4% 4,554,052
Public Works- Cemetery Division 76,532 341,793 22.4% 265,261
Community Development - Planning Division 274,636 1,259,536 21.8% 984,900
Community Development - Building Division 148,182 662,743 22.4% 514,561
Transfers 500 500 100.0% -
Contingency - 470,000 0.0% 470,000
Total General Fund 3,897,873 16,452,254 23.7% 12,554,381
Community Development Block Grant Fund
Personal Services 5,321 32,500 16.4% 27,179
Materials and Services 4,878 173,435 2.8% 168,557
Total Community Development Grant Fund 10,199 205,935 5.0% 195,736
Street Fund
PublicWorks - StreetOperations 1,227,483 5,943,110 20.7% 4,715,627
Public Works - Storm Water Operations 266,987 808,260 33.0% 541,273
Public Works- TransportationSDC's 51,752 275,911 18.8% 224,159
Public Works- Storm WaterSDC's 145,539 198,750 73.2% 53,211
- Debt - 50,000 0.0% 50,000
Contingency 100,000 0.0% 100,000
Total Street Fund 1,691,761 7,376,031 22.9% 5,684,270
Airport Fund
Materials and Services 13,961 64,950 21.5% 50,989
Debt Service 38,536 0.0% 38,536
Contingency - 5,000 0.0% 5,000 i
Total Airport Fund 13,961 108,486 12.9% 94,525
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3. Sep M3 FMa NReprcl.tlav 3
1WJU'N4
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Schedule of Budgetary Compliance Per Resolution #2012-15
For the third month ended September 30, 2012
I
Fiscal Year 2013 i
Year-To-Date Fiscal Year 2013 Percent
Actuals Adopted Used Balance i
Capital Improvements Fund
PublicWorks - Facilities 1,013,701 5,081,230 19.9%a 4,067,529
Administrative Services - Open Space (Parks) 40,103 1,892,000 2.1% 1,851,897
Transfers 9,055 36,135 25.1% 27,080
Other Financing Uses (Interfund Loan) 208,000 208,000 100.0% -
Contingency - 100,000 0.0% 100,000
Total Capital Improvements Fund 1,270,858 7,317,365 17.4% 6,046,507
Debt Service Fund
Debt Service 1,079,674 2,210,049 48.9% 1,130,375
Total Debt Service Fund 1,079,674 2,210,049 48.9% 1,130,375 I`
Water Fund
Electric - Conservation 31,641 195,070 16.2% 163,429
Public Works - Forest Lands Management Division 70,138 3,737,989 1.9% 3,667,851
PublicWorks - WaterSupply 51,222 413,355 12.4% 362,133
PublicWorks - WaterTreatment 228,535 1,345,025 17.0% 1,116,490
PublicWorks - WaterDivision 624,173 2,631,189 23.7% 2,007,016
Public Works - Improvement SDC's 11,849 330,250 3.6% 318,401
Public Works - DebtSDC's - 123,193 0.0% 123,193
Debt Service - 399,943 0.0% 399,943
Other Financing Uses (Interfund Loan) - 200,000 0.0% 200,000
Contingency - 300,000 0.0% 300,000
Total Water Fund 1,017,558 9,676,014 10.5% 8,658,456
WasteWater Fund
Public Works - Wastewater Collection 409,135 2,630,514 15.6% 2,221,379
Public Works - Wastewater Treatment 480,952 3,363,515 14.3% 2,882,563
Public Works- ReimbursementsSDC's - 7,500 0.0% 7,500
Public Works - Improvements SDC's 1,079 380,506 0.3% 379,427
Debt Service - 1,667,772 0.0% 1,667,772
Contingency - 160,000 0.0% 160,000
Total Wastewater Fund 891,166 8,209,807 10.9% 7,318,641
Electric Fund
Electric - Conservation Division 108,394 547,380 19.8% 438,986
Electric - Supply 1,441,218 7,736,300 18.6% 6,295,082
Electric - Distribution 1,368,112 6,402,580 21.4% 5,034,468
Electric - Transmission 252,488 971,773 26.0% 719,285
Debt Service - 24,294 0.0% 24,294
Contingency - 425,000 0.0% 425,000
Total Electric Fund 3,170,212 16,107,327 19.7% 12,937,115
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3. Sep FY13 R,a ARep A.
1w 12 4
Schedule of Budgetary Compliance Per Resolution #2012-15
For the third month ended September 30, 2012
Fiscal Year 2013 f
Year-To-Date Fiscal Year 2013 Percent '
Actuals Adopted Used Balance i
Telecommunications Fund ~
IT- Internet Personal Services 111,354 629,045 17.7% 517,691 j
IT - Internet Materials & Services 201,030 887,817 22.6% 686,787
IT- Internet Capital Outlay 15,366 100,000 15.4% 84,634
Debt - To Debt Service Fund" 200,000 409,000 48.9% 209,000
Contingency - 100,000 0.0% 100,000
Total - Telecommunications Fund 527,751 2,125,862 24.8% 1,598,111
"Note: In Internet appropriation
Central Services Fund
Administration Department 303,646 1,505,343 20.2% 1,201,697
IT- Computer Services Division 214,085 1,158,973 18.5% 944,888
Administrative Services Department 398,453 1,902,779 20.9% 1,504,326
City Recorder 79,601 324,681 24.5% 245,080
Public Works - Administration and Engineering 350,332 1,614,715 21.7% 1,264,383 I
Contingency - 150,000 0.0% 150,000
Total Central Services Fund 1,346,117 6,656,491 20.2% 5,310,374
Insurance Services Fund
Personal Services 19,344 83,130 23.3% 63,786
Materials and Services 339,982 676,500 50.3% 336,518
Contingency - 150,000 0.0% 150,000
Total Insurance Services Fund 359,326 909,630 39.5% 550,304 f
Equipment Fund
Public Works - Maintenance 241,930 993,965 24.3% 752,035
Public Works - Purchasing and Acquisition 129,315 1,037,000 12.5% 907,685
Contingency - 50,000 0.0% 50,000
Total Equipment Fund 371,245 2,080,965 17.8% 1,709,720
Cemetery Trust Fund
Transfers 1,226 20,000 6.1% 18,774
Total Cemetery Trust Fund 1,226 20,000 6.1% 18,774 i
3. Sep Fl13 Rra AWA. 5
1M 13
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Schedule of Budgetary Compliance Per Resolution #2012-15
For the third month ended September 30, 2012
I
Fiscal Year 2013
Year-To-Date Fiscal Year 2013 Percent
Acluals Adopted Used Balance
Parks and Recreation Fund
Parks Division 1,172,920 3,956,910 29.6% 2,783,990
Recreation Division 279,812 1,239,780 22.6% 959,968
Golf Division 129,617 485,120 26.7% 355,503
Transfers 350,000 0.0% 350,000
Contingency - 50,000 0.0% 50,000
Total Parks and Recreation Fund 1,582,349 6,081,810 26.0% 4,499,461
Youth Activities Levy Fund `
Materials and Services - - -
Total Youth Activities Levy Fund - - -
Parks Capital Improvement Fund
Materials and Services 2,901 - N/A (2,901)
Capital Outlay 135,822 595,000 22.8% 459,178
Total Parks Capital Improvement Fund 138,723 595,000 23.3% 456,277
Total Appropriations $ 17,370,002 $ 86,133,026 20.2% $ 68,763,024
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3. Sep M3 Fna iRe Md 6
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
110 General Fund
Taxes $ 1,551,608 $ 12,232,260 12.7% $ (10,680,652) $ 1,439,162 $ 11,794,200
Licenses and Permits 166,095 508,000 32.7% (341,905) 110,132 1,340,102
Intergovernmental 104,353 656,140 15.9% (551,787) 151,497 608,483
Charges for Services 634,101 1,737,775 36.5% (1,103,674) 357,250 1,488,570
Fines 38,205 155,000 24.6% (116,795) 47,795 168,305 j
Interest on Investments 4,729 20,000 23.6% (15,271) 4,265 25,170 i
Miscellaneous 22,765 62,600 36.4% (39,835) 30,992 218,879
Transfer In (Cemetery Fund) 1,226 20,000 6.1% (18774) 1,367 4,805
Total Revenues and Other Sources 2,523,082 15,391,775 16.4% (12,868,693) 2,142,460 15,648,514
Administration 13,704 259,170 53% 245,466 30,764 90,544
Administrationlibrary 94,190 388,022 24.3% 293,832 91,446 365,786
Administration Municipal Court 102,012 424,827 24.0% 322,815 113,281 430,507
Finance- Social Services Grants 123,135 125,125 98.4% 1,990 117,678 121,004
Finance- Economic B Cull Grants 317,450 678,360 46.8% 360,910 299,923 602,293
Finance - Miscellaneous 13,684 47,000 29.1% 33,316 17,593 70,988
Finance - Band 33,889 58,500 57.9% 24,611 31,056 51,357
Police Department 1,311,436 5,794,103 22.6% 4,482,667 1,357,063 5,645,100
Fee and Rescue Department 1,388,523 5,942,575 23.4% 4,554,052 1,357,886 5,444,097
Public Works - Cemetery Division 76,532 341,793 22.4% 265,261 97,752 337,724
Community Development- Planning Division 274,636 1,259,536 21.8% 984,900 273,942 1,172,050
Community Development- Building Division 148,182 662,743 22.4% 514,561 450,030 609,301
Transfers (Cemetery and Reserve Fund) 500 500 100.0% - - 150,500
Contingency - 470,000 0.0% 470,000 -
Total Expenditures and Other Uses 3,897,873 16,452,254 23.7% 12,554,381 3,938,414 15,091,251
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (1,374,790) (1,060,479) -29.6% (314,311) (1,795,954) 557,263
Fund Balance, Jul 1, 2012 3,495,819 2,624,349 133.2% 871,470 2,938,556 2,938,556
Fund Balance, Sep 30, 2012 $ 2121029 $ 1,563,870 135.6% $ 557,159 $ 1,142,602 $ 3,495,819
Reconciliation of Fund Balance:
Restricted and Committed Funds 817,539
Unassigned Fund Balance $ 1,303,490
,
3S n1)rwo+avnm 7
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
I
Fiscal YearM3 Percent Fiscal Year 2012 Fiscal Year2012
Year-Tc-Dale Fiscal Year Collected) Year-To-Date End-of-Year i
Actuals 2013 Adopted Expended Balance Actuals Actuals
250 Community Development Block Fund
Intergovernmental $ 4,832 $ 171,511 2.8% $ (166679) $ 3,574 $ 203,945
Total Revenues and Other Sources 4,832 171,511 2.8% (166,679) 3,574 203,945
Personal Services 5,321 32,500 16.4% 27,179 19,457 37,251
Materials and Services 4,878 173,435 2.8% 168,557 4,328 167,320
Total Expenditures and Other Uses 10,199 205,935 5.0% 195,736 23,785 204,571
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Eccess(Deliciency) of Revenues and Other
Sources over ExpendiWres and Other Uses (5,367) (34,424) 15.6% 29,057 (20,211) (626)
Fund Balance, Jul 1, 2012 33,798 34,424 982% (626) 34,424 34,424
Fund Balance, Sep 30, 2012 $ 28,431 $ NIA $ 28,431 $ 14,213 $ 33,798
Reconciliation of Fund Balance:
Restricted and Committed Funds 28,431
Unassigned Fund Balance $ - ;
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 201E
Year-TO-Date Fiscal Year Collected) Year-TO-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
255 Reserve Fund
Interest on Investments $ 1,446 $ 6,000 24.1% $ (4,554) $ 1,282 $ 5,408
Transfer in (General Fund) - - NIA - 150.000
Transfer In (Parks General Fund) NIA - 349,000 349,000
Total Revenues and Other Sources 1,446 6,000 24.1% 350,282 504,408
I
Total Expenditures and Other Uses - WA - -
Excess(DeBCiency) of Revenues and Other
Sources over Expenditures and Other Uses 1,446 6,000 24.1% (4,554) 350,282 504,408
Fund Balance, Jul 1, 2012 1,013,910 1,012,502 1011% 1,408 509,502 509,502
Fund Balance, Sep 30, 2012 $ 1,015,356 $ 1.018502 99.7% $ (3146) $ 859784 S 1.013,910
Reconciliation of Fund Balance:
Restricted and Committed Funds 1,015,356
Unassigned Fund Balance $ 0
ixa rrnr.~rmnm g
imorzcn
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012 -
Fiscal Year2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year CollectedI Year-To-Dale End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
260 Street Fund
Taxes $ - $ 50,000 0.0% $ (50,000) $ - $ 53,314
Intergovernmental 866,160 3,312,707 26.1% (2,446,547) 613,057 1,966,707
Charges for Services - Rates 472,990 1,983,000 23.9% (1,510,010) 471,775 1,896,310
Charges for Services- Misc. Service Fees 4,934 16,000 30.8% (11,066) 3,537 17,719 t
System Development Charges 47,126 65,000 72.5% (17,875) 19,851 381,738
Assessments 6,775 10,000 67.7% (3,225) 1,249 43,542
Interest on Investments 4,169 12,000 34.7% (7,831) 3,683 20,908
Misce$anecus 107,307 55,000 195.1% 52,307 - 13,376
Other Financing Sources - 1,210,223 00% (1210223) - -
TotalRevenues and Other Sources 1,509,460 6,713,930 225% (5,204,470) 1,113,152 4,393,614
I
Public Works - Steel Operations 1,227,483 5,943,110 20.7% 4,715,627 791,600 2,788,840
Public Woks- Storm Water Operations 266,987 808,260 33.0% 541,273 135,249 552,940 I
Public Works- Transportation SDCs 51,752 275,911 18.8% 224,159 1,297 119,923
Public Works - Scam Water SDC's 145,539 198,750 73.2% 53,211 - 17,602
Public Works- Laval Improvement Disticls - - WA - 360 107,317
Debt Service - 50,000 0.0% 50,000 - -
Contingency - 100,000 0.0% 100,000 -
Total Expenditures and Other Uses 1,691,761 7,376,031 229% 5,684,270 928,506 3,586,622
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (182,301) (662,101) 72.5% 479,800 184,546 805,992
Fund Balance, JUl 1, 2012 3,043,292 2,332,094 130.5% 711,198 2,236,300 2,235,300
Fund Balance, Sep 30, 2012 $ 2,860,991 $ 1,669,993 171.3% $ 1,190,998 $ 2,420,946 $ 3,043,292
Reconciliation of Fund Balance:
Restricted and Committed Funds 2,352,315
Unassgned Fund Balance $ 508,676
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3. &pfYll GwwlWprtW 10
iVII'141]
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-TO-Date Fiscal Year CollectedI Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
280 Airport Fund
Charges for Services - Rates $ 35,602 $ 130,000 27.4% $ (94,398) $ 18,391 $ 112,506
Interest on Investments 124 300 41.3% (176) 74 392 {
Total Revenues and Other Sources 35,725 130,300 27.4% (94,575) 18,465 112,898
Materials and Services 13,961 64,950 21.5% 50,989 13,168 50,734
Debt Service - 38,536 0.0% 38,536 - 38,536
Contingency - 5,000 0.0% 5,000 -
Total Expenditures and Other Uses 13,961 108,486 12.9% 94,525 13,168 89,270
Excem(DeBCiency) of Revenues and Other
Sources over Expenditures and Other Uses 21,765 21,814 99.8% (50) 5,297 23,628
Fund Balance, Jul 1, 2012 83,711 77,462 108.1% 6,249 60,083 60,083
Fund Balance, Sep 30, 2012 $ 105,476 $ 99276 106.2% 4 6,200 $ 65,380 $ 83,711
Reconciliation of Fund Balance:
Restricted and Committed Funds 105,476
Unassigned Fund Balance $
~.smrvnrnra rwrm 11
iaxrzorz
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012 i
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Dale Fiscal Year CollectedI Year-TO-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
410 Capital Improvements Fund
Taxes S 16,580 IS 443,000 3.7% $ (426,420) $ 18,074 $ 426,757
Intergovernmental 86,194 490,000 17.6% (403,806) 33,069 99,591
Charges for Services - Internal 232,157 930,000 25.0% (697,843) 232,157 928,627
Charges for Services - Misc. Service Fees 26,232 50,000 52.5% (23,768) 27,801 42,456
System Development Charges 17,547 22,000 79.8% (4,453) 6,644 46,490
Interest on Investments 6,072 12,000 50.6% (5,928) 2,562 23,917
Miscellaneous - 1,000 0.0% (1,000) 595 1,301
Other Financing Sources - 1,892,000 0.0% (1892000) - 3,060,434
Total Revenues and Other Sources 384,782 3,840,000 10.0% (3455218) 320,902 4,629.573
Public Works - FBNities 1,013,701 5,081,230 19.9% 4,067,529 196,650 1,725,510
Administrative Services- Open Space (Parks) 40,103 1,892,000 2.1% 1,851,897 14,431 331,639
Transfers (Debt Service Fund) 9,055 36,135 25.1% 27,080 20,462 47,800
Intedund Loan (Equipment Fund) 208,000 208,000 100.0% 208,000
Contingency - 100,000 0.0% 100,000 - -
Total Expenditures and Other Uses 1,270,858 7,317,365 17.4% 5,945,507 231,543 2,312,949
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (886,076) (3,477,365) 74.5% 2,591,289 89,359 2,316,624
Fund Balance, Jul 1, 2012 4,449,285 4,023,003 110.6% 426,282 2,132,661 2,132,661
Fund Balance, Sep 30, 2012 $ 3,563,209 $ 545,638 6510% $ 3,017,571 $ 2,222,020 $ 4,449,285
Reconciliation of Fund Balance:
ReaNCted and Committed Funds 2,762,889
Unassigned Fund Balance $ 800,319
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 - Percent Fiscal Year 2012 Fiscal Year 2012
Year-TO-Date Fiscal Year Collected) Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals i
530 Debt Services
Taxes $ 7,131 $ 852,163 0.8% $ (845,032) E 5,833 $ 995,950
Charges for Services - Internal 386,325 1,153,878 33.5% (767,553) 395,325 1,154,300 i
Charges for Services - Misc. Service Fees 18,628 74,511 25.0% (55,883) 18,628 74,512 I
Interest on Invesbnents 645 2,100 30.7% (1,455) 368 5,847
Miscellaneous - 29,302 0.0% (29,302) - 29,302
Transfer In(CIP) 9,055 36,135 25.1% (27080) 20462 47,800
Total Revenues and Other Sources 421,783 2,148,089 19.6% (1,726,306) 440,616 2,307,711
Debt Service 1,079,674 2,210,049 48.9% 1.130375 1,070,072 2,134,309
Total Expenditures and Other Uses 1,079,674 2,210,049 489% 1,130,375 1,070,072 2,134,309
Excess(Defidengy) of Revenues and Other
Sources over Expenditures and Other Uses (657,891) (61,960) -961.8% (595,931) (629,456) 173,402
Fund Balance, Jul 1, 2012 982,650 1,011.586 97.1% (20936) 809,248 809,248
Fund Balance, Sep 30, 2012 $ 324,759 $ 949,626 34.2% $ (624 867) $ 179,792 $ 982,650
Reconciliation of Fund Balance:
Restricted and Committed Funds 324,759
Unassigned Fund Balance $
i
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iarrmrz
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Yeardo-Dale Fiscal Year Collected) Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
670 Water Fund
Taxes 6 $ 50 113% $ (44) $ 9 $ 52
Intergovernmental - 3,600,000 0.0% (3,600,000) 49,039 336,811
Charges for Services - Rates 1,977,803 5,147,000 38.4% (3,169,197) 1,790,253 4,772,573
Charges for Services- Misc. Service Fees 14,595 22,000 663% (7,405) 11,842 118,659
System Development Charges 95,817 150,000 63.9% (54,183) 36,698 491,612
i
Interest on Investments 3,383 10,000 33.8% (6,617) 3,080 16,598
Miscellaneous 1,689 25,000 6.8% (23,311) 5,332 9,318
Over Financing Sources - 1,117,050 0.0% (1117050) -
Total Revenues and Other Sources 2,093,293 10,071,100 20.8% (7,977,807) 1,896,253 5,745,623
Electric - Conservation 31,641 195,070 16.2% 163,429 37,717 145,716
Public Works-Forest Lands Management 70,138 3,737,989 1.9% 3,667,851 121,565 485,728
Public Works - Water Supply 51,222 413,355 12.4% 362,133 48,870 414,463
Public Works-Water Treatment 228,535 1,345,025 17.0% 1,116,490 255,834 980,798
Public Works - Water Operators 624,173 2,631,189 23.7% 2,007,016 571,082 2,196,075 1
Public Works- Reimbursement SDC's - - NIA - 127 96,007
Public Works- Improvement SDC's 11,849 330,250 3.6% 318,401 33,739 45,273
Public Works- Debt Service SDC's - 123,193 0.0% 123,193 - 124,860
Debt Service - 399,943 0.0% 399,943 - 560,197
Other Financing Uses (Inledund Loan) - 200,000 0.0% 200,000 - 200,000
Contingency - 300,000 0.0% 300,000 -
Total Expenditures and Other Uses 1,017,558 9,676,014 10.5% 8,658,456 1,068,934 5,249,117
Excess(Deficiency) of Revenues and Other
Sources over Fxpendibires and Other Uses 1,075,735 395,086 272.3% 680,649 827,319 496,506
Fund Balance, Jul 1, 2012 2,708,907 1,887,958 143.5% 820,949 2,212,401 2,212,401
Fund Balance, Sep 30, 2012 $ 3,784,642 $ 2,283,044 165.8% $ 1,501,598 $ 3,039,720 $ 2,708,907
Reconciliation of Fund Balance:
Restricted and Committed Funds 2,227,914
Unassigned Fund Balance $ 1,556,728
W M rm,ctllbM.tlv, 14
momma
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year collectedI Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
675 Wastewater Fund
Taxes $ 66,324 $ 1,735,000 3.8% $ (1,668,676) $ 72,296 $ 1,707,027
Charges for Services - Rates 1,029,531 3,935,000 26.2% (2,905,469) 943,367 3,586,913
Charges for Services - Misc. Service Fees - 12,000 0.0% (12,000) 1,435 14,987 j
System Development Charges 29,821 66,000 45.2% (36,179) 11,376 81,998
Interest on Investments 3,614 20,000 18.1% (16,386) 4,774 25,333
Miscellaneous 280 3,000 92% (2,720) - 2,145
Other Financing Sources - 2,309,657 0.0% (2,309,657) - -
Total Revenues and Other Sources 1,129,570 8,080,657 14.0% (6,951,087) 1,033,248 5,418,403
Public Works- Wastewater Collection 409,135 2,630,514 15.6% 2,221,379 444,720 1,683,265
Public Works- Wastewater Treatment 480,952 3,363,515 14.3% 2,882,563 505,397 2,353,373
Public Works- Reimbursements$DCs - 7,500 0.0% 7,500 625 1,471
Public Works- Improvements SDC's 1,079 380,506 0.3% 379,427 9,343 193,724
Debt Service - 1,667,772 0.0% 1,667,772 - 1,641,874
Contingency - 160,000 0.0% 160,000
Total Expenditures and Other Uses 8111,166 8,209,807 10.9% 7,318,641 960,085 5,873,707
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses 238,404 (129,150) 284.6% " 367,554 73,163 (455,304)
Fund Balance, Jul 1, 2012 2,794,809 2,365,009 118.2% 429,800 3,250,113 3,250,113
Fund Balance, Sep 30, 2012 $ 3,033,213 $ 2,235,859 135.7% $ 797,354 $ 3,323,276 $ 2,794,809
Reconciliation of Fund Balance:
Reshicled and Committed Funds 2,618,536
Unassigned Fund Balance $ 414,677
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rvmav
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year2012 Fiscal Year 2012
Year-TO-Date Fiscal Year CollectedI Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuate
690 Electric Fund
Intergovernmental $ 31,903 $ 200,000 16.0% $ (168,097) $ 21,492 $ 125,153
Charges for Services - Rates 2,907,712 13,109,040 22.2% (10,201,328) 2,791,199 12,305,176
Charges for Services- Misc. Service Fees 54,149 210,000 25.8% (155,851) 19,435 222,804 11
Interest on lnvestnents 2,382 15,000 15.9% (12,618) 3,039 11,957
Miscellaneous 64,130 180,000 35.6% (115,670) 41,068 534,471
Other Financing Sources - 1,400,000 0.0% (1,400,000) - -
Total Revenues and Other Sources 3,060,276 15,114,040 20.2% (12,053,764) 2,876,233 13,199,561 4I
Electric- Conservation Division 108,394 547,380 19.8% 438,986 141,757 526,708
Electric - Supply 1,441,218 7,736,300 18.6% 6,295,082 1,281,826 5,934,651
Electric - Distribution 1,368,112 6,402,580 21.4% 5,034,468 1,327,847 5,919,450
Electric - Transmission 252,488 971,773 26.0% 719,285 211,955 852,382
Debt Service - 24,294 0.0% 24,294 - 24,564
Contingency 425,000 0.0% 425,000 -
Total Expenditures and Other Uses 3,170,212 16,107,327 19.7% 12,937,115 2,963,385 13,257,755
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (109,936) (993,287) 88.9% 883,351 (87,152) (58,194)
Fund Balance, Jul 1, 2012 . 2,418,100 2,070,401 1168% 347,699 2,476,294 2,476,294
Fund Balance, Sep 30,2012 $ 2,308,164 $ 1,077,114 2143% $ 1,231,050 $ 2,389,142 $ 2,418,100
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance $ 2,308,164
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
691 Telecommunications Fund
Charges for Services - Rates $ 460,858 $ 1,832,582 25.1% $ (1,371,724) $ 509,423 $ 1,931,126
Intereston Investments 501 2,500 20.0% (1,999) 425 3,304
Miscellaneous 13,092 5,000 261.8% 8,092 1
Total Revenues and Other Soums 474,452 1,840,082 258% (1,365,630) 509,848 1,934,431
Personal Services 111,354 629,045 173% 517,691 154,299 593,180
Materials B Services 201,030 887,817 22.6% 686,787 219,089 609,682
Capital Outlay 15,366 100,000 15.4% 84,634 13,525 53,542
Debt- Transfer to Debt Service Fund 200,000 409,000 48.9% 209,000 209,000 409,000
Contingency 100,000 0.0% 100,000 - -
Total Expenditures and Other Uses 527,751 2,125,862 24.8% 1,598,111 595,913 1,865,404
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (53,299) (285,780) 81.3% 232,481 (86,065) 69,027
Fund Balance, Jul 1, 2012 586,943 439,778 1335% 147,165 517,916 517,916 i
Fund Balance, Sep 30, 2012 $ 533,644 $ 153,998 346.5% $ 379,645 $ 431,851 $ 586,943
Reconciliation of Fund Balance:
Resbided and Committed Funds 209,000
Unassgned Fund Balance $ 324,644
uowiaq.m vm2w 17
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i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year CollectedI Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuate Actuals
710 Central Service Fund
Taxes $ 4,538 $ 59,000 7.7% $ (54,462) $ 8,043 $ 61,629
Intergovernmental - 2,820 0.0% (2,820) -
ChargesforServices - Intemal 1,437,200 5,613,200 25.6% (4,176,000) 1,403,200 5,612,800
Charges for Services - Misc. Service Fees 43,414 298,000 14.6% (254,586) 25,642 403,772
Interest on Investments 1,820 5,000 364% (3,180) 1,265 6,141 i
Miscellaneous 28,234 110,000 25.7% (81766) 29,043 118,885
Total Revenues and Other Sources 1,515,205 6,088,020 24.9% (4,572,815) 1,467,193 6,203,227
Administration Department 303,646 1,505,343 20.2% 1,201,697 293,200 1,215,501
R- Computer Services Division 214,085 1,158,973 18.5% 944,888 321,082 1,087,264
Administrative Services Department 398,453 1,902,779 20.9% 1,504,326 378,165 1,702,733
City Recorder Division 79,601 324,681 24.5% 245,080 83,885 319,864
Public Works- Administration and Engineering 350,332 1,614,715 21.7% 1,264,383 345,688 1,385,000
Condngency 150,000 0.0% 150,000 - -
Total Expenditures and Other Uses 1,346,117 6,656,491 202% 5,310,374 1,422,020 5,710,362
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses 169,088 (568,471) 129.7% 737,559 45,173 492,865
Fund Balance, Jul 1, 2012 984,411 600,979 163.8% 383,432 491,546 491,546
Fund Balance, Sep 30,2012 $ 1,153,499 $ 32,508 3548.4% $ 1,120,991 $ 536,719 $ 984,411
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance $ 1,153,499
rsnrrnrw.w wrn.m 18
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-TaDale Fiscal Year Collected) Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals i
720 Insurance Service Fund
Charges for Services - Internal $ 179,320 $ 734,705 24.4% $ (555,385) $ 185,061 $ 729,545
Interest on lnveslmenis 1,259 5,000 25.2% (3,741) 1,256 6,646
Miscellaneous 25 30,000 0.1% (29975) 7,259 194,645
Total Revenues and Other Sources 180,605 769,705 23.5% (589,100) 193,576 930,835
Personal Services 19,344 83,130 23.3% 63,786 20,016 81,616
Materials and Services 339,982 676,500 50.3% 336,518 275,209 693,611
Contingency - 150,000 0.0% 150,000 -
Total Expenditures and Other Uses 359,326 909,630 39.5% 550,304 295,225 775,227
Fxcess(Defidency) of Revenues and Other
Sources over Expenditures and Other Uses (178,722) (139,925) -27.7% (38,797) (101,649) 155,609
Fund Balance, Jul 1, 2012 761552 617,493 123.3% 144,059 605,943 605,943
Fund Balance, Sep 30, 2012 $ 582,831 $ 477,568 122.0% $ 105,263 $ 504,294 $ 761,552
Reconciliation of Fund Balance:
Restricted and Committed Funds 400,000
Unassigned Fund Balance $ 182,831 -
ssnnv,.m+ws+m 19
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i
City of Ashland j
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Dale Fiscal Year Collected) Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
730 Equipment Fund
Intergovernmental $ 120,504 $ - NIA $ 120,504 $ - $ 76,825
Charges for Services - Internal 440,391 1,698,563 25.9% (1,258,172) 440,391 1,761,563
Charges for Services - Misc. Service Fees 26,777 75,000 35.7% (48,223) 29,493 84,536
Interest on Investments 5,637 25,000 22.5% (19,363) 8,787 33,140 i
Miscellaneous 30 55,000 01% (54,970) 1,526 29,149
Other Financing Sources 208,000 408,000 51.0% (200000) - 408,000
Total Revenues and Other Sources 801,338 2,261,563 35.4% (1,460,225) .480,197 2,393,213
Public Works - Maintenance 241,930 993,965 24.3% 752,035 219,962 972,839
Public Works- Purchasing and Acquisition 12%315 1,037,000 12.5% 907,685 378,020 799,438
Contingency 50,000 0.0% 50,000 -
Total Expenditures and Other Uses 371,245 2,080,965 17.8% 1,709,720 597,982 1,772,277 I
Excess(De0ciency) of Revenues and Other
Sources war Expenditures and Other Uses 430,093 180,598 238.1% 249,495 (117,785) 620,936
i
Fund Balance, Jul 1, 2012 2,479,905 2,372,415 104.5% 107,490 1,858,969 1,858,969
Fund Balance, Sep 30, 2012 $ 2,909,998 $ 2,553,013 114.0% $ 356,985 $ 1,741,184 $ 2,479,905
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance $ 2,909,998
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year CollectedI Year oo-Date End-of-Year
Acluals 2o13 Adopted Expended Balance Actuals Actuals
810 Cemetery Fund
Charges for Services E 5,017 $ 25,000 20.1% $ (19,983) S 16,629 $ 28,035
Interest on lnvessnents 1,226 20,000 6.1% (18,774) 605 5,911
Transfer(General Fund) 500 500 100.0% - - 500
Total Revenues and Other Sources 6,744 45,500 14.8% (38,756) 17,234 34,446
Transfers 1,226 20,000 6.1% 18,774 1,367 4,805
Total Expenditures and Other Uses 1,226 20,000 6.1% 18,774 1,367 4,805
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses 5,518 25,500 21.6% (19,982) 15,867 29,641
Fund Balance, Jul 1, 2012 861,244 867,103 99.3% (5859) 831,603 831,603
Fund Balance, Sep 30,2012 4 866,762 $ 892,603 97.1% $ (25841) $ 847,470 $ 851,244
Reconciliation of Fund Balance:
Reshicted and Committed Funds 866,762
Unassigned Fund Balance S (01
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3a M'F'..~wro es 21
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i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
I
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year Collected) Year-To-Date Endo-Year
Actuals 2013 Adopted Expended Balance Actuals Actuals
211 Parks and Recreation Fund
Taxes $ 41,232 $ 4,445,000 10.9% $ (4,403,768) $ 53,420 $ 4,339,310
Intergovernmental - - NIA - - 33,117
Charges for Services 247,444 805,000 30.7% (557,556) 252,704 899,765
Interest on Investments 2,775 11,000 251% ($225) 2,947 18,329 -
Miscellaneous 30,025 23,500 127.8% 6,525 10,158 22,127
Total Revenues and Other Sources 321,477 5,284,500 6.1% (4,963,023) 319,229 5,312,648
I
Parks Dv[sion 1,172,920 3,956,910 29.6% 2,783,990 868,387 3,488,488
Recreation Dresion 279,812 1,239,780 22.6% 959,968 289,881 1,032,591
Goff Division 129,617 485,120 26.7% 355,503 106,637 414,373
Other Financing Uses - Transfers - 350,000 0.0% 350,000 349,000 349,000
Conlingency - 50,000 0.0% 50,000 -
Total Expenditures and Other Uses 1,582,349 6,081,810 26.0% 4,499,461 1,613,905 5,284,452
Excess(Defidenc7) of Revenues and Other
Sources over Expenditures and Other Uses (1,260,872) (797,310) -58.1% (463,562) (1,294,676) 28,196
Fund Balance, Jul 1, 2012 2,242,227 2,087,749 107.4% 154,478 2,214,031 2,214,031
Fund Balance, Sep 30, 2012 $ 981,355 $ 1,290,439 760% 8 (309,084) $ 919,355 $ 2,242,227
Reconcillabon of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance $ 981,355 _
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22
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City of Ashland j
Statement of Resources, Requirements, and Changes in Fund Balance j
September 30, 2012
i
Fiscal Year 2013 percent Fiscal Year 2012 Fiscal Year 2012
Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year
Actuals 2013 Adopted Expended Balance Acluals Actuals
221 Youth Activities Levy Fund
Taxes 3 325 $ 8,000 4.1% $ (7,675) $ 5,523 $ 10,427
Total Revenues and Other Sources 325 8,000 4.1% (7,675) 5,523 10,427
Materials and Services - - NIA - - -
Total Expenditures and Other Uses NIA - -
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses 325 8,000 4.1% (7,675) 5,523 10,427 i
Fund Balance, Jul 1, 2012 20,325 (8,000) 354,1% (28,325) 9,898 9,898
Fund Balance, Sep 30, 2012 $ 20,650 $ 0.0% $ (36,000) $ 15,421 $ 20,325
Reconciliation of Fund Balance:
Reshicted and Committed Funds 20,650
Unassigned Fund Balance $
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City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2012
Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012
Year•To-Date Fiscal Year Collected) Year-Wate End-of-Year
Actuate 2013 Adopted Expended Balance Actuals Actuals
411 Parks Capital Improvement Fund
Charges for Services $ - $ 28,000 0.0% $ (28,000) $ - $ 68,671
Interest on Investments 630 1,900 33.1% (1,270) 774 2,369
Miscellaneous - - NIA - - 13,522
Transfer (Park Fund) 350,000 0.0% (350,000)
. Total Revenues and Other Sources 630 379,900 0.2% (379,270) 774 84,562
Materials and Services 2,901 - WA (2,901) i
Capital Ou0ay 135,822 595,000 22.8% 459,178 - 68,296
Total Expenditures and Other Uses 138,723 595,000 23.3% 456,277 - 68,296
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (138,093) (215,100) 35.8% 77,007 774 16,266
Fund Balance , Jul 1, 2012 449,132 457,167 98.2% (8,035) 432,866 432,866
Fund Balance , Sep 30, 2012 $ 311,039 $ 242,067 128.5% $ 68,972 $ 433,640 $ 449,132
Reconciliation of Fund Balance:
Restricted and Committed Funds 265,000
Unassigned Fund Balance $ 46,039
i
~.,oa
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
Second Reading of an Ordinance Amending AMC Chapter 10.110, Fair Housing
Ordinance
FROM:
Linda Reid, Housing Program Specialist, Planning, reidl@ashland.or.us
SUMMARY
The City of Ashland is updating the Fair Housing Ordinance as suggested by the Analysis of
Impediments to Fair Housing Choice study completed in 2009. The proposed revisions to the
ordinance bring Ashland's existing ordinance into accord with the protections and definitions provided
in State and Federal Fair Housing law; and adds a "reasonable accommodation" clause for persons
with disabilities.
BACKGROUND AND POLICY IMPLICATIONS:
The City Council approved first reading of an ordinance amending the City's existing Fair Housing
Ordinance with three corrections, (under section 10.110.040 C, D and E, change the reference to
prohibitions in section 10.110.020 to 10.110.030), at the regular meeting held on October 16`h 2012.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of second reading of the ordinance amendment.
SUGGESTED MOTION:
I move for approval second reading, by title only, of an Ordinance titled, "An Ordinance Amending
Ashland Municipal Code, Chapter 10.110 Fair Housing".
ATTACHMENTS:
Amended Fair Housing Ordinance
Page 1 of 1
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL
CODE CHAPTER 10.110 FAIR HOUSING
Annotated to show del sand additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland contracted with the Fair Housing Council of Oregon to
complete and Analysis of Impediments to Fair Housing Choice which recommended that the
City undertake an update of the Fair Housing Ordinance, and
WHEREAS, the City of Ashland Housing Commission considered the above-referenced
recommendation and finalized the recommended amendments to the Ashland Municipal Code at
a duly advertised public hearing on August 22, 2012 and following deliberations recommended
approval of the amendments to the City Council on October 16, 2012.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC Chapter 10.110 Fair Housing is hereby amended to read as follows:
SECTION 10.110.010 Declaration of Policy.
It is hereby declared to be the policy of Ashland, Oregon, in the exercise of its policy power for
the public safety, public health, and general welfare to assure equal opportunity to all persons to
live in decent housing facilities regardless of race, color, religion, sex, sexual orientation, eg nder
identity, national origin, source of income, or familial status and, to that end, to prohibit
discrimination in housing by any persons. (Ord. 2746, 1994)
Ordinance No. Page 1 of 7
SECTION 10.110.020 Definitions.
When used herein:
A. "Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives
and condominiums.
B. "Discrimination" or "discriminatory housing practice" means any difference in treatment
based upon race, color, religion, sex, sexual orientation, national origin, disability or
familial status; or any act that is unlawful under this ordinance. (Ord. 2713, 1993)
C. "Person" includes individuals, children, firms, associations, joint adventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all
other groups or combinations.
D. "Owner" includes a lessee, sublessee, co-tenant, assignee managing agent or other person
having the right of ownership or possession, or the right to sell, rent or lease any housing
accommodation.
E. "Financial Institution" includes any person, as defined herein, engaged in the business of
lending money or guaranteeing losses.
F. "Housing accommodation" or "Dwelling" means any building, mobile home or trailer,
structure, or portion thereof which is occupied as, or designed, or intended for occupancy,
as, a residence by one or more families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such building, mobile home or
trailer, structure, or portion thereof or any real property, as defined herein, used or
intended to be used for any of the purposes set forth in this subsection.
G. "Open Market" means the market which is informed of the availability for sale, purchase,
rental or lease of any housing accommodation, whether informed through a real estate
broker or by advertising by publication, signs or by any other advertising methods
directed to the public or any portion thereof, indicating that the property is available for
sale, purchase, rental or lease.
H. "Older Person" A person of age fifty-five (55) or older.
1. "Familial Status" The presenee or absenee of .Mild-en within a household unit Undo
eighteen (18)),ear-s of age. means a relationship between one or more individuals
who have not attained 18 years of age and an adult with whom the individual(s) is
(are) domiciled and who is (1) a parent or person having legal custody of the
individual(s), or (2) an adult to whom such parent or person having such custody
has given written permission to provide housing for the individual(s). "Familial
Status" also means the condition of being and individual, regardless of age or
domicile, who is pregnant or is in the process of securing legal custody of an
individual who has not attained 18 years of age.
J. "Disability" means a physical or mental impairment which substantially limits one or
more major life activities. "Disability" includes having a record of such an impairment or
being regarded as having such an impairment
K. "Sexual orientation" means attraction to or selection of a sexual partner according to
gender. "Sexual orientation" includes having a history of that attraction or selection, or
being identified with that attraction or selection. "Sexual orientation" is limited to
heterosexuality, homosexuality, and bisexuality.
L. "Source of Income" means financial resources a person uses to support himself or
herself and his or her dependents, including but not limited to money and property
from any occupation, profession or activity, from any contract, settlement or
Ordinance No. _ Page 2 of 7
agreement, from federal or state payments, court ordered payments, gifts, bequests,
annuities, life insurance policies, and compensation for illness or injury, but
excluding any money or property derived in a manner made illegal or criminal by
any law, statute or ordinance.
M. "Gender Identity" means a person's actual or perceived sex, including a person's,
appearance, expression or behavior, whether or not that identity, appearance,
expression or behavior is different from that traditionally associated with the
person's sex at birth.
N. "Fair Housing Officer" means the City Attorney or designee who will serve as the
designated Fair Housing Officer.
SECTION 10.110.030 Unlawful Practices.
In connection with any of the transactions set forth in this section which affect any housing
accommodation in the open market, or in connection with any public sale, rental or lease of any
housing accommodation, it shall be unlawful within the City of Ashland for a person, owner,
financial institution, real estate broker or real estate salesman, or any representative of the above,
to:
A. Refuse to sell, rent or lease, or deny to or withhold any housing accommodation from a
person because of race, color, religion, national origin, disability, sex, sexual orientation,
gender identity, source of income or familial status; or
B. To discriminate against a person in the terms, conditions or privileges of the sale, rental or
lease of any housing accommodation, or in the furnishing of facilities of services in
connection therewith; or
C. To represent to a person that any housing accommodation is not available for inspection,
sale, rental or lease when in fact it is so available, or to refuse to permit a person to
inspect any housing accommodation on the open market because of race, color, religion,
or national origin, disability, sex, sexual orientation, gender identity, source of income,
or familial status; or
D. To make, publish, print, circulate, post or mail, or cause to be made, published, printed,
circulated, posted or mailed, any notice, statement or advertisement, or to announce a
policy, or to sign or to use a form of application for the sale, rental, lease or financing of
any housing accommodation, or to make a record of inquiry in connection with the
prospective sale, rental, lease or financing of any housing accommodation, which
indicates any discrimination or any intent to make a discrimination.
E. To retaliate or discriminate in any manner against a person because that person has
opposed a practice declared unlawful by this article, or because that person has filed a
complaint, testified, assisted or participated in any manner in any investigation,
proceeding, hearing or conference under this ordinance; or
F. Inquire into the sexual orientation of a purchaser, renter, or lessee, or prospective
purchaser, renter or lessee. (Ord. 2746, 1994)
G. A refusal to permit, at the expense of the a person with disabilities, reasonable
modifications of existing premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full enioyment of the
premises, except that, in the case of a rental, the landlord may where it is
Ordinance No. Page 3 of 7
reasonable to do so condition permission for a modification on the renter agreeing
to restore the interior of the premises to the condition that existed before the
modification, reasonable wear and tear excepted.
SECTION 10.110.040 Exemptions.
A. This ordinance shall not apply to:
1. A religious organization, association, or society or any nonprofit institution or
organization operating, supervised, or controlled by or in conjunction with a religious
organization, association, or society, which limits the sale, rental, or occupancy, of
dwellings which it owns or operates for other than commercial purposes to persons of the
same religion, or which gives preference to such persons, unless membership in such a
religion is restricted on account of race, color, sex, sexual orientation, national origin,
disability or familial status.
2. A private club not in fact open to the public, which as an incident to its primary purpose
or purposes, provides lodgings which it owns or operates for other than a commercial
purpose, and which limits the rental or occupancy of such lodgings to its members or
gives preference to its members.
3. Rooms or- units in dwellings eontaining living quarters oeeupied or intended to be
oeeupied by no more than two (2) families living independenfly of eneh other, if the
owner netually maintains and oeetipies one of sueh living quai4ers as a personal
°sidenee. The leasing or renting of a room or rooms within an individual living
unit which is occupied by the lessor as his or her primary residence.
B. The requirements of this ordinance on prohibition of discrimination on the basis of familial
status shall not apply to:
1. Dwellings provided under any State or Federal program specifically designed to assist
older persons, or to dwellings in bona fide retirement communities designed and operated
for older persons or dwellings otherwise intended and operated exclusively for older
persons, equipped with facilities specifically designed for the physical and social needs of
such persons.
2. Applicability of reasonable local, State, or Federal restrictions regarding the maximum
number of occupants permitted to occupy a dwelling unit.
3. Any housing provided, owned or operated by the State or Federal Government.
4. Any housing unit of less than four hundred (400) square feet gross floor area.
C. The prohibitions in section 10.110.030 against discrimination on the basis of sexual
orientation and gender identity do not apply to,
1. To the leasing or renting of a room or rooms within an individual living unit which is
occupied by the lessor as his or her residence.
2. To the leasing or renting of a room or rooms within individual units where one of the
units is owner occupied;
3. To space within a church, temple, synagogue, religious school, or other facility used
primarily for religious purposes.
D. The prohibitions in section 10.110.030 against discriminating on the basis of source of
income do not prohibit:
1. Inquiry into and verification of a source or amount of income;
2. Inquiry into, evaluation of, and decisions based on the amount, stability, security or
creditworthiness of any source of income;
Ordinance No. Page 4 of 7
3. Screening prospective purchasers and tenants on bases not specifically prohibited
by this chapter or state or federal law;
4. Refusal to contract with a governmental agency under 42 U.S.C. 1437f(a) "Section
8".
E. The prohibitions in section 10.110.030 against discriminating on the basis of gender
identity do not prohibit:
1. Health or athletic clubs or other entities that operate gender-specific facilities
involving public nudity such as showers and locker rooms, from requiring an
individual to document their gender or transitional status. Such documentation can
include but is not limited to a court order, letter from a physician, birth certificate,
passport, or driver's license.
SECTION 10.110.050 Procedures.
Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint
with the Fair Housing Officer no more than sixty (60) days one year after the alleged unlawful
practice occurred. The Fair Housing Officer or a duly authorized representative shall investigate
each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable
to both parties and compliance with this ordinance shall cause the Fair Housing Officer to
forward the complaint and findings to appropriate state and federal officials. The Fair Housing
Offieer- may also file a eomplaintwith the Ashland Munieipal Court its provided in Seet
1 o.ii o 0-70.
9RCTION 10 110 060 Other rompdopq
Nothing herein eentained shall prevent any per-son from exer-eising an), right or- seeking
any remedy towhieh sueh per-son might otherA,ise be entitled or- fr-om filing a eomplaint
with an), appropriate gover-nmental ageney.
SECTION 10.110.060 Enforcement and Administration.
A. The provisions of this section are in addition to state and federal law, nothing in this
section precludes complainants from pursuing other remedies available under any
appropriate government agency or under the statutes and procedures established in ORS
Chapter 659A.
B. Any person claiming to be aggrieved by an unlawful discriminatory act under the
provisions of this code shall have a cause of action in any court of competent jurisdiction
for damages and such other remedies as may be appropriate. Election of remedies and
other procedural issues relating to the interplay between administrative proceedings and
private rights of action shall be handled as provided for in ORS 659A.870. 659A. 885 and
659A. 890. The court may grant such relief as it deems appropriate, including but not
limited to such relief as is provided in ORS 659A.885.
S CT-W r 10.110.070 Penalties
Any per-sonviolating or eausing the violation of any pr-ovision of this or-dinanee hms
eommitted an e and, upon eonvietion thereof, is punishable iks preseribed in
Seetion 1.08.020 of the Ashland Munieipik! Code. Sueh per-son is guilty of it separ-at
..latio . {'..........1. and every day the violation a ..roues
Ordinance No. _ Page 5 of 7
1
SECTION 10.110.080 Severability of invalid provisions.
In case any one or more of the sections, subsections, clauses, or provisions of this ordinance, or
the application of such sections, subsections, clauses or provisions to any situations,
circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such
unconstitutionality or invalidity shall not affect any other sections or provisions of this ordinance
or the application of such sections, subsections, clauses or provisions to any other situation,
circumstance or person, and it is intended that this ordinance shall be constructed and applied as
if such had not been included in this ordinance. (Ord. 2527, 1989; Ord. 2713, 1993)
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Section 2) need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 12012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 6 of 7
Ordinance No. Page 7 of 7
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
Second Reading of Ordinance Amending Chapter 2.13 of the
Ashland Municipal Code, Reducing the Number of Established Members
on the Transportation Commission
FROM:
David Lohman, City Attorney, lohmand@ashland.or.us
SUMMARY:
This ordinance is being presented to the City Council for second reading, recommending reduction of
the number of established members from nine (9) to seven (7) on the Transportation Commission.
BACKGROUND AND POLICY IMPLICATIONS:
The ordinance passed first reading on October 16, 2012, and is before the City Council for its second
reading.
Under current Municipal Code Chapter 2.13, the maximum number of members on the Transportation
Commission is set at nine (9). Over the course of the last year, the Transportation Commission has
experienced resignations and unfilled vacancies. During this period of reduced membership, the
Commission has found that the smaller commission size has been beneficial in promoting increased
dialog, facilitating efficient meetings, and ultimately improving deliberations. It is primarily for these
reasons that the Commission has recommended the proposed reduction in the number of authorized
members from nine (9) to seven (7).
AMC Chapter 2.10.040 Quorum and Effect of Lack Thereof, recently amended in 2011 by the City
Council, clarifies that the number of Commission members necessary to constitute a quorum for
meetings is the majority of authorized members, including any vacant positions. Given the limited
number of seated members on the Transportation Commission, it is anticipated it will continue to have
difficulties in obtaining a quorum necessary for carrying out its functions unless the number of
authorized members is reduced, or vacant positions are immediately filled.
The City of Ashland Transportation Commission, as now constituted, currently has enough vacancies
in appointed positions to be able to reduce the number of authorized members without removing any
sitting members from office.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the second reading of the ordinance amendment.
Page 1 of 2
IA,
CITY OF
ASHLAND
SUGGESTED MOTION:
I move for approval of the second reading by title only of an Ordinance titled, "An Ordinance
Amending Chapter 2.13 of the Ashland Municipal Code, Reducing the Number of Established
Members on the Transportation Commission".
ATTACHMENTS:
Ordinance
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2.13 OF THE ASHLAND
MUNICIPAL CODE, REDUCING THE NUMBER OF ESTABLISHED
MEMBERS ON THE TRANSPORTATION COMMISSION
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold fined-thfouo and additions are in bold underline.
WHEREAS, Article II, Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City of Ashland Transportation Commission has recommended to the City
Council that the Transportation Commission membership be reduced from nine (9) to seven (7)
members, in part to avoid having to cancel meetings for lack of a quorum.
WHEREAS, The City of Ashland Transportation Commission as now constituted has sufficient
vacancies in appointed positions making possible a reduction in membership without removing
any members from office, and
WHEREAS, The City Council concurs with the recommendation of the Transportation
Commission.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.13, Transportation Commission, is hereby amended to read as follows:
Section 2.13.020 Established-Membership.
A. Voting Members. The Transportation Commission is established and shall consist of nine (9)
seven 7 voting members as designated by the Mayor and confirmed by the council. Voting
members will all be members of the community at large and will represent a balance of
interest in all modes of transportation.
B. Non-voting Ex Officio Membership. The Director of Public Works or designee shall serve as
the primary staff liaison and as Secretary of the Commission. Including the staff liaison, there
will be twelve (12) total non-voting ex officio members who will participate as needed and
will include one member of the Council as appointed by the Mayor, Community
Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools,
Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks
and Recreation, Jackson County Roads, Airport Commission.
Ordinance No. Page 1 of 2
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Ordinance No. Page 2 of 2
CITY OF
ASHLAND
Council Communication
November 6, 2012, Business Meeting
An Ordinance Amending AMC Chapter 3.08 General
Personnel Policies and Employee Responsibilities
FROM:
Dave Kanner, City Administrator, kannerd@ashland.or.us
SUMMARY
This ordinance implements a significant overhaul of the City's codified personnel rules and
procedures. Changes include a complete re-write of the City's Code of Ethics to make it consistent
with state law, a grievance procedure for non-represented employees, procedures for promotions,
demotions and reassignments, and a new section dealing with use of sick leave.
BACKGROUND AND POLICY IMPLICATIONS:
The City's practice has been to establish pay, benefits and conditions of employment for non-
represented employees by annually adopting a management resolution. At the Council's July 17,
2012, business meeting, I suggested - and the Council agreed that many of the conditions of
employment contained in the resolution should be codified in the City's General Personnel Policies.
As I and other staff began the process of blending relevant portions of the management resolution with
the existing code, we saw many other items we felt needed to be changed, as well as a number of items
that are not addressed at all in the existing code. A copy of the draft code revision was provided to all
of our bargaining units for review and comments received from them have been incorporated as
appropriate. However, a sentence has been added to clarify that in the event of a conflict between the
code and a collective bargaining agreement, the terms of the bargaining agreement prevail.
The code changes do not address management and non-represented pay and benefits. This will be
done as part of the annual budget process, so any changes can be included in the budget.
The changes are summarized as follows:
• Definitions, beginning on page 2, are taken from the management resolution, some with minor
modifications. Definitions of lead worker, temporary employee, seasonal employee, limited
duration employee and public official were added.
• The Code of Ethics, Section 3.08.020, was completely overhauled. Language was added to
make any violation of ORS 244 (State Ethics Law) a violation of the City Code. Conflict of
interest language is expanded and clarified. The Gifts provision is re-written to mirror state law.
The Political Activity provision is rewritten to mirror state and federal law. Subsection G,
Employee Responsibility, is an expanded version of current language with an important
clarification that an advisory opinion of the city attorney or city administrator shall not be
considered an affirmative defense in proceedings before the Oregon Government Standards and
Page 1 of 2
I&
CITY OF
ASHLAND
Practices Commission. Language is also added stipulating that a public official's costs of
defense may be reimbursed by the City (at the City's sole discretion) if a public official who
must appear before the Ethics Commission is exonerated..
• Section 3.08.030 is stricken in its entirety and most of its provisions now appear elsewhere in
the Code.
• In Section 3.08.040, General Personnel Rules and Policies, we have added a section on
nepotism to mirror state law. The Personal Appearance subsection is relocated from the former
Sec. 3.08.030. Residence requirements are taken from the management resolution.
• Section 3.08.110, Grievance Procedure, is entirely new language. This is not addressed in the
management resolution and current code simply says employees are entitled to grieve without
setting forth a procedure.
• Section 3.08.120 is for the most part language currently contained in the management
resolution.
• Section 3.08.130, Promotions, Demotions and Reassignments, is new language that is not
addressed in the management resolution or the existing code.
• Section 3.08.140 is for the most part language currently contained in the management
resolution. Language in subsection K (Unscheduled Leave) is new and is intended to clarify
management rights with regard to controlling sick leave abuse.
• Section 3.08.150, Termination of Employment, is new language that is not addressed in the
management resolution or the existing code.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
City Administrator recommends approval of the ordinance.
SUGGESTED MOTION:
I move for approval of the first reading, by title only, of an ordinance titled, "An Ordinance Amending
AMC Chapter 3.08, General Personnel Policies and Employee Responsibilities".
ATTACHMENTS:
Draft Ordinance;
AMC Chapter 3.08.
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE
CHAPTER 3.08 GENERAL PERSONNEL POLICIES AND
EMPLOYEE RESPONSIBILITIES
Annotated to show ae'~sand additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City wishes to ensure clarity and consistency in its personnel rules and
policies; and
WHEREAS, The City improves its operational efficiency by codifying its personnel rules.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC Chapter 3.08 General Personnel Policies and Employee Responsibilities is
hereby amended to read as follows:
SECTION 3.08.010 General Personnel Policies -Purpose.
A. Statement of Purpose. The purpose of these general policies is to maintain a high level of
support for efficient and effective City service through systematic and uniform application of
professional personnel practices. The fundamental objectives of these policies are to:
1. Maintain high ethical standards in local government.
2. Promote economy, efficiency, and effectiveness in the City service.
3. Maintain a uniform job classification plan based upon the relative duties and
responsibilities of positions in the City service.
4. Provide fair and equal opportunity to all persons who enter City service, regardless of
race, color, creed, national origin, sex, sexual orientation, age, religious, or political belief
through proper personnel administration.
(Ord 2746, 1994)
5. Promote high morale among City employees by providing good working conditions and
opportunity for advancement., welfare.
and eonsider-ation of employee 6. Develop a program of recruitment, advancement and tenure that will make City service
attractive as a career and encourage employees to give their best service to the City.
Ordinance No. Page 1 of 34
-7-. Carry out the personnel pokey of the City Couneil.
B. Scope and Coverage. These personnel policies shall apply to all employees of the City of
Ashland. Section 3.080.020 contains policies also applicable to elected officials and
appointive officers. These policies are 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. In the event of a conflict
between these policies and a collective bargaining agreement, the terms of the collective
bargaining agreement shall prevail.
(Ord 2826 S5, 1998; Ord 2943, amended, 10/16/2007)
C. Definitions of Terms.
1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is
one who assists and acts in a confidential capacity to a person who formulates,
determines, and effectuates management policies in the area of collective
bargaining. Confidential employees are paid hourly for work performed and they
are subject to payment for overtime according to the Fair Labor Standards Act.
2. Department Head. A person directly responsible to the City Administrator,
Mayor or City Council for the administration of a department. Department Heads
are exempt from overtime payment.
3. Division Manager. A person directly responsible to a Department Head or the City
Administrator for the operational functions of a City department or division.
Division Managers are exempt from overtime payment.
4. Mid-Level Supervisor. A person reporting to a Division Manager or Department
Head who may receive overtime payment for work outside his/her normal scope and
duties. Mid-level supervisory positions require autonomy, independent decision
making, planning, and may provide supervision to other personnel.
5. Employee. A non-elected person who is hired and paid a wage or salary to work for
the City who has completed the probationary period.
6. Management employee or Manager. The City Administrator, Department Head,
or a supervisor, as defined below.
7. Probationary Employee. A person appointed to a regular position but who has not
completed a probationary period during which the employee is required to
demonstrate fitness for the position by actual performance of the duties of the
position.
8. Supervisor. Any person responsible to a higher divisional or departmental level
authority who directs the work of others and who is not in a collective bargaining
unit.
9. Lead Worker. Any person assigned with oversight or leadership over a protect or
workgroup for a specific duration. A lead worker may control resources and direct
work activities to achieve a desired outcome through peer direction, but he or she
does not have full supervisory authority.
Ordinance No. Page 2 of 34
10. Public Official. Any person holding public office as a paid employee, appointed or
elected official. For the purpose of this chapter, paid employee is a public official,
and appointed or elected officials are public officials whether or not they are paid.
11. Temporary Employee. An employee who has been hired by the City to work for a
period not to exceed 18 months. Some temporary positions may also be limited
duration positions.
12. Seasonal Employee. An employee hired for the purpose of meeting short-term
work load needs of the City. Seasonal employment shall not normally exceed 1,036
hours per fiscal year.
13. Limited Duration Position. A position funded by a discrete revenue source with a
known expiration date. An employee in a limited duration position may be
terminated on the date the funding expires, and such termination shall be
considered a voluntary termination. Based upon the terms of the funding source,
the conditions of compensation and benefits may differ from the compensation and
benefits payable to regular City employees performing substantially similar work.
The term of employment of an individual in a limited duration position may exceed
18 months without conferring with the individual. The City may, in its sole
discretion and based upon additional discrete revenue, extend the term of
employment past the initial funding expiration date and such extension shall not
change the limited duration status of the employee.
14. On-Call Employee. An employee who does not have regular hours of work or a
regularly assigned work schedule and who is available to work on an as-needed
basis. There is no guarantee of any hours of work for any on-call employee.
15. Part-time Employee. An employee who works less than 40 hours per week.
16. Hourly Employee. An employee who works less than half-time on a year-round
basis.
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy. The proper operation of democratic government requires that public
officials, including elected officials, 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 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 intent to maintain high ethical
standards in the City service, and to increase public confidence in the integrity of City public
officials.
Ordinance No. _ Page 3 of 34
The provisions of ORS 244 ("Government Ethics Law") as it currently exists or may
from time to time be amended are incorporated by reference herein. A violation of any
provision of ORS 244 shall be considered a violation of this Code of Ethics.
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
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 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 Officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate authority.
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.
1. Interest in Appointments. Canvassing of members of the Council or Mayor, directly or
indirectly, in order to obtain 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 such 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 which is available to every other citizen except as
otherwise permitted by law or ordinance.
E. Conflict of Interest.
unpaid, No publie offieial, whether- paid or
shall engage in any business or transfletion
ineompatible with the proper- dise ge of that publie effleial's offleial duties in the
..blie interest or-would tend to impair- ...1.........J..... e of judgment o nation in the
Personal,
as distinguished from interest ineludes an interest arising from blood or- mfirring
finaneial,
elose business or polifleal assoeintion. Nothing herein prohibits a pubhe offieer- from
engaging in any business, profession or- employment 11 1 1 . . or- required as-
Board, Commission or Committee, (e.g. Plfkflnin,g
Ordinance No. Page 4 of 34
Commissioners engaged in real estate pursuant to ORS 227.030 or- Building Cod-e
Board of Appeals, 1AMC 15.04.2001 members engaged in speeffie tr-ades-Y
Speeffie eenfliets of interest are enumerated below for- guidunee.t
ineompatible Employment. No employee shall engage in or neeept private
L
employment or- render- sen,iees for private inter-estswhen sueh employment e
serviee is ineompntible with the proper- diseharge of that employee's offieial duties-
or-would tend to impair- independenee of judgment or- netion in the per-for-Faftnee 0
that employee's offieial duties. without proper- legn
shall,
interest, government or affairs of the City. Nor- shall any publip affit Ofkl --qp queh inGwmatiAn or- the finflneial or- private interest a
others. whether in the
f
form of semiee, loan, thing or- promise, from any per-son, firm or eerporntion whieh
to their knowledge is interested dir-eetly or- indireetly in any manner- whatsoever in
business dealings with the 1 nor shall any sueh employee (1) neeept nny )
fnver- or- thing efvalue that mny tend to influenee the employee in the disehar-ge 0
their f ) in the disehar-ge of their f any improper- faver,
semiee or thing of value.
i whole or in pai4 by the City shall appear in behfilf of private
interests before any ageney of the City. An employee shall not represent privat-e
..terest..in °tion o edin . a °t the interests of the Cit y i . litigation
to All"h6ph thp, City is a paFty, unless the employee is Representing himself/her-self its a
pr-ivate eitizen b . 1 business. No appointed offieial shall appear on
speeffie fietion by the City.
finniteial interest in any business entity, tr-ansnetion or- eentmetwith the City, or- in
the sale of real estate, materials, supplies or sen,iees to the City, shall make known
to the proper- authority sueh interest in any matter on whieh that publie effieifil may
....tieipating in tl`^ t............t:..n or- the making of .....d... ntraet ....1..
A ....61ie of eial s~-All not he F-I ........dl interested On an), °troet o r-chase o o!
of land or other thing of value unless sueh eontraet or- sale is rveomfflended5
approved, awarded, entered into, or authorized by the publie offieial in an offieial
eapneithy.
Ordinance No. Page 5 of 34
6. Diselasure of interest in Legislation. Any employee or appointed offieill! who has
an offieial opinion to the Couneil, shall diselese on the reeerds of the Couneflor
ara..e. appropriate author-it), the ........e and extent of such inter-est.
7 n this .1:........,.reli....es o
arrvra. r~a.o ar a,.u r,, State Law Provisions.
^I.. Nothing with more ....4..:..L:. ..4..4.. laws eNeuses
applieable to the partieular- publie position, (e.g. Planning Commissioners nre-
ua. vje..a to r..vru rwar r. a.re ...v.aar...a of inter-est Provisions pursuant to- ORS 2 4 4.135.)
1. Disclosure. No public official, whether paid or unpaid, shall take any action in the
course of his/her duties, the effect of which would be to the private financial gain or
loss of (a) the official, (b) any relative of the official or (c) those with whom the
official has a close business relationship, without first disclosine such potential gain
or loss to the proper authority. Nor shall any public official, whether paid or
unpaid, engage in any business or participate in any proposed or current City
transaction, contract, purchase or sale which is potentially incompatible with the
proper discharge of that public official's official duties or which would tend to
impair independence of judgment or action in the performance of that public
officials' official duties without first disclosing such potential incompatibility or
impairment of independent judgment or action to the proper authority. For elected
officials, such disclosure shall be made in an open meeting to the elected body on
which the official serves. For appointed officials, such disclosure shall be made in
an open meetine to the appointed body on which the official serves. For employees,
such disclosure shall be made in writing to the employee's immediate supervisor and
Department Head. Any employee or appointed official who has a financial or other
private interest in a particular matter shall disclose the nature and extent of such
interest on the records of the Council before participating in Council discussion on
or giving an official opinion to the Council on the matter.
2. Transactions with the City. A public official acting in an official capacity shall not
recommend, approve, award, enter into or authorize a City transaction, contract,
purchase or sale to which one of the parties is (a) the public official acting in his or
her own behalf, (b) a relative of the official or (c) a business entity in which the
official or a relative of the official has a substantial or controlling interest.
3. Gifts. No public official shall solicit or accept gifts, favors, services, compensation,
retainers or promises of future employment from a source with a legislative or
administrative interest in the performance of his/her official duties or in
anticipation of official action to be taken by the public official or by the City. For
purposes of this provision, "gift" means something of economic value eiven to a
public official, a candidate or a relative or member of the household of the public
official._ A public official may not accept a gift from a source with a legislative or
administrative interest in the public official's official duties if the gift has a value in
excess of $50 or smaller gifts from a single source with an aggregate value exceeding
$50 in the course of a calendar year. Gifts received by City employees with a value
Ordinance No. Page 6 of 34
of less than $50 shall, to the extent practical, be shared with other City employees.
Public officials may accept gifts with de minimis value, such as caps, coffee mugs,
pens and paperweights, and are not expected to share such gifts.
4. Remuneration Contingent on City Action. No public official shall accept a retainer
or compensation that is contingent upon a specific action by the City.
5. Disclosure of Confidential Information. No public official shall, without proper legal
authorization, disclose confidential information concerning the property,
government or affairs of the City that is confidential or not readily available to the
public. Nor shall any public official use information that is confidential or not
readily available to the public to benefit private interests, including the official's
private interests, at the expense of or in conflict with the public interest.
Information that is public may not be readily available to the public if a special
request is required to obtain the information or if special knowledge, such as that
acquired as a public official, is needed to take advantage of the information.
6. Representing Private Interests Before Courts or City Departments or Elected or
Appointed Bodies. No appointed official shall appear on behalf of a client for a fee
or pro bono before the board or commission to which that official is appointed. No
employee whose salary is paid in whole or in part by the City shall appear on behalf
of private interests before any department or elected or appointed body 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 representing himself/herself as a private citizen on purely personal
business.
7. Incompatible Employment. No employee shall engage in or accept employment from
or render services for another person or entity when such employment or service is
incompatible with the proper discharge of that employee's official duties for the
City or would tend to impair independence of judgment or action in the
performance of that employee's official duties.
8. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses
public officers and employees from compliance with more restrictive state laws
applicable to the particular public position. Planning Commissioners, for example,
are subject to more restrictive Conflict of Interest Provisions pursuant to ORS
244.135.
F. Political Activity. A- em-Wyee in tbe administrative serviee shall Use the prestige o
their position in behalf of any politien! party. No employee in the administrative sem4ee
shall ornib,, by letter or other-wise, selieft or be in any Manner eoneer-ned in solieitin
any assessment, subseription or eontribution to tiny politien! paKy; nor- shall an
employee be a pai4y to sueh seheitation by others; nor shall an employee take an aetive
pnr-t in pelifleal eampnigns for eandidateswhile in the pei4brmanee of duties in an
o fteialenpaeity.
Ordinance No. Page 7 of 34
Employee involvement in certain political activities is protected under the First
Amendment. However, under Oregon and federal law, there are some restrictions on
the political activities of Oregon public employees. City employees are expected to be
familiar with and to comply with these laws as they currently exist or as amended.
Oregon law (ORS 260.432(2)) requires that: "No public employee shall solicit any
money, influence, service or other thing of value or to promote or oppose any political
committee or to promote or oppose the nomination or election of a candidate, the
gathering of signatures on an initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the iob during working hours.
However, this section does not restrict the right of a public employee to express
personal political views."
The Hatch Act (federal law) further requires that employees whose principal iob
responsibilities are financed in whole or in part from loans or grants made by the
federal government may not use their official influence to interfere with or affect the
result of an election or a nomination for office. An employee covered by the Act may
not, either directly or indirectly, coerce or advise another employee to contribute
anything of value in any form whatsoever to any organization or agency for political
purposes.
The expression of personal political views while on the iob during working hours is
permitted only to the extent that such expression does not interfere with the
performance of the employee's duties or performance of the duties of other employees.
While on the iob, during working hours, any comment or suggestion to fellow
employees or the public to vote a certain way is prohibited, even if it does not interfere
with the performance of duties of the employee or other employees. Politically related
activities such as fundraising, soliciting volunteer help on political campaigns or
disseminating partisan election material is prohibited while on the iob during working
hours.
No public official shall promise an appointment to any municipal position as a reward for
any political activity.
G. Applicability of City Code -F: s of Ethics and State Ethics Law; Responsibility
for Defense.
situation, When an employee has doubt as to the applieability of ft provision of this eede to a
partieular the), should apply to the City Administrator-, who is eharged with
resolution, the implementation of this eode for an advisory opinion, and be guided by that opiniell
when given. The efopleyee shall have the oppor-tunity to present their interpretation of
deeision is made. All sueh requests for adviee shall be treated as eonfidenfial. This eod
shall be operative in all instanees eovered by its provisions exeept when superseded by
an applienble statute, or-dinanee or- statute, and eseh
or-dinanee or- resolution
Ordinance No. _ Page 8 of 34
provision is diser-etiona", but deter-mimed tA he mar-P. nppr-opFiate or- desirable.
This City ethics code shall be operative in all instances covered by its provisions except
when superseded by an applicable statute, ordinance or resolution which is mandatory
or when the application of a statute, ordinance or resolution provision is discretionary
but determined to be more appropriate or desirable. Full compliance with the City
code of ethics and with Oregon's Government Ethics Law is the personal responsibility
of each public official. The opinion of the City Administrator, the City Attorney, or the
Mayor shall not be considered an affirmative defense if a public official is charged by
the Oregon Government Ethics Commission with a violation of state Ethics Law. Any
public official accused of violating the state Ethics Law shall be solely responsible for
the costs of his or her defense before the Oregon Government Ethics Commission. If
the charges are dismissed or determined to be unfounded, the City Council, at its sole
discretion, may elect to reimburse a public official for some or all of the costs incurred
by the official.
1. Employees. When an employee has doubt as to the applicability of a provision of
this ethics code or the Government Ethics Law to a particular situation, the
employee should apply to the City Administrator, who is charged with the
implementation of the City's ethics code for an advisory opinion, and be guided
by that opinion when given. The employee shall have the opportunity to present
his or her interpretation of the facts at issue and of the applicable provision(s) of
the ethics code or Government Ethics Law before such advisory decision is
made. All such requests for advice shall be treated as confidential. The City
Administrator may ask the City Attorney to provide an advisory opinion based
upon the facts presented, which opinion shall be subject to the attorney-client
privilege.
H-. 2. ppliegbifiV ae Dada Appointed and Elected Officials. When an appointed official
or an elected official has doubt as to the applicability of a provision of this eode to a
final, par-tieular s * tuation, they should apply to the Mayor- for a determination and
deter-faination shall have the eppoi4unit3, to present any ffiets they deem r-elevant
to the determination. They shall also have the oppor-tunity to present any
nr-gument they may have as to what they deem an appropriate determination.
The Mayor may request the City Attorney to provide an advise" opinion based
upen the faets presented. The determination of the Mayor- as to the applienbility
of a prevision of this eode to a par-fieular- situation shall he majority of the Couneil ealls tip the determination for- mview by the full Couneil
at the meeting following the determination. ethics code or state Ethics Law to a
particular situation, he or she may seek an advisory opinion from the City
Attorney. If an appointed or elected official requests advice on an ethics
question about that official's actions or potential actions, the opinion itself shall
be subject to the attorney-client privilege and not be disclosed to the Mayor,
Ordinance No. Page 9 of 34
Council members, or anyone other than the requesting official without the
official's explicit approval.
3. The opinion of the City Administrator or the city Attorney, shall not be
considered an affirmative defense if a public official is charged by the Oregon
Government Ethics Commission with a violation of state Ethics Law.
IH. Code of Ethics Definitions:
1) Employee - €For the purposes of this section, "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, "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.
4) Public Official - For purposes of this section, "public official" shall mean any
employee, appointed official or elected official.
5) Private Interests - The interests, including but not limited to financial interests, of
discrete individuals or entities, as distinct from the interests of the City as a whole or
the interests of its citizens in general.
6) Relative - (a) The spouse and any children, siblings, parents, or spouses of siblings
or parents of a public official; (b) any children, siblings, parents, or spouses of
siblings or parents of a public official' s spouse; (c) any individual for whom a public
official has a legal support obligation; or (d) any individual for whom a 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
emplovment.
JI. Municipal Court Judge. Notwithstanding any other provision of this ordinance, the conduct
of the Municipal Court Judge, an elected official, shall be governed by the Rules of Judicial
Conduct of the Oregon State Bar, including subsequently enacted amended, reordered, or
renumbered versions thereof, (3006-yerAon) specifically incorporated herein and made a
part hereof by this reference.
KJ.Sanctions. Violation of any provision of this section, determined after notice and an
opportunity to be heard, shall constitute cause for disciplinary action up to and including
termination for an employee, or removal from office of an appointive offiee appointed
Ordinance No. Page 10 of 34
official. Discipline or removal actions shall be in addition to, and not in lieu of, any other
City initiated sanction or penalty authorized by Title 1 of the Ashland Municipal Code.
SECTION 3.08.030 ) Conduet, Diseipline, neat, Termination and Appeah
A. Personal Appear-anee and Condjj2j. All employees ar-e expeeted to maintain high
standards of appear-anee and- L-Anduet. Personal appearanee and eonduet appropriate
to the employee's position are important in gaining favorikble publie opinion of the
City's serviee. Eaeh employee should strive to maintain a
elean and well groomed
1. Employees in the uniform sen,iees should pay pat4ieuiar attention to being in
proper- uniform and present ik neat and well groomed genef!ikl nppearanee.
1- Whon tr-nnqn ting their own business affikirs, employees of the City are expeeted to
3. Neatness of work performed is important. Proper- attitude, eoui4esy and eonduet on
and off the :..b a al :.....a..Fa..aa to tht :nd:.,:dual a .all as to the City. All City
City,
employees are engaged in publie r-platism wor-h- -4-11 representatives of the r-egardless of whether publie eontaets are direet or indireet, or-whether they are by
telephone or- in per-son, shall be eour-teous, effieient and helpfal to all On th-eir- iva-FIK
and shall do the best job possibip. .
relations, develops good will and support for- the City sen,iee. in publie
eity
effieials, eity administrators, fellow employees, and the eitizenr-y expeet City
employees to do their wor-If: properly and effieientb, and to assuffle an obligation o
loyalty and interest in the City's IvVeifar-e. Loyalty is due the City sefViee as B Whole,
not merely the PaAieular- department in whieh the employee is wor-Idag. A City
employee should talke pride in seFvieing the Weal gover-ament and should strive to
advanee the City's interests wher-ever- possible, to defend it agninst unjust er-ifleism,
to proteet its property, and to be of genuine sen,iee to the people of the City o
Ashland.
B. Causes for Warning, Susvefisi&n or Dismissal. Diseiplifiar-y aetion may be imposed
upon any employee for- failing to falfil their responsibilities as an employee. Condue
aetion. General reasons for- whieh an employee may be diseiplined inelude but are no
limited to,
duty, Dr-inhing intoxieating beverages or use of illegal drugs while on the job, or ar-Avin
on the job under the influenee of intoxieating bever-age er- illegal drugs,-
insubordination, breaeh of ) )
3. Being absent from workwithout per-mission or- failing to r-epoA to the supen,isor- or-
Depat4meat Head when absent;
4. Being habitually absent or- tar-dr,
material,
5. Failure to per-form assigned wor-k in an effieient manner-, being wasteful of )
6. Abusive language or eenduet;
Ordinance No. Page 11 of 34
• 1.inabilib, to get along with fellow employees so that work being pei2fBFmed is
:.•.1,.red or below required standards;
f
4 Committing a felony ar being n ieted of a misdemeanor in elying moral
turpitude;
O• Use of religiousf noliNaal or A'atn`•nal :ntL•nnnn in the pursuit of City business.
~ >
10. Willful or- flagrant violation of sn" rules;
11 Violation of the City's Code of Ti thies
C.
1. Or-a! reprimand
2. Wr-itten r-epr-imand
3. Demotion
4. Suspension
5. Disehar-ge
Any diseiplina", setion imposed upon an employee shall be pr-otested only as ft
g6evanee through the regular grievance procedure. in the administration of f
the City shall follow due nraeess o red by law
applieation, meaning or- interpretation of these policies shall be settled through the
agreements between the City and non union employee groups.
line, (Ashland Municipal Code Section 3.04.090). in the event of a pieliet
employees
who refuse to cross the picket line shall be deemed to be engaged in a prohibited str-ilie
and shall be subjeet to diseinlinn.•.. nnKan in the event of res.gantion, a written resignation should be submitted
.1
the Head, giving as mueh notiee as f
preferably not less than ten (10) working days. Such action will be a credit to th
employee's reeord and feeilitate the hiring and training of a pei-son to fill the Vaeftney.
SECTION 3.08.040 General Personnel Policies and Procedures.
A. Prerequisites for Employment. Prerequisites for employment by the City of Ashland as a
full-time employee are:
1. Applicants must be of legal employment age as determined by bona fide iob
requirements.
2. Applicants must submit either a completed City application form or a resume resume of
education and experience in order to be considered for employment.
3. Applicants for "safety-sensitive" positions may be required to take a physical examin-
ation scheduled by the City and at City expense prior to being hired. (Ord 209)
4. Employment shall not be denied on the basis of familial relationship except for members
of the immediate family of either the Mayor, a member of the City Council, or the
appointing power; or as otherwise provided for in ORS 659.131 659A.309. (Ord. 2060,
Ordinance No. Page 12 of 34
1980). No individual shall be advantaged in securing and/or maintaining full-time
or part-time employment or promotional opportunity as a result of nepotism,
defined as an employment advantage from a familial or an intimate personal
relationship with another full or part-time employee of the City. Relatives and
employees in close personal relationships may work for the city as long as the
employment relationship can be insulated from actual or potential conflicts of
interest in the workplace, and so long as neither relative has direct supervisory
authority over the other.
5. All statements submitted on the employment application or attached fesun;e resume
shall be subject to investigation and verification.
6. All information obtained during the application process shall be considered confidential
to the extent legally practicable.
7. No question in any application form, test or interview or by appointing authority shall be
framed as to attempt to elicit information concerning race, color, ancestry, sex, sexual
orientation, age, national origin, political or religious affiliation. (Ord 2746, 1994)
B. Probationary Period for New Employees. The probationary period is an integral part of the
employee selection process and provides the City with the opportunity to upgrade and
improve the departments by observing a new employee's work, training, aiding new
employees' adjustment to their positions, and by providing an opportunity to reject any
employee whose work performance fails to meet required work standards. Eveff All new
employees shall serve a minimum probationary period as determined by union contract or
non-union agreement but in no case less than six (6) full months after which, and upon
recommendation of their Department Head, they shall be considered a regular employee.
The probationary period may be extended upon request of the Department Head if an
adequate determination cannot be made at the end of the probationary period.
C. Promotional Prebationan, Perj!24. Regular employees promoted into a highe
elassifleation shall serve a promotional pr-ebationa", period of SiN (6) fall mouths.
D. Hours of Buson-PS& The hou-m during whieh the City offiees and departments shall
Shall be deter-mined by the City Couned upon reeommendation of the-
City Administrateir-.
E. Attendanee. Full time employees shid! pefferm a full dny's work eneh and every
employee for- some unavoidable reason eannet report ferwark, that employee is
expeeted to notify their- supervisor- or Department Head not later than the beginning of
the next seheduledwork day. Absenee from wor-k without permission or without natiee
is eensidered to be indiffer-enee to the City's interest and may result in diseiplina",
aetion.
C. Personal Appearance and Conduct. All employees are expected to maintain high
standards of appearance and conduct. Personal appearance and conduct appropriate
to employees' positions help establish and maintain favorable public opinions of the
Ordinance No. Page 13 of 34
City's services. Each employee should strive to maintain a neat, clean and well-
groomed appearance.
L Employees in the uniform services should pay particular attention to being in
proper uniform and present a neat and well-groomed general appearance.
2. Neatness of work performed is important. Proper attitude, courtesy and conduct on
and off the iob are of importance to the individual as well as to the City. All City
employees are engaged in public relations work. All representatives of the City,
regardless of whether public contacts are direct or indirect, or whether they are by
telephone or in person, shall be courteous, efficient and helpful to all in their work
and shall do the best iob possible on every assignment.
3. Favorable impressions created by the employee's courteous public relations develop
good will and support for the City's services. In public relations, city officials, city
administrators, fellow employees, and the citizenry expect City employees to do
their work properly and efficiently and to assume an obliuation of loyalty and
interest in the City's welfare. Loyalty is due the City service as a whole, not merely
the particular department in which the employee is working. A City employee
should take pride in servicing the local government and should strive to advance the
City's interests wherever possible, to defend it against unjust criticism, to protect its
property, and to be of genuine service to the people of the City of Ashland.
FD. Departmental Rules and Regulations. Each department of the City is encouraged to have
established rules, regulations and procedures. Each rule, regulation and procedure shall be in
harmony with the requirements established within this document, existing employee union
contracts, and other existing agreements between the City and its employees.
GE Personnel Records. The City Personnel Assistant Human Resource Office shall be
responsible for the proper administration of the personnel program and shall maintain the
official personnel records for each employee. Personnel records of employees shall be
considered confidential and shall be available for inspection only to the employee and
authorized City officials. 4- An Eemplovees will be entitled to inspect their his/her
personnel record two (2) times during each ealend°~ yen upon request; 2
acknowledge the placement of new materials in their the employee's personnel file; and
challenge or reply to materials which the member employee believes to be obsolete or
otherwise inappropriate for evaluation, promotion or retention.
H. Vaeaneies and Promotional Oppor-tanities. it shall be the poliey of the City that
whenever a vaeaney oeetirs, it shall be open to applieants from bothwithin and without
the City sei-viee. M the event that two (2) or- more appliennts for- a jo
qualified, City employees shall be given fiiist-preferenee. The City shall he the sole
judge of an employee's qualifleations and ability.
1. Outside Employment. Outside employment shall be permitted only with the express
prior- written approval of the City. The general p ples to be followed by the City ill
permitting or- restrieting sueh outside employment shall bei
employees,
L The need for- mentally and physieally alert City 2. insulating empleyees from potential eenfliet of interest situations,*
Ordinance No. Page 14 of 34
violated, 3. Maintaining effieieney unimpaired by other empioyment, partieularb, for those City
positions requiring employees to be m,ailable for duty tweBty foUr (24) hoUrs a day.
in the event that the above pr-ineiples are
the City may revoke pr-eviously
granted per-mission to hold outside employment.
3F. Pay Periods. Unless otherwise agreed by contract, -Eemployees shall be paid on a bi-
weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a
Holiday, the last preceding workday shall be the regular pay date in lieu thereof,cxeept :hat
pay per-iods for- firefighters shall be as speeffied in the earrent labor agreemen .
KG. Residence Requirements. City residency shall not be a condition of employment or
continued employment. However, employees regularly assigned to stand-by status will be
required to live within the Ashland area, as prescribed by Union Contract or non-union
employee agreement. Department Heads ^ also , e to five ...:th:., the City
Iifnit~Residencv within the Urban Growth Boundary is encouraged for the Citv
Administrator and for Department Heads. Existing City employees promoted into the
position of Department Head will not be required to move as a result of a promotion,
but are strongly encouraged to move within the Urban Growth Boundary once
appointed as a Department Head.
Individuals in certain safety-related or emergency response iob classifications, as
determined by resolution or by administrative action at time of recruitment or hire,
shall establish their residence to enable them to report for emergency duty within 40
minutes of notification including "get ready" and travel time. Examples of such
classifications include but are not limited to:
Public Works Superintendent
Street Supervisor
Wastewater and Reuse Supervisor
Water Quality and Distribution Supervisor
Water Treatment Plant Supervisor
Electric Operations Superintendent
Fire Division Chief (EMS, Fire and Life Safety and Operations Divisions)
Deputy Police Chief/Lieutenant
Police Sergeant
Computer Services Manager
AFN Operations Manager
Network Administrator
Senior Information Systems Analyst
Information Systems Analyst/Programmer
User Support Coordinator
Maintenance and Safety Supervisor
Telecommunications Technician
Residence shall be established by new employees in these classifications within these
boundaries or limitations within a period of twelve months of hire or promotion.
Ordinance No. Page 15 of 34
Department Heads may identify other positions which require emergency response
within 40 minutes to meet operational requirements.
LH Mileage and Travel Expenses. A mpleyee -,.,...:-n•' -,.pe ft f - speeial ,,..t., of
..ed to use a ..nl aut,.... obile F r 4 .............4•.4:,.., to n eh L.nn flon nhnll he
eeffipensated fief °..nh use. Expenses will be reimbursed for costs associated with travel
while on City business in accordance with the City's travel reimbursement policy.
114
the), may be «..,...:-•.,l to 4.....,,.1 ,...4nide the A shland n n City business Deeis:ens
be n,in by the n Deparment 44ead with the approval of the eit.
Administrator-. D,.fmissi Re" 4n ntte-A n .nh ..meting, ...:11 ben anted en the basis e f
meeting. Members of professional seeiefies will be pefmit4ed tE) attefid Meetings of their-
seeiety when it is deemed to be in the best intefest efthe-C4t~-
the trip. immedi ' II . . Xpense sheets shall be filled out by the empleyee.
Review Effid appfeval by the DepeAment Plead will be fequired prier te payFaent by the
NI. Selling and Peddlip4t Soliciting among Employees. peddling,
selieftation or- sale fe
eharitable purpeses or- other- reasons will be allowed afneng or- by employees during
°rking hours unless approved by the City Administrator-.Employees may use bulletin
boards in employee break rooms and other non-public areas for the purpose of selling
or bartering personal goods and services when only the employee is the beneficiary of
such a sale or barter. Actual transactions shall take place only outside of work hours or
on employees' non-paid break time. An employee may also use such bulletin board
resources for the purpose of advertising fund-raising activities by non-profit
organizations with which the employee is affiliated. In compliance with ORS 244, the
use of bulletin boards for these purposes is considered part of an employee's
compensation package but is deemed to have no cash value.
9J.Cost Consciousness. I City employees as a eitizen and , should minimize
expenses whenever possible in the discharge of their duties.
1. Lights, electric heaters, motors, etc., should be turned off when not needed.
2. City equipment should be well cared for and maintained.
3. Conservation should be practiced in the use of all City supplies.
FK.City Equipment. City
equipment
shall not be used for personal purposes, except as permitted in the City's vehicle policy.
Ordinance No. Page 16 of 34
Employees who are assigned vehicles or operate trucks or other heavy equipment are
required to be in possession of a current Oregon operator's license. In addition, the City will
periodically check the driving records of these employees to insure that their operator's
licenses are current. Employees who are assigned vehicles or to operate trucks or other
heavy equipment must report any change to driving privileges to his/her supervisor
immediately.
QL.Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform,
protective clothing, or use any type of protective device, such article shall be provided by the
City. Lost articles or damage to articles due to negligence shall be reimbursed to the City by
the employee. Failure of an employee to wear such required uniform, protective clothing or
use such protective device as prescribed by the City shall be cause for disciplinary action as
set forth in Section 3.08.039100.
RM. Safety. All employees are urged to practice safety at all times. Mishaps and accidents can
be avoided if safe conditions are maintained. All employees are expected to abide by the
appropriate federal and state safety standards associated with their work as well as City
safety standards established through work rules. Willful violation of such rules shall be
grounds for disciplinary action.
Department Heads and supervisors are encouraged to establish safety programs and regular
safety briefings for the employees in their departments.
All employees are responsible for immediately reporting safety standard violations or unsafe
working conditions or equipment to their immediate supervisors.
In the event of an accident involving a City employee on City time, or on City equipment, or
City property, the accident should be immediately reported to the employee's supervisor and
the Safety Caordinnt&r City's risk management team.
Under dir-eetion of the Direeter of Finnnee, the General Sen,iees Svpen4sor- has been
designated the Safety Coordinator-, responsible for the administration of the City's
safety program.
SN. Recovery of City Property. Upon termination with the City for whatever reason, City-
owned equipment, clothing, keys, I.D. card, etc., checked out to the employee must be
returned prior to issuance of the employee's final check. Loss of keys, ID cards or other
items while on the iob must be reported to a supervisor immediately to prevent a
breach in security.
TO. Legal Liability. The City shall purchase liability insurance in the maximum amounts set
forth in ORS 30.270 for the protection of employees against claims against them incurred in
or arising out of the performance of their official duties.
1. If an employee is negligent in the performance of their his/her other duties and
responsibilities, such as failure to report faulty or unsafe equipment or negligent
Ordinance No. Page 17 of 34
operation of a motor vehicle, and accidents result from such conditions, the employee
may be held personally and legally liable.
2. A good employee will abide by laws and regulations and perform assigned duties as a
reasonable, prudent person and not in a negligent manner. Such an employee will strive
to preserve the honor, trust, confidence and respect that is bestowed upon them by the
public.
SECTION 3.08.050 Classification Plan.
A. Position Classification Plan. The City Administrator shall prepare and be responsible for a
position classification plan which shall be a part of these policies. Copies of this plan and of
specifications for individual classes shall be available in the Personnel Offiee Human
Resource Office.
B. Titles and Specifications. The position classification plan shall include titles and written
specifications for the various classes of positions as a guide toward equal pay for equal work.
Job titles shall refer to a particular position and not to the individual.
1. Each position shall, on the basis of the duties and responsibilities of the position, be
allocated to an appropriate class.
2. Each class shall have a specification that includes a concise, descriptive title, a general
description of the duties and responsibilities of each position in the class, and a statement
of the minimum or the desirable qualifications for each such position.
The position specifications take into consideration the requirements of the job and are
merely descriptive and explanatory of the work to be performed. They may not
necessarily include all of the duties.
C. Reclassification.
1. The City Administrator may reclassify a position whenever its duties change materially,
provided the reclassification can be accomplished within the limitations of the current
budget of the City.
2. Reclassification to a new position or a change in iob title shall not deprive an employee
of, or change the date of eligibility for, scheduled pay increases which would otherwise
have been granted.
3. If an employee is promoted, or a position reclassified, to a class having higher salary
range the employee's salary rate step shall be adjusted to the minimum rate of the new
class. However, if the employee's current salary rate step,is higher than the minimum
rate for the new class, adjustment will be made to the next highest rate which exceeds the
employee's current rate step.
4. When reclassification to a new position or a change in iob title is a result of a bona
fide promotion, the date of the promotion to the new iob classification shall become
the anniversary date for any future salary adjustments.
45. When an employee is transferred between positions with no change in classification or is
transferred or reclassified to a class having the same salary range, the rate of pay shall
remain the same.
Ordinance No. Page 18 of 34
D. New Positions. The City Administrator may create new positions and allocate the positions
to an appropriate class. The City Administrator shall prepare appropriate class specifications
therefor. (ORD 2801, 1997)
SECTION 3.08.060 Affirmative Action Plan.
The City Administrator is the designated Chief Affirmative Action Officer. Day to day
administration of the City's affirmative action program is the responsibility of the Personnel
Assistant. A copy of the City's Affirmative Action policy and program shall be on file in the
office of the Personnel Assistant.
SECTION 3.08.070 Pay Plan and Compensation.
A. Pay Plan and Compensation. The pay plan and compensation for each classification and the
positions within that classification will be that established by current employee union
contracts and formal agreements between the City and non-union employees.
B. Appointee Compensation. An appointee to a new position shall receive the minimum salary
for that position except as follows:
1. In cases of unusual difficulty in filling the position.-
2. In hiring exceptionally qualified personnel, the City Administrator may cause the
appointment to be made at a salary above the minimum, but not more than the maximum
for the position.
3. Employees appointed to a position above the entry level salary will be required to
complete the full length of service required for the next regularly scheduled pay increase.
However, rnanegement the City Administrator, on the recommendation of an
employee's supervisor, may at any time eheese to grant an increases for meritorious
service.
SECTION 3.08.080 Holidays and Employee Benefits.
A. Holidays. The following shall be recognized as Holidays:
New Years Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (Ist Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (in lieu of Lincoln's birthday)
Christmas Day (December 25)
Whenever a holiday shall-falls on Sunday, the succeeding Monday shall be observed as the
holiday. Whenever a holiday shall falls on Saturday, the preceding Friday shall be observed
as the holiday. In order to be eligible to receive holiday pay, an employee must work the last
scheduled workday prior to the holiday and the first scheduled workday following the
holiday.
Ordinance No. _ Page 19 of 34
Police Sergeants shall receive paid compensation in addition to regular salary for each
of the holidays listed above, in lieu of time off consistent with what is afforded other law
enforcement officers of the City of Ashland. This shall be paid on the first payday in
December of each Year. Newly-hired Police Sergeants shall receive this paid
compensation pro-rated from the date of hire. In the event that a Sergeant terminates
employment for any reason, he/she will receive pay only for the holidays which have
elapsed that calendar year. If more holidays have been taken as time off than have
actually occurred at the time of termination, those hours overpaid will be deducted
from the employee's final paycheck unless other arrangements are made to repay the
Citv.
If an employee is on authorized vacation, or other leave with pay when a holiday
occurs, such holiday shall not be charged against such leave.
Employees working an alternate work schedule will receive compensation for eight (8)
hours. Employees working four 10-hour days will receive eight (8) hours compensation
for any holiday that falls in their regular work day. Employees may use accrued
vacation or compensatory time (if applicable) to make up the extra two hours, or they
may be permitted to flex their schedule during a week which contains a holiday to
ensure they receive full pay. In no event shall an exempt employee receive pay for more
than 40 hours/week due to a holiday or alternate work schedule arrangement.
--tie.- 'Ateatie leave takeit shall fiet be in exeess of t at et 11), aeefued at the time i
is taken, and general!), is fiet granted te a new emplayee prier to the eempletion of six (6)
and sheuld be submit4ed not less than thift), (30) ea4endaf days pfier to the firfle fequested.
shall pfevail exeept in !he ease of DeppAfneflt !-leads and their ifnfflediate asqi-,;tR;;tq
G Siek Leave. Employees aeerue siek leave at the rate of eight (8) hours per- month of full
sen,iee (12 hours per- month for 56 houtqiweek personnel). Employees may use siel
leavewhen unable to per-for-fa their work duties by reason of illness o i J I
DB.Aeeident, Health, and44espital Insurance. Aeeident, hRealth and hospital insurance to
cover non-occupational injuries and sicknesses are provided to full-time City employees.
Coverage by such insurance begins the first of the month following ninety (nm ,.,.1,,. dad days
e empleynteut the date of hire. Specific details of coverage shall be as stated in current
union contracts and other formal agreements between the City and non-union employee
groups.
EC. Retirement. All regular full-time City employees are enrolled in the State of Oregon
Public Employees Retirement System after six months employment. (Amended Ord. 2748
1995)
Ordinance No. Page 20 of 34
]Zf). Utility Di (Repealed Ord. 2769, 1995)
G. Other- Benefit -Pr-nM,.*q*nnq. 411 other- employee benefits including specific provisions
holidays, s leave, andvaeations qhn" be as qet Girth in eurrently existing employe
union eentr-aets and other- for-nial agr-eem-ents h-eviveen the City and non union employee-
groups.
SECTION 3.08.090 Variances.
The City Administrator shall have the power to vary or modify the strict application of the
policies and rules listed herein in any case where such strict application would result in practical
difficulties or unnecessary hardships. (Ord. 2013, 1979)
SECTION 3.08.100 Discipline and Discharge.
A. Discipline. The following section applies only to those employees who are not subject to
the terms and conditions of a collective bargaining agreement and who do not have a
written individual employment agreement with the city.
1. General. Employees may be disciplined for cause as determined by their
supervisor, Department Head, or the City Administrator. Probationary, temporary,
hourly, and on-call employees, as at-will employees, may terminate their employment
and may be discharged with or without notice and with or without cause. Disciplinary
action may be imposed upon any employee for failing to fulfill responsibilities as an
employee. Conduct reflecting discredit upon the city or department, or which is a direct
hindrance to the effective performance of city functions, shall be considered good cause
for disciplinary action. Such cause may also include misconduct, inefficiency,
incompetence, insubordination, misfeasance, the willful giving of false or confidential
information, the withholding of information with intent to deceive when making
application for employment, willful violation of departmental rules, city policy, state
law, commission of any matter listed in AMC Section 3.08.030.11 or for political
activities forbidden by state law.
2. Causes for Warning, Suspension or Dismissal. Disciplinary action may be imposed
upon any employee for failing to fulfill their responsibilities as an employee. Conduct
reflecting discredit upon the City or department or which is a direct hindrance to the
effective performance of City functions, shall be considered good cause for disciplinary
action. General reasons for which an employee may be disciplined include but are not
limited to:
a. Drinking intoxicating beverages or use of illegal drugs while on the job, or
arriving on the job under the influence of intoxicating beverage or illegal
drugs,
b. Violation of a lawful duty,
c. Breach of discipline;
d. Incompetence;
e. Being absent from work without permission or failing to report to the
supervisor or Department Head when absent;
Ordinance No. Page 21 of 34
C Being habitually absent or tardy;
g. Failure to perform assigned work in an efficient manner, being wasteful of
material, property, or working time;
h. Abusive language or conduct;
i. Inability to get along with fellow employees so that work being performed is
hindered or below required standards;
j. Committing a felony or being convicted of a misdemeanor involving moral
turpitude;
k. Use of religious, political or fraternal influence in the pursuit of City
business;
1. Willful or flagrant violation of safety rules;
m. Violation of the City's Code of Ethics;
n. Willful failure to follow a lawful directive from a direct supervisor.
3. Forms of Discipline. In general, the City will follow principles of progressive
discipline when implementing discipline. However, the form of discipline to be imposed
in a particular situation will depend on factors such as the severity of the offense, the
number of occurrences of the same or similar offenses, the employee's work history and
record of prior discipline with the City and any other relevant factors. Disciplinary
action generally will consist of one or more of the following:
a. Oral warning;
b. Written reprimand;
C. Suspension;
d. Demotion;
e. Discharge.
4. City Reservation. The City reserves the right, depending on the circumstances of
the particular situation, not to follow progressive discipline and to implement or impose
one or more of these disciplinary actions, to bypass one or more of these disciplinary
actions or to take or implement other forms of disciplinary action if determined to be
appropriate by the employee's supervisor, Department Head, or the City
Administrator. The City further reserves the right to take or implement non-
disciplinarV actions that may be appropriate as part of a corrective action plan,
including, but not limited to, unscheduled performance evaluations, work plans, last
chance agreements, additional supervision or training, referral to counseling or
mediation, restructuring of job assignments, or other actions as deemed appropriate.
5. Employee Right to Grieve. Disciplinary actions imposed on non-represented
employees that are otherwise subject to the grievance process may be grieved under the
provisions of AMC 3.08.110 Discipline or discharge of probationary, temporary, hourly
and on-call employees is not subject to the grievance process.
Ordinance No. Page 22 of 34
B. Discharge.
1. Discharge of regular employees: Regular employees may be discharged from City
service for cause as determined by the employee's Department Head or the City
Administrator.
2. Discharge during probationary period: All employees on probation are at-will
employees and, as such, may terminate their employment and may be discharged with
or without cause and with or without notice as determined by an employee's
Department Head or the City Administrator.
3. Discharge of temporary, hourly and on-call employees: Temporary and on-call
employees are at-will employees and, as such, may terminate their employment and
may be discharged with or without cause and with or without notice as determined by
an employee's Department Head or the City Administrator.
4. Eligibility for rehire. Employees who are discharged for cause are not eligible for
rehire in any City Department unless rehire is approved by the City Administrator.
SECTION 3.08.110 Grievance Procedures.
A. Grievances. The City will promptly consider and respond to employee grievances
relating to discipline, discharge, application of the Title 3 of the Ashland Municipal
Code, or to terms and conditions of employment. The City prefers to informally correct
the causes of grievances and encourages supervisors and employees to address and
resolve problems as they arise. If the cause of a grievance cannot be resolved
informally, for represented employees, the grievance procedures of the applicable
collective bargaining agreement shall apply.
B. Procedure. For non-represented employees, the following procedure for processing
formal grievances shall be followed:
1. STEP I: The aggrieved employee, or group of employees, shall verbally present the
grievance to the immediate supervisor within fifteen (15) calendar days of the
occurrence of the issue or action giving rise to the grievance or within fifteen (15)
calendar days of the time the employee or group of employees become aware of the
issue or action. The supervisor shall give his/her response within fifteen (15)
calendar days of the date of the presentation of the grievance, not including the date
of presentation.
2. STEP 11: If the grievance is not fully resolved at Step I, the grievance shall, in detail,
be reduced to writing, signed and dated by the aggrieved employee or group of
employees, and presented to the Department Head within fifteen (15) calendar days
after the supervisor's response is given, not including the date of the response. The
Department Head shall respond in writing to the grievance within fifteen (15)
calendar days of the date the written grievance is presented to the Department
Head, not including the date of presentation. The decision of the Department Head
regarding the grievance of a written reprimand shall be final and binding.
3. STEP III: If the grievance is not fully resolved at Step 11, employees, other than
those appointed by mayor and city council, may appeal a suspension without pay,
demotion or discharge to the City Administrator. The written grievance shall be
presented by the aggrieved employee or group of employees, along with all pertinent
correspondence, records and information, to the City Administrator within fifteen
(15) calendar days after the Department Head's response is given, not including the
Ordinance No. Page 23 of 34
date of the response. The City Administrator may meet with the aggrieved employee
or group of employees, the immediate supervisor, and/or the Department Head
before responding to the grievance. The City Administrator shall respond to the
grievance in writing within fifteen (15) calendar days after the date the written
grievance is presented to the City Administrator, not including the date of
presentation. The City Administrator's decision shall be final and binding.
C. Limitations on Grievances.
L Oral warnings are not subject to the grievance process.
2. Written reprimands can only be grieved through Step II of the grievance procedure.
3. Discipline or discharge of probationary, temporary, hourly and on-call employees is
not subject to the grievance process.
D. Time Limits. If the grievance procedures established by this section are not initiated by
an aggrieved employee or group of employees within the time limits set forth in this
section, the grievance shall be dismissed and it shall be considered that the grievance
did not exist. If the City fails to respond to any grievance within the time prescribed for
a response, the grievance will automatically advance to the next step.
E. Extension of Time Limits. The time limits for the initiation and completion of the steps
of the grievance procedure may be extended by mutual consent of the parties involved,
which must be documented in writing.
F. Prohibited Practices. No employee may be disciplined, retaliated against or
discriminated against in any way because of the employee's use of the grievance
procedure.
SECTION 3.08.120 Hours of Work and Outside Employment.
A. Work Schedules.
1. Attendance and Reporting Time. Full-time employees shall perform a full day's
work each and every scheduled working day. Employees must be at their
designated workspaces ready to work at their designated reporting times. Tardiness
shall be a cause for disciplinary action. An employee who is not able to report for
work at his/her designated time must notify his/her supervisor as soon as possible
prior to the employee's scheduled shift of his/her inability to report to work on time,
the reason for being late, and an expected arrival time. Each employee shall remain
at work until the end of his/her work day or work shift unless permission to leave
earlier is granted by his/her supervisor or Department Head. An employee who
cannot report for work due to illness or some other unavoidable reasonis expected
to notify his/her supervisor or Department Head as soon as practically possible but
in no event later than the beginning of his/her next scheduled work day. Absence
from work without prior notification to the employee's supervisor or Department
Head shall be considered an implied resignation by the employee unless
circumstances beyond the control of the employee reasonably prevent the employee
from reporting to work or notifying his or her supervisor or Department Head of
the employee's inability to report to work.
2. Hours of Work. Work hours are established by the City Administrator.
Department Heads shall have personnel available to serve the public at all times
Ordinance No. Page 24 of 34
during work hours, unless otherwise authorized by the City Administrator.
Department Heads may establish flexible work schedules, subject to approval by the
City Administrator, so long as department operations and public service
requirements will not be adversely affected, and the alternative or flexible schedule
does not conflict with other city policies, the Municipal Code, any applicable
collective bargaining agreement or any applicable wage and hour law. An employee
wishing to work an alternative or flexible work schedule shall submit a written
request to his or her Department Head.
3. Work Week and Work Schedules. The standard work week for City employees is
Sunday through Saturday. Except as may otherwise be defined in a collective
bargaining agreement, work schedules for each department shall be determined by
the Department Head, subject to approval by the City Administrator.
B. Rest and Meal Periods.
1. Rest Periods. Each employee shall be provided an uninterrupted rest period of
fifteen (15) minutes for every four hours in a work period, to be taken as close as
possible to the midpoint of each four-hour work period. Rest periods must be
provided and taken separately from the employee's meal period and cannot be
saved _up to lengthen the employee's meal period or to allow an employee to leave
work early.
2. Meal Periods. All employees who work more than six (6) hours in a work day shall
be given a meal period during the employee's work shift. Except when, due to the
nature and circumstances of an employee's work, an employee is required to remain
on duty or to perform work tasks during the employee's meal period, the
employee's meal period shall be taken as close as possible to the middle of the
employee's work shift. Meal periods shall be at least thirty (30) continuous minutes
in length. Non-duty meal periods are the employee's own personal time. During a
non-duty meal period, an employee shall be free to leave his or her work station and
shall not be expected to perform any work. In the event of an emergency or other
circumstance in which an employee is required by his or her supervisor or
Department Head to remain on duty or to perform work tasks during the
employee's designated meal period, the meal period will be paid time. Meal periods
cannot be skipped or shortened to less than thirty (30) continuous minutes in length
to allow an employee to leave work early.
3. Expression of Breast Milk. An employee shall be allowed an unpaid 30-minute rest
period to express milk during each four-hour work period, or the major part of a
four-hour work period, to be taken by the employee approximately in the middle of
the work period unless the City determines an undue hardship under state law
(ORS 653.077). The City may require, if feasible, that the employee take the rest
periods at the same time as the rest periods or meal periods that are otherwise
provided. This shall only apply to employees expressing milk for her child 18
months of age or younger. The City shall make reasonable efforts to provide a
location, other than a public restroom or toilet stall, in close proximity to the
employee's work area for the employee to express milk in private.
Ordinance No. Page 25 of 34
C. Outside Employment. City employees may, in general, engage in employment or
business outside their work for the City, with the written approval of the City
Administrator. However, employees shall not utilize City time, materials, equipment or
resources for such outside employment or business, or allow such employment or
business to conflict with, or appear to conflict with, the employee's work for the City or
with the interests or business of the City. No employee may perform any service or
employment, outside of City employment, or engage in any business for which the
employee receives compensation during the employee's City work hours. Employees
may be subject to other requirements depending on department needs. Questions or
issues regarding any actual, potential or apparent conflict of interest shall be resolved
by the City Administrator.
In determining whether to permit outside employment, the City shall consider:
1. The need for mentally and physically alert employees.
2. Insulating employees from potential conflict of interest situations.
3. Maintaining efficiency unimpaired by other employment, particularly for those City
positions requiring employees to be available for duty twenty-four (24) hours a day.
Any outside employment or business obligations must not interfere with or
adversely affect the employee's ability to fulfill all of the employee's responsibilities
to the City. If, in the 0udement of the employee's Department Head, an employee's
outside employment or business interferes with or adversely affects the employee's
performance of duties for the City, the Department Head may require the employee
to terminate the outside employment or business. Under such circumstances, the
failure or refusal of an employee to terminate outside employment may be grounds
for termination of employment with the City.
SECTION 3.08.130 Promotions, Demotions and Reassignments.
A. Promotions.
1. Process. If a qualified employee applies for an open position, at the discretion of
the City Administrator, the City may opt to promote the employee to the position and
not recruit for the position. The City Administrator may, at his or her option, require
the employee to take any appropriate tests and go through an interview or interviews
and a background check prior to deciding whether to promote the employee to the new
position.
2. Effect of Promotions on Salary. When an employee is promoted to a position having
a higher salary range, the employee's salary step shall be adjusted to the minimum step
of the new position. However, if the employee's current salary step is higher than the
minimum step for the new position, adjustment will be made to the next highest step
which exceeds the employee's current step.
3. Promotional Probationary Period. Employees who are promoted to a new position
must serve a new Probationary period of six (6) months in the new position.
B. Demotions and Reassignments. When an employee is demoted for cause to a position
with a lower pay grade, the employee's pay will be reduced to a pay step within the lower
pay grade. When an employee is reassigned for administrative purposes through no fault of
the employee, if the employee's reassigned position is in a lower pay grade, normally, the
employee's pay will be changed to the step in the pay grade for the employee's new position
Ordinance No. Page 26 of 34
that is closest to the employee's current rate of pay. If the employee's reassigned position is
in a higher pay grade, normally, the employee's pay will be changed to the closest step in
the pay grade for the employee's new position which is not lower than the employee's
current rate of pay. Subject to approval of the City Administrator, the salary of an
employee who is reassigned to a position with a lower pay grade may be held at the
employee's current rate of pay, without adjustments for cost-of-living increases, until the
employee's rate of pay falls within the pay grade for the employee's reassigned position.
SECTION 3.08.140 Vacation, Sick Leave and Other Leaves.
A. Authorization for Leave. Except as otherwise provided in this code chapter, any
applicable collective bargaining agreement, or as required by law, all requests for leave
must be approved by an employee's supervisor or Department Head.
B. Vacations. Vacation leave taken shall not be in excess of that actually accrued at the
time it is taken, and generally is not granted to a new employee prior to the completion
of six (6) months satisfactory service.
Vacations shall be scheduled in conformance with union contracts, non-union .
agreements and departmental policy. Vacation leave shall be requested on forms
provided by the City and should be submitted not less than thirty (30) calendar days
prior to the time requested. Vacations shall be approved by the Department Head, and
where conflicts arise, seniority shall prevail except in the case of Department Heads and
their immediate assistants.
C. Utilization. Vacation leave shall not be taken in excess of that actually accrued.
However, the City Administrator has the discretion to authorize all management
employees to take vacation in advance of accrual when warranted by special
circumstances.
D. Continuous Service. Continuous service, for the purpose of accumulating vacation leave
credit, shall be based on the regular paid hours worked by the employee. Time spent by
the emplovee on city-authorized, city-paid absences shall be included as continuous
service. Time spent on unpaid absences shall not be counted as service, provided that
employees returning from such absences shall be entitled to credit for service prior to
the leave.
E. Accrual Limitation. Management and Confidential employees are required to take at
least 75% of their annual vacation accrual as time off each year. All Management and
Confidential employees may elect to receive up to 40 hours as cash on the first paycheck
in April each year. The balance not elected for cash payment will be added to their
cumulative vacation accrual. In no event shall the employee's total vacation accrual
exceed twice the amount of the employee's annual accrual without written approval
from his/her Department Head.
F. Scheduling. Vacation times shall be scheduled based on the City Administrator's or
Department Head's judgment as to the needs of efficient operations.
Ordinance No. Page 27 of 34
G. Payment on Termination. An employee terminated after six-months employment shall
be entitled to prorated payment for accrued vacation leave at the rate as of the date of
termination. In the event of death, earned but unused vacation leave shall be paid in the
same manner as salary due the deceased employee is paid.
H. Administrative Leave. Exempt management employees may be granted up to one week
of Administrative Leave each July at the discretion of their Department Head or the
City Administrator. The purpose of Administrative Leave is to recognize the extra
hours required of exempt managers for which no overtime compensation is afforded.
No cash payment will be made for Administrative Leave, and it can only be taken as
time off during the year in which it is granted. Administrative Leave must be used by
June 30th each year or it will be deemed forfeited. In the event of termination or
retirement, no cash payment will be made for Administrative Leave. In the event of a
termination, the City may require pro-rated repayment of Administrative leave at the
rate of 3.3333 hours for each calendar month remaining in the year after the date of
termination.
1. Vacation Accrual. Management and other non-represented employees shall be eligible
for vacation with pay in accordance with the following schedule:
Months of Service Monthly Vacation Accrual Annual Vacation Accrual
hours hours
0-48 8.67 104
49 -108 10.67 128
109 - 168 12.67 152
169 - 228 14 168
229 - 288 15.34 184
J. Sick Leave. Employees shall accrue sick leave at the rate of eight (8) hours per month
of full service or twelve (12) hours per month for 56 hours/week personnel. Sick leave
shall only be used when unable to perform their work duties by reason of illness or
iniury, or to care for an ill or injured dependent, or to attend a medical appointment
that cannot be scheduled for a time other than the during the work day.
Employees who are ill are encoraged to use sick leave to become well and to prevent the
spread of their illness (if applicable) to co-workers and the public. A supervisor may
require that an employee with an illness leave the workplace. A decision to send a sick
employee home must be based on observable symptoms and behaviors that lead a
reasonable person to conclude that the employee is unable to perform his/her basic job
duties or presents a threat of infection to co-workers or the public. Supervisors shall
consider the seriousness of the illness and the relative risk to the work group. If the
employee disagrees with the supervisor's assessment, the City may require the
employee to visit urgent care. If the employee receives documentation from the urgent
care physician approving an immediate return to work, the City shall pay for the
Ordinance No. Page 28 of 34
urgent care visit and the time associated with the urgent care visit shall be counted as
time worked.
K. Unscheduled Leave.
1. Employees are responsible for regular attendance at their lobs, per Section 3.08.120
of this Code. Excessive unscheduled absences create a burden on the other members of
the work team and can negatively impact service to customers.
2. Unscheduled leave is any non-qualifying FMLA/OFLA leave that is not approved in
advance. Unscheduled leave can be related to an employee or a family member
becoming ill, but can also include unexpected events that result in an absence. If an
employee is required to leave work due to an illness, the incident shall be considered
unscheduled leave. Supervisors have the discretion to waive an incident due to
extenuating circumstances.
3. Supervisors may require documentation from a health care provider for any
unscheduled leave equal to or greater than three consecutive work shifts.
4. Inappropriate or excessive use of unscheduled leave may be cause for disciplinary
action. Inappropriate use includes feigning illness, deceitful use of sick leave, or failure
to provide requested documentation for an absence. Excessive unscheduled leave is
defined as seven occurrences duringa rolling twelve month period. FMLA/OFLA
qualifying leave shall not be included in calculating exessive unscheduled leave.
5. An employee who takes excessive unscheduled leave, as defined above, may be
required to provide documentation of the reason for any additional unscheduled leave
of any length of time wihtin a 12-month rolling period.
6. An absence of more than one day for the same reason is considered one occurrence.
If the days are not consecutive, a doctor's note may be requested to establish that the
absences are linked.
7. For performance evaluations, an employee must have no more than six unscheduled
leave occurrences, as defined above, to receive a "Meets Standards" for Attendance.
L. Leave of Absence. An employee granted a leave of absence will be required to use all
accrued and unused compensatory time and all accrued and unused paid leave time
before the employee may take leave without pay. After an employee's paid time is
exhausted, any leave granted or permitted will be without pay.
All leave used (paid or unpaid) shall be recorded on the employee's Payroll Time and
Leave Worksheet. Each Department Head is responsible for ensuring that all leave
used by employees in his/her department is accurately recorded and reported on the
monthly Payroll Time and Leave Worksheets.
M. Leave of Absence Without Pay. An employee's Department Head may grant a leave
of absence without pay not to exceed 30 calendar days. Leaves of absence without pay
for periods in excess of 30 days must be approved by the City Administrator and the
employee's Department Head except for leaves of absence which, by law, an employee is
entitled to take.
Ordinance No. Page 29 of 34
N. Special Leave - Closure of City Offices. In the event of weather-related or other
conditions determined to be an emergency by the City Council or the City
Administrator, the Council or the City Administrator may decide to close City offices.
For purposes of this section, an emergency includes, but is not limited to, conditions due
to the following:
a. Snow/Ice
b. Building problem
c. Bomb threat
d. Volcano
e. Forest Fire
L Earthquake
g. Flood
h. Terrorist threat
L Civil unrest
In the event of a declared emergency resulting in closure of City offices, employees must
report to alternate City offices that may be established. If City offices are closed in an
emergency and alternate City offices are not vet established, employees will be granted
leave with pay for the duration of the closure.
If City offices are open for business and an employee does not report to work due to
weather-related or other conditions, the time off will be deducted from the employee's
accrued paid leave unless it is determined by the City Administrator that the employee
could not report to work due to extraordinary circumstances.
0. Victims of Domestic Violence, Sexual Assault or Stalking Leave. An employee shall be
allowed to take a reasonable amount of leave determined by the City Administrator and
Human Resource Office to address domestic violence, sexual assault, or stalking of the
employee or his or her minor dependents (ORS 659A.272). The employee must have
been employed with the City for at least six months and worked an average of more
than 25 hours per week for at least 180 days immediately before the requested leave.
The leave must not create an undue hardship on the department and it must be for an
authorized purpose. An authorized purpose includes seeking legal or law enforcement
assistance or remedies; seeking medical treatment or recovering from injuries;
obtaining counseling or services from a victim services provider; or relocating or taking
steps to secure a safe home for the employee or minor child.
The employee shall provide the Human Resource Office and his/her Department Head
with as much advance notice as is practicable. The City may require certification of the
need for the leave, such as a police report; protective order; documentation from a law
enforcement officer, attorney, or victim services provider.
If approved, the employee must use paid leave (excluding sick leave) which includes
time management, vacation, compensatory time, or holiday time. If all paid time is
exhausted, the employee may request unpaid leave.
Ordinance No. Page 30 of 34
Upon request from an employee, the City shall make reasonable work safety
accommodations for an employee that is victim of domestic violence, sexual assault, or
stalking.
P. Criminal Proceedings Leave. An employee who is a felony crime victim shall be
allowed to take leave to attend a felony criminal proceeding involving the employee or
immediate family - defined as spouse, domestic partner, father, mother, sibling, child,
stepchild and grandparent (ORS 659A.192). The employee must provide reasonable
advance notice of the leave, provide copies of the notices of the criminal proceedings,
have been employed with the City for at least six months, and worked an average of
more than 25 hours per week for at least 180 days immediately before the requested
leave. The leave must not create an undue hardship on the department. If approved, the
employee must use paid leave (excluding sick leave) which includes time management,
vacation, compensatory time, or holiday time. The employee shall not use sick leave. If
all paid time is exhausted, the employee may request unpaid leave.
SECTION 3.08.150 Termination of Employment.
A. Voluntary Terminations. To resign in good standing, an employee must give the
employee's Department Head or the City Administrator a written notice of resignation
at least fourteen (14) calendar days prior to the effective date of the employee's
resignation. The employee's Department Head or the City Administrator may agree to
a shorter period of notice if an employee so requests, in writing, and provides a suitable
explanation for the shorter notice period. An employee who fails to provide at least
fourteen (14) calendar days notice and fails to obtain permission for a shorter notice
period may be ineligible for rehire. Unless otherwise approved in advance by the
employee's Department Head and the City Administrator, or as otherwise required by
law, an employee who voluntarily resigns must be present and on the iob for one full
week immediately prior to the employee's termination date and must work on the
termination date. If an employee takes any unauthorized leave during the employee's
final week of employment, the employee may be ineligible for rehire with the City, and
the City may, at its discretion, alter the employee's termination date.
Upon receipt of a notice of resignation, the City reserves the right, at the City's option,
to designate a termination date which is earlier than the termination date designated by
the employee. If the City elects to designate an earlier termination date, the City shall
pay the employee for all wages and leave that would have accrued and shall maintain
all benefits to which the employee would have been entitled if the employee had worked
through the termination date designated by the employee.
B. Involuntary Terminations.
1. Layoffs/reductions in force. Restructure of the organization, a reduction in
budgeted positions, lack of work, or shortage of funds may result in the layoff of
employees. In the event of layoff, the City may transfer affected employees into vacant
positions for which the affected employees are qualified, in the judgment of the hiring
Department Head. When a decision is made to lay off employees, the City will base
layoff decisions on the following factors:
Ordinance No. Page 31 of 34
a. Job skill level
b. Ability
c. Experience
d. Education
e. Training
L Work record
g. History of discipline and/or corrective actions
h. Knowledge of the program, department, and organization
i. Special skills or certifications
1• Longevity with the City
Seniority may be considered when the qualifications and abilities of employees are
relatively equal. The City shall notify affected employees of a layoff at least thirty (30)
calendar days in advance of the lay off.
C. Loss of Longevity and Seniority.
1. An employee loses all longevity and seniority in the event of:
a: Voluntary termination for greater than three (3) months except under special
circumstances as approved by the City Administrator.
b. Discharge for cause.
c. A layoff period longer than eighteen (18) months.
d. Failure to report to work at the termination of a leave of absence.
e. Acceptance of other employment without permission of City while on a leave of
absence.
f. Retirement.
2. Time off during a layoff period shall not count toward seniority or longevity
accrual.
3. An employee shall not lose seniority with a department if the employee transfers
from one division or position to another division or position within the same
department.
D. Recall After Layoff. If approval is given to rehire after a layoff, employees will be
rehired in the inverse order of lay off: that is, employees laid off last shall be called back
first. Employees shall retain a right to recall for eighteen (18) months from the effective
date of a layoff. If employees are recalled from a layoff, the following recall procedures
shall be followed:
a. For layoffs of less than five (5) days, employees may be notified of recall in
person or by telephone and shall have until the next work day following the
notification to report to work.
b. For layoffs of five (5) days to one month in duration, employees shall be notified
of recall by first class mail and by certified mail, return receipt requested, sent to
the employee at the employee's last known address, and the employee shall have
seven (7) days from the date the certified notice of recall is mailed to report to work.
Ordinance No. Page 32 of 34
C. For layoffs longer than one month in duration, employees shall be notified of
recall by first class mail and by certified mail, return receipt requested, sent to the
employee's last known address, and the employee shall have fourteen (14) days from
the date the certified notice of recall is mailed to report to work.
Employees are obligated to notify the City Human Resource Office in writing of any
change of address for the employee. Unless a longer period to report to work following
a notice of recall is agreed to in writing by the City, employees shall report to work
within the applicable. time period specified in section i, ii or iii above. If an employee
does not respond to a notice of recall within the applicable time period designated in
this section, the employee shall lose all recall rights
E. Death. In the event of the death of a City employee, all wages and all eligible leave
earned and unpaid to the employee shall be paid to the employee's designated
PERS/OPSRP beneficiary or, in the absence of such, the employee's estate.
F. Final Paycheck. Final paychecks will be delivered to terminated employees in
accordance with Oregon law. Employees shall be paid for all eligible accrued and
unused leave at the time of termination. Payment for any eligible accrued and unused
leave shall be paid with the employee's final paycheck and shall be paid at the
employee's rate of pay in effect at the time of termination.
G. Exit Interviews.
1. Purpose. The purpose of the exit interview is:
A. To gain insight into the effectiveness of City personnel and management practices,
to determine where personnel policies and procedures may be in need of review or
revision, to determine whether supervisory or managerial practices need review,
modification or improvement, and to obtain other information which could be of
assistance to the City and the employee's department.
b. To provide the employee with information related to the employee's separation
from employment with City, including, but not limited to, information related to
continuation of health benefits for the employee and eligible dependants of the
employee.
2. Conducting the exit interview. Unless waived by the City Administrator or refused by
the employee, an exit interview is to be conducted with every employee separating from
a benefited City position, regardless of length of service, position, or the circumstances
of separation.
3. Responsibility of Human Resource Office. Although departments may also conduct
interviews with terminating employees, the Human Resource Office shall conduct all
City exit interviews. The Human Resource Office will analyze the results of each
interview to determine how the information received may relate to current personnel
policies and procedures and whether any changes in City employment policies or
procedures may be needed or beneficial.
4. Timing of exit interview. The employee's Department Head is responsible for notifying
the Human Resource Office as soon as the Department Head learns an employee is
Ordinance No. Page 33 of 34
separating from City employment. The Human Resource Office will then schedule a
time for the exit interview.
5. Forms and records. The results of exit interviews will be recorded on forms prescribed
by the Human Resource Office. The record of the interview shall be maintained by the
Human Resource Office.
SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections Nos. 2-4) need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 12012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 34 of 34
ASHLAND MUNICIPAL CODE
CHAPTER 3.08
GENERAL PERSONNEL POLICIES & EMPLOYEE RESPONSIBLITIES
SECTIONS:
3.08.010 GENERAL PERSONNEL POLICIES - Purpose.
3.08.020 Code of Ethics.
3.08.030 Appearance, Conduct, Discipline, Termination and Appeal.
3.08.040 General Personnel Policies and Procedures.
3.08.050 Classification Plan.
3.08.060 Affirmative Action Plan.
3.08.070 Pay Plan and Compensation.
3.08.080 Employee Benefits.
3.08.090 Variances.
SECTION 3.08.010 GENERAL PERSONNEL POLICIES - Purpose.
A. Statement of Purpose. The purpose of these general policies is to maintain a high level of support for
efficient and effective City service through systematic and uniform application of professional
personnel practices. The fundamental objectives of these policies are to:
1. Maintain high ethical standards in local government.
2. Promote economy, efficiency, and effectiveness in the City service.
3. Maintain a uniform job classification plan based upon the relative duties and responsibilities of
positions in the City service.
4. Provide fair and equal opportunity to all persons who enter City service, regardless of race, color,
creed, national origin, sex, sexual orientation, age, religious, or political belief through proper
personnel administration. (Ord 2746, 1994)
5. Promote high morale among City employees by providing good working conditions, opportunity
for advancement, and consideration of employee welfare.
6. Develop a program of recruitment, advancement and tenure that will make City service attractive
as a career and encourage each employee to give their best service to the City.
7. Carry out the personnel policy of the City Council.
B. Scope and Coverage. These personnel policies shall apply to all employees of the City of Ashland.
Section 3.080.020 contains policies applicable to elected officials and appointive officers. These
policies are 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)
(Ord 2943, amended, 10/16/2007)
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy The proper operation of democratic government requires that public officials,
including elected officials, 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.
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ASHLAND MUNICIPAL CODE
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 contemplated action, thereby preventing them
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 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 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 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
Officials and employees should adhere to the rules of work and performance established as the
standard for their positions by the appropriate authority.
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 obtain 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 such 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 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 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 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 15.04.200) members
engaged in specific trades).
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ASHLAND MUNICIPAL CODE
Specific conflicts of interest are enumerated below for guidance:
1. Incompatible Employment. 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 ofjudgment or
action in the 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 official use such information to advance 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, 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 (1) 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 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
official shall appear on behalf of a client for a fee or pro bono 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 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 official may be called 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 recommended, approved, awarded, entered
into, or authorized by the public 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 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 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.)
F. Political Activity. 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 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
Page 3 of 11
ASHLAND MUNICIPAL CODE
shall an employee take an active part in political 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 - Employees. 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 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.
H. Applicability of Code - Appointed and Elected Officials. When an appointed 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 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 final, unless a majority of the
Council calls up the determination for review by the full Council at the meeting following the
determination...
1. Definitions:
1) 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 include: the Mayor, the
city councilors, the city recorder, the municipal judge and the parks commissioners.
J. Municipal Court Judge. Notwithstanding any other provision of this ordinance, the conduct of the
Municipal Court Judge, an elected official, shall be governed by the Rules of Judicial Conduct of the
Oregon 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 appointive
officer. Discipline or removal actions shall be in addition to, and not in lieu of, any other City
initiated sanction or penalty authorized by Title I of the Ashland Municipal Code.
(Ord 2943, amended, 10/16/2007)
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ASHLAND MUNICIPAL CODE
SECTION 3.08.030 Appearance, Conduct, Discipline, Termination and Appeal.
A. Personal Appearance and Conduct. All employees are expected to maintain high standards of
appearance and conduct. Personal appearance and conduct appropriate to the employee's position
are important in gaining favorable public opinion of the City's service. Each employee should strive
to maintain a neat, clean and well-groomed appearance.
1. Employees in the uniform services should pay particular attention to being in proper uniform and
present a neat and well-groomed general appearance.
2. When transacting their own business affairs, employees of the City are expected to maintain good
relations with the business community.
3. Neatness of work performed is important. Proper attitude, courtesy and conduct on and off the
job are of importance to the individual as well as to the City. All City employees are engaged in
public relations work. All representatives of the City, regardless of whether public contacts are
direct or indirect, or whether they are by telephone or in person, shall be courteous, efficient and
helpful to all in their work and shall do the bestjob possible on every assignment.
4. Favorable impressions created by the employee's courteous public relations develops good will
and support for the City service. In public relations, city officials, city administrators, fellow
employees, and the citizenry expect City employees to do their work properly and efficiently and
to assume an obligation of loyalty and interest in the City's welfare. Loyalty is due the City
service as a whole, not merely the particular department in which the employee is working. A
City employee should take pride in servicing the local government and should strive to advance
the City's interests wherever possible, to defend it against unjust criticism, to protect its property,
and to be of genuine service to the people of the City of Ashland.
B. Causes for Warning. Suspension or Dismissal. Disciplinary action may be imposed upon any
employee for failing to fulfil their responsibilities as an employee. Conduct reflecting discredit upon
the City or department or which is a direct hindrance to the effective performance of City functions,
shall be considered good cause for disciplinary action. General reasons for which an employee may
be disciplined include but are not limited to:
1. Drinking intoxicating beverages or use of illegal drugs while on the job, or arriving on the job
under the influence of intoxicating beverage or illegal drugs;
2. Violation of a lawful duty, insubordination, breach of discipline, or incompetence;
3. Being absent from work without permission or failing to report to the supervisor or Department
Head when absent;
4. Being habitually absent or tardy;
5. Failure to perform assigned work in an efficient manner, being wasteful of material, property, or
working time;
6. Abusive language or conduct;
7. Inability to get along with fellow employees so that work being performed is hindered or below
required standards;
8. Committing a felony or being convicted of a misdemeanor involving moral turpitude;
9. Use of religious, political or fraternal influence in the pursuit of City business;
10. Willful or flagrant violation of safety rules;
11. Violation of the City's Code of Ethics.
C. Form of DisciplinM Action. Disciplinary action may include the following:
1. Oral reprimand
2. Written reprimand
3. Demotion
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4. Suspension
5. Discharge
Any disciplinary action imposed upon an employee shall be protested only as a grievance through the
regular grievance procedure. In the administration of discipline, the City shall follow due process as
required by law.
D. Grievance Procedure. Any grievance or dispute which may arise concerning the application,
meaning or interpretation of these policies shall be settled through the grievance procedures
established in current employee union contracts and other formal agreements between the City and
non-union employee groups.
E. Strike Prohibition. Participation in a strike shall be unlawful for any public employee (Ashland
Municipal Code Section 3.04.090). In the event of a picket line, employees who refuse to cross the
picket line shall be deemed to be engaged in a prohibited strike and shall be subject to disciplinary
action.
F. Resignation. In the event of resignation, a written resignation should be submitted to the employee's
supervisor or Department Head, giving as much notice as possible, preferably not less than ten (10)
working days. Such action will be a credit to the employee's record and facilitate the hiring and
training of a person to fill the vacancy.
SECTION 3.08.040 General Personnel Policies and Procedures.
A. Prerequisites for Employment. Prerequisites for employment by the City of Ashland as a full-time
employee are:
1. Applicants must be of legal employment age.
2. Applicants must submit either a completed City application form or a resume of education and
experience in order to be considered for employment.
3. Applicants may be required to take a physical examination scheduled by the City and at City
expense prior to being hired.(Ord. 2013, 1979)
4. Employment shall not be denied on the basis of familial relationship except for members of the
immediate family of either the Mayor, member of the City Council, or the appointing power; or
as otherwise provided for in ORS 659.131. (Ord. 2060, 1980)
5. All statements submitted on the employment application or attached r6sum6 shall be subject to
investigation and verification.
6. All information obtained during the application process shall be considered confidential.
7. No question in any application form, test or interview or by appointing authority shall be framed
as to attempt to elicit information concerning race, color, ancestry, sex, sexual orientation, age,
national origin, political or religious affiliation. (Ord 2746, 1994)
B. Probationary Period. The probationary period is an integral part of the employee selection process
and provides the City with the opportunity to upgrade and improve the departments by observing a
new employee's work, training, aiding new employees adjustment to their positions, and by providing
an opportunity to reject any employee whose work performance fails to meet required work
standards. Every new employee shall serve a minimum probationary period as determined by union
contract or non-union agreement but in no case less than six (6) full months after which, and upon
recommendation of their Department Head, they shall be considered a regular employee. The
probationary period may be extended upon request of the Department Head if an adequate
determination cannot be made at the end of the probationary period.
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C. Promotional Probationary Period. Regular employees promoted into a higher classification shall
serve a promotional probationary period of six (6) full months.
D. Hours of Business. The hours during which the City offices and departments shall be open for
business shall be determined by the City Council upon recommendation of the City Administrator.
E. Attendance. Full-time employees shall perform a full day's work each and every scheduled working
day. Tardiness shall be a cause for disciplinary action. If an employee for some unavoidable reason
cannot report for work, that employee is expected to notify their supervisor or Department Head not
later than the beginning of the next scheduled work day. Absence from work without permission or
without notice is considered to be indifference to the City's interest and may result in disciplinary
action.
F. Deuartmental Rules and Regulations. Each department of the City is encouraged to have established
rules, regulations and procedures. Each rule, regulation and procedure shall be in harmony with the
requirements established within this document, existing employee union contracts, and other existing
agreements between the City and its employees.
G. Personnel Records. The City Personnel Assistant shall be responsible for the proper administration
of the personnel program and shall maintain the official personnel records for each employee.
Personnel records of employees shall be considered confidential and shall be available for inspection
only to the employee and authorized City officials.
1. Employees will be entitled to inspect their record two (2) times during each calendar year;
2. acknowledge the placement of new materials in their file; and
3. challenge or reply to materials which the member believes to be obsolete or otherwise
inappropriate for evaluation, promotion or retention.
H. Vacancies and Promotional Opportunities. It shall be the policy of the City that whenever a vacancy
occurs, it shall be open to applicants from both within and without the City service. In the event that
two (2) or more applicants for a job are equally qualified, City employees shall be given first
preference. The City shall be the sole judge of an employee's qualifications and ability.
1. Outside Employment. Outside employment shall be permitted only with the express prior written
approval of the City. The general principles to be followed by the City in permitting or restricting
such outside employment shall be:
1. The need for mentally and physically alert City employees;
2. Insulating employees from potential conflict of interest situations;
3. Maintaining efficiency unimpaired by other employment, particularly for those City positions
requiring employees to be available for duty twenty-four (24) hours a day. In the event that the
above principles are violated, the City may revoke previously granted permission to hold outside
employment.
J. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a
regularly scheduled pay date falls on a Holiday, the last preceding workday shall be the regular pay
date in lieu thereof, except that pay periods for firefighters shall be as specified in the current labor
agreement.
K. Residence Requirements. City residency shall not be a condition of employment or continued
employment. However, employees regularly assigned to stand-by status will be required to live
within the Ashland area, as prescribed by Union Contract or non-union employee agreement.
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Department Heads are also encourage to live within the City limits.
L. Mileage. Any employee required to report for special duty or assignment at any location other than
that employee's permanent reporting location and who is required to use a personal automobile for
transportation to such location shall be compensated for such use.
M. Travel Expense. Occasionally employees may wish to attend conferences or conventions or they
may be required to travel outside the Ashland area on City business. Decisions concerning
attendance at conferences, conventions and other meetings at City expense will be made by the
Department Head with approval of the City Administrator. Permission to attend such meetings
will be granted on the basis of an employee's participation or the direct relation of their work to
the subject matter of the meeting. Members of professional societies will be permitted to attend
meetings of their society when it is deemed to be in the best interest of the City.
Approval of the trip, method of travel, and estimate of expenses are required prior to making the
trip. Immediately upon return, expense sheets shall be filled out by the employee. Review and
approval by the Department Head will be required prior to payment by the Director of Finance.
N. Selling and Peddling among Employees. No peddling, solicitation or sale for charitable purposes or
other reasons will be allowed among or by employees during working hours unless approved by the
City Administrator.
0. Cost Consciousness. Every City employee as a citizen and tax payer, should practice every economy
possible in the discharge of their duties.
1. Lights, electric heaters, motors, etc., should be turned off when not needed.
2. City equipment should be well cared for and maintained.
3. Conservation should be practiced in the use of all City supplies.
P. City Equui ment. City employees who are assigned vehicles or other equipment or who use such
equipment in the course of their normal duties, are authorized the use of such equipment for official
use only. In no case is City equipment to be used for private purpose.
Employees who are assigned vehicles or operate trucks or other heavy equipment are required to be in
possession of a current Oregon operator's license. In addition, the City will periodically check the
driving records of these employees to insure that their operator's licenses are current.
Q. Uniforms. Protective Clothing and Devices. If an employee is required to wear a uniform, protective
clothing, or use any type of protective device, such article shall be provided by the City. Lost
articles or damage to articles due to negligence shall be reimbursed to the City by the employee.
Failure of an employee to wear such required uniform, protective clothing or use such protective
device as prescribed by the City shall be cause for disciplinary action as set forth in Section 3.08.030.
R. Safety. All employees are urged to practice safety at all times. Mishaps and accidents can be
avoided if safe conditions are maintained. All employees are expected to abide by the appropriate
federal and state safety standards associated with their work as well as City safety standards
established through work rules. Willful violation of such rules shall be grounds for disciplinary
action.
Department Heads and supervisors are encouraged to establish safety programs and regular safety
briefings for the employees in their departments.
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All employees are responsible for immediately reporting safety standard violations or unsafe working
conditions or equipment to their immediate supervisor.
In the event of an accident involving a City employee on City time, or on City equipment, or City
property, the accident should be immediately reported to the employee's supervisor and the Safety
Coordinator.
Under direction of the Director of Finance, the General Services Supervisor has been designated the
Safety Coordinator, responsible for the administration of the City's safety program.
S. Recovery of City Property. Upon termination with the City for whatever reason, City-owned
equipment, clothing, keys, I.D. card, etc., checked out to the employee must be returned prior to
issuance of the employee's final check.
T. Legal Liability. The City shall purchase liability insurance in the maximum amounts set forth in
ORS 30.270 for the protection of employees against claims against them incurred in or arising out of
the performance of their official duties.
1. If an employee is negligent in the performance of their other duties and responsibilities, such as
failure to report faulty or unsafe equipment or negligent operation of a motor vehicle, and
accidents result from such conditions, the employee may be held personally and legally liable.
2. A good employee will abide by laws and regulations and perform assigned duties as a reasonable,
prudent person and not in a negligent manner. Such an employee will strive to preserve the
honor, trust, confidence and respect that is bestowed upon them by the public.
SECTION 3.08.050 Classification Plan.
A. Position Classification Plan. The City Administrator shall prepare and be responsible for a position
classification plan which shall be a part of these policies. Copies of this plan and of specifications
for individual classes shall be available in the Personnel Office.
B. Titles and Specifications. The position classification plan shall include titles and written
specifications for the various classes of positions as a guide toward equal pay for equal work. job
titles shall refer to a particular position and not to the individual.
I. Each position shall, on the basis of the duties and responsibilities of the position, be allocated to
an appropriate class.
2. Each class shall have a specification that includes a concise, descriptive title, a general
description of the duties and responsibilities of each position in the class, and a statement of the
minimum or the desirable qualifications for each such position.
The position specifications take into consideration the requirements of the job and are merely
descriptive and explanatory of the work to be performed. They may not necessarily include all
of the duties.
C. Reclassification.
1. The City Administrator may reclassify a position whenever its duties change materially, provided
the reclassification can be accomplished within the limitations of the current budget of the City.
2. Reclassification shall not deprive an employee of, or change the date of eligibility for, scheduled
pay increases which would otherwise have been granted.
3. If an employee is promoted, or a position reclassified, to a class having higher salary range the
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employee's salary rate shall be adjusted to the minimum rate of the new class. However, if the
employee's current salary rate is higher than the minimum rate for the new class, adjustment will
be made to the next highest rate which exceeds the employee's current rate.
4. When an employee is transferred between positions with no change in classification or is
transferred or reclassified to a class having the same salary range, the rate of pay shall remain the
same.
D. New Positions. The City Administrator may create new positions and allocate the positions to an
appropriate class. The City Administrator shall prepare appropriate class specifications therefor.
(ORD2801, 1997)
SECTION 3.08.060 Affirmative Action Plan.
The City Administrator is the designated Chief Affirmative Action Officer. Day to day administration of
the City's affirmative action program is the responsibility of the Personnel Assistant. A copy of the
City's Affirmative Action policy and program shall be on file in the office of the Personnel Assistant.
SECTION 3.08.070 Pay Plan and Compensation.
A. Pay Plan and Compensation. The pay plan and compensation for each classification and positions
within that classification will be that established by current employee union contracts and formal
agreements between the City and non-union employees.
B. Appointee Compensation. An appointee to a new position shall receive the minimum salary for that
position except:
1. In cases of unusual difficulty in filling the position; or,
2. In hiring exceptionally qualified personnel, the City Administrator may cause the appointment to
be made at a salary above the minimum, but not more than the maximum for the position.
3. Employees appointed to a position above the entry level salary will be required to complete the
full length of service required for the next regularly scheduled pay increase. However,
management may at any time choose to grant increases for meritorious service.
SECTION 3.08.080 Employee Benefits.
A. Holidays. The following shall be recognized as Holidays:
New Years Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (in lieu of Lincoln's birthday)
Christmas Day (December 25)
Whenever a holiday shall fall on Sunday, the succeeding Monday shall be observed as the
holiday. Whenever a holiday shall fall on Saturday, the preceding Friday shall be observed as
the holiday. In order to be eligible to receive holiday pay, an employee must work the last
scheduled workday prior to the holiday and the first scheduled workday following the holiday.
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B. Vacations. Vacation leave taken shall not be in excess of that actually accrued at the time it is
taken, and generally is not granted to a new employee prior to the completion of six (6) months
satisfactory service.
Vacations shall be scheduled in conformance with union contracts, non-union agreements and
departmental policy. Vacation leave shall be requested on forms provided by the City and should be
submitted not less than thirty (30) calendar days prior to the time requested. Vacations shall be
approved by the Department Head, and where conflicts arise, seniority shall prevail except in the case
of Department Heads and their immediate assistants.
C. Sick Leave. Employees accrue sick leave at the rate of eight (8) hours per month of full service (12
hours per month for 56 hour/week personnel). Employees may use sick leave when unable. to
perform their work duties by reason of illness or injury.
D. Accident. Health, and Hospital Insurance. Accident, health and hospital insurance to cover
non-occupational injuries and sicknesses are provided to full-time City employees. Coverage by
such insurance begins the first of the month following ninety (90) calendar days of employment.
Specific details of coverage shall be as stated in current union contracts and other formal agreements
between the City and non-union employee groups.
E. Retirement. All regular full-time City employees are enrolled in the State of Oregon Public
Employees Retirement System after six months employment. (Amended Ord. 2748 1995)
F. Utility Discount: (Repealed Ord. 2769, 1995)
G. Other Benefit Provisions. All other employee benefits including specific provisions for holidays,
sick leave, and vacations shall be as set forth in currently existing employee union contracts and other
formal agreements between the City and non-union employee groups.
SECTION 3.08.090 Variances.
The City Administrator shall have the power to vary or modify the strict application of the policies and
rules listed herein in any case where such strict application would result in practical difficulties or
unnecessary hardships. (Ord. 2013, 1979)
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