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HomeMy WebLinkAbout2014-0106 Study Session PACKET CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, January 6, 2014 Siskiyou Room, 51 Winburn Way 5: 30 p.m. Study Session 1. Look Ahead review 2. Discussion of Current City of Ashland Utility Subsidy Programs (Request of Councilor Marsh) 3. Discussion of Electric User Tax (Request of Councilor Voisin) 4. Discussion of ordinance updates: City Council Rules (Chapter 2.04), Boards and Commissions Rules and Procedures (Chapter 2.10), and Miscellaneous Chapters (2.18 and 2.28) (continued from December 2 and December 16 study sessions) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Meeting Look Ahead • `THIS City of hland Co IS A DRAFT AKUBJECT TO CHANGE***** Departments Responsible 1120 1121 213 2/4 218 2117 2118 313 314 3117 3118 3131 4/1 4114 4/15 20 ~St'u_d~IS_ess'onZC-_anceledrMLkfJr Da / o 1/zt ~Re ular Council Meetin v21 1 Two trail easements Don/Barbara Parks CONS 2 Approval of council liaisons for SDC working group (Mike/Mayor) PW Mayor CONS 3 Approval of Council Liaisons for 2014 (Diana/Mayor) Admin NEW Review of Medford Water Commission's recommendation on PW 4 SDC's and approval of a letter of intent regarding SDCs (Mike) NEW 5 First Reading of an ordinance amending AMC 6.04, Business Legal ORD-1 ORD-2 Licenses Dave K. ere [Stud'ISession i'nTSiski ,ou Room 2/3 6 Discussion of conservation easement on Imperatrice Property Admin SS (request of Councilor Lemhouse 7 Discussion of potential ordinance to ban the carrying of loaded Admin ss weapons (request of Councilor Voisin 2/4 --M ularCounciTMeeti~ 2/4 8 Discussion of possible ordinance related to seismic requirements CD NEW in new construction Bill s Job Council contract proposal Adam Admin NEW 10 Second Reading of an ordinance amending AMC 6.04, Business Legal ORD-2 Licenses Dave K. Approval of new film & television production prolicy, ordinance, Admin ORD-1 ORD-2 and rate resolution Ann REs ere ~1 oaITSettln Session IMI va 12 Review, consolidation and update of current biennial goals Admin GOAL 2/17 ~tud'ISession Canceled[(P.[esidentsjEa ' vn z/1a ~Re ulularCounc'iITMe'etin I - - IMI 11=1 10111111111111111111111111111 2/as 13 Transportation Commission annual update to Council Mike PW PRES 14 Unified Land Use Ordinance (ULUO) update (Bill) CD PH ORD-2 ORD-1 15 Verde Village Development Agreement Amendment Bill CD NEW 18 Second readin of film & television policy ordinance Ann Admin ORD-2 3/3 Executivv-Te Session i - ® 3/3 17 Pursuant to ORS 192.660(2)(i) -Performance Eva[. EXEC 3/3 Stud Session in S slZi .ou Room =11111 IMI IMI M 1111=1 3/3 18 AFN business plan Mark Electdc/IT ss 3C4 ~Re'ular Councl]]Me'etin4319 19 Unified Land Use Ordinance ULUO update Bill CD ORD-2 3/ Stud Session in Siski .ou Room ~ 7 3618 W ularCouncilMeetin 3I zo Tree Commission annual u date to Council Bill CD PRES z1 Plastic ba ban recommendations Adam Admin NEW Page 1 of 2 1213112013 City of Ashland Council Meeting Look Ahead *****THIS IS A DRAFT AND SUBJECT TO CHANGE***** Departments Responsible 1120 1121 213 214 2/8 2117 2118 313 314 3117 3118 3131 4/1 4114 4115 3131 ~$tUCI Session inlSiski .ou Room /3 441 III=Re ularConci1me'etin'I11111111111111111111111111111®!!!!!!!!!!!! 4i1 4/1a Stud Session in Siski -ou Room / 4 4/a5 R- erg 4/a5 Commission Presentation Dates - 2014 February 18 -Transportation Commission March 18 - Tree Commission April 15 - Historic Commission may 20- Fire Wise Commission June 3 - Band Board Jul 15 - Forest Lands Commission August 19 - Conservation Commission September 16 - Airport Commission October 21 - Public Arts Commission November 18 - Housing and Human Services Commission December 16-Planning Commission • Pa• of 2 92/3112013 CITY OF ASHLAND Council Communication January 6, 2014, Study Session Discussion of Current City of Ashland Utility Subsidy Programs FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Councilor Marsh requested a review of all of the current utility subsidy programs that the City of Ashland provides. This item gives that review, along with information regarding the monies budgeted and spent for each program for the past few fiscal years. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland provides three programs to assist low-income residents with their utility bills. The programs are managed by a combination of the Utility Billing Department and our Senior Program. The Senior Program reviews all applications submitted to determine eligibility, and works with applicants as needed to ensure the applications are submitted with the proper documentation and required information. The first program is the Ashland Low Income Energy Assistance Program (ALIEAP), which has been in place since at least 1982. Ashland utility customers whose income is at or below 60 percent of Oregon's median income can receive a maximum credit of $300 to their electric utility bill. Credits of 50 percent for seniors and disabled persons may be given for up to six months and credits of 50 percent for others may be given for up to three months. Applications for the ALIEAP program are accepted from October through January. For the last five fiscal years, the ALIEAP program as assisted an average of 409 residents per year with an average relief each year of $212 per applicant. For the 2013- 2015 biennial budget we anticipated distributing $200,500 for use in the ALIEAP program ($97,500 FYI 4 and $103,000 FYI 5.) Please note that we have only budgeted $155,540 ($77,000 FY 14 and $78,540 FYI 5) in the biennium, which means the electric fund will have to make up the estimated difference of $44,960. The second utility assistance program is the Senior and Disabled Utility Discount Program. This program has been in place since 1972. The City offers a year-round discount on Ashland utility bills for income-qualified persons aged 65 or older, or qualified disabled persons aged 60 or older. Eligibility for this program is two tiered; a 30% discount is based on meeting the Housing and Human Services Federal Poverty Guidelines for that year, and a 20% discount is based on being within 125% of those poverty guidelines. For the last five fiscal years, the Senior and Disabled Utility Discount Program has assisted an average of 127 residents per year with an average assistance of $234 per applicant. For the 2013-2015 biennium, we anticipate the need to distribute $72,100 in Senior and Disabled Program funds ($35,700 FYI 4 and $36,400 FYI 5.) However, we have only $60,600 in the budget ($30,000 FY14 and $30,600 FYI 5), which means the electric fund will have to make up the estimated $11,500 shortfall. Page 1 of 2 Ir, CITY OF ASHLAND The third program is the Emergency Heat Program, which was approved by Council in 1992. In this program, residents of any age who have received a disconnect notice on their utility bill may, once a year only, receive assistance with their bill. Assistance is offered depending upon available funding. This program is funded through donations from the public and from the Electric Fund. The public may donate either directly to the Heat Program or by choosing the Round-up option on their utility bill, wherein their bill is rounded up to the nearest whole dollar and the extra funds are put to the Emergency Heat Program. For the past five fiscal years we have received a total of $28,763 in donations and have distributed $24,907 in emergency heat assistance. Any monies donated which are not needed in the Emergency Heat Program are used to offset the annual budget shortfall in the ALEAP. All of the City of Ashland's utility assistance programs are promoted in a variety of ways, including; publishing information in the newspaper and the City Source; direct contact with citizens in the Senior Program; posting information on the City's website. In addition, options relating to the programs are part of the on-line payment system. Information regarding the programs are on the door hangers that are hung for those citizens who are subject to non-payment turn off. Additionally, the utility billing clerks help anyone who has problems in paying to connect with any program in the public that may work for them. Staff does not pursue additional advertising because of limited staffing resources and we are already discounting or offering more financial assistance than we have budgeted or donated. In addition to the City of Ashland's assistance programs, many local agencies have a variety of programs for utility or heating assistance such as; LIHEAP, Oregon HEAT, ACCESS, Department of Human Services, Jackson County Fuel Committee, and St. Vincent De Paul. Please note, this is by no means a complete list ofprograms available to Ashland residents as many faith organizations also have assistance for those in need. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None, this is informational only. SUGGESTED MOTION: N/A ATTACHMENTS: Budget Breakdown of Ashland Assistance Programs October 18, 2011 Council Communication February 4, 2003 Council Communication November 26, 1991 Memo to Council Ordinance 2673 and Resolution 92-22 Additional Jackson County Programs (LIHEAP, Oregon HEAT, Etc) Page 2 of 2 FY 2=1`5 FY 20U9 f1' 2010 FY 2011 FY 201%2 FY 201% LIE Cit, -funded Assistance Pro ram Actual Actual Actual Actual Actual3 Tar et Tar et Low Income Energy Assistance Applications 345 405 442 395 456 445 475 Distributed $ 72,522 $ 81,915 $ 91,948 $ 86,331 $ 99,902 $ 97,500 $ 103,000 Average relieflapplicant-family $ 210 $ 202 $ 208 $ 219 $ 219 $ 219 $ 217 Senior/Disabled Program Applications 118 125 124 132 140 139 142 Distributed $ 20,979 $ 29,163 $ 30,496 $ 33,119 $ 36,385 $ 35,700 $ 36,400 Average relieflapplicant-family $ 178 $ 233 $ 246 $ 251 $ 260 $ 257 $ 256 FV 2009 FY 201= FY 2011 FY 2012 FY 2013 Fl' 201'4 FV 20115 Donation-funded Assistance Pro ram Actual Actual Actual Actual Actual Tar et Tar et Donations from the Public Heat $ 1,121 $ 2,086 $ 3,053 $ 2,307 $ 2,762 $ 3,400 $ 3,600 Roundup 3,301 3,621 3,446 3,467 3,599 3,500 3,600 Total Donated $ 4,422 $ 5,707 $ 6,499 $ 5,774 $ 6,361 $ 6,900 $ 7,200 FY 20U9 FY 2010 FY 2011 FY 201%2 fY 2013 FY A FY 2=11S Total Assistance Pro rams Actual Actual Actual Actual Actual Tar et Tar et Distributed Amount Low Income Energy Assistance $ 72,522 $ 81,915 $ 91,948 $ 86,331 $ 99,902 $ 97,500 $ 103,000 Senior/Disabled Program 20,979 29,163 30,496 33,119 36,385 35,700 36,400 Heat Program 7,490 2,460 5,500 5,257 4,200 5,500 5,500 $ 100,991 $ 113,538 $ 127,944 $ 124,707 $ 140,487 $ 138,700 $ 144,900 Budgeted Amount Low Income Energy Assistance $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 77,000 $ 78,540 Senior/Disabled Program 11,275 11,275 11,275 30,000 30,000 30,000 30,600 Heal Program 5,500 5,500 5,500 5,500 5,500 5,200 5,304 $ 91,775 $ 91,775 $ 91,775 $ 110,500 $ 110,500 $ 112,200 114,444 1% of Distributed/Budget 110% 124% 139% 113% 127% 124% 127% CITY OF ASHLAND Council Communication Report on Utility Assistance Program Meeting Date: October 18, 2011 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: Consent Question: Does Council have any questions or direction for the Administrative Services/Finance Department Customer Service Division regarding management of discount or assistance programs in place to aid customers in paying their utility bills? Staff Recommendation: This is a report and does not require action. If Council wishes to make significant changes in programs or management practices, staff suggests a study session be scheduled to consider implications and implementation of proposed changes including potential revisions to the Ashland Municipal Code. Background: At the recent Public Hearing to adjust electric rates there was considerable discussion regarding assistance programs currently provided by the City and others. The City's direct assistance programs include the Senior/Disabled Assistance program identified in AMC 14.02.015 and the Ashland Low Income Energy Assistance Program initiated prior to FY 2007. These programs are funded by Ashland. The ALIEAP support was implemented to be proactive by mimicking what is done by investor owned utilities as required by the PUC. Payments through all of these programs are accounted for by the City's Customer Service/Utility Billing Division so some information is available. City-funded FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Assistance Programs Actual Actual Actual Actual Actual Target Low Income Energy Assistance Applications 316 277 345 405 442 440 Distributed $ 55,409 $ 65,212 $ 72,522 $ 81,915 $ 91,948 $ 88,500 Average relief/applicant-family $ 175 $ 235 $ 210 $ 202 $ 208 $ 201 Senior/Disabled Program Applications 126 128 118 125 124 137 Distributed $ 27,965 $ 28,006 $ 20,979 $ 29,163 $ 30,496 $ 32,000 Average relief/applicant-family $ 222 $ 219 $ 178 $ 233 $ 246 $ 234 Page 1 of 4 orpFAIR CITY OF ASHLAND Citizen donation programs include Heat and Roundup. IRWIN FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 012 - Assistance Actual Actual Actual Actual Actual Target Donations from the Public Heat $ 1,234 $ 1,711 $ 1,121 $ 2,086 $ 3,053 $ 2,800 Roundup 2,155 3,208 3,301 3,621 3,446 3,300 Total Donated $ 3,3891 $ 4,919 $ 4,422 $ 5,7071 $ 6,499 $ 6,100 The following table sums all uses for assistance managed by the City of Ashland through the coordinated efforts of the Senior Program and the Customer Service Division. FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Total Uses Actual Actual Actual Actual Actual Target Distributed Amount Low Income Energy Assistance $ 55,409 $ 65,212 $ 72,522 81,915 $ 91,948 $ 88,500 Senior/Disabled Program 27,965 28,006 20,979 29,163 30,496 32,000 HEAT Program 1,141 160 7,490 2,460 5,500 5,500 $ 84, 515 $ 93, 378 $100,991 $113,5381 $127,9441 $126,000 Budget $ 83,775 $ 91,775 $ 91,775 $ 91,775 $ 91,775 $110,500 of Distributed/Budget 101% 102% 110% 1240/6139% 114% Please note that some of the public donated monies actually went toward the ALIEAP program over the years in that the goal was to provide an average of $70,000 in assistance per year. There are other assistance programs available to help families in financial hardship such as Access and those coordinated through local churches. These are not directly accounted for by the City so information on the level of assistance is not as readily available. Access and St Vincent DePaul provided the following information for the last two years: Page 2 of 4 OFFIR CITY OF ASHLAND FY 2010 FY2011 Access Total Assistance $ 75,600 $ 69,969 Households Helped 267 261 Average Asistance $ 283 $ 268 St. Vincent De Paul Total Assistance $ 16,308 $ 20,207 Households Helped 101 115 Average Asistance $ 161 $ 176 The above tables do not take into account the considerable staff time and effort to manage City programs and to help coordinate non-city assistance. Staff does not have a good means of capturing such data in that this work is significantly integrated to the other daily tasks they perform. Although we routinely see it occur, the City has no quantifiable information to support the amount of direct assistance customers receive from other social organizations and good Samaritans. It should also be understood that some customers qualify for and receive the benefit of multiple programs, whether funded by the City or not. The City has insufficient resources to track this kind of information. Finally, during the session a proposal from the public raised questions about the benefits, and detriments, of establishing a moratorium on service disconnections from November through March each winter. Staff believes it would be better to remain proactive and help customers stay current through assistance rather than establish a policy that defers accountability. The key issues from a staff perspective are: 1. Customers requesting help with utilities need it immediately. Often they are already behind with other expenses. 2. Delaying the requirement to pay something will mean a larger balance (think balloon payment) will eventually come due. 3. Customers who fall too far behind often find it insurmountable to get caught up. Such a program could send the wrong message to Ashland's seasonal customers. There is a risk that the temptation to skip on the large utility balance owing in the spring will become too great and result in larger write-offs for the utilities. This would seem to be a backward, uncontrolled way of providing additional assistance. And, if this does occur, the City not requiring utility payments for many months and inducing renters to skip could negatively impact rental property owners who may not receive rent for the last few months. If a study session is warranted staff would suggest all elements of the billing and collection process be included in the discussion to ensure the entire process meets current policies and operating needs. Page 3 of 4 ~r, CITY OF ASHLAND Related City Policies: AMC 14.02.015 Ordinance 2062 Resolution 92-22 Council Potential Motions: No motion is required to maintain the programs that are in place today. Attachments: AMC 14.02.015 Page 4 of 4 City of Ashland, Oregon - Municipal Code http://ashland.or.us/CodePrint.asp?CodeID=2834 14.02.015 Senior Citizen Discount A. To qualify for the senior citizen discount, a person must be 65 years of age or disabled and 60 years of age and the total household income shall not exceed the Federal Community Services Administration poverty guidelines. B. The senior citizen discount shall only apply to the applicant's residence. C. A senior citizen desiring to receive a utility discount must submit an initial application to the City on forms provided by the City. In order to maintain continuous qualification for such discount, the senior citizen shall, not later than June 30th of each ensuing year, file an annual application for renewal on forms provided by the City. The City Administrator, or authorized designee, shall determine whether the applicant meets the qualifications and requirements of the City. D. In special hardship cases, a committee of two City Council members and the Senior Program Director, may recommend the City Administrator grant exemptions to the foregoing income limitations where the circumstances justify such exemptions. (Ord 2673, 1992) 1 of 1 10/ 12/2011 12:59 PM CITY OF -ASHLAND Council Communication TITLE: Project Round-Up Proposal DEPT: Electric & Telecommunica 'on DATE: February 04, 2003 SUBMITTED BY: Dick Wandersche' APPROVED BY: Brian Ahnqu' Synopsis: Low-Income Energy assistance is becoming more of an issue as Ashland's electric rates rise. This staff initiated proposal would allow a voluntary round-up of utility bills to the nearest dollar with the additional funds being solely devoted to bill paying as:.istance for low income customers. Recommendation: Staff recommends the Council direct staff to implement the Round-Up program Fiscal Impact: Since all additional funds generated will be reallocated for bill paying assistance there should be no fiscal impact to the City. Background: In 1999, the Oregon legislature passed an electric deregulation bill that deregulated the Investor Owned utilities in Oregon. As part of that bill, these utilities were also mandated to begin a low-income bill paying assistance program Publicly owned utilities (Municipals, PUD's and Coop's) were also required to have a low-income program implemented by October 2001. The IOU's were required to collect and re-distribute a total of $10 million beginning on Oct. 1, 2001. The Public utilities were given considerable discretion in program design and funding levels. The City of Ashland implemented its low-income program in FY 2001-02 and it has continued during the current budget year (02-03). We utilized the same formula that the IOU's were required to use and this resulted in an annual budgeted amount $67,000 for bill paying assistance. In 01-02, the program was initiated in January 2002 and all of the money was spent. During this budget year the program was started in November, 2002 and to date all funds have been allocated. Because of increased wholesale rates from BPA, the city has had to increase its retail rates considerably over the last couple of years. This has increased the demand for energy assistance funding beyond the amount available under the utility's program. Electric/Telecommunication Dept Dick Wanderscheiddteid, Director Dick OMAN 90 N. Maintain Ave Phone: (541) 488-5357 Ashland, OR 97520 Fax: (541) 552-2436 Many public utilities in the United States operate a "round-up" program to provide public purpose funding. A round-up program rounds up customers' bills to the nearest dollar each month and the extra money is then devoted to public purpose programs. There are two ways that utilities typically operate this type of program. The first is what is called and "opt in" program. What is means is that customers must actively approve enrollment in the program The other is an "opt out" program. Here the customer is voluntarily enrolled unless they actively ask to be left out of the program. The opt out approach typically results in higher participation levels but also can result in more complaints from customers who didn't notice the need or forgot to opt out of the program It would be a policy call by the council has to which method to use, should the council decide to implement this program. In discussions of this proposed program with the utility billing staff, they felt strongly that the 'opt in' approach would be the better avenue to pursue. while this will no doubt result in more customer contacts, they felt that customer discontent would be higher if we enrolled everyone in the program instead of having customers enroll themselves. If we are successful in getting 3,000 customers to voluntarily agree to this program, base on an average cost of $6.00/year, we would have an additional $18,000/year in additional revenue to be used for bill paying assistance. Higher numbers of participants would result in more available dollars for this purpose. Also, since this money would be donated by citizens, the City could use the money to pay for water or sewer billing paying assistance where warranted, which isn't allowed under our current utility funded program. Dick iccommwicacto Dep[. ~ Di wandaanaers~eie, Director 90 N. Mountain Ave Phone: (541) 488-5357 Ashland OR 97520 Fax: (541) 552-2436 of-tea em a ran Aunt November 26, 1991 '•.O4EG0~ Mayor and City Council ~p Jill Turner, Director of Finance *biett: Heat Assistance Program Proposal Recommendation: Staff recommends that the City Council authorize the Mayor and City Recorde? to enter into an agreement with Oregon Energy Ser vices, Inc. Discussion: Ashland residents are in need of a heat assistance program other than the Low Income Energy Assistance Program administered by ACCESS to replace some of the expected 32% reduction in their last years allocation. A quote from Friday, November 1,. Mail Tribune stated "although ACCESS spent $584,461 in federal funds last winter to help 2,700 households with heating assistance payments, it had to turn away 600 households because severe cold weather drained all of the energy program's funds." Proposed is an emergency heat assistance program contract between the City of Ashland and Oregon Energy Services, Inc. Oregon Energy Services, Inc. is a state wide nonprofit agency with a goal of helping low income Oregonians meet their household energy needs and assist them toward energy self- reliance.' The initial contract is for emergency .assistance only, but can be expanded later to include energy counseling. The local contact agency for emergency assistance will be the Salvation Army. Promotional activities relating to Oregon Heat will be a joint effort between the City and Oregon Heat. The City would provide $2,000 initially, but is committed to match dollar for dollar up to $5,000 for fiscal year 1991-92. A fifteen percent administrative fee is deducted, with five percent going to Oregon Heat and ten percent going to the Salvation Army. Donations will be sought throughout the community from the general public and service organizations. These donations are to be tax deductible as a charitable contribution. Heat.Assistance Program Proposal November 26, 1991 Page 2 The following restrictions apply to the applicant: 1. Applicant must be a City of Ashland residential utility customer whose income is below 150% of the Federal Poverty Level. 2. Maximum grant of $125 per household per year. 3. Applicant must present a current monthly bill bearing their name and address. i 4. Disbursements will be sent directly to the energy suppliers. H:pemP~heet . COMMUNITY Grant cut ma leave soma people, 'C- 10,. By SttISAN JAY DeJong advises that low-income Although ACCESS spent, $964,- f Mail Tribune Stall Writer familes find other alternatives for ' 481 in.federal Funds last winter to Wood-burning advisories start today help 2,700: hasennlda with heat- i paying their heating bills this win, 1 ~o , rt had to . Sent, 0low-income Jackson Jackson County's woodstove advisory began today,,the first day of the ter, such as arranging monthly pay., paYm ts county "reslden[s may be left in winter heating season. menu with their utility company turn awi&.60ti households because the cold this winter because of cut- The telephone number for.me advisory is 7713-9000, which reaches a before the 72-hothr cutoff notice ar- sevete.&o, leather drained all of per. program's Olllds. becks In a federally Funded heating recording that is updated until 11 a.m. each daY• rives. the en-3 assistance program. The number was printed incorrectly in Thursday's Mail Tribune.. ' N~ - . Karen DeJong,, the program The story also incorrectly listed the burning restriction for residents of "I don't want these people going Beeaase;of last December's ex- manager at ACCESS Inc., said this unincorporated Jackson County on yellow days. Burning is allowed on cold and there's a chance this tt'eme cold'sp?Or reduced funding year's grant from the Department yellow days in state-certified stoves as long as no visible emissions are might happen;" DeJong said. and a higher per-household de- of Health and Human Services produced. The 50-percent limit on opacity (density) of smoke applies only "There is nothing we can do to mand, ACCESS had stopped tak- could be 32 percent less than. last on green days under the county ordinance. control the situation if we're out ing appointments by Jan. 10. year's total of $584,461. The money The restriction for red days is the same as for yellow days - of funds," she said. burning is allowed in state-certified stoves providing no visible emissions Of the households that did re- finances the Low Income Energy . are produced. Another resource for help with ceive.d..Onanclal '"assistance, 1,100 Assistance Program (LEAP). Within the city of Medford, no burning is allowed on red days, paying healing bills is the Salva- were . seniors. .475-were disabled DeJong said she will know the and owners of state-certified stoves may burn on yellow days with no tion Army's Project Help, which and 1,125 were low-income fami- exact amount of the cut in the next limit on opacity. will begin after Jan. 1 and CERV S lies, couple of weeks. emergency heating funds from the DeJong said to qualify for the The reason for the cutback was annual income, is applied toward However, assistance won't be dis- Federal Emergency Management program, households. have to earn unclear. Federal and state officials the balance of the recipient's heat- bursed.until after Jan. 1, she said. Agency. 125, percent of the federal poverty reponsible for the program could ing bin. • Those applying for the program project Help assists low-income level - - not be reached for comment today. DeJong said ACCESS will start will have to call 779-9020 to make pacific Power and Light custom- The program's first priority is today calling those seniors and dis- an appointment For those outside . Under those guideline, a single ers pay their heating bills or di- can earn a maximum of helping senior and disabled county abled clients who relied on the pro- the Medford area, the toll free vide large bills into smaller, peri- residents, followed by low-income gram last year to, see if they still number is 1-800-452-2403. odic payments. $690 a month or $8275 a year; a amity'of_.two; $925 . a month, $11,- - families, with cone-time payment quality. ` Several offices will be located C that's applied as a credit to their ACCESS will start accepting throughout the county to take ap- CERVS' emergency program 100 annually; a, family of three heating bill. _ . calls Dec. 2 from senior and disa- piirations, but not all the locations helps people who have received $1;160 a.month, $13,925 annually; a sThat,amount, which ranges be-, bled residents who haven't used have been chosen yet. shutoff notices and usually beginsfarml,Y;of four, $U96 a month, $16,- tween $95 and $250, depending on -the program before, and low-in= The Medf6rd.ollice will be at 18 at the end of the LEAP. program ip ,.•,750,atinua1ly;':a'fijmi1y- of five, $1,- the site of the household and its come families. DeJong said. Almond St- February or March: - 831,a ii4onth;-$19;575 a year. ORDINANCE NO.l AN ORDINANCE AMENDING CHAPTERS 14.04, 14.08 AND 14.16 OF THE ASHLAND MUNICIPAL CODE PROVIDING A PROGRAM OF UTILITY DISCOUNTS FOR LOW INCOME SENIOR CITIZENS AND REPEALING ORDINANCES 1747, 1766, 1860, 1884, 1972, 2054 AND 2062. WHEREAS, the burden of meeting living expenses falls heavily upon low income senior citizens subsisting on limited incomes, which have not kept pace with the rising costs of providing municipal services; and WHEREAS, the City Council believes that low income senior citizens should be given some relief from this burden by means of a discount on the water, sanitary sewer and electric utilities provided by the City of Ashland; NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: SECTION 1. Utility Discounts for Senior Citizens There is hereby enacted a Senior Citizen Utility Discount Program, the purpose of which is to reduce the monthly amount under the Ashland Municipal Code and various rate resolutions for water, sanitary sewer and electric service, to low income senior citizens. SECTION 2. Add to Chapter 14.02 of the Ashland Municipal Code: "Section 14.02.015 Senior Citizen Discount. A. To qualify for the senior citizen discount, a person must be 65 years of age or disabled and 60 years of age and the total household income shall not exceed the Federal Community Services Administration poverty guidelines. B. The senior citizen discount shall apply only to the applicant's residence. C. A senior citizen desiring to receive a utility discount must submit an initial application to the City on forms provided by the City. In order to maintain continuous qualification for such discount, the senior citizen shall, not later than June 30th of each ensuing year, file an annual application for renewal on forms provided by the City. The City Administrator, or authorized designee, shall determine whether the applicant meets the qualifications and requirements of the City. D. In special hardship cases, a committee of two (2) City Council members and the Senior Program Director, may recommend the City Administrator grant exemptions to the foregoing income limitations where the circumstances justify such exemptions." SECTION 3. Amend the first sentence of Sections 14.04.030, 14.08.035 and 14.16.030 of the Ashland Municipal Code is hereby amended by inserting the following words between the words "schedules" and "shall": "and senior discount rate" SECTION 4. Ordinances 1747, 1766, 1860, 1884, 1972, 2054 and 2062 are hereby repealed upon the effective date of this ordinance. The foregoing ordinance was first read on the 21st day of April, 1992, and duly PASSED and ADOPTED this -J -6C day of May, 1992. i Nan E. anklin, City Recorder SIGNED and APPROVED this / day} of May, 1992. Catherine M. Golden, Mayor RESOLUTION NO. 92-14 A RESOLUTION ADOPTING A SENIOR CITIZEN UTILITY DISCOUNT PURSUANT TO SECTIONS 14.04.030, 14.08.035 AND 14.16.030 OF THE ASHLAND MUNICIPAL CODE, AND REPEALING RESOLUTION NO. 92-18. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. Senior Citizen Utility Discount. If the applicant has met all of the requirements of the Ashland Municipal Code, the City shall, beginning with the next billing cycle after the date of the application, discount the total amount billed for water, sewer and electric service, not including connect fees, reconnect fees and similar charges. The amount of discount for the applicant's own residence shall be twenty r____.._ thirty percent for water?, and electric and sewer bills if the applicant's household income does'• not exceed the poverty guidelines of the Federal Community Services Administration, or p____.__ twenty percent for water:>f" electric and sewer bills if the applicant's household income does`not exceed one"hundred twenty-five percent of the poverty guidelines of the Federal Community Services Administration. in `--ship eases, x t to the F..__....3. _ _ I __.._~a4_____ eireeter, may grant -r- where the 'anees justify seeh emeeptinns. SECTION 2. The effective date of this resolution is July 1, 1992. SECTION 3. Resolution No. 92-18 is repealed. SECTION 4. Three (3) 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. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 5th day of ~Maavv,, 1992. 7 ~~rt Nan E. ranklin City Recorder SIGNED and APPROVED this o~Aday of May, 1992. s /-lw~~J loYaL Catherine M. Golden Mayor xfivoved a t orm: e l Itolte City Attorney (d:\cwnci(\resos92\senuti Ldsc) Low-Income Home Energy Assistance Program LIHEAP H~ar~n ty~ M c ~ Program Factsheet Program Overview: The Oregon LIHEAP program provides low-income Oregonians assistance with their home energy expenses. The LIHEAP program includes bill payment assistance, energy education, case management, and home weatherization services. Eligibility Requirements: Households wishing to receive assistance from the Oregon LIHEAP program must be at or below 60 percent of state median income. This eligibility requirement pertains to all components of the Oregon program including heating, crisis, and weatherization assistance services. Income Guidelines for Oregon (Program Year 2014) Effective October 1, 2013 Size of Annual Income MonthlV Income Family Unit 60% ol'Median 60% of Median 1 $21,706.88 $1,808.91 2 $28,385.92 $2,365.49 3 $35,064.96 $2,922.08 4 $42,744.00 $3,478.67 5 $48,423.04 $4,035.25 6 $55,102.08 $4,591.84 7 $56,354.40 $4,696.20 8 $57,606.72 $4,800.56 9 $58,859.04 $4,904.92 10 $60,111.36 $5,009.28 11 $61,363.68 $5,113.64 12 $62,616.00 $5,218.00 Each Additional $1,277.00 $106.42 Member Households may rent or own their property; however, rental/utility agreements and landlord cooperation may affect the kind or level of benefits provided. Continued - Pagel of 2 More information: Revised 12-17-2013 Phone: 1-800-453-5511 Option 2 or 1-503.986-2000 E-mail: EnergyAssistmce o hcs.state.or.us Low-Income Home Energy Assistance Program (LIHEAP) Program Factsheet - Page 2 of 2 Key Statistics: Program Year ouseholds Served* 2U1 To Be Determined 20'2 73,707 2011 88,686 010 92,372 _ 200• 98,524 2008 63,219 2007 57,163 2006 57,874 * Bill Payment Assistance only; does not include Heat and Eat, Weatherization, Energy Education, or Case Management Program Services. Funding: The United States Department of Health and Human Services funds LIHEAP through Congress. Each year, Oregon Housing and Community Services submits a State Plan that outlines how funding will be distributed to Oregonians. Delivery: All components of Oregon's LIHEAP program are administered through local Community Action Agencies in geographically accessible locations across the state. Individuals who are "homebound" (physically infirm) can request alternative application methods; including but not limited to: phone, mail, and/or home visits. OHCS encourages each LIHEAP service provider to design programs that best meet local community needs. Therefore, program policies and procedures may vary slightly between counties. Individuals wishing to apply for LIHEAP should contact their local provider at: http://www.oregon.gov/ohcs/CRD/SOS/docs/Get Assistance by County Oregon Housing and Community Services , 725 Summer St NE, Suite B, Salem, OR 97301-1266 www.ohcs.oregon.gov OREGON LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) AGREEMENT This Oregon Low Income Home Energy Assistance Program (LIHEAP) Agreement ("Agreement") is entered into between Department of Human Services, Oregon Housing Opportun m Patn shi HOY Program ("Agency") and Home Energy Supplier: _ ) ("HES"). Agency and HES may cage rred to as a "Party," or collectively as the "Parties." The State of Oregon, acting by and through its Housing and Community Services Department ("OHCS") is a third-party beneficiary of this Agreement WHEREAS, the Parties desire to provide a mechanism by which they can carry out the provisions of the Low Income Home Energy Assistance Program ("LIHEAP" or "Program"), and WHEREAS, the Parties desire to assure that the funds available under these Programs are used in accordance with the requirements of Title XXVI of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) and Title VI of the Human Services Reauthorization Act of 1984 (P.L. 98-558) and Title VII of the Augustus F. Hawkins Human Services Reauthorization Act of 1990 (P.L. 101-501), and WHEREAS, no HES shall be paid without signing an agreement for receipt of payments under the Program ("Agreement"). THEREFORE, in exchange for the mutual promises contained herein, the Parties agree to the terms and conditions set forth below. 1. Definitions 1.1 An "Eligible Household" is a household or customer that has applied for and been approved for energy assistance by the Agency by means of an Energy Assistance Authorization. 1.2 "Account Payments" or "Payments" are payments made by the Agency to the HES on behalf of an Eligible Household and may include pre- payment for fuel prior to its delivery, payment for bills incurred by the Eligible Household prior to the date of the application for LIHEAP assistance, and a line of credit for future usage. 1.3 "Energy Assistance Authorization" is a form that will contain the Eligible Household's utility account number, the name of the person applying for energy assistance, the name appearing on the HES account for the Eligible Household, the address of the Eligible Household, and the amount of the energy assistance for which the household is eligible. 1 2. ' Agency. Conditions' t 2.1 The Agency shall notify the HES of Payments to be made on behalf of an Eligible Household with an Agency report or a copy : of the Energy Assistance('Authorization, This :notification may !be oral;-' but:must be verified with`a.follow up:written report oiriauthoiization:+r' 2.2 The Agency shall pay all valid Energy Assistance Authorizations promptly and within 45 days (unless otherwise negotiated by the Parties and consented to by OHCS) after notification of commitment for an Eligible Household. 2.3 The Agency shall notify all Eligible Households of the amount of Account Payments made on their behalf to the HES. 2.4 The Agency shall keep the HES informed in a timely manner of any relevant changes in LIHEAP caused by changes in federal or state law. 3. HES Conditions Conditions Applicable to All HESs 3.1 The HES may refer its customers to the Agency for assistance. 3.2 The HES may charge an Eligible Household, in the normal billing process, the difference, if any, between the actual cost of the home energy used by that Eligible Household and the Account Payment. 3.3 The HES shall not discriminate, either in the cost of goods supplied or the services provided (including service charges, reconnection charges, and payment plan arrangements) against the Eligible Household. If the HES is a Public Utility Commission C'PUC") regulated utility, it shall adhere to the requirements in ORS 757.310, ORS 757.325, 13UC administrative rules and the regulated utility's PUC-approved tariffs. 3.4 No Eligible Household receiving assistance under LIHEAP will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements. 3.5 'A credit notation shall be promptly applied by the HES to the Eligible' Household's account as soon as the HES receives an Energy Assistance Authorization.' If possible; a line , identifying the : Payment as LIHEAP_- fitnds.iwill`.appear-`on the. billing statement after the Account Payment has been received by-the:l3ES and for:as long as. any portion of the Account Payment is being carried as a credit. Account Payments will be credited to the Eligible Household's account promptly after being j 2 received by the HES and in no event later than the next billing cycle. If the Eligible Household's Account billing includes items other than energy charges, Account Paymentsmay.only be:applied. as a credit toward energy charges. If-the Account, :Payment or-..credit, cannot be applied to energy charges; the balanceiremaining shall. be returned.,to:the.Eligible Household within.30 days-after the-HES-receives Ae,,Account.Payrrlent. 3.6 A reconnection charge or security deposit will not. be charged. to any Eligible Household except where such charges were HES policy prior to October 1, of the then-current:ycan LIHEAP Payments can be applied to those charges, if necessary. All deposits and accrued interest become the property of the Eligible Household and shall be returned to the Eligible Household at the time specified in the deposit agreement in a manner consistent with applicable PUC administrative rules, approved tariffs and. other law. 3.7 If the Eligible Household voluntarily closes the account, and an Account Payment results in a credit balance after all final charges have been applied, the credit balance shall be refunded to the Eligible Household. 3.8 In the event the Eligible Household cannot be. located within one year after service has been discontinued for any reason, then any unused .portion. of : the . Account Payment shall be returned to the .Oregon Department of State Lands as unclaimed. 3.9 The HES shall maintain an adequate accounting system .to allow verification of the amount of home energy delivered to Eligible Households receiving Account Payments. Auditors and/or investigators of the Oregon Housing and Community Services, the Oregon Secretary of State's Office, or the federal government, shall be allowed access to all HES LIHEAP records, which auditors or investigators determine are directly pertinent to this Agreement and reasonably needed to monitor and review the HES's compliance with the provisions of this Agreement. The HES shall cooperate in the conduct of such reviews. 3.10 If requested by the Eligible Household, the Agency will request the HES to provide, at no cost to the Agency or the Eligible Household, an annual consumption record .ofthe Eligible Household. 3.11 Agencies shall inform the HES if an Eligible Household is in a crisis or life-threatening. situation (as determined by local agency criteria). 3;12' PUC Regulated HES: •Upon notification of a commitment foi assistance, the PUC regulated=H1 S shall assist the Agency in resolving the energy crisis of an Eligible Household withirrthe timelines established by PUC administrative rules, the regulated utility's PUC-approved tariffs 3 applicable to disconnection and reconnection of service, and emergency medical certificates. 3.13 Non-PUC regulated HES: Upon notification of commitment, the non-PUC regulated-HES'shall assist the Agency in resolving the energy crisis of an Eligible Household within (1) business day. 3.14 If the HES is unable to assist the Agency in resolving the issue within the timeframes described in Sections 3.12 and 3.13 above, the Agency shall be notified immediately. Upon request, a written explanation of the reason(s) for non-compliance will be prepared by the TIES and submitted to the Agency for placement in the Eligible Household's file. Conditions Applicable Only to Bulk Energy Suppliers 3.15 Delivery of bulk fuel shall be made after the HES receives an oral or written Energy Assistance Authorization. Verification of delivery to an Eligible Household may be required by the Agency before an Account Payment is made. If the Eligible Household has an existing account with the HES and a balance is still owed after, the Account Payment is applied, the HES, should-develop a payment.plan with the Eligible Household. 3.16 Bulk fuel deliveries will be made in accordance with the normal business practices of the HES. 3.17 The HES shall only charge the Eligible Households up to its posted cash price as of the date of delivery. 3.18 In the event that the HES cannot deliver bulk fuel, the Agency will be notified immediately. If an Account Payment has been made, the full amount of the Account Payment shall be returned within 20 days of the receipt of the, funds to the Eligible, Household or foXwarded to the new HES at the Eligible Household's request. 3.19 In the event that services cannot be delivered by the HES because the Eligible Household has been disconnected for non-payment of service and cannot be reconnected because the Eligible Household will not enter into a payment agreement under terms acceptable to the HES, the HES will send to the Eligible Household any Account-Payment received by the HES on behalf of the Eligible Household within. 10 days after the. date on which a payment agreement could not be reached. If the HES has not yet received ..the Account. Payment, :the. HES will notify the Agency to send the payment directly to the Eligible Household...;.-: l 4 4. Termination 4.1 This Agreement shall terminate upon the earliest to occur of the following events: A it (a) wj <'A ;changes idthe=requirements of Title VII"of!the Augustus F. Hawkins Human Service's-Reauthorization Act of 1990 (P.L. 101- 501); (b) A change in the federal or state regulations promulgated under the act; (c) A change in the state plan for administering LIHEAP that affects the terms and conditions of this Agreement; (d) Thirty days' written notice of termination by either Party; (e) Mutual conseni of the Parties; (f) Any license or certificate required by law or regulation to be held by the HISS to provide the services required by this Agreement is for any reason denied, revoked, or not renewed; or (g) One year from the date of execution of the Agreement, unless the Parties mutually agree, in writing, to renew the Agreement. 4.2 Termination by'either Patty shall not discharge 'any obligation owed by either''Panty-0 the other of to'an Eligible Household or any liability, which has accrued prior to termination. 4.3 The Agency, by written notice of default (including breach of contract) to the HES may terminate the whole or any part of this Agreement if the HES fails to perform any of the provisions of this Agreement in accordance with its terms, and after receipt of written notice from the Agency fails to correct such failures within 10 days or such longer period as the Agency may authorize. 4.4 The rights and remedies of the Agency provided in Section 4.3 above related to defaults (including breach of contract) by the HES shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 5. Miscellaneous 5.1 Subcontracts - The HES shall not enter into any subcontracts for any of the services provided under this Agreement without obtaining prior written'approval from the Agency. 5.2 Amendments - The terms of this Agreement shall not be waived, altered, modified, supplemented or amended, in any manner whatsoever except by written instrument signed by the Parties. 5 5.3 Execution and Counterparts - This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 5.4 Severability If any court of competent •jurisdiction 'shall hold any •provision of this Agreement invalid or unenforeeable; such holding shall not invalidate or render unenforceable any other provision hereof. 5.5 Assignment - The HES shall not assign or transfer its interest in this Agreement without the express written consent of the Agency. 5.6 Waiver - The failure of the Agency to enforce any provision of this Agreement shall not constitute a waiver by the Agency of that or any other provision. 5.7 Independent Contractors/Workers' Compensation Coverage - The HES and the Agency are independent contractors under this Agreement and both covenant, warrant and affirm that neither they nor any of their agents, representatives or employees are an officer, employee, or agent of the other Party, of OHCS or of the State as those terms are used in ORS 30.265, ORS chapters 456 and 458 or otherwise. The HES and the Agency ;further., covenant; warrant . and affirm that they shall provide workers'. compensation: insurance. for their respective .Oregon employees and requireiby: contract that their subcontiactom-shall provide workers' compensation insurance for their respective Oregon employees. 5.8 Indemnity - The HES. shall save, defend (consistent with ORS chapter 180), indemnify and hold harmless the Agency, OHCS and their officers, agents, employees and members from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of the HES or its subcontractors, agents, or employees under this Agreement. Notwithstanding this Section 5.8, the HES shall not be liable to the Agency (in toil, contract or otherwise) for damages, of whatever nature primarily resulting from the negligence, gross negligence or willful misconduct of the Agency or of the Agency's subcontractors, agents or employees. 5.9 Successors in Interest - The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and assigns. 6 5.10 Attorney's Fees/Enforcement,- The Party prevailing iniany lawsuit on this Agreement, shall: be entitled to ,such additional sums as the court may adjudge for reasonable attorney's fees at trial and upon appeal and to all costs and disbursements incurred therein. OHCS may bring legal action to : •r i enforcc :any i provision, of this ;Agreement..Should,IOHCS substantially prevail:in:any.such legal.:action,:itshall:,be entitled•to payment of such sums from the nonprevailing Party or Parties in:such action as the court may adjudge for reasonable attorney's fees at trial and upon appeal and to all costs and disbursements incurred therein. 5.11 Force Maieure - The HES shall not be held responsible for delay or default caused by fire, riots, acts of God and war, which were beyond the reasonable control of the HES. 5.12 Choice of Law - This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to conflicts-of-laws rules or principles. 5.13 Effective Date - This Agreement shall be effective upon execution by both Parties. 5.14 Merger This Agreement. constitutes the entire Agreement between the Parties: No waiver; consent; modification or change, of terms of this Agr&mentshalhbfii&6ther'"Party unless-in :*ritifigcand: signed by buth Parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings;: agreements or representations, oral or written, not specified herein regarding this Agreement. The HES, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. 5.15 Mediation - If the Parties become involved in a dispute regarding any of the terms, conditions, performance; or any obligations under this Agreement, the Parties shall submit to mediation :prior to the commencement of litigation to enforce this Agreement. The mediator shall be an individual mutually acceptable to both Parties, but in the absence of agreement, each Party shall select a temporary mediator, and the temporary mediators shall jointly select the permanent mediator. Each Party will pay its own costs for the time and effort;nvolved in mediation and agree to split equally the cost of the mediator. Both Parties agree to exercise best efforts and act in good faith to resolve all disputes in mediation. The Parties shall mutually agree on the schedule and time allowed for mediation. The Parties shall comply with statutes and administrative rules governing the confidentiality of mediation, if any. 7 5.16 Headings - The section headings in this Agreement are for convenience only and shall not be considered part of or used in the interpretation of this Agreement. i 7""Y 1' 1- 1.-~ )-i t_Yl N ]l Home Energy Supplier Dated: Signature Name (Printed) Title (Printed) Telephone n Address City, State, and Zip Code Dated: A ncy Director _eA__- Dated: M4yr 8 Energy Assistance Referral Listing By County COUNTY AGENCY PHONE Baker Community Connection of Northeast Oregon Inc. (541) 523-6591 Benton Community Services Consortium (541) 752-2840 Clackamas Clackamas County Social Services Division (503) 650-5640 Clatsop Community Action Team (503) 325-1400 Columbia Community Action Team (503) 397-4951 Coos Oregon Coast Community Action (541) 888-1574 Crook Neighborlmpact (541) 504-2155 Curry Oregon Coast Community Action (541) 435-7080 Deschutes Neighborlmpact 541 504-2155 La Pine 541 536-8511 Douglas United Community Action Network (541) 492-3535 1-800-301-8226 x3535 Gilliam Community Action Programs of Eastern- Central Oregon 1-800-752-1139 Grant Community Connection of Northeast Oregon Inc. (541) 575-2949 Harney Community In Action - HCSC (541) 573-6024 Hood River Mid-Columbia Community Action Council (541) 386-4027 Jackson ACCESS (541) 779-9020 Jefferson Neighborlmpact (541) 504-2155 Josephine United Community Action Network (541) 956-4069 Klamath Klamath/Lake Community Action Services (541) 882-3500 Lake Klamath/Lake Community Action Services (541) 882-3500 Lane Lane County Human Services Division (541) 682-3378 Lincoln Community Services Consortium (541) 265-3293 Linn Community Services Consortium (541) 926-7163 Malheur Community In Action (541) 889-9555 Marion Mid-Willamette Valley Community Action Agency 503 588-9016 x300 (503) 588-6928 x300 Morrow Community Action Programs of Eastern-Central Oregon (541) 276-1926 Updated 1011912013 Energy Assistance Referral Listing By County Multnomah Multnomah County Department of County Human (503) 988-6295 Services Polk Mid-Willamette Valley Community Action Agency 503 588-8491 x300 503 588-9016 x300 Sherman Mid-Columbia Community Action Council (541) 298-5131 Tillamook Community Action Team (503) 842-5261 x203 Umatilla Community Action Programs of Eastern- Central Oregon (541) 276-1926 Union Community Connection of Northeast Oregon Inc. (541) 963-7532 Wallowa Community Connection of Northeast Oregon Inc. 1-800-772-3840 Wasco Mid-Columbia Community Action Council (541) 298-5131 (503-615-0771 Washington Community Action of Washington County energy@caowash.org Wheeler Community Action Programs of Eastern- Central Oregon 1-800-752-1139 (503) 687-1480 Yamhill Yamhill Community Action Partnership Toll Free: 1-855-216-5289 Updated 1012912013 INFORMATION. NSPIRATION I RESOURCES NEED HELP PAYING C,rvglt-c~.t~m..a, C ® Jackson County assistance programs. ® Find rental assistance The federal govemme n is providing stimulus fords to local programs. For example, the Upper Rogue Community Center has received thousands ofdollars in Federal Stools Fords m provide residents renal assistance. The community center will be able to provide qualified Upper Rogue residents ore time free rent assistance grants for up to $400. To receive help from this program, the fantily or individual most have applied but not necessarily have been accepted for unenployneol benefits on or before July 2008. Ifyou are not qualified under this criteria, the Upper Rogue Community Center also received grants and finds from the Walker Foundation for rental, emergency, and prescription drug assstannce. Farnirs and i dWoak who live in Shady Cove, White City, Eagle Point. Prospect, and Butte Falls need to know that there is heap available from the center through these trying meet on economic tunes. Anyone who is interested in applying for aid should call ft ewer m make an appomarent mncct with a counselor. In addiition, the thrift store on location is also the berefeiary offeden d stomps finds through the Job Comek and the store will be open longer hours. The Upper Rogue Community Center is located at 22465 Highway 62, behind city Ink it Jackson County Oregon ® Help with bills from ACCESS, Inc. ® This is the community action organmtian for Jackson County. They have several programs that can help low incone people, people with dsabifitles, and chddrea - Housing assistance, including "with rent and paying your mortgage. Last year the ACCESS Inc. Family Services Coordinators helped ahrost 600 families with getting lousing assistance. The support they can _ - = provide is Mlp with paying for I or 2 nnnds ofekher a mortgage or rent. There arc program qualifications that reed to be met. For example, ifa hemehekd is applying for mortgage or rent assistance, the applicant reeds to prove that they are the primary resident and are responsible for the payment. TM applicant also needs to provide a copy ofthe lease or mortgage docurrem Also, 14 s located to but once per year. And only lower income people can receive these grants. Another place tom for heap is The Medford Salvation Army. They 14 individuals and families by NeedlialpPayingBills _ providing homing Grads, wifiy bill asssunce, and helm stabilvnrg Uuu lives over the long term Other u,Mt asssmnce that may be available in Medford Oregon from the Salvation Army uelude free Christmas assistance, food, and gifts from the Angel Tree and Red Kettle. Case managers can also help fanufies foal homing, enpbyment, and really onprove their overall financial suction. Or apply for government assstarce, Like this site? such as fond stamps or LIHFAP, with the support ofa social worker. (541) 773-6965, or read Sahaton Army Jackson Oregon - $q { o { Energy and heating bill programs in Jackson Oregon - The assistance programs offered by ACCESS Inc to residents include the Energy Assistance Program, Wealhervaton Program, energy Efficient and Comur er Competency Program (E2C2), and the Energy - Education Program Almost 5,000 families were hear last year. - Owmk the energy assistance programs were created to heap low and moderate intone households pay for some oftheir utility or heating bills. Programs like weather®tion can also pea people reduce their energy bills by installing free upgrades and improvements to the hence. Various state, federal, and Utility cash grants foal the crergy program There are several other programs offered as well, oehding food aid, programs for seniors, and more. "Contact them at 3630 Auction Way in Medford Oregon ITT- Foreclosure Assistance and Counseling There are several local organdabn and non-profits to ton to for leap. They include the Rogue Federal Credit Union, which has joined forces with the Home Bunkers _ Association of Jackson County and other local businesses and nonprofit organizations to offer foreclosure prevention and assistance plaits for fanatics and individuals who arc in a faancal crisis. Ali educational senators are free to participants, and nertbershin at RFCU is not a requitement for attendance or to access - - the program Call 541-858-7328 to register. Another option is ACCESS Inc. This orgznmlaus also offers anrtynge and foreclosure help to these in W.. . financial reed. The orgnniTetion can be reached at 541-618-4012. Loam mere about Oregon mortgage program. Help with debts and foreclosures - mg~ pf- Call Medford Oregon based Consumer Count Connecting at (541) 779-2273. They provide assistance in attaaang and education on financial health for low income adults. Gel access in counselors who can provide - -_"f - foreclosure help, and team about debt management programs and plans. Medford and Jackson County emergency financial aid Saint Vincent De Paul has landed amounts ofhousuug and utility bill assistance. They provide social services and emergency assistance he those low income and struggling Jackson Oregon fimitics who have existing housing One time financial support can be pad out for utilities or rent. A free food pantry is also offered. Individuals reed to hove an eviction or shut offnotice. 2424 N Pacific Highway, Medford, Oregon y 97501, dial (541) 772-3828 611111 Salvation Army Family Services - May hays aid for frolics including free food, clothing, utilities, household dens, etc. The nom resource offered is known as Family Services. (541) 772-8149. Click here for information on program provided. - Rogue River Community Center- For famines in the mmcdalc community, pus an emergency food pantry for low income famLes, singles, and seniors that provides food boxes once a tooth, at most 12 lures per year. Call (541) 582-0609 for intake _ Northwest Seasonal Workers Association is based it Medford Oregon The center my be able to offer - emergency food and clothing medical care, job reforms, turned non-emergency dental, free or low cost legal advice, advocacy. Mary services are offered using bilingual information and referrals. Health, medical, and dental care Children can get free dental assistance from Children's Dental Clinic, phone nurber (541) 608-4249. Anotherlocalhealthchnic is the Jackson County based Community Health Center(541) 773-3863) which provides primary health care for those low income pwple who are under ensued and uninsured and can't afford to pay for their entire medical or hospital bill. Last but rot least contact the La Clinica, Kids Health Connection. (541)512-3912. Get access m primary and preventive health care. The programs focus on chddmn win we living m wry low to moderate mcmre levels in west Medfend Oregon Shady Cove Medical Center- Provides primary medial care and is a clinic for all ages includes family planning. _ White City -Community Health Center-The location is a primary and preventative Iealcare center. - They, provide prescription mrcdicnlan msstanz as well as diagnostic medical laboratory services. Clinics provide medical care from the time pregnancy is established to dclser to am= the health and well being of both child and mother. Call (541) 826-5853 for intake. Central Point Health Care - Services provided amt de medical and dental care. Specifically, score of the services include pediatric care, blood pressure screening, birth contru4 pregnancy testing, premtaFdeli ery care, women's specialty care, pain case management, family care, vision screening immunizations, chronic- _ condition care, drug and akoitol referrals, medical exam a lab services, sexually transmitted infection treatment, and also miner surgical services. Counseling and advice's also provided, which includes government benefits assistance, prescription expense assistance, FPFP, HEAP, and SNAP outreach 4920 Bannock Road, Central Pout, Oregon 97502, dal (541) 690-3600. East Medford Dental Clinic is located an 1300 Progress Drive. Phone mamber (541) 512-3900. Locate - mote Oregon dental clinics. Jackson County Health And Human Services is the county government medical center. Programs 14 with the following services, including infant care (Babes First, Healthy Stan), mnam¢atnms, Firmly Planning Expansion Project (FPEP), prenatal care, matem6y, case management, STD41IV testing teen pregnancy prevention services (STARS, RAPP), and health care coordination for children with special health reeds (Cacoon). O R E G O N HMNUGM-M Menu gy Assistance Are you looking for help to pay your utility or heating bill? Oregon HEAT works with over 30 partner agencies located throughout Oregon to help low-income Oregonians with emergency energy assistance during the winter months. Our agency network helps us determine eligibility and then Oregon HEAT disperses funds for emergency energy assistance on a first-come first-serve basis. Together with our many donors, we help keep the lights and heat on for those most in need. We help with all primary heating sources such as electricity, natural gas, oil, propane or wood. Oregon HEAT and its partner agencies would like to help all households requesting emergency energy assistance; however, there are simply not enough funds available to help every family in need. If you are looking for assistance With your heating bill, contact one of our agency partners to request assistance. Use our helpful search tool below to locate the nearest community or social service organizations near your home. Simply select from the lists of counties or enter your ap code and contact information will appear that may have Oregon HEAT funds available to help you. Customers of West Oregon Electric Cooperative, Inc., please click here (httpJ/www.oreaonheat.oro/energy-assistance/west-oregon- electric-customers/) to locate the agency that serves your utility. Choose your County - OR - Jackson Enter your zip code ype your zip and press enter Step Two: Find an organization in Jackson County ACCESS Phone: 541-779-9020 Alt: 541-779-6691 Fax: 541-779-8886 Website: httr)://www.accesshelos.orQ (htto://www.accesshelos.oral Hours of Operation: Monday-Friday 8-5:00 pm Appointment Required: Yes WaIkan'sAtIowed: No The Salvation Army- Medford 922 N Central Medford, OR 97501 Phone: 541-772-8149 Fax: 541-842-2489 Hours of Operation: Mon 1-4 & Tues-Fri 9-3 Appointment Required: No Walk-In'sAllowed: Yes Email Waitlist: kelly.beraaren(a)us.salvationarmy.org (mailto: kelly. beraaren(a).us. sal mtionarmy.ora) News & Events _ view all News & Events » (Ibloall Oregon HEAT's 2013 Annual Oregon HEAT Names New Exe )nlner&gBtenefitAuction was Director tt : ww cro erih~ ~ S_ c o er5,2 201 01 3a e (http://www - soli'PI1~~441rR AWW" f?~org/blo~go owne Plaza Hotel in NE heat- heat-names-new-executive-dire. Portland.... names- benefit eadMore)> new- Oregon HEAT Names New Executive auction- L re neat. r re on e xecutive-Director Joan Towers, seasoned is-a- heatsdinner-bene 't-aucti n-is - director non-profit professional, selected to ra eat- rea St. Vincent Paul Search Home Services Thrift Store Seerch a. • © • j'e '+nai e I Counseling the Poor and Needy - Monday - Friday, 10am - 2pm Being a Social Services counselor isn't getting any easier. Walk bythe entrance to Social Services anydayand you'll see a long line of people waiting outside, mast looking amdous and forlom. While all those waiting don't get to see counselors, our volunteers do all theycen. Theyfirst seek to determine if this is anew client or ifwe've helped before, since we can onlygive rentaland utilityassistance everytwenty,four months. Even this can ma challenge. Many people hale been struggling for so long, seeking out any agency or group they can for help, that its hard to remember where they've already received help. If it's a couple and they are with new partners, thatcan add confusion. If they appear qualified for assistance, we need to build a picture to 2012... of their income and expenses. The counselor wants to be firm but cem passionate. Everycese is different. It's important to not our munztonas9dOd over 43,000 individuals make eadyjudgments.If Me pension has seen us before, well find them on our computerized database. If not, theywill be and h.das We provided $425.000 in utility and entered into the database before they leave. Having a historyon-line has dram aically streamlined the job of our counselors. rental assistance. Much of the data collection is focused on determining whatincome the person is receiving, both active (unemployment, child support, etc.) and passive (Oregon Health Program, TemporaryAssistance to Needy Families, etc.), then establishing what expenses theyare facing and how theyare meeting them. Its also important b determine how manypeople are in the household. The counselor often recommends other sources of assistance, orways that expenses can be scaled back to improve the individual's budgeting. Counselors byte do some problem solving, but onlyso manypeople can be seen each day. Sometimes a little prying is needed, like when the person has significantexpenses buthas onlyreparted a fraction of the income needed to meet these expenses. The entire process is geared to determine what level ofassistance is legitimately required, how the individual can help themselves, and how we should assist. In the past our counselors mostofften dealtwith people who were down and out and had been for some time. Now theyalso see manymore people who have recentyfallen on hard times, people who have never had th ask forhelp before. Theyere, often our ne# door neighbors or friends. Some of fese applicants are so bothered byhaving to ask for help Mat fey break down and cry during the interview. Many people who are asking for help are just victims of a bad economy-families where both breadwinners have losttheirjobs or young people outof school with nojob openings to pursue. Todaywe just have far more needy people competing for far fewer relief dollars. Pollow usonFacebookl ,r^ s CITY OF ASHLAND Council Communication January 6, 2014, Study Session Discussion of Electric User Tax FROM: Lee Tuneberg, finance director, Administrative Services Department, tuneberl@ashland.or.us Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Councilor Voisin requested a study session discussion of the Electric User Tax. The City of Ashland adopted Ordinance No. 1879 on April 9, 1976, establishing an Electric User Tax of 25% on electric fees and charges to be direct revenue to the General Fund. This ordinance restructured amounts paid by customers to create a direct tax payment to the General Fund rather than having Electric Utility revenue transferred to the General Fund. In general, electric rates were reduced a commensurate amount to offset this change so that it had a neutral impact on the customer. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland, in 1916, began using "profit" from its electric utility as a General Fund revenue source. In the earliest days of the utility, this was done for the purpose of keeping property taxes low. As a result, and especially in light of Measures 47/50 in the late 1990s, Ashland property taxes are lower than they would otherwise be. In the mid-1970s, federal revenue-sharing programs based the amount of money granted to local governments on the level of local taxation. As such, on April 9, 1976, the City Council adopted Ordinance No. 1879, creating the Utility User Tax on electric service and lowered the City's electric rates by the same amount. Showing this General Fund revenue stream as a tax rather than as a transfer from the utility had the effect of increasing the City's federal revenue sharing by $220,000. Federal revenue sharing is now a distant memory, but the User Tax had a side benefit when, in 1981, the City began purchasing wholesale power from the Bonneville Power Administration. The BPA limits the amount of utility income a city can transfer to its general fund to 5% of revenues. However, the BPA does not consider the User Tax as utility income, so it is exempt from the 5% limit. In FY 2012-2013 the actual User Tax Revenue totaled $2.6 million. A historical review of tax revenue in the General Fund over the last five years is as follows: Pagel of 4 CITY OF ASHLAND GF Revenues 2009 Actual 2010 Actual 2011 Actual 2012 Actual 2013 Actual Average Average Property Tax $3,940,123 $4,417,040 $4,629,804 $4,413,137 $4,571,570 $4,394,335 29.4% Electric Utility User Tax $2,468,371 $2,557,225 $2,602,776 $2,626,738 $2,704,335 $2,591,889 17.3% Franchiselrax $2,573,355 $2,586,004 $2,766,220 $2,633,228 $2,774,205 $2,666,602 17.8% LicenseslTax $207,182 $203,654 $204,865 $210,341 $218,903 $208,989 1.4% Hotel/MotelTax $1,639,281 $1,880,596 $1,917,750 $1,910,756 $2,009,703 $1,871,617 12.5% Fees/Charges/Other $3,095,611 $2,787,069 $2,993,248 $3,854,314 $3,351,533 $3,216,355 21.5% $13,923,923 $14,431,588 $15,114,663 $15,648,514 $15,630,249 $14,949,787 100.091C General Fund Revenue $18,000,000 $16,000,000 $14,000,000 ■ Fees/Charges/Other $12,000,000 E Hotel/Motel Tax $10,000,000 $8,000,000 D Licenses/Tax $6,000,000 ■ Franchise/Tax $4,000,000 ■ Electric Utility User Tax $2,000,000 ® PropertyTax $0 2009 2010 2011 2012 2013 Actual Actual Actual Actual Actual Five Year Average Revenue Fees/Charges /Other, $3,216,355, }?i,"`lq%"'a^- 22% PPrrove rty Tax, ' ~irJp$4~35 . Hotel/Motel 29% Tax. $1,871, 17, Electric Utility 13 User Tax, $2,591,889 17% Licenses/Tax, $208,989, 1% Page 2 of 4 CITY OF ASHLAND FISCAL IMPLICATIONS: The Electric User Tax helps to pay for safety and base services provided in the General Fund. They are a part of the diversification of resources that protect the City from downturns in the economy or operations. An example is in FY 2012-2013 Public Safety activities totaled $12.1 million and property tax and user tax revenue totaled $7.5 million. The $4.6 million disconnect was made up by other fees and charges including franchises, charges for services and transfers. These "other revenues" also helped fund Community Development, Cemeteries, social service grants, the City band and others. It may be safe to say that the total permanent rate would be levied if the user tax was not in place or was reduced any material amount. GFRequirements 2009 Actual 2010 Actual 2011 Actual 2012 Actual 2013 Actual Average Average AdminslGrantslMisc. $1,171,188 $1,297,904 $1,345,264 $1,301,971 $1,529,568 $1,329,179 9.1% Public Works $285,235 $292,718 $297,274 $337,724 $282,274 $299,045 2.0% Com Dev $1,876,856 $1,652,816 $1,730,536 $1,781,351 $1,810,056 $1,770,323 12.1% Police $5,345,705 $5,463,162 $5,232,383 $5,645,100 $5,876,126 $5,512,495 37.7% Fire $4,933,221 $5,015,905 $5,251,735 $5,444,097 $5,804,808 $5,289,953 36.2% Muni Court $422,428 $419,469 $432,486 $430,507 $437,057 $428,389 2.9% $14,034,633 $14,141,974 $14,289,678 $14,940,750 $15,739,889 $14,629,385 100.0% General Fund Requirements $18,000,000 $16,000,000 $14,000,000 ■Muni Court $12,000,000 $10,000,000 ■ Fire $8,000,000 It ~I, f 93Police $6,000,000 j ~ i ~ w~! I'VII I u, II ~ ■Com Dev P u I6 ,i $4,000,000 ER Public Works $2,000,000 ■Admins/Grants/Misc. $0 2009 2010 2011 2012 2013 Actual Actual Actual Actual Actual Page 3 of 4 CITY OF ASHLAND Five Year Average Requirements Corn Dev, $1,770,323 , Public Works, 12% $299,045, 2% Police,- $5,512,495„. -38%'.. Admins/G an s/Misc. $1,329,17 9% Muni Court, $428,389, 3% Changes to any major component, revenue or expense, may have a significant impact on other rates or services provided. It should also be noted that even with the Electric User Tax in place, City of Ashland electric utility rates are 17% lower than Pacific Power rates, using comparison of average residential customers (see attached chart). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council review the information provided, ask for clarification and provide direction necessary. SUGGESTED MOTION: This is a review so no Council action is necessary at this time. ATTACHMENTS: Ordinance No. 1879 Comparison of electric rates Page 4 of 4 ~r, ORDINANCE NO. ~8 79 AN ORDINANCE OF THE CITY OF ASHLAND, OREGON ADOPTING A UTILITY USER TAX UPON THE USE OF ELECTRIC FACILITIES AND SERVICES; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Section 14.16.070 shall be added to the Ashland Municipal Code to read as follows: "14.16.070. The billings for rates and charges set forth in Sections 14.16.030 to 14.16.060 inclusive of this chapter, shall be discounted by twenty percent (20%) "Rates" and "Charges", as used herein, shall mean charges for metered energy, minimum charges for service, demand charges, customer charges, service charges, capacity charges, standby charges, use-of-facilities charges, and all other annual or monthly charges. This section shall not apply to agencies of the United States Government, the State of Oregon, or any other utility customer exempted by law from the payment of the utility user tax set forth in Chapter 4.28 of the Ashland Municipal Code." SECTION 2. A new Chapter 4.28 shall be added to the Ashland Municipal To-Te as follows: "Chapter 4.28 Utility User Tax Sections: 4.28.010 Definitions 4.28.020 Tax Imposed 4.28.030 Exemptions 4.28.040 Payment and Collection of Tax 4.28.050 Actions to Collect 4.28.060 Duty to Collect Procedures 4.28.070 Powers and Duties of Director of Finance 4.28.080 Refunds, Erroneous Payments 4.28.090 Effective Date 4.28.010 Definitions. Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: A. Person shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, Massachusetts business or common law trust, society, or any other group or combination acting as a unit. B. City shall mean the City of Ashland. C. Month shall mean a calendar month. D. Service User shall mean any person required to pay the tax imposed un er t e provision of this ordinance. E. Charges shall mean metered energy, minimum charges for service, demand c a ges, customer charges, capacity charges, standby charges, use-of-facilities charges, and all other annual or monthly charges. 4.28.020 Tax Imposed. There is hereby imposed a tax upon every person in tFZrity using electric energy or services within the City. The tax imposed by this section shall be at the rate of twenty-five (25%) of the charges for such energy and services, and shall be paid by the person paying for such energy or services. 4.28.030_ Exem tions. Nothing in this ordinance shall be con- strue as imposing a tax upon any person when the imposition of such tax upon that person would be in violation of law. 4.28.040 Pa ment d Collection of Tax. The tax imposed by this chapter s a e co lectean from the service user at the time that pay- ment is made for charges for electric energy or service. 4.38.050 Actions to Collect. Any tax required to be paid by a service user under the provisions of this Chapter shall be deemed a debt owed by the service user to the City. The Director of Finance may take such actions to secure payment as provided in Section 14.12.050 of the Ashland Municipal Code. 4.28.060 Dut to Collect. Procedures. The fluty to collect and remit t Fe taxes impose y this apter s all be performed as follows: A. The taxes imposed by this Chapter shall be collected insofar as practicable at the same time as, and along with, the charges made in accordance with regular billing practice of the City. Except 'in those cases where a service user pays the full amount of said charges but does not pay any portion of a tax imposed, or where a service user has notified the City that he is refusing to pay a tax imposed which the City is required to collect, if the amount paid by a service user is less than the full amount of the charge and tax which has accrued for the billing period, a proportionate share of both the charge and the tax shall be deemed to have been paid. B. The duty to collect tax from a service user shall commence with the beginning of the first regular billing period applicable to that person which starts on or after the operative date of this Chap- ter. Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. 4.28.070 Powers and Duties of Director of Finance. The Director of Finance o City shall have the power an uty, an is hereby dir- ected to enforce each and all of the provisions of this Chapter. The Director of Finance, subject to the prior approval of the City Admin- istrator and City Attorney, shall have power to adopt rules and regu- lations not inconsistent with the provisions of this Chapter for the -2- purpose of carrying out and enforcing the payment, collection and remittance of the taxes herein imposed; and a copy of such rules and regulations shall be on file and available for public examina- tion in the office of the Director of Finance. 4.28.080 Refunds. Erroneous Payments. A. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Director of Finance under the provisions of this Chapter, it may be refunded or the bill corrected. A claim in writ- ing shall be filed with the Director of Finance within three (3) years of the date of payment stating under penalty of perjury the specific grounds upon which the claim is founded. B. No refund shall be paid under the provisions of this section or a bill corrected unless the claimant establishes his right thereto by his written records showing entitlement thereto. 4.28.090 Effective Date. Inasmuch as`it.is necessary to. enact the tax provisions o t is Chapter beginning with the next billing cycle following the adoption of this Chapter in order to preserve the public health, safety and general welfare, an emergency is hereby declared to exist and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. The foregoing ordinance was first read on the day of April, 1976, and duly PASSED and ADOPTED this~day of p~7 1976. ' z5-lre' sep Butler ity Recorder t SIGNED and APPROVED this y 1c;e day of l~ 197 j r ary r c ett Mayor Average Residential Bill $ Diff %CoA < PC WS-PC, 2010 $6.71 10% 2011 $14.81 19% 2012 $14.96 19% 2013 $14.38 17% Average Residential Electric Bill Comparison $90 - 90% $80 80% $70 70% $60 60% $50 50% Pacific Corp $40 40% 111111111111111COA (w EUT) $30 30% -%PC>COA $20 20% $10 10% $0 0% 2010 2011 2012 2013 CITY OF ASHLAND Council Communication January 6, 2014, Study Session Discussion of Ordinance Updates: City Council Rules (Chapter 2.04), Boards and Commissions Rules and Procedures (Chapter 2.10), and Miscellaneous Chapters (2.18 and 2.28) FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us SUMMARY This item is for the Council to continue consideration of miscellaneous ordinance amendments the Council began work on at its December 2, 2013 study session. These ordinance amendments would effect changes previously discussed in concept to ordinances on Council meeting procedures and on Boards and Commissions. The proposed amendments in those chapters also include some suggested modifications the Council has not previously discussed but which are intended to clarify procedural questions that have arisen in the recent past. Finally, a few updates in the descriptions of the functions of City departments are proposed. NOTE: The Attachment shows all the proposed ordinance changes. It is a replacement for Exhibits A, B and C to the agenda item sent to the Council for discussion at the December 2, 2013 in December 16, 2013 study sessions. The Attachment is in the standard format used for ordinance changes, with explanatory comments in the margin. This format change is intended to make it easier to identify and follow proposed wording changes and relocations. BACKGROUND AND POLICY IMPLICATIONS: At several meetings over the past year, Council has discussed various conceptual changes to the procedural rules for Council meetings and to the policies and operating procedures for advisory bodies. The Attachment shows ordinance amendments that would effect those previously-discussed conceptual changes. In addition, proposed ordinance revisions include some clarifications and additions to the Rules of City Council in AMC 2.04. While many of these proposed changes to the Rules of City Council had not been discussed with the Council prior to be December 2, 2013 study session, they are intended to address actual procedural questions and problems the Council has wrestled with in the eighteen months or so. Revisions of these rules should streamline meetings by reducing procedural ambiguities and aligning expectations about the conduct of meetings. One significant proposed change is in the rules for study sessions. Study sessions are creatures of local law. Nothing in state public meetings law precludes the Council from taking any actions in study sessions that would be permissible in other public meetings. At the December 2, 2013 study session, the Council considered a revision that would have allowed voting at study sessions under certain circumstances. Per the discussion at that session, Section 2.04.020C has been rewritten to further clarify and narrow the circumstances under which voting would be allowed at study sessions. Under Page 1 of 2 CITY OF ASHLAND the rewritten proposal, the Council could vote to give staff direction on items to be brought to Council for decisions at subsequent meetings. By consensus, the Council could also direct staff to take action on administrative matters that do not require Council decision by ordinance or resolution. If even one counselor objected to such direction in a study session, the matter would have to be addressed in a regular meeting. Another significant proposed change is the recommended codification of motion practice. Robert's Rules of Order has been the source of rules for the conduct of Council meetings, except for a few provisions already set forth in the current AMC 2.04. The amendments on Council Deliberations in proposed AMC 2.04.040C(4) are an attempt to distill the essential parliamentary tools for handling Council business into a readily accessible, abridged motion practice framework. Some parliamentary procedures not covered in the proposed ordinance revisions still would be governed by Robert's Rules. The expectation is that they would be invoked only rarely. The proposed ordinance revisions in the Attachment reflect Council input at the December 2 study session. Proposed amendments to parts of AMC 2. 10, Uniform Policies and Operating Procedures for Advisory Commissions and Boards, are shown starting near the middle of page 19 of the Attachment. For the most part, these amendments have been tentatively endorsed in concept in previous study sessions. The middle part of revised Section 2.10.025, however, addresses for the first time the possibility of allowing an alternate when a member who represents another entity is not able to attend a meeting. Also, the last part of the Section 2.10.040 in the Attachment has not been discussed previously. It attempts to clarify how advisory bodies should handle scheduled meetings when a quorum is lacking. Near the top of page 22 of the Attachment is a simple update of AMC 2.18. 10 concerning staff liaison to the Conservation Commission. The proposed ordinance revisions shown on the rest of page 22 and on pages 23 and 24 of the Attachment consist of updates of City department functions to reflect real world changes that have occurred already. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A. Staff seeks confirmation that the proposed ordinance amendments reflect Council's intent. SUGGESTED MOTION: N/A ATTACHMENTS: • Draft "Ordinance No. , An Ordinance Amending AMC Chapter 2: Rules of City Council, Uniform Policies and Operating Procedures for Advisory Commissions and Boards, Conservation Commission, and Administrative and Operating Departments" Page 2 of 2 IAX, ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 2: RULES OF CITY COUNCIL, UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS AND BOARDS, CONSERVATION COMMISSION, AND ADMINISTRATIVE AND OPERATING DEPARTMENTS Annotated to show dAktiens-and additions to the code sections being modified. Deletions arc 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, WHEREAS, 'I'IIE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code Chapter 2 is hereby amended to read as follows: Section 2.04.010 Authority. A. Orman Revised Statutes, Tthe Municipal Charter of the City, Arai-a ° ,~-.I.l See n a,, and the Ashland Municipal Code as Oregon w 11 as the es governs many the meeting requirements and actions of the Council. B-. These operating policies and procedures are established and adopted under the authority granted in the Ashland City Charter, Article VIII, Section 3. C. hiohe'rt's'12oles`of.Order.Newly Revised shall. he the authority for.decidine am''nuestions on mFetinetreomremen'ts`andacnons nobaoyercdbv lherules -in AMC 2.04 oGOregon Stu[ules (:omment[n]ZThagavndirM T6gp Ofpauy« f cvrtmi AMC 2610d On. D. b~ailure'totstricth=folloetithe rules in AnIC 2.04~orrRobert's Rules'of Order Newly Rey'ised'.shalFnot' be cause to void or otherwise distorlra decision mr- a' [ion of the Councils CnmmeM'[I2],yTh eTr,ova an of part f l~Ax1C 204 0 OH maka9E1 L council "I Nwytio.u~at roles( Vv ~ E. fFhOrules-on,meetine:nrocedures in AMC 2.04.020A and C. 2.04t040Caandr2.04050FCd1 aoben's xvis> ❑m1ss01a.r ~eaSar~t' and' idltobert s Rules of Order Newly Revised may be susnended~temuorarih upon 'a Ordinance No. Page I of 24 inofion:thattis secandcd~and passed by al.hro=thirds.vole in favor °.A motion to suspend ihese rules is nof-debatalile iii annendab[e' Mrler provisions may be suspended or re gat'e'd°onl b""a vote of the eo Ie eommentlu] Tn p iy°s k Ipossibl t =oW (ngp d wbl sh d by" d gwbl'yrth lya, F. h'he City=Attorncvis designatecLas Fo rliamentarian for the CouncilCounml,members'_ P red resinv can - MMPe~dmrtm WdWests f6rAnformation i ncf6on meeting reguiretnen'ts or Possible Council aciions+mav be a Bens axle: refeeredtto'tthetCitv=AttorP"ed`tfiroueh'throre`s`idine offfcerfor internretatlon; *Afler.takine in'to"aceountanv`oniniod"nfthe Gtv`A[tomcvti[he=tiresiiline`officeii musifrdleou+uuestions aboufineetin`^eeaniiementsor Possible :CUunciWactions: officer ""=s m ma ~ktie`challen eel by a point of order as set forth imAMC 2'.04.040,120)(c)(11 CommenE[N] m 'a,.i. ic AMCt2610dOLilt n, ihdlh CtyyAtt mys oP,nwn on rotaturory P dwd man ¢ t Section 2.04.020 Meetings. A. Regular Meetings. The regular sessions of the Council are on the first and third Tuesday of each month unless otherwise arranged, beginning at 7:00 p ,m, Meetings are required to end no later than 10:30 p.m. B. Special Meelinge. A special meeting may be called either by the Mayor or two members of the Council. Notice of the time and place of such special meeting and the subjects to be acted upon shall be delivered to all members of the Council at least 36 hours in advance of the time of the meeting, except in the case Comment [61 Thu Pd.x~<e.wt ce N uerrcnl of an emergency, and the Council may consider and act only upon such matters as contained in the h been revised w acct c silpu,a me rt notice. M 2 i dy t mmP Posed section 204 .020ap d £ merg cy sess o,u' C Study Sessions. 6 s r "Abs t h cedar l°' `I`~TTds +a'.. The Mayor or PA _ ___b__.. of the Council may __u _ stud), tome nlathisp Idgove the advwce session _ ith ac not 'iceuiiedf Y.SMCii1'meet Study sessions are held so that G-,-ineil isin eninfer with staffand other expepts on items UHde etansWerfitkin that May eventually require official aetions. Gourneil con), out delibeFate temards Study sessions are for Council members to receive backeround information and recommendations from staff or invitees with expertise on City business: to ask unestlnna, discuss options, express their individual views on matters that may be voted on i subsequent regular or special meetinesu and to provide euich nce to staff. he Counc&nnavAiote. in-stu'dv ses`si'ons:on"eiiidancc`4c, staMair ccrnhai""oiatters~h0ie presented to Councilt for-decision'at subse` ucifineetin s. B .codscnsus' thi:Councihnlsoeiiia'direct staffto.tnke'ncfion cnrother iuntters'thavclo not re wire Council decision A ,Urdinance or resolution. No articular cases comment [I6] Th p posdv h been-l imolvine quasi-iudicinl decisions may be discussed at study sessions. ice=7 `eec I,npm mtn Dec sae z nod" it ¢ lla mtistenial change kom the mtinudrY4, mles iMtir°AOesN-~ Study sessions are held on the first and third Mondav of each month unless otherwise arranged, dZion-makinga iia b 7ed,°a0specded mvurs_,q±,- be innin at 5:30 mJ1 he Mayor or two Councilors ma y call a study session at an v time with 2`h ours adrance'notiComrraenf[I)] Th ad c=i w t hm Men reviudt aecrCuncil pmat the ".r1, Daember 2 ndY_. U. Executive Sessions. 1. All meetings of the City Council shall be held in open sessions, except meetings that may be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to 192.690). These purposes include, but are not limited to, the employment and dismissal of public employees, Ordinance No. Page 2 of 24 the performance evaluation of the City Administrator and City Attorney, labor negotiations, real property transaction negotiations, and consulting with legal counsel on pending or threatened litigation. IF any Couneilars feel do not feel that an item should he in eNeeutive session should state so on the exetiulfive session hit any time during an executive session, a Councilor who feels a matter tinder consideration should be addressed exclusively in open session may state a Dint of order which shall be tided upon in the executive session as set forth in AMC 2.04.040Ct41(cl(1li Consonant [0]: This change is intended to mate resolve differing mews on wheNa an 2. Notice of executive sessions shall be given as required by State law and Such notice must state the ro tie me t ople of an executive sessiua. to avomt ororaar order din mpased specific provision of law authorizing the session. The Mayor and City Councilors will act in accordance with Stale law regarding confidentiality of information discussed in Executive Sessions. mwtlegal nnalyslsMthe city Atwmey ortrderalmns. 3_At the commencement of each executive session, the presiding officer must stale on the record that executive session information is confidential and may not be reported. It it does not so speeif£; tThe proceedings may be reported if no such statement is made. E. [Ememeney Meeting Comment [197: 711; was reinvent fmmaMc The Cily Administrator is responsible for implementation of the Emeeencv Management Plan. 2,04020 Jandmoddfied saghtly. When the City Administrator determines that a state of emereencv exists, the administrator will make a declaration to that effect and request the Mavor to call such a special meeting of the Council in order to ratify the declaration of emergency. The special meeting of the Council will occur as soon as nossible after the declaration of emergency. A auorum of the Council may not be Possible due to emergency circumstances and is not required for this special meeting Notwithstanding the advance notice reauirements in Section 2.04.020[3. C and F. notice of the s ecird meelin can he made in the most expedient manner determined by the Ma yor and need pot be 2 hours 12.1 but notice of the emernencv special meeting most be given at leas) Comment [110]: Inha:wtim re9uiremmts~ 24-hour in advance if feasible. In any case, minutes of any emereencv special meeting must m~tiome and c are rewxd, mhs rgurasrowd meet the requirements of ORS 192.640(3) and 192.650. also x revisad F. Notice of Meetings. Advance notice of at least 3672 hour shall be provided for all meetings, except for emereencv Comtttein [nil: trine wOm re9uhemmtsm meetings. Notice shall be sent to a newspaper with general local circulation and posted prominently senb:R andc are revised this Ogore should on the City's Web site. In the case of an emergency or when a state of emergency has been declared, also be revised. public notice appropriate to the circumstances shall be provided and reasons justifying the lack of 36. hour notice shall be included in the minutes of such meeting. Note: Subsections F, FE E J, &K below have been revised and relocated to AMC 2.04.040. Subsection 1, below has been revised and relocated to AMC 2.04.010.E F. Queram As prei ided In Artiele VIII, Seetion 4 of the Gily Charter, the Allayor and not less than three Gaitt -5, a - four Go"Heilers, ea"Slitute a quorum. A simple majorit) of the quorum presen determines the aetion on flay mation, question, erdingenee, fir veseltifion. On questions requiring a tiv) !hF-ds iiate of the Connell, as prai'ded In the G"i Charter, there shall he irequired four Gaugneilars In exereisennysuelispeeial powers. if the rail eel' shaws no quorum present, as defined by Seetion 4 of Artiele VIII of ilhe Cit) Client tem, Ae Can meilars in attendiamee ina) direet the Chief of Pollee to notify the absen enembeirs, emeept fittise I nem n to he unavoidably detained, that their presence is required to enable the Citurt to preeeed m ith business. Should any then fflil seen Is appear, the ffiewiltemss present shall adjourn to a dale fixed by them and all agenda items will be einatia"ed to the He* regular meeting• Ordinance No. Page 3 of 24 _ _ Comment [112] Tlu""6subsenio 1 U t1W SN lo'r"'ns Menw E_'abo.e The City Administrator is responsible for implementation of the Emerge When the Git) Admin 4 strata - determines that a state of emergency exists, the RliffliHiStrAtRY r_ _ _ to that _ _ _ request the Mayor In call a _speeial . the deelarnflon of emergency. The speeisl meeting of the Couneil will be possible due to ennerge"ey eireunnstanees and is not required for the speeial meeting. Notiee ofthe speeial meeting ean be made the most expedient manner determined by the Mayor and H. Robert' 9 Rules of Oiad~. Robert' s Rules of Order shall be the autherity fee Me geveFament of the Gouneil during sessions, m hen not in eenfliet moth the Gi", Charter and these code rules. Failure go StFielly knw- Robert' s 14--'es of a void oF alhemase disturb a deeosqen a 1. Voting. When a question or motion 49 put to a vote by the their, each member present shall %,Bte for eF as^°:"t the motion unless the n_ t excuses that member from so doing. jr'N____r~__ Allayer or any member efil's fe - a poll eel' vote, then eneh member must vete. The AIRYOF clot enl~ vete in the ease oFa toe, and then is required to v&k- J. Reeansidering a FBEP - A motion to reeens*deF a vate eon be made enly ones, nd at the gpssign at whiph the motion 0 matter was adopted, or at the next regulaF meeting of the Coune", provided that me i ate to " Deliberation= it is the duty of the 41syer or Presiding officer to ensure that each Couneil member has the opportunity to spealt. Couneilars should ask the Ala)or to be recognized. No member shall speoL more Ann once until eieml- menther choosing to speak shall have spolken or maived thei right to do so. No membeF shall speak t"Oee an a mefiHn on the floor "Olhout leave of the Allay8p or presiding m eeF Leep diseussiBn moving, and call for a "preeess eheselin if the 'is, ission kmws begged do" n; Tame linails may he set on topies by !he Alayer, by the Presiding effieeF, or by a eensens"s afthe ik Gnome In. City Atterne) as PRA antenlarian. The G:t) Attorney is designnted--as-- padinmenterian fee theGwneil.Que-fions of pnFlinmeninry rules may he referred to the Cat), Attarne5 through the presid ng effieer for Section 2.04.030 Agendas. The City Administrator is responsible for the preparation of the Council agenda. Ordinance No. Page 4 of 24 A. Topics will be added to a Council agenda based on timeliness of the topic and with consideration of the number of items already scheduled for the Council. Matters to be considered by the Council shall be placed on an agenda to be prepared by the City Administrator from the following' 1. All items considered by the Council during study sessions, which require a subsequent opieial oefien &am the Council vote. 1 All items which are required by law or policy to be presented to the Council. 3. All other items that the City Administrator, City Attorney or Mayor present to the Council for action. 4. Items placed on the agenda in accordance with paragraphs B and C of this Section. ` 5. Requests of City Boards, Commissions, and Committees. B. An Councilor may lace an item :_:,:_l Ciatuied _l___d on the Council's agenda that nrmided that Preparine the matter for Council consideration would not require more than two hours of staff time, includine nolicv research and document drafting. The Councilor shall notify the City Administrator of such an addition to the neenda no later than noon of the Wednesday prior to the Council meeting. The City Administrator shall determine the order of business of the item. The City Administrator may request that the matter be deferred until a later meeting if the agenda of a particular meeting is already lengthy. Council members will endeavor to have subjects and any 'materials they wish considered submitted prior to finalization of the Council packet Comment 8131: This pw,osd is intendea to clarify the cw tes provision watow mtMN C. k Councilor who desires Major - - and discussion shrefting of its - - - e wants to cnuig+nB its subnancc. add to the Council's agenda an item requiring more than two hours of Preparation by staff: includine Policy research and document drafting, should first --`-.m~cthe-issue propose the addition at a regular meeting under Other Business from Council members or at a study session. ryFieF-te asefe than twe Issues efany saaffiame being spent on the issue. The Gesuneilef asay else Fequest thal the diseussion of this item he fiamall5 placed an the agenda in aisestailathee with pategraph B ef this Seetien. The Council should consider items such additions to the Council aeenda in light of City priorities, including adopted City Council Coals, and workload. The Council must agree to proceed with an issue or ordinance before staff time is spent preparing the matter for Council action. The Councilor may present information or a position paper or ask for a department report or committee recommendation. Councilors who agree that staff time can be spent on a particular item are not bound to support the issue when it comes before the Council for a vote. Comment [114]:'mu p,oposed. ~msdcsi m clangthecw tpm.isonwftww W D. During a meeting. Any topic may be added to >m the agenda by a majority vote of the Councilors chanung'q wbst=e, present. Generally these items should be limited to items of timeliness or emergencies. Advance notice of executive sessions, however, must be given as required by State law. E, Postponing Agenda Items Before Consideration. 1. If a Councilor will be absent from an upcoming regular meeting, the Councilor may request during a regular meeting that consideration of an agenda item be postponed to a future regular meeting. The request will be honored if the majority of the Council votes in favor of postponement and the matter is not time-sensitive. 1 If the request to postpone is made outside a regular Council meeting the Councilor requesting the postponement shall submit a request to the Mayor or City Administrator in writing or by email as early as possible. The request to postpone will be honored unless the majority of the Council at - the public meeting votes not to postpone the item or if the matter is time-sensitive. 3, pf time expires before the City Council can consider an item on the agenda including an advertised item, the unaddressed item shall automatically be continued to the next regxlxrly scheduled regular meeting or study session; re-advertisement Ordinance No. Page 5 of 24 shall,not,be required for such continued items A note shall be placed on the Agenda referencing - this continuance rule "Items on the Agenda not considered due to time constraints are automatically conhnucd to the next r'' -_u°' scheduled regular (3- -wwetnig rtrecting orstudv session of the Council AMC 20.40.030 I%' Comment [IIS] Th spmpn ai v t aed ro` clanfy'ihe curt m p s~on..mFnN w,dnm ' 'suhc ence F. Council Packets. dco ai in _ Written materials, from Councilors, staff and citizens, which are related to agenda items to be included in the Council packet, must be submitted to the City Administrator' s office no later than 12:00 noon six days in advance of the Council meeting for which it is intended. Materials submitted must include author's name and address. G. Study Session Agenda Preparation. The City Administrator prepares the agenda for the study sessions from 1. Items requested by the Mayor and members of the Council to be listed on the agenda. 2. Items deemed appropriate by the City Administrator. 3. Business from the Council pertaining to committee reports and other business. 4. Items requested by City Commissions, Committees or Boards. Items appearing on the Council study session agenda shall be assigned a time limit and the Mayor shall hold discussion to within the time frame, unless the consensus of the Council is to extend the time limit until an issue or item is discussed and resolved. Section 2.04.040 Conduct of Meetings. A. uorum Asvnrovided=irtArticle AIII>.SectioP;4 of the Cites GM1arter, fart Conncilora..or theMayor and and notYless~than [li"r'ee' Con ncilors: constitutea,Quornrh,,' if the CouoeiViuembers oressent-do not ConShtute iiimfum: the.mem0ers nresfnt.maya~adiourn or a-maioRh`of the members '-in attend"anc`e`!ma°v'direct staffto notifv-the alneit members, except Those=known-to he uaavoidabWdetained that their presence is rewired to enable the Council to Proceed with us"tee s" Co " e't [1167 'Ih"4' I'"~d fr'~ fiMC' 2 04,020F aid mod aWd rijhlly". B. Mfendant4*vEleetronicComrimnication. 4 +:`;Fxcept in the et ent of a suspension: of riles pursuant to AMC 2.04.010E.. members of the Ci Cotmcil.mav:im6attend or vote at public-meetinesFby means of tetenhoneoor+other electronic cotnmunientio'n. The rules on `meeting proceduresanit Council actions shall otherwise' re main iii*effec't aotwithstandin an 'such suspension of rules to allow for attendance by electronic rommu'nication Commen([I17] Th prop6 p srontod Cyh dl 6of re9 at f q, AC. Council Deliberation. e~e<wmcmeetngaumdanceby,C <I,namhers I.-Presiding Officer. The Mayor, or in the Mayor's absence, the Chair of the Council, shall preside be the Presiding officer at the meetings of the City Council. In the absence of these officers at any meeting, the Councilors present shall appoint a Chair Pro-Tern and proceed with the meeting. The Chair, e%eept !he Ain) or, May vele on all mations other than presiding officer may not vote on appeals from decisions made while acting as presiding officer. The Chair Pro-Tern may vote on all other motions, but the Mayor may vote only as provided in City Charter Article 4. Section 3. "'he fi-esiding effleer shall be responsible fra, ensuring order niad deeOPHM is imaintai"ed. Cam nens and disagm eemnents should he addressed to the lopie at hand and "egative pem sons' reenam Its. Atte nlees rind spealtems am e m equired to strielly abide by the dirpetieng At the fem enatival Fromm Couneil meetings. Failu e to abide 6) the presiding offiem' a irisiruetFrias Ordinance No. Page 6 of 24 using loud oF disruptive language, nnd refuging to obey an order of the ppesWmg effleen Signs are not permitted mid %ill he eensidered disruptive. M mny set time limits an ____d_Coololait (ltalnt .~d"oz.dd woc(z/ 2. discourse.Rules. TWpresidine officerrskall ensur'eahat=each'+Couu-cikmnmer has the om)brtonitv., to `sueak?,on euch:i`ss'oeFbefore-:';Hic$Cnnncil. Conncilnrifmustfn'sk%ile:oresidioe - officer to be reco2uiisd.'I IJriless otli"e'rwi,469AWitteedlby rt hetoresidine officeriini% ember may speakYmore: than once omamissnelaod'mat" d solonl'vyofter cot(ether memher7bas'szmken: on or declined to addresi the issue 'Ti me.limi[ssma'wh et on iaiU ricer cur by u consensus' of-the Council:Councilsmem'bers'~. x`s"1welL~as'=membersfi[he7nnhlicsoeakin¢euh Council+~acenila dems:'a'sshall=confine ztkeir~`remarksa(o"+thestiu"estion?~under:rtlelibernhon:~ayoid 'Wdun`danc weak onlvxfortliemseNk and inAFRe n" alive er`sonal remarks"or'comments itmuttthe motives or Personal traits of others CDnmeat[II8]'Inu o~W Vm haz'''e- xe sect nncIn~mm Dec h'23udy n e dtr d rsw [4 3. Wcorum The nresidint% officer shall. be responsible for enwripg order nnd-decorpm is ^A; ce. wtAMg4w 030A~yfj"'is;'ay r.'*a' mamtamed°~'~A`nv" fail ore toYabide,``b .the' iresidin officece mstrnetion's'3'cmrelitutes - `ilisnmtm6n of-`uAawful assembly'. as,6Fovidedsin"`ORS `166.0251 1)c mid iuiwreWise=f ltie Fr sidin'i'Vffirer:Or a mnioritv.of tke`Couneilors; io`direct acity official'to.z~em`os'efttie'oerson from%Council,meebne.°'Disruotive h'eliavior includes enea2inn:imviolen'ftar=distraetine'netion. maki 7oud~oWdisru tive=oois`e or usiullooA or Aisru'tivc rofane'la'n ua a mnkin negative ersonalPreinaeks"or"com'ments~'abou['flie motiGes'$r: c'rs"onahlrnits of other" s sndYrefusin "to - °obev an.. ord`eu~of^`the uresidmg officei-w`~S~i%ns pare not~gerinitteA 3agd °wiIILAe`%"con°sidered aRru ti e.` A'd&elioWmForde"r of the residiii officer6my be `challen ed b"'o'"oint oforder as sett' riti inAF1C 2,04.0400 4 c I ~CCmmenE[I20] pin m=^~oa~tea t j""~; aveem AMCZoa "A 4. Motions and Permissible Intervening Actions a. Councilor Actions During Debate. No motion or intervenine action shall be received or recognized by the presiding officer when a question is under debate, except for the ten secondary motions and intervening actions listed below. The disposition of any motion or action listed below must occur before consideration of any other action lower on the list. - (1) Point of order, reauest for information, or objection to consideration of a matter )`.Motion to:adiour~ eommeni[rzll rnuna xw aaaw e~""k.: , 'ag (3) Withdrawal of a motion DK.mee~za ay ;hl (4) Motion to lay the matter on the table (5) Motion to divide a motion under debate (6) Motion to refer (7) Motion to call for the previous question S Motion to ost wne to a certain time :E:..._. 9 ot!W 'to ost one' indefinitel" to`mment [tzzj rn n m" ma a~' nM r (10) Motion to amend cored mvufvm as .'z;;wy rdn b. Permissible Intervening Actions While a Sneaker Has the Floor Ordinance No. Page 7 of 24 (1) Point of Order. Any member may interrupt a speaker who has the floor to raise a oint of order if meetin procedure rules appear to have been broken. the point of order ~mu t be addressed to'the'orc"sluma officer and may not be addressed directly to the sneaker The speaker must immediately comment [23]n,i, 6ee added smm W " , and the issue identified in the point of order must resohed loK~mnnzn~a>:an I cease speaking be before business continues. No second is required, and no debate is allowed on the point of order. The presiding officer may seek clarification on the pint of order from its maker from the s Baker who had the floor when it was made. r from tke Parliamentaria Before proceedine further, the eamme~u [~a1: This Mt tieen.dad:m«:nd presiding officer must sustain or overrule the point of order or submit it to I~enibe2ai~5GSO° I Council decision by maiority vole with no debate. A member who disagrees with the presiding officer's decision to sustain or overrule a point of order may move immediately following the ruline to overturn it. The motion to overturn a ruline on a point of order may not be debated, and the presiding officer may not vote on it. Approval of the motion requires a maiority of affirmative votes: the motion fails in the event of a tie vote. (2) Reuuest for Information. Any member may interrupt a sneaker who has the floor to seek permission to make a request for information from the sneaker or from staff or invitees with expertise on the subiect under discussion. The request must be addressed to the presiding officer and may not be addressed directly to the sneaker. The information soueht must concern either the subiect under discussion or meeting procedure rules. The Presiding officer may ask the reaucstor for a statement of the nature of the information soueht A reauest for information must not contain statements of fact unless they are necessary to make the request intelligible and must not contain arguments. Upon inquiry from the presiding officer, the person who had the floor when the request for information was made has sole discretion whether to lemporarilV relinquish the floor to allow the reauesled information to be provided. (3) Objection to Consideration of a Matter. A member who contends a matter about to be discussed is irrelevant or for any other reason not advisable to consider, may object to consideration of the matter. The objection may be made before or after another member has been assigned the floor, but only if debate has not vet beeun and none of the motions in AMC 2.04.040C(4)(a) has been made. An objection to consideration of a matter does not require a second and is not debatable or amendable. Immediately after the objection is made, a vole on sustaining the objection must be taken. The obieclion fails unless at least ten-thirds of the Councilors present vote to sustain it. c. Main Motion. A main motion is a Proposed action that brines business before the Council when no other motion is pending. The actions listed in AMC 2.04.040C(4)(a) may be undertaken while the main motion is pending and, if Passed, may affect the Council's consideration of the main motion. A main motion Ordinance No. Page 8 of 24 requires a second, is amendable and debatable, and passes upon a maiorih, vote in favor. `r` ..I d. l4diourn. A.succes`sfol motion to adiourmtcnmmatesairnechne'.andthtransfers fkc remaining unfini`sWi d8 fiusiness fd~the'7 eend"aVo-rthe ne'Y'° ztT~ecula' mee~ine or stud) session: ~lt'rc mres-nisecond is not'debatable'`o%amen`dable'endi asscs''u-ona ma'orvote in favor eommen'i[Iss7 'p~unu been aadvds edw` pro mbei;3's a :~Ia~"-;l e. Withdrawal A motion may be withdrawn;b~,ih6moaer aiim0.timcbefore an amendment is made to it or, ifno amendrii6t is'made: I eforc'a ~'utais taken on it~ I:osnmeiq [M] a. nk new nn :y pro son sTOpo d I means foremo+ i I,, m a<cepi ~f dly_ dme Tha s the^ E Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a mo nwm Iw meo -rnp~ r ana t o proposal to suspend consideration of a main motion and all pendine related motions t rho rer--=- in n N o . in Win a r i' is r nn eea°ea?'rMn .d,o ara.~ until later in the same meeting in order to deal with another matter that has come o w in o s. i""6 n~wdr ne or can,~ up unexpectedly and which must be dealt with before the pendine motion can be it -If r yam mrm more r vm orov~ properly addressed. A motion to lay a matter on the table requires a second, is not dLanuon. sy" 3<eeP x', amendable or debatable, and passes upon a maiority vote. Before the meeting adburns a subsequent non-amendable non-debatable motion ma lake the matter from the table if seconded and passed by a maiority vote in favor. ,the rneetinig ad'o`drasnriihogt conside"rip 4hejableJ ttcro eif`wdlibe~wntinueJito the next re ular mcetin "orstu6 sessiodin accordance dith'AMC M04AME eom me°ni [IZ1] m nbe=~`""aea~'"'nen eow<I mpurush Dec mba¢'n dy sess ~,s e Division of a Motion. Any member may move to split a motion under consideration into two or more independent motions that are taken up in sequence. Each new motion is deliberated, possibly subiected to secondary motions, and voted anon before taking un the next narl. The mover may desienate in the motion the order in which the parts are considered. The motion requires a second. is amendable, is not debatable, and passes upon a maiorih, vote in favor. h. Referral. A motion to refer is a orooosal to refer a matter to a subcommittee or another body for further study and and possible recommendations to the Council. The motion requires a second, is debatable and amendable, and passes upon a maiority vole in favor. Any proposed amendments to a main motion on the referred matter that are nendine at the time are also referred. i. Previous Oucstion. A motion to call the previous question ka~proposafto end debate?oma.nendiue'motion. =ILnrecluJes:all'ame lin-Ms'and JeGi6,'ronAfic enJin ?motion un[iVi[ is decidedr<'1 he moliodto'calL[he: revous ocsbomrtself is h6e,debatable or amendable and requires a second and n two-thirds vote m favor rum'meni gis] Yn n n"e a "'as eme o emw,z's ar, a~ro_eaaei o i. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a ' articular future meet in re uires a second is debatable and amendable and asses upon a maiority vote in favor. nc functiomoftkis-motion~can tie to continue eodsidcration of an aecnda item ata Jesienated`subseguentmeetine' eomn«rPpze] &Tn n, , reponoa n.8? December z°rt ay n so edd d rY~~v. yip ; Ordinance No. _ Page 9 of 24 v `Z; x3POgIDOae mJefini[ely. AsuccessfulF o ion [o postpone a ma[ter.mdetimtely . ; preventsa MtonPonrthe malterlTora. tthe r~T ostrofiEhe mTectiniMItTmustlbe s'T ecpndcJ~mav lie`fd"ebat-edrmai~no[abefamendTd a~nJ nasses~Ttiponn aTmaioritv'TotelinTfavoor. The d'eebat° teTma'vfldd essithe`substa`6[hTiTolionWA suAr ecessfulTm'otionftto" o t- onc?a,m atte`r~iirdefiniiel`sJoes n~'°~'T trrecludeTiBeratioTB[he matter'ii a Utiicnu6 meetingifirt6s probe lvtadde°d heTn'Jatofifha ine lax I. 1. Amendment. Any main motion and any amendment to a main motion may be amended to add or omit words. A proposed amendment must be eermane, must be seconded, and is debatable if the motion to be amended is itself debatable. The amendment passes upon a maiority vote in favor. Other amendments may also be proposed, provided that they do not nullify the amendments alreadv passed or attempt to amend a motion to amend a motion to amend. 6. Restatement of Motion. Before a vote is taken on a motion, it must be restated by the _ presidina officer or the City Recorder. 7. Votine. a. When a question or motion is put to a vote by the presidine officer, each member resent must vote for or a ainst the motion unless a ma•orit of the Council excuses l that member from so doing. Jnless excusedifromTvotinenbeTholisTpresen't x it: and'``does oot v`o-t'eTfor or a ainstTthe~ionsh'al]Rbe c'Srountedrasliraviost` a mi oticet~ofe The Nlavor can only vote in the case of a tie and then is re uired to rommeat[~i]~Th~rs~tmscamrenm C 1- put n the Ikcertba,to vudy n. The -y w vole, gill mnx ~t~w~ cat rtgwresa C mhr $,ravt atvte ina mil mll ull wt itWof irtapatwofhaWng ..e...~-mod i ti. A simple ma'ori of the uorum resent Determines the action on ordinance or :.-h" `ai`d hr'. :.comma rhammW~.wwa be nary e, nme Mhulawmth to resolution and on most motions. n questions reguireDllbv~Cit Gbartcr, City c a~ c~na iw on f~»re~ez. OcJihances. ar applicatileTpivivisions ofdRobeit:"sll2ule ffOrrder9Newl'vlRev ned to R. beTde°cidFill ti a, awo-t1iiFJs'Tvo'[cofhe°'T"@ouncil To rural re wires an atirGa tive % vote°ofaLleast four Co'uncilors`. t:omment [~zl;lb„~geo m mt Pto <IVifes the po i the Rut Jtv ie rat ed PWn fu least studs fib 8. ~f2ec nsidc atlooAamember wknivolediin fav°'o ofvYCoun lLaction"`mav mbi c?foo v ~uhaVe she adaii oam rey"'e iotin recnsidecatiolbefor" aadiournment oBthein-E atTe gichTthe9action warms annro`veJ ~q' "°t `~°-te ra k°'r ar`c° `iloR o'0[he next r~T~ ular mT eeetinn-2 nles°Tlh -Timm re'aU7 haTbcon d o-MM bmhe Ma or uCi37c.Orte~ATrti°cIT41,1Se'et003M.heOM-otion"°lmostTbes„T econdedINi debuYatillifi[he'TactionluaDer reconsiJeration6i°s9°Uebata6lc''Fic3`not"'lamend`alilTandl rives upo' nn aTmaioritvZvoteli-nTfa oor.,Anvy71-member ma JTimotiOfor r°7 econsl0erati n I a i s %NoTion t~ t7 rTeeo,sidei7aTCouncilzNCtionTma beYindUc°ConI`l"ooce A vAA 'etoe°d[rtcm"Pm"a ks.. US,.4I1 l a.. - natibe'Tth'eTsu9iec oGaarm"motion for~c'consiAe~ation eommeni[ag~ui1yis m ia~f r a ° Ny The, , 1 wn r NM m m"drAle fiu naWM > ago Section 2.04.050 Order of Business, - At the first meeting in January, after the roll call, the presentation of the Mayor's State of the City address shall be first in order. d The Mayor or presiding officer may change the order of business on the agenda. The required order of business has been established by ordinance is as follows: Ordinance No. _ Page 10 of 24 t J A. Roll Call. B. Approval of minutes of the previous meeting. Inhere are no corrections or objections to the minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes as approved shall be signed by the Mayor and City Recorder. C. Special presentations, proclamations and awards. This item on the agenda is used to acknowledge special recognition and awards given to the City or for the Mayor to announce proclamations, which serve to encourage and educate the community. Proclamations shall be made and placed on the agenda at the discretion of the Mayor. Requests for recognition under this agenda item should be submitted in writing to the Mayor. D.. Consent agenda. Routine business items may be listed by the City Administrator under this item, which shall be acted upon in its entirety, except that the Mayor or any member of the Council may request that any item be moved to the regular agenda under the appropriate section of business. E. Public Hearings a. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council by a two-thirds vote of those present, extends the hearing(s) for one-half hour until 9:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda. b. Not more than two land-use appeal hearings shall be scheduled for any regular meeting of the Council. The City Administrator may, in the administrator's discretion, schedule additional legislative hearings depending on the anticipated length of the Council meeting. c. Persons wishing to speak at public hearings are to submit a "speaker request form" prior to the commencement of the hearing and deliver the form to the City Recorder. The Mayor or presiding officer is to inform the audience of this requirement to submit the form prior to the commencement of the hearing. No testimony will be accepted on public hearings that have been closed. F. 4tunic Forum ( eolnmee5 [rlal an c olmembern -'i eammflt an tinas I" J"Y1' fi5.. yxmed mow 6PUbi F w'"" 1 spat n- 1.: ....LL,. rc _ ie r. the aBeMa xiy i'sii$.4.1 e_L??ri,._ri:.. t ......_a..'4L_.._.._,1.. t 1_.... ~ P, Me _d.L_ topie is indeed on the agenda for !he same meet* publie wishes to Ordinance No. Page I l of 24 s they may do so Ht the time set aside ME pen E40H an fiien~ these topiest Public forum is not to be used to provide or g1th cF:!~to -A, , on 0. public heorin das,ed still pending. TA Lf 11 ♦ fi ....Ll:~.f.. F ....-i sh---A L.. LI.. ..11.. ±~L.. Lam . ...L~~.. .....A~:~ }may T' +i..~.. ...1 wqii H, 4 mn to ti n mp5 Thums,bt fmf haz Kern ew Job s~bsenwnsaltimueK fbebwe~id nvdifed-sligpdy a. Members of the Public may sneak during Public forum about any topic not on the agenda for the same mecline. The a cnda for public forum is 15 minutes unless a ma'orit of the Council votes to extend the time. n'a660ff.of.'thi3Ci any Councilor'ma ``re nest that any msi[ter'diseusscd dunn"" otilicfo"rum.b'e- I`aeed'on a future Council ' agendfl ce.. [[ps]"ThUis a°ilehltyimd.fcd- lnvcmrnl6omnuremStttwn301o)oc f b. Public forum is not to be used to Provide or gather additional testimony or information on a auasi-iudicial matter. Public testimony will not be accepted on a matter subiect to a public hearing where the record has been closed if the matter is still nendine. L. Persons wishing to sneak during Public forum are to submit a "speaker request form" prior to the commencement of the public forum and deliver the form to the City Recorder. The Mayor or presiding officer is to inform the audience on requirements for submission of the form. G. Public Testimony on Aeenda Items a. Members of the public who wish to speak on an aeenda item that is not the subiect of a public hearing at the same meeting See Section E. above re ardin ublic hearing testimony) may do so at the time set aside for that aeenda item. f a meinficr, jtfie tmblic Ior'a Council member has`reau'ested time to.stieak:on-a conseol a ends item"the residin officer sh'all:'make time for a brief "'resentation by'the,`regiestor prior to the Council's vote on the consent aeenda: complept(o]],~Th o . eml"-'- .mmsde'w ae, n tbnb of na eg & da item itemm dpull g b. Persons wishing to sneak on an agenda item are to submit a "sneaker request form" 1 mwmdb Hwy a'rdsmm~ .$wz2. Prior to Council consideration of the aeenda item and deliver the form to the Ci[v Recorder. The Mayor or presiding officer is to inform the audience on requirements for submission of the form. ' L. The presiding officer will set time limits for people who ask to socak on agenda items. In general the time limits should be set to enable all people who wish present testimony. Time limits shall not be so short as to not allow speakers to address their tonics. Ordinance No. Page 12 of 24 d. When possible and feasible, preference will be given to individuals who reside within the Ashland city limits. Persons who do not reside in the City may be placed at the end of the list of those wishing to speak at public forum. G. Unfinished business. H. New business. ' 1. Ordinances, resolutions and contracts. a. Every ordinance is to be enacted in accordance with Article X of the City Charter. Copies of the ordinance shall be e-mailed to Council members and the Mayor at least fourteen days prior to the meeting. Council members may review the ordinance and forward suggestions for changes to the City Attorney for consideration. Minor changes may be incorporated, substantive changes will be considered at the time of first reading. Any substantive changes to the ordinance must be verbally noted at first reading. Council members must submit comments to the City Attorney no later than 12:00 noon on the Wednesday prior to Council meeting. Titles of lengthy ordinances will be published in the local paper at least seven days in advance of the Council meeting thus allowing the ordinance to be read by title only at the Council meeting. b. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not require a roll-call vote. c. The voting on all ordinances may be by roll-call vote and recorded in the minutes showing those numbers voting for and those voting against. I. Other business from Council members. Section 2.04.060 Identification of Fiscal Impact of Policy Decisions. A. When the City Council adopts a program or policy, it shall indicate how it expects that program or policy will be funded; e.g., which existing taxes or fees the Council expects to increase and by how much, or which current City programs or department expenditures the Council expects to reduce to fund the new program or policy. However, if the Council cannot reasonably identify a potential funding source, it shall so indicate. B. As used in this Section the tern "program or policy with significant revenue implications" includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one and one-half percent (1.5%) of the City's annual General Fund budget, and which may require an increase to existing taxes or fees or an imposition of new taxes or fees. C. The provisions of this Section shall not apply to extraordinary expenditures in situations or, or necessitated by, public emergencies. Ordinance No. Page 13 of 24 Peetieu 2-04.^'x,0 Rig' FE-zens item not on the agenda di tizen has,the fight c e«nment [D81 'nMp wmd N xez~ may request the item be s~.twe z.w.osorobsote tn~ ~«a ro, im: se<t,o" A sl ghdy mod fi d sa 8fihe laa t e~` Section 2.04.080 Conduct with City Employees. proposed for sei"b zwosor( The City Council will work with City staff in a spirit of teamwork and mutual cooperation. A. Councilors may make inquiries of staff to increase their understanding of an issue or action. Councilors should limit requests for information from staff to questions that may be answered with minimal research. Requests that require significant staff time or resources (two hours or more) should be directed to the City Administrator and must be approved by the Mayor, City Administrator, City Attorney or by a majority vote of the City Council. B. Written information given by the Mayor, Councilors, City Administrator, City Attorney, or City Staff, including materials requested by individual Councilors and the Mayor, generally will be distributed to all Councilors with a notation indicating who has requested that the information be provided. C. Individual Councilors should respect the separation between policy-making and administration. They shall not pressure or direct City employees in a way that could contravene the will of the Council as a whole or limits the options of the council. They must not interfere with work performance, undermine the authority of supervisors, or prevent the full council from having access to relevant information. Notwithstanding this paragraph, nothing shall hamper the Council's ability to evaluate the performance of the City Administrator or the City Attorney. D. The Mayor and council members should strive not to criticize any person in a public meeting or in public electronic mail messages. The same expectation applies to City staff in the exercise of their official duties. Discussions and disagreements should focus on the content of the topic at hand. Nothing should limit a Councilor or staff person' s right to report wrongdoing. E. Councilors with a concern about the performance of a particular staff person should express _ that concern to the Mayor, City Administrator, City Attorney. Section 2.04.090 Commissions and Boards. A. Establishing Commissions and Boards. Commissions and boards originate from different sources, including Oregon State Statute, City Charter and Municipal Code; others are established by direction of the Mayor or the City Council. Advisory Commissions and Boards which are permanent [Regular] shall be codified in AMC Chapter 2, including but not limited to Forest Lands Commission, Planning Commission, Transportation Commission, Planning Hearings Board, uh6el Recreation Commission, Public comment [us]: ode,m perdscuss o"a Arts Commission, Conservation Commission, Ashland Airport Commission, (lousing 1Dae r2=dyse m - 1 Ordinance No. Page 14 of 24 Commission, Historic Commission, 'time Commission, and the Municipal Audit Commission. AMC 2.10 contains code common to all Appointed Commissions and Boards. B. Ad-hoc Committees and Task Forces. The Mayor shall have the authority, with the consent of the Council, to form ad-hoc committees or task forces to deal with specific tasks within specific time frames. Such ad hoc committees or task forces shall abide by uniform toles and procedures set forth in AMC 2.10 and such other rules as prescribed by the order establishing such ad hoc entities. Committees or task forces shall make recommendations by way of a formal report to the City Council. The Mayor or City Tim iTiTrk ine Administrator may refer matters to the appropriate ad hoc committee or task force. The Mayor with the consent of the Council shall appoint the membership of such committees or task forces. Members of Regular Boards and Commissions may be appointed to ad hoc committees and task forces. The City Administrator shall by order establish the ad hoc body' s scope of the work and rules of procedure, if necessary. The Council has the authority to follow the recommendations, change the recommendations, take no action, remand the matter back to the ad hoc body or lake any other action it sees fit. The Council by majority vote may remove a member of an ad hoc _ committee or task force at any time, with or without cause. The City Council by majority vote may amend or dissolve an ad hoc committee or task force. C. Regular Commission and Board Membership Appointments. Except for the Municipal Audit Commission (AMC 2.11) ~nd thetRccreatiuo~@ommisstnn~, all "'comment [wo7 nda as a~~ o~azma- committees and boards not required by slate law to be appointed by the City Council shall be appointed by the Mayor with the consent of the Council. The Mayor may request assistance or recommendations from Councilors in making appointments. In the Mayors absence, any necessary appointment may be made by the presiding officer with the consent of the Council - ; When necessary, the Mayor shall stagger the initial expiration of terns of appointees, such as in E~- as the case of a new commission or board. The Mayor shall not appoint, nor shall the Council consent to the appointment of a person to more than two (2) regular board or commission positions at a time. This rule shall not apply to the planning Hearing Board. Because broad citizen participation is encouraged, the Mayor and Council shall give due consideration to appointment of new qualified members before re-appointing a person to more than three (3) full - Y tqT. terns on any single regular board or commission. D. Mayor Membership on Ashland Budget Committee. For the purpose of local budget law, the Mayor is a member of the governing body of the City of Ashland. and shall be a voting member of the budget committee. F. Student Membership on Regular Commission s. and Boards. The Mayor with the consent of the City Council may add to the membership of any city commission or board up to two positions for student liaisons. The student liaisons shall be non - voting ex officio members of their respective commissions or boards. Once the liaison positions have been added, the liaison from the high school shall be a high school student chosen by the Ashland High School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern Oregon University Student Senate. i, Student Liaisons need not be appointed to every advisory commission or board. F. Regular Membership Removal Process. Ordinance No. Page 15 of 24 The City Council, with or without cause, may by majority vote of the City Council at a regular meeting, remove any regular commission or board member prior to the expiration of the term of the appointment. Written notice of removal to the affected member shall be provided. Removal , shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term in accordance with paragraph C. above. Notwithstanding the above procedure, removal of a Planning Commissioner shall be governed by the procedures un ORS 227 030 Inul re`mo a"Irofrn" v-«membe~f~he"*B` creation" Go mivsion is' notysuliW&et iisisectiori~ Hearings under ORS 227.030 are hereby delegated by wmmene [tat naara ,hra:r.nm~ar mo the governing body to the City Administrator or Hearings Officer in accordance with the AMC. to«< uc~gv ar s= i. 2.30, the Uniforrn Administrative Appeals Ordinance. G. Changing or Dissolving a Regular Commission, Committee or Board. After the commission, committee or board has been formed and codified, any change or dissolution requires an ordinance amending the Municipal Code. Section 2.04.100 Council Liaisons to City Advisory Boards and Commissions. A. Role and Responsibilities of Council Liaisons. r.:. _ K. The primary role of a Council liaison is to facilitate communication between the City advisory body and the Council. A Council Liaison is an ex officio non-voting member of the advisory body, not a regular voting member and shall not serve as Chair, unless the Ashland Municipal Code specifically requires the Liaison to serve as Chair or in a voting capacity. Notwithstanding the above, the Council Liaison to the Planning Commission shall be considered a non-member Liaison and not an ex-officio member as regards quasi-judicial matters. 2. City Councilors serve as liaisons to City commissions and boards, as well as ad hoc committees and task forces and are expected to represent the full City Council in - interacting with these suet entities. 3. City Councilors may attend meetings of City Advisory Boards and Commissions and other ad hoc entities as citizens of Ashland. When attending as a citizen, Council members must identify their comments as personal views or opinions not a representation - of City Council policy. B. Attendance. i Liaisons should attend all regular meetings of the Comnssions and Boards, or Ad hoc 'Ea ~G~~u~odel I,'I t Committees or Task Forces to which they have assigned 6s tim e oeim [sy ' ndlshoulU'~make sl special ort tend-meetm siin;res onsedos ectfc,re ustv"Cto°'f arli'ei ate7io aliEys.l..' _Jiscussion7onTtopi`eslheTCouncil XiVoneed.t be=aw:ve of oror'ot:Je mnut nn yeomment [az] m~dd:~mrwn~rmea . C it Th rd~g he nd to the b attending, neruwnh th dingNwbseciions FendH . tL...:A.... ..tL.... r........A of the ............A:.... r the .......r ..f ....t...... a.. Abel reassigned. sehedH"lig eonffiet, the Linison should ask the May na to be Liaisons shall ? a 3=... E not attend quasi-judicial proceedings when the final appeal or final decision is or could come before the City Council. C. Deliberations. The City Council values diversity oropinion. A significant role of an advisory body is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Accordingly, Council liaisons to City Ordinance No. Page 16 of 24 advisory bodies should not attempt to direct debate, lobby, or otherwise influence the direction or decisions of any advisory body to which he or she has been assigned. Council liaisons are encouraged to field and answer questions as appropriate for an ex-officio member of the advisory body. Undue influence over the decisions of any City advisory body shall be grounds for removal of a Liaison assignment under paragraph I below. D. Respect for Presiding Officer. City Councilors attending advisory body meetings as liaisons shall accord the same respect toward the Chair and other members as they do towards the Mayor, Presiding officer or each other. E. Council Information. City Councilors will inform the advisory bodies to which they have been appointed liaison of about Council agenda items and Council decisions that may be of interest to the advisory body. Liaisons shall also encourage advisory board members to attend Council meetings to keep abreast of Council action, policy matters and the activities of the city. wo ffleilitate the abeie, and not"iflismading on), other Provision of the Code, the cluor of an advisory body shall periedieally filsee an theAgendn for the advisory body, im item labeled "Report a Genet! Liaison". F. Advice on Filling Vacancies. assigned stin Advisory body chairs, alone with assigned staff liaisons and Council liaisons, if any, will make recommendations to the Mayor for appointment of citizens to fill vacancies on their respective advisory bodies. G. Reporting to the Council. Council liaisons shall periedienl{y. may report to the entire. Council on significant and important activities of eneh any advisory body to which they have been assigned. The chair of Eeach advisory body should be-invited exuect o give at least one shm4 annual presentation to the Council each year on. the advisory body's annual goals and accomnlishments and on recommended goals for the Council to consider adortine. Liaisons may seek assistance from the relevant staff liaison to accomplish this reporting responsibility. colllalcilr[µ3] wm ervoao:ea. H. Liaison Appointment Process and Tern. modmevao, enecun imi ofineco~wd+ The Mayor will appoint a Councilors to act as a Council liaisons to eahand evef7 advisory eeftimissien-of bawd bodies, as the Mayor deems advisable. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. Liaison appointments shall be for a term of one year unless otherwise expressly slated. Appointments are generally made on an annual basis in January and the Mayor shall make an effort to rotate liaison assignments if there is more than one Councilor expressing a preference for an specific appointment. 1. Removal from a Liaison Assignment. The Mayor or a Councilor may be removed for any reason from a specific liaison position or assignment upon two-thirds vote of the entire Council. Section 2.04.110 Council Representatives to State, Regional, Community and other Ordinance No. Page 17 of 24 External Organizations. A. Role and Responsibilities of Council Representatives. 1. City Councilors may be appointed, either by the City or by another entity, to serve as the City of Ashland's representative to State, Regional, and Community organizations. In all cases, the City's representative will follow the bylaws and guidelines for service of the ` organization to which they have been appointed. 2. 't'he purposes of serving as an official Representative to State, Regional, Community, and other external organizations are to ensure effective working relationships with other agencies and organizations, ensure that Ashland uses all possible avenues to achieve community goals; achieve City Council goals both within the community and in the Rogue Valley; protect the home rule authority of the City of Ashland to make decisions that are best for the community; ensure that key City revenue streams are protected; and secure federal and state funds for projects that benefit the City of Ashland and other community institutions. 3. City Councilors are expected to represent the full City Council in their work as Representatives. Representing a position other than the official position of the City of Ashland is grounds for removal under paragraph E. 4. City Representatives serving as voting members on another organization' s Board of Directors (such as the Rogue Valley Council of Governments) should work in the best interest of that organization when not in conflict with best interest of the City of Ashland. When presented with a conflict, the member shall declare the conflict and, if necessary, recuse himself/herself from the matter. 5. If the City Councilor serving as a Representative is asked to take an official position on an issue that affects the City of Ashland and the City' s official position is unknown or unclear, the City Councilor should request that the item be placed on a City Council agenda in accordance with AMC 2.04.030 for full City Council action. 6. City Council members may attend meetings of state, regional, and community organizations as citizens of Ashland . When attending as a citizen, Council members must identify their comments as personal views or opinions not a representation of City Council policy. B. Attendance. Representatives should attend all regular meetings of the organizations to which they have assigned. In the event a Councilor has difficulty attending, the Representative should find an alternate to attend on the City's behalf. In the event of a continuing scheduling conflict, the City Representative should ask the Mayor to be reassigned. C. Reporting to the Council. Council Representatives shall periodically report to the entire Council on significant and important decisions activities of each state, regional, and community organizations to which they have been assigned. Council members may also request that representatives of these organizations may be invited to give a short annual presentation to the Council. Ordinance No. Page 18 of 24 1). City Representative Appointment Process and Term. I. The Mayor will appoint a Councilor to represent the City to state, regional, and community organizations to which the City is entitled to an official delegate. The City Council shall confirm these appointments. 2. The Mayor and City Councilors may also be invited by external organizations to represent either the City of Ashland or "Cities" in general. In these cases, the Mayor or Councilor that has been asked to serve will inform the City Council in a regular meeting of the assignment and request that the City Council confirm the appointment. 3. Councilors interested in a particular subject area should inform the Mayor of their interest - and the Mayor should take the expression of interest and/or a Councilor' s preference into account when making appointment decisions. City Representative appointments shall be for a term of one year unless otherwise expressly stated. Appointments are generally made on an annual basis in January and the Mayor shall make an effort to rotate liaison assignments if there is more than one Councilor expressing a preference for an specific appointment. E. Removal from a Representative Assignment. The Mayor or a Councilor may be removed for any reason from a specific representative position or assignment upon two-thirds vote of the entire Council. Section 2.04.120 Councilor Expenses. A. The City will reimburse a Councilor or the Mayor for expenses that are directly related to City business in accordance with the City's reimbursement policy. Councilors are required to submit all statements as required by ORS 244. Section 2.10.005 Purpose. Advisory commissions and boards (advisory bodies) require uniform rules, policies and operating procedures to assure maximum productivity and fairness for members and the public. Except where otherwise provided in this Code, the following policies and procedures govern all the City's commissions and boards, as well as ad hoc entities. Nothing herein removes the requirement for compliance with more specific regulations and guidelines set forth by state statute, administrative rule, ordinance, or resolution specific to the advisory body. These roles do not apply to the elected Parks and Recreation Commission. Section 2.10.020 Terms, Term Limits and-Vacancies. All successors to original members of an advisory commission or board, shall have a three (3) year term, except as otherwise provided in the appointment order. Notwithstanding the three year limitation, Planning Commissioners and Budget Committee members not on City Council shall serve four (4) year terms. All regular terms shall commence with appointment and shall expire on April 30 of the third year, unless otherwise provided in the appointment order. The appointing authority may stagger terms in the original appointment order as necessary. Members may serve three (3) terms on any single commission or board, after which time the Mayor and Council will give due consideration to other qualified candidates before making a Ordinance No. Page 19 of 24 reappointment. Any vacancy shall be filled by appointment by the Mayor, with confirmation by the City Council, for any unexpired portion of the tern as provided in AMC 2.04.090.C. Section 2.10.025 Meetings and Attendance. Unless otherwise provided by law, the number of meetings related to business needs of an advisory commission, or boards may be set by the advisory body. All Each members ore exj eeted to must attend all at least seventy-five percent (75%) of the full advisory body's regularly scheduled meetings, study sessions and special meetings which occur within each twelve-month period from May 1 to April 30 and while the person is a member of the advisory bodv. Generally, advisory bodies may not allow alternates to represent or stand in for a member at a meeting. Notwithstanding the foreeoine preclusion of alternates, on advisorv bodies with some members who arc appointed by an entity other than the Mayor and City Council and who serve as a representative of the appointine entity, an alternate may participate and vole for the named member by proxy at any meetine of the advisorv body, and such participation by the alternate will be deemed to be attendance by the named member. A member should provide at least 48-hour notice to both the chair of the advisory body and the staff liaison regarding anv planned absence from a scheduled meeting of the advisory body. In the event an unexpected emergency will cause a member to If -pr'.`-- be absent from a meeting, the member must notify the chair or the staff liaison at least two hours prior to the meeting. An) member whe has two or enere "HeNeused .bsenees in ° month -.....:..A 1imma..- 1 tune an ar 1..1. 1 Deeember 311 shall be eansidered in netive and the position i,aeant. FuF!heF any member not attending a minimum of two tL:-.1 (23) of a" ....L...1. led meetings /:__l.._:.'_ of stud sessions and speeial meetings) shall he PonsidpFM ingptivp and the position . Each advisory body should review member Aattendance shot' be reviewed by the eammis_:-- 9F 'porn 1 wing the ___..1__I- scheduled meetings in 1.....,....y and r..l. approximately every six months with a-eepeFt sen and report to the Mayor and City Council advising -uf on the need for appointments or re-appointments, if necessary. Section 2.10.040 Quorum and Effect of Lack Thereof A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions. Non-voting ex officio members, staff and liaisons do not count toward the quomm. A majority of the quorum * s neeessary to adopt any motion. Members need not be physically present at a meeting if another means of attendance (e.g. telephonic, intemel etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt an motion: some motions require the affirmative vote of at least two- thirds of the members present. If the members in attendance do not constitute a quorum. if tomeFe is - quorum for no deliberations towards a decision or any other official business may be conducted, except for informational presentations by staff or invitees, wed and the members present may leave. Section 2.10.050. Election of Officers, Secretary, and Subcommittees. Al its first meeting fallowing the appointment or reappointment of members each year, of the-yeaF the advisory commission or board shall elect a chair and a vice chair who shall hold office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an Ordinance No. Page 20 of 24 officer for more than tare three consecutive annual terms. Without the need for an appointment, the head of the City Department staffing the commission, committee or board shall be the Secretary and shall be responsible for keeping an accurate record of all proceedings. The Department head may delegate such tasks to a staffliaison. Subcommittees may be formed for the purpose of gathering information and forming a recommendation to be brought forward to the full advisory body. Rrevided-heweveaQnly the full body can make recommendations to the City Council. Subcommittees must comply fully with the requirements of Oregon Public Meetings law. Section 2.10.060 Agendas and Minutes. The chair or staff liaison will be responsible for the agenda of all meetings oradvisory commissions and boards. A member or staff liaison will be responsible for taking minutes. Agendas and minutes will be posted on the eCity's web site. Members are encouraged to access those documents from the web site. Staff will email or mail documents to members upon request. If the advisory body has a current Council Liaison, the Liaison shall periodically should be given the opportunity to report to the commission or board neriodically. Section 2.10.065. Goals. Advisory commissions and boards are encouraged to establish annual goals and action items that reflect the body's charge as stated in the specific commission ordinance. Advisory bodies are expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. Section 2.10.070. Rules and Regulations. The advisory commission or board may make such rules and regulations as are necessary for its govemance, including the conduct of meetings, when not inconsistent with Ashland City Charter, Ashland Municipal Code or Oregon law. These rules may be less formal than the meetine procedure rules in AMC 2.04.40 RobeF4s Rules of Orde . In the event of conflicts that cannot be resolved less formally, Roberts Rules of Orde AMC 2.04.040 shall be used as the standard for meeting rules and procedures. Failure to strictly €ellew comply with Rah-As Rules of Ordee the rules on meetine procedure in AMC 2.04.040 shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. Section 2.10.055 DeliberaEiens: it is the duty ef the ehair or presiding effieep to ensure d,it --Ph Member hes4he appat4HHit3'#OSpeftIb Njernberri speak only farflietraselies and shall he open, diFeet and candid. Metabem shall sat:*ve te delabeFate to a deeision and shall rely upon the ehnir to keep the diseussiari moving. No membepshall speak mom than once until Pve"membeF ehousing to spealt slud! have spolien or ii nived their right to do so. No member shall Spent m ter' than t...:..e on the some tion without lea a of the pmsiding a ffieer ~ Section 2.10.105 Reports. Each Aadvisory commissions and boards shall submit copies of its minutes to the eCily eCouncil and shall prepare and submit such reports and make such presentations to Council as Ordinance No. Page 21 of 24 from time to time may be requested by the Mayor and City Council. The chair of each advisory body should expect to make at least one presentation to the Council each vear on the advisory body's goals and accomplishments and on recommended goals for the Council to consider adopting. Unless otherwise expressly provide in the Ashland Municipal Code or State Law, all reports or recommendations of City advisory bodies committee shall be considered advisory in nature and shall not be binding on the mayor or eCily cLouncil. Section 2.18.10 Established Membership (Conservation Commission). The Conservation Commission is established and shall consist of nine (9) voting members including one representative of the solid waste franchisee for the city; and one representative from Southern Oregon University; and one representative from the Ashland School District and six (6) other voting members. At least five (5) of the other members shall reside within the city. The commission shall also consist of certain non-voting ex officio members, including the mayor or one council member serving as council liaison, the Department of Community Development Director and the Electric Utility Director, the Director of Public Works, the Building Official and City Administrator. The _ . The Primary staff liaison shall be appointed by the City Administrator and shall serve as Secretarv of the Commission. Voting members shall be appointed by the Mayor with confirmation by the City Council Section 2.28.100 Electric Utilities Department - Functions. The functions of the Electric Utilities Department are the construction, operation, and maintenance of the electric distribution system; the installation of all new lines, services and meters; the maintenance of the hydro-generation plant; the preparation and submission of proposed work programs including estimates of cost; and the installation, maintenance and operation of all electrical equipment and facilities of the City, pregmins for energy eansetwation Fequired by stnte or federn! in", or us approved by the City Gou"eil. Section 2.284130 Finance Department - Functions. The functions of the Finance Department are the administration and collection of various City taxes, licenses, and permits and the administration of ordinances and state laws applicable thereto; the receipt and safekeeping of all City money; preparation and control of the City budget; procurement of materials, supplies, equipment and services for all departments, xeept the Perlis and Reerentioll Gaininimmetic receipt, storage and issuance of supplies, materials and equipment; the disposal of surplus property; fiscal and property accounting for all departments Commission; except the Ashland Parks ond RperpotioH data processing; financial estimating, planning and programming; billing and collecting; investment of temporarily idle funds in cooperation with the City Recorder; dispatching of utility connect and disconnect orders; risk management and insurance administration; elenning, maintenance a"d repair of n" publie hHi'diHgS belORgiHg tO the City used fo general adinhiistrath e purposes; establishing unit operating a eentmlized m arehouse; ..i_:_:..._..:.._ and control of the C mete..- n_...._....__.j the performance of all duties prescribed by the City Charter and ordinances and the laws of the State for those officers Ordinance No. _ Page 22 of 24 and officials included in the Finance Department and the performance of such other functions as may be assigned by the City Administrator or prescribed by the City Council. Section 2.28.340 Public Works Department-Functions. The functions of the Public Works Department are the construction and maintenance of all streets, alleys, sidewalks, paths, bike paths, rights-of-way, and courts now open or which hereafter may be opened; the cleaning of streets; the construction, maintenance, and operation of the sewer and storm drain systems; the maintenance and operation of the sewage disposal plant the construction, maintenance and operation of the water distribution systems, the maintenance and operation of the water filtration plant; the supervision of all work done on streets, alleys, or other public ways, land, buildings, or other structures by anyone other than the City; supervision of the repair and maintenance of all motor equipment of the City,eepRe~nlpmeeH-efike the performance of traffic engineering; the planning, improvement and maintenance of the Ashland Municipal Airport; the performance of all phases of engineering work required in connection with all the functions of said Department; the keeping of records of all surveys and measurements made, which records shall be open for public inspection. Section 2.28.354 Community Development Department - Functions. The functions of the Community Development Department are the preparation and maintenance of the Comprehensive Land Use Plan of the City as required by State Law; the preparation of ordinances, policies, maps and studies implementing said plan; the processing of applications for planning actions set forth in Title 18 of this Code; with the assistance of the Police Department, the enforcement of all laws, ordinances and regulations governing the erection and occupancy of buildings and structures, and the alteration of or additions to buildings and structures as required in Title 15 of this code; anJ with the assistance of the Police Department, the enforcement of all laws and ordinances governing zoning and land-use as set forth in Title 18 of this code; and the development and implementatign of energy eenservation programs as may be approved by ^GityAdminktFittor or City Cautteil. the SECTION 2. Severabilily. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word `ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e., Sections [Nos. 2-31 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 2013, and duly PASSED and ADOPTED this day of , 2013. Ordinance No. Page 23 of 24 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of 2013. John Strombcrg, Mayor Reviewed as to form: _ ON -Hvy David H. Lohman, City Attorney Ordinance No. _ Page 24 of 24