The URL can be used to link to this page

Home My WebLink About2015-0106 Council Agenda PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 6, 2015 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:45 p.m. Oath of Office: City Councilors Mike Morris, Stefani Seffinger, and Pam Marsh for a term to expire December 31, 2018. 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. ELECTION OF COUNCIL CHAIR V. MAYOR'S ANNOUNCEMENTS VI. APPROVAL OF MINUTES 1. Study Session of December 15, 2014 2. Business Meeting of December 16, 2014 VII. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of January 10, 2015 as Tree-Cycle day in Ashland Vlll. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] IX. CONSENT AGENDA 1. Approval of a public contract to Professional Sales and Service for a Type 1 Ambulance COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15. 2014. CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 2. Special procurement for the purchase of flame resistant clothing from Tyndale Company X. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. 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) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None XI. UNFINISHED BUSINESS None XII. NEW AND MISCELLANEOUS BUSINESS 1. Approval of AFN Strategic Business Plan 2. Annual review of Investments Policy for the City of Ashland 3. Council adoption of administrative goals and objectives 4. Council discussion of proper interpretation of AMC 2.04.030.B(1), "Agenda Additions by Councilors" XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution of the City Council declaring the Chautauqua Square Fountain surplus property" 2. First reading of an ordinance titled, "An ordinance amending Ashland Municipal Code Chapter 4.34, Food and Beverage Tax" XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrators office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US TV Minutes for the City Council Study Session December 15, 2014 Pagel o173 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 15, 2014 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room. Councilor Rosenthal, Morris, Slattery, Lemhouse, Marsh, and Voisin were present. 1. Public Input Amy Felmley/187 Gresham Street/Since the last time she spoke before Council, a deer chased her friend and dog down a street. A passerby had to let the woman and her dog into his car and drive them home. The community kept referring to these attacks as rare. This was the third aggressive attack in less than three months in roughly a three-block radius from where she was attacked. That was not rare. It was a pattern and something that needed to be dealt with. Part of the education should include how police respond to calls regarding deer attacks. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion of procedures for getting proclamations and endorsements on Council business meeting agendas Councilor Rosenthal explained for the past year and a half there did not appear to be a set policy on how the Mayor and Council considered proclamations. It seemed subjective and needed objective analysis of the types of things the Council and Mayor would endorse. He found a personal request for a proclamation earlier in the year from a business inappropriate. It did not go forward but was a clear attempt at commercialism. Another issue was annual proclamations where the dates were not changed. He questioned whether these annual events needed a proclamation. He suggested a guideline for proclamations that included a two-thirds vote from Council. City Attorney Dave Lohman clarified under Ashland Municipal Code 2.04.050 Order of Business at Regular Meetings (C) Special presentations, proclamations and awards, proclamations were made and placed on the agenda at the discretion of the Mayor. The Mayor could set up a procedure or have none. Mayor Stromberg explained there were a few occasions where the he made a proclamation that represented his point of view as the Mayor of the Community and Council was not responsible. Other proclamations came across as if they belonged to the Council and he thought Council needed to have a say. Once or twice, over the past six years, a Councilor disliked a proclamation the Mayor thought was meaningful for the City and they agreed to keep it as the Mayor's proclamation. Council comments thought proclamations should stay with the Mayor's position and be read by the Mayor with occasional special proclamations from Council. Other comments included Council voting unanimously to support a proclamation and if one councilor disagreed, it became the Mayors. Council noted they did not want to read the Mayor's proclamations. Mr. Lohman read AMC 2.04.050 Order of Business (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." Council discussed criteria that would exclude personal proclamations and commercial items along with criteria the Mayor and Council generally agreed with. Opposing comments thought the proposed guidelines were Regular City Council Meeting December 16, 2014 Page 1 of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 16, 2014 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Public Arts, Transportation, Housing and Human Services, and Tree Commissions. Councilor Slattery announced the Southern Oregon University football team would play in a national championship game for the National Association of Intercollegiate Athletics (NAIA) Friday December 19, 2014. APPROVAL OF MINUTES The minutes of the Executive Session of November 18, 2014, Study Session of December 1, 2014 and Business Meeting of December 2, 2014 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation by Representative Peter Buckley and Senator Alan Bates on the upcoming legislative session Representative Peter Buckley and Senator Alan Bates explained the state continued to come out of the recession and the economy was rebounding. State revenue was not at the level to make an investment in education but had made strides in healthcare. Reforms in public safety allowed them to stop construction plans for the next prison. They were able to add full day Kindergarten statewide but were not ready to bring back more school days, teachers, or programs. The legislature also discussed revenue and kicker reform. Upcoming issues in the next session included climate change, the clean fuels act, a possible transportation package, implementing Measure 91, and mental health. Medical marijuana dispensaries would most likely fade out over the next 2-4 years as recreational marijuana outlets provided more access to marijuana due to legalization. There were concerns taxing marijuana would raise prices drastically and push consumers back to the black market. The mental health system was broken and the bureaucracy in Salem Oregon nonfunctional with caseworkers spending 60% of their time reporting instead of taking care of their patients. Another issue was who should have the final authority and responsibility of the mentally ill, the county or the state. There were models around the country with better outcomes for half the price. A transportation package was forthcoming. The state was moving away from the gas tax to a different funding mechanism. The clean fuels bill would pass again but there was concern the state was not aggressive enough regarding climate change and action. Representative Buckley and Senator Bates explained Southern Oregon University (SOU) having to reconstruct the athletic facility had increased costs and jeopardized the swimming pool. There was the Regular City Council Meeting December 16, 2014 Page 2 of 8 possibility of building the pool next to McNeal Pavilion with funding coming from a partnership between SOU, Ashland School District, and the City. 2. Annual presentation by the Planning Commission Planning Commission Chair Richard Kaplan explained the Commission participated in indentifying a downtown review of zoning, worked on an assessment for the City's approach to master planning, and infill strategies along transit corridors. During 2014, the Planning Commission reviewed an application to modify Verde Village Subdivision's Development Agreement, the Medical Marijuana Dispensaries Ordinance, short-term travel accommodations in residential zones, the Normal Neighborhood Plan, the master planning process, the Unified Land Use Ordinance, and amending the Wildfire Hazard Zone. Commissioners also sat in on the Downtown Parking Management and Circulation ad Hoc Advisory Committee, the System Development Charges Review Committee, and the North Neighborhood Plan Working Group. PUBLIC FORUM Jonathan Chenjeri/1301 Iowa Street/Voiced support for Southern Oregon Regional Economic Development, Inc. (SOREDI) and explained the program further. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Special procurement for the purchase of one aerial lift bucket truck 3. Contract addendum - Evergreen Job & Safety Training, Inc. 4. Liquor license application for SOM dba Happy Bowl 5. Liquor License application for Jeff Chase dba Ashland Valero 6. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2013-2015 biennium budget" Councilor Rosenthal pulled Consent Agenda item #2 for discussion. Public Works Superintendent Mike Morrison deferred two electric wire reel trailers scheduled for replacement until the next biennium to purchase the aerial lift bucket truck. Time and personnel changes made purchasing the electric wire reel trailers difficult. IT & Electric Director Mark Holden added they had refurbished two existing trailers that would last another year. Councilor Rosenthal/Voisin m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS 1. Direction to staff on how to enforce the Food and Beverage Tax ordinance Motion from the December 2, 2014 meeting: Councilor Marsh/Lemhouse m/s to defer enforcement of the Food & Beverage Tax Ordinance against prepared food operators at the Tuesday Growers Market until 2015. Councilor Rosenthal/Lemhouse m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Administrative Services Director Lee Tuneberg clarified the process for businesses out of compliance with the Food & Beverage tax and that it was usually resolved within a month. Staff sent forms in advance of the due date. If the City did not receive the tax within four days, staff contacted the business. Regular City Council Meeting December 16, 2014 Page 3 of 8 Ten days later the City sends an estimate letter. Staff assesses fees and interest and if necessary forwards the issue to collections. Staff also sends a letter and forms to businesses the City was unaware were operating in town. Back tax owed was estimation based on similar businesses and made accuracy difficult. Mayor Stromberg reinstated Council rules. DISCUSSION continued on motion: Councilor Voisin explained the City had not collected Food and Beverage taxes from the Growers Market for 22 years and did not think the City should collect unpaid taxes for 2014. Councilor Slattery would support the motion and emphasized this was not a trivial matter. It was incumbent on people doing business in a community to determine the rules and regulations. There was a shared responsibility and this was a learning experience. Councilor Lemhouse/Slattery m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Mr. Tuneberg was sure there were no records of the Growers Market paying the Food and Beverage tax in the past. State retention on records from 1993-1996 did not require the City to retain specific data. Mayor Stromberg reinstated Council rules. DISCUSSION continued on motion: Councilor Rosenthal explained this was a matter of principal and resisted the notion that it was the City's responsibility to inform people in business of a well known tax in effect for many years and renewed in 2009. He would vote against the motion because it was unfair to the law abiding businesses. Especially businesses not in compliance for years that came into compliance after being assessed late fees and interest charges. A business needed to know the rules where they operate. Councilor Lemhouse added this was not a new tax and it was not fair to characterize the City as retroactively taxing the vendors on something the vendors should have paid all along. He understood vendors received misinformation from the Growers Market. In the past, the City held businesses accountable in very dramatic ways for not passing through taxes and had to stand firm. Inconsistency made him uncomfortable and he would not support the motion. Councilor Morris would not support motion either. He preferred tax due from the time of notification instead of all of 2014. It was a matter of fairness and consistency. The voters approved the tax twice. Councilor Marsh noted there was ambiguity on all sides. Lack of City records taxing the Growers Market in the past, vendors not aware the tax applied to their operations, and the Growers Market having one business license for all the operations. Enforcement in Ashland was about achieving compliance. The Growers Market was putting together a fair and reasonable plan to comply in 2015. Most of the vendors did not collect the tax during 2014. Councilor Slattery clarified the City had taken strong enforcement actions in the past on businesses that collected the tax and did not pay it and that was different from the Growers Market. The City had somewhat of a shared responsibility. He would support the motion. Mayor Stromberg understood the question of principles and consistency. What made this situation different was they were not ongoing physical businesses and the vendor had not collected the tax in the past and suspected they did not have excess profit. Additionally this was probably not a large amount of money from the City's point of view and questioned the time and effort staff would go through to illicit estimates. He supported compliance and making a clean start in 2015. Roll Call Vote: Councilor Marsh, Voisin, and Slattery, YES; Councilor Lemhouse, Rosenthal, and Morris, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Councilor Voisin wanted to amend the Ashland Municipal Code for the Food and Beverage Tax 4.34.030 Exemptions and add the Growers Market. Councilor Lemhouse raised a point of order that the explanation could come after Councilor Voisin made the motion. Mayor Stromberg ruled in favor of the point of order. Regular City Council Meeting December 16, 2014 Page 4 of 8 Councilor Voisin motioned to amend the municipal code for the Food and Beverage Tax 4.34.030 Exemptions adding (L) reading "sold by vendors at a Growers Market." Definition of Growers Market was the operation of a display space, booth, or table maintained for displaying or selling merchandise at any trade show, convention, festival, fair, market, or swap meet, provided the sponsor is licensed to do business. The definition came from the municipal code 6.040.085.A.4 under Business Licenses. City Attorney Dave Lohman explained this was an amendment to the code and would be an ordinance requiring notification mailed to Council two weeks in advance and then first and second reading. Councilor Voisin withdrew the motion and wanted it added to the next meeting. NEW AND MISCELLANEOUS BUSINESS 1. Biennial 2013-2015 Fifth Quarter Financial Report Administrative Services Director Lee Tuneberg explained the report showed quarter-to-quarter increases in the fiscal year comparison that totaled approximately $3,800,000 more expended. Total cash balances had gone down between the two fiscal years by $4,000,000. Things were running normally. The City would soon receive the first cash distribution for property tax of $8,000,000. The City will be down in year-to-year total cash balances $1,500,000 primarily due to capital improvements. Council wanted the reports sent to the Budget Committee a week earlier in the future and an executive summary added as well. Councilor Rosenthal/Slattery m/s to accept the Fifth Quarter Financial Report for Biennial 2013- 2015. Voice Vote: all AYES. Motion passed. 2. Adoption of the Strategic Plan for the use of social service grant funds Housing Program Specialist Linda Reid and the chair of the Housing and Human Services Commission (HHSC) Chair Rabbi Joshua Boettiger explained the following changes made to the plan: Strategic Priorities • Assistance to obtain and/or maintain housing • Supports to increase accessibility and availability of transportation options/services Implementation Strategies • Support proposals that leverage community collaborations or enhance community or existing regional partnerships • 20% of the overall grant allocation will be made available to support small grants; small grants include any request of up to $5,000, should the City not receive enough applications to allocate the balance of funds. The City will have the discretion to allocate any remaining balances to small grants. Outcome Measurement • Request the grant recipients to list their anticipated measurable activity/program outcomes Adoption of the plan would designate the Housing and Human Services Commission as the review body to provide recommendations to the Council. Councilor Marsh/Slattery m/s to adopt the Strategic Plan for the Use of Social Service Grant funds. DISCUSSION: Councilor Marsh supported the plan. Having the Housing and Human Services Commission participate in the process would be a tremendous benefit. Councilor Lemhouse had reservations removing the process from the Citizen Budget Committee. Alternately, the work the Commission produced convinced him otherwise and he supported the plan. Councilor Voisin noted the Commission met five Council goals and supported the Commission's efforts. Voice Vote: Councilor Regular City Council Meeting December 16, 2014 Page 5 of 8 Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh, YES. Motion passed. 3. Economic Development Strategy program and activity update Management Analyst Adam Hanks provided background on the Economic Development Strategy, shared program highlights, and scheduled activities for the next 6-12 months. Mr. Hanks clarified the City website had a link to the Ashland Business Portal and contained the City regulatory pieces. He planned to add focused City targeted information on the City website and further link in the portal. Council wanted website statistics regarding the portal brought to the Study Session for the Economic Development Strategy. Councilor Voisin noted the Chamber of Commerce conducted the last Business Retention and Expansion Survey, wanted an independent source to do the second survey, and suggested using the Southern Oregon University (SOU) Small Business Department. Mr. Hanks explained the Chamber of Commerce was under contract for the survey. Councilor Voisin urged staff to encourage the Chamber of Commerce to consider hiring SOU to conduct the survey. Mayor Stromberg agreed the SOU Research Center was a valuable asset but the Business Retention and Expansion Survey depended on the relationships between the Chamber of Commerce and the businesses they were interviewing. Sandra Slattery, the executive director of the Chamber of Commerce recently presented the Ashland Business Portal to Business Oregon who thought the model was outstanding and encouraged her to apply for national awards. Councilor Lemhouse raised a point of clarification that the suggestion Councilor Voisin was making was not actual direction to staff from Council. Councilor Voisin clarified she wanted the City to consider SOU and getting an independent research organization to conduct the Business Retention and Expansion survey. It would be good to have an independent source. 4. Responses to RFPs for downtown beautification projects Engineering Services Manager Scott Fleury explained the City received two responses to the requests for proposal (RFP) for landscape improvements to the Lithia Way and Pioneer Street parking lot and the triangle area at the corner of Lithia Way and Pioneer Street. The proposals came in high and staff recommended rejecting both and contacting three to five local landscape architects for informal solicitations instead. Criteria for informal and formal solicitations were similar. City Administrator Dave Kanner further explained the proposals received from the RFPs were not cost effective for the projects. Staff normally used an informal process for projects this small and it often consisted of a phone call. In this case, they did not due to the Council's interest in transparency and wanting proposals brought back to them for discussion and approval. Mr. Fleury added the same team that reviewed the RFPs would rate the informal solicitations. Councilor Rosenthal/Morris m/s to direct staff to move forward with a less formal procurement process with the final design approval by Council. DISCUSSION: Councilor Rosenthal supported staff and the rationale for an informal solicitation. Councilor Lemhouse wanted to ensure the process was clear and transparent to the public. Councilor Marsh would support the motion and liked the idea of Ashland contractors working on the projects. Roll Call Vote: Councilor Morris, Rosenthal, Lemhouse, Marsh, Slattery, and Voisin, YES. Motion passed. 5. Council direction to proceed with downtown plaza beautification projects Management Analyst Ann Seltzer explained the Downtown Plaza Beautification ad Hoc Committee made two recommendations related to the Plaza. The first was adding three freestanding planters with irrigation, and additional plants to the landscape beds with decorative fencing at the curb. The second Regular City Council Meeting December 16, 2014 Page 6 of 8 recommendation would replace pavers located within the half circle of the Plaza. Staff recommended informal solicitations instead of the formal request for proposal process. Councilor Lemhouse/Slattery m/s to direct staff to move forward and solicit bids for these projects using the intermediate procurement process with final design approval by Council. DISCUSSION: Councilor Lemhouse noted it was time to move forward since Council did not want to pursue a master plan for the Plaza. Council would approve the final design prior to implementation. Councilor Marsh was reluctant to approve the second project and questioned whether the community wanted to invest further in the paver controversy to the extent of $15,000. It would not placate the people upset with the pavers and she was not sure if anyone else was interested. Councilor Marsh/Rosenthal m/s to amend the motion and eliminate the second project. DISCUSSION: Councilor Rosenthal explained the Plaza was like a work of art that would never satisfy everyone and was not sure the City needed to invest $15,000 to replace pavers. The recent redesign was a huge improvement over what it was before. Councilor Slattery commented that Council asked a committee to make recommendations and he was reluctant to go against it. Councilor Morris would support the second project for the same reason Councilor Slattery stated. Councilor Slattery/Lemhouse m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Downtown Plaza Beautification ad Hoc Committee Chair Brent Thompson explained the Committee tried to give Council manageable projects to debate and alter. The vote on the pavers was not unanimous. The Committee strongly supported fencing to protect the landscaping. He suspected the Committee would want to add more planters in addition to the three proposed. Councilor Lemhouse/Morris m/s to reinstate Council rules. Voice Vote: all AYES. Motion passed. Continued discussion on amendment to main motion: Councilor Voisin would support the motion. She did not think the City should spend that much money on the Plaza when there was a committee looking into a downtown master plan. Councilor Slattery/Marsh m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Downtown Plaza Beautification ad Hoc Committee member Dawkins disagreed with changing the pavers. Ms. Seltzer added there were times where the Committee felt their sole purpose was to respond to the pressure to do something about the pavers. Chair Thompson clarified it was a split vote and it was Council's decision. Councilor Lemhouse/Morris m/s to reinstate Council rules. Voice Vote: all AYES. Motion passed. Councilor Slattery/Marsh m/s to call for the question. Voice Vote: all AYES. Motion passed. Roll Call Vote on amendment: Councilor Rosenthal, Marsh, Slattery, Voisin, YES; Councilor Morris and Lemhouse, NO. Motion passed 4-2. Continued discussion on amended main motion: Councilor Voisin would not support the motion. There was significant movement in one of the committees to have a master plan and to spend money now did not make sense. Councilor Lemhouse did not want a misconception there was a master plan. He was unaware of a master plan for the downtown at this point. Roll Call Vote on amended main motion: Councilor Morris, Rosenthal, Lemhouse, Marsh, Slattery, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Marsh wanted staff to determine if there was Transient Occupancy Tax money in the current year's fund that could go to hanging baskets in the downtown. City Administrator Dave Kanner talked to the City Managers for the City of Phoenix and the City of Central Point who paid Four Seasons Nursery Regular City Council Meeting December 16, 2014 Page 7 of 8 $300 per basket to hang the baskets, water and fertilize them during the summer. Four Seasons Nursery was willing to give the City of Ashland the same contract. The baskets would not go on posts with signs. Councilor Lemhouse/Rosenthal m/s to direct staff to bring back a proposal regarding hanging plants in the downtown area. Voice Vote: all AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution establishing a bee sub-committee and consenting to the requirements of becoming a Bee City USA" City Administrator Dave Kanner explained the Parks Commission agreed to form a sub-committee as part of becoming a Bee City USA. Other steps involved filling out the application, placing a Bee City USA sign in the community and holding an annual celebration. Council needed to adopt the resolution establishing Ashland as a Bee City USA. Park Commissioner Chair Stefani Seffinger confirmed the Parks and Recreation Department would host the annual celebration and plant pollinator plants in Ashland Creek Park with a Bee City Park sign. The Park dedication would also incorporate the Bee City USA annual celebration. Cara Cruickshank/1193 Ashland Mine Road/Explained she was the founding director of a non-profit started in Washington called the Natural Landscapes Project and a member of the Pollinator Project of Rogue Valley. President Obama was interested in a federal strategy to promote the health of honeybees and other pollinators. Pollinators included bats, humming birds, bugs, and others. Protecting bees and pollinators protected the food supply. It was an economic issue and important. Colony collapse disorders were causing a 10% loss in bees annually over the past decade. There were only a few Bee City USA cities in the nation and Ashland would be on the forefront of a movement receiving executive level support. There was a growing awareness of pesticides and habitat loss for pollinators. Pesticides wrecked the navigation systems bees and salmon used and affected neurological and reproductive systems in humans. Councilor Slattery/Lemhouse m/s to approve Resolution #2014-25. DISCUSSION: Councilor Slattery spoke in favor of the groups that lobbied for Bee City USA. Councilor Lemhouse added it was a worthwhile venture. Councilor Marsh thought it was great the Parks and Recreation Department had the initiative and creativity to take this on. Roll Call Vote: Councilor Morris, Voisin, Marsh, Rosenthal, Slattery, and Lemhouse, YES. Motion passed. 2. Second reading of an ordinance titled, "An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised Unified Land Use Ordinance" Planning Manager Maria Harris noted one substantive edit to 18.2.5.030.A, B, and C regarding purveous paving that changed from "whichever was greater" to "whichever is less" to make it proportional to the lot size. She went on to read corrections to scrivener errors. Councilor Voisin/Morris m/s to approve Ordinance #3105 as amended. Councilor Voisin/Rosenthal m/s to amend motion to Table 18.2.6.030 concerning standards for maximum building height in Non-Residential Zones as follows: In the portion of the of the Table 18.2.6.030 on page 2-53 setting forth the maximum building height in C-1 Zones, retain the words "40 feet" and delete all other words in that portion of the table. DISCUSSION: Councilor Voisin did not want the height raised in commercial zones. She supported the entire land use ordinance except for the height increase. Councilor Rosenthal had similar concerns in relation to public safety equipment needs. He would vote against the amendment but hoped the City would come up with a way to reconcile competing needs and policy decisions. Councilor Lemhouse would not support the amendment. The City Regular City Council Meeting December 16, 2014 Page 8 of 8 had pushed an infill strategy aggressively for many years and would find a way to deal with the public safety issues. Councilor Voisin commented increasing building height to 55 feet with an additional parapet would take away from the beauty and quaintness of the community in addition to public safety concerns. Roll Call Vote on amendment: Councilor Voisin, YES; Councilor Lemhouse, Marsh, Morris, Rosenthal, and Slattery, NO. Motion failed 5-1. Roll Call Vote main motion: Councilor Lemhouse, Marsh, Morris, Voisin, Rosenthal, and Slattery, YES. Motion passed. City Attorney Dave Lohman explained Council needed to adopt Findings inadvertently left off the Council Communication. He clarified information in the newspaper regarding a provision requiring a conditional use permit (CUP) to increase height to 55-feet in the CAD zone. That provision had existed since the adoption of the Comprehensive Plan. What was new was allowing height up to 55-feet in the C- 1 zone. Councilor Lemhouse/Morris m/s to adopt Findings & Conclusions repealing Ordinance No. 2052 and replacing in its entirety existing Title IS Land Use of the Ashland Municipal Code with a restated and revised Unified Land Use Ordinance. DISCUSSION: Councilor Lemhouse thanked Ms. Harris for her hard work and effort amending the code. Roll Call Vote: Councilor Lemhouse, Marsh, Morris, Voisin, Rosenthal, and Slattery, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Rosenthal thanked Councilor Slattery for his great service to the City and was pleased he would serve on the Board of Trustees for Southern Oregon University. Councilor Lemhouse added his gratitude to Councilor Slattery. Councilor Marsh shared a story about a homeless man who was moving into an apartment at the end of the week and thanked Councilor Slattery for driving the need for a Resource Center. Councilor Slattery responded he was very proud of what Council had accomplished and thanked Council, City Administrator Dave Kanner, staff, the City Recorder, City Attorney Dave Lohman, and Mayor Stromberg. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:12 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ~J~y ~4 e o Y+ PROCLAMATION , "29TH ANNUAL CHRISTMAS TREE RECYCLE DAY" _ a°° Q • Solid waste disposal and a dwindling capacity in our landfills is a critical k' ° national problem. Garden waste contributes a significant volume in our landfills. • Troop 112 of the Boy Scouts of America, with assistance from the Ashland °°b Parks Department, pick up and chipped Christmas trees in the City of Ashland, a°° • The chipped material was used on ark trails an ~ Y , p and as mulch for plants and did not enter the "waste stream." • The Ashland Lions Club supports this effort by donating volunteer power and equipment to transport the pick-up crews. a ,n o°~ NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim Saturday, January 10, 2015 as: ®o~ "CHRISTMAS TREE-CYCLE DAYINASHLAND and hereby urge all citizens to set out their tree near the curb on Friday, January 9 d Q to be picked up on Saturday, January 10th, and to consider making a donation to } assist the Troop in their community service activities. Dated this 6th day of January, 201.5 o , °o ° John Stromberg, Mayor ➢ o Barbara Christensen, City Recorder Yt~y O ° p '°~jj°~~, o ✓(y~J O O O 0 O O O O CITY OF -ASHLAND Council Communication January 6, 2015, Business Meeting Approval of a public contract to Professional Sales and Service for a Type-1 Ambulance FROM: John Karns, fire chief, Ashland Fire and Rescue, karnsj@ashland.or.us SUMMARY Ashland Fire & Rescue is seeking approval to award a contract to Professional Sales and Service for one Type-1 ambulance to replace the oldest ambulance in the fleet, unit # 133, a 1993 unit. BACKGROUND AND POLICY IMPLICATIONS: Ashland Fire & Rescue operates a fleet of ambulances to meet the needs of its EMS division. Each ambulance has a calculated service life of 15 years and funding is based on that life span. The sourcing method for this public contract is a Competitive Sealed Bid/Invitation to Bid #2014-102. The ITB was mailed to five recipients and the City received five bids in response to the ITB. The five responses are as follows: Bidder: Hughes Fire Equipment $233,503.00 Manufacturer: Braun Liberty 240 Days Bidder: Life Line $196,758.00 Manufacturer: Life Line 210 Days Bidder: PSS (Professional Sales & Service) $196,055.00 Manufacturer: Horton 240 Days Bidder: Braun Northwest $187,522.00 Manufacturer: North Star 240 Days Bidder: Taylor Made $169,442.00 Manufacturer: Taylor Made 90 Working days from receipt of chassis After careful review, it was determined that the response from PSS was the lowest bid with few exceptions that reasonably met the specifications developed for the ambulance. COUNCIL GOALS SUPPORTED: PUBLIC SAFETY GOAL (2013-2015) Public safety and other city agencies, along with the community, collaborate effectively to ensure security for all and improve overall livability. Page I of 2 IFFEAN, CITY OF -AS H LAN D • Provide modern, fully equipped facilities and equipment for city public safety functions FISCAL IMPLICATIONS: The vehicle replacement fund has $200,000 budgeted for the replacement of vehicle #133. This contract will be for $196,055. There will be some additional costs preparing the vehicle to go into service estimated at $2,000 to $3,000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval to award a contract for $196,055 to Professional Sales and Service for one Type-l ambulance. SUGGESTED MOTION: I move to award a contract to Professional Sales and Service in the amount of $196,055 for the purchase of one Type-1 ambulance. ATTACHMENTS: N/A Page 2 of 2 CITY OF ASHLAND Council Communication January 6, 2015, Business Meeting Special Procurement for the purchase of flame resistant clothing from Tyndale Company FROM Mark Holden, director of information technology and electric utility, holdenm@ashland.or.us SUMMARY This Contract-specific Special Procurement will allow the Electric Department to procure flame resistant clothing directly from Tyndale Company for a term of five (5) years, which will expire on December 31, 2019. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The completed Special Procurement, Approval Request Form and Written Findings, are attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. The City of Ashland is required by Occupational Safety and Health Act (OSHA) standards and rulings to provide protective clothing and other items of protection for the employee's safety. This request is for the purchase of the personal protective equipment (PPE) clothing covered under the OSHA rules. OSHA requires the employer to pay for OSHA required PPE. On April 1, 2015 the PPE requirements have been expanded and are contained in OSHA 1910.132 and OSHA 1910.269. In addition, the International Brotherhood of Electrical Workers (IBEW), Electrical Worker's Contract, article XIV, section 8 states "If an employee is required to wear a uniform, protective clothing or use any type of protective device, such article shall be provided, maintained and cleaned by the City." Based on a review of average cost, manufacturer recommendations for normal wear and the loss of fire resistance due to cleaning, each employee will be provided with an annual one thousand dollar Page 1 of 2 ~r, CITY OF ASHLAND allowance toward the purchase of flame resistant clothing (shirts, pants, caps and other outerwear). There are presently fourteen employees who will receive the allowance for a total of fourteen thousand dollars per year. COUNCIL GOALS SUPPORTED: None FISCAL IMPLICATIONS: The annual allowance to purchase flame resistant clothing is being increased from three hundred to one thousand dollars per year, per employee. The annual cost will be fourteen thousand dollars for fourteen employees. The amount exceeds the current annual budget of $5,712.00. The difference in funding will be absorbed by holding other line items sufficiently below their budgeted amounts. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Contract-specific Special Procurement be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Contract-specific Special Procurement for the purchase of flame resistant clothing from Tyndale Company. ATTACHMENTS: 1. Form #9, Special Procurement, Request for Approval and Written Findings 2. Letter provided by Tyndale Company Page 2 of 2 ~t, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mark Holden Date: January 6, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Electric Department 2. Department Contact Name: Mark Holden 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From Upon Council approval To: December 31, 2019 5. Total Estimated Cost: _ $1,000 allowance per year, per employee Currently there are 14 employees and the cost for FY 2015 will be $14,000.00 6. Supplies and/or Services or class of Supplies and/or Services to be acquired Per International Brotherhood of Electrical Workers (IBEW) union contract ' an employee is required to wear a uniform, protective clothing or use any type otprotective device such article shall be provided maintained and cleaned by the City." Each emplovee in the electric department will now receive an annual clothing allowance of $1,000.00. In addition employers are also required to provide hardhats gloves ear protection eve protection and other personal protective equipment 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: A Class-Special Procurement was approved by Council July 20 2010 for a term of five (5) years with an expiration date of June 30, 2015 The annual allowance is increased from $300 to $1,000 per year, per OSHA standards and rulings effective April 1 2015 and in accordance with the Form #9 - Special Procurement- Request for Approval, Page 1 of 3,12/30/2014 MEW contract: therefore the Class-Special Procurement approved on July 20 2010 is no longer valid as the terms have changed (dollar value). Proposed procedure: Electric department is seeking an exemption from competitive bidding to directly purchase flame resistant clothing from Tyndale Company for a term of five (5) years 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Tyndale Company sells all three manufacturers Tyndale Carhartt and Bulwark that are known to sell flame retardant clothing But Tyndale can only be purchased directly from Tyndale Tyndale is manufactured in the United States which meets the City's procurement policy (Resolution 2008-45 to purchase "SWEATSHOP FREE". Carhartt is manufactured inside and outside the United States (primarily Mexico) And Bulwark is manufactured outside the United States. Tyndale has account management set a for the City ofAshland, as well as individual accounts set u for each of the City's employees. Tyndale directly invoices the City for up to $1,000.00 for each employee and directly invoices the employee for the amount that exceeds $1,000.00. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Tyndale Company sells all (3) manufacturers but out of the three only Tyndale is manufactured solelX in the United States. Therefore buying Tyndale satisfies the City's "SWEATSHOP FREE" procurement policy (Resolution 2008-45) (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and _X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: Having "one" account set up with Tyndale Company will eliminate the additional cost of having to set up/manage accounts with multiple suppliers and process/issue multiple payments to suppliers as well as process/issue multiple reimbursement checks to employees (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065, or 27913.070, or any rules adopted thereunder because: It is in the best interest of the City to have "one account" set up with Tyndale Company to satisfy the requirements of OSHA the MEW union contract and the City's sweatshop free procurement policy. The allowance approach to Personal Protective Equipment enabled through Tyndale is recognized by OSHA as meeting OSHA requirements. Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3,12/30/2014 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Date Public Notice first appeared on www.ashland.or.us - January 7, 2015 [If approved January 6, 2015] PUBLIC NOTICE Approval of a Special Procurement First date of publication: January 7, 2015 [If approved January 6, 2015] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on January 6, 2015. [If approved January 6, 2015] The City intends to directly award a contract to Tyndale Company for flame retardant clothing. Per International Brotherhood of Electrical Workers (IBEW) union contract, "If an employee is required to wear a uniform, protective clothing or use any type of protective device, such article shall be provided, maintained and cleaned by the City. " Each employee in the electric department will be provided an annual allowance of $1,000.00 for flame resistant clothing. There are currently 14 employees who will receive $1,000 for a total of $14,000.00 per fiscal year. The Tyndale Company sells flame retardant clothing that is manufactured by Tyndale, Carhartt and Bulwark. However, Tyndale is the only one that is solely manufactured in the United States and in addition, satisfies the City's sweatshop free procurement policy (Resolution 2008- 45). It is in the best interest of the City to have "one account" set up with Tyndale Company to satisfy OSHA standards and rulings, IBEW contract requirements and the City's sweatshop free procurement policy. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, City of Ashland, 90 N. Mountain, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on January 14, 2015 [if posted, January 7, 20151. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3,12/30/2014 I .y TYNDALE PROUD TO PROTECT 3 f E 4 December 12, 2014 Mary McClary City of Ashland 90 North Mountain Avenue Ashland OR 97520 Dear Ms. McClary: Please accept this letter in your response to your request for information regarding Tyndale's compliance with the City of Ashland's sweatshop free work environment requirements. All Tyndale-manufactured apparel is Made in the US in facilities that follow US labor laws and meet the standards associated with the sweatshop free work environment. The locations of our US-based manufacturing facilities are considered proprietary - E we do no share location-level detail; however these facilities are located in the following states: GA, KY, NC, NY, PA, TN. Carhartt and Bulwark manufacturing is located out side the US. Carhartt's manufacturing is based primarily in Mexico and Bulwark's manufacturing is primarily located in Honduras. Please feel free to contact me with any questions at all. Best regards, UVVV ~l ~ ~ ~ ~i Barbara Fitzgeorge Vice President, Marketing Tyndale Company, Inc. f Tyndale Company, Inc, 1t www.TyndateUSA.com * 800.358.3433 a ,Y TYNDALE PRO= TO PROTECT t Tyndale Manufacturing Policies As an Industry leader, Tyndale is acutely aware of the necessity of compliance with manufacturing and labor laws. Tyndale makes the following assertions about its manufacturing processes for the City of Ashland: • All Tyndale-made garments are manufactured in the United States in facilities that abide by the labor laws of the United State.; • Tyndale-manufactured garments are not made in sweatshops; Tyndale does not utilize child labor at any point in the production of Tyndale- made garments; • Tyndale complies with US labor and manufacturing laws. Please feel free to contact me with any questions or for additional information. We appreciate your business. Best regards, 1 A ,~ln q Z.. QJVV~V+~ Barbara Fitzgeorge , i 1 i i i 2 Tyndale Company, Inc, r vw w.TyndaleUSAcom # 804,3583433 ' CITY OF ASHLAND Council Communication January 6, 2015, Business Meeting Annual Review of Investment Policy for the City of Ashland FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Annual review by City Council of the current City of Ashland Investment Policy. BACKGROUND AND POLICY IMPLICATIONS: This policy was previously reviewed and approved by the City Council in December 2013 to meet current Oregon Revised Statutes pertaining to investment of municipal funds. There have been no changes since the 2013 review to the Investment Policy. The policy states that it shall be reviewed on an annual basis by the Investment Officer and the City Council. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Approve City of Ashland Investment Policy SUGGESTED MOTION: I motion to approve City of Ashland Investment Policy. ATTACHMENTS: Investment Policy Page 1 of 1 WFAAL'all City of Ashland Investment Policy 2014 Current Page 1 of 6 CITY OF ASHLAND, OREGON INVESTMENT POLICY 1. POLICY STATEMENT It is the policy of the City of Ashland to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. II. SCOPE This investment policy applies to activities of the City of Ashland in regard to investing the financial assets of all funds except for funds held in trust for deferred compensation funds for the employees of the City of Ashland. In addition, funds held by trustees or fiscal agents are excluded from these rules; however, all funds are subject to regulations established by the State of Oregon. Other than bond proceeds or other unusual situations, the estimated portfolio size ranges from $15,000,000 to $24,000,000. These funds are accounted for in the City of Ashland's Comprehensive Annual Financial Report and include: General Fund Reserve Fund Special Revenue Funds Capital Projects Funds Debt Service Funds Enterprise Funds Internal Service Funds Trust & Agency Funds Funds of the City will be invested in compliance with the provisions of all applicable Oregon Revised Statutes. Investments of any tax-exempt borrowing proceeds and any related Debt Service funds will comply with the arbitrage restrictions in all applicable Internal Revenue Codes. III. OBJECTIVES AND STRATEGY The primary objectives, in priority order, of the City of Ashland's investment activities shall be: 1. Legality. This Investment Policy will be in conformance with federal laws, state statutes, local ordinances, and internal policies and procedures. 2. Liquidity. The City of Ashland's investment portfolio will remain sufficiently liquid to enable the City of Ashland to meet all operating requirements which might be reasonably anticipated. 3. Diversification. Diversification of the portfolio will include diversification by maturity and market sector and will include the use of multiple broker/dealers for diversification and market coverage. 4. Yield. The City of Ashland's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, commensurate with the City of Ashland's investment risk constraints and the cash flow characteristics of the portfolio. "Market rate of return" may be defined as the average yield of the current three- City of Ashland Investment Policy 2014 Current Page 2 of 6 month U.S. Treasury bill or any other index that most closely matches the average maturity of the portfolio. Effective cash management is recognized as essential to good fiscal management. Cash management is defined as the process of managing monies in order to ensure maximum cash availability. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, and the management of banking services. Large and small financial institutions in the Ashland area are a vital part of our economic, philanthropic, and civic infrastructure, and many bank leaders in this region strive together with government to create a more vibrant community. When financial institutions tailor their decision making, lending policies, and practices to the needs of the local community, they are better positioned to help sustain the local economy and local employment. IV. STANDARDS OF CARE 1. Delegation of Authority. Authority to manage the City of Ashland's investment program is delegated to the City Recorder/Treasurer and Administrative Services Director who are the designated investment officers of the City and are responsible for investment decisions and activities, under the review of City Council. The day to day administration of the cash management program is handled by the City Recorder/Treasurer or by, the Administrative Services Director in the absence of the City Recorder/Treasurer. Management responsibility for the investment program is hereby delegated to the City Recorder/Treasurer and Administrative Services Director, who shall establish written procedures for the operation of the investment program consistent with this investment policy and subject to review and adoption by City Council. Procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Recorder/Treasurer and Administrative Services Director. The City Recorder/Treasurer and Administrative Services Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 2. Prudence. The standard of prudence to be used by the Investment Officers shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. These standards states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." 3. Limitation of Personal Liability. The Investment Officers acting in accordance with written procedures, the investment policy and in accord with the Prudent Person Rule shall not be held personally liable in the management of the portfolio. 4. Ethics and Conflict of Interest. Investment Officers involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment Officers shall disclose any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Ashland Investment Policy 2014 Current Page 3 of 6 investment portfolio. Investment Officers and their families shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City, Investment Officers shall, at all times, comply with the State of Oregon, Government Standards and Practices Commission, code of ethics set forth in ORS Chapter 244. V. AUTHORIZED AND SUITABLE INVESTMENTS. 1. Authorized Investments. All investments of the City shall be diversified by type, maturity and issuer. Before any transaction is concluded, to the extent practicable, the Investment Officer shall solicit and document competitive and offers on comparable securities. When not practicable, the reasons should be similarly documented. At all times the Investment Officers will strive for best execution of all transactions. Additionally, if reasonably unanticipated events cause the portfolio limits to be exceeded, the Investment Officers will take the steps necessary to correct the situation as soon as practicable. Investments may be sold at a loss when the Investment Officers deems that such a decision is prudent. 2. Suitable Investments. a. U.S. Treasuries b. Agencies and Instrumentalities of the United States. c. Savings and Demand Accounts (Oregon depositories only) d. Time Certificates of Deposit (Oregon depositories only) f. Banker's Acceptances (Oregon issued) g. Corporate Debt h. Municipal Debt (States of Oregon, California, Idaho and Washington only) i. Oregon Local Government Investment Pool (LGIP) The specific permitted securities are defined under Oregon Revised Statutes Chapters 294.035, 294.040, 294.046 and 294.810. (See Addendum A) Collateral requirements are bank deposits, time deposits, certificates of deposit and savings accounts are defined in ORS Chapter 295. (See Addendum B) VI. INVESTMENT PARAMETERS 1. Diversification. The City will diversify the investment portfolio to avoid incurring unreasonable risks, both credit and interest rate risk, inherent in over investing in specific instruments, individual financial institutions or maturities. Diversification Constraints on Total Holdings: ISSUER TYPE % of portfolio U.S. Treasury Obligations Up to 100% U.S. Government Agency Securities and Instrumentalities of Government Sponsored Corp. Up to 75% and 25% per issuer Bankers' Acceptances (BA's) Up to 25% and 15% per issuer Certificates of Deposit (CD) Up to 35% and 5% of deposits per institution Municipal Debt Up to 35% and 10% per issuer Corporate Debt (AA, A1, P1) Up to 25% and 5% per issuer State of Oregon Investment Pool Securities ORS Limit 294.810 The Investment Officers will routinely monitor the contents of the portfolio comparing the holdings to the markets, relative values of competing instruments, changes in credit quality, and City of Ashland Investment Policy 2014 Current Page 4 of 6 benchmarks. If there are advantageous transactions, the portfolio may be adjusted accordingly, but not to exceed % as stated. 2. Investment Maturities. The City will not directly invest in securities maturing more than three (3) years from the date of purchase. a. The maximum weighted maturity of the total portfolio shall not exceed 1.5 years. This maximum is established to limit the portfolio to excessive price change exposure. b. Liquidity funds will be held in the State Pool or in money market instruments maturing six months and shorter. The liquidity portfolio shall, at a minimum, represent six month budgeted outflow. c. Core funds will be the defined as the funds in excess of liquidity requirements. The investments in this portion of the portfolio will have maturities between 1 day and 5 years and will be only invested in high quality and liquid securities. Total Portfolio Maturity Constraints: Under 30 days 10% minimum Under 90 days 25% minimum Under 270 days 50% minimum Under I year 75% minimum Under 18 months 80% minimum Under 3 years 100% minimum Exception to 3 year maturity maximum: Reserve or Capital Improvement Project monies may be invested in securities exceeding three (3) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of the funds. Due to fluctuations in the aggregate surplus funds balance, maximum percentages for a particular issuer or investment type may be exceeded at a point in time subsequent to the purchase of a particular issuer or investment type may be exceeded. Securities do not need to be liquidated to realign the portfolio; however, consideration will be given to this matter when future reinvestments occur. VII. SAFEKEEPING, CUSTODY AND AUTHORIZED DEALERS 1. Safekeeping and Custody of Securities. The laws of the state and prudent treasury management require that all purchased securities be bought on a delivery versus payment basis and be held in safekeeping by the City, or the City's designated depository. All safekeeping arrangements shall be designated by the Investment Officers and shall list each specific security, rate, description, maturity, and cusip number. Each safekeeping receipt will clearly state that the security is held for the City or pledged to the City. In addition, repurchase requirements including Master Repurchase Agreements shall be in place prior to any business being conducted. 2. Authorized Financial Dealers. The Investment Officers shall maintain a list of all Qualified Depositories for Public Funds per ORS 295.002. An Oregon public official may deposit public funds up to the amount insured by the Federal Deposit Insurance Corporation (FDIC) or the national Credit Union share Insurance Fund (NCUA) in any insured financial institution with a head office or branch in Oregon. Public funds deposits that exceed these City of Ashland Investment Policy 2014 Current Page 5 of 6 insurance limits, currently set at $250,000, may only be held in a depository qualified by the Oregon Public Funds Collateralization Program (PFCP). At the request of the City of Ashland, the firms performing investment services shall provide their most recent financial statements or Consolidated Report of Conditions for review. All dealers with whom the City transacts business will be provided a copy of this Investment Policy to ensure that they are familiar with the goals and objectives of the investment program. If the City hires an investment advisor to provide investment management services, the advisor will follow the same procedure as outlined in VII Section 2. 3. Competitive Transactions. The Investment Officers will obtain telephone, faxed or emailed quotes before purchasing or selling an investment. The Investment Officer will select the quote which best satisfies the investment objectives of the investment portfolio within the parameters of this policy. The Investment Officers will maintain a written record of each bidding process including the name and prices offered by each participating financial institution. The investment advisor must provide documentation of competitive pricing execution on each transaction. The advisor will retain documentation and provide upon request. VIII. CONTROLS 1. Accounting Method. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP). The accounting principles are those contained in the pronouncements of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB); the American Institute of Certified Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB). Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 2. Internal Controls. The City will maintain a structure of internal controls sufficient to assure the safekeeping and security of all investments. The Investment Officers shall develop and maintain written administrative procedures for the operation of the investment program that are consistent with this investment policy. Procedures will include reference to safekeeping, wire transfers; banking services contracts, and other investment related activities. The Investment Officers shall be responsible for all transactions undertaken. No officer or designee may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Investment Officers and approved by the Council. 3. External Controls. The City of Ashland may enter into contracts with external investment management firms on a non-discretionary basis. These services will apply to the investment of the City's short-term operating funds and capital funds including bond proceeds and bond reserve funds. City of Ashland investment Policy 2014 Current Page 6 of 6 If an investment advisor is hired, the advisor will comply with all requirements of this Investment Policy. The investment advisor will provide return comparisons of the portfolio to the benchmark on a monthly basis. Exceptions to the Investment Policy must be disclosed and agreed upon in writing by both parties. The Investment Officers remains the person ultimately responsible for the prudent management of the portfolio. Factors to be considered when hiring an investment advisory firm may include, but are not limited to: a. The firm's major business b. Ownership and organization of the firm c. The background and experience of key members of the firm, including the portfolio manager expected to be responsible for the City's account d. The size of the firm's assets base, and the portion of that base which would be made up by the City's portfolio if the firm were hired e. Management Fees f. Cost Analysis of advisor g. Performance of the investment advisory firm, net of all fees, versus the Local Government Investment Pool or other benchmarks over a given period of time IX. PERFORMANCE EVALUATION AND REPORTING The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The city's investment strategy is active. Preservation of capital and maintenance of sufficient liquidity will be considered prior to attainment of market return performance. A market benchmark will be determined that is appropriate for longer term investments based on the City's risk and return profile. When comparing the performance of the City's portfolio, all fees and expenses involved with managing the portfolio shall be included in the computation of the portfolio's total rate of return. This would include any outside management and identifiable in- house management. The Investment Officers shall prepare monthly and quarterly compliance summary reports that provide details of the investment portfolio, as well as transaction details for the reporting period. Details shall be sufficient to document conformity with the provisions of the statutes and this investment policy and shall include a listing of individual securities held at the end of the period. All investments owned will be marked-to-market monthly by the City's third-party custodian. The performance (total return) of the City's portfolio will be measured against the performance of the Local Government Investment Pool (LGIP) and the yield of the 91-day U.S. Treasury Bill. X. INVESTMENT POLICY ADOPTION BY GOVERNING BODY This investment policy will be formally adopted by the City Council. The policy shall be reviewed on an annual basis by the Investment Officers and the City Council. Material revisions to this policy will require a review by the Oregon Short Term Fund Board, pursuant to current Oregon Revised Statutes. CITY OF ASHLAND Council Communication January 6, 2015, Business Meeting Approval of AFN Strategic Business Plan FROM: Mark Holden, director of information technology and electric, mholdenkashland.or.us SUMMARY This item seeks Council approval of the Ashland Fiber Network Strategic Business Plan dated October 2014. The Council reviewed and discussed the AFN Strategic Business Plan in depth at the October 6, 2014, study session and at the November 4, 2014, business meeting. Based on the Council direction from the November 4, 2014, business meeting, an initial expenditure of $100,000 is currently in procurement to accelerate the implementation of the Internet project proposed in the Plan. Approval of the Plan provides direction to staff to execute the Plan. Once approved, Staff will develop detailed operational tactics (marketing, sales, operational, technical) in order to achieve the benefits contained in the Plan. BACKGROUND AND POLICY IMPLICATIONS: Within the Plan two alternative directions were presented. The first alternative provided for the development of a new family of products based on optical fiber technology and an increase in internet capacity. The second alternative provided for an increase in internet capacity. Council authorized moving forward with the increase in internet capacity (second alternative). The initial phase of the internet capacity project is currently underway. The final phase of the Internet project will occur in early FY2017 and will be part of the biennial budget request cycle. The Strategic Plan determines the direction, priorities and long term viability of AFN. Detailed tactical plans, project plans and budgets will be guided and developed as a result of approval of the Strategic Plan. The Plan is a living document. Review of the Plans assumptions, environment, and recommendations will be made as time, priorities and circumstances require. Lacking the approval of the Plan, Ashland Fiber Network will continue to function under current operating principals and guidelines (product mix, pricing, promotion, distribution, posture, etc.). COUNCIL GOALS SUPPORTED: 17. Market and further develop the Ashland Fiber Network 17.1 Complete and implement the AFN business plan Page 1 of 2 ~s~ CITY OF ASHLAND FISCAL IMPLICATIONS: Implementing the Council's preferred option will cost $250,000 over the course of the next nine months. Initial funding of $100,000 was approved at the November 4, 2014, business meeting, the additional $150,000 will be requested as part of the next biennium budget cycle. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff is asking for Council approval of the Ashland Fiber Network Strategic Business Plan dated October 2014, including the option to increase internet capacity proposed in the Plan. SUGGESTED MOTION: I move to approve the Ashland Fiber Network Strategic Plan dated October, 2014, to include approval of the internet capacity project proposed in the Plan. ATTACHMENTS: Ashland Fiber Network Strategic Business Plan August 2014 Ldraft) with Council Communication Ashland Fiber Network Strategic Business Plan October 2014 (final) with Council Communication Page 2 of 2 SIFF4 CITY OF -ASHLAND Council Communication October 6, 2014, Study Session AFN Business Plan Presentation and Discussion FROM: Mark Holden, Director of Electric Utilities and Information Technology, holdenmAashland.or.us SUMMARY The Ashland Fiber Network Strategic Business Plan is presented for discussion. The plan provides for AFN's long term direction and strategy. The plan was completed at the request of the City Administrator. AFN has struggled to create net revenue almost since its inception. That's largely because of the debt that was incurred in order to build the system. Funds that would otherwise be spent on system and service improvements instead are spent on debt service. In addition, AFN had no competition when it was first launched and now operates in a highly competitive environment against multi-billion dollar corporate conglomerates. The business plan lays out in stark terms, the history, strengths, weaknesses and opportunities for AFN, along with the alternative paths the City can pursue with regard to AFN's future. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Fiber Network Strategic Business Plan (Plan) determines the direction, priorities and long term viability of AFN. Detailed tactical plans, project plans and budgets will be guided and developed as a result of implementing the strategic plan. AFN is at a crossroads. Within the Plan, two alternative directions are presented. The first alternative provides for the development of a new family of products based on optical fiber technology. The second alternative does not include new products. Both alternatives suggest a new approach to the market and a need for cost reductions. The cost reductions or other funding measures are needed in order to fund the activities envisioned in the strategic plan. The plan is a strategic document. After the presentation and the solicitation of feedback from the Council, Staff will work to develop the necessary operational tactics. As part of the Strategic Plan, two strategic projects are identified. • FY2016: Increasing internet bandwidth - required to maintain/improve the current performance of the network (key to customer satisfaction) and provide for additional new customers • FY2017: Development of a new fiber based service - provides advanced services and a new revenue stream Page 1 of 2 CITY OF -ASHLAND FISCAL IMPLICATIONS: Fiscal implications include a proposal for adjusting internal charges, a capital expense of $250,000 in fiscal year 2016, and $250,000 capital expense in FY2017. Both investments are in the next biennium and will be brought forward through the budgeting process. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff is soliciting input and discussion in a Study Session environment. SUGGESTED MOTION: N/A. This item is for discussion only. ATTACHMENTS: Ashland Fiber Network Strategic Business Plan, August 2014 Page 2 of 2 Ir, Ashland Fiber Network Strategic Business Plan August 2014 How CM1 Ashland Connects City Of Ashland Information Technology Department, Telecommunications Division 90 North Mountain Ashland, OR 97520 Telephone: 541-552-2222 Fax: 541-552-2436 Table of Contents Executive Summary ..............................................................................................................................................4 General Company Description 5 Mission Statement 5 Strategic Goals 5 Strategic Objectives .........................................................................................................................................5 Business 7 Market 7 Industry 7 History 7 Core Competencies/Strengths 8 Challenges 9 The Long Term 9 Residential Products .....................................................................................................................................12 Commercial Products ...................................................................................................................................13 Government/ Education Products ............................................................................................................13 Health Care Products ....................................................................................................................................13 ISP/CLEC Products ........................................................................................................................................14 Competitive Advantages ..............................................................................................................................14 Competitive Disadvantages ........................................................................................................................15 Pricing .................................................................................................................................................................15 Marketing Plan .....................................................................................................................................................15 Economics .........................................................................................................................................................15 Demand .........................................................................................................................................................18 Trends ............................................................................................................................................................18 Barriers to Entry ........................................................................................................................................19 External Factors .........................................................................................................................................19 Products .............................................................................................................................................................20 Internet Based Products .........................................................................................................................20 Ethernet Based Products ........................................................................................................................20 Customers .........................................................................................................................................................20 Page 2 Printed: 09/26/2014 Competition ......................................................................................................................................................22 Competitive Analysis ................................................................................................................................23 Niche ....................................................................................................................................................................24 Marketing Strategy ........................................................................................................................................24 Distribution (Placement) ............................................................................................................................25 Sales Forecast ...................................................................................................................................................27 Fiber Service to the Premise (new) ....................................................................................................27 Financial Performance and Forecast ...........................................................................................................31 Performance .....................................................................................................................................................31 Forecast ..............................................................................................................................................................3 3 Appendix A - AFN Services Analysis - Count and Revenue ...............................................................36 Appendix B - AFN Channel Analysis - Services Distribution by ISP ...............................................37 Appendix C-Current AFN Rates Structure ..............................................................................................38 Appendix D-Proposed AFN Rates Structure ..........................................................................................40 Tables and Figures ..............................................................................................................................................41 Endnotes ................................................................................................................................................................42 Page 3 Printed: 09/26/2014 Executive Summary Ashland Fiber Network (AFN) is at a crossroads. AFN must decide whether to move forward with new services and a new approach to the market or to simply work to maintain existing services and infrastructure. AFN can choose, as it has in the past, to continue to improve telecommunications services in Ashland and challenge the competition to match or exceed AFN's initiative. Alternatively, AFN can choose to provide current services until those services are outdated and displaced by the competitive market. The path forward has risks, requires investment, and is subject to competitive reaction. The strategic plan provides a focus on operating in a competitive environment and the strategic changes needed to become a viable competitor. This plan discusses the choices, the strategies and the outcomes. The recommended path is to move forward with new investment in fiber based services. Should funding not be available to move forward, an alternative maintenance strategy is recommended. Since AFN's inception there have been conflicting pressures. AFN operates as both a division of the city and a competitive telecommunications provider. With expectations of operating as a city service providing community benefit, yet deriving funds from the competitive market, AFN has struggled to generate the revenue necessary to fulfill both roles. AFN's ambitious initial investment did not gain AFN the market penetration necessary to meet either of its roles. AFN has delivered or been the catalyst for the state of telecommunications in Ashland (Google "Oregon 2013 eCity"); AFN must now make a decisive move into the future. AFN is fortunate to have a robust fiber infrastructure. With this infrastructure AFN is well positioned to offer next generation fiber based telecommunication services. The technology for delivery of new fiber based services is commercially available and is installed in other parts of the country. The funding for the investment necessary to implement new services is proposed to come from cost reductions. If cost reductions are not possible, funding by other means will be sought. Market momentum is currently in our competitor's favor. Continuing to react (slowly) to the competition will continue to reduce AFN's market share and revenues. AFN has a narrow window of opportunity to gain market share and to gain market momentum. To do this, AFN will change its approach to the market and aggressively compete with the larger incumbent for revenue. AFN will promote AFN services in competition with the large incumbent. While the incumbent often uses pricing as its means of differentiation, AFN will use new services, performance, reliability, customer service and a consumer desire to deal locally ("recycle dollars") to gain advantage. With a new family of services and an agile approach to the market, AFN will provide advanced telecommunication services, garner market share, and begin the journey to successful self-funding. These outcomes will not be quick and there is a narrow window of opportunity to establish market position. Page 4 of 43 Printed: 09/26/2014 General Company Description Mission Statement Ashland Fiber Network (AFN) is a Municipal Telecommunications Utility providing community based solutions and services to enhance the quality of life and economic growth of the community by eliminating the constraints of location, distance, and time. Strategic Goals • Enhance competitive advantages • Improve distribution channel' effectiveness • Transition to an agile organization • Change focus from product to market and solution focus • Ensure long term fiscal viability • Re-establish technological innovation/leadership • Maximize the community value of the network through the continued evolution of the infrastructure Strategic Objectives • Enhance competitive advantages o Maintain customer service advantage o Develop advanced/required products o Gain market share • Improve distribution channel effectiveness o Community involvement/local presence o Regular utility bill inserts o Establish performance benchmarks • Transition to an agile organization o Gain service design flexibility o Openly market AFN's brand and services (UB) o Preemptive and quick response to competition • Change focus from product to market and solutions o Use Chamber data base to directly target customer segments o Solicit feedback from market segments and respond with relevant services o Improve reliability and performance Page 5 of 43 Printed: 09/26/2014 • Ensure long term fiscal viability o Grow customer market share o Reduce bandwidth and internal expenses o Successfully deploy services • Re-establish technological innovation leadership o Deploy Google City Fiber-like enterprise services to local businesses o Design, engineer, and implement a physically diverse bandwidth path to a Tier 1 point- of-presence" o Deploy competitive and reliable cable modem services to residents and small businesses • Maximize the community value of the network through the continued evolution of the infrastructure o Enable new technologies o Maintain service standards o Provide community access when possible Page 6 of 43 Printed: 09/26/2014 Business Operating in a competitive telecommunications environment, AFN is a "last mile""' supplier of telecommunication services to the residential, commercial, governmental/educational, healthcare and alternative telecommunications provider (Internet Service Provider and Competitive Local Exchange Carrier - ISP/CLEC) market segments. AFN operates in and around the City of Ashland. Since 2001, AFN has developed and maintained a hybrid fiber coaxial network. The network enables AFN to serve the market with both the active and passive services required: TV programming (partner), Ethernet circuits, internet, dark fiber, collocation, and telephony (partners). Market AFN's target market is the telecommunications users in and around the City of Ashland. The telecommunications market consists of five market segments: residential, commercial/industrial, government/educational, healthcare and alternative telecommunication providers (ISP/CLEC). While based on similar technologies, the commercial/industrial, health care, and ISP/CLEC market segments require or value customized features. The largest market segment is residential. The residential market is a commodity market. Industry The telecommunications industry has both mature commoditized components as well as high growth components. While fixed rate services such as TV and telephony are mature and have become commodities, other services such as internet, Ethernet and collocation continue to expand in both purpose and volume of use. The industry is driven by new and growing technologies. The influence of these technologies has opened the need for networks capable of supporting such technologies as Cloud Services'", IPTV/OTT" and Information and Communications Technology (ICT"). These technologies continue to pressure existing networks for both performance and reliability. AFN is focused on the delivery of the current and emerging technologies. There are three broad access and delivery technologies - wireless, metallic cable and fiber optic cable. Wireless continues to grow as the number of wireless devices is expected to surpass wired devices in 2016. The growth in wireless is dominated by cellular technology. Metallic cable represents the largest installed telecommunications technology. Metallic cable ranges from plain old telephone system (POTS) twisted pair to coaxial cable. Both technologies continue to move forward in bandwidth capacity. Fiber optic cable currently provides the backbone (backhaul) capacity for the other technologies. As costs have come down and bandwidth demand continues to go up, fiber is the future proof technology in telecommunications (backhaul, middle mile and last mile). AFN expects these broad trends to continue. His_ torn""-ii Ashland was a first mover in bringing telecommunications services to the City of Ashland (internet). The City of Ashland's Electric Department developed its proposal for creating Ashland Fiber Network in the late-1990s. The proposal responded to the regulatory, market, and public environments of the period. Communications technology and everything internet were growing exponentially, stock markets were at historically high levels, capital markets were flush with low- interest money, the Federal government prioritized competitive telecommunications services through the Federal Telecommunications Act of 1996, and the deregulation of energy markets created an Page 7 of 43 Printed: 09/2612014 unknown future for public electric utility providers. Ashland Electric Department saw the creation of AFN as an opportunity for the City to create a telecommunications utility to meet demand for communications services in Ashland and diversify/strengthen the City's electric business. Ashland's City Council approved the Electric Department's plan to build a fiber optic communications ring in February 1997 and the City's AFN Implementation Team was formed. The AFN business plan was presented by the Electric Department to Ashland's City Council in late-1998 and was approved by Council. That plan intended for Ashland Fiber Network to be self-supporting through revenues, with initial construction debt repaid by operating revenues within a ten-year period. The AFN project experienced financial problems quickly after launch. Construction costs far exceeded estimates and the envisioned system build out was curtailed. Charter Communications purchased TO and rebuilt the TO network in Ashland creating a strong competitive alternative. Active price competition ensued. The telecommunications utility failed to generate positive net revenues as planned. A pivotal moment for Ashland Fiber Network came in 2004, when the City of Ashland determined that AFN would not be able to pay its business and intra-fund loans. Bonds for 15.5 million dollars were issued to consolidate AFN-related debt and to provide a measure of financial stability. AFN continued to struggle to define its business and identity over the ensuing years. Multiple directors (five in seven years) brought their strategy, focus, and organizational structure to bear in an attempt to make AFN viable. Activities included investing in unsuccessful services, contracting out the operation of AFN's cable TV business, separating AFN from Ashland's Electric Department, blending mutually beneficial resources between AFN and the City Computer Services Division and refocusing AFN on providing Ethernet and internet services. The lack of consistent, successful, long-term direction created brand issues and market confusion providing the competition with the momentum to gain market share. The events led to worsening financial performance by the division. In FY2013 - FY2014 AFN reinvested in technologies to bring the AFN cable network back to a state of competitive technology. This effort allowed AFN to provide services on par with the competition. In FY2013 technologies were added to increase both reliability and performance capacity for the network. In FY2014 an engineering review of the network and follow-on projects further increased reliability. In FY2014 new node groups were created and all groups were rebalanced to provide better reliability, better response and improved services. Moving forward, lacking significant change in how AFN addresses the market and competition, AFN will continue to ebb downward. In addition, lacking investment in successful new services, AFN will not survive the inevitable evolution from metallic cable based services to fiber based services. Core Competencies/Strengths AFN has the experience, infrastructure and service mix to provide and compete for the telecommunications services needed within Ashland. Customer service (local, friendly, and competent) combined with citizen penchant for community centric economics (recycling local Page 8 of 43 Printed: 09/26/2014 dollars within the community) strengthen AFN's position vis-a-vis the competition. Additionally, the existing infrastructure represents a barrier to entry for any new competitors. Challenges AFN has been inconsistent and unsuccessful in new service development. AFN must design new services not only to meet the needs of the customers but to take momentum away from the competition. AFN's confusing service offerings together with confusion caused by the distribution channel has produced a vague and confused image which, when coupled with constrained marketing efforts, has led to market share loss. AFN must become the company that is known by its solutions and ease of doing business. Investment is needed to lower variable product costs (internet) and significantly increase the competitiveness of the internet product set. Additional investment in a targeted fiber based roll-out will provide a service not available from the competition. The targeted investment will put AFN in a product leadership position. The fiber services investment will provide Ashland businesses with the reliability required to leverage Cloud Services and the World Wide Web. AFN is at a crossroads; shall AFN continue as a shadow provider or become an active competitor of Charter Communications/Comcast? AFN must pick an identity, a mode of operation. AFN must then be empowered to pursue the strategies and tactics necessary to gain success. AFN can be a successful competitor in its traditional residential market if cost structures and distribution channels are improved. AFN can serve emerging demand with new fiber based products if capital hurdles can be overcome. AFN can become a self-sustaining City enterprise if fixed costs are reduced to free up future investment capital. Risk exists. If competition should decide to build fiber to compete with AFN, it is unlikely AFN could compete on a citywide scale. While this would lead to decreased revenues for AFN, it would accomplish the goal of having a fiber network in Ashland to enhance connectivity and enable economic growth. The Long Term AFN has a narrowing opportunity to be a provider of key telecommunication services to the Ashland Community. AFN has the opportunity to see growth beginning in FY2017. The growth requires capital investment and an agile, competitive AFN. To compete, AFN must operate as an efficient telecommunications provider focusing on services and revenue. AFN must change its focus from products to markets and provide solutions to the targeted market segments: residential, commercial/industrial, government/educational, health care and ISP/CLEC. If focused on services and the needs of these markets, AFN can be successful. Page 9 of 43 Printed: 09/26/2014 Telecommunications is a fast paced change or perish competitive environment. Technologies move forward, become cheaper and then outdated. Risks are ever present. Competitors gain advantage though technology, merger and even bankruptcy reorganization. With a focused change in strategy and investment, AFN can continue to serve the existing markets and fulfill a vital (and otherwise potentially vacant) role in the City's quality of life and economic development. Alternative long term strategies are outlined below together with probable outcomes and requirements. The strategies are: 1) Move Forward: (horizon: perpetual) a) Principles i) Regain residential market share - provides time and funding for new services ii) Operate under a build to revenue model iii) Continue to make debt payments iv) Roll out FTTx"11 solutions (see ii above) v) As technology is supplanted (1) phase out coax assets (retaining all fiber) (2) right-size AFN b) Outcomes/Requirements i) Maintains AFN contribution to debt payment ii) Provides a build to revenue deployment model iii) Provides community deployment of fiber based services iv) May attract investment by competition (Charter/Comcast) to deploy fiber v) Requires cost reductions vi) Requires investment to reduce internet costs vii) Requires investment in technology for FTTx Choice 1 is the same as choice 2 below with the addition of fiber services. Note this strategy is a long term and execution will depend upon the success of developed revenue streams. Success under this scenario is highly contingent upon the national competitor not making significant investment in their current plant or deploying more advanced fiber based services. Page 10 of 43 Printed: 09126/2014 2) Maintain: (horizon: 7-15 years) a) Principles i) Regain residential market share - provides time and sustaining funds ii) Operate under a build to revenue model iii) Continue to make debt payments iv) When technology is supplanted (no longer economically viable) (1) Dispose of coax assets (retaining all fiber for City operations) (2) close AFN b) Outcomes/Requirements i) Maintains AFN contribution to debt payment ii) Stalls interest the competition may have in developing fiber services iii) Requires investment to reduce internet costs iv) Requires cost reductions v) Does not deploy fiber services to the community This is the same as option 1 above with the elimination of new fiber services. Success under scenario 2 is highly contingent upon the national competitor not making significant investment in their current plant or deploying more advanced fiber based services. Should the City decide at some point to sunset AFN, exit strategy scenarios and possible outcomes may be: 3) Sunset: (horizon: tbd) a) Principles i) Dispose of assets and close AFN b) Outcomes/Requirements i) Eliminates operating costs ii) Loses AFN contribution to debt repayment iii) Does not provide fiber services to the community iv) Stalls any interest the competition may have in developing fiber services Page 11 of 43 Printed: 09/26/2014 Products and Services AFN provides products and services to meet the critical telecommunications needs of the market segments addressed (residential, commercial/industrial, government/education, health care, ISP/CLEC). AFN's products are primarily derived from the delivery of Ethernet and/or internet circuits. Collocation services are available and play a role in securing long term circuits. Value added features are available to provide a better value proposition for both Ethernet and internet products. Products are customized based on the need of the market segment served. The industry trend is to higher performance (speed) and high reliability products. According to J.D. Power, performance and reliability are by far the most important components of customer satisfaction." In addition to the core product the following value added features are available: Ethernet based products: • Quality of Service, prioritizes customer traffic over competing traffic on the network • VLAN", virtual local area network, provides a secure, private connection (tunnel) between two points using a public network • Trouble shooting and technical support (ISPs only) Internet based products: • Bursting rate, additional bandwidth available above the customer committed rate over a short (burst) time period • IP address, permanent, unique address for identifying the customer to the internet • Trouble shooting and technical support (ISPs only) Residential Products The residential market segment (residential, SOHO") purchases the Ethernet and internet based products. The physical delivery of the product is through a Hybrid Fiber Coax (HFC) cable plant (cable modem) technology and wireless technology. The products for this segment tend to be lower bandwidth and for personal use. The products are low margin and very price sensitive. Reliability is a key driver for this market segment. Ethernet based products are determined by the bandwidth and any additional feature set selected by the customer (please see Ethernet based products above). Internet based products are determined by bandwidth and any additional feature set selected by the customer (please see Internet based products above). This market segment rarely chooses value added features. To ease new service startup or switching from a competitive service AFN provides: • End user hardware (cable modem) • Installation services, service turn-up, additional cabling of residence Page 12 of 43 Printed: 09126/2014 • Consulting services, design of house network, trouble shooting resident hardware and network Commercial Products The commercial market segment (commercial, industrial) purchases the Ethernet and internet based products. The physical delivery of the product is through either Hybrid Fiber Coax (HFC) cable plant (cable modem) technology, fiber based technology, or wireless technology. These products tend to be high usage, moderate bandwidth and for business use. The commercial segment also purchases the collocation product. This segment depends on AFN's products and experiences economic benefit from their use. The products have a strong margin and, price sensitivity is often determined by the importance of the usage and size of the business. Reliability and consistent performance are key drivers for this market segment. Ethernet based products are determined by the bandwidth and any additional feature set selected by the customer (please see Ethernet based products above). Internet based products are determined by bandwidth and any additional feature set selected by the customer (please see Internet based products above). Additional product features such as bursting and quality of service are valued in this market segment. government/Education Products The government/education market segment purchases the Ethernet and internet based products. The physical delivery of the product is through either Hybrid Fiber Coax (HFC) cable plant (cable modem) technology or fiber based technology. These products tend to be high usage, high bandwidth and for business use. This market segment also purchases the collocation product. The segment depends on AFN's products and experiences high public service benefit from their use. The products have a low margin and are price sensitive. Reliability, bi-directional symmetry, and consistent performance are key drivers for this market segment. Ethernet based products are determined by the bandwidth and any additional feature set selected by the customer (please see Ethernet based products above). Internet based products are determined by bandwidth and any additional feature set selected by the customer (please see Internet based products above). Additional product features such as quality of service, VLAN and IP addressing are valued in this market segment. Health Care Products The health care market segment (hospital, medical group/office) purchases the Ethernet and internet based products. The physical delivery of the product is through either Hybrid Fiber Coax (HFC) cable plant (cable modem) technology or fiber based technology. These products tend to be high usage, high bandwidth, and for medical and business use. Though valuable to the segment, to date the segment has not purchased any collocation product. This segment depends on AFN's products and experiences high economic and service benefit from their use. The products have a strong margin. Price sensitivity is low and determined by the critical nature of the information moving across or being sheltered in the product. Reliability, bi-directional symmetry, and consistent Page 13 of 43 Printed: 09/26/2014 performance are key drivers for this market segment. Ethernet based products are determined by the bandwidth and any additional feature set selected by the customer (please see Ethernet based products above). Internet based products are determined by bandwidth and any additional feature set selected by the customer (please see Internet based products above). Additional product features such as bursting, quality of service, VLAN and IP addressing are valued in this market segment. ISP/CLEC Products The ISP/CLEC market segment purchases the Ethernet and internet based products. The physical delivery of the product is through Hybrid Fiber Coax (HFC) cable plant (cable modem) technology and fiber based technology. A major portion of AFN's revenue is derived from this segment. Revenue is derived primarily through the delivery of TV (ISP partner) and/or internet services directly to the ISP's customers. The ISP provides support and billing services to the customer. With the exception of TV content, AFN provides the product. The products are delivered to residential, commercial and health care segments. Product usage follows the patterns for these segments as discussed above. This market segment also purchases the collocation product. The segment depends on AFN's products and experiences economic benefit from their use. The products have margins below the comparable AFN direct supplied products and are price sensitive. Ethernet based products are determined by the bandwidth and any additional feature set selected by the customer (please see Ethernet based products above). Internet based products are determined by bandwidth and any additional feature set selected by the customer (please see Internet based products above). Competitive Advantages AFN has these competitive advantages: • Fiber infrastructure: AFN's fiber infrastructure is situated to readily serve commercial/industrial, government/education, and health care markets. The fiber optic infrastructure is within one thousand feet of eighty-five percent of the City's commercial locations. The infrastructure currently serves both as a transport ring for the coax (cable) system and as a backbone for customer connectivity. This investment in infrastructure represents a significant barrier to existing and new competitors. • Local Customer Service. From installation to customer care, everything is provided within Ashland. Local staff, with knowledge of the Ashland mores, provides a consistent, professional, and friendly user experience. • Recycling Revenue. Customer dollars stay in the local community and support the expansion of telecommunication services in Ashland. Page 14 of 43 Printed: 09/26/2014 Competitive Disadvantages AFN has these competitive disadvantages: • Product Cost Structure: AFN's cost of internet service is currently significantly higher than our competitors. The cost structure makes it difficult to compete with a national carrier on a price basis (service and promotions). • High Fixed Costs: Fixed costs of labor, central service allocations and debt service account for a significant portion of operating costs. • Distribution channels/Market confusion: Some agency issues with channel products and services. Confusion with end customers over who is the provider and who is responsible for support. No clear service or customer care brand. • Competitor: Competitor is well-funded, has national (international) buying power and has active and aggressive marketing campaigns. • Government Transparency: The strategies, plans and outcomes of AFN are in the public domain. The strategies and plans are laid bare to the competitor who then has perfect knowledge and can plan and implement counter strategies to ensure their competitive success. Pricing Pricing for the residential, small commercial, small industrial and small health care is set primarily by the competitive market. While the products serving these market segments are commodities, differentiation is possible thru good customer service. Pricing for larger commercial, industrial and health care segments are a combination of market and the customer's value proposition. Pricing for government and education market segments is set through a standardized bidding process. The price point is usually close to the cost of providing services. AFN operates in a competitive market. AFN must set its pricing appropriately; high enough to cover expenses and fund capital investment and low enough to garner sales. Marketing Plan Economics "The telecommunications industry is in a state of continuous technological and economic flux driven by intense competition and new technologies'." The development of new Information Technologies such as Cloud Services, video services (IPTV, OTT), Information and Communications Technology (ICT) and social communication services (Facebook, Twitter, etc.), is quickly increasing the demand for telecommunication services. The expanding use of telecommunications services also requires higher performance and reliability levels from the telecommunications layer in order to deliver the new technologies. Government, large businesses and large health care providers have recognized the value of these services and have moved to gain their benefit. The small and middle tiers of these markets are now beginning to see the justification for their use. The enabling piece is connectivity. The key to the connectivity is performance and reliability. To be successful AFN needs to ensure the network is Page 15 of 43 Printed: 09126/2014 positioned to meet these requirements. AFN's cost structure (variable and fixed) must be addressed in order for AFN to continue to enhance the performance of the network. In addition, AFN should increase reliability by investing in fiber based last mile technologies. The Telecommunications industry is highly competitive. The Ashland market is dominated by Charter Communications, a national Multi-System Operator (MSO). Charter has a better cost structure due to buying power and bankruptcy reorganization in 2009. Charter is anticipated to swap the Ashland market with Comcast. Comcast is also a national MSO. Comcast also benefits from its buying power. Comcast is consistently ranked below average on customer satisfaction and actively works to abolish net neutrality. Both these positions provide a good contrast to the AFN customer care reputation. AFN services the Ashland telecommunications market. The Ashland Telecommunications Market value is estimated to be 6.5 million dollars. The following chart presents the relative position of AFN in the market in total and for each of the identified market segments. AFN numbers include services provided to ISPs. Figure 1 AFN Market Share vs. Market Size ~ s AFN Market Share vs. Market Size i 7 f J c t l I 5 _ 4 i i r ■ AFN Share 2 n Market Size i i i 0___ - ~~_-___~i■~.. Residential T Corn/Indus Gov/Educ i Health Collo Total j ■ AFN Share 1 1,172,513 J 305,325 J 179,712 172,800 6,000 1,836,350 Market Size 13,908,376 2,035 500 187,200 f 216,000 150,000 i 6,497,076 J Data: 06/30/2014 i i Page 16 of 43 Printed: 09/26/2014 The relative market share for the market participants is presented in the pie chart below. AFN has approximately twenty-eight percent of the Ashland telecommunications market. AFN numbers include services provided to ISPs. Figure 2 - Market Share of Market Participants (Revenue ' i Market Share I i I ■ AFN C k ■ Charter Lather 14% a Centuryl-ink # ■ Other - Rgnal j Other - Sttwid i I Data: 06/30/2014 The share of each market served by the active market participants is presented in the chart below. AFN numbers include services provided to ISPs. i Competitive Position in Market I 16 c 5 r--------- - _a__ 4 ■ Residential j 2-- ■ComJlndus Gov/Educ - _ `-----ca --T-~`a -..0--- ■Health 0 ~ P al`s Q,~C Collo i i Page 17 of 43 Printed: 09/26/2014 Demand The chart below illustrates the utilization of various internet access technologies for the past five years. The demand for both wired and wireless internet connectivity continues to grow. The City of Ashland's utilization is expected to follow national trends. Significantly, AFN provides two of the three fast growing connection technologies (cable modem, fiber) and has the potential for a leadership position in fiber. Table 1 - Ti-ends in Connectivityxii, At Least 3Mbps Downstream and 768Mbps Upstream by Technology (thousands) __j 2009 2010 2011 2012 2013 Technology Jun Jun Jun Jun Jun aDSL 5,614 6,275 8,909 12,875 16,029 sDSL 9 13 16 30 34 Other Wireline 129 177 204 239 289 Cable Modem 23,958 30,616 34,113 37,798 46,014 Fiber 3,333 4,192 5,188 6,001 6,989 Satellite - - 1 87 791 Fixed Wireless 64 92 145 214 337 Mobile Wireless 224 4,188 16,242 43,025 93,247 Total 33,331 45,553 64,818 100,269 163,730 Table 2 - Bandwidth Growth (Fiscal Year End) Year Bandwidth (Mbps) AFN's demand for internet services continues to grow. The chart at 2006 100 left shows the bandwidth growth over successive four year periods. 2010 300 Demand is expected to grow three fold over the next four years. 2014 1500 2018 4500 Trends The Telecommunications Industry continues to change. The emergence of fast, reliable cellular services has led to the decline of the triple play with cellular supplanting home based VoIP Xi'. The emergence of new technologies, IPTV/OOT coupled with smart TVs (and standalone devices) is pressuring traditional video (broadcast and cable) providers. The "internet of everything" is demanding high performance and high reliability form consumers. The telecommunication industry is moving quickly to IP based services. IP services continue to grow, broadband subscriptions grew one percent'" in 2013, and traditional cable customers shrank by two percent'"'. In the same timeframe, for the first time ever, total broadband subscriptions outnumbered total cable subscriptions. The direction for technologies, customers and telecommunications is to IP (internet) based services. Page 18 of 43 Printed: 09/2612014 AFN has the potential for growth in the commercial/industrial, health care market segments and slow growth in the residential market segment. The commercial/industrial and health care market segments will require the introduction of an affordable fiber solution. The addition of a tower cost fiber based service allows these customers to move up to a faster, better performing and more reliable product set. Barriers to Entry The high capital cost to construct a fiber and coaxial plant makes AFN's investment in telecommunications infrastructure (twenty five miles of fiber, one hundred nineteen miles of coaxial cable) a significant barrier of entry for any new competitors. The existing competitor is believed to have less fiber and an equivalent amount of coaxial cable in the area, though the exact amount is not known. External Factors Technology: Cloud technology is shaping demand for fast and reliable internet connectivity. The rapid adoption of Cloud (and Software/Platform/Infrastructure/ "as a service") model of Information Technology provides opportunities. The growing push to replace coaxial with fiber represents a significant risk if AFN does not begin to similar evolution. While coaxial and wireless (esp. cellular) continue to move forward in capabilities, fiber continues to provide the most robust, future proof technology. The commercialization of Passive Optical Networking (PON) makes it possible to serve small commercial/industrial/medical customers economically with fiber services. An example of the growth in this technology is Google Fiber. Regulation: While not actively being pursued in Oregon, MSOs have pursued legislation in other states to prohibit or curtail municipal telecommunication networks. If Oregon were to pass such legislation, AFNs future prospects could be reduced or extinguished. Economy: Economic swings affect expansion of services, but have little effect on the contraction of services. During times of economic distress residential customers look to internet connectivity for entertainment while commercial, industrial and healthcare look for additional efficiencies through internet use. During growth periods demand for internet grows, during economic downturns the demand for internet access does not significantly shrink. Industry: The industry continues to experience consolidation (Comcast/Time Warner). The benefits of scale provide significant leverage for cost reductions (internet, programming, operations). AFN does not enjoy the same scale of cost savings. Page 19 of 43 Printed: 09/26/2014 ProductsX"vii Internet Based Products Internet provides global access to the World Wide Web and serves as a communication mechanism for applications (i.e. Cloud Services, email, messaging, VoIP, video, social/peer networking). Uses for internet continue to expand as more applications and services are created and connected to this versatile communications path. Some of the benefits realized by our customers are: • Anytime communication with family, friends, and the world. Access to educational/medical/govemmental resources which promote learning, health and an informed citizenry. • Access to information technologies which can facilitate the communication of critical information (medical, security), increase productivity, and reduce costs. The internet can provide access to affordable business tools and applications for small as well as large entities without the concern for physical location. Ethernet Based Products Ethernet provides a point to point communication path for transmitting data. Ethernet is used predominately by commercial/industrial, health care, government/education and ISP/CLECS to communicate data and information within a single entity or when an entity needs to physically isolate/secure their communications. Ethernet can be used (and often is) as an underlying transport mechanism for internet traffic. Customers AFN serves a wide spectrum of customers. The customers are associated with their market segment: Residential: The residential market segment consists of households and small home offices located within Ashland. Customers exhibit a high degree of price sensitivity and demonstrate a preference for buying local. The customers value ease of purchase, setup, maintenance and termination (customer service). Internet and TV (via partner) are the services currently purchased. Commercial/Industrial: This market segment consists of commercial home based enterprises, small to large stores, trades, entertainment, hospitality, manufacturers, and other non-medical business enterprises. Customers exhibit some price sensitivity and require predictable performance with high reliability. Customers expect good customer service - ease of doing business from purchase through billing and maintenance. The availability of new information technologies (Cloud Services) is moving these enterprises into a new dependence on internet and Ethernet services. Applications enabled by telecommunication services can lower costs, provide competitive advantage/parity, and allow the enterprise to address a larger marketplace. Government/Educational: The govemment/educational market segment consists of local, regional, statewide and federal government, their districts, agencies and stations. The customers are price sensitive and require predictable and reliable service levels. The customers require patience and Page 20 of 43 Printed: 09/2612014 perseverance when doing business (working within their unique procurement process). These customers often purchase Ethernet, internet and collocation. The customers have a resistance to changing providers and purchases may grow organically. Health Care: The health care market segment is composed of hospitals, emergency care clinics, medical offices, residential medical facilities, alternative care facilities and satellite medical business processing locations. The customers are less price sensitive with the requirement for high reliability and security. Customer service (especially support and maintenance) is of extreme importance due to the critical nature of the information being handled. This segment requires patience and development before any purchases will be made. These customers often purchase Ethernet, internet and collocation. The customers have a high resistance to changing providers and once engaged, purchases may expand quickly. Internet Service Provider (ISP): This is the largest customer group for AFN. ISPs serve as both a value added reseller (TV) and privately branded distribution channel. ISP's customers are primarily residential but they also serve commercial/industrial, and health care market segments. While the largest ISP does not, this customer group can and does sell competing services from Charter and CenturyLink. Page 21 of 43 Printed: 09/2612014 Competition AFN's two main competitors are: Charter Communications, Inc. cantreUPacific 400 Atlantic St 10th Floor i Stamford, CT Northeast Central/Pacific Regional Office: St. Louis, MO i Local Offices:' Charter Medford Store Medford, OR Southwest South Third Party Service Locations: Thirteen in Medford/Ashland area CenturyLink (S&P 500) 100 CenturyLink Drive Monroe, LA Northwest Regional Office: Seattle, WA I,I Oregon Market (Outside Portland) 14 Bend, OR ...,,.r... J.D. Power 2013 U.S. Residential Internet Service Provider Charter is a large national MSO and CenturyLink Satisfaction Study is a large national Incumbent Local Exchange Customs, satnf ctwn aod#x Ra " Wean Region Carrier (ILEC). Both companies can provide JDP-- P~MWVA"w Ethernet and internet services. Their technologies serving Ashland can limit the availability and r~ _ ^as performance of their products. Charter provides AT&T cable modem and limited fiber delivery, C .C-..ft CenturyLink provides xDSL via copper twisted iV~ligmAwlp w s.W pair. Neither Charter nor CenturyLink have a fiber plant capable of matching AFN for reach, performance or reliability. Charter has demonstrated a readiness to ~,.,.a...k,.,e. aggressively compete with AFN. Charter iwarKam ea+wwerwr w reconstructed their plant and has consistently worked to introduce products and features ahead of AFN. Charter is expected to turn the Ashland- area over to Comcast if the projected merger between Comcast and Time Warner gains HTM, Mur~ rv Page 22 of 43 Printed: 09/26/2014 regulatory approval. While Comcast has not shown a disposition to put fiber infrastructure into communities the size of Ashland, if Comcast does build fiber infrastructure in Ashland, Comcast would be a formidable competitor. Competitive Analysis 'Fable 3 - Competitive Analysis - AFN Internal Analysis of Strengths and Weaknesses, Competitive Comparison Factor AFN Strength Weakness Charter CenturyLink Importance' Products Good Good Poor 1 Performance Average Average Average 1-2 Reliability Average Average Average 1-2 Quality Good Good Good 1-2 Price Moderate Low High 2-4 Service Good Poor Poor 1-4 Selection Good Average Poor 1-2 Stability Average Good Good 1-2 Expertise Average Average Average 1 Reputation Below Average Poor Below Average 1-3 Location Poor Non-Existent Non-existent 4 Sales method Poor Good Poor 1-4 Advertising Poor Average Average 2-5 Image Average Below Averag Unknown 2 Charter is the active competitor in Ashland. Charter is often first to market and has consistently demonstrated aggressive promotion and pricing. The pending territory swap presents a window of opportunity while Charter pauses for merger activity and Comcast focuses on operational integration. t 1=critical; 5 = not very important Page 23 of 43 Printed: 09/26/2014 AFN will continue to improve the performance and reliability of the services and work the performance, reliability and price attributes into strengths. The combination of competitor distraction, products, performance, reliability, and customer service present an opportunity to gain market share. Niche AFN provides telecommunication connectivity to residents and businesses of Ashland. Connectivity is provided via the delivery of Ethernet and internet services. The services are provided via cable, fiber and wireless technologies. Marketing Strategy AFN provides services for customer telecommunication connectivity. AFN competes with the incumbent national service provider using similar technologies; however, AFN's services are targeted at the need of the local market segments. Differentiation is accomplished through service unique attributes, customer service, performance, reliability, and a "support local" preference within the community. AFN will market to the incumbent provider customer base to gain market share. AFN will focus on the commercial/industrial and health care segments. The new fiber based services will be trialed in the current AFN customer base and then offered to the ISPs and marketed to the incumbent's customer base. AFN will continue to use direct and wholesale channel distribution (ISPs) to sell to and support the customer base. For AFN direct customers, AFN provides all customer facing activities and maintains the delivery of services to the end customer. For ISP customers, the ISP provides all customer facing activities and AFN maintains the delivery of services to the end customer. Promotion: AFN will use direct marketing, mail and email lists to contact and market to the incumbent's customer base. Participation at local events will be trialed for effectiveness. Depending on size and projected service usage, businesses may be contacted directly. While pricing is not generally used for promotion, pricing may be used to overcome customer resistance to switching (switching costs). AFN will explore ways to participate with ISPs in promotions. Advertising: To this point advertising has been limited and brand oriented. Regular advertising will be tracked and audited to determine where and how often service advertisements will be used. The effectiveness will be monitored. Promotional Budget: AFN's current promotional budget is twenty-six thousand dollars. The majority of the budget goes to image advertising. The budget will be increased to approximately forty thousand dollars to support service oriented sales initiatives (gaining market share from incumbent). Page 24 of 43 Printed: 09/26/2014 Pricing: Pricing for the largest segment (AFN direct and ISP residential customers) is set by the competitive environment. The price elasticity is high (higher price lower demand). Service performance, reliability, and customer care can be effective in customer retention. Pricing for other market segments is value based. Distribution (Placement) AFN utilizes two sales channels to reach customers: Retail sales (aka AFN Direct): AFN is the owner of the customer and responsible for all facets of the sales, installation, support, and administrative (i.e. billing) functions. AFN retail also promotes the other distribution channel (ISPs), and allows the customer to choose with whom they wish to do business. AFN must become the company that is known by its solutions and ease of doing business. AFN will clear impediments and provide a distribution system where the customer can make AFN the easy choice for the services they need. AFN must be easier to do business with than the competition. AFN should reinstitute a point of sale at the initial point of contact in City Hall. AFN should work to understand and eliminate the logistical and procedural barriers in order to make AFN a welcomed conversation in customer interaction. In order to provide for additional customer convenience, the web based self-registration should be reinstated. Internet Service Providers (ISP): The ISPs are independent third parties who have agreements for the purchase and resale of AFN services. AFN contracts with five ISPs. AFN provides delivery and services to the ISP at a discounted rate. The ISP is responsible for acquiring, supporting and billing the customer. Two of the ISPs are located in Ashland. One of the ISPs has a store front in Ashland. Three of the ISPs provide customer support with in-house staff; two of the ISPs use a third party customer support service. Three of the ISPs sell competitor's products. AFN serves a broad spectrum of customers. Internet Service Providers (ISP) are the largest customer group. ISPs act as a distribution channel for the resale to the residential, commercial/industrial, and health care market segments. AFN also addresses these market segments. Both AFN and ISPs need to focus their efforts on success against the competition. The ISP group provides value added services (TV, phone) and many sell competing internet and Ethernet products from Charter and CenturyLink. Page 25 of 43 Printed: 09/26/2014 The chart below shows the customer counts and five year change for each of the ISPs and AFN. Table 4 - Customer Counts bti ISP Customer Counts - Five Year History July 1, 2010 July 1, 2011 July 1, 2012 July 1, 2013 July 1, 2014 5 Yr DeRW Ashland Home Network 2,159 2,938 2,768 2,596 2,514 (424) AFN 107 176 316 453 520 413 Jeffnet 723 643 584 515 459 (264) Computer Country 252 254 249 212 208 (44) Infostructure 957 220 204 186 182 (38) Hunter 2 4 3 6 9 7 4,200 4,235 4,124 3,968 3,892 (350) Notes: * Ashland Home Network acquired approx. seven hundred Infostructure customers "Ashland Home Network and Infrostructure are 4 year delta The AFN direct sales have proven effective in making significant gains (up three-hundred eighty-six percent in five years). The ISP channel has been challenged. With the exception of Hunter the ISPs have lost seven- hundred seventy customers during the five year period. The causes are likely: a) competition for cable TV (channel selection and features), b) services (performance) late to market, and c) limited marketing efforts and the representation of alternative services. AFN's direct efforts have proven effective; this channel should be allowed to freely compete against the larger incumbent. The message delivered to potential customers must be clear and unambiguous. AFN is the Ethernet and internet alternative to the competition. Where there is a mutual advantage for AFN to support the ISPs efforts, AFN and the ISP will leverage our relationship. However, AFN can no longer stand in the background but rather must openly and actively drive to gain market share against the larger incumbent. Page 26 of 43 Printed: 09/26/2014 Sales Forecast Fiber Service to the Premise (new) Fiber to the premise (FTTx) is a natural and anticipated extension of the AFN network. The AFN network has a core fiber network (twenty-five miles) serving the City. Historically only the customers with the budgets to construct and pay for dedicated fiber connections have been able to take direct advantage of AFN's fiber network. New (to Ashland) technology now makes fiber affordable to the small/medium business/enterprise. The project brings fiber from the ring to the customer premise. The initial area targeted for installation is a commercial area currently being served by AFN. Existing customers have expressed a need for the features fiber can provide - high performance and high reliability. The underlying technology for this proposal is Passive Optical Networking (PON). AFN has a real opportunity. The need and demand are there. The technology and supporting technologies are there. Additionally, a confluence of factors may distract the competition and provide AFN the opportunity to develop unmatched services and capture market share. Delaying the project will likely close the opportunity vis-a-vis the competition. This project is contingent upon meeting key assumptions. Without meeting or mitigating these assumptions the project should not go forward. The assumptions are outlined in the following tables. Page 27 of 43 Printed: 09/26/2014 Revenue Outcomes are dependent upon the assumptions noted below and in following forecast Revenue and Expenses Tables. The assumptions for Revenue/Sales are: • The new service revenues begin in FY2017 (September 2016) • Revenues ramp up slowly over an eighteen month period to reach a maximum of sixty-five connections. It is reasonable to expect the number of connections to keep growing, but for purposes of conservatism, the numbers are held to these levels. The first twelve months sales projections for the new fiber based services (Quantum 50 and 100) are shown in the table below. These numbers are conservative, minimum expected sales. Twelve Month Sales Forecast - Quantum Service 6/16 7/16 8/16 9/16 10/16 11/16 12/16 1/17 2/17 3/17 4/17 5/17 Total 1- -F Quantum SO 1 6 9 11 13 18 25 28 33 144 Sale Price/unit 85 SS 85 85 85 85 85 85 85 85 85 85 Quantum 50Total - 85 510 765 935 1,105 1,530 2,125 2,380 2,805 12,240 Quantum 100 1 2 2 3 3 4 4 5 24 Price 110 110 110 110 110 110 110 110 110 110 110 110 Qu a ntu m 100 Tota I - - - - 110 220 220 330 330 440 440 550 2,640 14,880 The above table indicates a go live launch date in September, 2016. Following the launch, sales ramp up slowly as AFN refines installation and support techniques. After the first six months, sales ramp up more quickly and by month eighteen level off at about sixty-five customers for the Quantum 50 service and continue to grow slowly for the Quantum 100 service for the remainder of the projection (please see the next table - Five Year Sales Forecast - Quantum Service). This forecast is based on specific cluster of AFN commercial customers who have expressed the real need for a fiber based product. Page 28 of 43 Printed: 09/26!2014 Five Year Sales Forecast - Quantum Service (realistic) FY2017 FY2018 FY2019 FY2020 FY2021 5 Year Total Quantum 50 avg 121mo avg 501mo avg 621mo avg 65/mo avg 65/mo Sale Price/unit 85 85 85 85 85 Quantum 50Totai 12,240 51,000 63,240 66,300 66,300 $ 259,080 Quantum 100 avg 2/mo avg 6/mo avg 8/mo avg 10/mo avg 12/mo Price 110 110 110 110 110 Quantum 100Tota1 2,640 7,920 10,560 13,200 15,840 $ 50,160 Total 14,880 58,920 73,800 79,500 82,140 309,240 The additional fiber based service is projected to add $309,520 to AFN's revenue over the five year period. As success and revenue allow, the service can be deployed into other commercial/industrial locations. Ultimately this service can provide fiber to the premise where ever revenue allows. The effect on AFN net Revenue projections is illustrated in the Revenue table below. Please note only FY2017 and FY2018 projections appear in the table below Revenue FY2014 FY2015 FY2016 FY2017 FY2018 Total High-Speed (fiber based) 199,419 204,404 209,514 229,632 279,041 1,122,010 Internet Service 1,630,416 1,630,416 1,711,936 1,797,533 1,887,410 8,657,711 Cable 99,003 85,018 85,018 85,018 85,018 439,075 Other - - - - - - Total Revenue 1,928,837 1,919,838 2,006,469 2,112,183 2,251,469 10,218,796 Notes: Year FY2014 actuaIs YearFY2015 budget Years FY2016-2018 are projections Revenue from PON starting in FY2017 The new revenue appears only in FY2017 and FY2018, remaing projected revenues (FY2019-FY2021) do not appear in this table Page 29 of 43 Printed: 09/26/2014 Expenses The effect of the Quantum services on AFN expense projections is illustrated in the table below. The assumptions for Expenses are: • Current budgeted capital investments are reduced in FY2016 -FY2018 to cushion the impact of the PON ($250k) and FY2016 internet ($250k) capital projects o FY2016 $190k down to $50k o FY2017 $126k down to $50k o FY2018 $105k down to $50k • A cost reduction of $200k in fixed costs in FY2016 - FY2018 • Capital investment of $250k for internet capacity in FY2016 • Capital investment of $250k for PON technology in FY2017 Expenses FY2014 FY2015 FY2016 FY2017 FY2018 Total Personnel 648,083 651,600 677,700 704,800 733,000 3,415,183 Operating 881,960 930,402 758,314 787,063 816,675 4,174,414 Debt 409,000 409,000 409,000 409,000 409,000 2,045,000 Capital 103,235 115,000 300,000 300,000 50,000 868,235 Total Expenses 2,042,278 2,106,002 2,145,014 2,200,863 2,008,675 10,502,832 Notes: Yea r FY2014 a ctu a Is YearFY2015 budget Years FY2016-2018 are projections Original Budget Capital Investments reduced in FY16-18 $200,000 Cost Reduction in FY16-18 Capital Investment in internetin FY2016 Capital investment in PON in FY2017 The difference between Revenue and Expenses is presented below as net income. Net Income (113,441) (186,164) (138,545) (88,680) 242,794 (284,036) Project financial analysis: Payback Period 4.3 years Net Present Value (6% discount; timed from project launch) $19,096 The fiber based Quantum services (PON technology) are recommended and provide a positive return to both the community and AFN. However, there are significant assumptions for the modification/relief of some current expense areas (fixed costs). If these assumptions cannot be met or otherwise mitigated the project should not go forward. Page 30 of 43 Printed: 09/26/2014 Financial Performance and Forecast Performance AFN's financial performance remains below breakeven. The aggressive marketing by the competition, the delayed system upgrades to match competitive services, the lack of new products, and the declining performance in the distribution channels have led to a loss of customers and their associated revenue. While AFN works to bolster income in the traditional business (cable, internet) through more aggressive marketing (ISP and Retail), the outlook is to continue the trend through FY2016. In FY2017, with the help of capital projects and anticipated marketing efforts, the division begins to rise above breakeven. While a new family of services is described in the strategic plan, the financial hurtles for implementation may make the project untenable. Moving forward, the continued lack of new products puts the division in a precarious competitive position five to six years in the future. The chart below shows the Historical financial performance for AFN. Figure 3 - Historical Financial Performance AFN Histroical Performance E 2,500 i ~ 2,000 4 - - - i 1,500 Total Revenues I y - - - Total Expenditures 0 1,000 ~ 3 Fund Ending Balance j r E' 500 Excess I ~ I (500) - i i ~ 2010 2011 2012 2013 2014 j Note: Excess = Revenue - Expenditures Page 31 of 43 Printed: 09/2612014 The following chart illustrates the historical trends within the division's revenue by line of business. Figure 4 - Revenue by Line of Business 1 AFN Revenue by Line of Business 2,500 ; I i ( 2,000----- 1,500 i j CATV 1 d 0 1,000 f- High Speed i Internet j i SOQ -*-Total i I 2009 ( 2010 2011 2012 2013 2014 j 2015 bgt 4 I CAN j 126,862 109,596 158,523 82,786 ' 105,560 99,003 1 85,018 High Speed 192,114 195,506 193,378 190,219 186,586-199,419 1,231 i Internet 1 1,486,76 1,512,64 1,592,85 1,658,12 1 1,603,96 1 i 1-t-Tota1 1,805,74 1 1,817,74 ; 1,944,75 1,931,12 1 1,896,10 1,928,83 12,006,88 Note: Change in CATV revenue in 2012 is a result of contract renegotiation in April, 2012 Page 32 of 43 Printed: 09126/2014 Forecast The following two charts show the four year projections for net revenue and expenses for the division. It is important to note there are no new services in these projections. However, there is a two-hundred fifty thousand dollar investment to increase internet capacity in FY2016. The investment is required to meet projected demand for internet by new and current customers. The internet capacity is required to continue to provide internet as a service (eighty-five percent of revenue in FY2014). The internet project is designed to provide for the increasing bandwidth utilization by our customers and forestall unsustainable pricing from the current supply chain. The following table presents the Revenue projections through FY2018. These projections are based on an expected growth in both the High-Speed and Internet service. This growth is based on a change to more active marketing, and leveraging AFN's local customer support advantage. Revenue FY2014 FY2015 FY2016 FY2017 FY2018 Total High-Speed (fiber based) 199,419 204,404 209,514 214,752 220,121 1,048,210 Internet Service 1,630,416 1,630,416 1,711,936 1,797,533 1,887,410 8,657,711 Cable 99,003 85,018 85,018 85,018 85,018 439,075 Other - - - - - - Total Revenue 1,928,837 1,919,838 2,006,469 2,097,303 2,192,549 10,144,996 Notes: Year FY2014 actuaIs YearPY2015 budget Years FY2016-2018 are projections NO Revenue from PON Page 33 of 43 Printed: 09/26/2014 The assumptions for Expenses are: • Current Budgeted capital investments are reduced in FY2016 -FY2018 to cushion the impact of the FY2016 internet ($250k) capital project o FY2016 $190k down to $50k o FY2017 $126k down to $50k o FY2018 $105k down to $50k • A cost reduction of $150k in fixed costs in FY2016 - FY2018 (central services, debt, etc.) • Capital investment of $250k for internet capacity in FY2016 Expenses _ FY2014 FY2015 FY2016 FY2017 FY2018 Total Personnel 648,083 651,600 677,700 704,800 733,000 3,415,183 Operating 881,960 930,402 808,314 837,063 866,675 4,324,414 Debt 409,000 409,000 409,000 409,000 409,000 2,045,000 Capital 103,235 115,000 300,000 50,000 50,000 618,235 Total Expenses 2,042,278 2,106,002 2,195,014 2,000,863 2,058,675 10,402,832 Notes: Year FY2014 actuals Year FY2015 budget Years FY2016-2018 are projections Original Budget Capital Investments reduced in FY16-18 $150,000 Cost Reduction in FY16-18 Capital Investmentin internet in FY2016 NO Invesment in PON Net Income (113,441) (186,164) (188,545) 96,440 133,874 (257,836) Page 34 of 43 Printed: 09/26/2014 The following charts represent analysis of AFN's Expenditures. The first chart shows historical expenditures and the second chart presents the FY2014 actual expenditures. Figure 5 - AFN Expenditure Analysis, Historical l AFN Expenditure Analysis 2,500 , - - - - - - s i 2,000 I a Personnel j ■ Central Services N 1,500 I ~ 6 Debt Contribution m 1,000 ■ Other Materials and Services I F- 500 ■ Internet Capital Outlay i I 2010 2011 2012 2013 2014 Figure 6 - AFN Expenditure Analysis, 2014 AFN 2014 Expenditure Analysis 5% 13%:.~,. 3 f 1% s Personnel ■ Central Services 11% Debt Contribution I ■ Other Materials and Services I F 1 ■ Internet % Capital Outlay 20% 20% I The two charts above present where AFN uses its resources. In FY2014, Personnel, Central Services and Debt Contribution represent seventy-one percent of AFN's expenditures. Combined with the thirteen percent required for Internet, eighty-four percent of expenditures are fixed. Page 35 of 43 Printed: 09/26/2014 Appendix A - AFN Services Analysis - Count and Revenue Figure 7 - AFN Services Analysis - Count and Revenue {~/o) i (9uu) paadS1($) 031M -IAia5 00 0 0 0 0 0 0 0 0 0 i fi m 00 n In ul V M N O J LU J W m J W ~ ~ I i I N a Co II I Q fi Q - j - II 0 d) a ~ v 1 > p " LL { i O Q i w a a N a i W I QT i /L~ Y LL W C W ` N 7 + ~ o a i I j I?, LL Q O 2 U ~ CO i F ~ V I 111 = W O I O O O O O O O O O O O O M 00 11 cGt N CF M N r e-1 anuanali W 4uno3 leiot ;o;ua»ad Page 36 of 43 Printed: 09/26/2014 Appendix B - AFN Channel Analysis - Services Distribution by ISP Figure 8 - Channel Analysis - Services Distribution by ISP i Y j O 3 y i Z ~ d £ m ° u w m a a z r ~ ,o E i a s v 5 u° i Q W 1 I m i •f" 4 a z 7 J2 N i i i, IL m Q 7 a f H ~ _f. I I LL 'w 1 O T ~ f i4 w LL W W ~i ~I I I OC fO w LL W Q r O ~ u i t u a m g 1 7 w i a a a a a a a a a a a ° m m0 1 ° m° ° - Page 37 of 43 Printed: 09126/2014 Appendix C-Current AFN Rates Structure The following chart is AFN's current flat wholesale rate structure, implemented in January 2011. AFN Fiber Network Products Community Access (No longer promoted) Email Activity Dial Up Alternative Up to 256 Kbps Download / 256 Kbps Upload $9 month Wholesale $9 month AFN Direct Retail Basic (No longer promoted) DSL Alternative for Moderate Internet Users Up to 1.5 Mbps Download/ 256 Kbps Upload $25 month Wholesale $30 month AFN Direct Retail Choice The Most Popular Internet service With 200 GB/month bandwidth usage Up to 5 Mbps Download/ 1 Mbps Upload $28 month Wholesale $35 month AFN Direct Retail Preferred General Media Applications With 250 GB/month bandwidth usage Up to 15 Mbps Download/ 3 Mbps Upload $38 month Wholesale $45 month AFN Direct Retail Preferred Plus For Web-based TV and Movie Viewing With 300 GB/month bandwidth usage Up to 15 Mbps Download/ 3 Mbps Upload $45 month Wholesale $55 month AFN Direct Retail Page 38 of 43 Printed: 09126/2014 Appendix C-Current AFN Rates Structure (continued) Media Online Gaming and General Media Applications With 300 GB/month bandwidth usage Up to 20 Mbps Download/ 5 Mbps Upload $55 month Wholesale $65 month AFN Direct Retail Media Plus Premium Residential Services With 350 GB/month bandwidth usage Up to 20 Mbps Download/ 5 Mbps Upload $65 month Wholesale $75 month AFN Direct Retail Home Office For Home Office Applications Enabling Fast Two-Way File Transfers With 350 GB/month bandwidth usage Up to 10 Mbps Download/ 3 Mbps Upload $53 month Wholesale $65 month AFN Direct Retail Small Business With 500 GB/month bandwidth usage Up to 25 Mbps Download/ 5 Mbps Upload $73 month Wholesale $85 month AFN Direct Retail Small Business Enhanced With 500 GB/month bandwidth usage Up to 25 Mbps Download/ 10 Mbps Upload (Not Available Wholesale) $100 month AFN Direct Retail AFN MAX Home PROMO Implemented June 23, 2014 Charter Alternative With 500 GB/month bandwidth usage Up to 30 Mbps Download/ 5 Mbps Upload $45 month Wholesale $55 month AFN Direct Retail Page 39 of 43 Printed: 09/2612014 Appendix D-Proposed AFN Rates Structure The following chart is AFN's proposed rate structure to be updated with partner input to implement in the near future. AFN Fiber Network Products Internet Essential Low Income Connectivity Assistance With 100 GB/month bandwidth usage Up to 5 Mbps Download / 1 Mbps Upload $9 month Wholesale $9 month AFN Direct Retail Choice Our Most Popular Internet service With 200 GB/month bandwidth usage Up to 7 Mbps Download / 1 Mbps Upload $29 month Wholesale $35 month AFN Direct Retail Preferred General Media Applications With 300 GB/month bandwidth usage Up to 15 Mbps Download/ 3 Mbps Upload $39 month Wholesale $45 month AFN Direct Retail Max Home Online Gaming and General Media Applications With 350 GB/month bandwidth usage Up to 30 Mbps Download/ 5 Mbps Upload $45 month Wholesale $55 month AFN Direct Retail Enterprise Home Office and Small Offlce Connectivity With 500 GB/month bandwidth usage Up to 50 Mbps Download/ 5 Mbps Upload $80 month Wholesale $85 month AFN Direct Retail Page 40 of 43 Printed: 09/26/2014 Tables and Figures Table 1- Trends in Connectivity ..........................................................................................................................18 Table 2 - Bandwidth Growth (Fiscal Year End) .............................................................................................18 Table 3 - Competitive Analysis - AFN Internal Analysis of Strengths and Weaknesses, Competitive Comparison .....................................................................................................................23 Table 4 - Customer Counts by ISP .......................................................................................................................26 Figure 1 AFN Market Share vs. Market Size ..................................................................................................16 Figure 2 - Market Share of Market Participants (Revenue ...................................................................17 Figure 3 - Historical Financial Performance 31 Figure 4 - Revenue by Line of Business .............................................................................................................32 Figure 5 - AFN Expenditure Analysis, Historical ............................................................................................35 Figure 6 - AFN Expenditure Analysis, 2014 .....................................................................................................35 Figure 7 - AFN Services Analysis - Count and Revenue ......................................................................36 Figure 8 - Channel Analysis - Services Distribution by ISP ........................................................................37 Page 41 of 43 Printed: 09/26/2014 Endnotes Distribution Channel - distribution channel (aka marketing channel) provides for the delivery of products and services to the end-user or consumer either directly (direct channel) or through intermediaries. Point-of-Presence - location where telecommunication providers offer a connection point to their network and services. The major regional Points-of-Presence are located in: Portland, Seattle, and San Francisco. "last mile" - denotes the final connectivity leg between the telecommunications provider and the final customer iii or consumer. 'v Cloud Based Service - generally described as one of the following services. Software as a Service (SaaS). The capability provided to the consumer is to use the provider's applications running on a cloud infrastructure, The applications are accessible from various client devices through either a thin client interface, such as a web browser (e.g., web-based email), or a program interface. The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage, or even individual application capabilities, with the possible exception of limited user-specific application configuration settings. Platform as a Service (PaaS). The capability provided to the consumer is to deploy onto the cloud infrastructure consumer-created or acquired applications created using programming languages, libraries, services, and tools supported by the provider. The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, or storage, but has control over the deployed applications and possibly configuration settings for the application-hosting environment. Infrastructure as a Service (1aaS). The capability provided to the consumer is to provision processing, storage, networks, and other fundamental computing resources where the consumer is able to deploy and run arbitrary software, which can include operating systems and applications. The consumer does not manage or control the underlying cloud infrastructure but has control over operating systems, storage, and deployed applications; and possibly limited control of select networking components (e.g., host firewalis). IPTV/OTT: Internet Protocol TV (IPTV), Transport and delivery of TV programming via a privately controlled internet protocol network Over the Top (OTT), Transport and delivery of TV programming via the public internet protocol network vi ICT - Information and Communication Technologies, the integration of both computing and communications technologies into consumer goods, "The internet of everything" vii History -edited and updated from Ashland Fiber Network Strategic Business Plan, page 10, August 2010 viii FTTx: Fiber To The x - refers to all possible optical fiber topologies from a telecom or cable carrier to its customers, based on the location of the fiber's termination point FTTH and FTTP (home and premises) the fiber ends inside the home or building FTTC and FTTN (curb and neighborhood) the fiber ends outside the home or building ix Press Release, J.D. Power Reports. Customer Satisfaction is High among Internet Customers Who Upgrade to Premium Speed Offerings To Boost Performance, J.D. Power, McGraw Hill Financial, 26 September 2013 X VLAN: Group of devices on one or more networks that are configured to communicate as if they were attached to the same wire, when in fact they are located on a number of different network segments Page 42 of 43 Printed: 09126/2014 xi SOHO - Small Office Home Office, small or home office environment and the business culture that surrounds it xii Telecommunications Industry Market Research, Introduction to the Telecommunications Industry, Plunkett Research Limited, Available from: <http://www.plunkettresearch.com/telecommunications-market- research/industry-and-business-data>. [9 September 20141 xiii Federal Communications Commission, Statistical Reports, Internet Access Services, 6/14 Release, Local Telephone Competition and Broadband Deployment, pg. 25, Table 7, Available from: httns://apps.fcc.gov/edocs public/attachmatch/DOC-327829A1 pdf. [14 July 2014] AV VolP - Voice over Internet Protocol, delivery of voice communications and multimedia sessions over Internet Protocol (IP) networks - Wired Business, The Internet is Officially More Popular Than Cable in the U.S., Available from: < http://www.wired.com/2014/08/the-internet-is-now-officially-more-popular-than-cable-in-the-u-s/>, [12 September 20141 xvi Bloomberg News, TV Subscriptions Fall for First Time as Viewers Cut the Cord, Bloomberg, Available from: < http: //www.bloomberg.com/news/2014-03-19/u-s-pay-tv-subscriptions-fall-for-first-time-as-streaminggains.html>, [15 September 2014] xvii Products: Internet - Internet is a communications protocol used to ensure quick addressing/routing and error free delivery of information from source to final destination (especially across multiple networks). Ethernet - Ethernet is a more tightly focused communications protocol used to connect and identify unique physical devices within a single network. Though predating the International Standards Organization's Open Systems Interconnection (OSI) standard model for communication among devices, Internet and Ethernet do support different layers of the OSI model (see table below). (Ethernet - Layer 2; Internet - Layers 3 and 4) OSI Model Examples Application Layer 7 Fecimrs acmwmaom betty Web Application soaware ap*aft" no owdook IE WR p Data 6 Presentation Layer Dote to MWtPtbn ad emra)ytw 5 Session Layer g0 hrncoet eommu*dim Segments 4 Endb wwn mme~twditkb ty Transmission Control Protocol (TCP) Network Layer Packets 3 Path deWminatian and logical Internet Protocol op) edareesing Frames Dab Link Layer 2 lAec a/d lLC - setiur+rsiag Eewrnet , Law cars Bits 1 k~--~Wd Page 43 of 43 Printed: 09/26/2014 CITY of ASHLAND Council Communication January 6, 2015, Business Meeting Council adoption of administrative goals and objectives FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: The City Council, at its November 4, 2014, meeting, adopted a set of strategic planning goals and objectives for the City to pursue over the next six years. The Council requested that the City's staff leadership team prepare its own set of administrative goals and objectives, which would then be incorporated into the Council's goals and objectives, along with the goals and objectives of the Parks and Recreation Commission. The Parks goals will be discussed at an as-yet unscheduled joint meeting of the Council and the Commission. Following the format used by the Council, the leadership team created two major goal categories - "Quality of Life, Environment and Sustainability" and "Administration and Governance" - that sum up what we provide on an ongoing, day-to-day basis. Within the Quality of Life goal, objectives are provided in the following sub-goal categories: Public Safety, Municipal Infrastructure, Long-Range Planning and Economic Development. BACKGROUND AND POLICY IMPLICATIONS: The City Council launched a long-range strategic planning session with a day-long meeting on March 8, 2014, at which it examined themes for Ashland's future, as well as the strengths, weaknesses, opportunities and threats for Ashland. Over the next seven months and through a series of strategic planning meetings, all of which were properly noticed and open to the public, the Council created a set of goals and objectives intended to guide the City to the year 2020. These goals and objectives were formally adopted by the Council at its November 4, 2014, business meeting. One of the major goal categories identified by the Council was "Public Safety," however, beyond one goal statement, the Council did not develop any sub-goals or objectives. Instead, the Council asked that City staff develop a set of administrative goals that would be incorporated into its strategic planning goals and which would address public safety. The City's leadership team met in two half-day sessions to create these administrative goals that are now presented to the Council. At the start of the first of these planning meetings, the team quickly agreed that public safety fell into a suite of municipal services that could be broadly identified as the means by which we provide for Ashland's high quality of life on a day-to-day basis. As such, rather than working with a major goal category titled "Public Safety," the team created a major goal category titled "Quality of Life, Environment and Sustainability," with the goal statement, "Provide, promote and enhance the security/safety, environmental health and livability of the community." (Note: In order to avoid Page I of 2 OU 1 CITY OF ASHLAND confusion with the Council's "Environment" goal category, this could be retitled "Quality of Life Municipal Services.") Within this goal category, objectives were developed for public safety, municipal infrastructure, planning and economic development. The team also created a major goal category titled "Administration and Governance," with the goal statement, "Provide high quality, effective, and efficient city services and governance in an accessible, collaborative, and fiscally responsible manner." Although not broken out or explicitly stated, this goal is intended to address the City's administration, finance, human resources, information technology and other support service resources as they apply both internally and to our citizens. As the next step in this goal-setting process, staff is now working on specific, measurable actions for these objectives, as well as the high-priority goals and objectives identified in the Council's strategic planning sessions. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends adopting or at least affirming these administrative goals and objectives and merging these with the previously adopted City Council strategic planning goals. SUGGESTED MOTION: 1 move approval of the 2015-2017 administrative goals and objectives. ATTACHMENTS 2014 Strategic Planning Goals 2015-17 Administrative Goals and Objectives Page 2 of 2 rpla City Council Goals and Objectives Approved November 4, 2014 Mission Statement To support a resilient, sustainable community that lives within its means and maintains the distinctive quality of life for which it has become known in the face of external change and internal development - via direct delivery of basic services and leveraged enablement of enhanced services. Please note: • Goals and objectives highlighted in yellow are Priority Strategic Planning Goals and Objectives for the City Council. • Goals and objectives in orange were determined to be Council policy calls that can be pursued by the Council at its discretion. • Goals and objectives in green are NOT recommended by the Council for priority funding in the 2015-17 budget cycle. Government 1. Leverage our regional and state relationships to increase effectiveness in relevant policy arenas 1.1 Maintain coordination and regular communication with State Legislators/county commissioners. 1. La. Potential for regular reports to Council from assigned Councilor from Legislative hotline (during legislative session only). 1. Lb. Explore the utilization of other forms of legislative representation (lobbyist, dedicated staff., etc). 1.1.c. Develop a local legislative agenda prior to the session (possibly with Ashland Coalition partners). 1.2. Develop plan for coordination with Jackson County on the following: 1.2.a. County Road Improvements within the City limits 1.2.b. Weed abatement on County land within the UGB. 2. Promote effective citizen communication and engagement 2.1 Engage community in conversation about core services, desired service levels and funding mechanisms. 2.2 Engage boards and commissions in supporting the strategic plan. 2.3 Evaluate existing communication tools currently in use, such as: 23.a Open City Hall 23.b Listserve 2.3.c RVTV 23.d Newspapers 2.3.e City website 2.3.f Expand and promote those tools that are most effective, meaningful and efficient for the public to use for understanding an issue (fact gathering), Page 1 enabling participation, providing avenues for input to Council and being made aware of decisions made. 2.3.g Repackage and make more accessible Council Communication documents to assist in informing the public on issues. 2.3.h Explore the use of Town Hall style meetings for Council/public interaction. 23.i Explore "City Walk" style outreach program (Council and staff proactive personal engagement in the community). 2.4 Use the Mayor's State of the City (SOC) address to honor, recognize and appreciate community/volunteer involvement. 2.4.a Incorporate Ragland Award activities (and other potential volunteer related activities) with SOC. 3. Support and empower our community partners 3.1 Look for ways to monitor and support changes at Southern Oregon University. 3.2 Monitor and support Mt. Ashland as a major regional recreational facility. 3.2.a Continue City oversight of the environmental impacts of the ski area as they relate to Ashland. 33 Support the non-profit and cultural entities in the community. 3.4 Support RVTD in fulfilling and expanding its mission. Organization 4. Evaluate real property and facility assets to strategically support city mission and goals. 4.1 Identify and evaluate underperforming assets. 4.2 Cultivate external funding opportunities. 4.3 Examine city hall replacement and other facility needs. 4.4 Examine long term use of Imperatrice property. People 5. Seek opportunities to enable all citizens to meet basic needs. 5.1 Examine means and methods by which to improve access to mental health services for Ashland citizens who need them. 5.2 Support and promote, through policy, programs that make the City affordable to live in. 5.2.a. Pursue affordable housing opportunities, especially workforce housing. Identify specific incentives for developers to build more affordable housing. 5.3 Leverage partnerships with non-profit and private entities to build social equity programming. 5.4 Encourage the ongoing effectiveness of the Resource Center. 6. Develop supports to enable citizens to age in Ashland 6.1 Support and augment existing programs. 6.2 Provide links to local non-profit support organizations on City web site. 6.3 With Parks Commission. explore expansion of the Senior Center and senior services. 7. Keep Ashland a family friendly community. 7.1 Support educational and enrichment programs in the community. Page 2 7.2 Provide City promotion and marketing of family-oriented events. 7.3 Support land-use plans and policies that encourage family-friendly neighborhoods. Environment 8. Protect the integrity and safety of the watershed. 8.1 Implement and maintain the Ashland Forest Resiliency project. 8.2 Educate and engage the community in watershed stewardship. 8.2.a Declare a "year of the watershed" and coordinate activities around it. 8.3 Maintain current Firewise communities and implement the Fire Adapted Communities model. 8.4 Complete the expansion of the city's wildfire hazard zone to accurately reflect risk. 8.5 Fund the AFR & AIR programs. 8.6 Continue to engage state and federal representatives on the AFR project. 8.7 Weed abatement on County land within the UGB (exotic species). 9. Enhance and expand natural and recreational resources. 9.1 Work with the local bicycle community on enhancement of recreational opportunities. 92 Analyze and expand eco-tourism opportunities. 9.3 Support Mt. Ashland in diversifying eco-friendly recreational opportunities. 9.4 Support the local trails organizations and trail mapping. 9.5 Examine and improve the process for obtaining permits for bicycle and road race events. 10. Support local micro-agriculture and food production. 10.1 Design policies that allow and encourage micro-agriculture. 10. La. Encourage the development of community gardens. farmer's markets. truck gardens and infrastructure. 11. Prepare the community for natural and human-made disasters. 11.1 Address the seismic vulnerability of downtown. 11.2 Develop a comprehensive, at-home disaster preparedness program for all citizens. 12. Update the Comprehensive Plan. 13. Develop and support land use and transportation policies to achieve sustainable development. 13.1 Create incentives and ordinances for energy-efficient buildings. 13.2 Develop infill and compact urban form policies. 133 Support alternative transportation choices. 14. Encourage and/or develop public spaces that build community and promote interaction. Economy 15. Seek opportunities to diversify the economy in coordination with the Economic Development Strategy. 15.1 Support film industry growth. 15.2 Evaluate barriers to business start up and expansion. 16. Nurture emerging new technologies. Page 3 16.1 Position ourselves as a location where high-tech businesses want to grow. 16.2 Promote the e-commerce zone. 17. Market and further develop the Ashland Fiber Network. 17.1 Complete and implement the AFN business plan. 18. Diversify transportation and shipping options. 18.1 Strengthen the Ashland municipal airport as an enterprise. 18.2 Develop and encourage alternative transportation options. 19. Ensure that commercial and industrial areas are available for development. 19.1 Examine Croman redevelopment plan. 19.2 Evaluate the prospects for the redevelopment of the railroad property. 19.3 Use existing financial tools to support re-development. 19.4 Create predictable pathways for development of employment land. 20. Embrace and plan ahead for emerging social trends that might impact the economy and vitality of the community. EnerLy and Infrastructure 21. Be proactive in using best practices in infrastructure management and modernization. 21.1 Complete downtown parking management and traffic circulation plan. 21.2 Expand public transportation options. 21.3 Re-examine and review master plans and SDCs on regular basis. 22. Prepare for the impact of climate change on the community. 22.1 Develop and implement a community climate change and energy plan. Public Safety 23. Support innovative programs that protect the community. Page 4 Administrative Goals and Objectives 2015-2017 Ouality of Life, Environment and Sustainability Goal I Provide, promote and enhance the security/safety, environmental health and livability of the community. Public Safety Objectives • Increase safety and security city-wide. • Enhance the community's emergency preparedness through education and increased awareness. • Improve public communications and community partnerships regarding public safety policies and best practices. • Reduce the risk of fire in the city and environs. • Provide Police, Fire, and other first responders with facilities and equipment that ensures their and the public's safety. Municipal Infrastructure Objectives • Promote conservation as a long-term strategy to protect the environment and public utility needs. • Deliver timely life-cycle capital improvements. • Maintain existing infrastructure and plan for future improvements to meet regulatory requirements and minimum life-cycle costs. • Implement recommendations of adopted master and capital plans. Long Range Planning Objectives • Encourage responsible development of employment lands. • Ensure building and life safety on physically constrained lands. • Investigate strategies that provide housing opportunities for the total cross section of Ashland's population. • Ensure new development protects and is in keeping with the attractiveness of Ashland's natural and built environment. Economic Development Objectives • Update the Economic Development Strategy and work with community partners in its implementation. • Maintain and improve infrastructure to enhance economic vitality of the community. Otfky~W401' Administration and Governance Goal Provide high quality, effective, and efficient city services and governance in an accessible, collaborative, and fiscally responsible manner. J•~►' Objectives • Ensure on-going fiscal ability to provide desired and required services at an acceptable level. • Use results of Citizen Survey to identify needed improvements. • Provide modern and innovative equipment and facilities for city functions. • Eyre the security and integrity of City data. • Ensure the efficient and effective use of technology to enhance customer satisfaction. • Promote and reinforce City-wide customer service standards. Ensure compliance with all regulatory requirements. • Keep the Council informed of organizational activity and provide timely information for Council decision-making. • Support and develop staff knowledge, skills and abilities to provide exceptional public service. • Foster teamwork across City departments and programs. • Achieve consistent compliance with the AMC and all applicable codes. • Develop a fee/rate structure that is consistent with adopted master plans and studies. CITY OF ASHLAND Council Communication January 6, 2015, Business Meeting A Resolution Declaring the Chautauqua Square Fountain Surplus Property and Discussion of options for the Black Swan Plaza FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY At the July 1, 2014 study session, the Oregon Shakespeare Festival requested that the City remove the non-functioning fountain the City placed in front of the Black Swan Theater in 1990, and further asked that the City remove a planter box at the corner of E. Main and Pioneer Streets. OSF repeated this request at the November 3, 2014, study session held to discuss behavior problems in the downtown area. At that time, the Council requested an estimate for repairing or relocating the fountain before acting on OSF's request. After examining the fountain and determining that its problems most likely relate to its having been improperly installed 24 years ago, staff hired an independent construction cost estimating consultant to examine the fountain. That consultant determined the cost to be $90,000 for repairing the fountain in place or $102,000 to relocate it. Staff recommends simply removing the fountain rather than spending this much money to repair or relocate it. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland placed a marble fountain in Chautauqua Square in front of the Black Swan Theater at E. Main and Pioneer Streets in 1990. The property is owned by the City but controlled by the Shakespeare Festival under a lease agreement that gives the Festival a largely unlimited right to make improvements or demolish existing improvements on the property. There is no record of any formal agreement between the City and OSF to place the fountain in front of the Black Swan. A review of meeting minutes found that the matter was never approved or even considered by the City Council. Within two years of its installation, the fountain began to "weep." That is, water would seep through the marble rather than remaining in the basin to be recirculated. Numerous fixes were attempted, mostly involving various sealants, and none worked. In 1992 the fountain was shut off. Additional attempts were made over the years to fix the fountain, most recently in 2008, and none have worked. These problems may relate to the marble itself. Staff research has found that marble is not a recommended material for outdoor fountains, since it is subject to damage from freeze/thaw cycles. (Click here for a General Services Administration paper on marble characteristics, uses and problems.) In addition, the City's past attempts to solve the problem by applying sealants to the marble may have been a serious mistake. According to the Marble Institute of America, "Generally, topical sealers are not recommended in exterior applications, because they can trap moisture within the stone which may lead to surface deterioration during freeze/thaw cycles." (There is much more information at http://www.marble-institute.com.) Page 1 of 3 CITY OF ASHLAND At its July 1, 2014, study session, the Council received a request from OSF to remove the fountain as well as one planter box, to help facilitate the Festival's plan to open up the space and make it more active and welcoming, possibly by locating a food cart with tables and chairs in front of the Black Swan. Note that under the lease agreement between the City and OSF, the Festival has the right to remove the fountain and the planter box. However, it is arguably correct that it should be the City's responsibility to remove the fountain, since the City paid for and installed the fountain and there is no record of any agreement between the two parties for the City to place the fountain there. OSF repeated its request at the November 3, 2014, study session, which was held to discuss behavior problems in downtown Ashland, particularly at the corner of E. Main and Pioneer. At that study session, the Council requested an estimate for either repairing or relocating the fountain before making a decision on its future. (A "possible priority task" in the current Economic Development Strategy is "Black Swan Fountain & Plaza redesign and upgrade." This is listed under strategy 5.3, which discusses capital improvements downtown. OSF's request would therefore seem to be consistent with the Economic Development Strategy.) Staff examined the fountain and determined that its problems result from being improperly installed in 1990. In fact, some of the settling around the base of the fountain is now clearly visible. Staff also theorizes that the marble itself, which was purchased from a quarry in Mexico, is not suited to our climate (see discussion above). One of the fixes attempted in 2008 held until freezing weather set in, after which the marble began weeping again. Since staff is not the experts on fountain repair, we hired A Better Way Consulting, a Medford-based construction cost estimating firm, to examine the fountain and provide us with an objective, independent assessment of what would be required to fix the fountain. Repairing the fountain would involve lifting it intact, reconstructing the base and then reinstalling it. A Better Way Consulting estimates the cost of doing so at $90,000. The cost of relocating the fountain is estimated at $102,000. Note that either of these jobs would have to be publicly bid and the competitive process could result in actual costs that are lower than these estimates, although it is questionable as to whether they would be significantly lower. A copy of A Better Way's estimate is attached. Note, too, that given the concerns about the integrity of the marble itself, there is no guarantee that making this repair will solve the problem. From an administrative standpoint, it is difficult to justify spending this much money on the fountain. It is not historic, it is not, as some believe, a gift from (our sister city) Guanajuato and it is an impediment to OSF's plans to make more beneficial use of the space. However, recognizing the sentimental value the fountain has to many in our community, staff proposes to declare the fountain surplus property and solicit bids from community members who are willing to remove the fountain at their own expense. As proposed, if no bids are received, the City will remove the fountain, but make no attempt to salvage it. We would also repair the concrete beneath and the planter box behind the fountain. Other options for the Black Swan plaza Also at the November 3 study session, there was discussion of modifications to the Black Swan plaza as a means of helping to address behavior problems in that area. OSF has proposed removing the Page 2 of 3 PE, CITY OF ASHLAND planter box at the corner that creates a "gauntlet" where the sidewalk narrows. Staff would further propose relocating newspaper boxes currently located in front of the Starbucks building to the area in front of the low planter box, which was the former location of a bench and phone booth. The planter box OSF would like to remove is mostly within their leasehold property. A small portion protrudes into the public right of way. While these changes were discussed at the study session, the Council did not provide any specific direction as to their implementation. Again, the Festival has an apparent right to remove the planter box, however in the interest of partnership, staff would propose removing it for them to ensure that it's done properly. COUNCIL GOALS SUPPORTED: 3. Support and empower our community partners 3.3 Support the non-profit and cultural entities in the community. FISCAL IMPLICATIONS: Per the Better Way Consulting estimate, an attempt to repair the fountain in place would cost up to $90,000. Relocating fountain would cost up to $102,675. No money has been budgeted for this purpose. Staff would propose a transfer of General Fund contingency to the Facilities budget. If the City removes the fountain without attempting to salvage it, the removal work can be done by the Street Division. Repairs to the concrete and planter box would likely run $2-3,000, which can be absorbed in the Facilities Division budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends declaring the Black Swan fountain surplus property and soliciting bids from the public for its purchase and removal. Staff further recommends removing the fountain if no bids are received. Finally, staff recommends removing the planter box at the southeast corner of E. Main and Pioneer and relocating the newspaper boxes as shown in the attached drawing. SUGGESTED MOTION: I move approval of a resolution titled, "A Resolution of the City of Ashland Declaring the Chautauqua Square Fountain Surplus Property." -and- I move to direct staff to remove the Chautauqua Square fountain if no bids are received for it, to relocate the newspaper boxes on East Main Street to the location formerly occupied by the phone booth and bench opposite the Black Swan plaza, and to work with the Oregon Shakespeare Festival on the removal of the planter box at the southeast corner of East Main and Pioneer Streets. ATTACHMENTS: Resolution Cost estimate from A Better Way Consulting Diagram of proposed Black Swan modifications Page 3 of 3 pr, RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL DECLARING THE CHAUTAUQUA SQUARE FOUNTAIN SURPLUS PROPERTY RECITALS: A. The City of Ashland in 1990 installed a marble fountain in front of the Oregon Shakespeare Festival's Black Swan Theater, in the area known as Chautauqua Square. B. The area where the fountain is installed is part of the leasehold property owned by the City controlled by the Oregon Shakespeare Festival. C. The fountain has not functioned properly for more than 20 years. The Shakespeare Festival has requested that the City remove the fountain and the City wishes to comply with that request. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Section 2.54 of the Ashland Municipal Code, the City Council of the City of Ashland declares that the marble fountain in Chautauqua Square is surplus property. SECTION 2. The Finance Director is directed to solicit bids from the public to purchase and remove the fountain. SECTION 3. If no offer to purchase and remove the fountain is received within 30 days of the effective date of this resolution, the City Administrator is directed to have City staff or a qualified contractor remove the fountain and repair the area from which the fountain is removed. This resolution was duly PASSED and ADOPTED this day of , 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page I of 1 Confidential BID BID ABW (Shakespeare Fountain),xlsx 16;98 14 1 PM A Better Way Consulting mark-up percentages: 20.00% 14.0096 12.00% B.I)o% 3.00% Labor St. Rate St. Hours St. Total Total Labor Eqp. Rate Hrs Eqp. Total Mat. Quan Mat. Price Mat. Totals Sub-C Rate Sub-C Quan Sub-C Total Other Rate Other Quan Other Total Line Totals, no SUBTOTALS W/Mark-up unit price BI Description Quan unit Class Needed mark-up 1 General Conditions 1.0 LS $ 11,736.90 $ 14,084.28 $ $ $ $ 16,409.96 $ 27,668.90 $ 30,494.24 $ 30,494.24 Superintendent 1 ea FM1 $ 56.70 167.0 $ 9,468.90 $ 9,468.90 $ $ $ $ - $ 9,468.90 Office OH 1 mo . $ - $ - $ - $ $ .00 1.0 $ 3,882.00 $ 3,882.00 Insurance 1 Is $ $ $ $ $ $ 1.0 $ 500.00 $ 500.00 Mob In 1 Is $ $ - $ - $ $ $ - $1,750.00 1.0 $ 1,750.00 $ 1,750.00 Project Management 1 ea PM1 $ 56.70 40.0 $ 2,268.00 $ 2,268.00 $ $ $ - $ $ 2,268,00 Fuel 1 mo . $ $ - $ - $ $ _ $ - $600,00 1.0 $ 600.00 $ 600.00 Safety 1 Is . $ $ - $ $ $ $ $500.00 1.0 $ 500.00 $ 500.00 Sanitation 1 mo . $ $ - $ $ $ $ $250.00 1.0 $ 250.00 $ 250.00 Signs 1 Is , $ $ - $ - $ $ $ $500.00 1.0 $ 500.00 $ 500,00 Small Tools 1 Is $ $ - $ - $ $ $ $1,500.00 1.0 $ 1,500.00 $ 1,500.00 Dump Trailer 1 Mo.. $ $ - $ - $ _ - $ $ $250.00 1.0 $ 250.00 $ 250.00 Water Trailer Frac Tank) 1 mo . $ $ - $ $ - $ $ $2,500.00 1.0 $ 2,500.00 $ 2,500.00 Testing 1 Is $ $ - $ - $ - $ Is $1,500.00 1.0 $ 1,500.00 $ 1,500.00 Bond Costs 1 Is $ $ - $ - $ - $ $ $ 2,200.00 1.0 $ 2,200.00 $ 2,200.00 Public Protection, Direction 2 of Traffic & Erosion Control 1.0 LS $ 4,414.28 $ 5,297.14 $ 5,318.10 $ 616.00 $ $ $ 9,629.28 $ 11,231.24 $ 11,231.24 Skid steer 1.0 ea r$43~.. $ - $ Is 65.00 30.0 $ 1,950,00 $ - $ $ $ 1,950.00 Oper 1.0 OP4 30.0 $ 1,824.23 $ 1,824.23 $ is $ $ $ 1,824.23 Laborer 2.0 LB1 30.0 $ 2,590.06 $ 2,590.06 $ $ - $ - $ - $ 2,590.06 CrewTr. 1.0 $ - $ • $ 25.50 30.0 $ 765.00 $ $ $ - $ 765.00 Rent Security Fence (2001f) 1.0 Is $ $ $ 3.50 200.0 $ 700.00 $ $ $ - $ 700,00 Rent Work.Tentw/HeatWents 1.0 ea $ $ $ 1,250.00 1.0 $ 1,250.00 $ $ $ $ 1,250.00 Rent Portable concrete wash out 1.0 ea $ $ $ $ - 550.0 $ 1.00 $ 550.00 $ $ $ 550.00 Remove & Protect Marble 3 Structure 1.0 LS $ 3,311.88 $ 3,974.26 $ 1,459.20 $ 1,680.00 $ 3,132.00 $ $ 8,991.88 $ 10,245.46 $ 10,245.46 Carpenter 2.0 ea CAR t$49.05 20.0 $ 1,962.07 $ 1,962,07 $ - $ - $ - $ $ 1'962.07 Skid steer 1.0 - $ - $ $ 65.00 8.0 $ 520.00 $ $ $ - $ 520,00 Oper 1.0 OP4 .81 8.0 $ 486.46 $ 486.46 $ - $ - $ $ - $ 486.46 Laborer 1.0 LB1 .17 20,0 $ 863.35 $ 863.85 $ - $ - $ $ $ 863,35 CrewTr. 1.0 $ - $ $ 25.50 20.0 $ 510.00 $ - $ $ - $ 510.00 Dunage 1.0 Is $ $ $ $ - 1.0 $ 1,500.00 $ 1,500,00 $ $ - $ 1,500.00 Winter Blankets 1.0 Is $ $ $ $ 250.00 1.0 $ 250.00 $ - $ $ - $ 250.00 Sub Boom Truck (Day Rate) 1.0 ea $ $ $ - $ - $ - $ 1,66000 1.0 $ 1,650.00 $ - $ 1,850,00 Sub Concrete Cutter (f. & w. saw) 1.0 $ $ $ $ $ - $ 1,250,00 _ 1.0 $ 1,250.00 $ - $ 1,250.00 $ $ $ $ $ $ $ $ Structural Grade 4 Reconstruction 1.0 LS $ 1,471.43 $ 1,765.71 $ 1,031.70 $ 2,089.92 $ $ $ 4,242.43 $ 4,887.33 $ 4,887.33 Skid steer 1.0 ea $ - $ - $ - $ 65.00 10.0 $ 650,00 $ - $ $ $ 6510.00 OpedGr. Checker 1.0 ON $ 60.81 10.0 $ 608.08 $ 60808 $ - $ - $ $ $ 608.08 Laborer 2.0 LB1 $ 4317 10.0 $ 863.35 $ 86335 $ - $ - $ $ $ 863.35 CrewTr, 1.0 $ $ - $ - $ 25.50 10.0 $ 255.00 $ - $ $ $ 255.00 delv. 314'-0 Cr. Rk, Structural Fill 60.0 to $ $ $ - $ - 60.0 $ 18.50 $ 1,110.00 $ $ $ 1,110.00 4" dia pert pipe w/ sock 40,0 If $ $ $ - $ 40.0 $ 1.25 $ 50.00 _ $ $ $ 50.00 defy, Open Course Drain Rk. 8.0 tns $ $ $ - $ 8,0 $ 19.50 $ 156.00 $ $ $ 156.00 defy, Sand Bedding 10.0 $ $ $ - $ 10.0 $ 22.50 $ 225.00 $ $ $ 225.00 Vapor Barrier 500.0 sf $ $ $ - $ 500.0 $ 0.65 $ 325.00 $ $ - $ 325,00 $ $ $ $ $ $ $ $ CaUserslAndylDocuments\A Better WaylRoxy Ann RocklShakespeare FounttanlBID ABW (Shakespeare Fountain).xlsx Page 1 of 3 Confidential BID BID ABW (Shakespeare Fountain).xlsx 1618 P1M A Better Way Consulting Labor St. Rate St. Hou s St. Total Total Labor Eqp. Rate Hrs Eqp. Total Mat. Quan Mat. Price Mat. Totals Sub -C Rate Sub-C Quan Sub-C Total Other Rate Other Quan Other Total Line Totals, no SUBTOTALS WlMark-up unit price I I Needed mark-up BI Description 70,,n unit Class Form & Pour New Base 5 Structure & Reset Marble 1.0 LS $ 11,459.15 $ 13,750.97 $ 4,306.92 $ 5,521.60 $ 1,350.00 $ - $ 21,417.15 $ 24,929.49 $ 24,929.49 Form Carpenter 2.0 ea CAR $ 49.05 20.0 $ 1,962.07 $ 1,962.07 $ - $ - $ - $ - $ 1,962.07 Laborer 2.0 LBi $ 43.17 20.0 $ 1,726.70 $ 1,726.70 $ - $ $ - $ - $ 1,726.70 Crew Tr. 1.0 $ $ - $ - $ 25.50 20.0 $ 510.00 $ - $ - $ $ 510.00 Form Material 150.0 sf $ $ - $ $ - 150.0 $ 5.50 $ 825.00 $ - $ $ 825.00 Miscellanous Material allow. 1.0 $ $ - $ $ 1.0 $ 550.00 $ 550.00 $ - $ $ 550.00 Rent Boom fr. (Day Rent) 1.0 ea $ $ - $ - $ 1,650.00 1.0 $ 1,650.00 $ - $ - $ $ 1,650.00 _ Iron Wk 2.0 ea IW $ 69.89 10.0 $ 1,397.84 $ 1,397.84 $ - $ $ - $ $ 1,397.84 Laborer 1.0 LB1 $ 43.17 10.0 $ 431.68 $ 431.68 $ - $ - $ - $ $ 431.68 Rebar 1.0 tns $ $ - $ - $ - F-- Pour Cement Mason 2.0 ea CM1 $ 49.05 8.0 $ 784.83 $ 784.83 $ - $ - $ - $ - $ 784.83 Winter $ 650.00 $ 650.00 $ - $ - $ 650.00 Laborer 2.0 LB2 $ 43.86 8.0 $ 701.77 $ 701.77 $ - $ $ - $ - $ 701.77 Crew Tr. 1.0 $ - $ - $ $ 25.50 8.0 $ 204.00 $ $ - $ - $ 204.00 Carpenter 1.0 CAR $ 49.05 8.0 $ 392.41 $ 392.41 $ $ $ - $ " $ 392.41 Laborer 1.0 LB1 $ 43.17 8.0 $ 345.34 $ 345.34 $ - $ _ $ - $ - $ 345.34 Crew Tr. 1.0 $ - $ - $ - $ 25.50 8.0 $ 204.00 $ - $ - $ - $ 204.00 Concrete 16.0 cy $ $ $ - $ - 16.0 $ 150.00 $ 2,400.00 $ - $ - $ 2,400.00 Cure $ Hardner 1.0 gal $ $ $ - $ 1.0 $ 55.00 $ 55.00 $ - $ - $ 55.00 Blankets 1.0 Is $ $ $ $ 1.0 $ 450.00 $ 450.00 $ - $ $ 450.00 Sub Boom Pump Tr. 1.0 ea $ $ $ - $ $ $ 1,250,00 1.0 $ 1,250.00 $ $ 1,250.00 Reset Cement Mason 2.0 ea CM1 $ 49.05 20.0 $ 1,962.07 $ 1,962.07 $ $ $ - $ $ 1,962.07 Laborer 2.0 1-132 $ 43.86 20.0 $ 1,754.42 $ 1,754.42 $ _ $ $ $ $ 1,754.42 Crew Tr. 1.0 $ - $ - $ - $ 25.50 20.0 $ 510.00 $ $ $ $ 510.00 Site Mixer 1.0 ea $ $ - $ - $ 35.00 20.0 $ 700.00 $ $ $ $ 700.00 6 Clean up Site 1.0 LS $ 4,414.28 $ 5,297.14 $ 3,095.10 $ $ $ $ 7,129.28 $ 8,392.24 $ 8,392.24 Skid steer 1.0 ea $ $ - $ - $ 65.00 30.0 $ 1,950.00 $ $ $ $ 1,950.00 Oper 1.0 OP4 $ 60.81 30.0 $ 1,824.23 $ 1,824.23 $ - _ $ - $ - $ $ 1,824.23 Laborer 2.0 LB1 $ 43.17 30.0 $ 2,590.06 $ 2,590.06 $ - $ - $ - $ $ 2,590.06 Crew Tr. 1,0 $ - $ - $ - $ 25.50 30.0 $ 765.00 Is - $ - $ $ 765.00 $ - $ - $ - $ Is - $ - $ $ - 723.0 $ 36,807.93 $ 36,807.93 447.0 $ 13,343.00 $ 8,846.00 $ 4,150.00 $ 15,932.00 $ 79,078.93 $ 79,078.93 $ 90,180.01 BOND COSTS 1,952.4 check total: $ 79,078.93 ave. mark-up 14.0490 C:\UserstAndylDocuments\A Better Way\Roxy Ann Rock\Shakespeare FountlantBID ABW (Shakespeare Fountain)xlsx Page 2 of 3 Confidential BID BID ABW (Shakespeare Fountain).xlsx 121912014 A Better Way Consulting 6:18 PM Labor St. Rate St. Hours St. Total Total Labor Eqp. Rate Hrs Eqp. Total Mat. Quan Mat. Price Mat. Totals Sub-C Rate Sub-C Quan Sub-C Total Other Rate Other Quan Other Total Line Totals, no SUBTOTALS WlMark-up unit price BI Description Quan unit Class Needed mark-up Additive for Relocation of Fountain 1A Load, Transport & Unload 1.0 LS $ 2,942.86 $ 3,531.43 $ 2,063.40 $ - $ 2,266.00 $ $ 6,852.86 $ 7,882.83 $ 7,862.83 Skid steer 1.0 ea $ $ - $ - $ 65.00 20.0 $ 1,300.00 $ - $ - $ $ 1,300.00 OperfGr. checker 1.0 ON $ 60.81 20.0 $ 1,216.15 $ 1,216.15 $ - $ - $ $ $ 1,216.15 Laborer 2.0 LB1 $ 43.17 20.0 $ 1,726.70 $ 1,726.70 $ - $ - $ $ $ 1,726.70 CrewTr. 1.0 $ - $ - $ $ 25.50 20.0 $ 510.00 $ - $ - $ $ 510.00 Sub Boom Pump Tr. 1.0 ea $ $ $ $ - $ - $ 1,250.00 1.0 $ 1,250.00 $ $ 1,250.00 Sub Simi-Flat Bed 1,0 ea $ $ $ $ $ - $ 85.00 10.0 $ 850.00 $ $ 850.00 2A Restore Plaza 1.0 LS $ 1,831.94 $ 2,198.33 $ 465.12 $ 618.80 $ 1,350.00 $ - $ 4,042.44 $ 4,632.25 $ 4,632.25 Pour Cement Mason 1.0 ea CM1 $ 49.05 8.0 $ 392.41 $ 392.41 $ - $ - $ $ - $ 392.41 Laborer 2.0 LB2 $ 43.86 8.0 $ 701.77 $ 701.77 $ - $ - $ $ - $ 701.77 Crew Tr. 1.0 $ - $ - $ - $ 25.50 8.0 $ 204.00 $ - $ - $ $ 204.00 Carpenter 1.0 CAR $ 49.05 8.0 $ 392.41 $ 392.41 $ - $ - $ - $ - $ 392.41 Laborer 1.0 LB1 $ 43.17 8.0 $ 345.34 $ 345.34 $ - $ - $ - $ - $ 345.34 Crew Tr. 1.0 $ - $ - $ - $ 25.50 8.0 $ 204.00 $ - $ $ - $ 204.00 Concrete 3.0 cy $ $ $ $ - 3.0 $ 150.00 $ 450.00 $ - $ - $ 450.00 Cure & Hardner 0.5 gal $ $ $ $ 0.5 $ 55.00 $ 27.50 $ - $ - $ 27.50 Winter Blankets 1.0 Is $ $ $ $ 1.0 $ 75.00 $ 75,00 $ - $ - $ 75.00 Sub Boom Pump Tr. 1.0 ea $ $ $ $ Is - $ 1,250.00 1.0 $ 1,250.00 $ $ 1,250.00 $ $ $ Is $ $ $ is - ADDITIVE TOTALS 72.0 $ 4,774.80 $ 4,774.80 56.0 $ 2,218.00 $ 552.50 $ 3,350.00 $ - $ 10,895.30 $ 10,895.30 $ 12,495.07 check total: $ 10,895.30 ave. mark-up 14.68% TOTALw/ADDITIVES 795.0 $41,582.72 $41,582.72 503.0 $15,561.00 $9,398.50 $7,500.00 $15,932.00 $ 89,974.22 $ 89,974.22 $ 102,675.09 check total: $89,974.221 ave. mark-up 14.12% C:\Users\Andy\DocumentsW Better Way\Roxy Ann RocklShakespeare FountianlBID ABW (Shakespeare Fountain).xlsx Page 3 of 3 oQ cpua8 ou 0 upuna_q o i C6 co co CITY OF ASHLAND Council Communication January 6, 2015, Business Meeting An Ordinance Amending Ashland Municipal Code Chapter 4.34, Food and Beverage Tax FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Councilor Voisin has requested that the Council consider "An Ordinance Amending Ashland Municipal Code Chapter 4.34, Food and Beverage Tax." Per AMC 2.04.030(5)(B), Councilor Voisin prepared and submitted this ordinance, thus involving no staff time in its preparation, and the ordinance was distributed to the Council more 14 days in advance of the January 6 Council meeting, as required by the Municipal Code. BACKGROUND AND POLICY IMPLICATIONS: The Council at its December 16, 2014, business meeting agreed to begin enforcing the City's Food & Beverage Tax Ordinance with vendors at the Tuesday Growers Market beginning with the Market's 2015 season. The ordinance prepared by Councilor Voisin is intended to add vendors at the Growers Market to the list of prepared food and beverage operators who are exempt from the tax. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Exempting Growers Market operators from the food and beverage tax would result in the City foregoing a relatively small amount of tax revenue. However, the exact amount is unknown. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION I move approval of first reading by title only of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Chapter 4.34, Food and Beverage Tax" and move the ordinance to second reading. ATTACHMENTS: Ordinance Page I of I r& ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 4.34 FOOD AND BEVERAGE TAX Annotated to show deletions and additions to the code sections being modified. Deletions are bold lifted thr-ou 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. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.34 FOOD AND BEVERAGE TAX, Section 4.34.030, Exemptions, are hereby amended to read as follows: Chapter 4.34 FOOD AND BEVERAGE Section 4.34.030 Exemptions The tax levied by Section 4.34.020 shall be capped, at the amount specified, or shall not be collected or assessed on food or beverages: A. Sold by public or private schools or colleges except that food sold by independent contractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Sold on hospital grounds; C. Provided by bed and breakfast establishments to their guests; D. Sold in vending machines; E. Sold in temporary restaurants including food stands, booths, street concessions and similar type operations, operated by non-profit organizations or service clubs. F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes and motels--if the food and beverage are provided as part of the cost of sleeping accommodations. G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recognized senior citizen nutritional program. H. Sold for resale to the public. L Sold in bulk to the public for non-immediate consumption off the premises including but not limited to ice cream packed in a container of one-half gallon or more. Ordinance No. Page 1 of 2 J. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen yogurt, cakes, pies or other desserts. K. Sold by an operator at a single food service event located within the city in which restaurant or catering services, (exclusive of alcohol) exceed $5000.00, in which case, the applicable food and beverage tax shall not be excused but shall be capped at two-hundred fifty dollars ($250.00). L. Sold by vendors at a Growers' Market. Definition of Growers' Market - The operation of a display space, booth or table maintained for displaying or selling _merchandise at any trade show convention, festival, fair, market, or swap meet, provided that the sponsor of the event is licensed to do business. (AMC 6.04.085.A.4), SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections No.2-4) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 2 of 2 CITY OF -ASHLAND Council Communication January 6, 2015, Business Meeting Council discussion of proper interpretation of AMC 2.04.030.13(1), Agenda Additions by Councilors FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Staff's interpretation of the Ashland Municipal Code provision that allows a Councilor to place an item on a business meeting agenda may not be aligned with how the Council wants it interpreted. When this question was raised at the December 15 study session, there was a request to schedule it for a separate discussion. AMC 2.04.030.B(1) allows a Councilor to place an item on a business meeting agenda if the Councilor does all of the preparatory work on the item. When viewed in the context of other portions of the code that deal with agenda-setting, staff has interpreted this code provision to mean "an item that would otherwise take more than two hours of staff time." The Council is asked to provide direction to staff as to whether this interpretation is correct. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Municipal Code provides several means by which a Councilor can place an item on a Council business meeting agenda. In addition, a Councilor who requests research, document preparation or other activity requiring more than two hours of staff time must bring that request to the Council in a study session for full Council concurrence that staff time should be spent on the item. The means by which a Councilor can place an item on a business meeting agenda are as follows: I. Request that an item be placed on a study session agenda for discussion and direction to staff. As a rule, any Councilor can request that almost any item be added to a study session agenda. Usually, this will be for the purpose of discussing whether the Council wants to direct staff to spend time developing an item for Council consideration at a future meeting. (AMC 2.04.030(B)(2)) 2. At any time during a business meeting, a Councilor can make a motion to add an item to the end of the agenda. Such additions, if approved by the full Council, can be for discussion and direction to staff only. At the end of any business meeting, under Other Council Business, a Councilor can make a motion to add an item to a future agenda. If approved, the City Administrator determines the agenda to which it will be added. (AMC 2.04.030(C)) 3. A Councilor can ask the Mayor to add an item to an agenda, including action items. There are no limitations on this authority (e.g., amount of staff time involved). The Mayor and only the Mayor has the discretion to add whatever items he/she chooses to any agenda. The Mayor is not obligated to honor the Councilor's request. (AMC 2.04.030(A)(3)) Page 1 of 3 ~r, CITY OF -ASHLAND 4. A Councilor can prepare an item for Council consideration, providing it does not require more than two hours of staff time, and submit it to the City Administrator by noon of the Wednesday prior to the business meeting. (AMC 2.04.030(B)(1)) When viewed in the context of the agenda-setting provisions of the AMC, staff has interpreted this last provision to mean that a Councilor can place an item on an agenda that would otherwise require more than two hours of staff time. The justification for this interpretation is as follows: 1. AMC 2.04.030.A(3) states that matters shall be placed on the agenda "that the City Administrator, City Attorney or Mayor present to the Council for action or information." Note that this authority is specifically not extended to individual Councilors. 2. AMC 2.04.030.B(2) states that a Councilor requesting Council consideration of a matter requiring more than two hours of staff time for research and document preparation shall first bring the matter to a study session for Council concurrence. 3. AMC 2.04.030.B(1) states that a Councilor can place an item on an agenda provided that preparing the matter for Council consideration would not require more than two hours of staff time. The full text of this code provision is as follows: "Any Councilor may place an item on the Council's agenda provided that preparing the matter for Council consideration would not require more than two hours of staff time, including policy research and document drafting. The Councilor shall notify the City Administrator of such an addition to the agenda 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." Given that the Code clearly states that the City Administrator, City Attorney and Mayor can, without limitation, place items on the agenda for action and further given the Code's clearly stated intent regarding the implication of staff time in research and document preparation, staff has interpreted AMC 2.04.030.B(1) as the means by which a Councilor can place an item on an agenda that would otherwise require more than two hours of staff time for research and preparation. That is, this is the means by which a Councilor can place a resolution, ordinance, MOU or other document on an agenda without first seeking Council concurrence at a study session or business meeting. Since the end of November last year, three Councilors have sent e-mails to me requesting that a Council action (basically a motion the Councilor wanted to make) be added to a business meeting agenda. In each case, the e-mail was received by noon of the Wednesday prior to the business meeting. In two of these instances, relying on the code interpretation described above, I moved the item to a study session agenda, since neither of these actions involved an item that would have otherwise taken two hours (or more) of staff time to prepare. In the third instance, the Councilor withdrew the request and pursued a different route for bringing the matter to the Council. Staff seeks direction as to whether this interpretation comports with the Council's wishes. COUNCIL GOALS SUPPORTED: N/A Page 2 of 3 M26,611 CITY OF ASHLAND FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff seeks Council direction as to whether its interpretation of AMC 2.04.030.B(1) is consistent with how it wishes to have that code section interpreted. SUGGESTED MOTION: 1. I move to direct staff to interpret AMC 2.04.030.B(1) to mean that a Councilor can place on a business meeting agenda an item that would otherwise require more than two hours of staff time. -or- 2. I move to direct staff to interpret AMC 2.04.030.B(t) to mean that a Councilor can place on a business meeting agenda any item requiring Council action, except those items requiring more than two hours of staff time. ATTACHMENTS: Ashland Municipal Code, Chapter 2.04 Page 3 of 3 ~r, ASHLAND MUNICIPAL CODE TITLE 2 ADMINISTRATION Chapters: 2.04 RULES OF CITY COUNCIL 2.08 RECORDERITREASURER 2.10 UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS AND BOARDS 2.11 MUNICIPAL AUDIT COMMISSION 2.12 CITY PLANNING COMMISSION 2.13 TRANSPORTATION COMMISSION 2.14 PLANNING HEARINGS BOARD 2.15 FOREST LANDS COMMISSION 2.16 PUBLIC RECREATION COMMISSION 2.17 PUBLIC ARTS COMMISSION 2.18 CONSERVATION COMMISSION 2.19 HOUSING AND HUMAN SERVICES COMMISSION 2.20 Repealed Ord 2783, 1996 2.22 BUILDING BOARD OF APPEALS 2.23 ASHLAND AIRPORT COMMISSION 2.24 HISTORIC COMMISSION 2.25 TREE COMMISSION 2.26 FIREWISE COMMISSION 2.27 CITIZEN INVOLVEMENT IN PLANNING 2.28 ADMINISTRATIVE AND OPERATING DEPARTMENTS 2.29 PUBLIC ART 2.30 UNIFORM ADMINISTRATIVE APPEALS PROCESS 2.31 UNIFORM VIOLATION ABATEMENT PROCESS 2.32 COUNSEL FOR INDIGENTS 2.36 INITIATIVE AND REFERENDUM 2.40 NOMINATION OF CANDIDATES FOR CITY OFFICE 2.41 VOLUNTARY CONTRIBUTION & SPENDING LIMITS FOR CANDIDATES FOR CITY OFFICES 2.42 CRIMINAL RECORD INFORMATION 2.44 POLICE DEPARTMENT--HANDLING OF PROPERTY 2.48 POLICE DEPARTMENT--SPECIAL SERVICE FEES 2.50 RULES OF PROCEDURE FOR PUBLIC CONTRACTING 2.52 Repealed by Ord 3013 2.54 Disposal of Surplus Property 2.56 CITY BAND 2.60 CIVIL DEFENSE AGENCY 2.62 EMERGENCY POWERS 2.64 CITY CEMETERIES 2.68 HISTORIC BUILDINGS AND A PUBLIC BENEFIT Page I of 99 ASHLAND MUNICIPAL CODE Chapter 2.04 RULES OF CITY COUNCIL Sections: 2.04.010 Authority 2.04.020 Meetings 2.04.030 Agendas 2.04.040 Conduct of Meetings 2.04.050 Order of Business 2.04.060 Identification of Fiscal Impact of Policy Decisions 2.04.080 Conduct with City Employees 2.04.090 Commissions and Boards 2.04.100 Council Liaisons to City Advisory Boards and Commissions 2.04. Council Representatives to State, Regional, Community and other External Organizations 2.04.115 Representation 2.04.120 Councilor Expenses Section 2.04.010 Authority A. Oregon Revised Statutes, the City Charter, and the Ashland Municipal Code govern 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. Robert's Rules of Order Newly Revised shall be the authority for deciding any questions on meeting requirements and actions not covered by the rules in AMC 2.04 or Oregon Revised Statutes. D. Failure to strictly follow the rules in AMC 2.04 or Robert's Rules of Order Newly Revised shall not be cause to void or otherwise disturb a decision or action of the Council. E. Charter provisions may be suspended or repeated only by a vote of the people. The rules on meeting procedures in Robert's Rules of Order Newly Revised and in the Ashland Municipal Code provisions listed below may be suspended temporarily upon a motion that is seconded and passed by a two-thirds vote in favor. Such a motion is not debatable or amendable. 1. AMC 2.04.020A (Regular Meeting days and times) 2. AMC 2.04.020C (Study Session days, times, and content) 3. AMC 2.04.04013 (Attendance by electronic communication) 4. AMC 2.04.040C.4 (Parliamentary procedure) 5. AMC 2.04.050D.I (Placement of Public Forum in agenda) 6. AMC 2.04.050D.4 (Rules on requests to speak at Public Forum) 7. AMC 2.04.050F.3 (Rules on requests to speak at Public Hearings) 8. AMC 2.04.050G.I (Opportunity for public comment on agenda items) 9. AMC 2.04.050J. I (Submittal of ordinances 14 days in advance of meeting) F. The City Attorney is designated as parliamentarian for the Council. Council members' requests for information and on meeting requirements or possible Council actions may be referred to the City Attorney through the presiding officer for interpretation. After taking into account any opinion of the Page 2 of 99 ASHLAND MUNICIPAL CODE City Attorney, the presiding officer must rule on questions about meeting requirements or possible Council actions. A ruling of the presiding officer maybe challenged by a point of order asset forth in AMC 2.04.040C4.b.(1). (Ord 2947, Amended, 12/18/2007; Ord 3100, 2014) 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 Meetings 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 72 hours in advance of the time of the meeting, except in the case of an emergency, and the Council may consider and act only upon such matters as contained in the notice. C. Study Sessions 1. Study sessions are for Council members to receive background information and recommendations from staff or invitees with expertise on City business; to ask questions, discuss options, express their individual views on matters that may be voted on in subsequent Regular or Special Meetings; and to provide guidance to staff. The Council may vote in Study Sessions on guidance to staff concerning matters to be presented to Council for decision at subsequent meetings. By consensus, the Council also may direct staff to take action on other matters that do not require Council decision by ordinance or resolution. No particular cases involving quasi-judicial decisions may be discussed at Study Sessions. 2. Each study session shall include up to a total of 15 minutes for public forum, in which persons may speak about any topic on the agenda for that study session. Persons wishing to speak during public forum are to submit a "speaker request form" to the City Recorder. 3. Study sessions shall begin at 5:30 p.m. on the day before each Regular meeting unless otherwise arranged, but shall not be held on national holidays. The Mayor or two Councilors may call a Study Session at any time with 72-hours advance notice. D. 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, 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. At any time during an executive session, a Councilor who feels a matter under consideration should be addressed exclusively in open session may state a point of order, which shall be ruled upon in the executive session as set forth in AMC 2.04.040C.4.b.(1). 2. Notice of executive sessions shall be given as required by State law and such notice must state the specific provision of law authorizing the session. The Mayor and City Councilors will act in accordance with State law regarding confidentiality of information discussed in Executive Sessions. 3. At the commencement of each executive session, the presiding officer must state on the record that executive session information is confidential and may not be reported. The proceedings may be Page 3 of 99 ASHLAND MUNICIPAL CODE reported if no such statement is made. E. Emergency Meetings The City Administrator is responsible for implementation of the Emergency Management Plan. When the City Administrator determines that a state of emergency exists, the administrator will make a declaration to that effect and request the Mayor to call an emergency meeting of the Council in order to ratify the declaration of emergency. The emergency meeting of the Council will occur as soon as possible after the declaration of emergency. A quorum of the Council may not be possible due to emergency circumstances and is not required for this emergency meeting. Notwithstanding the advance notice requirements in Section 2.04.020B, D and F, notice of the emergency meeting can be made in the most expedient manner determined by the Mayor and need not be 72 hours in advance, but notice of the emergency Special Meeting must be given at least 24-hour in advance if feasible. In any case, minutes of any emergency meeting must meet the requirements of ORS 192.640(3) and 192.650. F. Notice of Meetings Advance notice of at least 72 hours shall be provided for all meetings, except for emergency meetings. Notice shall be sent to a newspaper with general local circulation and posted prominently on the City's website. In the case of an emergency or when a state of emergency has been declared, public notice appropriate to the circumstances shall be provided and reasons justifying the lack of 72-hour notice shall be included in the minutes of such meeting. (Ord 2947, Amended, 12/18/2007; Ord 3100, 2014) Section 2.04.030 Agendas The City Administrator is responsible for the preparation of the Council agenda. A. Agenda Guidelines for Regular Meetings. 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 Council vote. 2. 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 or information. 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. Agenda Additions by Councilors 1. Any Councilor may place an item on the Council's agenda provided that preparing the matter for Council consideration would not require more than two hours of staff time, including policy research and document drafting. The Councilor shall notify the City Administrator of such an addition to the agenda 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. 2. A Councilor who wants to add to the Council's agenda an item requiring more than two hours of preparation by staff, including policy research and document drafting, should first propose the addition at a Regular Meeting under Other Business from Council members or at a Study Session. Page 4 of 99 ASHLAND MUNICIPAL CODE The Council should consider such additions to the Council agenda in light of City priorities, including adopted City Council Goals, 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. C. During a meeting. A topic may be added to the agenda by a majority vote of the Councilors 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. D. 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. 2. 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. If 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 scheduled Regular Meeting or Study Session; re-advertisement 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 continued to the next scheduled Regular Meeting or Study Session of the Council. AMC 20.40.030.E." E. Council Packets. 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. F. 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. G. Time Limits. 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. (Ord 3002, amended, 02/08/2010; Ord 2947, Amended, 12/18/2007; Ord 3100, 2014) Section 2.04.040 Conduct of Meetings A. Quorum As provided in Article VIII, Section 4 of the City Charter, four Councilors, or the Mayor and not less than three Councilors constitute a quorum. If the Council members present do not constitute a quorum, the members present may adjourn or a majority of the members in attendance may direct staff to notify the absent members, except those known to be unavoidably detained, that their presence is required to enable the Council to proceed with business. Page 5 of 99 ASHLAND MUNICIPAL CODE B. Attendance by Electronic Communication Except in the event of a suspension of rules pursuant to AMC 2.04.010E, members of the City Council may not attend or vote at public meetings by means of telephone or other electronic communication. The rules on meeting procedures and Council actions shall otherwise remain in effect notwithstanding any such suspension of rules to allow for attendance by electronic communication. C. Council Deliberation 1. Presiding Officer. The Mayor, or in the Mayor's absence, the Chair of the Council, shall 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-Tem to serve temporarily as presiding officer and proceed with the meeting. The presiding officer may not vote on appeals from decisions made while acting as presiding officer. The Chair of the Council or Chair Pro-Tem may vote on all other motions, but the Mayor may vote only as provided in City Charter Article 4, Section 3. 2. Deliberation Rules. The presiding officer shall ensure that each Council member has the opportunity to speak on each issue before the Council. Councilors must ask the presiding officer to be recognized. Unless otherwise permitted by the presiding officer, no member may speak more than once on an issue and may do so only after every other member has spoken on or declined to address the issue. Time limits may be set on topics by the presiding officer or by a consensus of the Council. Council members, as well as members of the public speaking on Council agenda items, shall confine their remarks to the question under deliberation, avoid redundancy, speak only for themselves, and make no negative personal remarks or comments about the motives or personal traits of others. 3. Decorum. The presiding officer shall be responsible for ensuring order and decorum is maintained. Except by permission of the presiding officer, a Councilor shall address any remarks to the Council, and not to the audience. Any person's failure to abide by the presiding officer's instructions constitutes "disruption of a lawful assembly" as provided in ORS 166.025(1)(c) and may be cause for the presiding officer, or a majority of the Councilors, to direct a city official to remove the person from a Council meeting. Disruptive behavior includes engaging in violent, intimidating or distracting actions or gestures, making loud or disruptive noise, using loud or disruptive profane language, making negative personal remarks or comments about the motives or personal traits of others, and refusing to obey an order of the presiding officer. Signs are not permitted and will be considered disruptive. A direction or order of the presiding officer may be challenged by a point of order as set forth in AMC 2.04.040C.4.b.(1). 4. Motions and Permissible Intervening Actions. a. Councilor Actions during Debate. No motion or intervening 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, request for information, or objection to consideration of a matter (2) Motion to adjourn (3) Withdrawal of a motion (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 (8) Motion to postpone to a certain time (9) Motion to postpone indefinitely Page 6 of 99 ASHLAND MUNICIPAL CODE (10) Motion to amend b. Permissible Intervening Actions While a Speaker Has the Floor. (1) Point of Order. Any member may interrupt a speaker who has the floor to raise a point of order if meeting protocol appears to have been broken. The point of order must be addressed to the presiding officer and may not be addressed directly to the speaker. The speaker must immediately cease speaking, and the issue identified in the point of order must be resolved 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 point of order from its maker, from the speaker who had the floor when it was made, or from the Parliamentarian. Before proceeding further, the presiding officer must sustain or overrule the point of order or submit it to Council decision by majority vote 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 a ruling by the presiding officer to overturn it. The motion to overturn a ruling on a point of order may not be debated, and the presiding officer may not vote on it. Approval of the motion requires a majority of affirmative votes; the motion fails in the event of a tie vote. (2) Request for Information. Any member may interrupt a speaker who has the floor to seek permission to make a request for information from the speaker or from staff or invitees with expertise on the subject under discussion. The request must be addressed to the presiding officer and may not be addressed directly to the speaker. The speaker must discontinue speaking until the request for information has been denied or satisfied. No second is required, and no colloquy is allowed on the request for information, except to the extent specifically set forth herein. The information sought must concern either the subject under discussion or meeting procedure rules. The presiding officer may ask the requestor for a statement of the nature of the information sought. Neither a request for information nor a statement of the nature of the information sought may 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 temporarily relinquish the floor to allow the requested information to be provided. An objection to apparently superfluous requests for information may be made through a point of order. (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 yet begun 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 vote on sustaining the objection must betaken. The objection fails unless at least two-thirds of the Councilors present vote to sustain it. c. Main Motion. A main motion is a proposed action that brings 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 requires a second, is amendable and debatable, and passes upon a majority vote in favor. d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the remaining unfinished business to the agenda of the next Regular Meeting or Study Session. It requires a Page 7 of 99 ASHLAND MUNICIPAL CODE second, is not debatable or amendable, and passes upon a majority vote in favor. e. Withdrawal. A motion may be withdrawn by the mover at any time before an amendment is made to it or, if no amendment is made, before a vote is taken on it. Withdrawal of a motion does not require a second, and debate of a proffered withdrawal is not allowed. f. Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a proposal to suspend consideration of a main motion and all pending related motions until later in the same meeting in order to deal with another matter that has come up unexpectedly and which must be dealt with before the pending motion can be properly addressed. A motion to lay a matter on the table requires a second, is not amendable or debatable, and passes upon a majority vote. Before the meeting adjourns, a subsequent non-amendable, non-debatable motion may take the matter from the table if seconded and passed by a majority vote in favor. If the meeting adjourns without considering the tabled item, it will be continued to the next Regular Meeting or Study Session in accordance with AMC 20.04.030E. g. 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 debated, possibly subjected to secondary motions, and voted upon before taking up the next part. The mover may designate 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 majority vote in favor. h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or another body for further study and possible recommendations to the Council. The motion requires a second, is debatable and amendable, and passes upon a majority vote in favor. Any proposed amendments to a main motion on the referred matter that are pending at the time are also referred. i. Previous Question. A motion to call the previous question is a proposal to end debate on a pending motion. It precludes all amendments and debate on the pending motion until it is decided. The motion to call the previous question is not debatable or amendable and requires a second and a two-thirds vote in favor. j. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a particular future meeting, requires a second, is debatable and amendable, and passes upon a majority vote in favor. One function of this motion can be to continue consideration of an agenda item at a designated subsequent meeting. k. Postpone indefinitely. A successful motion to postpone a matter indefinitely prevents action on the matter for the rest of the meeting. It must be seconded, may be debated, may not be amended, and passes upon a majority vote in favor. The debate may address the substance of the main motion. A successful motion to postpone a matter indefinitely does not preclude consideration of the matter at a subsequent meeting if it is properly added to the respective agenda. 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 germane, must be seconded, and is debatable if the motion to be amended is debatable. The amendment passes upon a majority vote in favor. Other amendments may also be proposed, provided that they do not nullify the amendments already passed or attempt to amend a motion to amend a motion to amend. 5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by the presiding Page 8 of 99 ASHLAND MUNICIPAL CODE officer or the City Recorder. 6. Votinu a. When a question or motion is put to a vote by the presiding officer, each Councilor present must vote for or against the motion unless a majority of the Council excuses that Councilor from so doing. Unless excused from voting, a Councilor who is present and does not vote for or against the motion shall be counted as having cast a negative vote. The Mayor can only vote in the case of a tie, and then is required to vote unless excused from voting by a majority of the Councilors present. If the Mayor fails to vote when required to do, the Mayor shall be counted as having cast a vote against the motion. b. A simple majority of the quorum present determines the action on ordinance, or resolution and on most motions. On questions required by City Charter, City Ordinances, or applicable provisions of Robert's Rules of Order Newly Revised to be decided by a two-thirds vote of the Council, approval requires an affirmative vote of at least four Councilors. 7. Reconsideration. A member who voted in favor of any Council action may move for reconsideration before adjournment of the meeting at which the action was approved or at the next Regular Meeting, unless the item already has been approved or vetoed by the Mayor pursuant to City Charter Article 4, Section 3. The motion must be seconded, is debatable if the action under reconsideration is debatable, is not amendable, and passes upon a majority vote in favor. Any member may second a motion for reconsideration. A motion to reconsider a Council action may be made only once. A vetoed item may not be the subject of a motion for reconsideration. (Ord 2947, Amended, 12/18/2007; Ord 2902, Amended, 11/18/2003; Ord 3100, 2014) Section 2.04.050 Order of Business The Mayor's State of the City address shall occur in January of each year. The Mayor or presiding officer may change the order of business on the agenda. The usual order of business will be as follows: A. Roll Call B. Approval of minutes of the previous meeting. If there 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. Public Forum 1. Public forum is to precede the consent agenda unless public forum is moved to later in the agenda of a particular meeting by decision of the Mayor or presiding officer or by temporary suspension of the rules pursuant to Section 2.040.010E. 2. Members of the public may speak during public forum about any topic not on the agenda for the same meeting. The agenda for public forum is 15 minutes, unless a majority of the Council votes to extend the time. On behalf of the City, any Councilor may request that any matter discussed during public forum be placed on a future Council agenda. Page 9 of 99 ASHLAND MUNICIPAL CODE 3. Public forum is not to be used to provide or gather additional testimony or information on a quasi-judicial matter. Public testimony will not be accepted on a matter subject to a public hearing where the record has been closed if the matter is still pending. 4. Persons wishing to speak 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. When possible and feasible, preference will be given the individuals who reside within the city limits of Ashland. 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. E. 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. F. Public Hearings 1. 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) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda. 2. 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. 3. 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. G. Public Testimony on Agenda Items. 1. Members of the public who wish to speak on an agenda item that is not the subject of a public hearing at the same meeting (See Section F. above regarding public hearing testimony) may do so at the time set aside for that agenda item. If a member of the public or a Council member has requested time to speak on a consent agenda item, the presiding officer shall make time for a brief presentation by the requestor prior to the Council's vote on the consent agenda. 2. Persons wishing to speak on an agenda item are to submit a "speaker request form" prior to Council consideration of the agenda item 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. 3. The presiding officer will set time limits for people who ask to speak on agenda items. In general the time limits should beset to enable all people who wish to present testimony. Time limits shall not be so short as to not allow speakers to address their topics. H. Unfinished business. 1. New business. Page 10 of 99 ASHLAND MUNICIPAL CODE J. Ordinances, resolutions and contracts. 1. 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. Lengthy ordinances may be read by title only at Council meetings if the Ordinance title has been published in the local paper at least seven days in advance of the Council meeting. 2. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not require a roll-call vote. 3. 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. K. Other business from Council members. (Ord 2947, Amended, 12/18/2007' Ord 3100, 2014) 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 term "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 of, or necessitated by, public emergencies. (Ord 2947, Amended, 12/18/2007; Ord 3100, 2014) Section 2.04.080 Conduct with City Employees 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. Page 11 of 99 ASHLAND MUNICIPAL CODE C. Individual Councilors should respect the separation between policy-making and administration. Councilors 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. Councilors 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. (Ord 2947, Amended, 12/18/2007; Ord 3100, 2014) 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. Establishment and description of the Recreation Commission, which is not an appointed commission, is described in City Charter Article XXII and in AMC 2.16. Appointed advisory commissions and boards and other advisory bodies which are permanent shall be described in other sections of AMC Chapter 2 and designated as "Regular" boards, commissions, or advisory bodies. These shall include but not be limited to Forest Lands Commission, Planning Commission, Transportation Commission, Planning Hearings Board, Public Arts Commission, Conservation Commission, Ashland Airport Commission, Housing and Human Services Commission, Historic Commission, Tree Commission, and the Municipal Audit Commission. AMC 2.10 contains code applicable to Regular and ad hoc commissions, boards, task forces and other advisory bodies. B. Ad-hoc Committees 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 shall abide by uniform rules and procedures set forth in AMC 2.10 and such other rules as prescribed by the order establishing such ad hoc entities. Committees shall make recommendations by way of a formal report to the City Council. The Mayor or City Administrator may refer matters to the appropriate ad hoc committee. The Mayor with the consent of the Council shall appoint the membership of such committees. Members of Regular Boards and Commissions may be appointed to ad hoc committees. 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 take any other action it sees fit. The Council by majority vote may remove a member of an ad hoc committee at anytime, with or without cause. The City Council by majority vote may amend or dissolve an ad hoc committee. C. Regular Commission and Board Membership Appointments Except for the Municipal Audit Commission (AMC 2.11) all Regular advisory committees and boards not required by state 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 Mayor's 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 terms of appointees, such as in the case of a new commission or board. The Mayor shall Page 12 of 99 ASHLAND MUNICIPAL CODE 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 two (2) full terms 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. E. Student Membership on Regular Commissions 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. Student Liaisons need not be appointed to every advisory commission or board. F. Regular Membership Removal Process 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 in ORS 227.030 and removal of any member of the Recreation Commission or the Planning Commission is not subject to this section. Hearings under ORS 227.030 are hereby delegated by the governing body to the City Administrator or Hearings Officer in accordance with the AMC 2.30, the Uniform Administrative Appeals Ordinance. G. Changing or Dissolving a Regular Commission, Committee or Board After any Regular commission, board or other advisory body has been formed and codified, any change or dissolution requires an ordinance amending the Municipal Code. (Ord 3002, amended, 02/18/2010; Ord 2947, Amended, 12/18/2007; Ord 3100, 2014) Section 2.04.100 Council Liaisons to City Advisory Boards and Commissions A. Role and Responsibilities of Council Liaisons. 1. 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 the City's Regular and ad hoc advisory bodies and are expected to represent the full City Council objectively and accurately in interacting with such entities. Page 13 of 99 ASHLAND MUNICIPAL CODE 3. City Councilors may attend meetings of the City's Regular and ad hoc advisory bodies 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. Liaisons should attend Regular meetings of the Regular and ad hoc advisory bodies to which they have been assigned as time permits and should make special efforts to attend meetings in response to specific requests to participate in discussions on topics the Council may need to be aware of or provide input on. In the event a liaison has difficulty attending, the liaison should find an alternate to attend or review the video or other record of the proceeding. In the event of a continuing scheduling conflict, the Liaison should ask the Mayor to be reassigned. Liaisons shall 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 of opinion. 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 advisory bodies should not attempt to direct debate, lobby, or otherwise influence the direction or decisions of any advisory bodies to which have 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 H 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 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 F. Advice on Filling Vacancies. The Council Liaison for each advisory body, together with the advisory body chair and assigned staff liaison will make recommendations to the Mayor for appointment of citizens to fill vacancies on their respective advisory bodies. G. Liaison Appointment Process and Term. The Mayor will appoint Councilors to act as Council Liaisons to each and every Regular advisory commission or board. 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 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 a specific appointment. H. Removal from a Liaison Assi ng ment. 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. (Ord 3002, amended, 02/18/2010; Ord 3100, 2014) Page 14 of 99 ASHLAND MUNICIPAL CODE Section 2.04.110 Council Representatives to State, Regional, Community and other 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 Representatives will follow the bylaws and guidelines for service of the organization to which they have been appointed. 2. The 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. In their work as City Representatives, City Councilors are expected to represent the full City Council accurately and objectively and to depict the position of other Councilors accurately and objectively. If the Council has an approved position on a matter under discussion, the Representative shall articulate and, if called upon, vote in favor of that position. If the City 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 Representative should request that the item be placed on a City Council agenda in accordance with AMC 2.04.030 for full City Council action. If the Council has not approved an official position and has not had the opportunity to confer with the City Representative on a matter under deliberation in the subject external organization, the Representative shall make a good-faith effort to reflect what the Representative believes the full Council's position would be if the Council were to consider the matter, regardless of the Representative's personal views, and shall report to the Council on the matter discussed in the external organization at the next feasible opportunity thereafter. Conduct contrary to the guidelines in this subsection 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 unless such action would not be in the best interest of the City of Ashland. 5. If the City Representative has an actual or potential personal conflict of interest, as defined in Oregon Ethics Law, the Representative must fully comply with the applicable requirements of Oregon Ethics Law and City ethics ordinances. 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 Page 15 of 99 ASHLAND MUNICIPAL CODE assigned. Council members may also request that representatives of these organizations may be invited to give a short annual presentation to the Council. D. City Representative Appointment Process and Term. 1. 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 a 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. (Ord 3002, amended, 02/18/2010; Ord 2947, Amended, 12/18/2007; Ord 3100, 2014) Section 2.04.115 Representations A Council member is free to express personal views on any issue in any forum as long as any statements he or she makes about the positions of the full City Council and the positions of other individual Council members are accurate and objective. Upon two-thirds vote of the entire Council, a Council member may be censured for noncompliance with this requirement. (Ord 3100, 2014) Section 2.04.120 Councilor Expense 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. Ord 2947, amended, 12/18/2007; Ord 3100, 2014) Page 16 of 99 ASHLAND MUNICIPAL CODE Chapter 2.08 RECORDER/TREASURER Sections: 2.08.010 Duties - Generally 2.08.020 Duties - Designated. 2.08.030 Other officers 2.08.040 Substitute - Appointment Section 2.08.010 Duties - Generally The duties of the City Recorder/Treasurer include those imposed by State law, the City Charter and City ordinances. (Ord. 1705 S2, 1971) Section 2.08.020 Duties - Designated It shall be the duty of the City Recorder/Treasurer to perform the following tasks: A. Act as clerk of the Council, record and transcribe proceedings of the City Council, and sign and record ordinances and resolutions; B. Act as custodian of all City ordinances, resolutions, Council minutes, deeds, contracts, judgments, promissory notes and the City seal; C. Certify property tax levies and delinquent assessments to the County; receive property taxes paid over by the County; D. Act as custodian of all City monies and securities; E. Prepare, issue and record all cemetery deeds; F. Conduct City elections in cooperation with the Jackson County officials responsible for conducting elections; G. Maintain daily and monthly bank account balances; H. Redeem bonds, coupons and warrants, maintain bond registers; 1. Secure signed Bancroft bonding applications; J. Record and bank monies received by the City; K. Issue checks and warrants necessary to pay valid claims on the City treasury; L. Maintain docket of City liens and prepare lien reports as required; M. Purchase investment securities in cooperation with the Director of Finance; N. Maintain docket of City liens and prepare lien reports as requested; 0. Maintain docket of water and sewer connect fees; P. Allocate property tax receipts; Q. Maintain warrant register; R. Maintain file of legal notices; S. Keep Charter available to public, with updated boundaries; and T. Maintain public relations between citizens and the City. (Ord. 1705 S3, 1971) Section 2.08.030 Other officers The City Recorder/Treasurer shall work with the Mayor, Council, City Administrator, and Director of Finance. (Ord. 1705 S4, 1971) Section 2.08.040 Substitute - Appointment The Mayor shall appoint a Clerk of the Council pro tem to serve during a temporary absence of the City Page 17 of 99 ASHLAND MUNICIPAL CODE Recorder/Treasurer. (Ord. 1705 S5, 1971) Page 18 of 99 ASHLAND MUNICIPAL CODE Chapter 2.10 UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS AND BOARDS Sections: 2.10.005 Purpose 2.10.010 Created or Established 2.10.015 Appointment 2.10.020 Terms, Term Limits and-Vacancies 2.10.025 Meetings and Attendance 2.10.030 Removal 2.10.035 Public Meeting Law 2.10.040 Quorum and Effect of Lack Thereof 2.10.045 Council Liaison 2.10.050 Election of Officers, Secretary, and Subcommittees 2.10.055 Role of Staff 2.10.060 Agendas and Minutes 2.10.065 Goals 2.10.070 Rules and Regulations 2.10.080 Code of Ethics 2.10.090 Council as Final Decision Maker 2.10.095 Gifts 2.10.100 Budget, Compensation and Expenses 2.10.105 Reports 2.10.110 Lobbying and Representing the City 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 rules do not apply to the elected Parks and Recreation Commission. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.010 Created or Established See individual Commission or Board Code Chapters codified between AMC 2.11 and AMC 2.25. (Ord 3003, added, 02/18/2010) Section 2.10.015 Appointment See AMC 2.04.090.C. (Ord 3003, added, 02/18/2010) 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 and except for certain members of the Municipal Audit Commission, as provided in AMC 2.11.015. Notwithstanding the three year limitation, Planning Page 19 of 99 ASHLAND MUNICIPAL CODE Commissioners shall serve for terms of four (4) years with terms expiring on April 30 of the fourth year, and Budget Committee members not on City Council shall serve for terms of four (4) years, with terms expiring on June 30 the fourth year. All other 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 two (2) 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 reappointment. Any vacancy shall be filled by appointment by the Mayor, with confirmation by the City Council, for any unexpired portion of the term as provided in AMC 2.04.090C. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.025 Meetings and Attendance A. 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. B. The Planning Commission and Budget Committee shall set their own meeting attendance requirements. All members of other Regular or ad hoc advisory bodies must attend at least seventy-five percent (75%) of the full advisory body's noticed meetings, study sessions and special meetings in each full year of their tenure. A person removed from the advisory body for non-compliance with attendance requirements subsequently may be appointed to fill the vacancy on the advisory body by means of the normal appointment process of that advisory body. C. A member should provide at least 48-hour notice to both the chair of the advisory body and the staff liaison regarding any planned absence from a scheduled meeting of the advisory body. In the event an unexpected emergency will cause a member to be absent from the meeting, the member must, if possible, notify the chair or the staff liaison within a reasonable time in advance of the meeting. D. Generally, advisory bodies may not allow alternates to represent or stand in for a member at a meeting. Notwithstanding the foregoing preclusion of alternates, on Regular and ad hoc advisory bodies with some members who are appointed by an entity other than the Mayor and City Council and who serve as a representative of the appointing entity, an alternate may participate and vote for the named member by proxy at any meeting of the advisory body. Such participation by the alternate will be deemed to be attendance by the named member. Individuals directly appointed by the Mayor and approved by the Council may not be represented by alternates. E. Each advisory body should review member and report to the City Recorder approximately every six months. City Recorder will advise the Mayor on the need for appointments or re-appointments, if necessary. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.030 Removal See AMC 2.04.090.F. (Ord 3003, added, 02/18/2010) Section 2.10.035 Public Meeting Law All meetings of advisory commissions and boards are subject to strict compliance with public meeting laws of the State of Oregon. Notwithstanding notice requirements under Oregon law, advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a newspaper with general local circulation and posted on the city's website. In the case of emergency or when a state of emergency has been declared, notice appropriate to the circumstances shall be provided and reasons justifying the lack of Page 20 of 99 ASHLAND MUNICIPAL CODE 36-hour notice shall be included in the minutes of such meeting. (Ord 3003, added, 02/18/2010) 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 quorum. Members need not be physically present at a meeting if another means of attendance (e.g. telephonic, internet 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 any 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, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. (Ord 3050, amended, 11/18/2011; Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.045 Council Liaison See AMC 2.04.100. (Ord 3003, added, 02/18/2010) Section 2.10.050 Election of Officers, Secretary, and Subcommittees At its first meeting following the appointment or reappointment of members each year, 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 officer for more than 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 staff liaison. Subcommittees may be formed for the purpose of gathering information and forming a recommendation to be brought forward to the full advisory body. Only the full body can make recommendations to the City Council. Subcommittees must comply fully with the requirements of Oregon Public Meetings law. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.055 Role of Staff At least one staff person is assigned to work with each advisory commission or board. The staff liaison provides professional guidance, continuity, and insight into City policy and attends all regular and special meetings and workshops. The staff liaison supports the group as a whole and shall not do work at the request of individual members. Each staff liaison has a limited amount of time to devote to the group. If additional staff time is needed the request should be made to the City Administrator or appropriate Department Head. (Ord 3003, added, 02/18/2010) Section 2.10.060 Agendas and Minutes The chair or staff liaison will be responsible for timely preparation and posting in advance the agendas of all meetings of advisory commissions and boards on the City's website. A member or staff liaison will be responsible for taking minutes and getting them posted on the City's website, generally within a few days after the minutes have been approved. 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 should be given the opportunity to report to the commission or board periodically. Page 21 of 99 ASHLAND MUNICIPAL CODE (Ord 3003, added, 02/18/2010; Ord 3100, 2014) 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. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.070 Rules and Regulations The advisory commission or board may make such rules and regulations as are necessary for its governance, 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 meeting procedure rules in AMC 2.04.40. In the event of conflicts that cannot be resolved less formally, AMC 2.04.040 shall be used as the standard for meeting rules and procedures. Failure to strictly comply with the rules on meeting 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. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.080 Code of Ethics The City of Ashland is committed to the highest ethical standards for its public officials. To ensure public confidence, all members of advisory commissions and boards must be independent, impartial, responsible and not use their position for personal gain or to benefit or harm others. Advisory commissions and boards shall operate in the general public interest serving the community as a whole and shall serve no special interests. Advisory commission and board members shall not endorse in their official capacity any commercial product or enterprise. Members should be aware the criminal codes, ethics and conflict of interest laws set forth in state statutes and city ordinances, including but not limited to the State of Oregon Criminal Code, ORS 244 and in AMC Chapter 3.08. (Ord 3003, added, 02/18/2010) Section 2.10.090 Council as Final Decision Maker With the exception of certain delegated quasi-judicial actions, most advisory commissions and boards do not make final decisions subject to appeal but rather make recommendations to, or act in an advisory capacity to the council. The City Council is the final decision-maker on all city policies and the use of city resources. Proposals by boards and commissions for endorsement or sponsorship of events, activities or programs must receive approval by City Council as provided by Resolution. (ORD 3057, amended, 04/03/2012) Section 2.10.095 Gifts Subject to the acceptance of the City Council, an advisory body may receive gifts, bequests or devises of property in the name of the City to carry out any of the purposes of the advisory commission or board, which funds, if required by the terms of the gift, bequest or devise, shall be segregated from other funds for use with the approval of the City Council. (Ord 3003, added, 02/18/2010) Section 2.10.100 Budget, Compensation and Expenses Money is set aside in department budgets for Commission and Board expenses. Should an advisory body require additional funds, requests should be submitted to the department head through the staff liaison. Page 22 of 99 ASHLAND MUNICIPAL CODE Regular members of the advisory commissions and boards shall receive no compensation for services rendered. Members must receive permission and instructions from the staff liaison in order to be reimbursed for training or conferences and associated travel expenses related to official business. Procedures and criteria for boards and commissions to obtain approval of expenditures are established by Resolution. (ORD 3057, amended, 04/03/2012; Ord 3003, added, 02/18/2010) Section 2.10.105 Reports A. Each advisory body shall submit copies of its meeting minutes to the City Recorder for presentation to the City Council. B. The chair of each advisory body is expected to give at least one report to the City Council each year on the advisory body's accomplishments, work in progress, and planned activities. In addition, the Mayor or City Council may from time to time ask chairs for information and recommendations on matters within the scope of their advisory bodies. Chairs' reports to the Council are to be objective and representative of the majority views of the memberships of their advisory bodies. C. Council Liaisons may report to the entire Council on significant and important activities of any advisory body to which they have been assigned. D. Staff Liaisons to the advisory bodies may assist in preparing such reports. E. Unless otherwise expressly provided 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 City Council. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.10.110 Lobbying and Representing the City An individual advisory body member is free to express personal views on any issue in any forum as long as the individual makes clear that he or she is not speaking as a member of the advisory body and that the views expressed are personal and do not represent the position of the City or of the City advisory body. Advisory body members are prohibited from engaging in political activity in accordance with ORS 260.432. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Page 23 of 99 ASHLAND MUNICIPAL CODE Chapter 2.11 MUNICIPAL AUDIT COMMISSION Sections: 2.11.005 Purpose 2.11.010 Municipal Audit Commission Established 2.11.015 Modified Terms and Qualifications 2.11.020 Duties and Responsibilities Section 2.11.005 Purpose The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 91-16 and have been amended by Resolution several times. The City Council desires to codify herein the establishment of the Municipal Audit Commission, (formerly known as Municipal Audit Committee). (Ord 3003, added, 02/18/2010) Section 2.11.010 Municipal Audit Commission Established The Municipal Audit Commission is established and shall consist of four (4) voting members. Notwithstanding any other provision of the Ashland Municipal Code, four voting members shall be appointed by the city council and shall consist of the Mayor or a Councilor, one Budget Committee member, and two citizens at large. The City Recorder shall be an ex-officio non-voting member. (Ord 3003, added, 02/18/2010) Section 2.11.015 Modified Terms and Qualifications A. Terms. Notwithstanding any other provision of the Ashland Municipal Code, the terms of the Mayor or Council or City Recorder and Liaison Budget Committee member shall be for one year, each expiring on December 31 each year. All other terms shall be as provided in AMC 2.10.020. B. Qualifications. In making the citizen at large appointments, the council shall give preference to persons with accounting or auditing experience, background or expertise. (Ord 3003, added, 02/18/2010; Ord 3100, 2014) Section 2.11.020 Duties and Responsibilities The Municipal Audit Commission shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. B. Analyze and report to the council significant findings in the annual audit report and make recommendations regarding such findings. C. Make recommendations, if any, to the council regarding the following financial documents: 1. Annual financial statements, 2. Management letter submitted by the independent auditor, and 3. Response to management letter submitted by city staff. Page 24 of 99 ASHLAND MUNICIPAL CODE Chapter 2.12 CITY PLANNING COMMISSION Sections: 2.12.010 Established Membership 2.12.020 Repealed by Ord 1833, 1974 2.12.030 Repealed by Ord 3003, 2010 2.12.035 Repealed by Ord 3003, 2010 2.12.040 Repealed by Ord 3003, 2010 2.12.050 Repealed by Ord 3003, 2010 2.12.070 Repealed by Ord 1833, 1974 2.12.080 Repealed by Ord 3003, 2010 2.12.060 Powers and Duties Generally Section 2.12.010 Established Membership There is established a City Planning commission consisting of seven (7) members, to be appointed by the Mayor and confirmed by the City Council, to serve without compensation, not more than one (1) of whom may reside within three (3) miles outside the City limits. Appointments shall conform to the legal constraints of ORS 227.030. (Ord 3056, amended, 12/21/2011; Ord 3003, amended, 02/18/2010; Ord 2950, amended, 04/01/2008) Section 2.12.060 Powers and Duties Generally A. The Planning Commission is the appointed citizen body with the primary responsibility of providing recommendations to the Mayor and City Council regarding the overall direction of land use planning. The Commission reviews and makes recommendations regarding comprehensive land use planning and fosters mutual communication on land use issues. The Commission is responsible to the City Council for making recommendations on land use plans and policies that are coordinated with other City plans, policies, and functions. B. The Planning Commission shall have the powers and duties to: 1. Periodically review the Comprehensive Plan and make recommendations to the City Council on public processes, studies, and potential revisions to the Plan. Work in conjunction with other City citizen advisory commissions, boards, and committees to ensure coordination of various elements of the Comprehensive Plan. 2. Render quasi-judicial decisions on land use applications and appeals of administrative land use decisions as prescribed by the Ashland Code and Oregon state law. 3. Conduct public hearings and make recommendations to the City Council on planning issues and legislative changes to land use regulations and ordinances. 4. When needed to implement City goals and policies, meet with other planning bodies in the region on issues that affect City land use planning. Make recommendations to the City Council on regional land use issues in general. 5. Foster public awareness and involvement in all aspects of land use planning in the community. C. Except as otherwise set forth by the City Council, the Planning Commission may exercise any or all of the powers and duties enumerated in ORS 227.090 et. seq., as well as such additional powers and duties as are set forth herein. (Ord 3003, amended, 02/18/2010; Ord 2950, amended, 04/01/2008) Page 26 of 99 ASHLAND MUNICIPAL CODE Chapter 2.13 TRANSPORTATION COMMISSION Sections: 2.13.010 Purpose and Mission 2.13.020 Established Membership 2.13.030 Powers and Duties, Generally 2.13.040 Powers and Duties, Specifically 2.13.050 Traffic Sub-Committee Section 2.13.010 Purpose and Mission A. Role. The Transportation Commission advises the City Council on transportation related issues specifically as they relate to safety, planning, funding and advocacy for bicycles, transit, parking, pedestrian and all other modes of transportation. B. Mission. The need for a Transportation Commission is emphasized in the Transportation Element: "Ashland has a vision - to retain our small-town character even while we grow. To achieve this vision, we must proactively plan for a transportation system that is integrated into the community and enhances Ashland's livability, character and natural environment....The focus must be on people being able to move easily through the city in all modes of travel. Modal equity then is more than just a phase. It is a planning concept that does not necessarily imply equal financial commitment or equal percentage use of each mode, but rather ensures that we will have the opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move toward a less auto-dependent community." (Ord 3003, amended, 02/18/2010; Ord 2975, added, 11/18/2008) Section 2.13.020 Established Membership A. Voting Members. The Transportation Commission is established and shall consist of seven (7) voting members as designated by the Mayor and confirmed by the council. Voting members will all be members of the community at large and will represent a balance of interest in all modes of transportation. B. Non-voting Ex Officio Membership. The Director of Public Works or designee shall serve as the primary staff liaison and as Secretary of the Commission. Including the staff liaison, there will be twelve (12) total non-voting ex officio members who will participate as needed and will include one member of the Council as appointed by the Mayor, Community Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools, Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks and Recreation, Jackson County Roads, Airport Commission. (Ord 3076, amended, 11/06/2012; Ord 3003, amended, 02/18/2010; Ord 2975, added, 11/18/2008) Section 2.13.030 Powers and Duties, Generally The Transportation Commission will review and make recommendations on the following topics as it relates to all modes of Transportation: 1. Safety: will develop, coordinate and promote transportation safety programs; 2. Planning: Page 27 of 99 ASHLAND MUNICIPAL CODE * Will review and serve as the primary body to develop recommendations to the City's long range transportation plans. * Will review and make recommendations in Type III Planning Actions during the pre-application process. 3. Funding: will make recommendations to the City's transportation section of the Capital Improvements Program; 4. Advocacy: will advocate and promote all modes of transportation to make modal equity a reality. * Facilitate coordination of transportation issues with other governmental entities. * Select one or more member liaisons to attend and participate in meetings with other transportation related committees in the Rogue Valley. * Examine multi-modal transportation issues. (Ord 3003, amended, 02/18/2010; Ord 2975, added, 11/18/2008) Section 2.13.040 Powers and Duties, Specifically The Transportation Commission will review and forward all traffic implementation regulations to the Public Works Director for final approval and implementation of official traffic safety and functional activities. (Ord 3003, amended, 02/18/2010; Ord 2975, added, 11/18/2008) Section 2.13.050 Traffic Sub-Committee A. Purpose. The purpose of the Traffic Sub-Committee is to enable the Transportation Commission to focus on broad transportation concerns by reducing the number of routine and general non-routine traffic items that come before the full Commission and to insure the Transportation Commission will have sufficient time to devote their full attention to the overall transportation matters at issue. B. Membership. The Traffic Sub-Committee is established and consists of three regular members of the Transportation Commission who shall sit concurrently on the full Commission. Sub-committee members shall be appointed by the Transportation Commission Chair on a rotating basis until all members have served. Terms are for six month intervals and members may only sit for two consecutive terms at any one time. The Public Works Director shall determine what matters warrant Sub-Committee involvement and meetings shall be convened on an as needed basis. The Public Works Director or designee will serve as staff liaison and recorder for these meetings. C. Duties. The Traffic Sub-Committee shall consider the following matters: 1. Forward recommendations to the Transportation Commission and Public Works Director on routine and general non-routine traffic concerns including but not limited to traffic impacts, speed designations, parking, markings, and signage. 2. Recommend to the Transportation Commission specific comments, concerns or suggestions for the improvements to the City of Ashland' s Transportation System Plan or similar Transportation programs, with the emphasis on long range transportation planning and regional transportation plans. 3. Such other general or minor transportation matters as the Transportation Commission deems appropriate for the Traffic Sub-Committee format. 4. The Traffic Sub-Committee or staff liaison may refer any matter before the Traffic Sub-Committee to the Transportation Commission when it becomes apparent the matter Page 28 of 99 ASHLAND MUNICIPAL CODE involves major policy concerns or potential serious transportation impacts on surrounding areas. D. Minutes. All Traffic Sub-Committee action minutes will be forwarded to the following Transportation Commission meeting. (Ord 3003, amended, 02/18/2010; Ord 2975, added, 11/18/2008) Page 29 of 99 ASHLAND MUNICIPAL CODE Chapter 2.14 PLANNING HEARINGS BOARD Sections: 2.14.010 Established--Purpose 2.14.020 Powers and Duties 2.14.030 Membership and Terms 2.14.040 Referral to the Planning Commission 2.14.050 Repealed by Ord 2775, S5; 1996 2.14.060 Chairperson and Staff Section 2.14.010 Established-Purpose There is established a Hearings Board to carry out some of the duties delegated by the City Council to the Planning Commission under ORS 227.160 to 227.180. The purpose of the Hearings Board shall be to enable the Planning Commission to focus on broad planning concerns by reducing the number of applications to come before the full Commission; and to assure applicants of a timely hearing before members of the Commission who have sufficient time to devote their full attention to the matters at issue. Section 2.14.020 Powers and Duties The Hearings Board shall consider the following matters: 1. Variances and conditional use permits not involving complete new multi-family (three units or more per tax lot), commercial, or industrial buildings. 2. Partitions and Site Reviews, where the Staff Advisor to the Planning Commission determines that the proposal does not contain significant items of discretion relating to overall planning policy or impact on surrounding areas. 3. Such other minor land use matters as the Planning Commission deems appropriate to the Hearings Board format. Section 2.14.030 Membership and Terms The Hearings Board shall consist of three regular members of the Planning Commission, who shall sit concurrently on the full Commission. Terms of Hearings Board members shall be six (6) months, with terms staggered in two (2) month intervals. The first members shall serve for 4, 6, and 8 months respectively. Membership shall rotate among Planning Commission members such that service on the Hearings Board is shared equally; the method of determining which members shall serve at a given time shall be at the discretion of the Commission. Section 2.14.040 Referral to the Planning Commission The Hearings Board or Staff Advisor may refer any matter before the Board or Advisor to the Planning Commission when it becomes apparent that the matter involves major policy concern or potential serious impacts on surrounding areas. Section 2.14.060 Chairperson and Staff The Hearings Board member serving the last two months of his/her term shall function as Chairperson of the Board. The Staff Advisor to the Planning Commission shall provide adequate staff support for the operations of the Hearings Board. (Ord. 1979, 1978) Page 30 of 99 ASHLAND MUNICIPAL CODE Chapter 2.15 FOREST LANDS COMMISSION Sections: 2.15.005 Purpose 2.15.010 Established - Membership. 2.15.015 Powers and Duties - Generally Section 2.15.005 Purpose The Forest Lands Commission has as its primary purpose the protection and enhancement of conditions of late-succession and old-growth forest ecosystems on city-owned forest lands to provide high quality water for domestic supply. The role and responsibilities of the Forest Lands Commission were first established in February 1993 pursuant to Resolution 93-06 and have been amended by Resolution several times. The city council desires to codify herein the establishment of the Forest Lands Commission. (Ord 3003, added, 02/18/2010) Section 2.15.010 Established - Membership. The Forest Lands Commission is established and shall consist of seven (7) voting members including a representative of the Ashland Parks Commission. The Commission may also consist of certain non-voting ex-officio members, including a representative of the USDA Forest Service Ashland Ranger District, a representative of the Oregon Department of Forestry, a member of the City Council, a representative from the Tree Commission, the Director of Public Works, Director of Planning, Fire Chief, Police Chief, Parks and Recreation Director or their designees. (Ord 3003, added, 02/18/2010) Section 2.15.015 Powers and Duties - Generally The powers, duties and responsibilities of the Forest Lands Commission shall be as follows: A. To implement the Ashland Forest Plan developed and adopted by the City of Ashland in June, 1992. B. To provide integrated, interdisciplinary direction and oversight for the development of forest ecosystem management plans and related activities in the Ashland watershed. C. To develop a strong community volunteer program to assist in the implementation of the Ashland Forest Plan. D. To submit recommendations to the City Council regarding forest management. E. To ensure that plans integrate the forest management needs and concerns of the City and of private land owners in the wildland urban interface. F. To promote public knowledge and acceptance of the Ashland Forest Plan programs. (Ord 3003, added, 02/18/2010) Page 31 of 99 ASHLAND MUNICIPAL CODE Chapter 2.16 RECREATION COMMISSION Sections: 2.16.010 Purpose of chapter 2.16.020 Organization 2.16.030 Duties 2.16.040 Recreation Director 2.16.060 Reports Section 2.16.010 Purpose of chapter The purpose of this chapter is to implement Article XXII of the Ashland City Charter which provides for a Recreation Commission. (Ord. 1213 S1, 1957, Ord. 1059 S1, 1947; Ord. 2073 S1, 1980; Ord 3100, 2014) Section 2.16.020 Organization The Recreation Commission shall meet and organize itself by electing one or more of its members as Chair and such other officers as they deem necessary. The Commission has power to adopt By-Laws, rules and regulations for the proper conduct of public recreation in the City. (Ord. 1059 S2, 1947; Ord. 2073 S1, 1980; Ord 3100, 2014) Section 2.16.030 Duties The Recreation Commission shall coordinate, as far as possible, the recreational facilities now within the City, or hereafter to be constructed or created, with the object and purpose of promulgating a central plan in which all public boards and agencies, as well as private organizations, may participate. The Commission shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of the people of Ashland and vicinity in a constructive and wholesome manner. (Ord. 1059 S3, 1947; Ord 3100, 2014) Section 2.16.040 Recreation Director The Recreation Commission has the power to appoint or designate some individual to act as recreation director who is trained and properly qualified for the work, and such other personnel as the Commission deems proper. The Recreation Commission shall, at the proper time annually, submit a budget estimate to the Mayor and City Council for their approval. The Commission may also solicit or receive any gifts or bequests of money or other personal property, or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or other recreational purposes. (Ord. 1059 S4,1947; Ord 3100, 2014) Section 2.16.060 Reports The Recreation Commission shall make full and complete monthly and annual reports to the Mayor and City Council; and such other reports as from time to time may be requested of them by the Mayor and City Council. (Ord. 1059 S6, 1947; Ord 3100, 2014) Page 32 of 99 ASHLAND MUNICIPAL CODE Chapter 2.17 PUBLIC ARTS COMMISSION Sections: 2.17.005 Purpose 2.17.010 Established Membership 2.17.070 Powers and Duties Section 2.17.005 Purpose The mission of the Public Arts Commission is to enhance the cultural and aesthetic quality of life in Ashland by actively pursuing the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the city as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters. The creation of a Public Arts Commission for the City of Ashland will assist those organizations, and other organizations and individuals, to make arts a more important part of the city's life. Recommendations from the Commission regarding the acquisition and placement of public art should be based upon accepted standards and guidelines as opposed to personal opinion. This chapter will create a Public Arts Commission and adopt standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. (3003, amended, 02/18/2010; Ord 2977, added, 01/06/2009; Ord 2890, Added, 11/19/2002) Section 2.17.010 Established Membership The Public Arts Commission for Ashland is established and shall have the powers and duties provided in this chapter. The Public Arts Commission shall consist of seven members appointed by the mayor and confirmed by city council. The commission shall contain five members from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture, and two citizens at large. The mayor shall also designate a council member as a non-voting ex-officio member and liaison to the commission. At least five members of the commission shall reside inside the city limits. (3003, amended, 02/18/2010; Ord 2890, Added, 11/19/2002) Section 2.17.070 Powers and Duties The Public Arts Commission shall be specifically responsible for, but not limited to, the following: A. The commission shall ensure the arts continue to be of value as an integral part of Ashland. B. The commission shall promote the arts in Ashland to enrich the lives of its citizens through education and demonstration. C. The commission may assist the city council, the Ashland Parks and Recreation Commission, historic commission and the planning commission in using public art to enhance existing development in public parks and other public lands and in public structures. D. The commission shall advise the planning commission, the Ashland Parks and Recreation Commission, other city commissions and committees and city departments regarding artistic components of all Page 33 of 99 ASHLAND MUNICIPAL CODE municipal government projects under consideration by the city. The commission may also serve as a resource for artistic components of land use developments. E. The commission shall develop and recommend to the city council policies and programs that would enhance and encourage the planning, placement and maintenance of public displays of art in locations open to the public within the community. F. The commission shall encourage connections with other local, regional and national organizations working for the benefit of art and preservation of artistic values, and other similar activities. G. The commission shall recognize and encourage groups and organizations that enrich Ashland life by bringing cultural and artistic values and artifacts to the city. H. The commission shall pursue gifts and grants for support of arts programs and activities and the procurement of public art. (Ord 3003, amended, 02/18/2010; Ord 2890, Added, 11/19/2002) Page 34 of 99 ASHLAND MUNICIPAL CODE Chapter 2.18 CONSERVATION COMMISSION Sections: 2.18.010 Established Membership 2.18.040 Powers and Duties Generally Section 2.18.010 Established Membership 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 primary staff liaison shall be appointed by the City Administrator and shall serve as Secretary of the Commission. Voting members shall be appointed by the Mayor with confirmation by the City Council. (Ord 3003, amended, 02/18/2010; Ord 2981, added, 04/06/2009; Ord 3100, 2014) Section 2.18.040 Powers and Duties Generally The powers, duties and responsibilities of the commission shall be to educate and advocate for the wise and efficient use of resources by the City of Ashland and all Ashland citizens. In doing so the commission shall recommend to the council the adoption of policies, implementation strategies and funding related to: A. Recycling, source reduction and solid waste/landfill issues; B. Electric conservation issues; C. Water conservation issues; D. Resource conservation issues; E. New power resource decisions, but not including decisions involving wholesale power contracts; F. Renewable resource decisions; G. Air quality issues; H. Education of citizens about efficiency issues (Ord 3003, amended, 02/18/2010; Ord 2981, added, 04/06/2009) Page 35 of 99 ASHLAND MUNICIPAL CODE Chapter 2.19 HOUSING AND HUMAN SERVICES COMMISSION Sections: 2.19.010 Purpose and Mission 2.19.020 Established Membership 2.19.030 Powers and Duties Section 2.19.010 Purpose and Mission The Housing and Human Services Commission is to assess and make recommendations to the City Council for addressing the continuum of housing and human services needs for the purpose of enhancing community health and well-being. (Ord 3086, added, 09/17/2013) Section 2.19.020 Established Membership The Housing and Human Services Commission is established and shall consist of nine (9) voting members, one (1) non-voting student liaison from Southern Oregon University, and one (1) non-voting ex-officio member who shall be the city Housing Program Specialist. (Ord 3086, added, 09/17/2013) Section 2.19.030 Powers and Duties The powers and duties of the commission shall be as follows: A. To monitor and assess the continuum of housing and human services needs of the community, and utilize this information to advise the City Council regarding policy and funding strategies relating to housing and human services; B. To consider the feasibility of and advise the City Council on programs that assist in addressing the unmet utility, medical, transportation, and food needs of seniors, children and families in Ashland, and other related human services programs; C. To review and make recommendations to the City Council on Community Development Block Grant (CDBG) related allocations; D. To review and make recommendations to the City Council on the Housing Trust Fund and related allocations; E. To monitor projects funded with the Community Development Block Grant (CDBG), City of Ashland Social Service Grants, and the Housing Trust Fund; F. To investigate federal, state, county and private funding for implementation of Housing and human services programs; G. To foster public knowledge and support of official city housing and human services Programs; H. To enhance cooperation between the public and private sectors by promoting integrated approaches that provide decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate-income persons; 1. To evaluate, review, and recommend to the Planning Commission and City Council innovative land use strategies targeted at promoting a broad variety of housing types; and J. To monitor housing discrimination complaints and corrective actions within the City, and to report to the City Council measures taken to further equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, source of income, or familial status. (Ord 3086, added, 09/17/2013) Page 36 of 99 ASHLAND MUNICIPAL CODE Chapter 2.22 BUILDING BOARD OF APPEALS Sections: 2.22.010 Established Membership Section 2.22.010 Established Membership There is established a Building Board of Appeals consisting of six (6) voting members, including one planning commission member, who are qualified by experience and training to pass upon matters pertaining to building related activities and the demolition and relocation of buildings. Qualified experience and training includes but is not limited to the following: general contractor, engineer, architect, electrician, plumber, heating and air conditioning, sign installation or building construction. In addition, at least one member shall also have experience, knowledge or an interest in demolition-debris recycling. The Building Official shall be an ex officio non-voting member and shall act as Secretary of the Board, except that the Building Official shall not serve as an ex-officio member for appeals of Administrative Penalties. (Ord 3003, added, 02/18/2010) Page 37 of 99 ASHLAND MUNICIPAL CODE Chapter 2.23 ASHLAND AIRPORT COMMISSION Sections: 2.23.010 Established - Membership 2.23.015 Qualifications 2.23.040 Powers and Duties Generally Section 2.23.010 Established - Membership There is established an Ashland Airport Commission which shall consist of nine (9) voting members and two (2) non-voting ex officio members who shall be the Director of Public Works and the Council person appointed by the Mayor as liaison to the Commission. (Ord 3003, amended, 02/18/2010) Section 2.23.015 Qualifications In making the appointments, the Mayor and Council shall appoint members such that the majority of the Commission has either education, training, experience or other expertise in airports, aircraft, aeronautics or engineering. A member shall not be disqualified for purposes of appointment or official action simply by being a member of a class of airport users, including but not limited to pilots, airplane owners or airport lease holders. (Ord 3003, amended, 02/18/2010) Section 2.23.040 Powers and Duties Generally The powers and duties of the Ashland Airport Commission shall be as follows: A. To advise the Mayor and City Council on all matters relating to the management, operation, and further development of the Ashland Airport. B. To investigate Federal, State, County, and private funding for airport improvements in relation thereto the requirement of City participation in financing. C. To review and recommend project applications for funding to the City Council. (Ord 3003, amended, 02/18/2010) Page 38 of 99 ASHLAND MUNICIPAL CODE Chapter 2.24 HISTORIC COMMISSION Sections: 2.24.010 Established Membership 2.24.040 Powers and Duties Generally Section 2.24.010 Established Membership There is established a Historic Commission which will consist of nine (9) voting members, and certain non-voting ex officio members including the Chairperson of the Planning Commission, a representative from the Ashland City Council, and a representative of the Ashland Building Division. To qualify the Historic Commission as a Certified Local Government (CLG) Commission, some of the members should meet the professional qualifications under State Historic Preservation Office requirements. (Ord 3003, amended, 02/18/2010) Section 2.24.040 Powers and Duties Generally The powers, duties, and responsibilities of the Historic Commission shall be as follows: A. To survey and recommend to the City Council, areas or properties of significant historical value and interest to be designated historical properties; B. To draft and recommend ordinances and other measures designed to protect and foster interest in the improvement of designated historical properties; C. To review literature and sources of funding concerning the protection and improvement of designated historic properties; D. To review and make recommendations concerning the improvement of designated historic properties in connection with the issuance of building permits, zone changes, conditional use permits, variances, sign permits, and site reviews; E. To review and recommend project applications for funding; F. To promote public support in the preservation of Ashland's historic past; G. Advise citizens on aesthetic standards for historic areas. (Ord 3003, amended, 02/18/2010) Page 39 of 99 ASHLAND MUNICIPAL CODE Chapter 2.25 TREE COMMISSION Sections: 2.25.005 Purpose 2.25.010 Established Membership 2.25.030 Quorum Rules and Meetings 2.25.040 Powers and Duties Generally Section 2.25.005 Purpose The Tree Commission shall provide advice and guidance to commissions, the Council and city departments on all tree-related matters and to involve citizens in protecting Ashland's urban forest. (Ord 3003, amended, 02/18/2010) Section 2.25.010 Established Membership The Tree Commission is established and-shall consist of no less than five members nor more than seven voting members. There shall also be three non-voting ex officio members consisting of a member of the City Council, a representative of the Community Development Department and a representative of the Parks and Recreation Department. (Ord 3003, amended, 02/18/2010; Ord 2962, amended, 07/15/2008) Section 2.25.030 Quorum Rules and Meetings Notwithstanding any other provision of this code, a quorum shall be defined as one-half the number of sitting Commissioners, plus one, but in no case less than three. (Ord 3003, amended, 02/18/2010; Ord 2962, amended, 07/15/2008) Section 2.25.040 Powers and Duties Generally The powers, duties and responsibilities of the Tree Commission shall be as follows: 1. To act in an advisory capacity to the Planning Commission, City Council and Planning Department Staff Advisor in the administration of the land-use planning process, with respect to tree science and requirements, landscape design and principles, locally suitable botanic species and protection of natural resources. Failure to make a recommendation on any individual planning action shall not invalidate the action. 2. To develop and recommend to the City Council for its adoption ordinances and policies for the planting, care and protection of trees throughout the City and to make amendments as required to AMC 18.61. 3. To act in an advisory capacity to the City Administrator and to all City departments regarding tree protection, maintenance, removal or any related issues in the City and on all City properties. 4. To develop and recommend to the Planning Commission and the City Council for their review and adoption a city-wide tree monitoring and maintenance plan for long-term tree care, including irrigation, pruning and other annual activities. Copies of the plan shall be kept in the Office of the City Recorder and the Community Development Department for public review. 5. To develop and recommend to the City Council for its adoption a master list of street trees suitable for planting along city streets, a copy of which shall be kept on file by the Office of the City Page 40 of 99 ASHLAND MUNICIPAL CODE Recorder and the Community Development Department as well as made available on the internet. The list shall be updated and reviewed as required. 6. To educate the citizenry and to promote public knowledge and understanding of the benefits of appropriate tree planting and care. 7. To facilitate an inventory of existing trees, including historical or significant trees; to identify publicly owned properties in need of sustainable tree-planting or landscaping; and to submit recommendations regarding such enhancement of public lands and rights-of-way and to present reports of such inventories, at the request or direction of Council. (Ord 3003, amended, 02/18/2010; Ord 2962, amended, 07/15/2008) Page 41 of 99 ASHLAND MUNICIPAL CODE Chapter 2.26 ASHLAND WILDFIRE MITIGATION COMMISSION Sections: 2.26.010 Purpose 2.26.020 Established Membership 2.26.030 Powers and Duties Generally Section 2.26.010 Purpose The Ashland Wildfire Mitigation Commission shall provide advice and support to the Council and City departments and education to the community on wildfire issues and plans for mitigation action. Specifically, the Commission will function as the entity to foster the efforts of the city of Ashland to adopt and achieve the goals set forth in the Fire Adapted Communities program. (Ord 3044, added, 01/18/2011; amended Ord 3095, 2014) Section 2.26.020 Established Membership The Ashland Wildfire Mitigation Commission is established and shall consist of no less than seven (7) voting members, and certain non-voting ex officio members consisting of a member of the City Council, a representative of Ashland Fire and Rescue, and additional staff as needed. The Fire Department designee shall serve as the primary staff liaison and as Secretary of the Commission. Voting members will be community members at large, and shall be designated by the Mayor and confirmed by the council. (Ord 3044, added, 01/18/2011; amended Ord 3095, 2014) Section 2.26.030 Powers and Duties Generally The powers, duties and responsibilities of the Ashland Wildfire Mitigation Commission shall be as follows: A. To develop, coordinate and promote a comprehensive community wildfire strategy; B. To initiate, enhance and promote full community participation and responsibility in reducing wildfire risk; C. To submit recommendations to the City Council and City departments regarding the community's wildfire strategy and to promote and support a relationship with surroundings areas and jurisdictions that pertain to or benefit wildfire safety in Ashland. (Ord 3044, added, 01/18/2011; amended Ord 3095, 2014) Page 42 of 99 ASHLAND MUNICIPAL CODE Chapter 2.27 CITIZEN INVOLVEMENT IN PLANNING Sections: 2.27.010 Established--Purpose 2.27.020 Powers and Duties 2.27.030 Memberships - Terms 2.27.040 Quorum - Rules - Officers 2.27.050 Notification and Meetings 2.27.060 Compensation and Support Section 2.27.010 Established--Purpose There is established a Committee for Citizen Involvement (CCI) to monitor and evaluate City progress in the area of citizen involvement, and a Citizen's Planning Advisory Committee (CPAC) to review pertinent planning related issues and make recommendations to the City Planning Commission and City Council. Section 2.27.020 Powers and Duties A. The Committee for Citizen Involvement (CCI) shall be directly responsible to the City Council and shall have the following powers and duties: To advertise for new members for the CPAC by an open, well-advertised public process, set neighborhood boundaries for CPAC representation, and recommend suitable candidates to the Mayor for appointment and confirmation by the City Council. B. The Citizens Planning Advisory Committee (CPAC) shall be an advisory body to the City Planning Commission. Their recommendations and comments on planning issues shall be considered fully by the Planning Commission in reaching decisions, and shall also be forwarded to the City Council as part of a written record of hearing. The Planning Commission and City Council shall inform the CPAC of actions taken on any matter upon which the CPAC has made formal recommendation. The CPAC shall be given the opportunity to review and make recommendations on the following matters: 1. All changes in the Comprehensive Plan text or maps. 2. All changes in the text or maps of implementation mechanisms such as the Zoning Ordinance, Subdivision Ordinance, Capital Improvements Program, etc. 3. In addition to the items noted above, the CPAC may review any other planning issue the CPAC Chair finds to be significant in relation to the Comprehensive Plan, implementation measures, or citizen concerns. 4. It shall be understood that the CPAC role and function is advisory to the Planning Commission, and that there is no implicit obligation for either the Planning Commission or City Council to agree with CPAC recommendations. Such decision-making bodies shall give appropriate feedback as described above. Section 2.27.030 Memberships - Terms A. Committee for Citizen Involvement -The members of the CCI shall be the Mayor, the Planning Commission Chair, and the Chair and Vice-Chair of the CPAC. B. Citizens Planning Advisory Committee--There shall be sixteen (16) voting members of the CPAC. Where possible, at least one (1) member shall be chosen from each of the eight (8) neighborhood areas with no more than two (2) of those members not being City residents. No more than three (3) members shall be engaged in the same primary source of income, trade, business, occupation or profession. Page 43 of 99 ASHLAND MUNICIPAL CODE CPAC members shall serve for two years with reappointment possible. A regular term shall begin on January 1st. A CPAC member's term shall be considered ended upon un-excused non-attendance of two (2) regular consecutive meetings, or non-attendance of two (2) meetings of any four (4) regular consecutive meetings held. (Ord. 2281 S1, 1983) Section 2.27.040 Quorum - Rules - Officers A. Committee for Citizen Involvement -A quorum for the CCI shall be three (3) members. The CCI shall establish such rules of procedure as it deems appropriate. B. Citizen's Planning Advisory Committee - A quorum for the CPAC shall be a majority of the active membership. The CPAC shall set forth such rules of procedure as it deems appropriate; said rules and any amendments thereof shall be approved by the CCI prior to taking effect. A Chair and Vice-Chair shall be chosen by a majority vote, and shall serve for one (1) year with no consecutive reappointment. Section 2.27.050 Notification and Meetings Meetings of the CCI and CPAC are open to the public for their participation. Meetings shall be advertised in advance by publication in a newspaper of general circulation. Where possible, notice of CPAC meetings shall be included in Planning Commission public notice to affected property owners. Said notice shall state the time and place of meetings and subjects to be discussed. CPAC shall schedule ten (10) regular meetings each year and such special meetings as necessary. CPAC shall evaluate any Planning Commission agenda items upon which it chooses to make comment at the regular meeting. The CPAC recommendations shall be conveyed to the Planning Commission at its next regular meeting. Failure by CPAC to act upon an application at its regular meeting shall constitute no comment on the application as submitted, in order not to delay Commission consideration. (Ord. 2281 S2, 1983) Section 2.27.060 Compensation and Support CCI and CPAC members shall receive no compensation for services rendered. The City, through the Planning Department, shall provide adequate staff and other resources to ensure effective operation of the citizen involvement program. (Ord. 1959,1978; Ord. 2170, 1982) Page 44 of 99 ASHLAND MUNICIPAL CODE Chapter 2.28 ADMINISTRATIVE AND OPERATING DEPARTMENTS Sections: 2.28.010 ADMIN & OPERATING DEPARTMENTS - Title 2.28.020 City Administrator--Department created 2.28.030 City Administrator - Duties - Generally 2.28.040 City Administrator - Administrative responsibilities 2.28.045 City Administrator - Delegated Duties 2.28.050 City Administrator - Ex officio officer 2.28.060 Cemetery Department--Created 2.28.070 Cemetery Department--Functions 2.28.080 Electric Utilities Department--Created 2.28.090 Electric Utilities Department - Director 2.28.100 Electric Utilities Department--Functions 2.28.110 Finance Department--Editorially altered per request of the City Attorney dated 9/5/73 (Exhibit D); prior ordinance history: Ordinance 1399 S10, St1 and S12. 2.28.120 Finance Director and Administrative Services - Duties 2.28.130 Finance Department--Functions 2.28.140 Fire Department--Created 2.28.150 Fire Chief - Duties 2.28.160 Fire Department--Functions 2.28.170 Fire Department - Additional Duties 2.28.180 Municipal Court Department--Created 2.28.190 Municipal Judge Jurisdiction and Powers 2.28.200 Municipal Judge--Pro tempore 2.28.210 Municipal Judge--Records 2.28.215 Repealed by Ord 2967 2.28.220 City Attorney--Created 2.28.230 City Attorney - Duties - Legal 2.28.240 City Attorney - Duties - Responsibility to Council 2.28.250 City Attorney - Substitute Counsel 2.28.260 City Attorney--Records 2.28.270 City Attorney - Ex Officio Duties 2.28.280 Police Department--Created 2.28.290 Police Chief - Duties 2.28.300 Police Chief - Department Administration 2.28.310 Police Department--Functions 2.28.320 Public Works Department--Created 2.28.330 Public Works Director - Duties 2.28.340 Public Works Department--Functions 2.28.350 Community Development Department--Created 2.28.352 Director of Planning - Duties 2.28.354 Community Development Department--Functions 2.28.360 Department and Division Duties - Generally Section 2.28.010 ADMIN & OPERATING DEPARTMENTS - Title This chapter shall be known as "the organization ordinance", and shall be referred to as such. Page 45 of 99 ASHLAND MUNICIPAL CODE (Ord. 1399 S34, 1965) Section 2.28.020 City Administrator--Department created A City Administrator Department is created, under the direct control and management of the City Administrator, and shall consist of the City Administrator, the employees provided for by the position classification plan or a position ordinance, and such other employees as the City Administrator may assign to said Department. (Ord. 1399 S1, 1965) Section 2.28.030 City Administrator - Duties - Generally The City Administrator shall have the duties, responsibilities, authorities, and jurisdictions provided by the City Charter, the ordinances and resolutions adopted by the Council, and the laws of the state wherein they relate to the administration of the City. With City Council acknowledgment, the City Administrator is hereby empowered to make such rules and regulations for the conduct of the various administrative departments of the City as may be deemed necessary from time to time. (Ord. 1399 S2, 1965) Section 2.28.040 City Administrator - Administrative responsibilities The City Administrator shall have responsibility for the general administrative coordination of all City departments except for those officers and employees of the Parks Department. The City Administrator shall have the right to submit recommendations to the Mayor, with confirmation by the City Council, as to the appointment or dismissal of any principal officer or Department head. The Mayor and City Council, City Administrator, or the appropriate Department head may directly appoint or dismiss any subordinate employee. (Ord. 1399 S3, 1965; Ord 2826 S1, 1998) Section 2.28.045 City Administrator - Delegated Duties A. Acceptance of real property, or interest therein. Except when a public hearing before the governing body is required by state or local law, the City Council hereby authorizes and delegates to the City Administrator the authority to indicate, for purposes of recording in Official Deed records, the City of Ashland's acceptance of real property title or an interest in real property pursuant to ORS 93.808. The City Administrator may execute an instrument conveying fee title to the City or conveying any interest in real property to the City, after approval of the form by the City Attorney and approval of the description of the property by the City Surveyor. City acceptance shall be in substantially the following form: CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND. Grantee By: City Administrator City of Ashland, Oregon STATE OF OREGON) ) ss. , 20 _ Page 46 of 99 ASHLAND MUNICIPAL CODE Section 2.28.050 City Administrator - Ex officio officer (Ord. 1399 S4, 1965; Ord. 2251 S3, 1983; Ord. 2267 S1, 1983; Repealed Ord. 2813, 1998) Section 2.28.060 Cemetery Department--Created. A Cemetery Department is hereby created which is under the direction of the Director of Finance and Administrative Services, and consists of such employees authorized by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. (Ord. 1399 S5, 1965; Ord. 2251 S1, 1983) Section 2.28.070 Cemetery Department - Functions The functions of the Cemetery Department are the sale or other disposition of places of burial under control of said Department; the maintenance and care of all cemetery grounds, equipment, mausoleums and structures; the preparation and maintenance of accurate records of all burials; and the disposition of human remains in the manner provided by State law. (Ord. 1399 S6, 1965; Ord. 2251 S2, 1983) Section 2.28.080 Electric Utilities Department--Created An Electric Utilities Department is created which is under the direction of the Director of Electric Utilities, and consists of such employees authorized by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. (Ord. 1399 S7, 1965; Ord. 2251 S4, 1983) Section 2.28.090 Electric Utilities Department - Director The Director of Electric Utilities, subject to the approval of the City Administrator and City Council, shall organize and maintain such divisions in said Department as the operation may, in the judgment of the Director, require. The Director of Electric Utilities shall be responsible for the general supervision and control of all divisions of said Department and for the performance of the functions herein assigned to said Department. (Ord. 1399 S8, 1965) 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. (Ord. 1399 S9, 1965; Ord. 2251 S5, 1983; Ord 3100, 2014) Section 2.28.110 Finance Department--Editorially altered per request of the City Attorney dated 9/5/73 (Exhibit D); prior ordinance history: Ordinance 1399 S10, S11 and S12 A Finance Department is created which is under the direction of the Director of Finance, and consists of such employees authorized by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. (Ord. 1399 S10, 1965; Ord. 2259 S1, 1983) Section 2.28.120 Finance Director and Administrative Services - Duties The Director of Finance, subject to the approval of the City Administrator and City Council, shall organize and maintain such divisions in said Department as the operation may, in the judgment of the Director, require. The Director of Finance shall be responsible for the general supervision and control of all divisions of said Department and for the performance of the functions herein assigned to said Department. Page 48 of 99 ASHLAND MUNICIPAL CODE (Ord. 1399 S11, 1965; Ord. 2259 S2, 1983) Section 2.28.130 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; receipt, storage and issuance of supplies, materials and equipment; the disposal of surplus property; fiscal and property accounting for all departments; 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; the performance of all duties prescribed by the City Charter and ordinances and the laws of the State for those officers 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. (Ord. 1399 S12, 1965; Ord. 2551 S6, 1983; Ord. 2259 S3, 1983; Ord. 2826 S2, 1998; Ord 3100, 2014) Section 2.28.140 Fire Department--Created A Fire Department is hereby created which is under the direction of the Fire Chief, and consists of such employees provided for by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. (Ord. 1399 S13, 1965; Ord. 2265 S1, 1983) Section 2.28.150 Fire Chief--Duties The Fire Chief, subject to the approval of the City Administrator and City Council, shall organize and maintain such divisions in said Department as the operations may, in the judgment of the Fire Chief, require. The Fire Chief shall be responsible for the supervision and control of all divisions of said Department and for the performance of the functions herein assigned to said Department. The Fire Chief shall have control and management of all officers, members, equipment, and functions of the Fire Department. The Fire Chief shall have authority to adopt rules and regulations for the administration, discipline, equipment, and uniforms of members and officers of the Department, fixing the powers and duties and prescribing penalties for violations of any such rules and regulations and providing for their enforcement. (Ord. 1399 S14, 1965) Section 2.28.160 Fire Department - Functions The functions of the Fire Department are the prevention and extinguishment of fires; the enforcement of all laws and ordinances relating to the prevention and extinguishment of fires and storage, sale, and use of oils, combustible materials and explosives; the investigation of the causes of all fires and the reporting of the same to the Police Department in all cases where there is reason to believe that any fire is the result of a crime or that a crime has been committed in connection therewith; the inspection of all hydrants, stand pipes, and other water supply systems; the performance of disaster and mutual aid services in accordance with approved plans or agreements; the performance of such other functions as may be assigned by the City Administrator or prescribed by ordinance of the City Council or by applicable State law. (Ord. 1399 S15, 1965; Ord. 2246 S1, 1983) Section 2.28.170 Fire Department - Additional Duties In addition to the performance of their regular and ordinary duties, it shall be the duty of all members of the Fire Department, at all times and under all circumstances, to go to the aid of all persons in distress or danger and render them such help and assistance as lies within their power and to perform any and all other duties Page 49 of 99 ASHLAND MUNICIPAL CODE when ordered by the Fire Chief. In case any member of the Fire Department is injured while rendering such additional services, the employee shall be deemed to be injured in the course of employment. (Ord. 1399 S16, 1965; Ord. 2266 S2, 1983) Section 2.28.180 Municipal Court Department--Created A Municipal Court Department is hereby created which is under the direction of the elected Municipal Judge, and consists of such employees provided for by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. (Ord. 1399 S17, 1965; Ord. 2266 S3, 1983) Section 2.28.190 Municipal Judge Jurisdiction and Powers A. The Municipal Judge shall be the judicial officer for the City and shall have jurisdiction over all violations of City ordinances, the City Charter, and infractions, violations and misdemeanors described in the Oregon Revised Statutes occurring within the City. The Municipal Judge, in exercising this jurisdiction, shall have all the powers of a circuit court judge set forth in the Oregon Revised Statutes. B. For any case involving an infraction, other than a traffic infraction, where it appears on the face of one or more pleadings, appearances or motions, that the underlying dispute between the complainant and defendant could be resolved through mediation, the court shall have the authority to refer the matter for mediation prior to or concurrent with the setting of the matter for trial. 1. The purpose of the mediation shall be to assist the complainant and defendant in resolving the dispute leading to the alleged infraction instead of litigating those issues before the court. The mediator shall report to the court the outcome of the mediation at the conclusion of the mediation proceeding. The mediator shall report in writing to the court any agreement reached by the parties as a result of the mediation, and if the municipal judge approves, the agreement shall be incorporated in the order disposing of the case. If the parties do not reach an agreement, the mediator shall report that fact to the court and may make a recommendation to the court as to disposition of the case. 2. The municipal judge shall have the authority to dismiss any case in which the complainant fails or refuses to participate in mediation. The municipal judge shall have the authority to compel the defendant to participate in mediation, and any defendant who willfully fails or refuses to participate in mediation after being ordered to do so may be cited for contempt in the manner provided by law. 3. The municipal judge shall have the authority to require the defendant and complainant to agree to comply with any order disposing of the case that incorporates the outcome of the mediation. If the complainant fails or refuses to agree to comply with such order, the municipal judge shall have the authority to dismiss the case. Any defendant who willfully fails or refuses to agree to comply with such order after being ordered to do so may be cited for contempt in the manner provided by law. (Ord 2820, S1, 1998) Section 2.28.200 Municipal Judge--Pro tempore The Mayor, with confirmation by the City Council, shall appoint a Municipal Judge Pro tempore, who shall serve as Municipal Judge in the absence from the City of the elected Municipal Judge, or due to the inability of said elected Judge to serve. The Municipal Judge shall have a right to submit recommendations as to the appointment or dismissal of the Municipal Judge Pro tempore, however, this shall not limit the Mayor's power to appoint or dismiss. The Municipal Judge Pro tempore shall be employed at the expense of the City upon such terms as are prescribed by the Council or City Administrator. (Ord. 1399 S19, 1965; Ord. 2266 S5, 1983; Ord. 2268, 1983) Page 50 of 99 ASHLAND MUNICIPAL CODE Section 2.28.210 Municipal Judge--Records The Municipal Judge shall keep on file in the Municipal Court office all written communications and opinions, decisions, briefs and papers used in cases wherein the Judge presides. The Municipal Judge shall deliver all books, records, papers, documents and property of every description belonging to the City to his/her successor in office. (Ord. 1399 S20, 1965) Section 2.28.220 City Attorney--Created A Legal Department is hereby created which shall be under the direction of the City Attorney, and shall consist of such employees provided for by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. (Ord. 1339 S21, 1965; Ord. 2266 S6, 1983) Section 2.28.230 City Attorney - Duties - Legal The City Attorney shall prosecute and defend for the City all actions at law or in equity, and all special proceedings for or against the City. The City Attorney shall commence any legal proceedings when directed to do so by the City Administrator or City Council, and shall give legal advice, in writing, to the Mayor, the Council, the City Administrator, Department heads, and Boards and Commissions when requested to do so by them, upon questions of law arising in their separate Departments involving the rights and liabilities of the City. The City Attorney shall not settle or dismiss any litigation for or against the City or take an appeal to any appellate court unless instructed to do so by the City Administrator or City Council. (Ord. 1399 S22, 1965; Ord. 2266 S7, 1983) Section 2.28.240 City Attorney - Duties - Responsibility to Council The City Attorney shall draw such ordinances, resolutions and contracts, or other instruments, as shall be requested by the Council or the City Administrator, and shall attend the meetings of the Council when requested to do so by the Mayor, the Council or the City Administrator. (Ord. 1399 S23, 1965; Ord. 2266 S5, 1983) Section 2.28.250 City Attorney - Substitute Counsel Whenever, in the opinion of the City Attorney, the City Administrator, or the City Council, the interests of the City require it, assistant or substitute counsel may be employed at the expense of the City, upon such terms as are prescribed by the Council or City Administrator. (Ord. 1399 S24, 1965) Section 2.28.260 City Attorney - Records The City Attorney shall keep on file in his\her office all written communications and opinions, briefs and papers used in cases wherein he\she appears. The City Attorney shall deliver all books, records, papers, documents, and property of every description belonging to the City to his\her successor in office. (Ord. 1399 S25, 1965) Section 2.28.270 City Attorney - Ex Officio Duties With respect to criminal proceedings in the Municipal Court, the City Attorney shall be the Ex officio prosecuting attorney. Whenever the defendant is represented by an attorney on an infraction or violation, the City Attorney shall also prosecute the offense. In all other infraction or violation proceedings in the Municipal Court, the City Attorney shall consult and assist the enforcement officer involved. (Ord 2956, amended, 05/06/2008) Page 51 of 99 ASHLAND MUNICIPAL CODE Section 2.28.280 Police Department--Created A Police Department is hereby created which is under the direction of the Chief of Police, and consists of such employees provided for by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. (Ord. 1399 S27, 1965; Ord. 2266 S9, 1983) Section 2.28.290 Police Chief--Duties The Chief of Police, subject to the approval of the City Administrator and City Council, shall organize and maintain such divisions in said Department as the operations may, in the judgment of the Chief, require, and shall be responsible for the supervision and control of all divisions of said Department and for performance of the functions herein assigned to said Department. The Chief of Police shall, in the lawful exercise of the duties of Police Chief, and subject to the provisions of the City Charter, have all the powers that are now or hereafter may be conferred upon sheriffs by the laws of the State, and shall be entitled to the same protection. (Ord. 1399 S28, 1965; Ord. 2266 S10, 1983) Section 2.28.300 Police Chief--Department Administration The Chief of Police shall have authority to adopt rules and regulations for the administration, discipline, equipment and uniforms of the members and officers of the Department, fixing powers and duties and prescribing penalties for violations of any such rules and regulations, and providing for their enforcement. (Ord. 1399 S29, 1965) Section 2.28.310 Police Department - Functions The functions of the Police Department are the maintenance of law and order in the City; the enforcement in the City of all laws of the United States and of the State, and all ordinances of the City, except when such enforcement is by such law, ordinance or charter of the City made the responsibility of another officer or Department, or when such enforcement is the responsibility of a State or Federal agency or officer; the administration of the City lockup and the care, custody and control of prisoners; the performance of such other functions as may be assigned by the City Administrator or prescribed by ordinance of the Council or by applicable State law. (Ord. 1399 S30, 1965; Ord. 2266 S11, 1983) Section 2.28.320 Public Works Department--Created A Public Works Department is hereby created which is under the direction of the Director of Public Works, and consists of such employees provided for in the position classification plan or a City budget, and such other employees as may be assigned by the City Administrator to said Department. (Ord. 1399 S31, 1965; Ord. 2259 S4, 1983) Section 2.28.330 Public Works Director--Duties The Director of Public Works, subject to the approval of the City Administrator and City Council, shall organize and maintain such divisions in said Department as the operations may, in the judgment of the Director, require and shall be responsible for the supervision and control of all divisions of said Department and for the functions herein assigned to said Department. The Director of Public Works shall be ex officio City Engineer, ex officio Street Commissioner, and ex officio Water Superintendent. (Ord. 1399 S32, 1965; Ord. 2259 S5, 1983) 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 Page 52 of 99 ASHLAND MUNICIPAL CODE 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; 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. (Ord. 1399 S33, 1965; Ord. 2246 S2, 1983; Ord. 2251 S7, 1983; Ord. 2259 S6, 1983; Ord. 2826 S3, 1998; Ord 3100, 2014) Section 2.28.350 Community Development Department--Created A Community Development Department is hereby created which is under the direction of the Director of Planning, and consists of such employees provided for by the position classification plan or City budget, and such other employees as the City Administrator may assign to said Department. Section 2.28.352 Director of Planning - Duties The Director of Planning, subject to the approval of the City Administrator and City Council, shall organize and maintain such divisions in said Department as the operation may, in the judgment of the Director, require, and shall be responsible for the supervision and control of all divisions of said Department and for the performance of the functions herein assigned to said Department. The Director of Planning shall be the ex officio Secretary to the Planning Commission, Historic Commission, Economic Development Commission, and Citizens Planning Advisory Committee. 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; and, 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. (Ord. 2246 S3, 2983; Ord 3100, 2014) Section 2.28.360 Department and Division Duties - Generally The officers and employees of the divisions and departments shall perform such other duties as may be required of them by the City Charter, laws or ordinances of the City, and such other or further duties as may be required from time to time by the person having direct charge of the division or Department, or by the City Administrator, or the City Council. (Ord. 1399 S35, 1965) Page 53 of 99 ASHLAND MUNICIPAL CODE Chapter 2.29 PUBLIC ART Sections: 2.29.005 Definitions 2.29.100 Process for acquiring public art 2.29.110 Review process for gifts or donations 2.29.120 Public Art on Private Property 2.29.130 Guidelines for recommendation by the Commission 2.29.140 Standards for the Ashland Public Art Collection 2.29.150 Maintenance of the Ashland Public Art Collection 2.29.160 Parks commission 2.29.170 Development of guidelines 2.29.180 Creation, funding and use of Ashland public art account Section 2.29.005 Definitions A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by any means including direct purchase, commission or acceptance of a gift. B. "Artwork" means visual works of public art as defined herein. C. "Ashland Public Art Collection" means all public art acquired by the City by any means. D. "Capital improvement program (CIP)" means the city's program for advance planning of capital improvements. E. "City project" or "project" means any capital improvement project in an amount over $25,000 paid for wholly or in part by the city of Ashland to purchase or construct any public building, decorative or commemorative public structure, sidewalk, or multi-use pathway construction, park facility construction, or any portion thereof, within the limits of the city of Ashland. "City project" or "project" does not include public utility improvements, (e.g. electric, water, sewer, or stormwater), LID improvements, including but not limited to streets, sidewalks and associated improvements, property acquisition, earth work, emergency work, minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the Council or responsible contracting officer may include any new city street or utility project (limited to water, sewer and storm water projects) in an amount over $25,000 as a city project under this article, by either vote of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer. F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council. G. "Eligible funds" means a source of funds for projects from which art is not precluded as an object of expenditure. H. "Participating department" means the department that is subject to this article by its sponsorship of a city project. 1. "Percent for art" means the program established by this article to set aside a percentage of the total cost of city projects for public art. Page 54 of 99 ASHLAND MUNICIPAL CODE J. "Public art" means all forms of original works of art in any media that has been planned and executed with the specified intention of being sited or staged on City Property or on property owned or controlled by the City of Ashland, usually outside and accessible to the public. K. "Public art account" means the city of Ashland public art account in the city budget established by this article into which all moneys donated, appropriated or derived pursuant to the percent for art program shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article. L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the removal and disposal through any available means, such as relinquishing title through sale, gift or destruction. M. "Selection Panel" means a group of individuals selected by the Commission that will evaluate the proposals associated with a particular project in a public meeting. N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art. 0. "Commercial Development Fee" means funds deposited by a commercial developer into the Public Art account when the developer prefers not to incorporate public art into the project and follow the public art process for art acquisition and approval. P. "Total cost" means the entire amount of the city's financial contribution toward construction and maintenance of a project. (Ord 3003, added, 02/18/2010) Section 2.29.100 Process for acquiring public art A. General. The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply with the City's public contracting rules. 1. Acquisition. Acquisition of public art will generally result from: a. The commissioning or purchasing of a work of public art by the city using city funds or donated funds, in accordance with public contracting laws and AMC Chapter 2.50; or b. An offer made to the city to accept a work of public art as a gift, donation, or loan. 2. Removal. Removal of public art may be by request or owing to some damage or destruction of the artwork. B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each project by the Commission after the following notifications have been made: 1. An ad is placed in a newspaper of general circulation in the city, 2. Postcards are sent out to all property owners located within 300 feet of the proposed site, and 3. A notice is placed on the city's website. The Commission shall pick the Selection Panel by examining applications received from interested parties. C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Commission shall forward that recommendation to the City Council for final Page 55 of 99 ASHLAND MUNICIPAL CODE selection. This ordinance does not exclude land use approval processes when required for the use or structure. D. Removal and Disposal Process. Except as provided in AMC 2.29.140(B), neither the Council nor the Commission is bound to follow any particular process for removal and disposal of art in the Ashland Public Art Collection. (Ord 3003, added, 02/18/2010) Section 2.29.110 Review process for gifts or donations The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the city and the Ashland Public Art Collection on its own motion or upon a recommendation by the Commission based on its own evaluation, or by recommendation of the Commission after the Selection Panel has evaluated the artwork using the guidelines in AMC 2.29.130 and the total cost over the life of the artwork. All art works or funds shall be administered by the city in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusively for the purposes of the Commission or as designated by the donor. Funds in this account may only be expended after they have been properly budgeted or approved by the city. (Ord 3003, added, 02/18/2010) Section 2.29.120 Public Art on Private Property Before public art can be placed on private property the Commission shall determine whether the site is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is found to be appropriate for public art, the City shall secure authorization to use and access the private property where the public art will be located before the acquisition process for public art is initiated. There shall be a written agreement or legal instrument, granting the City permission and control of the property so that the property can be used for public art purposes, including access for installation, maintenance and removal of the artwork. Public art can then be acquired for placement on private property by following the process for: A. Acquisition in AMC 2.29.100, or B. Gifts and donations in AMC 2.29.110. (Ord 3003, added, 02/18/2010) Section 2.29.130 Guidelines for recommendation by the Commission A. Selection Guidelines for Works of Public Art. 1. Quality. The artwork should be of exceptional quality and enduring value. 2. Site. The artwork should enhance the existing character of the site by taking into account scale, color, material, texture, content, and the social dynamics of the location. 3. History and Context. The artwork should consider the historical, geographical, and cultural features of the site, as well as the relationship to the existing architecture and landscaping of the site. 4. Initial Cost. The total cost of the artwork, including all items related to its installation, should be considered. 5. Maintenance and Durability. The durability and cost to maintain the artwork should be considered and quantified, particularly if the work is servicing, repainting, repairing or replacement of moving parts. 6. Permanence. Both temporary and permanent art works shall be considered. Page 56 of 99 ASHLAND MUNICIPAL CODE 7. Media. All forms of visual media shall be considered, subject to any requirements set forth by city ordinance. 8. Public Liability. The artwork should not result in safety hazards, nor cause extraordinary liability to the city. 9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural diversity. 10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby businesses. 11. Compliance. Artworks shall not violate any federal, state, or local laws, including specifically AMC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled by the city, or there should be a written agreement or legal instrument, granting the City permission to use the property for public art purposes, including access for installation, maintenance and removal. 2. Visual Accessibility. Public art should be easily visible and accessible to the public. 3. Visual Enhancement. Public art should visually enhance the overall public environment and pedestrian streetscape. 4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be part of the city's circulation paths. 5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal pedestrian circulation or vehicle traffic. 6. Scale. Public art should not be placed in a site where it is overwhelmed or competing with the scale of the site, adjacent architecture, large signage, billboards, etc. (Ord 3003, added, 02/18/2010) Section 2.29.140 Standards for the Ashland Public Art Collection A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of artworks. 1. Artworks may be acquired by direct purchase, commission, gift or any other means. 2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal instrument of conveyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties. 3. The city shall obtain the rights of ownership and possession without legal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork, except where expressly provided in the contract with the artist. The artists shall retain all rights and interests in the artwork except for the rights of ownership and possession. 4. The City shall only acquire artworks if. 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so, without written permission by the City, and 2) the artist gives permission to the City to make a two-dimensional reproductions as long as all such reproductions provide the copyright symbol, name of the artist, title of the artwork, and the date of completion. 5. Complete records, including contracts with artists, shall be created and maintained for all artworks in the Ashland Public Art Collection. B. Removal. 1. The Commission may recommend removal and/or disposal based on one or more of the following conditions. No public hearing is required for a removal recommendation. Page 57 of 99 ASHLAND MUNICIPAL CODE a. The site for an artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered. b. The artwork is found to be forged or counterfeit. c. The artwork possesses substantial demonstrated faults of design or workmanship. d. The artwork causes excessive or unreasonable maintenance. e. The artwork is damaged irreparably, or so severely that repair is impractical. f. The artwork presents a physical threat to public safety. g. The artwork is rarely displayed. h. A written request for removal has been received from the artist. 2. Council Removal Process. a. On its own motion, or following receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previously accepted into the Ashland Public Art Collection in their sole discretion. b. Acceptance or placement of donated art by the city does not guarantee continuous public display of the artwork regardless of physical integrity, identity, authenticity, or physical condition of the site. c. Removal officially deletes the work from the city of Ashland Public Art Collection by a relinquishment of title to the artwork; thus, eliminating the city's obligation to maintain and preserve the artwork. d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific terms for removal and disposal set forth in the contract with the Artist. 3. Removal and Disposal. a. The city may donate the artwork to another governmental entity or a nonprofit organization. b. A work that is deemed to have retained sufficient monetary value to warrant resale shall be disposed of through a public sale, auction, or any other means as established by city ordinance. c. Artworks removed from the Ashland Public Art Collection may be disposed of through any appropriate means, including the city's procedures for the disposition of surplus property. C. Borrowing of Artworks. 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership, the eligibility, review criteria, and procedure for borrowed works shall be the same as those established in this article for acquisition. 3. The borrowing of artworks shall be pursuant to written agreement between the city and the artist. 4. Nothing herein prohibits the city from securing other works of art or art exhibitions for display inside its facilities. (Ord 3003, added, 02/18/2010) Section 2.29.150 Maintenance of the Ashland Public Art Collection A. Except where expressly provided in a contract or warranty for public art the city shall be responsible for all maintenance of all artworks in the Ashland Public Art Collection. B. Within the limitation of the city budget the city shall provide necessary and appropriate maintenance of the Ashland Public Art Collection, including, but not limited to, regular custodial care and landscape Page 58 of 99 ASHLAND MUNICIPAL CODE maintenance. Maintenance shall be performed in accordance with any special instructions or procedures necessary for the preservation of the work. C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland Public Art Collection shall be immediately reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damage to City property. (Ord 3003, added, 02/18/2010) Section 2.29.160 Parks commission The standards and procedures in this article are in addition to, not in derogation of, the Ashland parks commission review responsibilities for projects proposed in city parks. Nothing herein exempts public art projects from compliance with all applicable federal, state, and local laws including, but not limited to, land development regulations and building code compliance. (Ord 3003, added, 02/18/2010) Section 2.29.170 Development of guidelines The Commission shall have the ability to establish further guidelines concerning its operations; however, only the criteria and processes of this ordinance will be legally binding. (Ord 3003, added, 02/18/2010) Section 2.29.180 Creation, funding and use of Ashland public art account A. Establishment. The Council hereby establishes a separate account entitled the Ashland public art account to be reflected in the city budget. All funds donated, appropriated or generated for the purpose of public art acquisition and education shall be deposited in this account and used solely for such purposes, in accordance with this article and other applicable law. Funds generated pursuant to the Commercial Development Fee in lieu established in Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for Art dedication in this section shall all be deposited into the Ashland Public Art Account. B. Permitted Purposes of Public Art Account. The public art account shall be used solely for the acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland Public Art Collection and for art education purposes, such as community outreach presentations and workshops, in accordance with the provisions of this article and other applicable law. C. Requirement for Dedication of a Percent for Art. Any city official or employee who authorizes or appropriates expenditures on behalf of a participating department for a city project shall, to the degree that there are eligible funds, include within the budget for the project a monetary contribution for the public art account equal to one-half percent (0.5%) of the total cost of the project. 1. One-half percent (0.5%) of the total cost of a qualifying city project shall be dedicated to the public art account. Such funds shall be deposited into the public art account by the city official or employee acting on behalf of the participating department no earlier than the time that budgeted funds are encumbered for construction of the city project and no later than final inspection of the completed city project. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any city project. If costs are incurred by the participating department to comply with this article requirement prior to transfer of the one-half percent (.5%) dedication for the city project to the public art account, the participating department may deduct such costs (not to exceed one-half percent) from the one-half percent (.5%) dedication at the time such funds are transferred. Page 59 of 99 ASHLAND MUNICIPAL CODE D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the city project that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Projects. As a general rule, where a city project will be constructed in phases, the one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of the city project at the time that funds for the phase are appropriated and encumbered. However, nothing in this section prevents the Council from deciding to hold or set aside all or part of the entire dedication from the funds of a particular phase, as the Council deems appropriate. In determining when to hold or set aside the funds for a phased project, the city will consider an overall public art plan for the project to ensure that art is not located on a piecemeal basis with phase construction. F. Monetary contributions for public art shall be deposited in separate accounts within the public art account if separate accounting is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations made other than through the percent for art program shall be deposited in the public art account and may be dedicated to or earmarked for a specific education program or work of art, subject to acceptance by the Council. H. Disbursements from the public art account shall be made only after authorization of the City Administrator or the Administrative Services Director (Finance), and shall be made according to this article and other applicable city ordinances, including but not limited to the public contracting code (AMC Chapter 2.50). 1. The Council may adopt by resolution case specific waivers or guidelines for administration of the percent for art program, including case-by-case waivers of the required dedication set forth herein based on the availability of public funds, as well as any other matters not specifically addressed herein and appropriate or necessary to the administration of the program. (Ord 3003, added, 02/18/2010) Page 60 of 99 ASHLAND MUNICIPAL CODE Chapter 2.30 UNIFORM ADMINISTRATIVE APPEALS PROCESS Sections: 2.30.010 Definitions 2.30.020 Administrative Appeals Process Section 2.30.010 Definitions A. City Recorder. The person holding the position of city recorder for the City of Ashland. B. Day. Unless otherwise specified "Days" means calendar days. C. Department Head. The person holding the position of department head for any department of the City of Ashland, or any agent, employee, or designee of the Department Head authorized to perform the duties of the Department head by express written delegation of the Department Head. D. Director. The person holding the position of director for any department of the City of Ashland, or any agent, employee, or designee authorized to perform the duties of the director by express delegation of the director. E. Hearing Officer. The City Administrator or an outside party not affiliated with the City of Ashland that is hired or selected by the City Administrator or City Attorney to conduct an appeals proceeding. (Ord 2971, added, 10/21/2008) Section 2.30.020 Administrative Appeals Process Any person aggrieved by the decision of a Department Head or Director may appeal such action to a Hearing Officer through the following procedures if the Ashland Municipal Code chapter granting the City Department Head or Director authority to make the decision expressly authorizes use of this appeals process. Land use decisions subject to AMC Chapter 18 shall not be subject to the appeals process in this Chapter. Appeals processes are as follows: A. A person appealing the Department Head' s or Director' s action shall, within 10 Days of such action and mailing of written notice, file a written notice of appeal with the City Recorder. The written notice of appeal shall include the name and address of the appellant, a statement of the authority or jurisdiction for the appeal, a statement of the appellant's standing or right to be heard, the nature of the decision being appealed, a short and plain narrative statement including the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the Ashland Municipal Code involved„ and the result the appellant desires on appeal. B. The City Recorder shall fix the time for the appeal to be heard by the Hearing Officer, place the hearing of the appeal upon the calendar of the Hearing Officer, and notify the appellant in writing of the time fixed no less than ten days prior to that time, unless the appellant agrees to a shorter time. C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council. D. The parties shall be entitled to appear personally and by counsel and to present such facts, evidence and arguments as may tend to support the respective positions on appeal. E. The Hearing Officer shall afford the parties an opportunity to be heard at an appeal hearing after reasonable notice. The Hearing Officer shall take such action upon the appeal as he or she sees fit. The Hearing Officer's decision shall be the final decision of the City, and it shall be issued in writing. The Hearing Officer shall at a minimum: Page 61 of 99 ASHLAND MUNICIPAL CODE 1) At the commencement of the hearing, the hearings officer shall explain the relevant issues involved in the hearing, applicable procedures and the burden of proof. 2) At the commencement of the hearing the hearings officer shall place on the record the substance of any written or oral ex parte communications concerning any relevant and material fact in issue at the hearing which was made to the officer outside the official proceedings during the pendency of the proceeding. The parties shall be notified of the substance of the communication and the right to rebut the communication. Notwithstanding the above, the Parties are prohibited from engaging in ex parte communications with the hearing officer. 3) Testimony shall be taken upon oath or affirmation of the witnesses. 4) The Hearings officer shall insure that the record developed at the hearing shows a full and fair inquiry into the relevant and material facts for consideration for the issues properly before the hearings officer. 5) A verbatim, written or mechanical record shall be made of all motions, rulings and testimony. The record need not be transcribed unless requested for purposes of rehearing or Court review. The City shall require a deposit for costs of transcription or a copy of such transcription. 6) Written testimony may be submitted under penalty of false swearing for entry into the record. All written evidence shall be filed with the City recorder no less than (5) five working days before the date of the hearing. 7) Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default. F. The action of the Department Head or Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. H. If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the City of Ashland for the appeal, including but not limited to the cost of hiring an independent Hearing Officer. (Ord 2992, amended, 10/06/2009; Ord 2971, added, 10/21/2008) Page 62 of 99 ASHLAND MUNICIPAL CODE Chapter 2.31 UNIFORM VIOLATION ABATEMENT PROCESS Sections: 2.31.010 Abatement Notice. 2.31.020 Abatement by a Person Responsible 2.31.030 Abatement by the City 2.31.040 Assessment of Costs and Entry of Lien 2.31.050 Abatement - Joint Responsibility 2.31.060 Other Methods of Collecting Abatement Costs 2.31.070 Summary Abatement Process 2.31.080 Additional Remedies Section 2.31.010 Abatement Notice A. Upon determination by the Code Compliance Officer that a violation of the Ashland Municipal Code exists that can be remedied by abatement, a Code Compliance Officer shall cause a notice of abatement to be served on the owner or person in charge of the property where the violation exists in accordance with 1.08.005.E [Service, Service by mail, etc.], directing the owner or person in charge of the property to abate the violation. B. The notice to abate shall contain: 1. a description of the real property by street address or otherwise, on which the violation exists; 2. a direction to abate the violation within ten (10) days from the date of posting; 3. a description of the violation and a reference to the ordinance or Code section number involved; 4. a statement that, unless the violation is removed, the City may abate the violation and the cost of abatement shall be charged to the person responsible, assessed against the property, or both; 5. a statement that the person responsible may protest the order to abate by giving written notice to the recorder within ten (10) days from the date of service in accordance with AMC 2.3 0.020 [Administrative Appeals Process]; 6. a statement that failure to abate a violation may result in abatement by the City and may also result in issuance of a civil violation citation; 7. if the person responsible is not the owner, an additional notice shall be sent to the owner, stating that all or part of the abatement costs not paid by the person responsible will be assessed to and become a lien on the property. C. On completion of service, the persons responsible for service shall execute and file certificates stating the date and place of service. D. An error in the notice mailed shall not make the notice void. E. The City is not required to post the property but may always provide posting at its discretion to facilitate notice with the responsible parties. (Ord 3010, added, 04/20/2010) Section 2.31.020 Abatement by a Person Responsible A. Within ten (10) days after service of the notice as provided in AMC 1.08.005.E [Service, Service by mail, etc.], a person responsible shall remove the violation or show that no violation exists by protesting the violation as provided herein. B. A person responsible, protesting the existence of a violation, shall, within ten (10) days after service, file with the city recorder a written notice of appeal specifying the basis for protesting in accordance with AMC 2.30.020 [Administrative Appeals Process]. Failure to file a written notice of appeal Page 63 of 99 ASHLAND MUNICIPAL CODE constitutes a waiver to any objection that the person may have to the finding that a violation exists or to the abatement of the violation by the City. C. After hearing the matter, the hearings officer may determine that no violation exists, determine that a violation exists and order its abatement, impose conditions on the person responsible, or delay the time for abatement of the violation. The hearings officer shall make written findings in support of its decision when a violation is determined to exist, and its decision shall be final. D. If the hearings officer determines that a violation does in fact exist, a person responsible shall abate the violation within ten (10) days after the hearing officer' s determination, unless the hearings officer has delayed the time for abatement pursuant to subsection C. (Ord 3010, added, 04/20/2010) Section 2.31.030 Abatement by the City A. If the violation has not been completely abated by a person responsible within the time allowed, the Code Compliance Officer may abate the violation or cause it to be abated. B. The Code Compliance Officer shall have the right at reasonable times to enter into or upon property in accordance with all laws, including search and seizure laws, to investigate or cause the removal of a violation. The City shall have the authority to dispose of all seized property in any lawful manner and shall, if practical, attempt to obtain salvage value for material that has a fair market value in excess of $25.00 per item. C. The Code Compliance Officer shall keep an accurate record of the costs incurred by the City in physically abating the violation. (Ord 3010, added, 04/20/2010) Section 2.31.040 Assessment of Costs and Entry of Lien A. The Code Compliance Officer shall serve the owner and the person responsible with a notice stating: 1. The total cost of abatement, including the administrative cost of abatement minus any salvage value; 2. The total cost of abatement will be assessed to the property and become a lien against the property unless it is paid within thirty (30) days of the date of service of the notice or a payment plan is configured to pay off the total amount owed and financial security is posted; 3. Until the 30-day notice has lapsed, the finance director shall temporarily enter the cost of abatement in the City's lien docket; 4. The finance director shall enter the cost of abatement in the City' s lien docket if any agreed upon payment plan is violated and execute on any security instrument provided; 5. That a written notice objecting to the cost of abatement may be filed with the finance director not more than ten days after the date the notice was mailed to the property owner or the person responsible. B. If an objection is received on or before the expiration of ten (10) days after the date the notice was served, the finance director, in the regular course of business, shall hear any timely objection and determine the costs to be assessed. The finance director's determination shall be by written order. C. The property owner or person responsible may appeal the finance director's decision pursuant to AMC 2.30.020 [Administrative Appeals Process]. An assessment of the costs of abatement shall be entered into the City's permanent lien docket and shall become a final lien on the property from which the violation was abated if the costs of the abatement are: 1) not appealed in a timely manner, 2) not paid within thirty (30) days from the date the notice was mailed, 3) or if any payment plan is violated. In the event of a timely objection or appeal, the costs, if any, shall be entered upon conclusion of the objection or appeal process. D. The lien shall bear interest at nine percent (9%) per annum or such other rate as established by Council resolution. The interest shall begin to run from the date of the entry of the lien in the lien docket. E. The City may include in one foreclosure proceeding as many accounts as the City may have against Page 64 of 99 ASHLAND MUNICIPAL CODE separate properties for abating violations and may proceed to assess and collect single lot assessments against each property in a single proceeding. F. An error in the name of the person responsible for abating the violation shall not void the assessment, nor will a failure to receive the notice of the total cost of abatement render the assessment void; the lien shall be a valid lien against the property. (Ord 3010, added, 04/20/2010) Section 2.31.050 Abatement - Joint Responsibility If more than one person is responsible for the violation, they shall be jointly and severally liable for abating the violation or for the costs incurred by the City in abating the violation. (Ord 3010, added, 04/20/2010) Section 2.31.060 Other Methods of Collecting Abatement Costs The costs assessed for abatement of a violation may be collected pursuant to ORS 30.310 or 30.315. (Ord 3010, added, 04/20/2010) Section 2.31.070 Summary Abatement Process A. The city may summarily abate any violation or nuisance on any property or premises which a Code Compliance Officer, in the exercise of reasonable discretion, determines poses an imminent danger or threat to the public' s health, safety or welfare. In the event a Code Compliance Officer makes such a determination, it shall be set out in writing and at a minimum include information on the following: 1. The location of the property where the violation constituting the imminent threat or danger is located; 2. The nature of said violation or condition; and 3. The attempts, if any, to contact the owner of the property and the reason(s) why said owner or responsible person did not abate the violation. B. In the event the code compliance officer makes the above written determination, the city need not provide pre-abatement notice consistent with Section 2.31.010; however, the city shall provide notice to the owner of the property within ten (10) days after the city' s abatement of the violation. Said notice shall include the following: 1. A copy of the written determination noted in 2.31.070.A; 2. A brief description of the action(s) the city took to abate the violation; and 3. The costs, if known, incurred by the city to abate the violation. C. The Code Compliance Officer shall have the right at reasonable times to enter into or upon property in accordance with all laws, including search and seizure laws, to investigate or cause the removal of a violation. The City shall have the authority to dispose of all seized property in any lawful manner and shall, if practical, attempt to obtain salvage value for material that has a fair market value in excess of $25.00 per item. (Ord 3010, added, 04/20/2010) Section 2.31.080 Additional Remedies The requirement to abate a violation is not a penalty for violating the Ashland Municipal Code; it is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the violation. (Ord 3010, added, 04/20/2010) Page 65 of 99 ASHLAND MUNICIPAL CODE Chapter 2.32 COUNSEL FOR INDIGENTS Sections: 2.32.010 Authorization 2.32.020 Appointments 2.32.030 Appointee - Compensation - Payment 2.32.040 Appointee - Compensation--Repaid when Section 2.32.010 Authorization Any indigent person charged in the municipal court with an offense for which, if convicted, the person may be sentenced to confinement in the county jail shall have the right to apply to the court for the appointment of an attorney to assist in the person's defense. Where any defendant makes such request and claims to be indigent and unable to secure legal counsel necessary to the person's defense, and the judge of the municipal court is satisfied to the sworn, written statement and examination of the defendant that the defendant is an indigent person lacking the resources to engage the service of an attorney to represent such person in the defense of the charge, the court shall be authorized to arrange for legal counsel for the defendant, at the expense of the city, in the manner prescribed by this chapter. Section 2.32.020 Appointments The judge presiding in any cause where the defendant is found to be indigent and unable to arrange for legal counsel as above set forth may cause a licensed private attorney to be appointed for such purpose. Section 2.32.030 Appointee - Compensation - Payment The attorney thus appointed shall be paid fair compensation for representation in the case. Section 2.32.040 Appointee - Compensation - Repaid when In the event an accused is found guilty and receives a suspended jail sentence or is placed on probation, the municipal judge may require repayment to the city of any attorney fees allowed. (Ord. 2811, 1998) Page 66 of 99 ASHLAND MUNICIPAL CODE Chapter 2.36 INITIATIVE AND REFERENDUM Sections: 2.36.010 Signatures - Number required 2.36.020 Filing Time 2.36.030 Deposit Required 2.36.040 Election--Notice Required 2.36.050 State and Municipal Law - Applicability 2.36.060 Chapter Effect 2.36.070 Special Elections 2.36.080 Enabling Advisory Elections Section 2.36.010 Signatures - Number required The signatures of duly qualified electors of the City equal to ten (10) percent of the total votes cast for Mayor at the last preceding City election shall be necessary to order a referendum on any ordinance passed by the City Council, and the signatures of duly qualified electors of said City equal to fifteen (15) percent of the total votes cast for Mayor at the last preceding City election shall be necessary to propose any measure by initiative process. (Ord. 1319 S6, 1962) Section 2.36.020 Filing Time A. General Elections. Petitions for proposed ordinances or Charter Amendments by initiative process shall be offered for filing, with the signatures and verifications complete, with the City Recorder not later than the eighty-eighth (88) day before the next regular City Election at which this proposed ordinance or amendment is to be submitted to the voters. B. Special Elections. Initiative petitions may call for special elections on the measures to be proposed. When such special election is requested the date on which the election is to be held shall be specified in the petition. Any petition under the initiative process calling for a special election shall be offered for filing with the City Recorder not less than sixty-three (63) days prior to the date fixed in such petition for special election. C. Referendum Petitions. Any petition for a referendum shall call for the election to be held at the next date available for either a special or general election, as provided by State law, which is not less than ninety-three (93) days from the date that the ordinance being referred was passed. (Ord. 1319 S8, 1962; Ord. 2812 S4, 1982) Section 2.36.030 Deposit Required Any person or persons, organization or organizations presenting or offering any initiative or referendum petition for final filing shall, at the time of offering said petition, deposit with the City Recorder either cash or a certified check drawn to the order of the City of Ashland, for a sum as established by Resolution of the City Council, which sum or check shall be held by the City Recorder until after the election and, in case the referred or proposed measure is defeated at such election, the entire cost of holding the election on such measure shall be paid from such deposit, and if any balance remains after payment of such election expense, such balance shall be returned to the proposer of any such measure. In the event any such initiative or referendum measure is enacted at the election held thereon, the entire amount of such deposit shall be returned to the proposer of such measure, and the expenses of such election shall be paid-by the City. This provision is made for the purpose of preventing the depletion of City funds by elections on matters in which the public is not interested and which have no merit. Page 67 of 99 ASHLAND MUNICIPAL CODE (Ord 2979, amended, 02/17/2009) Section 2.36.040 Election--Notice Required In the case of initiative or referendum measures to be voted upon at either general or special elections, the City Recorder shall give notice thereof in the manner and for the time as is required to be given in the case of special elections under the provisions of Section 3 of Art. VII of the City Charter, and may give such further notice of election as the City Council may, by motion in each particular case, require. (Ord. 1319 S 11, 1962) Section 2.36.050 State and Municipal Law--Applicability In all matters relating to the procedure under the initiative or referendum not covered by this ordinance, the City Charter and the laws of the State shall apply, except that the issuance and printing of the voter's pamphlet shall not be required on the part of the City. (Ord. 1319 S 13, 1962) Section 2.36.060 Chapter Effect This chapter is only drawn so as to affect the procedure under the initiative and referendum and has nothing to do with the calling of an election by the City Council for any purpose under the provisions of the City Charter. (Ord. 1319 S 14, 1962) Section 2.36.070 Special Elections If the Council determines that the subject of an initiative or referendum petition is of general public interest, and there is a general or primary election within one hundred twenty (120) days of the date requested in the petition, it may order the election to be held at such general or primary election. (Ord. 2458, 1988) (Ord. 1319, 1962, Ord. 2042, 1979, Ord. 2182, 1982, Ord. 2393, 1986; Ord. 2458, 1988) Section 2.36.080 Enabling Advisory Elections City Council may, by resolution, place on election ballots City advisory measures, questions, or propositions on matters beyond the scope of the City' s power to enact legislation. By initiative petition, electors registered in the City of Ashland may place on election ballots City advisory measures, questions, or propositions on matters beyond the scope of the City' s power to enact legislation. The procedures for placing such advisory measures, questions, or propositions on election ballots by initiative petition shall be those set forth in current Oregon Revised Statutes 250.255 to 250.355 or in subsequent revisions thereof. (Ord 3072, added, 08/08/2012) Page 68 of 99 ASHLAND MUNICIPAL CODE Chapter 2.40 NOMINATION OF CANDIDATES FOR CITY OFFICE Sections: 2.40.010 State Statutes Adopted 2.40.020 Nominating Petitions Time Limit Section 2.40.010 State Statutes Adopted That portion of Chapter 249 of the Oregon Revised Statutes with regard to the election of candidates for offices in the City by means of placing names of the candidates upon the ballot of the general election is adopted by reference. (Ord 2880, Amended, 04/04/2002) Section 2.40.020 Nominating Petitions Time Limit All nominating petitions of candidates for City offices shall be filed with the Office of the City Recorder not sooner than the date specified in ORS 221.180, and not later than the date provided in Article VII, Section 2, of the Ashland City Charter, which is 12 days before the date the Recorder must file the same with the County Clerk. (Ord 2880, Amended, 04/04/2002) Page 69 of 99 ASHLAND MUNICIPAL CODE Chapter 2.41 VOLUNTARY CONTRIBUTION & SPENDING LIMITS FOR CANDIDATES FOR CITY OFFICES Sections: 2.41.010 Definitions 2.41.020 Contribution and Expenditure Exclusions 2.41.040 Expenditure Limit Definitions 2.41.050 Expenditure Limits 2.41.060 Declaration of Limits on Expenditures 2.41.070 Expenditures Not Qualifying as an Independent Expenditure 2.41.080 Procedures and Appeals 2.41.100 Recorder Responsibilities 2.41.110 Publication Section 2.41.010 Definitions The words and phrases used in this chapter shall be construed as defined in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.020 Contribution and Expenditure Exclusions Contribution and Expenditure Exclusions shall be as defined and set forth in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.040 Expenditure Limit Definitions The words and phrases used in this chapter, including specifically Expenditure Limit Definitions, shall be construed as defined in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.050 Expenditure Limits A. A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of .246 times the number of registered voters on April 1 of each year for any public office. B. For purposes of this section, attributable expenditures made prior to the applicable special, primary or general election reporting period in consideration for goods to be delivered or services to be rendered solely during the special, primary or general election reporting period shall be charged against the expenditure limits described in subsections A of this section in the reporting period during which the goods or services are delivered. C. A candidate or political committee described in subsections A of this section who have filed a declaration under this section stating that the candidate or committee will not make attributable expenditures with respect to the special, primary and general election in excess of the limits described in subsections A and B of this section shall not be bound by the declaration if any opposing candidate or political committee for the same public office at the same election has not filed a declaration indicating that the candidate or political committee will limit expenditures or has filed the statement but has made expenditures exceeding the applicable limit. (ORD 2794, S7 1997) Page 70 of 99 ASHLAND MUNICIPAL CODE D. The recorder is authorized to adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CPI-U) December to December. (Ord 2994, amended, 10/06/2009) Section 2.41.060 Declaration of Limits on Expenditures A. The declaration of limits on expenditures filed under section 2.41.050 shall certify that with respect to the special, primary or general election, the candidate or the principal campaign committee of the candidate or political committee will not incur attributable expenditures in excess of the applicable expenditure limit described in section 2.41.050. B. The recorder shall prescribe forms for the filing of the information required by this section. The forms shall also include the name of the candidate by which the candidate is commonly known and by which the candidate transacts important private or official business. (ORD 2794, S8 1997) C. The declaration shall be filed with the recorder: 1. For a candidate, not later than the date the candidate files the name of the candidate's campaign treasurer; and 2. For a political committee, not later than the date that the name of a treasurer is certified to the recorder under ORS 260.035 or 260.037. (Ord 2994, amended, 10/06/2009) Section 2.41.070 Expenditures Not Qualifying as an Independent Expenditure Expenditures Not Qualifying as an Independent Expenditure shall be as defined and set forth in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.080 Procedures and Appeals A. With respect to any election, the recorder shall examine each contribution and expenditure statement of each candidate and political committee who filed a declaration of limitation on expenditures under section 2.41.050 to determine whether any candidate or political committee exceeded the applicable expenditure limit. If the recorder determines after any filing that a candidate or political committee has exceeded the applicable expenditure limit, the recorder shall send a notice of the recorder's determination to the candidate or the treasurer of the political committee. Notice shall be sent by certified mail, return receipt requested. If the recorder determines that the recorder or any candidate for election to an office for which the recorder is also a candidate for election has exceeded the applicable expenditure limit, the information shall be sent to the city attorney, who shall be substituted for the recorder in any enforcement proceeding under this section and section 2.41.090. The notice also shall state that the candidate may appeal the recorder's or the city attorney's determination as provided in this section. B. An Appeal of the City Recorder or City Attorney' s determination under subsection A shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30., except that the appeal shall be filed and processed in the office of the City Administrator and the Hearing Officer will be selected by City Council. The appeal must be filed within ten (10) calendar days of the date of mailing of the notice of determination. (Ord 2994, amended, 10/06/2009) Section 2.41.100 Recorder Responsibilities The recorder shall: A. Prescribe forms for declarations required by section 2.41.050, and furnish the forms to persons required to file. B. Investigate when appropriate under the provisions of sections 2.41.040 to 2.41.090. Page 71 of 99 ASHLAND MUNICIPAL CODE (Ord 2994, amended, 10/06/2009) Section 2.41.110 Publication A. The recorder shall: 1. For each candidate and political committee described in section 2.41.050, publish a statement in a newspaper of general circulation and published in the City, and any other medium the recorder shall deem appropriate, indicating whether or not the candidate has agreed to limit expenditures under section 2.41.050. 2. Include the statement described in subsection 1 on the nominating petitions of all prospective candidates for public office. B. If a candidate or political committee described in section 2.41.050 has agreed to limit expenditures, but is not bound by the agreement because an opponent or opposing political committee of the candidate or political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable expenditure limit, the published statement described in subsection 2.41.110.A.1 shall indicate that the candidate or political committee has agreed to limit expenditures and that the candidate or political committee is not bound by the agreement because an opponent of the candidate or opposing political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable spending limit. (ORD 2794, S 10 1997) C. If the recorder or the city attorney finds under section 2.41.080 that a candidate described in section 2.41.050 filing a declaration of limitation on expenditures under section 2.41.050 has exceeded the applicable expenditure limit, at the next election at which the candidate is a candidate for election to public office, the recorder shall publish a statement, in a newspaper of general circulation and published in the City, indicating that the candidate violated a previous declaration of limitation on expenditures under section 2.41.050. The statement required by this subsection shall identify the date of the election at which the candidate exceeded the applicable expenditure limit. (Ord 2994, amended, 10/06/2009) Page 72 of 99 ASHLAND MUNICIPAL CODE Chapter 2.42 CRIMINAL RECORD INFORMATION Sections: 2.42.010 Purpose 2.42.020 Procedure Section 2.42.010 Purpose The purpose of this ordinance is to authorize the City of Ashland Police Department to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) for potential employees, volunteers, and city contractors in accordance with applicable state laws. Criminal history information is necessary to make informed hiring decisions and to reduce the risk of claims against the City of Ashland, for negligent hiring, among other claims. (Ord 2963, added, 09/02/2008) Section 2.42.020 Procedure A. All potential employees, volunteers, and city contractors shall be required to authorize the City to conduct a criminal offender information check through the OSP LEDS system. B. The Ashland Police Department will conduct the check on potential employees, volunteers, or city contractors and report to the Human Resources Department that the applicant either has a criminal history or does not have a criminal history. Use of the LEDS system shall be subject to the City's agreement with the OSP for such use and such other purposes and in accordance with the terms and conditions imposed by statutes, rules, or regulations. Information obtained from the LEDS system shall be deemed personal and private information, which shall be kept confidential and destroyed at such time as the other application materials are destroyed in accordance with public records law. C. If the applicant has a criminal history, the Human Resources Department may request a written criminal history from the OSP Identification Services Section after paying the applicable fee. The Human Resources Department shall make the written criminal history record available to the selecting official for his/her consideration when determining whether to hire the applicant. For purposes of this ordinance the "selecting official" is the City officer or employee making the hiring, contracting or volunteer use decision who is not disqualified from examining confidential LEDS ►material. D. Potential employees, volunteers, or city contractors that have felony convictions or misdemeanor convictions for crimes of moral turpitude will be closely examined by the selecting department heads or other city officials to determine if the applicant possesses the required degree of public trust and confidence. However, each selection will be made on an individual case by case basis, taking into account the: 1) Applicant's qualifications, 2) Requirements of the position, 3) Public sensitivity of the position under consideration, and 4) Results of the criminal history check, such as the applicant' s age at the time of the offense, date of the offense, type of offense, and any subsequent rehabilitation. E. The criminal history record of applicants that are hired or selected will become a part of the confidential personnel file of that person. Access to confidential personnel files is limited to authorized persons who have an official need to access such files as allowed by law or regulation. (Ord 2963, added, 09/02/2008) Page 73 of 99 ASHLAND MUNICIPAL CODE Chapter 2.44 POLICE DEPARTMENT--HANDLING OF PROPERTY Sections: 2.44.010 Custody of property 2.44.020 Surrender to true owner 2.44.030 Sale procedure 2.44.040 Certificate of title Section 2.44.010 Custody of property Whenever any personal property, other than abandoned motor vehicles, is taken into the custody of any Department by reason of seizure, abandonment or for any other reason, the personal property shall be held by the Police Department at the expense of the owner or person lawfully entitled to possession thereof. (Ord. 1408 S 1, 1965) Section 2.44.020 Surrender to true owner Within sixty (60) days after such property is taken into possession, except when confiscated or held as evidence, the owner or person lawfully entitled to possession may reclaim the same upon application to the Police Department, submission of satisfactory proof of ownership or right to possession, and payment of charges and expenses, if any, incurred in the storage, preservation, and custody of the property. (Ord. 1408 S2, 1965) Section 2.44.030 Sale procedure A. At any time after said sixty (60) day period, the Police Chief shall sell at public auction any unclaimed property and any property which has been confiscated and not ordered destroyed, except such property held as evidence in any legal or court proceeding. Notice of the time and place of sale shall be given once by publication in a newspaper of general circulation in the City not less than ten (10) days before the date of sale. The notice shall contain a description of the property to be sold. B. All sales of any such property shall be for cash to the highest bidder. The proceeds of a sale shall be credited to the general fund and said sale shall be without redemption. (Ord. 1408 S3, 1965) Section 2.44.040 Certificate of title At the time of the payment of the purchase price, the Police Chief shall execute a certificate of sale in duplicate, the original to be delivered to the purchaser and a copy to be kept on file in the office of the Finance Director, which certificate shall contain the date of sale, the consideration paid, a brief description of the property and a stipulation that the City does not warrant the condition or title of such property other than the return of the purchase price in case the title is for any reason invalid. The certificate of sale shall be substantially in the following form: "CERTIFICATE OF SALE This is to certify that under the provisions of Ordinance No. and pursuant to due notice of time and place of sale, I did on the day of , 19 , sell at public auction to for the sum of $ cash, being the highest and best bidder, and that being the highest and best sum bid therefore, the following described personal property, to-wit: (Brief description of property) Page 74 of 99 ASHLAND MUNICIPAL CODE and in consideration of the payment of the said sum of $ , receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property. Dated this day of , 19 Police Chief Note: The City of Ashland assumes no responsibility as to condition of title of the above described property. In case this sale shall for any reason be invalid, the liability of the City is limited to return of the purchase price." (Ord. 1408 S4, 1965) Page 75 of 99 ASHLAND MUNICIPAL CODE Chapter 2.48 POLICE DEPARTMENT--SPECIAL SERVICE FEES Sections: 2.48.010 Fees 2.48.020 Request for information--Form 2.48.030 Requests for information--Release 2.48.040 Request for information--Conditions 2.48.050 Fees- Records Section 2.48.010 Fees The Police Department shall charge and collect fees at the time special services are performed. The fees for such services shall be established by Resolution of the City Council. (See Resolution #94-23) (Ord. 1719, S 1, 1972; Ord. 1958, 1978; Ord. 2235 S 1, 1983; Ord. 2622 S 1, 1991) Section 2.48.020 Request for information - Form All requests for information shall be made in writing on forms furnished by the Police Department. (Ord. 1719 S2, 1972) Section 2.48.030 Requests for information - Release Private attorneys who request an original document are to be informed that they may secure the same for use in court only through the use of a court subpoena directed to the Chief of Police. All forms for information shall be in writing, however the filled out form shall not be construed as granting the request if, in the judgment of the Chief of Police, the information cannot be released. (Ord. 1719 S3, 1972) Section 2.48.040 Request for information - Conditions Nothing in this chapter shall be construed as applying to any city, county, state or federal agency or division thereof which shall make a request for any of the above information nor shall such article be interpreted as giving to any person the right to secure any report or other information not now available to said organization upon request. (Ord. 1719 S4, 1972) Section 2.48.050 Fees- Records The Police Department shall keep a full and complete record of all fees collected under the authority of this chapter and remit same to the City Recorder. The City Recorder shall credit the amounts so received to the general fund. (Ord. 1719 S5, 1972) Page 76 of 99 ASHLAND MUNICIPAL CODE Chapter 2.50 RULES OF PROCEDURE FOR PUBLIC CONTRACTING Sections: 2.50.010 Short Title 2.50.020 Purpose 2.50.030 Adoption of State Law 2.50.040 Definitions 2.50.050 Applicability 2.50.060 Local Contract Review Board Authority 2.50.070 Public Contracting Officer Authority 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals 2.50.090 Exemptions from Formal Competitive Selection Procedures 2.50.095 Additional Requirements for Exemptions Pursuant to 2.20.090(I) 2.50.100 Informal Process - Process for Exempt Procurements 2.50.110 Electronic Advertisement of Public Contracts 2.50.120 Personal Services Contracts 2.50.125 Cost and Feasibility Determinations 2.50.130 Record Keeping 2.50.140 Protests of Procurement Process & Solicitation Award Section 2.50.010 Short Title The provisions of this chapter and all rules adopted hereunder may be cited as the Ashland Public Contracting Code. (Ord 3013, added, 05/18/2010; Ord 2934, Replaced, 11/21/2006; Ord 2917, Amended, 03/01/2005; Ord 2857, Amended, 06/20/2000) Section 2.50.020 Purpose The purpose of the Ashland Public Contracting Code is to utilize public contracting practices and methods that maximize the efficient use of public resources and the purchasing power of public funds by: A. Promoting open and impartial competition; B. Using solicitation materials that are complete and contain a clear statement of contract specifications and requirements; C. Taking full advantage of evolving procurement methods that suit the contracting needs of the City; and D. Providing direction to city staff regarding purchasing practices and purchasing authority those results in a systematic and uniform administration of public contracts. The City shall endeavor to utilize local suppliers of materials and services whenever practical and feasible while seeking to obtain the lowest and best responsible bid, quotation or proposal. (Ord 3013, added, 05/18/2010; Ord 2934, Replaced, 11/21/2006; Ord 2917, Amended, 0310112005; Ord 2857, Amended, 06/20/2000) Section 2.50.030 Adoption of State Law Except as specifically provided herein, or by subsequent ordinance or resolution, the Model Rules, Oregon Administrative Rules (OAR) Chapter 137, Divisions 46, 47, and 49, adopted by the Attorney General under ORS Chapters 279A, 27913, and 279C, as they now exist, are hereby adopted as the City of Ashland' s Public Contracting Code. A copy of the Oregon Public Contracting Code and Model Rules shall be Page 77 of 99 ASHLAND MUNICIPAL CODE maintained in the City Recorders Office. Words and phrases used in these rules that are defined in Oregon Revised Statutes (ORS) Chapters 279A, 279B, 279C, and in the Model Rules shall have the same meaning as in those statutes and rules, except as may be provided for herein. In the event that the rules adopted by the local contract review board do not address a particular situation, the Model Rules apply. (Ord 3013, added, 05/18/2010) Section 2.50.040 Definitions Words and phrases that are used and defined in the Model Rules and the Oregon Public Contracting Code shall have the same meaning as in those statutes and rules, except for the following: A. "City Attorney" shall mean the Ashland City Attorney or his/her designee as specified by written order. B. "Department" shall mean City of Ashland instead of Oregon Department of Administrative Services. C. "Director" shall mean Public Contracting Officer as defined in this section instead of the Director of Administrative Services. D. "Findings" are the statements of fact that provide justification for a determination. Findings may include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations; value engineering; specialized expertise needed; public safety; market conditions; technical complexity; availability; performance and funding sources. E. "Finance Director" shall mean the Ashland Finance Director or his/her designee as specified by written order. F. "Local Contract Review Board" shall mean the Ashland City Council. G. "Public Contracting Officer" means the City Administrator or his/her designee as specified by written order. H. "Model Rules" means the public contracting rules adopted by the Attorney General under ORS 279A.065 and adopted by AMC 2.50.030. 1. "Oregon Public Contracting Code" means ORS Chapters 279A, 279B and 279C. J. "Personal services contract" means a contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The Public Contracting Officer shall have discretion to determine whether additional types of services not specifically mentioned in this paragraph fit within the definition of personal services. (Ord 3013, added, 05/18/2010) Section 2.50.050 Applicability The Ashland Public Contracting Code shall apply to procurements by all City departments and divisions, including Ashland Parks and Recreation. (Ord 3013, added, 05/18/2010) Section 2.50.060 Local Contract Review Board Authority The Local Contract Review Board shall have all the duties and authority of a contracting agency that are granted under state and local law. The Local Contract Review Board may delegate its powers and responsibilities by ordinance, resolution, or board order consistent with the Model Rules and the Oregon Public Contracting Code. (Ord 3013, added, 05/18/2010) Page 78 of 99 ASHLAND MUNICIPAL CODE Section 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; 2. Contract for all personal services as long as the contract price does not exceed $75,000; and 3. Sell or dispose of all personal property of the city in accordance with AMC 2.54. Contracts approved under this section require no further approvals by the Local Contract Review Board. B. Except when this Chapter, or the Oregon Public Contracting Code and Model Rules, specifically requires the Local Contract Review Board to take action or exercise its discretion and delegation is not allowed, any act required or permitted to be performed by an "agency," "head of a contracting agency," "local contract review board" or the "director" under the Model Rules or Oregon Public Contracting Code shall be performed by the Public Contracting Officer. C. The Public Contracting Officer may develop such forms that are convenient to the administration of the City' s contracts and may promulgate procedures reasonably necessary to accomplish the purposes of this Chapter, the Model Rules, and the Oregon Public Contracting Code. The City Attorney may promulgate standard forms for use by the Public Contracting Officer. (Ord 3013, added, 05/18/2010; Ord 2934, Replaced, 11/21/2006; Ord 2917, Amended, 0310112005; Ord 2857, Amended, 06/20/2000) Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: A. The Finance Director must sign off that there are appropriate funds for the project before the project is put out for bids. B. The City Attorney must determine that the contract is appropriate as to form before the project is put out for bids. In addition, the City Attorney shall review all formal competitive solicitations or formal competitive bids to ensure that the appropriate process is being followed. C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. D. Electronic Solicitation. Competitive sealed bids and competitive sealed proposals may be available online, but applicants will NOT be able to submit their proposals and/or responses online. Bids and proposals must be delivered in hard copy form to the City in accordance with the requirements for the competitive solicitation. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. (Ord 3039, amended, 11/07/2010; Ord 3013, added, 05/18/2010; Ord 2934, Replaced, 11/21/2006; Ord 2917, Amended, 03/01/2005) Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: A. Contracts listed in ORS 279A.025(2). B. Purchases through federal programs as set forth in ORS 279A.180. C. Public Improvement Contracts that qualify for exemption as set forth in 279C.335. D. Small Procurements - a public contract not exceeding $5,000. 1. Small Procurements shall be awarded in accordance with ORS 279B.065, OAR 137-047-0800, OAR 137-047-0265 and all other applicable provisions of law. Page 79 of 99 ASHLAND MUNICIPAL CODE E. Intermediate Procurements - a public contract for goods and services greater than $5,000 and less than $100,000. 1. Intermediate Procurements shall be awarded in accordance with ORS 27913.070, OAR 137-047-0800, OAR 137-047-0270 and other applicable provisions of law. F. Sole Source Procurements - a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 27913.075 and all other applicable provisions of law. G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. H. Emergency Procurements - a public contract that is necessary because an emergency exists meaning there are circumstances creating a substantial risk of loss, damage, interruption of services or threat to public health, safety, welfare, or property that could not have been reasonably foreseen and requires prompt execution of a public contract to remedy the condition. 1. Emergency procurements shall be awarded in accordance with ORS 27913.080 and all other applicable provisions of law. 1. The following classes of contracts are hereby specifically exempted from the Oregon Public Contracting Code and Model Rules pursuant to ORS 279A.025(t): 1. Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded as long as no material change is made to the terms, conditions, or prices of the original contract. 2. Contracts for licenses and maintenance of computer hardware, computer software, and telecommunications products (including cable, video and television products). 3. Purchase of items or services of an artistic nature, including, but not limited to public art. 4. Contracts for removal, cleanup or transport of hazardous materials. As used in this Subsection, "hazardous materials" include any material or substance which may pose a present or future threat to human health or the environment, including Hazardous Waste as that term is used in the Resources Conservation and Recovery Act (42 USC 6901 et seq.). 5. Contracts for purchase of used motor vehicles, defined as any motor vehicle that is at least one year old. 6. Contracts for the purchase of used heavy construction equipment. 7. Contracts for the purchase of copyrighted materials where there is only one supplier available within a reasonable purchase area for such goods. 8. Contracts for the purchase of advertising, including legal advertising intended for the purpose of giving public notice. 9. Contracts for the purchase or sale of all utilities including, but not limited to, electric power, gas, water, sewage, internet, cemetery lots, cable and telecommunication services, and the sale of telecommunication materials or products or other services, materials or products traditionally provided by the City. 10. Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state or local regulating authority. (Ord 3039, amended, 11/07/2010; Ord 3013, added, 05/18/2010) Section 2.50.095 Additional Requirements for Exemptions Pursuant to 2.20.090(I) Page 80 of 99 ASHLAND MUNICIPAL CODE Any contract exempted under 2.20.090(I) shall additionally satisfy these criteria: A. The performance bond requirements of ORS 279C.375 and 279C.380, unless an emergency exemption exists in accordance with the Oregon Public Contracting Code and Model Rules. B. The construction and landscape contractor registration and requirements of ORS Chapter 671.630 et seq. and Chapter 701; C. Any other law applicable to such a contract; and, D. To the extent that BOLI applies, the City and the contractor shall comply with the prevailing wage provisions of ORS 279C.800 - 279C.870. (Ord 3013, added, 05/18/2010; Ord 2934, Replaced, 11/21/2006) Section 2.50.100 Informal Process - Process for Exempt Procurements The following process shall apply to all contracts that are exempt from formal competitive selection procedures in AMC 2.50.090. A. The Public Contracting Officer is responsible for determining whether a project is subject to an exemption pursuant to AMC 2.50.090 that will allow a process other than a formal solicitation. Except for small procurements and emergency procurements, it is the responsibility of the Public Contracting Officer to evaluate whether an exemption exists and write findings consistent with Oregon law to document the exemption. A copy of the written findings shall be given to the City Attorney. If an exemption is approved all applicable provisions of the Oregon Public Contracting Code and the Model Rules must be followed. Notwithstanding the exemptions, the City Attorney, the Public Contracting Officer, or Local Contract Review Board may require a formal competitive solicitation to ensure the purposes of this Chapter. B. Except for small procurements equal to or less than $5,000, and emergency procurements, any informal procurement process, listed in AMC 2.50.090 shall require the Public Contracting Officer to obtain written authorization from the Finance Director to ensure that adequate funds are available for the project. C. For intermediate procurements of any amount the contracting agency shall use a written solicitation to obtain quotes, bids, or proposals. D. For all contracts over $5,000 the City Attorney must determine that the contract is appropriate as to form before the contract is awarded. Use of a City standard form contract negates the need for legal sign off on all informal contracting processes. E. After the procurement process is complete, the Public Contracting Officer must execute the procurement contract, and the Finance Director must endorse the amount of the contract ifthe value of the contract exceeds the amount originally approved by the Finance Director on the requisition documents. F. The Public Contracting Officer must execute any change orders or amendments to the contract that are authorized under the Oregon Public Contracting Code or the Model Rules. (Ord 3039, amended, 11/07/2010; Ord 3013, added, 05/18/2010; Ord 2934, Replaced, 11/21/2006) Section 2.50.110 Electronic Advertisement of Public Contracts The City may publish the advertisement for Offers by posting it on the website of the city, or if applicable, another governmental entity as long as the content required by the Model Rules and Oregon Public Contracting Code is available. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. (Ord 3013, added, 05/18/2010) Section 2.50.120 Personal Services Contracts A. A personal service contract that does not exceed $35,000 may be awarded by direct appointment. Personal Services Contracts that are for contract amounts greater than $35,000, but less than $75,000 shall follow the process for Intermediate Procurements as outlined above. In addition, for personal Page 81 of 99 ASHLAND MUNICIPAL CODE services contracts greater than $5,000, but less than $75,000, the Public Contracting Officer shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. 1. Class Exemption - Attorney Services. Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed attorneys, stenographers and other legal services are exempt from the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Attorney. The City Attorney shall obtain City Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $50,000 prior to entering into the contract. In addition, except for legal counsel hired by the City to provide legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall select and retain all outside legal counsel hired by the City subject to the approval of the City Council. 2. Pre-qualified Pool Exemption. The City may directly award a personal services contract that does not exceed $100,000 to a provider that has been selected to be on a list of: a. The City's current list of qualified providers through a formal process; or b. From another public contracting agency' s current list of qualified providers as long as the public contracting agency uses a process substantially similar to the City's to derive the list. 3. Continuation of Work Exemption. Personal service contracts of not more than $100,000 for the continuation of work by a contractor who preformed preliminary studies, analysis or planning for the work under a prior contract may be awarded without competition if the prior contract was awarded under a competitive process and the Public Contracting Officer determines that use of the original contractor will significantly reduce the costs of, or risks associated with, the work. B. The Local Contract Review Board is hereby opting out of OAR 137-048 regarding architectural, engineering, and land surveying services. C. The standard procurement rules adopted above shall apply to such contracts, as well as the following personal services selection criteria: 1. Specialized experience in the type of work to be performed; 2. Capacity and capability to perform the work, including any specialized services within the time limitations for the work; 3. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration where applicable; 4. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable; 5. Cost of the services; and 6. Any other factors relevant to the particular contract. (Ord 3039, amended, 11/07/2010; Ord 3013, added, 05/18/2010; Ord 2934, Replaced, 11/21/2006) Section 2.50.125 Cost and Feasibility Determinations The Public Contracting Officer shall make written cost or feasibility findings pursuant to ORS 279B. 030. If the Public Contracting Officer is performing a cost analysis pursuant to ORS 279B.033, the Public Contracting Officer shall add a profit margin of ten percent (10%) of the cost of the project when estimating the total cost of hiring a contractor. (Ord 3013, added, 05/18/2010) Section 2.50.130 Record Keeping All records shall be retained in accordance with OAR 137-047-0620. To facilitate contract file record keeping and reduce accounting and auditing difficulties in having dispersed contract files, each city Page 82 of 99 ASHLAND MUNICIPAL CODE department will maintain a complete file on all contracts executed on behalf of that department. Information to be included in the file shall include, at a minimum: A. Any and all invitation for bids, requests for proposals, and any advertisements; B. Council consent authorizing contract execution when applicable; C. Copies of the signed contract, any required insurance certificates, bonds, or other bid security; D. Any approved Local Contract Review Board waivers; and E. List of who the solicitation documents were sent out to or the list of plan holders. The City Recorder's Office shall retain the original executed contract as well as original copies of any required insurance certificates, performance bonds, and payment bonds or other bid security. The department which is responsible for the procurement shall continually monitor insurance certificates to ensure the City remains an additional insured and that the other party has sufficient coverage. (Ord 3013, added, 0511812010) Section 2.50.140 Protests of Procurement Process & Solicitation Award A. The Uniform Administrative Appeals Process outlined in AMC 2.30 shall apply to all protests of the procurement process and award of public contracts except that the timelines of this section shall govern when determining whether an appeal is filed timely. B. Timelines for Submitting Protests. 1. Protests regarding the processor specification shall be received no later than ten (10) calendar days prior to bid closing. 2. Protests regarding the award of the contract shall be received within seven (7) calendar days from the notice of intent to award the public contract. C. Failure to strictly comply with the applicable protest requirements, including but not limited to the required elements for the written protest required by the Model Rules and the Oregon Public Contracting Code, payment of the applicable appeal fee pursuant to AMC 2.30, and time for filing as specified in this section, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. (Ord 3013, added, 0511812010) Page 83 of 99 ASHLAND MUNICIPAL CODE Chapter 2.54 Disposal of Surplus Property Sections: 2.54.010 Disposal of Surplus and Abandoned Property 2.54.020 Definitions 2.54.030 Surplus Property Offered to Government & Non-Profits 2.54.040 Surplus Property Offered for Public Sale 2.54.050 Conduct of Auctions and Sealed Bid Sales 2.54.060 Eligibility 2.54.070 Payment 2.54.080 Promulgation of Disqualifying Criteria by Resolution 2.54.090 Claiming Items 2.54.100 Other Means of Disposal of Surplus Property 2.54.110 Proceeds from Surplus Property Section 2.54.010 Disposal of Surplus and Abandoned Property The City of Ashland Finance Department may transfer, trade, auction or sell surplus or abandoned property to other city departments, political subdivisions, state agencies, or non-profit organizations. However, the disposal of surplus property having residual value of more than $10,000 shall be subject to authorization by the Local Contract Review Board. (Ord 3018, amended, 06/01/2010) Section 2.54.020 Definitions The following definitions apply to this chapter: A. "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by the bidder. B. "Cash" means U.S. currency, cashier's checks, and money orders made payable to the City of Ashland. C. "Employee's Household" means all persons residing with employee. D. "Employee's Immediate Family" mean the children, step-children, parents, stepparents, grandparents and spouse of employee. E. "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also known as a bid advertisement. F. "Not-for-profit organization" means a nonprofit corporation as defined in ORS 307.130. G. "Political Subdivision" means divisions or units of Oregon local government having separate autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local governing authority. H. "Purchasing Agent" means the City Administrator or his or her designee. 1. "State agency" means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury, and includes the Legislative Assembly and the courts, including the officers and committees of both, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices as defined in ORS 279A.250(4). Page 84 of 99 ASHLAND MUNICIPAL CODE J. "Surplus Property" means all personal property, vehicles and titled equipment property designated as surplus for sale to state agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof. (Ord 3018, amended, 06/01/2010) Section 2.54.030 Surplus Property Offered to Government & Non-Profits A. Prior to offering surplus property for public sale, the Surplus Property may be made available by direct transfer or direct sale to the following: 1. Other City departments, 2. Political Subdivisions, 3. State Agencies, and 4. Any non-profit organization determined to be eligible by the Purchasing Agent. B. Surplus Property acquired by political subdivisions, state agencies, or qualified not-for-profit organizations through direct sales or transfers must be used only in the conduct of their official public programs. C. Surplus Property must not be acquired through warehouse floor sales or direct transfer for any use or purpose other than conduct of their official public programs, and not for resale or distribution unless otherwise pre-approved by the Purchasing Agent. D. Non-qualifying private entities and private citizens, separately or combined, must not be eligible to acquire surplus property except at public sales. (Ord 3018, amended, 06/01/2010) Section 2.54.040 Surplus Property Offered for Public Sale A. The Purchasing Agent must conduct public sales for the disposal of Surplus Property. B. Methods of disposal may include, but are not limited to: oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof. (Ord 3018, amended, 06/01/2010) Section 2.54.050 Conduct of Auctions and Sealed Bid Sales A. The Purchasing Agent must advertise the date, time and location of public auction or sealed bid sales. B. An invitation to Bid must be available at the auction site of an auction or sealed bid sale. C. The public may inspect property offered for sale at the time and place specified in the invitation to Bid; D. The Purchasing Agent reserves the right to reject any and all bids regarded as not in the best interests of the City of Ashland; E. All items must be sold to the highest Bidder. All Surplus Property must be offered "As-Is, Where-Is" with no warranty or other guarantee as to its condition or fitness for use. A purchaser or disappointed Bidder does not have recourse against the City of Ashland or any of their respective officers, employees or agents. F. All sales must be final. (Ord 3018, amended, 06/01/2010) Section 2.54.060 Eligibility A. Members of the general public may participate as buyers at public sales. Page 85 of 99 ASHLAND MUNICIPAL CODE B. No employee or volunteer of the donating Department and/or Purchasing, whether full-time, part-time, temporary or unpaid volunteer, or any member of the employee's household, the employee's immediate family, or any person acting on the employee's behalf may participate in public sales if the employee has had any role in declaring the item surplus, processing the item or related paperwork, or offering it for sale. (Ord 3018, amended, 06/01/2010) Section 2.54.070 Payment Full payment must be made within five (5) business days, unless otherwise specified in the invitation to Bid. Payment must by made by cash, cashier's check or money order. The methods of payment, time limit for making full payment, and the place where payment must be made will be specified in invitation to Bid. (Ord 3018, amended, 06/01/2010) Section 2.54.080 Promulgation of Disqualifying Criteria by Resolution The Purchasing Agent may establish criteria to disqualify participants from surplus sales pursuant to this Chapter by Resolution. Such criteria may be based on: A. Conviction of fraud; B. Inappropriate conduct; C. Failure to claim purchases; or D. Other documented activities determined by the Purchasing Agent to warrant disqualification. (Ord 3018, amended, 06/01/2010) Section 2.54.090 Claiming Items A. Items that are not paid for in full and claimed by the time specified in the Invitation to Bid will be offered to the next highest bidder. B. Property paid for, but not claimed within the time specified in the Invitation to Bid must be considered abandoned and ownership must default back to the City of Ashland, unless prior approval is obtained from the City of Ashland Purchasing Agent. C. Title to the property sold will be transferred to the purchaser when payment is made in full. D. An Oregon Motor Vehicles Division trip permits must be obtained to drive unlicensed motor vehicles that are purchased. The purchaser will be responsible for obtaining a trip permit and certifying that the driver of the vehicle has a valid driver's license and is insured as required by Oregon law before a trip permit can be issued. (Ord 3018, amended, 06/01/2010) Section 2.54.100 Other Means of Disposal of Surplus Property A. With the prior approval of the Purchasing Agent, an authorized designee may transfer computers and related hardware that are surplus, obsolete or unused to a common or union high school district or education service district. The authorized designee may not charge the school district a fee for the transfer. B. The Purchasing Agent may recycle or otherwise dispose of property when the Purchasing Agent determines the value and condition of the property does not warrant the cost of a sale. (Ord 3018, amended, 06/01/2010) Section 2.54.110 Proceeds from Surplus Property Page 86 of 99 ASHLAND MUNICIPAL CODE The Purchasing Agent shall determine what fund and/or funds will be credited with the proceeds received from the disposal of surplus property. (Ord 3018, amended, 06/01/2010) Page 87 of 99 ASHLAND MUNICIPAL CODE Chapter 2.56 CITY BAND Sections: 2.56.010 Band Board Established Membership 2.56.025 Powers and Duties Generally 2.56.030 Director Appointment, Duties, Compensation 2.56.040 Budget 2.56.060 Performances Section 2.56.010 Band Board Established Membership The Ashland Band Board is established and shall consist of six voting members appointed by the mayor with confirmation by the council. The board shall also consist of one non-voting ex officio member, who shall be the director of the band. (Ord 3003, amended, 02/18/2010; Ord 2830, Amended, 10/20/1998) Section 2.56.025 Powers and Duties Generally The powers, duties and responsibilities of the Ashland Band Board shall be as follows: A. General supervision and control over the Ashland City Band. B. When requested, report at least annually to the mayor and city council of the activities of the band. C. On or prior to December 15 of each year, report to City Administrator as to the activities and welfare of the band. D. Determine compensation for the band director and members in accordance with the band's approved budget. (Ord 3003, amended, 02/18/2010; Ord 2830, Amended, 10/20/1998) Section 2.56.030 Director Appointment, Duties, Compensation A. Upon recommendation of the Band Board, the City Administrator shall appoint a band director. B. The director shall: 1. Promote, organize and direct the Ashland City Band; 2. Select the musicians for the band, 3. Appoint a band secretary who shall keep minutes of all band board meetings, records of the organization and shall particularly keep a careful and accurate record of attendance by all members. The secretary shall serve at the pleasure of the director and perform such other duties as may be assigned by the director. 4. Appoint a band librarian, who shall have charge of and shall carefully keep all the sheet music now owned or hereafter acquired by band. The librarian shall keep proper and complete records of all property placed in the librarian's custody and shall make a proper inventory and accounting thereof at the end of the year. The librarian shall serve at the pleasure of the director and perform such other duties as may be assigned by the director. 5. Appoint a quartermaster who shall have charge of and shall carefully keep all band uniforms and other property which is now owned or may hereafter be acquired by the band. The quartermaster shall serve at the pleasure of the director and perform such other duties as may be assigned by the director. 6. Perform such other services as may be reasonably requested by the band board (Ord 3003, amended, 02/18/2010; Ord 2830, Amended, 10/20/1998) Page 88 of 99 ASHLAND MUNICIPAL CODE Section 2.56.040 Budget Prior to the preparation of the City budget each year, the band board shall cause a careful estimate to be made of the band's needs for the ensuing year in view of the funds to be available and shall submit same to the director of finance for consideration with the other budgetary matters. Through the city's budget process, the City Council shall fix and determine the Band's budget for the ensuing year. (Ord 3003, amended, 02/18/2010; Ord 2830, Amended, 10/20/1998) Section 2.56.060 Performances The City Band shall present not less than ten concerts, including the Fourth of July parade, during each summer season. (Ord 3003, amended, 02/18/2010; Ord 2830, Amended, 10/20/1998) Page 89 of 99 ASHLAND MUNICIPAL CODE Chapter 2.60 CIVIL DEFENSE AGENCY Sections: 2.60.010 Agency established 2.60.020 Director 2.60.030 Utilization of facilities Section 2.60.010 Agency established A local organization for civil defense in the City is established to be known as the "Ashland Civil Defense Agency" to perform such civil defense functions within and outside the territorial limits of the City as provided by the Oregon Civil Defense Act of 1949, as amended. (Ord. 1301 S1, 1961) Section 2.60.020 Director The Ashland Civil Defense Agency shall have a director who shall be appointed by the City Council to serve at its pleasure. The director shall have the duties and powers provided in said Oregon Civil Defense Act of 1949, as amended, and shall have direct responsibility for the organization, administration, and operation of said agency, subject to the direction and control of said City Council. (Ord. 1301 S2, 1961) Section 2.60.030 Utilization of facilities The director of Ashland Civil Defense Agency will make maximum use of existing facilities and services. Upon request of the director, the City Council will issue the necessary letter of instructions to expand the functions of the existing City facility or service so as to include civil defense activities. The duties of the head of any existing City facility or service shall with this order include civil defense responsibilities. (Ord. 1301 S3, 1961) Page 90 of 99 ASHLAND MUNICIPAL CODE Chapter 2.62 EMERGENCY POWERS Sections: 2.62.010 Definitions 2.62.020 City Administrator Responsibility 2.62.030 Declaration and Ratification of Emergency 2.62.040 Authority of City Administrator 2.62.050 Regulations of Persons and Property 2.62.060 Additional Powers During Emergency 2.62.070 Termination of State of Emergency Section 2.62.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Emergency" includes any human caused or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, spills or releases of oil or hazardous material, contamination, disease, blight, infestation, civil disturbance or riot. B. "Emergency Management Plan" means that plan entitled "City of Ashland Emergency Management Plan" adopted by resolution of the council or as may be amended from time to time in subsequent resolutions. Section 2.62.020 City Administrator Responsibility The city administrator is responsible for implementation of the Emergency Management Plan. When the administrator determines that a state of emergency exists, the administrator shall make a declaration to that effect and request the mayor to call a special meeting of the council in order to ratify the declaration of emergency. The special meeting of the council shall occur as soon as possible after the declaration of emergency. Notwithstanding section 2.04.110, notice of the special meeting need not be written and need not be delivered at least 36 hours in advance. Section 2.62.030 Declaration and Ratification of Emergency A. The declaration by the city administrator of a state of emergency shall: 1. State the nature of the emergency. 2. Designate the geographical boundaries of the area subject to the emergency controls. 3. State the duration of time during which the area so designated shall remain an emergency area. 4. State any special regulations imposed as a result of the state of emergency. B. The ratification by the council may also authorize additional specific emergency powers for the duration of the emergency period set forth in the declaration. Section 2.62.040 Authority of City Administrator During a declared emergency, the city administrator shall have authority to: A. Exercise, within the area designated in the proclamation, all police powers vested in the city by the Oregon Constitution, city charter and city ordinances in order to reduce the vulnerability of the city to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies. Page 91 of 99 ASHLAND MUNICIPAL CODE B. Direct any department of the city to utilize and employ city personnel, equipment and facilities for the performance of any activities designed to prevent or alleviate actual or threatened damage due to the emergency, and may direct the departments to provide supplemental services and equipment to federal, state or local agencies to restore any services in order to provide for the health and safety of the citizens of the city. C. Designate persons to coordinate the work of public and private relief agencies operating in such area and exclude from such area any person or agency refusing to cooperate with and work under such coordinator or to cooperate with other agencies engaged in emergency work. D. Require the aid and assistance of any state or other public or quasi-public agencies in the performance of duties and work attendant upon the emergency conditions in such area. E. Clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property. 1. In exercising this authority the city administrator may: a. Accept funds from the federal government or the State of Oregon for the purpose of removing debris or wreckage from publicly or privately owned land or water. b. Present to the State of Oregon unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, agree to indemnify the state government against any claim arising from such removal. 2. Whenever the city administrator provides for clearance of debris or wreckage pursuant to this section, employees of the city or individuals appointed by the city administrator are authorized to enter upon private lands or waters and perform any tasks necessary to the removal or clearance operation. 3. Except in cases of willful misconduct, gross negligence or bad faith, any employee or individual appointed by the city administrator authorized to perform duties necessary to the removal of debris or wreckage shall not be liable for death of or injury to persons or damage to property. Section 2.62.050 Regulations of Persons and Property When a state of emergency is declared to exist and has been ratified, the city administrator: A. May order the following measures in the interest of the public health, safety, or welfare, in the area designated as an emergency area: 1. Redirect city funds for emergency use and suspend standard city procurement procedures. 2. Establish a curfew that fixes the hours during which all other than officially authorized personnel may be upon the public streets or other public places. 3. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place. 4. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the traffic on any public street leading to the emergency area for such distance as necessary under the circumstances. 5. Evacuate persons. 6. Prohibit the sale of alcoholic beverages. 7. Prohibit or restrict the sale of gasoline, or other flammable liquids. 8. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place. 9. Curtail or suspend commercial activity. 10. Turn off water, gas, or electricity. 11. Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, fuel, clothing and other commodities, materials, goods and services. Page 92 of 99 ASHLAND MUNICIPAL CODE 12. Close all roads and highways in such area to traffic or limit the travel on such roads to such extent as the city administrator deems necessary and expedient. 13. Order such other measures necessary for the protection of life or property, or for the recovery from the emergency. B. All orders issued under authority conferred by this section shall have the full force and effect of law during the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with this chapter shall be inoperative during this period of time and to the extent such inconsistencies exist. Section 2.62.060 Additional Powers During Emergency During the existence of an emergency, the city administrator may: A. Enter into purchase, lease or other arrangements with any agency of the United States or the State of Oregon for temporary housing units to be occupied by disaster victims. B. Accept or borrow funds from or passed through by the State of Oregon for temporary housing for disaster victims. C. Upon determination that the city will suffer a substantial loss of tax and other revenues from a major disaster and that there is a demonstrated need for financial assistance to perform its governmental functions, apply to the federal and state government, or request the state to apply on the city's behalf, for grants and loans and to receive, on behalf of the city, such grants and loans. D. Determine the amount needed to restore or resume the city's governmental functions, and to certify the same to the State of Oregon or the federal government. Section 2.62.070 Termination of State of Emergency The city administrator shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. The state of emergency proclaimed by the city administrator may be terminated at any time by the council. Page 93 of 99 ASHLAND MUNICIPAL CODE Chapter 2.64 CITY CEMETERIES Sections: 2.64.010 Designated 2.64.020 Reselling lots prohibited 2.64.030 Repairing structures Consent required 2.64.040 Curbing prohibited 2.64.050 Lots - Prices 2.64.060 Lots Deed Procedure 2.64.070 Lots Deed Form 2.64.080 Grave depth 2.64.090 Fees 2.64.100 Lots Improvement Consent required 2.64.110 Records 2.64.120 Perpetual upkeep 2.64.130 Trust fund 2.64.140 Authorization to inter remains 2.64.160 Ground burials and interments in crypts 2.64.170 Cremains burial and interments in niches 2.64.190 Markers and name plates 2.64.200 Disinterment 2.64.210 Artificial flowers For provisions regarding the cemeteries' trust fund, see City Charter, Art. XVIII; for statutory provisions regarding municipal cemeteries, see ORS 226.420.et se__1c EDITOR'S NOTE: This chapter was editorially altered per request of the city attorney dated 9/05/73 (Exhibit E); historical background Ord. 873 as amended by Ords. 1117 and 1161 Section 2.64.010 Designated The Ashland Cemetery, Mountain View Cemetery and the Hargadine Cemetery are declared to be Historic City cemeteries listed on the National Register of Historic Places, under the control and management of the City. The plats of these cemeteries are on file in the office of the City Recorder and are ratified and declared adopted. (Ord 2872, Replaced, 08/21/2001) Section 2.64.020 Reselling lots prohibited No cemetery lot sold by the city after February 1, 1995, shall be assigned or transferred by the purchaser to anyone except to the city, who may accept such assignment or transfer in its sole discretion. (Ord 2872, Replaced, 08/21/2001) Section 2.64.030 Repairing structures Consent required No repairs to improvements, structures, or monuments on lots in any cemetery controlled by the City shall be permitted by anyone other than trained City Staff, or under their supervision, and in accordance with the current Public Works Department Cemetery Preservation Guidelines, and with oversight or review as requested from the Historic Commission, or without the written consent of the Public Works Director. (Ord 2872, Replaced, 08/21/2001) Page 94 of 99 ASHLAND MUNICIPAL CODE Section 2.64.040 Curbing prohibited The building or repairing of any curbing surrounding any lot or group of lots in any cemetery controlled by the City is expressly prohibited without consent of City. The ultimate objective is to prohibit the construction of new curbing because such curbing is a detriment and obstruction to the proper care of the plots. Existing curbing will be preserved to retain the historical character. Removal of pre-existing curbing used for plot definition is prohibited. (Ord 2872, Replaced, 08/21/2001) Section 2.64.050 Lots - Prices The prices for lots sold and services rendered shall be established by resolution of the City Council. Section 2.64.060 Lots Deed Procedure All deeds for cemetery lots or grave spaces in cemeteries controlled by the City shall be signed by the City Recorder for and on behalf of the City, and issued upon payment of the proper consideration without any further authority. (Ord 2872, Replaced, 08/21/2001) Section 2.64.070 Lots Deed Form The following shall constitute the form of deed to be issued by the City to the purchaser of grave spaces in City cemeteries: "CEMETERY DEED" The City of Ashland, Oregon, for consideration of $ conveys to further referred to in this deed as Grantee (whether singular or plural), subject to conditions set forth below, the following described grave space or spaces in the Cemetery of the City of Ashland, Jackson County, Oregon: Space Block Section _ as designated, numbered and described on the official plat on file with the City Recorder of the City of Ashland, Jackson County, Oregon. CONDITIONS This conveyance is subject to the following conditions: 1. No transfer of the grave space or spaces may be made to anyone except the City of Ashland, who may accept such assignment or transfer in its sole discretion. 2. No curbing enclosing the grave space, or groups of grave spaces, shall ever be constructed, and any other improvements to the space shall not be made unless consented to in writing by the Director of Public Works or the Director's designee. 3. Only ground level plaques will be permitted in sections 16 through 21 of the Mountain View Cemetery and no monuments, cement work, or construction of any character will be permitted on the grave space or spaces in these sections. 4. No grave shall be dug except by the City of Ashland employees. 5. Grantee, and Grantee's representatives and heirs, by the acceptance of this deed, agree to comply with any and all of the rules and regulations governing the conduct and operation of this cemetery, which Page 95 of 99 ASHLAND MUNICIPAL CODE may be imposed by the City of Ashland. AGREEMENT BY CITY FOR PERPETUAL UPKEEP The City of Ashland, in consideration of the payment above mentioned, and the acceptance of the above conditions by the Grantee, agrees to maintain the space or spaces perpetually in a neat and orderly condition, and at its own expense and to properly care for such space or spaces. No contributions or additional payments shall ever be required by the City of Ashland from the Grantee. Dated City of Ashland By City Recorder (Ord 2872, Replaced, 08/21/2001) Section 2.64.080 Grave depth All graves dug in any cemetery under the control of the City must be excavated to a depth of not less than four feet, and no grave digging shall be permitted unless the same be done by the properly constituted employees of the City. (Ord 2872, Replaced, 08/21/2001) Section 2.64.090 Fees All fees which are to be collected in connection with the operation of the cemeteries must be paid to the City Finance Department. (Ord 2872, Replaced, 08/21/2001) Section 2.64.100 Lots Improvement Consent required No improvements or construction, including the setting of stones, shall be made upon any lot in any cemetery controlled by the City unless such improvements have been approved, by written consent, by the Director of Public Works or the Director's designee. Written consent by the Director of Public Works shall include a requirement that perpetual care be purchased for the lot where the stone is to be set, if such care does not already exist by deed or other written document. (Ord 2872, Replaced, 08/21/2001) Section 2.64.110 Records The City Recorder shall maintain: A. The record and index of all deeds covering cemetery lots which have been, or may hereafter be, issued, which index shall be designated as the "Cemetery Deed Records"; B. An ownership plat of each cemetery under the control of the City, on which shall be kept up to date, the names of the owners of all burial plots theretofore, or hereafter, sold by the City. The City Recorder is further directed to maintain, as far as practicable, a record of the addresses of the owners of the various plots. Page 96 of 99 ASHLAND MUNICIPAL CODE Section 2.64.120 Perpetual upkeep Every owner of a lot in a cemetery controlled by the City, which lot has been purchased without a right of perpetual care by the city, has the right and privilege to secure a perpetual upkeep agreement with the City, covering such lot so purchased by paying an additional sum set by resolution of the city council, whether the same be actually used or not. The form of agreement under which the City shall contract for such perpetual upkeep under the provisions of this section shall be substantially as set forth in the "conditions" of the cemetery deed mentioned in Section 2.64.070. (Ord 2872, Replaced, 08/21/2001) Section 2.64.130 Trust fund A trust fund is created to be known as "Cemetery Trust Fund" into which fund shall be deposited sixty percent of all sums received from sale of burial plots or grave spaces, and sixty percent of all sums received from owners of lots already sold who desire to secure a contract for the perpetual upkeep thereof, and one hundred percent of all bequests and donations, and all other sums which are required to be set aside under the provisions of Section 1 of Article XVIII of the City Charter, the monies in this fund to be kept properly invested, and the income there from to be used for the maintenance and upkeep of cemeteries held by or under control of the City. The forty percent withheld from the purchase price of grave spaces and from sale of perpetual upkeep agreements, shall likewise be used for maintenance and upkeep of the cemeteries. (Ord 2872, Replaced, 08/21/2001) Section 2.64.140 Authorization to inter remains The Cemetery Department may inter remains of a decedent without liability therefore upon receipt of a certificate of death signed by a registrar authorized by the Department of Health of the State of Oregon, or from an official duly authorized by another state or foreign country to authorize burial of human remains, and either; A. Receipt of a written authorization from the following persons in the following order of preference: 1. The decedent, in the decedent's lifetime or from the decedent's papers after death, 2. The surviving spouse, 3. A surviving child or adopted child over the age of 18 years, 4. A surviving parent or adoptive parent, 5. A next of kin, or 6. Any other person who has acquired the right to control disposition of the remains; or B. Instructions from a mortician or funeral director licensed by the State of Oregon or by another state or a foreign country. (Ord 2872, Replaced, 08/21/2001) Section 2.64.160 Ground burials and interments in crypts A. Except for subsection C, Burials in the ground must be in liners sold by the City of Ashland Cemetery Department, except that burials in steel vaults acceptable to the Director of Public Works or the Director's designee are also permissible. B. Interment in a crypt must be in a casket or other suitable container approved by the Director of Public Works or the Director's designee. C. Green Burials will only be allowed in areas deemed acceptable by the Director of Public Works or his/her designee. Approval of a green burial must take place at the time of purchase. For purposes of this ordinance a "green burial" is a burial that takes place without the use of formaldehyde-based embalming, metal caskets, and concrete burial vaults. (Ord 3017, amended, 06/01/2010; Ord 2872, Replaced, 08/21/2001) Page 97 of 99 ASHLAND MUNICIPAL CODE Section 2.64.170 Cremains burial and interments in niches The following regulations apply to burials of cremains in urn gardens or interments in niches: A. Burials of cremains in glass front niches must be in vases or urns acceptable to the Director of Public Works or the Director's designee. B. All other burials of cremains in urn gardens, or interment in niches, must be in containers acceptable to the Director of Public Works or the Director's designee. (Ord 2872, Replaced, 08/21/2001) Section 2.64.190 Markers and name plates All markers must conform to existing sizes and patterns. All markers, except those in areas designated by the Director of Public Works or the Director's designee as allowable for upright markers, must be flush with the ground. (Ord 2872, Replaced, 08/21/2001) Section 2.64.200 Disinterment The remains of a deceased person interred in a plot in a cemetery may be removed there from with the consent of the Director of Public Works or the Director's designee and written consent of the person who has the right to control the disposition of the remains of the deceased person. If the consent of any such person cannot be obtained, permission by the Board of County Commissioners of Jackson County shall be sufficient. Notice of application to the board of county commissioners for such permission must be given at least 60 days prior to the proposed date of disinterment, personally or by mail, to the Director of Public Works, to the person not consenting and to every other person or authority on whom service of notice is required by the board of county commissioners. This section does not apply to the disinterment of remains upon order of a court or coroner. (Ord 2872, Replaced, 08/21/2001) Section 2.64.210 Artificial flowers No artificial flowers are permitted from March 1 through November 15 of each year. (Ord 2872, Replaced, 08/21/2001) Page 98 of 99 ASHLAND MUNICIPAL CODE Chapter 2.68 HISTORIC BUILDINGS AND A PUBLIC BENEFIT Sections: 2.68.010 Public Benefit 2.68.110 Records Section 2.68.010 Public Benefit For the purposes of consideration for tax exemption status, the term "public benefit" shall mean the following: 1. Rehabilitation or restoration of an existing structure. 2. Retention or replacement of exterior historic details utilizing period materials and design. 3. Removal of inappropriate/non-historic facades and/or additions. 4. Rehabilitation of structural elements of a building (i.e., foundation, framing, etc.). Proposed work must begin within twelve (12) months of approval of application or the City will petition the State Historic Preservation Office for removal of the special assessment status of the property. Any property receiving a tax exempt status, whether in the designated Historic District or not, will have all the proposed building/planning actions reviewed by the Ashland Historic Commission. (Ord. 2417, 1987) Section 2.68.110 Records The City Recorder shall maintain: The record and index of all deeds covering cemetery lots which have been, or may hereafter be, issued, which index shall be designated as the "Cemetery Deed Records"; An ownership plat of each cemetery under the control of the City, on which shall be kept up to date, the names of the owners of all burial plots theretofore, or hereafter, sold by the City. The City Recorder is further directed to maintain, as far as practicable, a record of the addresses of the owners of the various plots. (Ord 2872, Replaced, 08/21/2001) Page 99 of 99