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2012-1120 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 near the enhance 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. 1 AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 20, 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 November 5, 2012 2. Business Meeting of November 6, 2012 VI. SPECIAL PRESENTATIONS & AWARDS 1. -Presentation by Ashland Community Hospital Board regarding proposed affiliation with Asante VII. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Approval of a public contract for utility wood pole inspections and remedial treatment 3. Resolution authorizing military flyovers for Memorial Day and Independence Day ceremonies 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. Adoption of a supplemental budget and a resolution creating appropriations COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US within the FY 2012-13 budget 2. Public hearing to consider raising electric rates IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Special procurement for the purchase of Badger Water Meters XI. NEW AND MISCELLANEOUS BUSINESS 1. Council acceptance of Fiscal Year 2011-2012 Comprehensive Annual Financial Report 2. Procedure on selection of Council Position #6 XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1 Second 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 MEMBERSIREPORTS 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 Administrators 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 1). 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 November 5, 2012 Pagel of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, November 5, 2012 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. J Councilor Slattery, Silbiger, Morris, Lemhouse, and Voisin were present. 1. Look Ahead City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Discussion Regarding Appointment of Council Position #6 City Recorder Barbara Christensen submitted into the record documentation from 2006 when Council replaced Councilor Hardesty's position. She suggested implementing the 10-day process used for elections as a timeframe to place an advertisement in the newspaper. Based on the number of applications received Council would decide whether to conduct interviews at a regular meeting or schedule a special meeting. She recommended applicants submit a letter of interest along with their application. Council suggested a five-person maximum for final interviews, use the same criteria voters had during an election process, and possibly have a special meeting December 17, 2012 instead of a Study Session. Ms. Christensen thought a Friday November 16, 2012 deadline would give Council the opportunity to review applications and decide the interview process during the November 19, 2012 Study Session or the November 20, 2012 Council meeting. Council could conduct interviews and make a decision during a special meeting scheduled December 3, 2012. Council discussed having applicants write responses to specific questions to determine the interview pool. Mayor Stromberg suggested the following questions: 1. What background do you have in municipal government? 2. What experience do you have working in decision-making groups? 3. What issues do you see facing the City of Ashland in the next two years? 4. How much time do you expect to spend as City Councilor? 5. What do you know about AFR, the Water Master Plan, the Homeless Day Use Center, the PERs increase, the Gun Club, and the Economic Development Strategy? Councilor Voisin added: 1. What three goals do you want to seethe Council address in the next year? 2. How do you see yourself relating to citizens who speak to you at Council meetings, email or call you? Councilor Morris disagreed and thought it was more important to have someone who was intelligent, could set aside ego, deal with outbursts, own their decisions, and remain accountable. He suggested candidates provide examples that demonstrated their ability to work in a group and how they managed stress. Ms. Christensen noted the only requirements to run for office were being registered to vote and living within city limits. Council discussed posting questions on the website and initially having 10 random questions that would help determine second interviews. City Council Study Session November 5, 2012 Page 2 of 2 Ms. Christensen would provide ballots for Council to select individuals for final interviews during the November 19, 2012 or November 20, 2012 meeting. Council would then forward questions they wanted asked during the December 3, 2012 meeting. Councilor Lemhouse suggested having the final candidates do a presentation instead of a second interview. Council majority agreed the following questions should go into the advertisement for the position: • What do you think are the biggest issues facing the city? • What is your primary motivation for seeking the vacant council seat? • What community and city activities have you been involved in recently? • What is the role of the city councilor? Council decided to review applications during the November 20, 2012 meeting, select the final candidate pool, determine the interview process, and submit additional questions. In order to have the applications in the agenda packet by 5:00 p.m. Thursday November 15, 2012, Council changed the deadline to apply from November 16, 2012 to November 14, 2012. City Attorney Dave Lohman clarified there were no set rules for voting and Council could determine a process once they knew how many people applied. Ms. Christensen would include voting options in the agenda packet. 3. Discussion Regarding Allowing Meeting Attendance by Electronic Means City Administrator Dave Kanner explained Oregon law allowed electronic attendance as long as it was pursuant to a charter amendment or an ordinance. City Attorney Dave Lohman further explained under the current absence of any provisions Council had two options, one, to suspend the rules to allow participation by phone. The second pertained to boards and commissions. Currently boards and commissions had the ability to set their own rules regarding electronic participation in a meeting. Council could determine they should have the same or stricter rules than boards and commissions. Currently ORS (Oregon Revised Statutes) did not define meeting participation but Council could establish guidelines. Robert's Rules stated a meeting was determined as all were present. However, a city ordinance trumped Robert's Rules. Council agreed it should be a rare occurrence, with strict criteria, and was not applicable for every commission. Electronic participation tended to make meetings difficult for both sides. Opposing comments thought there were too many issues and a loss of control associated with electronic attendance. Supporting comments thought it should be allowable, infrequent, and have parameters. It should pertain to circumstances beyond a Councilor's control and emergencies where Council needed a Councilor that was out of town to participate. Mr. Lohman would draft an ordinance for Council to consider at a future meeting. 4. Discussion of City Policy Regarding Air Force Flyovers (request of Councilor Slattery) Councilor Slattery explained a citizen was interested in having an Air Force Memorial Day flyover and it was his understanding the City authorized flyovers for the 4°i of July celebration only. Council discussed the history of flyovers and directed staff to develop a resolution to allow flyovers in general with processes for approval and notifying the public. Meeting adjourned at&.57 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING November 6, 2012 Page I of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 6, 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, and Silbiger were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Public Arts Commission, Transportation Commission, Tree Commission, Firewise Commission, Audit Committee, and the annual.Budget Committee. The City was also accepting applications for City Council Position #6 with a 5:00 p.m. November 14, 2012 deadline. APPROVAL OF MINUTES The minutes of the Study Session of October 15, 2012, Executive Session of October 15, 2012 and Business Meeting of October 16, 2012 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of November 5-11, 2012 as Youth Symphony of Southern Oregon Week was read aloud. Ashland Community Hospital (ACH) Board Chair Doug Gentry explained the board was surprised that Dignity Health had withdrawn their offer but planned to move forward and seek affiliation elsewhere. The Board met with the CEO's (Chief Executive Officer) from Providence and Asante/Rogue Valley Medical Center who expressed int6rest in renewing their previously submitted proposals. The Board anticipated choosing a new partner prior to Thanksgiving and closing the new arrangement by the end of the year. Currently the hospital was functioning normally with no layoffs. The Board would update Council as the process unfolded but was not sure at this time how the Board would communicate progress to the community. The Mayor and Council discussed replacing Councilor Silbiger as the Council Liaison for ACH with Councilor Slattery as interim since Councilor Silbiger's term ended soon and the affiliation process for the hospital might extend into 2013. Councilor Silbiger/Lemhouse m/s pursuant to Municipal Code 2.04.110(E) Councilor Silbiger stepped down as liaison to ACH and moved to make Councilor Slattery the ACH liaison. Voice Vote: all AYES. Motion passed. 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 ASHLAND CITY COUNCIL MEETING November 6, 2012 Page 2 of 6 purchase of wastewater membrane filters 6. FEMA 2012 Community Resilience Innovation Challenge Grant Request 7. Liquor license application. from Alyssa Brooks dba 7-Eleven at 1281 Siskiyou Blvd. 8. Special procurement for the purchase of Badger Water Meters Councilor Morris/Lemhouse m/s to approve Consent Agenda items #1-6. Voice Vote: all AYES. Motion passed. Public Works Director Mike Faught explained the cost benefit analysis for the purchase of Badger Water Meters assumed a $445,000 over a 20-year period by reducing staff and inflating labor costs. Councilor Voisin expressed concern renewing the liquor license for 7-Eleven. Alcoholism was a primary issue at the university and the store was in close proximity and made obtaining alcohol easier. She wanted to red flag the store. City Administrator Dave Kanner was doubtful OLCC (Oregon Liquor Control Commission) would comply with the request. He would follow up with the City Recorder on whether Council could note location concern on the renewal application. Council majority was not supportive of the suggestion. It was not fair to red flag a business that had followed the rules. Mayor Stromberg suggested not approving Consent Agenda item #7 until they talked to the City Recorder and moving Consent Agenda item #8 to the next Council meeting so the public and Council had time to review the cost benefit analysis. PUBLIC HEARINGS 1. Ordinance amending the City of Ashland Comprehensive Plan to adopt the Housing Needs Analysis as a technical supporting document Senior Planner Brandon Goldman explained the Housing Needs Analysis would become a technical supporting document to the Ashland Comprehensive Plan. Cities completed Housing Needs Analysis' in order to provide a factual basis for legislative decisions cities made. It addressed statewide planning goals as well as a goal within the Comprehensive Plan to provide a variety of housing types commensurate with population needs within the city. The City used the Housing Needs Model developed by Oregon Housing and Community Services. Mr. Goldman and Housing Program Specialist Linda Reid provided a presentation on the Housing Needs Analysis that included: • Purpose o State of Oregon Planning Goals: Encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households. o City of Ashland Comprehensive Plan: Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city. • Housing Needs Model - The Housing Needs Model calculates housing needs as driven by the demographics of the study area as opposed to the past trends in housing production. o Population changes o Demographic changes o Household incomes o Household sizes o Vacancy rates o Housing tenure o Housing costs • Population Projections - Age Cohort changes 2000-2010 Chart • Questionnaires ASHLAND CITY COUNCIL MEETING November 6, 2012 Page 3 of 6 • Rental Property Owner Questionnaire 0 488 mailed - 47 respondents o Responses representative of 1240 units in Ashland o Online Resident Questionnaire SurveyMonkey 0 177 respondents , Rental pricing was lower than fair market rent for Jackson County and the survey showed rental pricing the least satisfactory for renters most likely due to a deficit of units in demand. Currently there were 2,376 Southern Oregon University (SOU) students traveling from out of the area or residing within the city in non-group housing. • Rental Owner Questionnaire o Rental Rates (February 2012) Chart o Annual vacancy rate averages Chart o Satisfaction with Rental Housing Options Chart • Housing Types o Single Family Detached o Townhomes/Rowhouses o Cottage Housing o Multifamily (duplex, triplex) o Apartments (larger scale) • Accessory Residential Units • Ownership Units Needed (Figure 6.2) Chart • Rental Units needed (Figure 6.3) Chart The Housing Needs Model found a large deficit of lower cost ownership units and lower cost rental units per the need within the community. There was a gap regarding the higher cost of housing in terns of rental units between how many could afford paying rent as 30% of their income and those who could not. The lowest end contained the largest deficit, they were government funded federally subsidized units and it was not economically feasible for the market to provide units at that low cost. The predominant housing type built in the last decade was single-family detached ownership units that addressed demand, not need. Additionally, median incomes did not keep up with medium priced homes. • General Findings o Over the last decade, new housing built in Ashland has primarily been single-family ownership units. o Households earning the area median income cannot afford the median priced home in Ashland. o The fastest growing employment sectors in Ashland do not pay enough for a household to afford fair market rents. o Low-income households cannot afford market rate rentals in Ashland. • General Recommendations o Encourage more multi-family housing. o Encourage more affordable single-family housing types The Housing Needs Analysis would substantiate or refute any policy a commission or Council might consider. Council could modify, eliminate, or add items to the strategies. Communities used and encouraged potential strategies to develop different housing types, and were not necessarily something Council had to assume. The Housing Needs Analysis would serve as a starting point.. As part of the unified Land Use Ordinance, the Planning Department was currently working on potential strategies to present to the Planning Commission and ultimately Council. Staff would also bring the Housing Work Plan to Council that identified staffing availability, work priorities for the Housing Program Specialist and what the Planning Department would be doing regarding housing. ASHLAND CITY COUNCIL MEETING November 6, 2012 Page 4 of 6 Mayor Stromberg thought the document should explain the need to reduce parking and promote building close to public transit. Open space should be included when considering small lots for small buildings. The School District wanted the City to encourage affordable housing for families. Other points to consider were co-housing and vacation rentals by owner. Councilor Morris observed affordable housing equated to subsidized housing. There was never a tax cut, just a transfer, and waiving Community Development fees raised house values. He questioned if there were a way to amortize affordable housing through the RPS (Regional Problem Solving) throughout the region. Ms. Reid explained affordable housing was amortized in that people could look in other communities if Ashland lacked affordable housing. Ashland was a small and desirable place to live but there were low wage issues where people worked in Ashland but could not afford to live here. People commuting to Ashland triggered the parking and transportation problems. For a household, transportation and housing were the two biggest expenses. The City calculated median income using the HUD (Housing Urban Development) calculation that put out an adjustment number annually and the Census had a number specific to Ashland. Public Hearing Open: 8:03 p.m. Public Hearing Closed: 8:03 p.m. Councilor Voisin/Slattery m/s to approve First Reading of an Ordinance amending the City of Ashland Comprehensive Plan to adopt the updated Housing Needs Analysis with staff amendments as a supporting technical document and move it to Second Reading. ` DISCUSSION: Councilor Voisin thought both the Housing and Planning Commissions vetted the document well. Councilor Slattery agreed it was a good starting point and something Council could address at the Council Goal Setting. Councilor Lemhouse thought the analytical value did not rise to the level of a technical document and would not support the motion. It provided good information but made assumptions. Councilor Slattery agreed it was not a technical document but information to continue the conversation. Roll Call Vote: Councilor Silbiger, Morris, Voisin, and Slattery, YES; Councilor Lemhouse, NO. Motion passed 4-1. City Recorder Barbara Christensen addressed Consent agenda item #7, the Liquor License for 7-Eleven and explained it was a change in ownership. The Police Department approved the annual renewal process, and the applicant met the requirements. Police Chief Holderness noted there were occasional "shoulder taps" by minors asking adults to purchase alcohol but no other issues. Councilor Silbiger/Voisin m/s to approve Consent agenda item #7. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery and Silbiger, YES. Motion approved. PUBLIC FORUM Cate Hartzell/892 Garden Way/Commented on the failed Ashland Community Hospital (ACH) affiliation with Dignity Health, the rumor citizen input contributed to Dignity Health pulling out, and information on Dignity Health's history of managing and selling community hospitals. She requested Council ensure citizens received information in a timely way regarding future partnerships with ACH and allow public input. She went on to suggest Council cancel or reschedule future Council meetings that fell on an election day. Mayor Stromberg responded staff and Council had discussed rescheduling meetings on election nights and he would work on a policy with the City Administrator to bring to Council. Regarding citizen input ASHLAND CITY COUNCIL MEETING November 6, 2012 Page 5 of 6 for future negotiation processes for ACH, the City was working on ways to get information to citizens in a more timely way. The lease negotiation would have public input. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Acceptance of Operational Sustainability Plan framework Administrative Services Director Lee Tuneberg introduced Conservation Commission Chair Tom Beam and Project Manager Adam Hanks and explained the Sustainability Plan framework was directed at the City side of sustainability versus the community. The Conservation Commission was ready to hand off the document to staff and subsequently go through the budget process. Mayor Stromberg thought the document was comprehensive and would help the City with a specific energy and resource sustainability plan for City operations. With the PERs assessment coming, the City needed $700,000 of ongoing funding to keep city government operating. Innovation would play a key role because of limited resources. Councilor Lemhouse added there were times when it was more cost effective to hire consultants rather than pay internal costs. Moving forward he was interested in hiring consultants if needed. Mr. Tuneberg noted the plan had various levels to operate, with initial and ongoing work that required staff time. A cost benefit analysis was included in the program. Councilor Slattery/Lemhouse m/s to accept the Operational Sustainability Plan Framework document as drafted and presented by the Conservation Commission and City staff. Voice Vote: all AYES. Motion passed. 2. Fiscal Year 2012-2013 First Quarter Financial Report: July- September 2012 Administrative Services Director Lee Tuneberg explained staff focused more on concepts than numbers identifying the changes in cash from the year before, how changes in investments occurred, and reviewed major funds. Overall City finances were good. The City had improved since 2008 and recovered some of the unrestricted ending cash balances. However, the aging infrastructure and needs going forward were and would be a continuing issue as well as how the City funded financial improvements. Councilor Voisin/Slattery m/s to accept the First Quarter Financial Report for FY2012-2013. Voice Vote: all AYES. Motion passed. 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" Councilor Lemhouse/Silbiger m/s to approve Ordinance #3077. Roll Call Vote: Councilor Slattery, Voisin, Silbiger, Lemhouse, and Morris, YES. Motion passed. 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 " Councilor Slattery/Morris m/s to approve Ordinance #3076. Roll Call Vote: Councilor Lemhouse, Silbiger, Morris, Slattery, and. Voisin, YES. Motion passed. ASHLAND CITY COUNCIL MEETING November 6, 2012 Page 6 of 6 3. First reading, by title only, of an ordinance titled, "An ordinance amending AMC Chapter 3.08, General Personnel Policies, and Employee Responsibilities" City Administrator Dave Kanner explained staff rewrote the City's code of ethics to make it consistent with State ethics law, added language that any violation of State ethics law was also a violation of City code, and updated other elements. Councilor Morris/Lemhouse m/s to approve First Reading of an Ordinance titled, "An Ordinance Amending AMC Chapter 3.08, General Personnel Policies and Employee Responsibilities. Roll Call Vote: Councilor Morris, Slattery, Lemhouse, Silbiger, and Voisin, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting was adjourned at 8:37 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES September 25, 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 Maria Harris, Planning Manager Eric Heesacker Brandon Goldman, Senior Planner Richard Kaplan April Lucas, Administrative Supervisor Pam Marsh Debbie Miller Melanie Mindlin Absent Members: Council Liaison: None Dennis Slattery, absent ANNOUCEMENTS Community Development Director Bill Molnar noted the email distributed to the Commission that expressed concern with the Siskiyou School and stated staff would look into this. He also noted the new code sections that were handed out and stated the Land Use Ordinance has been amended to include the recently adopted ordinance language for telecommunication facilities and the keeping of chickens. He added Council directed the Commission to look into the keeping of other animals and this will come back at a future study session. PUBLIC FORUM No one came forward to speak. PRESENTATION A. Gray Water Presentation by City of Ashland Building Division. Building Official Michael Grubbs and Plumbing Inspector Richard Hackstock provided a presentation on the newly adopted state regulations that permit graywater for landscape use. The presentation, titled "Graywater Reuse and Disposal Systems for the Homeowner", outlined the Department of Environmental Quality's (DEQ) permitting process for these types of systems, and provided an overview of the three different graywater system tiers and the DEQ permit fees. Mr. Grubbs explained a City permit is only required if the system is tied into the home's plumbing system. If the water is diverted directly to a homeowners yard, the City is not involved and this falls under DEQ's jurisdiction. He stated these types of systems are new to the state and new to Ashland, but staff is excited about this type of use and is willing to assist any homeowners who want to pursue this. Questions and Comments Mr. Grubbs clarified DEQ has a recommended setback for graywater systems so that water is not sprayed on an adjoining property. He also clarified outdoor systems do not required the installer to have an irrigation or contractors license. Comment was made questioning if staff had an outreach program to inform citizens about this. Mr. Grubbs clarified an open house was held in June, and in addition to the Conservation Division pushing these types of systems, the City's website has lots of information available and of course staff is available for questions. Suggestion was made for staff to include information in an upcoming utility bill insert, possibly in the spring edition to generate more interest. Ashland Planning Commission September 25, 2012 Page 1 of 3 Commissioner Dawkins noted the Water Wise Landscaping website created by the Conservation Division and staff clarified how to access this site through the City's website. DISCUSSION ITEMS A. Unified Land Use Code. Planning Manager Maria Harris addressed the Commission and provided a brief presentation on the Unified Land Use Code project. She called attention to the outline document contained in the packet materials and stated they will be talking about part one tonight, which is titled "Introduction and General Provisions". Ms. Harris described the first section in the Unified Land Use Ordinance and stated it covers purpose, what the code language applies to, how it relates to the Comprehensive Plan and Zoning Map, how it coordinates with the building permit process, how to address questions about meaning or intent, and how to address structures/developments, uses, and lots that do not meet ordinance requirements. Ms. Hams reviewed the amendment highlights, which include: 1) an expanded general administration chapter, 2) legal lot determination criteria, 3) repair and restoration standards for nonconforming structures, 4) ordinance interpretation procedure and referrals, 5) responsibility for enforcing ordinance, and 6) recession extension deletion. She also provided an example of a nonconforming structure and the types of issues staff often deals with, and requested the Commission provide input on whether there should be some flexibility in the Code for structures akin to a garage. Ms. Hams concluded her presentation with an overview of the project timeline. She stated the final draft will be presented in June 2013, and the adoption process will take place July 2013 through October 2013. Ms. Harris explained staff is finishing up the first draft and will start bringing forward pieces for the Planning Commission to review. She went on to say that staff would like to bring this forward in small sections, and noted this project will come before the Commission at regular meetings in addition to study sessions, and there may be a need to hold extra meetings. Questions and Comments Commissioner Marsh commented on the process and questioned whether they should form a subcommittee. In regards to the meeting schedule, Marsh shared her preference to keep with the regular meeting schedule and to not hold additional meetings for this project. Mr. Molnar stated staff was worried about the time commitment involved for smaller groups, but would revisit this idea if there is support on the Commission for a subcommittee. The Commission continued their discussion of the subcommittee idea and the desired meeting schedule and general consensus was reached for the packet materials to be presented further in advance, to not form a subcommittee, and to keep with the regular meeting schedule. Commissioner Dawkins voiced his support for proving some flexibility in the Code for nonconforming structures such as garages or sheds and recommended this be a Type I action instead of a conditional use permit. Additional support for this change was voiced by the Commission. The commissioners went on to share their input on the first section in general, and the following comments and suggestions were made: • Recommendation was made for Type I Process and Type I I Process to be added to the definitions section. • Recommendation was made for staff to look into the wording of the sentence listed at the top of page 1-7. Comment was made that the word "of appears to be missing. • Opinion was given that it is easy to go past the 6-month time limit for reconstruction projects (pg. 1-13). Ms. Hams clarified this section is referring to when you discontinue a nonconforming use; the timeline of a land use approval is one year, but an applicant can receive an additional 18-month extension to begin their construction project. She added there is an additional reactivation section in the Code that allows a property owner to come before the Planning Commission for approval to reactivate their nonconforming use. • Recommendation was made for the appeal process to be added to the procedures section. • Comment was made that Section 18-1.6.080 Violations (pg. 1-21) is difficult to read and it was questioned if there was a way to simplify, this. Commissioner Miller recused herself and left the meeting at 8:30 p.m. in order to avoid a conflict of interest on the Normal Avenue Neighborhood Plan discussion. Ashland Planning Commission September 25, 2012 Page 2 of 3 B. Normal Avenue Neighborhood Plan Update. Senior Planner Brandon Goldman addressed Commission and handed out the results from the resident questionnaires and stakeholder interviews. He commented on the public involvement process used to gather this information and stated it has been helpful in preparing the frameworks for mobility, infrastructure, open/space and greenways, land use, and sustainability. Mr. Goldman explained the public design workshops for the Normal Neighborhood Plan will take place in October and have been advertised in the City Source newsletter, and staff has also arranged for drop in sessions with the consultants and key stakeholder interviews the same week of the workshops. OTHER BUSINESS Commissioner Marsh informed the group that the Transportation System Plan (TSP) Update will be presented to the City Council next Tuesday, and stated if they have any general comments to pass them along to her. She also noted the TSP Public Forum is scheduled for October 24, 2012 and hopes everyone will attend. ADJOURNMENT Meeting adjourned at 8:50 p.m. ' Ashland Planning Commission September 25, 2012 Page 3 of 3 C I T Y OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES October 9, 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 Amy Gunter, Assistant Planner ' Pam Marsh April Lucas, Administrative Supervisor Debbie Miller Melanie Mindlin Absent Members: Council Liaison: None Dennis Slattery, absent ANNOUCEMENTS Commissioner Marsh announced the Transportation System Plan (TSP) public forum will take place on October 24, 2012 and asked for volunteers to assist with the stations that will be set up across the room. She asked that they reserve a few minutes at the end of the meeting to discuss this. Community Development Director Bill Molnar announced the City Council approved second reading of the Drive-Thru ordinance. CONSENT AGENDA A. Approval of Minutes 1. August 28, 2012 Study Session 2. September 11, 2012 Regular Meeting Commissioners Kaplan/Dawkins mis to approve the August 28, 2012 Study Session minutes. Voice Vote: all AYES. Motion passed 7.0. Commissioners Kaplan/Miller m/s to approve the September 11, 2012 Regular Meeting minutes. Voice Vote: all AYES. Motion passed 7.0. PUBLIC FORUM Brent Thompson/582 Allison/Encouraged the City to consider backend diagonal parking on B Street near the Food Co-Op. He also spoke to unlicensed overnight travelers accommodations and recommended there be adequate on-site parking so that neighbors are not affected, there be no food service, limit it to one room, and require the property owner to have a business license and pay the City's transient occupancy tax. Mr. Thompson also commented on affordable housing and recommended the City look into creative ways to reduce land costs. He also voiced support for the School District's application up next on the agenda. Ashland Planning Commission October 9, 2012 Page 1 of 7 UNFINISHED BUSINESS A. Approval of Findings for PA-2012.01122, 175 Lithia Way. A typographical error was noted on page 18 of the Findings, "Oregon Department of Engineering" should be changed to "Oregon Department of Transportation." Ex Parte Contact No ex parte contact was reported. Commissioners Dawkins/Brown m/s to approve the Findings with the noted correction. Roll Call Vote: Commissioners Miller, Dawkins, Marsh, Kaplan, Brown, Heesacker and Mindlin, YES. Motion passed 7.0. TYPE II PUBLIC HEARING A. PLANNING ACTION: #2012.00899 SUBJECT PROPERTIES: Ashland School District Properties Ashland High School - 201 S. Mountain Ave; Ashland Middle School,& John Muir School -100 Walker Ave; Bellview Elementary -1070 Tolman Creek Rd; Heiman Elementary School - 705 Heiman St; Walker Elementary School - 364 Walker Ave; Briscoe School - 265 N. Main St; Lincoln School; Ashland School Administrative Services - 885 Siskiyou Blvd. APPLICANT: Ashland School District DESCRIPTION: A request for a Conditional Use Permit approval for the creation of a Master Sign Permit Program for the Ashland School District Properties. The program intends to set parameters for material, location, area and height for new school signs as they are needed. COMPREHENSIVE PLAN DESIGNATION: Residential (Multi-Family and Single Family); ZONING: R-2 and R-1.5; ASSESSOR'S MAP & TAX LOT#: 391 E09DA 100; 391 E101200 & 3600; 391 E14CA 4700; 391 E04BD 2900; 391 E05DD 2500; 391 E09DD 1100 391 E09DA 6500. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact No ex parte contact was reported. Commissioner Dawkins stated he is familiar with the school system but can be unbiased in these proceedings. Commissioner. Mindlin stated she has a son in the school district and can also make a fair and unbiased decision. Staff Report Assistant Planner Amy Gunter explained the Ashland School District is requesting signage to meet the needs of the various functions that occur on the school properties and provided a short presentation on their application to create a master sign program. She cited the language in the Comprehensive Plan and the Ashland Land Use Ordinance in regards to governmental signs, and also provided the sign regulations for properties within residential zones. Ms. Gunter called attention to the matrix contained on page 7 of the staff report which outlines what staff feels is an appropriate baseline for signage on the various properties, and stated staffs primary concerns are regarding the proposed theater building sign and the gymnasium wall sign for the high school. She elaborated that the theater sign appears commercial in nature, it is uncommon to have a sign installed on a relatively blank fagade and visible only.to the residential zone, and the changeable copy area is 4.5 times greater than the maximum allowed by ordinance. In regards to the gymnasium sign, Ms. Gunter stated staff was concerned with the size proposed. She provided examples of raised lettering and approved ground signs for the schools, and also provided samples of Southern Oregon University's signage. Ms. Gunter concluded her presentation and recommended the Commission consider two items: 1) What is the minimum signage necessary in terms of number, area, and amount of changeable copy to further the public purpose of the school district? . 2) Could a ground sign similar to the one on the high school's Siskiyou Blvd. frontage be utilized instead of the proposed theater sign? This could achieve two purposes: a) demonstrate to the public that Mountain Ave. is the primary high school entrance, and b) provide the ability for the theater to advertise upcoming events as well as provide display area for other campus information. Ashland Planning Commission October 9, 2012 Page 2 of 7 Lastly, Ms. Gunter brought attention to the letter submitted to the Commission from a concerned citizen regarding business signage on the Lincoln and Briscoe Elementary school signs. Questions of Staff Commissioner Dawkins voiced concern with the high school ground sign that faces Siskiyou Blvd. and stated the sign is unsafe and a distraction to drivers. Ms. Gunter responded that staff had recommended the sign be perpendicular to Siskiyou and stated the applicants could speak to the sign's proposed orientation when they come forward. Ms. Gunter briefly described the sign issue at Lincoln Elementary. She stated there are businesses occupying the space and while the applicants do not intend on placing a sign right now, they have proposed a place and size for a sign. She added the application does not indicate what the sign would say. Mr. Molnar explained this conditional use permit is only available to government agencies who demonstrate it is needed to further the agency's purpose. He added the side code is very stringent and other businesses or private property owners are not allowed to apply for this and variances to the sign code are not allowed. He asked the Commission to consider whether the school district's proposal is necessary to further its public purpose and whether the signs fit in with the residential neighborhoods. Applicant's Presentation Mark Knox, Applicant's Representative/Mr. Knox stated this has been a very complex project, it has taken a long time to get to this point, and they do not agree with some of the staff recommendations. He stated they have already compromised significantly and they do not believe a matrix or standard measurement works in their situation. Mr. Knox commented on the gymnasium sign proposed for the high school and stated the sign is a reasonable scale and works well with the architecture of the building. Regarding the theater sign, he pointed out that they had originally proposed a 120 sq.ft. sign and have cut that in half in order to compromise. He added the reader board area was left large so that the letters could be seen and stressed that the theater is not a commercial enterprise and the intent was to have a sign that would convey show times and performance dates. Mr. Knox spoke to the Helman Elementary school sign and stated they have issues with the standardized size recommended by staff. He clarified staff has proposed 30 sq.ft. and they would like a 35 sq.ft. sign so that the changeable copy area can be readable. Mr. Knox commented on the issue raised regarding the high school's reader board sign on Siskiyou Blvd. and.clarified the sign will be relocated and have a perpendicular orientation so that it is visible from both directions. In terms of the Lincoln business sign, he stated they felt it was important to have a small sign that would identify what businesses are located in the building and stressed the sign is not for commercial advertizing. Mr. Knox concluded his testimony and. summarized their major disagreements with staff are regarding the theater sign for the high school and the size of the Helman Elementary school sign. Julie DiChiro, Ashland School District Superintendent/Ms. DiChiro stated as a public agency they are allowed signage that will further their public purpose and commented on the school district's obligation and responsibility to communicate with the public about what is going on that schools, particularly when there are events that they might want to attend. She stated their intent is to do this in a way that is safe and attractive. Ms. DiChiro explained that theatre is a very important event in this community and they feel it is important for the high school theater to have a way to announce what is going on there. She stated this is a public school and it is not appropriate for the City to apply residential or commercial standards to them. Questions of the Applicant Ms. DiChiro commented on the elementary school signs and explained when something is visible from the street they want the sign to be safe and do not want people to have to slow down and squint in order to read it. Ms. DiChiro was asked to comment on whether they considered a sign on Siskiyou Blvd. that would display information about the theater productions, rather than placing it on North Mountain Ave. where there tends to be more congestion. Ms. DiChiro responded that many parents spend a lot of time waiting to get through the stop sign at Iowa and North Mountain and would have plenty of time to observe the sign and find out what is going on, whereas the general public may prefer to see this information displayed along Siskiyou Blvd. For these reasons they feel it is appropriate to have both signs. Ms. DiChiro was asked to comment on whether a ground sign was considered for North Mountain Ave. She responded that they considered all of Ashland Planning Commission October 9, 2012 Page 3 of 7 their options, but because the area where a ground sign would be located is also the bus drop off, there was concern that a ground sign would obscure the bus drivers' view and make it difficult to see students. Public Testimony Blaine Pickett/327 Morton/Noted his involvement with the Helman PTA and voiced his support for the school district's proposal. Mr. Pickett stated a reader board at Helman Elementary would make their job of communicating with parents much more efficient and would allow them to post activities and informational items that often get missed by the parents. Michelle Zundel/201 South Mountain/Stated she is the principal at Ashland High School and has witnessed parents getting lost and witnesses the same thing when community members and parents from other schools come to their facilities. Ms. Zundel noted their various efforts to communicate with parents and explained there are still things that get missed by families. She stated the signage would help them communicate with families and the public, and would also celebrate the excellence and extraordinary performances of the students. Dominique Sukles/694 ChestnuWoiced support for the school district's proposal and stated the signage would give them access to parents who don't read the emails or the papers that are sent home. Ms. Sukles stated it is important to provide this information to parents and the community and the proposed signage could result in less paper being wasted. She stated people do get lost at the schools facilities and appreciates the simple and clean design of the signs being proposed. Glenna Stihls/7256 Street/Stated she is the principal at Helman Elementary, is a parent, and is also on the PTA. Ms. Stihls stated the signs would be a wonderful communication tool and would allow them to present themselves and activities in a professional manner. She thanked the Commission for their serious consideration on this item so that they can communicate what is needed to the parents and public. Applicant's Rebuttal Mr. Knox noted the amount of effort that has been put into this process. Ms. DiChiro agreed and stated they are very anxious to finalize this project. Mr. Knox was asked to clarify their request for the size of the Helman Elementary school sign. Mr. Knox answered they are proposing a 35 sq.ft. sign with 16 sq.ft. of changeable copy area. Commissioner Mindlin closed the record and the public hearing at 8:30 p.m. Questions of Staff Commissioner Dawkins questioned if they should adopt a uniform sized sign for all of the elementary schools. Mr. Molnar stated this is up to the Commission and noted staffs proposed size and the applicant's proposed size are very close. He added staff does not have any concems with approving a 35 sq.ft. sign for all of the elementary school locations. Mr. Molnar remarked that the remaining issue is now the marquee sign for the theater and clarified staffs primary concern was not regarding size, but rather the character of the sign, and whether it would be more appropriate to install a ground sign. Deliberations and Decision The commissioners shared their general comments on the application before them. Commissioner Dawkins suggested they allow a slightly larger sign for the elementary schools (35 sq.ft). He stated he still has concerns regarding the reader board sign facing Siskiyou Blvd. and also recommended a ground sign for the theater on North Mountain Ave. Commissioner Marsh voiced her support for the school district's request and stated informational signs are extremely useful. In terms of the theater, she stated the sign needs to be large enough to be seen from the street and the North Mountain frontage is too crowded with obstacles for a ground sign to be seen. Commissioner Heesacker voiced concern with the businesses located in the schools being included on the school's sign and stated those businesses should have to follow the City's sign ordinance. Heesacker voiced his support for the other elements in the application and stated people need to know where to go and what is happening at the school. He commented that the school district serves the whole community and recommended the Commission approve their request. Commissioner Brown agreed that businesses should not be included in this application and stated they do not promote the schools purpose. He stated he is comfortable with the theater sign and does not have a problem with the size due Ashland Planning Commission - October 9, 2012 Page 4 of 7 to the frontagethey are putting it on, and added it would not make sense to put it on the ground. Commissioner Kaplan voiced concern with the design of the theater sign and stated it does not seem consistent with the other signage that is proposed. In terms of the businesses located in the elementary schools, he stated it is important for the community to know which organizations are using those buildings. Commissioner Dawkins clarified his concern with the theater sign is more of an aesthetic issue, however he is supportive of the application and would not deny the proposal because of that sign. Commissioners Marsh/Kaplan mils to approve the conditional use permit with the following modifications to the staff recommendations: 1) increase the size of the elementary school signs to 35 sq.ft with 18 sq.ft of changeable copy space and 2) approve the sign proposed for the Mountain Avenue Theater. DISCUSSION: Commissioner Marsh stated the conditional use criteria looks at the location and size of the signs and does not believe they should be passing judgment on the style of the signs. Ms. Gunter clarified an additional condition will be added that states "All signs shall be located outside of the vision clearance triangle for driveway intersections with streets" and no objections were voiced to this. Commissioner Miller stated she will support the motion but would have preferred a classier sign for the theater. Commissioner Mindlin recommended it be made clear that Condition #11 is not referencing the school district's sign catalogue, but rather is referencing our standards. Roll Call Vote: Commissioner Marsh, Kaplan, Brown, Dawkins, Heesacker, Miller and Mindlin, YES. Motion passed 7-0. DISCUSSION ITEMS A. Planning Commission Recommendation on Unified Policies and Procedures for City Commissions and Committees. Community Development Director Bill Molnar noted the request for feedback from the City Attorney and City Recorder in regards to the definition of a quorum, how to define an excused absence, and whether commissioners should be allowed to participate via telephone. Mr. Molnar noted the Commission had previously recommended an 80% annual attendance rate and asked if this was still their preference. He added the Commission had also previously commented that only regular and study session meetings should be counted for the attendance record. The Commission held general conversation on the three items. There was general consensus for a flat percentage to be set for the annual attendance rate. In terms of participation by phone, there was not much support expressed for this at the Planning Commission level, however it was indicated that it may be appropriate for the Council to entertain this idea. Lastly, there were conflicting opinions on the quorum question, however the general consensus was that the current definition has worked well for the Planning Commission as long as reappointments are made in a timely manner. 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. Ashland Planning Commission October 9, 2012 Page 5 of 7 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. Deliberations and Decision Commissioner MarshlHeesacker m/s 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 stated 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 zip codes within the City of Ashland, those who are living in group housing, and clearly indicate that students are considered a population that have housing needs within the City of Ashland. 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 6 of 7 OTHER BUSINESS Commissioner Marsh asked for those willing to serve as volunteers at the TSP public forum to see her after the meeting and sign up for specific stations. ADJOURNMENT Meeting adjourned at 10:05 p.m. Ashland Planning Commission October 9, 2012 Page 7 of 7 CITY OF ASHLAND Council Communication November 20, 2012, Business Meeting Public Contract for Utility Wood Pole Inspections & Remedial Treatment FROM Mark Holden, Electric Utility & IT Director, mark.holden@ashland.or.us Warren DiNapoli, Electric Superintendent, warren.dinapoli@ashland.or.us SUMMARY The Electric Utility Department is intending to award a contract to Osmose Utilities, Inc. for Utility Wood Pole Inspections and Remedial Treatment. The City currently owns approximately 2,600 utility wood poles within City limits, and the Oregon Public Utility Commission requires the pole owner (City) to inspect 1/101" of their electrical system per year. The contracted services will include utility wood pole field inspections, subsequent and remedial treatment of wood poles, pole marking and data collections. The term for these contracted services will be five years. BACKGROUND AND POLICY IMPLICATIONS: The sourcing method for this procurement is a Competitive Sealed Proposal (Request for Proposal). The City mailed the RFP to 12 interested proposers and received three (3) proposals in response to the City's REP. The proposals were evaluated and scored by a three-person evaluation committee in accordance with the evaluation process and criteria outlined in the RFP. Upon the completion of the evaluation process, Osmose Utilities Services, Inc. was declared the highest ranked proposer. Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for utility wood pole inspection and subsequent and remedial treatment that may be required. The estimate per fiscal year is $20,000.00. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract be awarded to Osmose Utilities Services, Inc. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Osmose Utilities Services, Inc. ATTACHMENTS: RFP - Evaluation Summary Page 1 of 1 City of Ashland REQUEST FOR PROPOSAL UTILITY WOOD POLE INSPECTIONS & REMEDIAL TREATMENT Proposal Evaluation Summary November 13, 2012 A DEN SYSTEMS INC. OSMO7AWARDED UALITY RESRUKNiSERVIC«ES FINAL FINAL #1 #2 #3 POINTS #1 #2 #1 #2 #3 POINTS AWARDED AWARDED 1 Title Page, Table of Contents, and Proposal 5 5 5 5 5 5 5 4 5 5 3 4 4 Form (Exhibit B) , Organization Statement of Qualifications-and Relevant 2 20 10 20 9 10 20 20 15 17 15 15 15 15 Experience 3 Technical Approach and Safety Policies 40 20 35 25 25 40 35 36 37 20 30 25 25 4 Operational Scheduling and Capacity 5 5 5 3 4 5 5 4 4 5 5 5 5 5 References 5 5 5 3 4 5 5 5 5 5 5 5 5 6 Contract Terms and Conditions 5 5 5 5 5 5 5 5 4 5 5 5 5 7 Fee Schedules 20 15 IS 20 15 18 20 20 19 19 10 18 17 TOTAL OIiN S 100 6s RFP - Utility Wood Pole Inspections and Remedial Treatment EVALUATION SUMMARY, 11/14/2012, Page 1 of I CITY OF ASHLAND Council Communication November 20, 2012, Business Meeting Resolution Authorizing Military Flyovers for Memorial Day and Independence Day Ceremonies FROM: Dave Kanner, City Administrator, dave.kanner@ashland.or.us SUMMARY This resolution allows the City to approve requests to the Depart ment of Defense, duly submitted by the American Legion and Veterans of Foreign Wars or the Ashland Chamber of Commerce, for military flyovers in conjunction with Memorial Day and Independence Day ceremonies in the City of Ashland. BACKGROUND AND POLICY IMPLICATIONS: The City Administrator was approached last March by a local citizen, Brad Fish, with a request to sign a U.S. Department of Defense form stating that the city would "sponsor" a Memorial Day flyover by fighter jets by the Air Force base in Klamath Falls. The City has no policy about this, only a standing practice to approve flyovers on Independence Day and to deny all other requests. Another local citizen, Jo French, subsequently approached individual Councilors with his request that the City allow additional flyovers and Councilor Slattery requested that this be added to a study session agenda for further discussion. During the November 5, 2012 study session, Council discussed the policy for flyovers and determined that additional flyovers should be allowed for Memorial Day ceremonies. For the sake of clarity and to continue current practice, staff also added Independence Day to the list of military flyover dates approved by the resolution. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to approve the resolution titled, "A resolution approving military flyovers for Memorial Day and Independence Day ceremonies." ATTACHMENTS: Resolution Page 1 of I ~r, RESOLUTION NO. 2012- A RESOLUTION APPROVING MILITARY FLYOVERS FOR MEMORIAL DAY AND INDEPENDENCE DAY CEREMONIES. RECITALS: A. They City of Ashland has historically approved military flyovers to occur on Independence Day, in conjunction with the annual parade. B. The City of Ashland has historically approved the use of Ashland Cemetery for annual Memorial Day ceremonies honoring deceased veterans. C. It is the desire of the City of Ashland to acknowledge the sacrifices of the men and women of our armed forces in a traditional manner revered by all services. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City shall approve requests to the Department of Defense, duly submitted by the American Legion and Veterans of Foreign Wars or the Ashland Chamber of Commerce, for military flyovers in conjunction with Memorial Day and Independence Day ceremonies in the City of Ashland. 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.Attomey Resolution No. 2012- Page 1 of I CITY OF ASHLAND Council Communication November 20, 2012, Business Meeting. Public Hearing for Adopting a Supplemental Budget and a Resolution Creating Appropriations within the FY 2012-13 Budget FROM: Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us SUMMARY Staff has identified the need for a supplemental budget in the General, Airport, Debt Service, Central Service and Equipment funds relating to unanticipated revenue in the way of grants, prepayments on debt and interfund loans that provide additional money and spending authority to pay for building improvements. To meet federal requirements around the runway and to retire early the debt on the parking structure. The proposed resolution summarizes the budget changes in each fund including a short description of the need. A memorandum is attached from the requesting departments. Council action is compliant with Oregon Budget Law. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution identifies and authorizes increased appropriations (Item #3 above) in the following funds: A. General Fund - Police Department: Recognizes forfeiture monies received and to be used for the Police station remodel. $227,163 B. General Fund - Police Department: Recognizes federal grant money to be paid to Ashland to participate in the Southern Oregon High Tech Task Force. $46,800 C. Airport Fund - Public Works, Materials & Services: Recognizes a loan from the Equipment Fund to provide appropriations to trim trees around the runway as required by the Federal Aviation Administration. $19,000 D. Debt Service Fund - Recognizes a prepayment from Oregon Shakespeare Festival to pay off the state loan to construct the parking structure. $280,397 Page I of 2 CITY OF ASHLAND E. Debt Service Fund - Recognizes an interfund loan from the Central Service Fund, ending fund balance, to pay off the city's portion of the state loan used to construct the Hargadine parking structure. $364,795 F. Central Service Fund - Ending Fund Balance: Provides appropriations through a loan to accomplish item D. $364,795 G. Equipment Fund - Public Works, Purchasing: Recognizes grant monies for firefighter equipment that are budgeted and replaced in this fund. The match will come from money paid into the sinking fund by the Fire Department. $113,616 H. Equipment Fund - Interfund Loan: Provides appropriations through a loan to fund tree trimming at the airport. $19,000 TOTAL APPROPRIATIONS FROM SUPPLEMENTAL $1,435,566 (across five separate funds) This is the FIRST supplemental budget request for FY 2012-13. FISCAL IMPLICATIONS: Supplemental Budgets are an accepted means to adjust the budget recognizing the need for additional appropriations. In most cases the primary cause for a supplemental budget is unanticipated revenue that is beneficial to spend in the current year. Sometimes an internal loan is needed to create appropriations to achieve an unanticipated benefit or to provide cash for unforeseen shortfalls. Council action will increase the total budget as indicated by the resolution. Doing so is within the limitations of Oregon Budget Law and provides compliance when meeting the identified needs. The difference between the state quote to pay off the Hargadine loan and the supplemental budget is the $67,620 originally budgeted for payment in FY 2012-2013. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move to adopt a resolution titled "A Resolution Adopting a Supplemental Budget Establishing Appropriations within the 2012-2013 Budget" as presented. ATTACHMENTS: Proposed Resolution 2012- Adopting a Supplemental Budget Supplemental Budget Request Memos - Police, Public Works, Fire and Administrative Services Payoff request letter from Oregon Shakespeare Services (if received in time) Infrastructure finance Authority (State) Payoff Statement dated 12/1/2012 Legal Notice of a Supplemental Budget Page 2 of 2 RESOLUTION NO. 2012- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING APPROPRIATIONS WITHIN THE 2012-2013 BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Police Department $273,963 273 963 Resource: Intergovernmental Revenues $273,963 ~ 2 3 To appropriate asset forfeiture moneys received of $227,163 for the remodel of the Police station. To appropriate for staff time to participate in the Southern Oregon High Tech Task Force funded by $46,800 in payments from a federal grant. Airport Fund Appropriation: Public Works - Material and Services $15,000 I S 000 Resource: Interfund loan (revenue) $15,000 15 000 To appropriate for tree trimming at the airport, as required by the Federal Aviation Administration. This is an interfund loan, as the airport fund currently does not have sufficient Page 1 of 3 appropriations for this requirement in addition to planned expenditures. This is an operational loand that is intended to be repaid in FY 2013-2014. The interfund loan will be calculated monthly using the Local Government Investment Pool Monthly rate or a 2% annualized rate, whichever is greater. Debt Service Fund Appropriation: Debt Service $645,192 45 1 2 Resource: Interfund loan (revenue) $280,397 Intergovernmental revenue $364,795 645 1 2 To appropriate for the prepayment by Oregon Shakespeare Festival to pay off their portion of the state loan for the Hargadine parking structure coordinated with an interfund loan from the Central Service Fund to pay off the City's portion of the same loan. This pay off will provide savings on the scheduled $301,476 in interest-to be paid over the remaining 14 year life of the loan. This is a capital financing loan and repayment will be a minimum of 10% each year. plus interest. The interest will be calculated monthly using the Local Government Investment Pool monthly rate or a 2% annualized rate, whichever is greater. Repayment of the interfund loan will be from parking structure revenues. Central Service Fund Appropriation: Interfund Loan (expense) $364,795 3475 Resource: Ending fund balance $364,795 3 4 5 To recognize an increased ending fund balance and appropriate a loan to the Debt Service Fund to coordinate the pay off of the state loan on the Hargadine parking structure along with the prepayment by Oregon Shakespeare Festival of their portion to save on the 5.58% interest being charged. This pay off will provide savings in interest to be paid over the remaining 14 year life of the loan. This is a capital financing loan and repayment will be a minimum of 10% each year plus interest. The interest will be calculated monthly using the Local Government Investment Pool monthly rate or a 2% annualized rate, whichever is greater. Repayment of the interfund loan will be from parking structure revenues. Equipment Fund Appropriation: Public Works-Purchasing $1.13,616 Interfund Loan (expense) $15,000 128 616 Resource: Intergovernmental Revenues $113,616 Contingency $15,000 128 61 Page 2 of 3 To appropriate $113,616 for the 2012 FEMA assistance for firefighters grant and $15,000 as an interfund loan to the Airport Fund. The interfund loan will be calculated monthly using the Local Government Investment Pool Monthly rate or a 2% annualized rate, whichever is greater. TOTAL ALL FUNDS 1 42 1 427 566 SECTION 2. All other provisions of the adopted 2012-2013 BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this day of November, 2012, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of November, 2012: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 3 of 3 Memo DATE: October 11, 2012 TO: Dave Kanner, City Administrator FROM: Terry Holderness, Police Chief RE: Supplemental Budget for Asset Forfeiture Funds Since 2000 the Ashland Police Department has participated in a regional drug task force that handles drug investigations in and around the city. As a member of that task force the Police Department is entitled to a percentage of assets seized by the task force from drug dealers in accordance with federal law. The US Treasury Department has written guidelines on how asset forfeiture money and interest on that money may be spent. Under those guidelines that money shall be used "for only law enforcement purposes." The guidelines then list specific permissible uses that include training, investigative resources, facilities, equipment and law enforcement operations. The money can never be used to supplant local funds and always has to be used as additional funds for the agency receiving the money. Federal regulations also require that asset forfeiture funds "Shared monies normally should be expended for their designated use or other permissible law enforcement purpose as they are received. Shared monies may be retained in a holding account for up to three years to satisfy future needs or retained longer for major long-term expenditures such as capital improvements. The Police department has not budgeted asset forfeiture funds since August of 2010. Since that time all forfeiture funds have been held for use in upgrading and expanding the existing police facility. When the contract for the remodel and expansion of the police facility was signed in August of 2012 the department had approximately $227,000 in the forfeiture account. I am requesting that the $227,000 in the forfeiture account be added to the FY 2012/2013 budget to partially cover the cost of the expansion and remodel of the existing police facility which should be completed during this budget year. 1 Memo DATE: October 11, 2012 TO: Dave Kanner, City Administrator Lee Tuneberg, Director of Administrate Services and Finance FROM: Terry Holderness, Police Chief RE: Supplemental Budget for Federal Grant The Police Department has accepted an offer from the Central Point Police Department to rejoin the Southern Oregon High Tech Task Force using a $46,800 grant from the federal government. The police department will send an officer to work at the task force a minimum of two days a week between December of this year and the end of the grant on September 30`h of 2013. Starting in March that officer will spend the other two days of his work week working as a second CAP officer in the downtown. The $46,800 will be used to fund one additional officer overtime shift each week and overtime as needed to cover for vacation and training when one of the CAP officers are not available. This should allow us seven day coverage by a dedicated officer in the downtown. We will also use that money to increase the patrol hours of the civilian park patrol in the downtown. The Central Point Police Department is the actual recipient of the grant and will be responsible for all grant reporting. All they require from us is an invoice in the amount of $46,800 to.partially cover the cost of salary and benefits for the officer assigned to the Task Force. Central Point has additional money from the federal government to fund a vehicle and overtime related to the officer working with the Task Force. - 1 CITY OF Memo ASHLAND Dater November 7, 2012 From: Scott A. Fleury To: Lee Tuneberg Re: Approach Slope Tree Trimming Appropriation The Federal Aviation Administration (FAA) recently performed an onsite inspection of the City's airport facilities. The FAA determined that trees are encroaching into the 20:1 approach slope. The FAA has recommended the trees be topped as soon as possible as they represent a safety hazard to pilots landing at the airport. In order to facilitate this project, the airport fund needs to borrow the money necessary "from the facilities fund and pay back the loan through an appropriation from next year's budget. The Airport fund will need $19,000 to cover project costs associated with the tree trimming. Thanks Scott A.Fleury Engineering Services Manager City of Ashland Public Works ENGINEERING DIVISION Tel: 541148&5347 20 E. Main Street Fax: 541/488ao5 Fes, Ashland OR 97520 TTY: 8001735-2900 mw.ashland.or.us G:Ipuh-wrks1eng112-18 Airport Approach Slope Tree TdmmingVLAdminVlnance Memo-Intedund Loan 11-7-12.doc CITY OF -ASHLAND Memo DATE: September 26, 2012 TO: Lee Tuneberg Cindy Hanks FROM: John Karns RE: Budget Supplement Request I would like to request that the funds from the 2012 FEMA Assistance for Firefighters grant allocated to SCBA purchases be moved to the current fiscal year. The vendor was unable to provide the equipment during last fiscal year when the order was placed. The equipment arrived in FY 2012/2013. CITY OF ASHLAND Memo DATE: November 9, 2012 TO: Dave Kanner, City Administrator FROM: Lee Tuneberg, Finance Director DEPT: Administrative Services SUBJECT: Early payoff of state loan on the Hargadine parking structure The Hargadine parking structure was built in 2001 with a pass through special public works fund loan from Oregon's Economic & Community Development Department with a 25 year life. The total amount loaned was $900,000 and $645,192.45 is the outstanding balance after the December 1, 2012 annual payment that is budgeted. The loan has an interest rate of 5.58%. City and Oregon Shakespeare Festival (OSF) agreed that $390,000 of the loan plus related interest is OSF's responsibility and the City will pay the rest. OSF writes a check to the City each November and Ashland pays for its share through parking receipts collected by Diamond. OSF contacted the City to pay off their portion early. The City should also consider paying off the debt to save in interest costs. Combined, the agencies doing this on December 1 will save $301,476 in future interest payments over the remaining 14 years. The city does not have the appropriations to retire any portion of the debt early thus a supplemental budget is needed - even if only one party wants to move ahead. The finance department is requesting a supplemental budget to create adequate appropriations to retire all of the debt. None of it will be retired early if OSF and Council change their minds but a portion can be retired if either wants to move ahead alone. In order for the City to pay off its share an interfund'loan is necessary. Since this is repayment of capital financing on infrastructure this loan is considered a capital loan and can be amortized over ten years. The Central Service Fund ended fiscal year 2012 with more cash carry over than projected due to unfilled positions, other expenditures not happening and some revenue streams exceeding projections. Staff is recommending a loan from the Central Service Fund to the Debt Service Fund to pay off the debt. Instead of continuing to pay the state for the debt service, the parking revenues can go to repay the interfund loan. Repayment can happen as fast as revenues allow but the requirement is to have the loan paid off, with interest, within ten years. The City's practice on interfund loans is pay interest calculated at 2% or the rate received in the local government investment pool, whichever is greater, and that is staff s recommendation. ADMINISTRATIVE SERVICES DEPARTMENT D. I. Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us . eua~g v1 Infrastructure Finance Authority October 15, 2012 Lee Tuneberg City of Ashland 20 E Main Street Ashland, OR .97520-1849 Loan #:L010121122-01-01 City of Ashland 20 E. Main Street PAYOFF STATEMENT FOR 12/1/2012 Payment of the following amounts will satisfy all obligations of this loan if received by the close of business on the date indicated above but you must arrange to pay all costs necessary to record any required satisfaction pieces. Net Accrued Interest: $37,672.74 Loan Balance: $675,138.77 Pay This Amount: $712,811.51 If payment is received by OBDD after that date, include an additional $98.63 for each extra day. Please make checks payable to: "OBDD". Send your check to: Oregon Business Development Department Infrastructure Finance Authority 775 Summer Street NE, Ste 200 Salem OR 97301-1280 If you have any questions about this matter, please do not hesitate to call us at (503) 986-0022. Public Notice of Supplemental Budget A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of Oregon, for the fiscal year July 1, 2012 to June 30, 2013, will be considered at the Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on November 20, 2012, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained on or after November 16, 2012, at the Administrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m. A summary of the supplemental budget is presented below. General Fund Resources Requirements Intergovernmental Revenues $ 273,963 $ 273,963 Police Department $ 273,963 $ 273,963 To recognize in FY 2012-13 in intergovernmental revenue of $227,163 asset forfeitures received and $46,800 in Southern Oregon High Tech Task Force funds, create appropriations for their use on police station improvements and reimbursing staff time. Airport Fund Resources Requirements Interfund Loan $ 19,000 $ 19,000 Public Works - Materials & Servcies $ 19,000 $ 19,000 To recognize an Interfund Loan of $19,000 to the Airport Fund from the Equipment Fund to create appropriations to trim trees around the runway as required by the Federal Aviation Administration. This is an operational loan of $19,000 that is intended to be repaid with interest by the end of FY 2013-2014. The interest shall be calculated monthly using the Local Government Investment Pool monthly rate or a 2% annualized rate, whichever is greater. Debt Service Fund Resources Requirements Intergovernmental Revenues $ 280,397 Interfund Loan $ 364,795 $ 645,192 Debt Service $ 645,192 $ 645,192 To appropriate for the prepayment by Oregon Shakespeare Festival to pay off their portion of the state loan for the Hargadine parking structure and to recognize ran Interfund Loan of $364,795 from the Central Service Fund to pay off the city's portion, saving $301,476 in future interest expense. This is a capital financing loan that is intended to be repaid within 10 years. The interest shall be calculated monthly using the Local Government Investment Pool monthly rate or a 2% annualized rate, whichever is greater. Central Servcie Fund Resources Requirements Ending Fund Balance $ 364,795 $ 364,795 Interfund Loan $ 364,795 $ 364,795 To recognize an Interfund Loan of $364,795 from the Central Service Fund to the Debt Service Fund to create appropriations in that fund to pay off the city's portion of the Hargadine parking structure. This is a capital financing loan that is intended to be repaid with interest within ten years. The interest shall be calculated monthly using the Local Government Investment Pool monthly rate or a 2% annualized rate, whichever is greater. Equipment Fund Resources Requirements Intergovernmental Revenues $ 113,616 Contingency $ 19,000 $ 132,616 Public Works - Purchasing $ 113,616 Interfund Loan $ 19,000 $ 132,616 To recognize an Interfund Loan of $19,000 from the Equipment Fund to the Airport Fund to create appropriations in that fund to meet federal requirements. This is an operational loan that is intended to be repaid with interest by the end of FY 2013-14. The interest shall be calculated monthly using the Local Government Investment Pool monthly rate or a 2% annualized rate, whichever is greater. TOTAL ALL FUNDS Resources Requirements $ 1,435,566 $ 1,435,566 CITY OF ASHLAND Council Communication November 20, 2012, Business Meeting Public Hearing to Consider Raising Electric Rates FROM: Lee Tuneberg, Finance Director, Administrative Services Department, tunerberl@ashland.or.us SUMMARY This is a public hearing to consider a resolution to increase the electric rates. The rates were last changed in November 2011. Operational costs have increased while wholesale power and delivery charges have remained unchanged. Bonneville Power Administration (BPA) has decided to not do the anticipated cost recovery adjustment clause (CRAC) increase so the city-proposed rate change may be less than what was expected just a few months ago. In addition, staff believes it prudent to begin the process to have a rate study done to ensure Ashland power rates generate sufficient revenue to meet operational needs in the future and are appropriate across customer classes. BACKGROUND AND POLICY IMPLICATIONS: Rate Considerations A year ago staff presented options to Council that were designed to consider rates over three years to meet cash flow needs. Staff recommended adjustments over three years that were 4%, 2.6% and 2.6%. The following table reflects the PRIOR YEAR options that were considered. The 4% was accepted. Prior Year Options for a Rate Adjustment FY 2011- FY 2012- FY 2013- Impact of 3 year Options 2012 2013 2014 Sum compounding 1 1.0% 6.78% 6.78% 14.56% 15.16% 2 2.0% 5.05% 5.05% 12.10% 12.46% 3 3.0% 3.63% 3.63% 10.26% 10.61% 4: 4.0% 2.62% 2.62% 9.24% 9.52% 5 5.0% 0.83% 0.83% 6.66% 6.76% 6 6.0% 0.00% 0.00% 6.00% 6.00% Using only the information that we had last year, this year we should be considering a 2.6% increase as a minimum. With increased internal costs like AFN debt service, filling staff positions, fuel fluctuations and an increased need to do cash-funded internal projects, the overall projected need is Page I of 7 CITY OF ASHLAND 5.3% to break even. (See the schedule below.) Doing less than the percentage needed to break even has the tendency to push off the impact. The danger in doing this is that other conditions may occur which, combined with deferred rate increases, could result in a significant impact on rates for this service ...the largest portion of the utility bill. In FY 2012 the Electric Fund nearly broke even (only a $58,195 shortfall for a $13 million year) due to increased direct and indirect costs offset by better electric sales and a one-time refund of $344,280 from BPA. Without the refund the fund would have had a $400,000 loss for the year. Although the fund can probably manage such a shortfall again in FY 2013 the disconnect will remain if changes are not made and BPA costs will increase next October, requiring significant "catch up" if an adjustment is not done now. However, Council and staff have to weigh the need of all the utility systems with affordability and the timing of the other rate increases: Finally, the Electric Fund needs a review of rates to ensure: 1) Costs are covered going into the future, and 2) The rates for the different customer classes are appropriate. A study by a consultant is recommended and the proposed adjustment herein is meant to be a short- term, across the boards increase awaiting the outcome of the study. Staff believes a study could be complete by spring 2013. FISCAL IMPLICATIONS: As a reminder, rates and fees for enterprises should be reviewed and considered for adjustment each year. Prior Councils have admonished staff for proposing infrequent, larger increases instead of frequent smaller adjustments. Staff has attempted to conform to this direction. A summary of Actual, Budgeted and Projected rate adjustments for the Electric Fund is: 2008 Rate Adjustments in FY iii 2010 t FY 2011-2012 2013 2014 2015 Actual, Proposed & Projected Actual Actual Actual Actual Budgeted Actual Proposed Projected Projected Electric Rate Increase 8.7% 0.0% 4.0% 0.0% 6.0% 4.0% 5.0% 3.5% 3.5% 2008 electric rate increase was offset by the BPA surcharge elimination for a net zero impact. The increase requested in FY 2011 was not approved but the 4% in FY 2010 and FY 2012 both coincided with changes in the contract with BPA. Ashland is in a mid-contract rate period this fiscal year so increases in wholesale power and transmission costs are not the drivers for an adjustment. However, a cost recovery adjustment clause of the contract (a BPA tool to ensure debt coverage) was anticipated for FY 2012-13 and, due to sufficient rains and other wholesale power market conditions, it did not materialize. With no significant increases from BPA the budgeted adjustments based upon increases is not a good indicator of how FY 2012-13 will end. For example, the budget included a 5% rate increase in October to partially address the anticipated CRAC. Even with that adjustment included the forecast Page 2 of 7 CITY OF _ ASHLAND was a 7.5% disconnect between revenue and expenses indicating more revenue, or cuts in operations, were needed to break even. Adjusting revenues and expenses for the aforementioned changes in costs, omitting the impact of unspent Contingency, and trending costs more consistent with FY 2012 provides a scenario Ashland's rates need to address. The following table indicates a 5.3 increase is necessary to balance revenues and expenses. 2010 2011 2012 2013 Operating Revenue: Actual Actual Actual Estimated Charges for Services $11,867,837 $12,079,049 $12,261,585 r• rrr _ 00 Charges held constant Fees 276,442 _ 159,667 _ 266,394 _ 210,000 _ 210,000 using current rates. Operating Revenue 12,144,279 12,238,716 12,527,979 13,319,040 12,594,200 Operating Expenses Power Costs _ Supply (4,873,111) (5,212,557) (5,578,027) rrr _ 80,000 Transmission (866,133) (814,013) _ (852,382) _ 000 Power Costs 1 (5,739,244)1 (6,026,570)1 I (6,430,409)1 _ rrr 1 [Gross Profit 11 6,405,035 1 1 6,212,146 6,097,570 1 396,267 6,159,200 Personal Services (1,872,383) (1,781,859) (2,096,234) r _ 000 Materials 8, Services (522,522) _ (551,359) _ (491,659) _ 0 _ 000 _ Operating Expenses 1 (2,394,905)[_[ (2,333,218)) 1 (2,587,893):r _ (2,890,000) Overhead {I Internal Charges (1,390,205)1 1 (1,390,205) (1,426,800) 800 _ 80 Technology Debt (252,300)1 1 (252,300) (541,300) rr rr Franchise tax (1,230,743) _ (1,227,662) _ (1,250,417) _ (1,300,000) _ err Overhead 1 (2,873,248)[_) (2,870,167)1 1 (3,218,517)rr _ rr [Operating Net Income 11 1,136,882 1 $1,008,761 [ 1 $291,160 [ $26,700 Non Operating Income (expenses) _ Intergovernmental - Grants $ 267,850 $187,436 $125,153 200 ,000 _ 190,000 Interest on Investments 11,320 10,818 11,957 15,000 _ 13,000 Miscellaneous Revenues 108,513 33,660 76,246 180,000 _ 100 ,000 BPA Payment 53,011 344,280 _ Conservation Loan Program 114,464 121,112 113,945 _ rrrr Conservation (714,891) j547,421) (526,709) :r _ rrr Capital Outlay (net of financing) (539,852) (367,968) (469,663) rrr _ rrr Debt Service - Conservation (25,107) _ 724,836)1_1 (24,564) (24,294) 1 (24,294)1 Net Non Operating (expenses) 1 (724,692)1_1 (587,199)[_ (349,355)1 _ (761,674) (681,294) _ Increase needed to Contingency 1 1 1 1 1 1 rrr _ covershortfall: Net Income (Loss) 1 $412,1901 1 $421,5621 1 ($58,195)1_ _ -5.3% r11r 2,070,401 r :r The primary items causing the deficit for FY 2012 and FY 2013 are the fund no longer experiencing significant savings from unfilled positions, increased internal charges and anticipated capital improvements and repairs that are cash funded. Page 3 of 7 OFF& CITY OF ASHLAND Please note: • Total power costs (wholesale purchases and transmission/delivery charges) equate to 50% of total rate revenue generated through sales. • The highlighted $344,280 refund from BPA is treated as revenue in FY 2012. Without that one-time payment the Electric Fund would have had a $400,000 shortfall for that year despite last fall's 4% increase. • The higher net income in FY 2010 is primarily due to unfilled positions and lower wholesale power costs. • The higher net income in FY 2011 is primarily due to unfilled positions and limited capital repairs and improvements done that year. . • No adjustment is proposed as a result of the Automated Meter Reading Opt Out program. It is too early to consider the implications relating to meter reading methodologies. The following chart demonstrates the difference between Operating Revenue and Operating Expenses. Excluded are miscellaneous revenue, capital expenditures and conservation revenues and expenses. $14,000,000 OPERATING REVENUE $12,000,000 ransmission xpense $10,000,000.- $8,000,000 PP $6,000,000 G s= $4,000,000 -EKSOnBI-$BrVIC05 t r Materials & Supplies $2,000,000 harges $0 Technologgy Deb 2009-10 2010-11 2011-12 The chart shows that total operating expense has increased 11.2% or $1.23 million from fiscal year 2009-10 to $12.24 million in 2011-12. During the same time revenue has increased 3.1% or $383,700. This trend will move the fund to an operating loss without a rate increase or other action. Reductions in expenses are only viable in the number of staff, internal charges or technology debt. Less staff will Page 4 of 7 CITY OF -ASHLAND compromise integrity of the system and our ability to meet program needs. Cuts in internal charges and debt will shift the costs to other funds and likely present problems there. Operating income helps pay for non-operating expenses. A good example is the Conservation Division program and incentives to help citizens use less electricity. This lowers sales. Doing so reduces purchased power and transmission costs over the long haul and helps to avoid buying very expensive Tier II power, a Council goal. Ashland has been successful at minimizing growth in kilowatt hour use per capita through conservation efforts. Non-operating revenues and expenses are presented in the following chart. These include miscellaneous revenue, cash funded capital expenditures and conservation revenues and expenses. Expenses historically exceed revenue so there is a significant need for sufficient operating revenue over operating expenses to pay for non operating shortfalls, thus keeping the fund financially viable. $1,400,000 $1,279,850 $1,200,000 $1,020,936 $1,000,000 4 , $800,000 $600,000 8i $555,158 X excludes $400,000 $344,280 refund rom BPA $353,026 x $200,000 $0 2009-10 2010-11 2011-12 -*-Nonoperating revenue -WNonoperating expenses & conservation The chart shows that FY 2011-12 had less of a shortfall due to the one-time refund from BPA for over- billing the city in the recent past. Without the refund the non-operating revenue would total only $327,301 or one third of operating expenses, which is consistent with prior years. Without sufficient operating income the city will need to cut capital improvements or repairs or the conservation program. Page 5 of 7 CITY OF ASHLAND Electric Bill Comparisons Residential comparisons are always of interest but may not be fair in that each utility system must charge what it needs for its particular operations and the only other power provider in the Rogue Valley is Pacific Power, an investor owned utility, not a municipality. But, information on this and the potential impact on a customer are: City of Ashland _ City of Ashland Residential-single family dwelling_ Pacific Power _ City of Ashland-current 76%increase _ SMA increase Average monthlyusage=75OKWH kwh Cost/unit Total kwh Cost/unit Total kwh Cost/unit Total kwh (Cost/unit Total Total Usage_ 750 750 750 750 I Basic Charge $ 9.00 $ 8.03 $ 8.24 $ 8.45 User Costperkwh 750 0.03736 28.02 500 0.05469 27.35 500 0.05612 28.06 500 0.05758 28.79 250 0.06727 16.82 250 0.06903 17.26 250 0.07083 17.71 Supply Service EnergylSt Blk 750 0.05316 39.87 Public Purpose 0.03 2.82 Energy Conservation Charge 750 0.0026 1.95 Low Income Assistance 0.85 Jc Boyle Dam Removal Surcharge 750 0.00033 0.25 Copco/Iron Gate Dam Rem. Surcharge 750 0.00101 036 BPA Columbia River Benefits 750 -0.00528 (3.96) Talent City Utility Tax/Users Tax 0.015 1.12 13.05 13.39 13.74 F$80 67 I 1 1 $ 65.24 ( $ 66.95 I $ 68,691 AmauntAShlandbill (less)/more than PocificPOwerbillJorsomekwh use: $(15.43) $113.72) $(11.98) Please note: 1. The average Ashland residential customer is billed for approximately 750 kWh per month at a cost of $65.24 (including user tax). The potential 2.6% increase would cost about $1.71 more per month. 2. The average impact of a 5.3% increase would be approximately $3.45 more per month. 3. A recent review of Pacific Power rates on a family of four using 750kWh showed the Ashland customer is paying $15.43 less for the same power in Ashland and would pay still pay $13.72 less per month after a 2.6% increase and $11.98 less after a 5.3% increase, including payment of the Electric User tax in each scenario. It is difficult to compare electricity use between commercial establishments. Such analysis is best done during a rate study and staff is considering when such work could be done. When doing total utility bill comparisons attention should be given to the fact that the city's utility bill is all inclusive (except for natural gas) whereas a utility bill for another government agency probably will exclude gas, electricity and even water. Finally, there are many variables that impact a customer's utility bill. Usage is key element of the amount charged and the City's Conservation and Customer Service divisions assist customers to minimize their use, saving money. The City's Senior and Disabled Discount programs help qualifying customers pay their monthly bills and the dollar amount of assistance rises with the cost of the bill in that these discounts are a percentage of the total amount charged by the City. So, an increase to rates increases the amount of assistance provided to each customer in the program. Also, the City's Low Income Energy Assistance program, HEAT donation program and social service grants buffer the Page 6 of 7 Mr, CITY OF ASHLAND impact of charges and increases. Most of the funding from these programs comes from fees and charges other Ashland customers pay through their applicable utility rates. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends a 5.3% increase effective January 1, 2013, to cover the estimated shortfall followed by a rate study by June 30, 2013. SUGGESTED MOTION: I move to approve the attached resolution raising electric rates % effective January 1, 2013. And/or I move to direct staff to issue a request for proposals to do an electric rate study. ATTACHMENTS: Resolution for Electric Rates with a 5.3% adjustment Rate tables Page 7 of 7 ~r, RESOLUTION NO. A RESOLUTION REVISING RATES FOR ELECTRIC SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.16.030 AND REPEALING RESOLUTION 2011-29 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The electric rate schedules are increased 5.3% for rates for electric service provided by the City of Ashland, effective with usage on or after January 1, 2013, as per the attached rate tables. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. Classification of the fee. The fees specified in Section 1 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2011-29 is repealed on the date new rates established by this Resolution are effective. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only, in accordance with Ashland Municipal Code §2.04.090, and duly PASSED and ADOPTED this day of November, 2012. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 City of Ashland, Oregon OUTDOOR AREA LIGHTING SERVICE Monthly Billing: The following rate schedule is no longer available for new residential installations and is for outdoor area lighting service furnished from dusk to dawn by City-owned high pressure sodium luminaries which may be served by secondary voltage circuits from City's existing overhead distribution system, and mounted on City-owned wood poles and served in accordance with City's specifications as to equipment and facilities, shall be as follows: (1) Net Monthly Rate Per Luminaire: -e o W-t ate _o_mma L_ rfen attn 0-6 0-_ 15-e 7f 0 J_a~ua, 2013 High-Pressure Sodium 5,800 $ 18.09 $ 19.04 High-Pressure Sodium 22,000 $ 26.10 $ 27.48 High-Pressure Sodium 50,000 $ 41.74 $ 43.95 Existing Residential Monthly Billing: e ai a o i a u e a Oc o r 20 a ua U High-Pressure Sodium 5,800 $ 13.92 $ 14.65 High-Pressure Sodium 22,000 $ 20.08 $ 21.14 High-Pressure Sodium 50,000 $ 32.11 $ 33.81 (2) Pole Charge: A monthly charge of $1.67 per pole shall be made for each additional pole required in excess of the luminaries installed. oeQ a e O o e Ol a s 20 Per Month $ 1.59 $ 1.67 Maintenance: Maintenance will be performed during regular working hours as soon as practicable after customer has notified City of service failure. The City reserves the right to contract for the installation and/or maintenance of lighting service provided hereunder. Suspension of Service: The customer may request temporary suspension of power for lighting by written notice. During such periods the monthly rate will be reduced by the City's estimated average monthly re-lamping and energy costs for the luminaire. Contract: Due to the investment involved and cost of initial installation, the term of the contract shall be by written agreement with the Electric Department, the form of which shall have prior approval by the City Council, and the term of which shall be for not less than three (3) years. G:\finance\Administration\Council Communications\November 12\Draft\112012 PH to Consider Raising Electric Rates\Elec-Sch 15 Lite Guard, 5.3% 11/14/2012 City of Ashland, Oregon GENERAL SERVICE -GOVERNMENTAL LARGE SERVICE Page 1 of 2 Applicable: This schedule is applicable to electric service loads which have registered a peak demand of 1,000 to 3,000 kilowatts more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements, or highly fluctuating loads, or where service is seasonally disconnected during any one-year period will be provided only by special contract for such service. Monthly Billing: The Monthly Billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus appropriate Metering and Delivery adjustments. Oc ober 01 a a 0 Basic Char e $ 2,198.72 $ 2,315.25 Demand Charge per kW $ 4.09660 $ 4.31370 -Energy Charge per kWh $ 0.04805 $ 0.05059 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum charge may be required by contract. On-Peak Period Billing Demand: The on peak period kilowatts shown by or computed from the readings of City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. Reactive Power Charge: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand for the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. Oc obe 011 a a 20 Per kvar $ 0.64480 $ 0.67890 Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by (1-1 1/2%) to compensate for losses. G:\finance\Administrabon\Council Communications\November 12\Draft\112012 PH to Consider Raising Electric Rates\Elec-Sch 50 Large govt Users, 5.3% 11/14/2012 City of Ashland, Oregon GENERAL SERVICE - GOVERNMENTAL LARGE SERVICE Page 2 of 2 Delivery: For as long as delivery voltage is at City's current locally available primary or transmission voltage the total of the above charges will be reduced by the following amount per kilowatt of load size used for the determination of the Basic Charge billed in the month; and where such deliveries are metered at the delivery voltage, the following high voltage charges shall be added. Octo e 0 a r 20 S cda ervice ~o tage fre _uction e e c ion p_@r Primary voltage of 11 kV or greater $ 0.15 $ 0.15 Transmission voltage of 60 kV or reate $ 0.26 $ 0.29 igh of age C- are Per o t Pe o Primary voltage of 11 kV or greater $ 36.40 $ 38.32 Transmission voltage of 60 kV or greater $ - 353.60 $ 372.34 When a new delivery, or an increase in capacity for an existing delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 cents per kilowatt of load size for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classifications thereof at any time and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. Installation and Maintenance: The City may contact for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council: Monthly charges made by the City shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of the Schedule shall be determined in accordance with the following: (1) Operating Charge shall be equal to 2/3 of 1 % per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 1/2% per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. (3) Transformer Capacity Charge - shall be equal 15 (cents) per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. City of Ashland, Oregon COMMERCIAL SERVICE Page 1 of 3 Applicable: This schedule is applicable to non-residential and multiple-family residential customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18- month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements or highly fluctuating loads, or where service is seasonally disconnected during any one year period will be provided only by special contract for such service. Monthly Billing: The monthly billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: ~Sn le P ase Octo e 0 a a 0 30 kW or less $ 14.36 $ 15.12 Over 30 kW $ 53.89 $ 56.74 ee-P ase er ee Oe o e -0 a s 0 30 kW or less $ 28.73 $ 30.25 Over 30 kW $ 93.40 $ 98.35 Note: Kilowatt load size, for determination of Basic Charge, shall be the average of the two greatest non-zero monthly demands established during the 12 month period which includes and ends with the current billing month. Demand Charge: No charge for the first 15 kW of demand. For all kW in excess of 15 kW De-Mm-Wand C. arse Oc o e 2111 a a 20 Per kW $ 3.43200 $ 3.61389 Energy Charge: •S, in le P se Oeto 0 an a 20 Per kWh up to 3,000 kWh $ 0.06503 $ 0.06847 Per kWh for the next 17,000 kWh $ 0.06523 $ 0.06868 _ Per kWh for all additional kWh $ 0.06555 $ 0.06902 e Oc o e ti 1 a s 0 MERCER Per kWh u to 3,000 kWh $ 0.05954 $ 0.06269 Per kWh for the next 17,000 kWh $ 0.05994 $ 0.06311 Per kWh for all additional kWh $ 0.06010 $ 0.06328 City of Ashland, Oregon COMMERCIAL SERVICE Page 2 of 3 Minimum Charge: The monthly charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. ;Reac~i,y_e Po a C are Oho er 0 1 a ua, -2 3 Per kvar $ 0.64480 $ 0.67897 Demand: Demand shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customers greatest use during the month, determined to the nearest kilowatt. Metering & Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1 1/2 to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage Charge of $38.32 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. City of Ashland, Oregon COMMERCIAL SERVICE - - Page 3 of 3 Installation and Maintenance: The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursements for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this schedule shall be determined in accordance with the following: (1) Operating Charge shall be equal to 2/3 of 1% per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 1/2 % per month of the installed cost of facilities paid for by the customer. (3) Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charge. City of Ashland, Oregon TELECOMMUNICATIONS CHARGE Applicable: This schedule is applicable to unmetered service provided to Telecommunication companies for electric service for their node power supplies and other active devices requiring electric service attached to City of Ashland owned utility poles. Monthly Billing: The monthly billing will be the sum of the base amount multiplied by the number of power supplies the customer is requiring and the energy charge based on the average amount of kWh used in accordance with the Commercial Service schedule below. Basic Charge: Oct4be. 20111 Janua., q13 Char a per Power Su I $ 14.36 $ 15.12 Energy Charge: Qctg er 0~1i1 Janua, 0~1R Per kWh u to 3,000 kWh $ 0.06503 $ 0.06847 Per kWh for the next 17,000 kWh $ 0.06523 $ 0.06868 Per kWh for all additional kWh $ 0.06555 $ 0.06902 G:\fnance\Administration\Council CommunicalionsWovember 12\DraH\112012 PH to Consider Raising Electric Rates\Eleo-Sch ETC[, non metered Telecommunications charge, 5.3% _ 11/14/2012 City of Ashland, Oregon RESIDENTIAL SERVICE Applicable: To single-family residential customers when all service is supplied to one point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. Basic Char, e: Octo a 20 1 Jana -0 Per Month $ 8.03 $ 8.45 E, ner Care er Octobe 01 a.~uai, 20 First 500 kWh $ 0.05469 $ 0.05758 Over 500 kWh $ 0.06727 $ 0.07083 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HP rrust comply with the City of Ashland's Electric Service Manual. Three-Phase Service: For residential customers requiring three-phase service, whose single-phase requirements are, or will be supplied under any residential schedule, three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed, and in any event, only when deliveries can be made by using one service for customer's single phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be $3.45 for each kilowatt of demand, but not less than $8.45 minimum basic charge. The energy charge shall be in accordance with the schedule set forth herein. ME e-Phase Service Octobe -01 a a 013 Per kW of Demand $ 3.28 $ 3.45 Minimum Charge $ 8.03 $ 8.45 Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. G:\finance\Administration\Council Communications\November12\Draft\112012 PH to Consider Raising Electric Rates\Elec-Sch R01&R03, 5.3% 11/14/2012 City of Ashland, Oregon SEASONAL RESIDENTIAL SERVICE Applicable: This rate is applicable to seasonal residential uses such as owner occupied single-family residential customers providing travelers accommodations, and when all service is supplied at one point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. Basic Czhar a Oc o er 201 an a 201 Per Month $ 8.03 $ 8.45 E.rLeri Char, e: Pe kllVih Octo er 201 anuaj 263 First 600 kWh $ 0.06076 $ 0.06398 Over 600 kWh $ 0.06717 $ 0.07073 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HPmust comply with the City of Ashland's Electric Service Manual. Three-Phase Service: For residential customers requiring three-phase service, whose single-phase requirements are, or will be supplied under any residential schedule, three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed, and in any event, only when deliveries can be made by using one service for customer's single phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be $3.45 for each kilowatt of demand, but not less than $8.45 minimum Basic charge. The energy charge shall be in accordance with the schedule set forth herein. Three,P.hase !aRice Octobe 011 Jana -01r3 OW MW Mp Per kW of Demand $ 3.28 $ 3.45 Minimum Charge $ 8.03 $ 8.45 Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. CITY OF ASHLAND Council Communication November 20, 2012, Business Meeting FY 2011-2012 Comprehensive Annual Financial Report FROM: Lee Tuneberg, Administrative Services/Finance Director SUMMARY The Audit Committee has met with staff and auditor Pauly, Rogers and Company, P.C. to review and accept the annual audit for the fiscal year ended June 30, 2012. The committee's report and recommendation to accept the annual financial report can be found in the report on page xvii and the auditor opinion on page 3. BACKGROUND AND POLICY IMPLICATIONS: The Comprehensive Annual Financial Report (CAFR) is prepared each year as part of the state- required audit by an independent, certified and municipally licensed auditor. In Ashland, the auditor reports to the Audit Committee established by the Council. The committee receives the auditor opinion, management letter and annual financial reports (including the Parks Commission Component Unit Financial Report) prepared by staff. When satisfied with the reports and related information, the committee forwards the report to Council with a recommendation to accept. The auditor gave an unqualified opinion again this year. The CAFR conforms to generally accepted accounting principles (GAAP) and the latest applicable Governmental Accounting Standards Board Statements (GASBS), auditing standards and Oregon Budget Law. The report also complies with U. S. Office of Management and Budget (OMB) Circular A-133 requirements since the City accepted enough federal financial assistance in FY 2011-2012 to require specific audit actions and disclosures. This is accomplished by including a Schedule of Findings and Questioned Costs addressing audit results, financial statement findings, federal award findings and questioned costs. The auditors identified two conditions worthy.of reporting and they are detailed on Page 149. They include the need for: - • Better internal controls for the Information Technology Department regarding internally developed software. • Better internal controls for staff access to transactions in the Municipal Court. The Administrative Services Department's responses to the Management Report comments immediately follow the auditor findings on the same page. Staff continues to work on the issues with the goal to make sufficient progress or resolve them by June 30, 2013, so they are not carried forward. No questionable costs for federal financial assistance programs were reported by the Auditor. Page I of 4 CITY OF ASHLAND The City and Parks are prepared to submit both annual reports to the Government Finance Officers Association for review and suggestions for improvement again this year. Financial Overview The City is responsible for completeness and accuracy of the annual report. The auditor reports are included in the document and presented on their letterhead. These reports attest to the City's compliance with Oregon Budget Law and federal reporting requirements. The annual report includes a section on pages 5 through 10 called Management's Discussion and Analysis (MD&A) that is intended to provide the reader with a basic understanding of the financial condition and change over the year audited. Please read the MD&A and Notes section to get a general .understanding of the financial information provided. Unless otherwise indicated, financial references relate to the City and do not incorporate Parks & Recreation information. From an overview perspective, the City's financial condition improved for a second year with total net assets increasing $3,127,468 or 3.0% to $107,455,363. In the prior year total net assets increased $2.88 million. This year Cash balances increased a net $4.7 million or 24.1% in total with general governmental balances increasing $5.3 million including reserves and unspent borrowing but business- type funds decreased $587,000 reflecting payments to reduce payables and claims payable. City total assets are up $2.3 million which includes: 1. $4.7 million more in cash & investments (a plus) 2. $174,000 more in restricted cash & investments (a plus) 3. $487,000 less in receivables (a minus) 4. $165,000 more in inventories (a plus) 5. $119,000 less in deferred revenue (a minus) 6. $3.07 million more in fixed assets (a plus) 7. $5.19 million more in accumulated depreciation (a minus). City-wide current payables (liabilities) are $1,108,000 (14.2%) less than the prior year, primarily due to less accrued interest payable consistent with the outstanding debt service due in the coming year and less capital improvement work done late in the fiscal year and payable at the end of June. The net result of changes in Assets and Liabilities city-wide is the $3.13 million increase in Total Net Assets as mentioned above. In general, the City raised rates, reduced operating expenses and deferred capital projects to better balance incomes and out goes to provide a positive impact. These positive steps resulted in changes that offset the negative impact of depreciation (aging of city infrastructures calculated to be $5.19 million) for the year. The above variations contributed to a change in categorization of Net Assets where Unrestricted increased by $4.67 million, Restricted increased by $880,000 and invested in capital assets decreased by $2.42 million. There are many elements contributing to these changes such as transferring monies into accounts not restricted for specific work, receiving payments for the university that added to General Fund accounts and a refund on wholesale power purchases. Page 2 of 4 R`, CITY OF ASHLAND Council may recall that GASBS 54 requires the Reserve Fund (considered a non-major fund) and its $1.0 million balance to be incorporated in the city-wide presentations and schedules as part of General Fund. This is done to be compliant with GAAP requirements. This is because the internally established reserve is a repository of monies transferred from other funds and their eventual use is left open to determination during subsequent budget processes. Since the use of that balance remains to be identified and cannot be automatically restricted by the type of revenue stream it is required to be reported as part of the General Fund. The Parks and Recreation Commission net assets increased $528,466 to $12.6 million despite another transfer (payment) of $349,000 to the City Reserve Fund. As with the City, there are many elements contributing to this change including a net $360,574 more in capital assets and $116,993 less in depreciation after disposal of assets attributable to Parks. The remainder of the change between years includes fluctuations in receivables and inventories. The financial report indicates the City has been able to maintain its financial position but not without increasing some charges and adjusting services and projects where necessary to better balance resources and requirements. However, recent enterprise studies indicate a significant number of capital projects to be done representing considerable financing challenges ahead. The Statement of Net Assets, as explained in the Management Discussion and Analysis, confirms the aging infrastructure by presenting h decrease in total capital assets (net) of $2.117 million, or -1.8%. This decrease was minimized by the addition of $3.1 million in new fixed assets. Any increased reserves will be impacted by these infrastructure demands. Key places to look within the document are: Pages Information i - vii Transmittal letter from staff xv Report of Audit Committee accepting the audit 3-4 Auditor's unqualified opinion 5- 10 Management's Discussion & Analysis 13 - 22 Basic Financial Statements 23 - 53 Notes to General Purpose Financial Statements 57- 135 Supplementary reports, schedules and statistical tables 137- 141 Oregon required auditor comments and disclosures 143 - 149 Government Standards Compliance Reports including Federal Assistance, OMB Circular A-133 compliance, and other internal compliance disclosures FISCAL IMPLICATIONS: Council may accept the Committee's report and the annual report as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. STAFF RECOMMENDATION AND REQUESTED ACTION: The Audit Committee recommends acceptance of the Comprehensive Annual Financial Report for FY 2011-2012 and staff concurs. Page 3 of 4 CITY OF -ASHLAND SUGGESTED MOTION: I move to accept the Audit Committee Report and the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012, as presented. ATTACHMENTS: FY 2011-2012 Comprehensive Annual Financial Report Audit Committee Meeting draft minutes 10/22/2012 Page 4 of 4 ~r, vorv,(K ©-f C1 Y OF U ASHLAND MUNICIPAL AUDIT COMMITTEE MEETING MINUTES re- October 22, 2012 Call to Order Administrative Services and Finance Director Tuneberg called the meeting to order at 2:01 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Municipal Audit Committee Members r v Nutter nherta Stahhinc and Committee Member Barbara Christensen were present. f~lUmcipa uddmber Dennis Slattery absent. Also present were City Administrator Dave Kanner, Administrative Services and Finance Director Lee Tuneberg, Parks Director Don Robertson, Accounting Manager Cindy Hanks, and Administrative Assistant Tami De Mille-Campos. Approval of Minutes A MOTION WAS MADE by Committee Member Nutter for the approval of the minutes of November 07, 2011, as submitted. The Vote: Unanimous Ayes Presentation by the Auditors Representing Pauly, Rogers, and Co., P.C. (PR&C), a certified public accounting firm engaged by the City to perform auditing services, Kenny Allen presented the City of Ashland Comprehensive Annual Financial Report (CAFR), the Parks Comprehensive Annual Financial Report (CUFR), and Management Letters to,the City of Ashland and the Parks and Recreation Commission. Parks Comprehensive Annual Financial Report Mr. Allen reported a clean opinion as stated on page #1 for the Park's financial statements. No exceptions requiring comment relative to the Oregon Municipal Audit law, and compliance with GASB requirements. No management letter was issued. A MOTION WAS MADE by Committee Member Nutter to accept the Component Unit Comprehensive Annual-Financial Report for the Ashland Parks and Recreation Commissio for fiscal year ending June 30, 2012, and to recommend acceptance by the City Council. (~2 The Vote: Unanimous Ayes 2- Q W~au ~Z7~ Q r ltad s,~t,e' pie ao VIM . Sla.~y urn MUNICIPAL AUDIT COMMITTEE MEETING October 24, 2011 Page 2 of 3 i City Comprehensive Annual Financial Report Mr. Allen reported a clean opinion as stated on page #1 for the City's financial statements. No new exceptions requiring comment relative to Oregon Municipal Audit law, and compliance with GASB requirements. City Management Letter Mr. Allen reviewed the two recurring conditions required to be disclosed in the City's Management Letter, shown on page 149. • Condition 1 - PR&C noted that the Information Technology (IT) department does not have a cohesive written internal control document that details out their internal controls over their internally developed utility billing (UB) system and that the UB system should be modified to be fully integrated into the Eden GL system and should have a report written that "red flags" unusual or missing charges to individual accounts. PR&C also recommended that the IT department have an external review of the processes and controls from an outside entity. Administrative Services and Finance Director Tuneberg pointed out that this is a repeat from prior years. He stated that with the conversion from the internally-generated UB software to the new Springbrook software, which is scheduled to be implemented in December 2012, this will eliminate the first portion of the comment and that Staff will also work with IT to tighten the controls on the self-developed software which will still be utilized for AFN cable modem management. • Condition 2 - PR&C noted that all staff at the Courts department can make manual changes to court charges within the system. Mr. Allen recommended limiting access to as few people as possible and requirement of a supervisory review of all manual changes within the system. He opined that this is an area of high-risk in the court system. Mr. Tuneberg acknowledged that this is also a repeat from prior years and was a challenging area for small agencies (divisions) with very few staff. He recommended strengthening reviews and internal controls such as sign offs, reconciling, and auditing efforts to improve compliance with the essence of this comment. Future Accounting and Auditino Issues Mr. Allen briefly reviewed the hand out covering auditor roles and responsibilities and described changes to the "Yellow Book" issued by the Government Accountability Office; he discussed four new auditing standards issued by the American Institute of Certified Public Accountants, GASB 60-63 (see attachment for details). He stated that the City of Ashland would not be significantly impacted by these changes. Committee Discussion Ms. Christensen asked Mr. Allen if the biennial budget would affect any part of the audit going forward. Mr. Allen stated that it will not have any negative impact on the auditing process. Ms. Christensen also asked whether all of the funds are tested, specifically the Cemetery (operations). Mr. Allen explained that deep testing is done on things that stand out otherwise the funds are tested at random. c:\documents and settings\shipletdVocal settings\temporary internet fi1es\content.out1ook\3n77s1g9\112012 audit committe meeting draft minutes 10-22-12 atch2.docx MUNICIPAL AUDIT COMMITTEE MEETING October 24, 2011 Page 3 of 3 Mr. Nutter inquired about the Post Employment Stipend shown on page 48. Mr. Tuneberg and Ms. Hanks explained that the City provides certain benefits for 19 retired City employees who have completed a minimum of 15 years of employment with the City. These are obligations which are required by one labor bargaining agreement and by the exempt employee resolutions. The committee discussed whether Mt. Ashland was considered a liability. Mr. Allen explained that when the permit was transferred it was no longer a liability. Mr. Nutter asked whether there should be any reference to the Gun Club contamination. Discussion addressed the current activities, status of mitigation efforts and the fact that the liability is currently unknown. Mr. Kanner explained that as long as the gun club continues to operate as a gun club then the City has no liability for the cleanup. He also pointed out that the likelihood of the Department of Environmental Quality would require cleanup is unknown. As long as the City owns the property the cleanup likely would be limited. Mr. Allen explained that there was nothing to disclose based upon the city attorney's opinion letter for the current fiscal year. A necessary correction was pointed out on page 47. It should read that "Settlements have NOT exceeded coverage's in each of the last three years'., Staff will make the necessary change. Ms. Stebbins asked that Staff expand on the basis for waiving the requirement for Ashland Community Hospital's debt service coverage ratio shown on page 48. Staff noted this request and will update this. The Committee thanked Cindy Hanks, Lee Tuneberg and the entire Finance department for the hard work put into producing the Annual Financial reports! Recommendation to City Council to Accept the City 2012 Audit Report A MOTION WAS MADE by Committee Member Nutter to accept the Comprehensive Annual Financial Reports for the City of Ashland for fiscal year ending June 30, 2012, and to recommend acceptance by the City Council. The Vote: Unanimous Ayes Adjournment Ms. Stebbins adjourned the meeting at 3:22 p.m. Respectfully submitted, Tami De Mille-Campos, Administrative Assistant c:\documents and settings\shipletd\local settings\temporary internet files\content.outlook\3n77sig9\112012 audit committe meeting draft minutes 10-22-12 atch2.docx CITY OF ASHLAND Council Communication November 20, 2012, Business Meeting Special Procurement for the Purchase of Badger Water Meters FROM Michael R. Faught, Public Works Director, faughtm@ashland.or.us n SUMMARY This "contract-specific special procurement" will allow the water department to procure Badger water meters with Itron radio frequency read 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: At the November 6, 2012 City Council meeting Council directed staff to provide details of the recent "Comparison of the Net Present Value of the Current Meter Reading Program versus Investment in a Radio Frequency Read Meter Reading Program" conducted by Ray Bartlett, Economic and Financial Analysis (see attached). The water distribution system program has the responsibility of reading meters, installing and repairing existing meters, cross connection control, fire hydrant maintenance and repair, service calls, line flushing, fountain maintenance, utility locates, mainline repairs, pressure reducing-valve maintenance, pump station maintenance, water quality monitoring, telemetry, new service installations, and valve exercising. The adopted water master plan has determined that it takes ten (10) employees, including the supervisor, to manage these responsibilities. The meter reading component of the water distribution program has three elements; meter reading, re- reads and door hangers. The current meter reader spends the entire allocated .8 FTE reading the 8,749 meters in the city each month. The remaining meter reading duties (re-reads and door hangers) are completed by other water distribution employees. The annual cost of the current meter reading program is $109,851. The time allocation for each of these duties is as follows: Meter reading 1664 hours .8 FTE Door hangers 832 hours .4 FTE Re-reads 587 hours .28 FTE Total • 3,083 hours 1.48 FTE The need to re-read meters is based on the fact that the City's meter reader currently has to manually. enter meter readings, a six digit number, for the entire inventory each month. Given that, our re-read percentage is relatively low, however, it still takes one of our other water distribution employees away Page I of 3 CITY OF ASHLAND from their normal duties. The proposed radio frequency read program would essentially remove the need to re-read meters as all of the numbers would be collected electronically. In addition, the meter reader would no longer need to manually open every valve to read a meter; data could be collected electronically as the meter reader drives by the water meter. This would decrease the meter reading portion of the program to 4-5 days per month, thus reducing the total FTE for the program to .6 FTE, allowing the remaining water distribution staff to focus on other priority water distribution programs. The annual cost of the meter reading program with radio frequency read meters would be reduced to $44,687. The annual time allocations would be as follows: Meter reading 416 hours .2 FTE Door hangers 832 hours .4 FTE Total 1,248 hours .6 FTE The goal of the program is to have radio frequency transmitters installed in all 8,749 water meters, reducing the time it takes to read water meters. Currently, 998 of the 8,749 water meters have the Itron radio frequency transmitter. The cost to upgrade the remaining water meters to radio frequency read is $1,615,308.40 (7,751 units at $208.40 each). Staff asked Mr. Bartlett to evaluate the Net Present Value of the current meter reading program compared to the proposed radio frequency meter reading program. He determined that once the new meters were installed, the 20 year savings of converting to radio frequency read would be $445,743. November 6 2012 Council Communication Information 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 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 279B.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 27913.085 and all other applicable provisions of law. It is important to note 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 are: • water meters are located in meter boxes that are typically buried in the public right-of-way 10 -18 inches deep • water meters have an output rating of 10 milliwatt • electric meters have a transmitter and are located near the residential home and/or business Page 2 of 3 Fr, CITY OF ASHLAND • electric meters have an output rating of 100 milliwatt FISCAL IMPLICATIONS: This current request to purchase Badger radio frequency read meters is limited to current budget allocation of $75,000 for FY 2012-12. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends 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 frequency reads. ATTACHMENTS: 1. Form #9, Special Procurement, Request for Approval and Written Findings 2. Badger Meter Distributor Authorization Letter 3. Itron Distributor Authorization Letter 4.. Radio Frequency Read Cost Benefit Analysis Page 3 of 3 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 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: 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/Itron 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 #g - Special Procurement- Request for Approval, Page 1 of 3,11/14/2012 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 City's 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 deterruning 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, 279B.065, or 27913.070, 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 3,11/14/1012 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 first appeared on www.ashland.or.us - November 7, 2012 [lfapproved 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, 2012J 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. [If approved by Council November 6, 2012J. This Contract-specific Special Procurement allows the City's Water Department to purchase Badger water meters with Pron radio reads directly from General Pacific. General Pacific is the "authorized and sole distributor "for Badger Meters and Pron metering products in Oregon Badger water meters have been consistently reliable cold durable in all applications resulting in low maintenance costs and fewer change-outs. And, the ltron 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 basisfronu 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 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 2796.400 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, 2012] 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 3,11114/2012 4545W Brown pour Roid Badger Meter Po Bo= 245036 w Milwauke4 Wisconsin 53224-9535 414.35SA400I SDD-876-3037 wwpr. W dgcrmcter.com April 12, 2012 Kari 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 122n0 Ave. Portland, OR 97230 1-800-547-9744 Sincerely, Theresa M. Szafranski Assistant Secretary /tr6n Knowledge to Shape rourFuhae April 11`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 ltron 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 Moller Road tel509-924-9900 Liberty Lake, WA 99019 fax 509-891-3355 www.itron.com toll-free 800-635-5461 Comparison of the Net Present Values of the Current Meter Reading Program . VS. Investment in a Radio Read Meter Reading Program Discount Rate 2.0% Labor Inflation 5.5% Radio Read Meters O&M Current Meters Year Capital Nominal Present Value Total Nominal Present Value 0 $ 1,615,308 $1,615,308 $ 109,900 $ 109,900 1 $ 44,700 $43,806 $43,806 $115,900 $113,582 2 $47,200 $45,331 $45,331 $122,300 $117,457 3 $49,800 $46,871 $46,871 $129,000 $121,414 4 $52,500 $48,424 $48,424 $136,100 $125,534 5 $55,400 $50,077 $50,077 $143,600 $129,803 6 $58,400 $51,733 $51,733 $151,500 $134,205 7 $61,600 $53,477 $53,477 $159,800 $138,726 8 $65,000 $55,300 $55,300 $168,600 $143,439 9 $68,600 $57,195 $57,195 $177,900 $148,324 10 $72,400 $59,156 $59,156 $187,700 $153,365 11 $76,400 $61,176 $61,176 $198,000 $158,545 12 $80,600 $63,248 $63,248 $208,900 $163,927 13 $85,000 $65,367 $65,367 $220,400 $169,493 14 $89,700 $67,602 $67,602 $232,500 $175,222 15 $94,600 $69,869 $69,869 $245,300 $181,171 16 $99,800 $72,235 $72,235 $258,800 $187,319 17 $105,300 $74,692 $74,692 $273,000 $193,645 18 $111,100 $77,230 $77,230 $288,000 $200,199 19 $117,200 $79,840 $79,840 $303,800 $206,958 20 $123,600 $82,516 $82,516 $320,500 $213,968 NPV of Costs $2,840,453 $3,286,195 Net Savings $445,743 CITY OF ASHLAND Council Communication November 20, 2012, Business Meeting Procedure on Selection of Council Position #6 FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY On October 26, 2012, Councilor David Chapman resigned from City Council Seat #6. The City Council is continuing the process for making an appointment to this vacant seat. BACKGROUND AND POLICY IMPLICATIONS: City Charter does not provide for a Special Election for the filling of a vacant elective office. City Charter states that a vacant elective office shall be filled within sixty (60) days (which is December 25, 2012) by the City Council electing some qualified person to fill the vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election takes office for the unexpired term. (Biennial elections take place very two years; next biennial election will be November, 2015) As was directed by council at the November 5 Study Session, advertisement seeking letters of interest and background information was placed in the local newspaper as well as on the city website. The deadline for applications to be submitted to the City Recorder's Office was 5 p.m. on November 14. Seven applications were received from Pam Marsh, Lynn Thompson, Tom Giordano, Keith Haxton, Eric Heesacker, Colin Swales and Kevin Bernadt and are included for council review. STAFF RECOMMENDATION AND REQUESTED ACTION: 1) Council discuss pre-selection process of applicants for advancement to interviews on December 3 • Ballots will be provided at meeting, if necessary Council confirmation of a Special Meeting of the Council, to be held and televised in the Council Chambers at 5:30 p.m. on December 3. At this meeting, Council may determine if there are any additional questions for the applicants and what voting method they would like to use. Examples of past voting methods and ballots will be provided to the Council for this meeting. At 6 p.m., Council will conduct interviews in 15 minute increments. At the conclusion of the interviews, the Council may vote to determine the appointment to the Council Position #6 for a term ending December 31, 2014. ATTACHMENTS Applications received Page I of 1 Ir, November 10, 2012 JU" Mayor John Stromberg and members of the City Council City of Ashland 20 East Main Street Ashland, OR 97520 Dear Mayor Stromberg and members of the Council, Please accept this letter and the enclosed background document as application for the vacant position on the City Council. I am applying for the Council because I believe government matters. Decisions made by our elected officials affect the way residents live their lives, run their businesses and raise their families. Thoughtful leaders help us unify around our common values and negotiate pragmatic and collaborative solutions to challenges that come our way. Good government protects the well-being and dignity of our most vulnerable residents, while fostering an environment in which families and businesses are supported and flourish. I have a long history of relevant involvement in local government both as a community volunteer and as a staff person. Most recently, I have spent six years on the Ashland Planning Commission, serving as chair for two years. Before that, I was a member of the Ashland Charter Revision Commission. In my prior community of Palo Alto, California, l also served on and chaired the Planning Commission, and volunteered on a variety of community boards and committees. I enjoy and value public process, and I think my former and current colleagues would agree that I play well with others. In my professional life in Southern Oregon I have been the owner of a restaurant and inn, deputy director of a nonprofit alcohol and drug treatment agency, and (currently) the Manager of the Ashland Emergency Food Bank. I understand the challenges of doing business in a tourism-based economy, and each day at the Food Bank I see the social and financial realities facing families in this environment who are struggling to make it through the month. Ashland is a wonderful place to live and work We need insightful, creative and decisive leaders to ensure that we remain a healthy, resilient community. I hope you will agree that 1 have the experience and knowledge necessary to join you in that mission. Bestregards, Pam Marsh 696 Siskiyou Blvd. Ashland, OR 97520 541-282-4516 Background Information Pam Marsh 696 Siskiyou Blvd. Ashland, OR 97520 541-282-4516 (cell) 1. Significant tasks/challenges facing the next City Council will include: • Economic DeveloRment We need to continue to nurture our core tourism- based institutions and businesses while seeking to diversify/expand the local economy. If we are going to have families here, we have to have family-wage jobs. We need to support existing businesses that need to expand, and we need to work with the Chamber of Commerce and regional entities such as SOREDI to help attract new business. Ashland is not going to be home to heavy manufacturers, but we have multiple assets to attract high tech start- ups and entrepreneurial enterprises. • Downtown. We need to make sure that the plaza remodel continues and is implemented by the start of next tourist season, and we need to pursue other beautification efforts to perk up downtown. On a larger scale, the council will need to decide if, and how, to implement a recommendation in the citywide Transportation Plan for a parking and circulation study of downtown. It is likely that the Planning Commission will recommend that this study be broadened to include other planning issues, as well. • Homeless Resource Center. The council will need to shepherd the RFP process and oversee development of the center. • Transportation Plan. Council members will review, possibly amend and eventually adopt the Transportation Plan. High priority projects and studies will be incorporated into the capital improvement budget Specific attention should focus on the implementation of new fee strategies. • Maintaining a famfly-supportive environment Both the recently released Housing Needs Analysis and school district enrollment trends confirm that high real estate prices are a barrier for families who want to settle here. Low-income housing will be a solution for a limited number of families, and planning initiatives, such as smaller R-1 lots, may help a few more. But the most effective approach the Council can take may be to ensure that this is a place where families want to be - even if that requires some financial struggle. In that regard, the council should look for strategies to partner with and support Ashland School District 1 • Health care. Councilors will need to review and possibly approve an affiliation between Ashland Community Hospital and an as of now unnamed partner. Pending changes in health care delivery, including those incorporated in Obamacare and further defined by Oregon's health care initiative, will be relevant as the Council considers the future of the hospital. • Budget issues. Of course there will always be budget issues. Among those the council will face in the coming year will be a potential increase in transportation utility fees, review of garbage rates and ongoing discussion regarding allocation of funding to the Parks and Recreation Commission. • Completion of current Initiatives, including the Ashland Forest Resiliency project and the Water Master Plan. 2. The role of a city councilor. Strictly speaking, city councilors comprise the legislative arm of local government and are responsible for development and review of goals, policies and programs. The council oversees the budget process, levies taxes and ensures that the city (specifically, city staff) has the resources necessary to carry out the council's direction, implement priorities and perform day-to-day operations. The council consults with the mayor to hire key city staff and appoint citizens to public commissions/committees. As assigned, city councilors may also represent the community in regional and/or state level initiatives and organizations. More broadly, members of the city council are the stewards of the public process. Councilors need to ensure that residents know what is going on and have a chance to be heard. Public process that is viewed as transparent, decisive and fair inspires confidence and builds community - which should be a fundamental goal of our elected officials. 3. Abbreviated Resume WORK EXPERIENCE Manager, Ashland Emergency Food Bank, May 2012 - current Deputy Director, OnTrack, Inc., 2005-2012 Owner, Green Springs Inn, Ashland, Oregon,1994-present (active in management, 1994-2003) Coordinator, Santa Clara County Cities Assn., Sunnyvale, California, 1991-1994 2 Field Representative, State Assemblyman Byron Sher, Palo Alto, California, 1984- 1988 COMMUNITY AC WITIES Current: Ashland Planning Commission; Board member, Family Nurturing Center Past: Member, Ashland City Charter Review Committee; Concessions Czar, Ashland High School Booster Club; Chair, Pinehurst School Site Committee; Chair, Palo Alto Planning Commission; Member, Downtown Redesign Committee (Palo Alto); Chair, Ohlone School PTA; Chair, Midpeninsula Health Center Board of Directors EDUCATION Bachelor of Science, Political Science Southern Oregon University, Ashland, Oregon, 2005 University of California, Berkeley, 1973-1975 3 12 November 2012 IL` ~ Barbara Christensen, Ashland City Recorder N~(/ 1 3 201 (lll City Hall B y,• 20 E. Main Street Ashland Or. 97520 Re: City Council Application Honorable Mayor and Council, I appreciate the opportunity to submit this application for City Council Position 6. 1 have lived and raised a family in Ashland for over 24 years. I believe my diverse educational background, my professional qualifications as an architect/planner and my extensive community involvement makes me an ideal candidate for City Council Position 6. This opinion is supported by the attached brief resume and the answers to the following questions. ISSUES ( not in order of importance ) - homeless - affordable housing - sustainable local economic development preserving Ashland's quality of life - reaching consensus/decisions in a timely manner - obtaining public input beyond council meetings downtown parking and multi-modal circulation ("road diet") PERSONAL MOTIVATION - believe city can benefit from my public meeting experience - giving back to the community COMMUNITY ACTIVITIES see resume, community involvement ROLE OF CITY COUNCILOR - determine the community vision - perform independent research - review staff reports - welcome and listen carefully to public testimony - consider individual interest versus public welfare - weigh the costs and benefits - participate in discussions with other councilors - explore all possible solutions before making a final decision In conclusion,I enjoy working with people, even those with diverse opinions, to solve problems, reach consensus, and produce creative solutions. Sincerely, v Tom R. Giordano '105 Lincoln Street 4A Ashland, Or. 97520 541 482 9193 RESUME Thomas R. Giordano Registration: Architect - California, 1982 (1345 1) Architect - Oregon, 1989 (2954) Education: M.A. Environmental Planning/Resource Management, 1979 Consortium of the California State Universities and Colleges B. Architecture, 1970, Arizona State University B.F.A. Environmental Design, 1968, Arizona State University Community Involvement: Interim Phoenix City Planner, 2008 - 2009 City of Ashland Historic Commission, Present City of Ashland Building Codes Appeal/Demolition Board, Present City of Ashland Planning, Commission, 1994 to 1997 Jackson County Planning Commission, 1988-1994 Jackson County Historic Advisory Committee, 1988-1994 City of Ashland Commercial Design Standards Committee; 1991-1992 . City of Ashland Citizcn Planning Advisory Committee (CPAC), Chairman, 1988-1992 City of Jacksonville Interim Town Planner, 1989-1990 intcrim Talont City Planner 1997 Santa Barbara, CA. City Planner[Urban Designer/Environmental Analyst 1974-1982 Academic Qualifications: California Teaching Credential (Community College Level) Assistant Professor Status (California State College and Universities) Military Service: Naval Reserve, Honorable Discharge, 1967-1970 . Lynn K. Thompson O~Q NO(r 125 N. Main Street 6 r 131~j1'j~p Ashland, Oregon 97520 lkthompson@hotmaii.com 552-0889 November 13, 2012 Barbara Christensen, City Recorder City of Ashland 20 East Main St. Ashland, OR 97520 Re: Vacancy on Ashland City Council Dear Ms. Christensen: I am submitting this letter of interest in appointment to the vacancy on the city council created by the resignation of David Chapman. Before turning to the specific questions, I'd like to offer a few brief personal and biographical details. I moved to Ashland in 2000, after coming here for over a decade to see the plays, enjoy the town, and experience the outdoors. My two children attended local schools: Kelly (now 26) graduated from AH5 in 2004, and Kyle (now 23) graduated from AM5 and then AHS in 2007. Kelly went to UC Santa Cruz, did her graduate work in Spain and currently lives in Madrid. Kyle graduated from UofO and currently works in LA. My partner since 2001 is Leslie Kendall whose two children grew up with mine. We are firmly rooted in Ashland. I practiced law in Los Angeles as a labor/employment attorney for 23 years before moving to Ashland, and continued on a part time basis until I retired in December 2008. From 1992-19951 served on the 5-person management committee of my law firm, one of the largest in the world, with an annual budget in excess of $500 million. I received my law degree from UC Hastings in 1977, and my undergraduate degree in Human Biology from Stanford University in 1974. 1. What are the biggest Issues facing the City? From my vantage point, I consider these two issues to be of the highest importance: (a) We must move forward to secure the city's water supply and update its aging infrastructure. We must commit to the funding stream for the projects. We must realistically acknowledge and address the cost burden to our citizens and how it can be mitigated. We must pursue all feasible capital funding options. We must make any decisions that need to be made and get going. Barbara Christens3n, City Recorder November 12, 2012 Page 12 (b) We must preserve and build on the fiscal stability of the city. Due to careful management in the last five years and the efforts of our excellent city leadership, our city is in pretty good shape, but maintaining it requires continued vigilance and discipline. 2. What is your primary motivation for seeking the vacant council seat? I am proud to be a citizen of Ashland and feel deeply committed to preserving its unique and robust character. I have the skills and experience to make a meaningful contribution to the work of the council in the coming years. My knowledge of the city's budget and financial framework provides me with a good head start on the job. I can now commit the time needed to be well prepared on the other issues facing the council. 1 would contribute my best efforts to achieving pragmatic outcomes. I have worked with the mayor and other council-members during the past six years, and I know I can work constructively and well with all of them. Since moving to Ashland in 2000, and particularly since retiring from the practice of law in 2008,1 have had opportunity to become deeply involved in service work f am not approaching this as someone with a constituency, platform or political agenda. I want to devote my skills and experience to meaningful work that will help people and help our community. For these reasons, serving the city would be very rewarding to meat this stage of my life. 3. What community and city activities have you been involved in? I have served on the Citizens Budget Committee since 2005, for seven budget cycles. I was its chair for three of those years. I have been a member of the Ashland Rotary Club since 2001. 1 have served on its board of directors and as an officer of the club since 2006. My three year commitment to serve as secretary of the club will end on June 30, 2013. 1 have worked on many community projects through Rotary, including chairing the Grizzly Sports Program for six years. Under my leadership we raised over $100,000 for Ashland High School athletics and college scholarships. For two years 1 worked on the Aspire program at Ashland High School where 1 provided assistance on college applications to needy students. 1 have worked on international service projects including MI Casa DlFerente, where we raised money to fund the construction of over 220 houses for impoverished families in Ashland's sister city, Guanajuato. I traveled to Guanajuato this spring with a delegation where I meet with families in the communities, as well as the regional governor, Guanajuato mayor and city council, and the DIF (social service agency) on behalf of the Ashland Rotary Club. I have been a board member of the Rogue Valley Symphony Association since 2007. 1 have held different board leadership roles. Currently I serve as the Treasurer of RVSA. Barbara Christens3n, City Recorder November 12, 2012 Page 13 I am an amateur musician and helped found a nonprofit community orchestra called the Second Street Musicians. I am its Secretary/Treasurer. 4. What is the role. of the city councilor? The city councilor works as part of the leadership team to allocate city resources for programs, services and activities. A councilor's decisions may impact the citizens'short term interests, but importantly he/she must work to maintain the city for the long term benefit of future generations. An effective city councilor needs to: • be aware of the needs of the community including all of its various constituencies and aspects be extremely well prepared on all issues requiring decision by the council 'maintain productive relationships with other members of the leadership team including staff 'participate in collaborative decision-making 'be flexible by nature 'have the capacity and willingness to look at and evaluate all choices and options 'have a sense of how to balance needs with resources 'have good judgment 'demonstrate courage in the face of controversy. On the political continuum, I consider myself to be a centrist. I am fiscally conservative and share the liberal social values common in Ashland. I don't believe that divisive politics produce the best outcomes. I think I have qualities well suited to the city's needs, and that will complement and enhance the current (and new) council's work. /T/hQank you for considering my candidacy. Lynn K. Thompson November 14, 2012 ` TO: ASHLAND CITY RECORDER /Vol . g 1 FROM: ERIC HEESACKER: 2360 Ranch Rd., Ashland, OR 97520 (562-455-7138• 4 2,91Z O ' RE: COUNCILOR CHAPMAN'S VACANCY (POSITION #6) • I am writing in regard to the currently vacant Council Position #6. As requested, I am writing this letter of interest and I'm submitting responses to the four questions posted here: httn:/hti-,A,w.ashland.or.us! N ews.aso4NewslD=2674 I have an almost thirty year professional background in city/county/transportation planning and a master's degree in planning to backup that job experience. My experiences with Ashland volunteer boards began in January of 2008 on Ashland's Traffic & Safety Commission. In April of 2009,1 was voted by committee members to Vice Chair, where I served for a year, then served another year as the Transportation Commission Chair from April 2010 to April 2011. In September of 2011, I made a move to the Planning Commission where I still proudly serve. While I very much enjoyed my work with transportation issues, and feeling quite at home with planning issues, I am still hoping to experience the greater responsibilities required of those on city council. Hence my interest in the vacancy, and this packet of responses/information. I believe that my educational/professional backgrounds as a planner helped me acquire the positions described above on two commissions here in town. I do not think it is much of a stretch to feel these experiences also make me a good fit for the council vacancy and associated liaison duties, as described on the city's website. I understand through conversation with those 'in the know' that liaison duties are reassigned at the beginning of each calendar year, especially after a fall election. In all fairness to those making the choice to fill vacant Position #6, I feel it important to let you know that one week each month fords me traveling out of state. This week each month can vary as to which week it is, but my boss does like as much consistency as possible. The other three weeks each month have me working at home right here in Ashland, a circumstance that will allow me to have at least one daytime liaison duty if required. Please peruse the information I have included addressing the four points as noted in my first paragraph above. I believe that I would be a good match on Ashland's City Council for the next two years. I am a great team player, I am open to each/every new learning experience, I believe in consensus, and I have no personal agenda(s) whatsoever driving me to seek this vacancy. I would hope I can be seen as a fair representative of the entire town's interest groups; I feel that is important for an effective councilor. 1 desire to continue to serve the town, for the good of the town, as best I can. Sincerely, Eric Heesacker Me Ha ka respa : BIGGEST ISSUES FACING THE CITY I'm hoping this is the only "trick" question here because in my humble opinion, the biggest issues facing the city can vary over time and can vary depending on who is being asked to respond. What was a big issue a few months ago - the Road Diet - is now a project that has been implemented, and appears to be accepted even by some who opposed the Diet in the first place. A year or two ago, the biggest issue seemed to be master planning of the Crowman Mill Site, while at some point before that, the NorthLight subdivision appeared to occupy center stage. The biggest issues today can possibly be considered what to do with the ongoing problem of Ashland's wastewater, hospital partnership, and how to address a vague future of stable potable water sources. To some people, the biggest issue might be the expansion of Mt.Ashland, or how to deal with the seeming burgeoning homeless `problem', or a perceived rising crime rate (Grubbs murder; homeless arsonists; guns at local hotels). Others might see BRAMMO's departure to Talent as the biggest issue-du-jour and others might see this council vacancy as the biggest issue. To keep my answer streamlined here, I'll pick what I think are some pretty important issues, today, an d let others decide the merits of my decision to select: wastewater management, potable water source expansion, infrastructure maintenance/improvement, and the city's lack of affordable housing/living-wage paying jobs (leading to declining school enrollment, etc.). It is important that you understand that I realize the fact that my interpretation of the city's biggest issues may not match those of city council - a body which must speak with one voice. It then makes sense to reasonably conclude that the biggest issues facing the city should be identified/addressed through council consensus. PRIMARY MOTIVATION TO SEEK THE VACANCY: My primary motivation in seeking to fill this council vacancy goes back four decades to a time when my father was on a local planning commission. His presence on this commission planted a seed that led to a career in urban planning and a desire of my own to "give back" to a community that is helping me raise my children. It is my belief that my educational and professional background in urban planning have granted me the ability to reciprocate. I know the rules, l know the laws, I know the procedures and policies, and I'd like to share this experience in a fashion that helps others understand why/how municipalities operate. All that being said to provide a background regarding my desire, I have served on public bodies in the past (see below), and I have found this entire endeavor to be nothing short of enjoyable. I find myself rubbing elbows with like-minded people volunteering to better the community. It is very rewarding to me when I realize I have learned something new/useful. Even if it is a challenging situation with another person on the public body and. we are not seeing eye-to-eye, eventually things always work out and I find I have learned something about interpersonal interactions and viewpoints I previously had not considered. Finally, I think it important to point out that my motivation to fill this vacancy does not spring from a personal agenda to facilitate, nor pet issues to push through the system. I am motivated to work with my cohorts to promote, always, what is best for the whole town. Eric Heesscker resrr a : P.2 ' COMMUNITY AND CITY ACTIVITIES I HAVE BEEN INVOLVED IN: I was appointed to the city's Traffic & Safety Commission by Mayor Morrison in winter of 2008. At the time, I was employed by the Rogue Valley Council of Governments (RVCOG) serving as a planner/transportation planner with the Metropolitan Planning Organization (RVMPO) and felt this employment made me a good fit for commission work. This commission later merged with the Bike and Pedestrian Safety Committee to form today's Transportation Commission (TC). Having served with the TC for 18 months, my cohorts felt confident enough in me that I was voted in as vice chair where I served for a year (4/09 - 4/10), then served another year as chair of the TC (4/10 - 4/11). Being the chair was a very rewarding experience, especially since timing is everything and I was able to usher the Road Diet through its council approval processes. I am very proud of that project and the DRAFT TSP, and I've met many new friends/leamed many new things along the way. I acquired knowledge and experience from supporters of my endeavors while sometimes learning even more from opposition. Listening to opposition gives one a much clearer perspective of the `big picture' and public service is all about the big picture, in my mind. In late summer of 2011, I was recruited to the Planning Commission where quorum issues had been surfacing month after month. Having been a planner, I jumped at this chance especially since my term as chair of the TC had come to an end and council had approved our recommended approval of the Road Diet. While I deeply respect the TC and its fine members, I decided to begin service on the Planning Commission. Planning, after all, is my background and what better place to contribute than on the Planning Commission where once again I serve with fine people who continue to expand my view of the city's big picture, contributing what I can along the way while fulfilling my desire to be part of the process. ROLE OF CITY COUNCILOR: Differing from other city commissions/committees in many ways (much more responsibility for decision making at council level) the main difference between other volunteer boards and council is that with Council "the buck stops here". When a member of a public body, one's role is to study the materials, listen to debate, offer up solutions when/where warranted, attempt consensus, and vote for an outcome. While it is understandable that there are recusal issues and needs for abstentions (with stated reasons), here/there, ultimately it is a councilor's responsibility to vote on an issue in a manner that best suits the needs of the town. Votes for favorite special interest groups, an individual's ideology, and/or votes coming from an uninformed standpoint are inexcusable. Listening to all sides of an issue and voting for the good of the town are the biggest roles a councilor should be playing. It is entirely possible that I walk into a meeting knowing full well how I will vote on a certain issue. However, during discussion I always listen to what my intelligent/apt cohorts have to say. An open mind in these endeavors is critical, and 1 have realized this on more than one occasion as points made by an opposing view suddenly make sense in the face of the issue at hand. Something gets brought up that I had no idea even existed and it could make all the difference in the world on how I will vote. Shutting out an opposing viewpoint merely based on from where and/or who the view originates is a mistake where critical thinking and an open mind are clearly baits of an effective councilor. An effective city councilor has the role of leadership for the public, staff, other commission volunteers and that effective councilor is also tasked with the duty of making the best decisions possible on behalf of the town. K 6A / 4lI l l psi Th To h. NOV 1 4 2012 III BY: Thank you Mayor Stromberg and members of the city council, for considering my application to fill the vacancy in position six. I hope this application satisfies your needs of information, if it does not and you have further questions, please feel free to contact me at info@haxton20l2.com or 541-690-7634. My apologies for not making this application more elegant and thorough, but I hope you understand, I am a very poor and a very busy person. What do you think 2re the biggest issues facing the city? There are a few big issues facing the city, but perhaps the largest is Ashland's troubled economy. As we now enter into the 5th year of this massive global economic crisis many issues have yet to be dealt with. While the city can not solve all the problems associated with this crisis, it must do what it can to help our community prosper and keep our local economy strong. As the city looks towards maintaining its high level of services and infrastructure the city must also address the hardships being endured by many of its citizens. Ashland currently has a shrinking population and economy; both businesses and residents are leaving town. When an economic crisis takes effect one of the first industries to be afflicted is tourism. Indeed, all luxury services and industries are vulnerable to losses in revenues, however, the significant role those industries play in Ashland leave us in a particularly vulnerable position. The means by which I would deal with such issues involve, but are not limited to: lowering the cost of living in Ashland, mostly by investing in affordable housing and, maintaining the high quality of life that attracts residents, largely by investing in quality infrastructure and parks. What is your primary motivation for seeking the vacant council seat? I strongly believe in civic duty and I want to give back to the community that has given me so much. What community and city activities have you been involved in? I have been active in participating in many city council meetings as well as committee and commission meetings. I have contributed in at least a dozen Homelessness Steering Committee meetings. I have done and continue to do a lot of work with homeless residents of Ashland and issues surrounding poverty and homelessness. I've volunteered with many agencies, such as: The Jackson County Fuel Committee, Peace House, Oregon Action and Uncle Foods. I am one the directors of a non-profit organization called Options for Homeless Residents of Ashland. I, along with a few others are currently working towards providing shelter throughout the winter here in Ashland, via churches and faith groups. What is the role of the city councilor? To craft the city's budget and make important policy decisions regarding city matters. I find a city councilor also plays the role of a community leader, by setting the tone for discourse, being knowledgeable about city issues and operations, and by being an insightful, rational and forthcoming citizen. II/ IV Barbara Christensen From: Colin [colinswales@gmail.com] Sent: Wednesday, November 14, 2012 4:58 PM To: Barbara christensen NOV Subject: Number Six v 6Y 4 Barbara, CU///// Herewith my interest in being considered for appointment to seat #6 on Ashland City Council: What do you think are the biggest issues facing the city? The biggest issue facing the City is the fact that ALL of the projected 2013 Council (apart from the Mayor) were elected following special interest PAC money being spent on their behalf to trash their opponents with misleading negativity. This has produced a Council overwhelmingly biased in favor of the business community and other special interests - to the ongoing detriment of the ordinary citizen. So the biggest issue is finding equitable ways to level the playing field so that all citizens voices can can be equally heard, and thereby participate in our democratic governance, to the betterment of everyone. see e.g. PAC outspends candidates in Ashland election 10127110 Tidings The biggest spender in the Ashland City Council races is a political action committee that is attempting to unseat Eric Navickas. The League of Ashland Voters has raised $5,918.30 and spent $5,550.15, according to a Tuesday check of state campaign spending records. The PAC is paying for ads that are critical of Navickas' voting record on the City Council. The PAC has endorsed Navickas' opponent, Ashland Planning Commissioner Michael Morris, along with Southern Oregon University business professor Dennis Slattery, who is running against semi-retired attorney and judge pro tern Bruce Harrell. The League of Ashland Voters also has endorsed Councilman David Chapman, who is running for re-election unopposed Navickas said the League of Ashland Voters is twisting the facts on his council votes. "It's been frustrating seeing them using distortions rather than facts, "Navickas said... The same wealthy individuals, developers and Realtors that contributed heavily to Mike Moms' (unsuccessful) campaign in 2004 (and the Rogue Valley Realtors PAC to Rich Rosenthal's in 2012) also were the main finders of the League of Ashland Voters PAC in 2008 & 2010 and also this year with Ashland Residents for a Great City Council PAC. Their success in buying Council seats for their preferred candidates has been unbroken (apart from the failure of the overspent 2004 Morris campaign.) see LAV PAC funding at at hup://is.gd/ZsDiYO ARGCC PAC funding at htto://isgd/TMMhOO Mike Moms 2004 Campaign finances : htto'//ashland.or.us/Files/Michael Mor is.odf Impact of Ashland PAC still debated (11119112) The PAC, Ashland Residents for a Great City Council, endorsed incumbent Greg Lemhouse and newcomer Rich r Rosenthal, both of whom won. They also endorsed Jackie Agee, who is ahead of Councilor Carol Voisin by 13 votes What is your primary motivation for seeking the vacant council seat? To give a small voice to the ordinary, unrepresented citizens of Ashland What community and city activities have you been involved in? Planning Commission,Traffic Safety Commission (chair), Transportation Commission (chair), Jackson County Citizens' Library Advisory Committee, Numerous City Design Charrettes, Regular contributor to Council, Planning Commission, Historic Commission meetings etc. What is the role of the city councilor? To represent the voice of the people in policy-making and thereby to give clear direction to City Staff to enable them to implement those policies, all of course within the guiding framework of our Comprehensive Plan. Colin Swales 2 1~ O~ 1 4 Z~12~///J November 8, 2012 Ashland City Council ey. 20 East Main Street Ashland, Oregon 97520 L~ Honorable Councilmembers: For the past eight years I have developed a record of accomplishment in community service and leadership in both the private and public sectors. As a successful deaf and disabled Gay-Lesbian-Bisexual-Transgender-Intersex-Queer identified (GLBTIQ) person, it would be an honor to serve the City of Ashland as the sixth Councilor. Throughout my career, my greatest achievements have been in my ability to manage complex aspects of community leadership in serving the public without reducing my dedication to an absolute standard of excellence. I have also excelled at representing and advocating for the broadly diverse stakeholder groups with which I identify. I have succeed at connecting between multiple-interest groups, given my increasingly responsible experience in the public sector. My leadership activities serving the public reflect my desire to bring a unique perspective to the City of Ashland. As my career experience has diversified, so have my varied leadership achievements. I plan to use these and other skills to make an immediate contribution to the Council. I have worked as a civil servant for twelve years at every legislative level, starting as a program coordinator for the State of New Mekico's Commission for the Deaf and Hard of Hearing, developing a state-wide network of Deaf and Hard-of-Hearing community connections. Using strong community outreach skills commensurate with an MBA in Administration from Rochester Institute of Technology, 1 successfully reached out to a community of over 10,000 members. This foundation led to increasing responsiblity in government that continues to this day. As a certified Contract Officer Representative at the US Environmental Protection Agency, I successfully analyzed and generated financial research documents for multi- billion dollar grant fund allocations. Furthermore, work at, EPA's Office of Congressional and Intergovernmental Affairs in Washington, DC involved effectively collaborating with leadership from diverse ethnic and professional backgrounds within cross-functional units. This high-caliber experience reflects the diversity and breadth of my government service, which will be very useful in supporting the Council's citizen committee process. While living in Washington State for eight years prior to relocating to Ashland, I served on King County's Human Services Levy Oversight Board, citizen oversight board is ' comprised of residents of King County with a diverse, balanced representation of people from different groups, organizations, and experiences. The board's mission involved monitoring and reviewing the expenditure of the regional human services portion of levy proceeds in accordance with an adopted Service Improvement Plan, which guides the activities of the King County Veterans and Human Services Levy. The levy, first approved by voters in 2005, allocated approximately $13.3 million per.year for six years to implement housing and human services. This high-level responsibility included analyzing and executing financial solutions within a federal grant-funded budget. Creative problem solving successfully contributed to a comprehensive multi-million dollar department budget. This extensive financial management and leadership expertise would be useful in implementing strategic and funding policies established by the Council.. As a longtime community advocate, my work involved collaborating between lawmakers and citizens of the community. From procurement plans to program budget reviews to marketplace evaluation, my use of community service and public policy is well documented. Additionally, my unique identities and team-building skills successfully demonstrates my ability to connect with people of all stripes and backgrounds. The application material I have enclosed covers the responses gathered and assessed during my residence here in Ashland, illustrating the high-caliber skills offered. Perhaps, we could interview at your convenience to discuss my other potential contributions as a fellow Councilor. I hope that you will look favorably at the information I supplied and I look forward to hearing from you soon. Thank you. Sincerely, Kevin Bernadt, MBA Kevin Bemadt's answers to the Council's questions 1.) What do you think are the biggest issues facing the City? Some of the bigger issues of the city have their roots in Ashland's unique geography: land use, water sustainability, even its being a north-south stopping point for those passing through the Rogue River Valley. This leads to issues the city has been facing for some time: how to promote sustainable land use? How to ensure clean and safe water use? How to restructure our roads and transport systems to address the merging of motorized and non-motorized transit. How to address the transients and other homeless that pass through the city daily? The concurrent issue of economic sustainability shadows the City at all levels of its decision-making process. With limited funds and resources, the City must make do with what it has available for a consistent revenue-generating stream to offset increasing expenses and responsibilities.. While daunting, this can and will be done with the support of the City's astute and unique leadership. 2.) What is your primary motivation for seeking the vacant council seat? I speak for the underrepresented but significant portion of the population. As a recently- transplanted millennial and Generation X'er, the fresh energy of innovative ideas and extensive well-rounded government experience will be extremely helpful for the council. Specifically, I wish to provide diversity, bring a unique voice to the city as a GLBT Deaf and Disabled identified person. Bringing a fresh perspective to a city motivated to improve itself and build strong partnerships will be an immense benefit to the Council. Consider the some of values the council shares: Participatory government. I have been participating in government for many years, both as a volunteer and as a professional. Having worked at all levels of government, 1 am intimately familiar with the lawmaking process and responsive visionary leadership demanded by constituents. Being engaged and speaking up for the diversity of the public, I have sat on several citizen community boards, advocating for those whom we serve, especially regarding critical community decisions. This extensive expertise will be extremely useful in our lawmaking work together. Natural Environment. My graduate studies at the University of Washington's College of Forest Resources and subsequent work at the Environmental Protection Agency has professionally trained me for the broad range of environmental issues. I can bring 6 years of sustainable environmental professionalism to the Council's table. Responsible Land Use. Having recently through-hiked the 2,668 mile long Pacific Crest Trail this summer, I value more than ever the sustainable use of land, water, and energy. Supporting transit, bicycling, and walking in the City's land use plans is a major motivation for someone who has traveled all across the world in all imaginable means: from rickshaws to tuk-tuks to public transit, and even once by dogsled. Diversity. This is a keystone for my contribution to the Council. As an openly gay gentleman, I can bring more recognition and awareness to a broadly diverse community. The massive turnout at this past summer's gay pride parade and its subsequent economic boom can attest to the revenue generating capacity and political clout of the GLBTIQ community. Furthermore, my deafness and disabilities allows for open dialogue on the benefits of sign language and contributions that disabled persons can give to the community. Having lived in several other countries as well as being trained in the challenges of institutional racism, I can speak for those who wish to have their unique needs and identities recognized. Economy. My MBA training taught me the values of small business economics, with special interest in leadership and encouraging the growth of a local-based economy. I am familiar with the government budgetary process, which will be extremely useful in the Council's fiscal and granting decisions. Like the council, I value an economy that creates wealth for all. Together, we can nurture homegrown business and connect local consumers to local products, supporting arts and culture, and especially connecting to Southern Oregon University, and supporting high quality public services. Distinctiveness. The pioneering efforts of having new blood on the council can bring the distinction of a diverse council that develops innovative approaches and to chart our own course together. Basic Needs. Being involved with human services for many years, I sincerely believe each person needs public safety, water, sanitation, adequate food, clothing, housing, transportation, and health care. While serving on the Regional Human Services Levy Oversight Board, I had a unique opportunity to collaborate with King County's. Committee to End Homelessness through the Mobile Medical Program, that provides basic medical care to homeless individuals and families, neither charging any fees nor requiring medical insurance. The effort to end homelessness through outreach, prevention, permanent supportive housing, and employment was widely acclaimed and continues to serve the basic needs for an under-served community to this day. Community. I believe Ashland is a unique and special place with a special set of leaders that have contributed much to the city and can take initiative to expand more. It would be an honor to join that team and bring my expertise and skills the council needs in its sixth position. 3.) What community and city activities have you been involved in? My community activities span the breadth from human services to community outreach and education to health care advocacy to active participation in citizen committees. Even more uniquely, within a few short days of arriving in Ashland, I was already involved in the Lomakatsi Restoration Ecology project. The Oregon Shakespeare Festival has benefited from my input as a deaf and disabled patron. I continue to seek and enhance opportunities to find solutions for the homeless through the Ashland Unroofed outreach activities, which discusses sustainable solutions for the homeless community between advocates, community leaders, and community members. These efforts build upon the foundations of my work on King County Regional Human Services Levy Oversight Board, I monitored and reviewed the expenditure of the regional human services levy proceeds in accordance with a Service Improvement Plan that guides the activities of the King County Veterans and Human Services Levy. Among many duties, I served on several committees: ending homelessness, strengthening families at risk, and resource management and evaluation. All of these will be extremely useful while serving on committees via the council governance processes. 4.) What is the role of the City Councilor? The City Councilor represents the people, acting as a liaison between the people and their communities. By leading the people in terms of community-level needs, the councilor makes decisions that balance the interests of the city with the needs and values of the people. Furthermore, I believe the Council can be embodied in one word: teamwork. Since all the councilors have unique perspectives and commonly shared values. I truly believe my role as Ashland City Councilor would be defined in terms of building successful relationships between each councilor team member. For example, Councilor Voisin would be able to benefit from a fellow spiritual practitioner who also likes to listen. Together, we would be able to promote our mutual values of diversity and compassion in addressing the much-needed issues of the homeless and transients. Like Councilor Slattery, I come from a family of teachers and have been a faculty member, myself. Together, we world be able to have honest intelligent discussions about critical issues facing the city, as well as our mutual passion in the travel industry. He might even be interested in hearing some of my learning lessons in Peruvian, Ethiopian, and Russian hotels. Councilor Silbiger and I would enjoy our mutual love of writing: the lessons he would have learned from his journalistic commentaries could be a brilliant guide for honing my travel writing skills. Together, we could pursue our mutual interests in business administration and leading the commumiy to be the best it ever can be. It would be wonderful to "talk shop" with Councilor Morris in our common interests in land use and transportation issues. Having been trained at the University of Washington's College of Urban Planning (now College of the Environment) and studied land use under Seattle Public Utilities, I would be able to connect with a homegrown leader on issues near and dear to both. Together, we could lead the way forward with far- sighted sustainable infrastructure projects such as bioswales and greenways. Like Councilor Lemhouse, my effort to switch from civil servant and community leader into statesmanship is a huge career change. It would be an honor to follow his successful pathway in joining the Council as the problem-solving body it is. Together, we could review proposals and discuss ideas regarding sustainable technology, open space protection, and forest resiliency. My work with Cascadia Consulting Group, a Seattle- based environmental consulting group, would be of great interest for him in creating strong relationships with the city's partners for sustainable technology ventures. Like all the other Councilors, I truly believe we all are together as a team of the mind, spirit, and heart. Our mutual values and motivation are the glue that binds us all together as a cohesive six-member team that can transcend such degrading challenges that befall many established political bodies: partisanship, infighting that would lead to an inability to govern effectively. That is not why each of us desires to lead the City of Ashland. Indeed, with all our diverse perspectives brought together on the same table, we can be the best Council there is. Yes, together, we can do it! KEVIN BERNADT, MBA 391 Beach St, Ashland, Oregon 97520 KevinB78kgmail.com OBJECTIVE: To serve as Ashland's sixth City Councilor, which will provide opportunities for growth and challenges. SUMMARY A highly skilled and experienced professional who has achieved levels of excellence in many aspects of civil service and community action. Possess the creativity needed to achieve objectives and exceed goals. Have demonstrated the ability to lead and harness the strengths of team members through effective diverse communication, planning and cross-cultural competency. Lastly, have demonstrated the ability to bring resilience and innovation to solve seemingly insolvable problems. Seeking to join an organization that demands excellence and rewards achievement. EXPERIENCE United States Environmental Protection Agency, Region 10, Seattle, WA, Specialist 9/06 to 9/08 • Certified Contract Officer Representative, with budgetary oversight • Developed, designed, and negotiated government contracts for vendors, including but not limited to local interpreter service agencies. • Screened and evaluated vendors for contract compliance. • Scheduled and secured budgets for various projects. • Processed vendor compliance criteria for the upper management communication accommodation in accordance with ADA and local state laws. • Oversaw financial processes in obligating and disbursing funds for vendor services provided • Configured contract invoicing and payment. Coordinated substitute needs when situations arose. • Pioneered policies and procedures for purchased and contracted' services. • Oversaw two programs, supervising program operations employees. • Maintained program statistical records in accordance with requirements. • Verified certification of individuals and firms matching program requirements. • Devised rules and user-friendly procedures for standard operating protocols. • Participated on nation-wide topic discussions. Collaborated with internal committee members for accomplishing program functions, providing direction and support in activities. • Presented grant fund statistical analyses for executive administration approval and disbursement. ICBernadt.SSP.DI, Sole Proprietorship, Small-Business, Seattle, WA, Owner 3/05 to 9/10 • Owned and operated WA state licensed sole proprietorship business • Developed and designed contracts with agencies in Seattle area • Processed and maintained business legal documents, financial records, customer accounts • Developed marketing relationship with target audiences, obtaining significant customer support Washington Vocational Services, Mountlake Terrace, WA, Job Developer, 11/05 to 1/06 • Developed relationships with potential employers for deaf customers. • Conducted and presented market research and statistical analyses for customer employment opportunities • Successfully placed numerous customers with employees. University of Washington, Seattle, WA, Program Manager II, 3/04 to 9/05 • Developed and established interdisciplinary research program strategies, policies, and literature. • Ensured program compliance with UW, federal and state regulations, including analyzing research and legal documents. • Set up electronic and hard copy files, tracking document flow. • Balanced multiple concurrent projects with creative solutions. . Followed through with high accountability for work products and services. . Supervised and led operations team of 11.5 employees Oversaw and administered medium-sized program budget. . Developed and monitored spending plans. . Conducted payroll, purchasing, and financial bookkeeping expenditures. . Updated and maintained client participant databases. Developed and designed integrated database. . Oversaw screening, storage and retrieval of confidential electronic records. . Evaluated effectiveness of information/public relations/outreach activities and identified public information needs. . Designed effective marketing outreach strategies. . Recommended and executed methods for information dissemination. . Presented and publicized program and outreach projects to recruit participants from diverse backgrounds, ethnicities, ages, and communication abilities. . Developed outreach website, printed materials, and public presentations. Highline Community College, Des Moines, WA, Instructor, 3/04 to 9/04 . Developed curriculum lesson plans, procedures, and projects using local resources. . Instructed persons of diverse ages and backgrounds in broad project and field base course topics. . Identified individual student section training needs and provided field work training programs and projects. 10,000 Years Institute, Bainbridge Island, WA, Assistant Administrator, 5/03 to 7/03 . Developed and compiled database information systems in Geographic Information Systems and MS Access. . Conducted business and marketing analyses for clients, office management and non-profit administrative responsibilities. . Prepared market assessment and review reports. • Gathered and analyzed information to develop recommendations to the institute directors to make decisions and establish standards for document production, forms generation, and automated forms systems. . Contracted with Hoh Indian Tribe for research study. . Mined data by gathering, manipulating and using records from multiple computer systems. New Mexico Commission for Deaf and Hard of Hearing Persons, Santa Fe, NM, Program Coordinator 10/02 to 05/03 . Provided telecommunications outreach and community education to New Mexico State citizens. . Developed and established state-wide education outreach program policies and procedures. . Advised director and agency administrators regarding public interest and responses to proposed projects, issues, and policies. . Supported agency staff developing outreach strategies. . Provided program administration, marketing, and outreach support. . Designed and implemented effective educational'outreach strategies. . Developed & maintained program databases. . Drafted, edited and disbursed public information material promoting the program mission and policies. . Designed and conducted effective educational outreach techniques for citizens, including one-on-one individualized training. . Organized and conducted town hall meetings, workshops, seminars and training sessions. . Evaluated effectiveness of program outreach activities and recommended appropriate changes. Cascadia Consulting Group, Seattle, Washington, Contract Employee, 4/02 to 10/03, 2006 . Coordinated community outreach program in King County. . Statistically analyzed and evaluated program efforts. . Determined target audience information needs for educational programs within each target community . Conducted program surveys to evaluate program effectiveness Collected and analyzed research data. . Reviewed and proofed research survey documents for accuracy and detail. . Revised and edited research study documents. . Designed and implemented data quality control review of data sets. Edmonds Community College, Lynnwood, WA, Substitute Instructor, 06/02 to 09/02 . Substitute taught standard core curriculum. National Technical Institute for Deaf, Rochester, NY, Visiting Faculty, 09/00 to 06/01 . Instructed, tutored, academically advised and mentored undergraduate deaf students . Conducted research collaboratively with other members of the academic community. . Fulfilled program, department and university service assignments as requested . Advocated for diversity and disability awareness to college faculty and staff. . Developed strategies for disability accommodation for students in the classroom. Assisted students in transition from special education settings to college level vocational rehabilitation settings, . Built and enhanced relationships with school-age secondary schools and institutions. Rochester Institute of Technology, Rochester, NY, Event Manager, 9/97 to 06/00 . Responsible for planning, set up and execution of large, campus-wide event activities such as concerts, festivals, keynote speakers. . Responsible for contract negotiations, budgetary development, office management, bookkeeping, and supervision of staff and volunteers. Rochester Institute of Technology, Rochester, NY, Program Coordinator, 9/97 to 06/00 September 1997 - June 2000 Rochester, New York . Assisted program manager in developing and generating presentation documents. Lead team workgroups on confidential human relations issues. . Supervised the selection, training and evaluation of outreach staff. . Coordinated office operations, involving program budgeting, bookkeeping, and accounting practices as needed for compliance with finance rules. King County Developmental Disabilities Division Advisory Board, Department of Community and Human Services, King County, WA, Board Member, 302 to Present . Represented the board at various functions and committee. Provided input as a self-advocate, disabled role model, and product of the DD, IDEA system ideals. Participated planning, development, and implementation of natural environment strategic plan for diagnosed disabled children ages 0-3 with all service provider contractors and vendors. Participated in strategic decision making and advocacy with WA State legislature. Committees: . Natural Environment Leadership Team . King County Interagency Coordinating Council . KCDD Planning/Housing/Employment Committees King County Regional Human Services Levy Oversight Board, Department of Community and Human Services, King County, WA, Board Member, 9/06 to Present . Participated in oversight board for Regional Human Services Levy funds. Reviewed and responded to funds procurement plans. Represented the board at various functions and committees. Provided input as a self- advocate, disabled role model and community representative. Participated planning, development, and implementation of strategic plan for procurement funds Committees: --Human Services Fund --Homeless Housing Committee --Communications Committee Program Evaluation Committee --Joint Veterans Mental Health Committee University of Washington, Seattle, Washington Disabilities Outreach Information and Technology Program, Keynote Speaker, 2004, 2005, 2006, 2007, 2008 . Presented "How to Succeed as a Disabled Person in Higher Education" keynote speech to high school students, community college audience and higher-education advocates at the "is There.Life After High School Conference" DEGREES AND TRAINING Rochester Institute of Technology MBA in Management & Leadership (2001) BS in Biological Sciences (2000) BS in Applied Environmental Science & Technology (1998) People's Institute Northwest (2005) Training in Undoing Racism- University of Washington (2004) Certificate in Geographical Information Systems l CITY OF -AS H LA N D Council Communication November 20, 2012, Business Meeting Second Reading of an Ordinance Amending AMC Chapter 3.08 General Personnel Policies and Employee Responsibilities FROM: Dave Kanner, City Administrator, kannerd@ashland.or.us SUMMARY The City Council, at its business meeting on November 6, 2012, approved the first reading of this ordinance to implement significant revisions to 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 Page I of 2 MAR CITY OF ASHLAND • considered an affirmative defense in proceedings before the Oregon Government Standards and 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 Council approve the second reading of the ordinance. SUGGESTED MOTION: I move to approve the second reading, by title only, of an ordinance titled, "An Ordinance Amending AMC Chapter 3.08, General Personnel Policies and Employee Responsibilities" and adopt the ordinance. ATTACHMENTS: Proposed Ordinance. Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 3.08 GENERAL PERSONNEL POLICIES AND EMPLOYEE RESPONSIBILITIES Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, The 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„ and eonside-ation of employee welfare 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 policy 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 project 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. shall engage in any business or transitetion N whether paid or- e f whoeh is interest, or- shall have a finaneial or other- personal d.reet or- e publie interest or would tend to impair independenee of judgment of aetion in the as distinguished from Personal, finaneial, interest ineludes an interest ar-ising from blood or marriage relationships o business, elose business or politien! assoeintion. Nothing herein prohibits a pubhe effieer from engaging in any e Commission or Committee, (e.g. Planning Ordinance No. Page 4 of 34 Commissioners engaged in real estate pursuant to 0- -RSS 117 040 nr- Building Code Board of A ppealso) 1 A A4C- 1 C /1A 2001 m mber° engaged in speeffie trades) lneompatible Employment. No employee shall engage in or neeept pAvat employment or- r-ender serviees for private interests when sueh employment o sem4ee is ..atible with the proper diseharge of that ple t'ee's off:o.:•.1 duties- or would tend to impair independenee of judgment or- setion in the perfermfiflee o that employee's offleial duties. i. $iselesure ofz Confidential inf^rniati No...ublie offleial sh ll, wit- ~r~pe~ legal ) government or affairs of the City. Nor shall any publie offieial use sueh information to °dyanee their f:..o.. eial o ate interest or the f:nflne l o ...t ,.:°t^ ..^°t o.f s^`h^_^ ) p~ Z Gifts and L`o...o..... AL.....61ie of fleial shall iteeept ..........1....61e gift ...1...11.....:n the- to their knowledge is interested direetly or- indir-eetly in an), maniter whatsoever- in form gift, business dealingswith the City, nor- shall any sueh employee (1) aeeept any favor- or- thing of value that mfty tend to influenee the empleyee in the diseharge o ) their duties, or (2) grant, in the diseharge of their duties, any improper- serviee or- thing of value. 4. Representingi Private interests Before City Ageneies or Courts. No employee whos-e ssiary is paid in whele or- in part by the City shall uppenr- in behalf of private interests before imy ageney of the City. An employee shall not represent private- interests in any netien or- pr-eeeeding against the interests of the City in an), litigation to whieh the City is ti unless the employee is Representing himself/herself as, -R ) . . - on pureb, personal business. No appointed offleial shall appear on offleial is appointed. No publie offieial shall seeept a retainer- or- eampensation that is eontingent upon a C Contraet° with the Cit.. Any ....61ie o.ffleial who has substantial r ..trolling finaneial interest in any business entib,, transoetion or eontmetwith the City, or in the sale of real estate materials.. ...lies. o. ° to the Cit....6..11 .....60. 6..o....n to the proper authority sueh interest in any matter- on whieh that publie offieial MR), A publie offleial shall not be deemed interested in nny eofitmet or- pur-ehikse or sale of land or other thing of value unless sueh eentraet or sale is meommended, f entered into, eapaeity. Ordinance No. Page 5 of 34 • rnDiselosure of interest in Legisintion. Any employee or- appeiHted offleift! Who has a ancial a other p ate interest and ho pa"t:aipates in discussion with or gives other appropriate authority the nature and extent of Sueb 4ntpr-pqt. !7. ARa"a D....t..i.,tiye State Law Provisions. T tithing in thi.. Ardi^o^oo relieves -r publie offieer-s and employees from.eemplianee with more restr-ietive state laws ..bjeet to more estrieti..,. C-enfliet of interest D..,.. isions pursuant to ORS 244.135.) 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 Bain 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 disclosing 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 meeting 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 given 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. the administr-ative sen,iee shall use the prestige o their- sition in behalf of any politienl party. No employee in the °dministratiye semie shall orally.f by latter or of ,....isef soliek a,. be in any manner ned .Biking assessment, any party; nor- shnil at] employee be a part), to sueh solieftation by others; nor shall an employee to-k-pe, fl-petivee part in polities! eampaigns for- enndidates while.in the per-fer-manee of duties in an offl 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 job 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 -ems of Ethics and State Ethics Law; Responsibility for Defense. [Ill en a employee has doubt as to the phea6:1:4.. of a provision of this eode to a par-tieulfir- situation, they should apply to the City Administr-ator-,who is ehar-gedwith the implementation of this eode for an advisery opinion, and be guided by that opinion when given. The employee shall hnve the oppor-tunity to present their inter-pretation of deeision is made. All sueh requests for- adviee shall be treated 11~ eonfidentifth This eode shall be operative in all instanees eover-ed by its pr-ov-sions exeept when superseded by an appheable statute, or-dinnnee or resolution, and eseh statute, or-dinanee or- resolution Ordinance No. Page 8 of 34 netion is mandatory, or w6en the appliestion of a statute, or-dinfiflee or resolution prevision "'liseretio..n", but det'.°..':ned- 4'. be more ate 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 advisorv 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. W. 2. Appointed and Elected Officials. When an appointed official or an elected official has doubt as to the applicability of a provision of this eede to a piwitieular situafien, they should apply to the Mayor for it determination and City Counedwill be infer-med of the ipquiry. The offleial seeking-ft d..t^rmiHRt:^r °l...ll 1.... 41........... r4..r;4., 4.. -.resent any faet° they deem mlevan to the determinati They shall also have the opportunity to present any final, or-gument they may tinve as to what they deem an appropriate determination. The Mayor- may request the City Attorney to provide an advisory opinion based upon the faets presented. The of the Mayor as to the appheability unless -a major-it), of the Couneil enlis up the determination for- revie", by the full Coufted at the meeting following the deter-minationz 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. €H.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 employment. d7. 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, (2006-version) 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 effieer 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 Appear-attee, Diseipline, Termination and Appeah f to the employee's position a important in gaining f yer-ahl...o. bhe opinion of th City's • neat, Eaeh employee should strive to maintnin a appeer-anee. 1. Employees in the uniform sen,iees should pay par-tieular attention to being in proper uniform and present a neat and well gropmed general appearanee. lxhpn tr-anqaefing their- own business affairs, employees of the City are expeeted to 2 Noa t.. o.... '•f i. ork performed : octant Proper- attitudef ...t...,.. and a ...1....t and off the job are of :...°°..tanee to tl a individual as ...dl a^ t^ tl`e Cit.. All City employees o good in publie relations •aa"1 All r-epresentatives of the City. ) regardless of hether- publie o ..boat.. are d:reet o nd:reetf a whether they fire by telephone or- in per-son, shall be .oour-b..o.... eff.. ient and helpful to all thei ....,...1. relations, .and shall do the best job possible e I . - 4. Favorable impressions ereated by the employee's eoui4eous publie relations develops goodwill and support fer the City sen,iee. in publie eity offleials, eity administrators, fellow employees, and the eitizenr-y expeet City employees to do their- wor-lk property and effleiently and to assume an obligation 0 whole, loyalty and interest in the City's Welfar-e. Loyalty is due the City sen,iee as a not merely the par-fieular department in whieh the employee is wor-king. A City employee should take pride in sen4eing the loeal gover-nment and should strive to advanee the City's interests wherever- possible, to defend it against unjust ) B t to otoat its p rty) and to be of genuine a to the people of the !`:b. AshlSand aTJrtRcr. upon an), employee for- failing to fulfil their- responsibilities as an employee. Condue ..e fleeting dise..ed:t upon the City OF department a.... hieh i a direet hindranee to the effeetive pei4rmanee of City funetions, shall be eonsidered good eause for- diseiplinfiry aet:a.. General reasons forwh:eh an employee may he diseiplined inelude but are no4 iRni{CfTZo! 1. Drinking intoxieating bevernges or- use of illegal drugs while on the job, or- ar-rivin drugs; on the jeb under- the influenee of intoxieating beverage or- illegal duty, 2. Alielation of a lawful insubordination, breneh of ) ) 3. Being absent from wer-kiwithout per-mission or failing to report to the supen,isor- or Depar-tment Head when absent; 4. Being habitually absent or tar-dr, S. Failure to perform assigned work in an effleient f beingwnstefal of f time; 6. Abusive language or- eenduet; Ordinance No. Page 11 of 34 7. inability to get along with fellow employees so that wor-li being peFfor-med is hindered or- below required , 8. Committing a felony or- being eonvieted of H miSdemennor involving mor-a turpitude-, 9. Use of religious, polideal or fraternal influenee in the pursuit of City business; In Willful flogrant violation of safety rules-, 11 Violation of the City's Coda of Ethies nelude the folio ing.t E ca""' of Diseiplin2fyA aria-, Diseiplinn..., aetion may 1 Ora! reprimand 2. WAtten reprimand I Ta-"atv~'v"^ ~cmirt • 4. Suspension ~gc A.....1iseiplina. , action i sed upon an employee shall be protested only as ft ) grievanee through the reguinr gr-ievanee pmeedure. in the administration of the City shall fellew due proeess as required by law-. application, meaning or interpretation of these polieies shall be settled through the ean the City and non union employee groups (Ashinnd Munieipal Code.Seetion 3.04.090). in the event of a picket line, employees who refuse to eress the pieket line shall be deemed to be engaged in a prohibited str-ike and shall be subjeet to diseiplinary aetionz in the event of resignation, awritten resignation should be submitted to ) .employee's the preferably not less than ten (10) working days. Sueh fletiOll Will be a eredit to th employee's reeord and faeflitate the hiring and training of a per-son to fill the vaenney. 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 tide iob requirements. 2. Applicants must submit either a completed City application form or a resnine 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 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, a member of the City Council, or the appointing power; or as otherwise provided for in ORS 639.131- 659A.309. (Ord. 2060, Ordinance No. Page 12 of 34 D • 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 resume 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. hyery 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 Pr-obationa" Peri9d. Regular employees promoted into a highe elassifiention shaill serve a pr-omotionnl probntiona", period of six (6) fall months. T). 14AIIFS of Mminess. The hours duringwhieh the City offiees and departments shall open for- business shall be deter-mined by the Gb, Couned open reeammendatien of the City A dministr-ator IP Utpndonpp Full time employees shall perform a full dny'swerk eaeh and every employee for some unavoidable reason eannot report for- that employee is f expeeted to natify their- supen4sor- or Department Head not later than the beginning of is eon°:d°°°d to be indiff°"°°°° to the City's interest and inn), result in diseiplinary AeOtr I 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 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. FD. Departmental Rules and Reguulations. 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 Eemployees will be entitled to inspect their his/her personnel record two (2) times during eaeh ealendar- 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. Alaeaneies and Promotional Opportunities. it shall be the pohey of the City that whenever- avaetkney oeeurs, it shall be open to appliennts fFem both within ftndWithOut the City serviee. in the event that VA,o (2) or more applieants for- a job are equally qualified, City employees shall be given first pr-eferenee. The City shall he the sale judge of an employee's qualifleations and ability. Outside EmployM221. Outside employment shall be permitted onlywith the express • pr-iorwr-itten approval of the City. The g ral p plea to be follo ed by the Cit_, i ~ permitting or restrieting sueh outside employment AnIl be: 1 The need fa.. m ntany and . hysieull , alert City employees; 1. insulating employees from potential a n fliet of interest situations-, z , Ordinance No. Page 14 of 34 • Maintaining effieieney unimpaired by other e par-fieular-ly for- those Cit3, positions requiring employees to be available for- duty PA,enty four- (24) hours a day. in the event that the above pr-ineiples are violated, the City may revoke previously granted permisqian_ 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 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. Iim+t~Residency within the Urban Growth Boundary is encouraged for-the City 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. LHMileage and Travel Expenses. AR pleyee required to report for speeial duty ° eempensated for sueh use. Expenses will be reimbursed for costs associated with travel while on City business in accordance with the City's travel reimbursement policy. eeneeming attendanee at conferences, eenventiens and ether fneetings at City expense will be fflade by the Mqjtn~~ Depai4ment Mead. with the approval of the eity Administrator. Permissien t....ttend ....,.h t:«,.....:II be °«°«t°,1 an the basis of an seeiety when it is deeffied te be in the best interest ef the-C4ty-. the trip. immediately tipafi feturn, expense sheets shall be filled eut by the efnpleyee. Review and approval by the Depai4ment Head will be required prief to payment by the D:reet. r of Finan.....1........4.......4 NI. Selling and Soliciting among Employees. -in ehar-itable purposes or other reasons will be allowed i yees dur wor-king hours unless appy-oved 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. OJ.Cost Consciousness. FNeFy City employees as a eit-ozen and- , should minimize expenses whenever ieni) 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-K.City Equipment. City fef effieial use anh. in na ease is City equipment to be used for pri .,.t° 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 3.08.030100. 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 eft City equipment, or City property, the accident should be immediately reported to the employee's supervisor and the Safety Coordinator- City's risk management team. A Ay Coordinator-, responsible for- the administration of the Cib,'s- sa€et~, pr9graNt ISM Recover,, 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 the.4 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 Offie 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 gob 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,;; o~ 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, flianagenient the City Administrator, on the recommendation of an emplovee's supervisor, may at any time ehoese 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 (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 shadfalls 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 City. 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. B. Vaea4ions. Vaeation leave taken shall nat be in exeess ef that aettially aeerued at the time4t is take... and generally : of anted to „ fiew pleyee prior to the e pletion of nix (6) and depaAmental peliey. Vaeation leave shall be requested on femis provided by the Git and should be subfflitted fiat less than thifty (30) ealendar days pfief to the fifne requested. Vaeations shall be approved by the Depaftment Head, and where eenfliets arise, senierit) shall prevail exeept in the ease of Depaftment Heads and- theii immedinte. C. Sielk Leave. Employees accrue sick leave at the rate of eight (8) hours per- month of full sen,iee (12 hours per month for 56 hour/week personnel). Employees may use siel leave when unable to perforni their work duties by reason of illness or DB.Aeeident-, Health; and4fommW Insurance. Accident, hHealth 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 e employment 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. FC. 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 FR. Utility Di (Repealed Ord. 2769, 1995) G. Other- Benefit Provisions. All other- eniployee benefits ineluding speeifie pr-ovisions fe holidays, siek leave, and '-flPAt4F1Rq Sho" hp, union eontmets and- other form-fil agreements between the Gity and non union employee group 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 iob 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 E Being habitually absent or tardy, 9. 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 followings 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- disciplinary 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 lob 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. Xor non-represented employees, the following procedure for processing formal grievances shall be followed: 1. STEP 1: 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 Il,• 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 II, 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 judgment 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 employee 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 JuIV 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 1534 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 injury, 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 iob 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 maV 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 f. Earthquake g. Flood h. Terrorist threat i. Civil unrest In the event of a declared emergency resulting in closure of City offices, employees must report to alternate City offices that maV 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 job 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. Lavoffs/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 f. Work record g. History of discipline and/or corrective actions h. Knowledge of the program, department, and organization i. Special skills or certifications i. 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 emnlovee'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 emplovee'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 12012, and duly PASSED and ADOPTED this day of 2012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 12012. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 34 of 34