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HomeMy WebLinkAbout2016-0216 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 February 16, 2016 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of February 1, 2016 2. Executive Session of February 1, 2016 3. Business Meeting of February 2, 2016 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Transportation Commission VII. 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] VIII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Sharon Harris to the Housing & Human Services Commission 3. Biennium 2016-2017 Second Quarterly Financial Report 4. Ratification of labor contract with the Ashland Firefighters Association, IAFF Local #1269 5. Climate and Energy Action Plan - consultant services contract 6. Liquor license application for Charles Shalda dba Ashland Hills Inn COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US IX. 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. X. UNFINISHED BUSINESS 1. Continued discussion of water rate options XI. NEW AND MISCELLANEOUS BUSINESS 1. Recommendation from the Public Art Commission for Ashland entry signs 2. Council initiation of a zone change from R-2 (low density multi-family) to C-1 (commercial) for the property located at 150 Pioneer Street X1 1. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance establishing a tax on the sale of marijuana and marijuana-infused products in the City of Ashland and referring said tax to the voters of Ashland in the November 8, 2016 general election" 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 10/68.400 and 11.08 and replacing Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 with new Chapter 11.26 to update and unify parking regulations and to authorize City Council to establish presumptive parking violation fines by resolution" and move to second reading. 3. Approval of a resolution titled, "A resolution of the City Council establishing a fee for appeals of administrative decisions." XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS XIV. 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 Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL M. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session February 1, 2016 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, February 1, 2016 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Morris, Rosenthal, Marsh, Voisin, Lernhouse, and Seffinger were present. 1. Public Input Braveheart Peter Lavoie/62 Westwood/Moved to Ashland in September and shared his impressions of the behavior issues downtown and the travelers. He appealed to residents and leaders to practice more compassion and less power when dealing with these unfortunate people and those passing through town. He referenced the International Peace Day that occurred in September and thought the Mayor spoke well. He also talked to Police Chief Tighe O'Meara and believed these two leaders and others were sincere in fostering peace. This was an opportunity to foster peace beginning with the behavior issues occurring downtown. It was also an opportunity to lead by being an example of common decency, care, compassion, and respect to fellow citizens and the visitors traveling through town. He shared his background working with the homeless and his own issues with travelers. He found keeping his heart open, seeing and listening to the travelers gave them the strength to carry on in a more dignified way. He could not change any of the recent laws that would go into effect but encouraged Council to practice compassion. Mayor Stromberg commented that Mr. Lavoie's remarks implied Council was not compassionate and did not care about homeless people. That was not true. Council was dealing with complex issues and hoped as Mr. Lavoie followed the discussion on downtown behavior he would have a better understanding what Council was trying to accomplish. Huelz Gutcheon/2253 Hwy 99/In order to stop climate change people had to reduce carbons 6% yearly. If this had started ten years ago, it would have been 3%. Delaying it until 2020 would increase it to 15%. Ashland was growing 1% each year. He equated each gas tank in the United States as taking a chunk of flesh from those outside the country and explained these people could sue $1,000 per gas tank for forced relocation. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Continued discussion of planning for City Hall replacement Public Works Director Mike Faught, Superintendent Mike Morrison, Eric Watson from Miller Consulting Engineers and John Kennedy from Vitus Construction provided the staff report. City Hall would need a seismic upgrade in order for occupants to leave the building safely during a seismic event. It was difficult to quantify a Richter scale event. City Hall had a site-specific short acceleration of .62 while Portland was at a .9 site-specific acceleration. Portland's site-specific acceleration equated to a 7.0 event on the Richter scale. Ashland's scale was unknown at this time and required further study. They were designing for a 500-year event where 1% of the building would collapse. If a maximum credible earthquake occurred, 10% of the building would crumble. The seismic upgrade and soft costs were $236 per square-foot, included the current footprint of City Hall, and did not include costs to relocate staff. In addition to a seismic upgrade, City Hall needed mechanical, electrical, plumbing, egress, fire suppression, and tenant improvements resulting in a total of $576 per square-foot. Rebuilding the current City Hall and City Council Study Session February 1, 2016 Page 2 of 3 replacing everything but the north and west wall was $405 per square-foot and did not include temporary relocation costs. Building a new facility on City owned property was $450 per square-foot. City Administrator Dave Kanner explained the City owned the building. There was a reversionary interest in the deed that if the City stopped using the building for public purpose it reverted to the family that donated the property in 1889. In that event, they would try to locate the heirs to the original donor. If the City could not locate the heirs, they could file a suit to quiet title and squelch the reversionary interest. That was a long complicated process with no certain outcome. The building was historic and he doubted the State Historic Preservation Office (SHPO) would allow the City to demolish the entire structure. He suggested rebuilding City Hall with four stories instead of two to solve current space issues. It would require a general obligation bond from the voters. Staff would bring Council a scope for bid at $88,000 that looked into rebuilding City Hall, adding another floor to the Community Development building, and building a new City Hall at the Lithia Way property. 4. Discussion of approaches to downtown behavior issues City Administrator Dave Kanner reviewed three funding options that included raising revenues, cutting something already appropriated to redirect the money, or contingency. Staff researched increasing the City's property tax levy with a current tax rate. Once a City adopted a biennium budget, it could not increase the tax rate without a popular vote. Another option would refer a public safety serial levy to the voters. In order to approve a serial levy and collect the money in the next fiscal year the vote would have to occur in May. It would not require a double majority. It could go in September with a double majority. Going out for a vote in November, the City could not collect the money in the next fiscal year. The other option was impose a .62-cent utility surcharge on a 3/4-inch meter. Council could amend the Food and Beverage Tax for downtown issues but needed to consider all the potential uses before deciding. This topic was on the agenda for the February 29, 2016 Study Session. Transient Occupancy Tax (TOT) funds were restricted to real property improvements that supported tourism and tourism promotion and would not apply to hiring police cadets, downtown ambassadors, or social workers. Council could allocate social services grant money. Police Chief Tighe O'Meara explained the hiring and training process for the cadet program. Changing the scope of the position to a community service officer was a good idea but could cause issues with the union. The Police Department was currently working through a cadet eligibility list and would redefine requirements to attract more applicants once they started the hiring process for two additional cadets. Council suggested adding four new cadets instead of two. Chief O'Meara noted the cadets carried radios, not weapons, and explained a radio was an officer's first and best protection. Cadets worked 16 hours a week. Chief O'Meara went on to address renting jail beds and explained the contract obligated payment regardless of whether a prisoner was using the bed but in general practice they only charged when the bed was in use. Post-conviction bed rental was preferable to pre-conviction. Council noted there were people in the community interested in developing a volunteer ambassador program. Other Council comment expressed interest in building up the Police Volunteer Program. Mr. Kanner met with Community Works regarding social service outreach workers. They could hire two people to work May through September and would provide supervision for $37,000. The Mayor and Council expressed some concern with the last time the City contracted with Community Works. One comment suggested making the contract a competitive procurement process or use the ambassador program for social service work. Mr. Kanner clarified ambassadors typically provided customer service and City Council Study Session February 1, 2016 Page 3 of 3 uniformed presence, not social services. Council suggestions included redirecting funds from the Ashland Community Resource Center, hiring a caseworker, and possibly using social service grant money to fund the caseworker. Council concern not think social outreach would address behavior since the majority of the people in the downtown area were aware of the services available to them. Councilor Voisin noted one element that was missing was the voice of the homeless and travelers. They were not able to attend Council meetings or Study Sessions because of the time the meetings began. She suggested having a forum with the leaders of the homeless and transients. They had suggestions regarding behavior. Mayor Stromberg suggested he and Councilor Voisin arrange a meeting with these individuals. Councilor Voisin was also working with Pang Hammond regarding a code of conduct that would apply to everyone and had consequences. Council was interested in adding more cadets to the cadet program, waiting to see what the community brought forward concerning the ambassador program, and creating a one-page proposal for social service outreach workers to circulate throughout the community. The Mayor added determining actual annual costs the City of Medford paid to Jackson County for jail bed rentals. Councilor LemhoUse addressed earlier comments made by Councilor- Voisin indicating Council had not allowed a certain population to be heard and explained why the statement was unfair. City Attorney Dave Lohman distributed two documents submitted into the record on public misconduct and a code of conduct resolution. The Public Misconduct and Potentially Applicable Laws had three columns. The first column depicted recent complaints about specific misconduct. The second column described existing laws and the third contained comments and background. Page 2 of the document addressed possible new ordinances and amendments. Page 3 noted complaints regarding rude behavior. As long as it did not involve physical threats, the City could not address this form of behavior due to constitutional limitations. The code of conduct resolution originated in 1995 and Mr. Lohman modified language for current relevance. If Council was interested in discussing the potential new ordinances and resolution, lie could have them ready for a meeting in March. Council wanted ADA accessibility added to the stationary persons hindering sidewalk passage ordinance. Other Council comment questioned whether the new proposed ordinances would solve behavior issues currently occurring downtown. Mr. Lohman suggested Council send him a list and reiterated there were certain things the City could not do. Mr. Lohman would bring the potential ordinances to a Council meeting for consideration of possible first readings. Council could also discuss existing and potential ordinances, additions, and amendments to the code. Meeting adjourned at 7:46 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Business Meeting February 2, 2016 Page 1 of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 2, 2016 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, Seffinger, Rosenthal, and Marsh were present. Councilor Lemhouse arrived later. Council approved moving the smoking ban ordinance to the end of the agenda so Councilor Lemhouse could participate in the discussion. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions, Committees, and Boards. The deadline for applications was March 18, 2016. He went on to add a discussion regarding HB 4036 to the agenda under Other Business as item 92. APPROVAL OF MINUTES The minutes of the Business Meeting of January 19, 2016 and Study Session of January 19, 2016 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of February as Child Trafficking Awareness Month was read aloud. Caleb LaPlante/Representing Rotary Club of Grants Pass/436 NE Baker Drive, Grants Pass/Explained how a local incident of child sex trafficking in 2011 started programs against underage sex trafficking in the Rogue Valley. He described how people purchased sex with children online, grooming techniques adults used to lure children into trafficking and how Senate Bill 673 that went into effect 2013 made purchasing sex from a child a felony instead of a misdemeanor. PUBLIC FORUM Sugeet Posey/45 Crocker Street/Spoke on trucks driving through town to avoid inspection or paying over weight charges at 1-5 Weigh Stations. He witnessed 17 trucks drive down Tolman Creek Road towards Ashland Street during a Sunday meeting he attended from 9:00 a.m. to 10:00 a.m. This was a common practice and he questioned whether the streets could support that type of traffic. The police did not feel it was their responsibility to call in license plate numbers to the Weigh Station. He asked Council to investigate possible solutions and ensure enforcement. Mayor Stromberg asked the City Administrator to provide a report on steps the City could take regarding this issue at a future Council meeting. Mike Marshak/2283 McCall/Spoke on "Giving in to Win" regarding the homeless situation. First, the community needed to accept homelessness as a way of being. The traveler and homeless community provided a potential resource and referenced a pilot project where people could work for room and board that could happen in Ashland. A homeless and traveler welcome center would give people a place to rest, shower, and register for services and support. The City could expand the Resource Center. Other options included establishing affordable housing or an affordable tent village in the Well Springs area. Traveler City Council Business Meeting February 2, 2016 Page 2 of 9 registration could happen in City offices, the Plaza, or Chamber of Commerce. The traveler would receive a picture identification card or "Kinsmen" card to access services in Ashland stores and enroll in a token program for the homeless. Donations to this fund could come from donations and increasing the Food and Beverage tax. Huelz Gutcheon/2253 Hwy 99/During World War II factories made jeeps, heavy equipment, airplanes and there was plenty of oil. After World War II, America had everything it needed for prosperity. Construction code came from zoning to keep families away from the industry. The present code was the same with just a few changes except now it was a mandate to pollute. We now needed a mandate to innovate. He suggested having people come up with ideas as long as it had no carbons. Ellen Campbell/120 Gresham Street/Thanked the Council for their efforts regarding behavior downtown. She noted Council was clear about the separation of behavior, civil behavior downtown, and homelessness. The homeless needed solutions that would enable them to find permanent residence and have a happy life. The behavior downtown was not necessarily those of the homeless. She was glad Council was looking at enforcement, ordnances, and attitudes that would address those problems. Katy Repp/541 Siskiyou Boulevard/Also thanked Council for their time and hard work regarding the homeless. It allowed the people volunteering to help the homeless in the community do their work as Council took care of the behavior issues. She liked the City of Ashland and Ashland Police Department Facebook page and appreciated that transparency. Joseph Kauth/1 Corral/Noted the new audio system in Council Chambers and suggested rotating the audience to the fore of the cantilevered ceiling. He was a bit claustrophobic and it was nerve wracking to address so many people. Greed based on capitalism created a new culture of burning as opposed to green trees and water that created life to sustain existence on the planet. Ashland had a path of sustainability. To go about rashly installing hundreds upon hundreds of houses not based on sustainable practices seemed very contrary. He was thinking of getting a license to handle Glyphosate to spray noxious weeds the City and surrounding towns were responsible for allowing to grow. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of George Schoen to the Airport Commission 3. Contingent approval of an airspace license for Plaza Condo Unit Owners Association, Inc. Councilor Voisin pulled Consent Agenda item #3 for discussion. City Administrator Dave Kanner clarified the airspace license was contingent upon the property owner getting all the land use requirements and approvals and included review by both the Planning and Historic Commissions. The applicant was asking for proof the City would enter into a license agreement once they secured all the required permits. Council would not review the project unless it came before them as an appeal. Mr. Kanner did not know of any codified criteria for airspace. The City had granted an airspace license to the balcony in front of Martino's restaurant. An airspace license allowed a property owner to build a projection from a building over a public right of way. The license protected the City from liability. Granting a license was not a land use action and did not involve the Planning Commission or the Historic Commission. Only Council could grant a license. City Attorney Dave Lohman explained the definition of license in this situation was giving someone written permission. Mr. Kanner further clarified the license was not a land use matter. The construction of the balcony on the front of the building was a land use matter. A citizen could object to the balcony through the Planning Commission and Historic Commission. The property owner wanted to do this project to make the building seismically sound. The proposed balcony was part of the seismic remodel. City Council Business Meeting February 2, 2016 Page 3 of 9 The owner would not be able to do the seismic upgrade without building the balcony. Councilor Morris/Marsh m/s to approve Consent Agenda item #3. DISCUSSION: Councilor Morris explained the license had nothing to do with historic standards or trees in front of the building. It was permission to use airspace. The Planning Commission and Historic Commission would review the application, and if the design standards did not meet the downtown design, they would deny the project. He did not see a problem with the request. Councilor Marsh was confident the application would receive careful review as it went through the regular City process. Councilor Voisin asked if the application would go to the Tree Commission. Mr. Kanner did not think removal of street trees was part of the land use application. Mr. Lohman reiterated the project involved changes to the structure of the front of building. One piece of the project was use of airspace for the balcony. The entire project would go before the Planning Commission and the Historic Commission. If there were decisions that effected trees, it would go to the Tree Commission as well. Staff wrote the license as a contract. Councilor Seffinger wanted to know if the approval process for the project would consider the balcony causing shadows on the property below the airspace. Mr. Lohman thought the Planning Commission would review shadows. With the exception of blocking solar rays, the City did not have a provision in the code that restricted casting a shadow on a neighbor's property. Roll Call Vote: Councilor Voisin, Morris, Seffinger, Rosenthal, and Marsh, YES. Motion passed. Councilor Rosenthal/Voisin m/s to approve Consent Agenda items 41 and 42. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Plastic bag ban - one-year review Management Analyst Adam Hanks and Conservation Commission air ark Weir provided history on the plastic ban. The goal was eliminate plastic bags in Ashland a uce the usage of paper bags. The ordinance had three primary components. It banned plastic bags at business retail checkouts, requested businesses use a minimum of 40% recycled content in paper bags, and required businesses to charge .10- cents for each paper bag used at check out. City staff and the Conservation Commission put together three surveys and questionnaires. Results indicated a general acceptance of the plastic bag ban but tended not to support the .10-cent fee. Grocery stores did not experience a negative impact to their businesses and noted a significant reduction in their paper bag stocks after the ordinance went into effect. The Open City Hall survey responses showed a strong acceptance of the ban and the .10-cent fee. Chair Weir noted charging the .10-cent fee for paper bags was a problem with some retail businesses. Manufacturing 1,000 paper bags resulted in 2,112 gigajoules of additional energy that equated to approximately 58,000-kilowatt hours or providing power to eleven homes. Additionally, 1,000 paper bags used 3,600 liters of water to produce. That was the reason the Conservation Commission recommended a .25-cent fee. The Chamber of Commerce requested removing the .10-cent on small paper bags. Mayor Stromberg explained the executive director of the Chamber of Commerce contacted him earlier and had learned that some of the positions stated in the information before Council did not accurately represent some of their members. The executive director wanted to revise the information and submit it later. City Council Business Meeting February 2, 2016 Page 4 of 9 Chair Weir continued and explained the Conservation Commission recommended retaining the .10-cent fee and revaluating changes later with the understanding that every 1,000-paper bags made created a significant environmental impact. The Commission was concerned a transition from plastic bags to paper bags would result in an increased environmental impact. Paper bags were five times more energy intensive than plastic bags, had three times more carbon emissions and 25 times more water usage, and produced 7 times more waste. Charging a fee for paper-bags was a disincentive to use them. Charging .25-cents stemmed from research done in Ireland using different price points to drive behavior and determined a higher charge had more of an effect on people. Small paper bags also had a strong environmental impact. Not charging a fee for smaller bags was a choice to be less environmentally conscious and suggested a marketing ploy was better than preventing wasting 3.6 liters of water or the associated energy manufacturing a bag. Reusable bags required washing. Studies showed contamination issues could occur if not cleaned regularly. The Conservation Commission would look into adding cleaning reusable bags as part of the education program. Staff provided informational materials explaining the ban to a few retailers to display and could supply more stores. Council asked the Chamber of Commerce to send their proposed changes and modifications of the plastic ban ordinance to both the Council and the Conservation Commission. Pam Hammond/642 Vansant/Explained she was the co-owner of Paddington Station and that most of Mr. Hanks report was grocery store related. In the industry of retail, there were several sectors, specialty merchants, mass merchants, and grocery stores. Each business had different needs and faced different challenges. What a customer expected to experience in a specialty merchants business was different from what they expected at a grocers. Paddington Station did the ordinance backwards, giving customers who did not need a bag a dime and those that needed one received a bag and a smile. She asked Council to consider treating specialty merchants different from mass merchant businesses and grocery stores. The single best reason to reconsider specialty merchant businesses was customer service. Charging a customer a dime for a bag after they purchased $300 of product was off putting. 2. Update on issues involving the Vinyl Club and the Granite Tap House Police Chief Tighe O'Meara explained this was a six-month review on progress made with the Granite Tap House and the Vinyl Club. The Police Department experienced issues with the Granite Tap House when officers tried to access the facility during two emergencies and found the fire exit door locked from the outside and the elevator not accessible. Fire Division Chief-Fire Marshal Margueritte Hickman worked with the Granite Tap House on the issue. Progress was slow but the business installed the requested hardware. There were still problems with doorknob configuration and Granite Tap House seemingly wanted to comply. The instances with the Vinyl Club patrons on Will Dodge Way were generally disorderly conduct and excessive noise coming from the club. Noise complaints had dropped from 20 to 10 over the last six months. Complaints of disorderly conduct decreased to none. It was unclear why the conditions at the Vinyl Club were improving. The midnight shift teams in the Police Department reported that it was not as busy. The owner Michael Leslie met with the Chief following the last meeting and developed a plan for handling the complaints. Chief O'Meara had since heard mixed reports as to whether Mr. Leslie followed through and was hesitant to give him and his staff credit for the decrease in calls. Chief O'Meara did not recommend doing anything further. They would continue to monitor both businesses and would report if problems started up again or there were changes. Chief O'Meara clarified the two instances that occurred in the last six months where officers could not City Council Business Meeting February 2, 2016 Page 5 of 9 access the Granite Tap House due to a locked door. Both situations were not as critical as the ones that occurred Halloween and New Years Eve that contributed to the previous report. The progress was the business owners installed the correct hardware for the door. The deficiency was they were not 100% compliant in ensuring the door was accessible from the outside in the manner the Police Department thought appropriate. This could be a training issue for the Granite Tap House or a shift in their policies. Division Chief-Fire Marshal Hickman further clarified the hardware the business had previously allowed people to exit the door from the inside at any time. The Fire Code required emergency responders to have access when needed. Granite Tap House had two doors and an elevator. The Fire Department determined the elevator was not an appropriate access point for emergency responders. Both the Police Department and Fire Department agreed the ingress egress door closest to the Plaza should be unlocked from the outside during hours of occupancy. The door was still a concern. Division Chief-Fire Marshal Hickman further clarified officers had found the door locked several times in addition to the Halloween and New Years Eve instances. The two incidents that occurred over the past six months Granite Tap House staff had not followed their checklist for opening. The owner was making an effort. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance establishing a tax on the sale of marijuana and marijuana-infused products in the City of Ashland and referring said tax to the voters of Ashland in the November 8, 2016 general election" and move to second reading. City Administrator Dave Kanner provided background and explained HB 2041 allowed cities to impose a local sales tax on recreational marijuana not to exceed 3% that required approval by the voters in a general election. The ordinance would amend and clarify the existing ordinance that would impose a 3% tax on the sale of recreational marijuana at Oregon Liquor Control Commission (OLCC) licensed facilities. The state currently had a 25% tax on the sale of recreational marijuana in effect through 2016 decreasing to 17% in 2017. If a local jurisdiction received voter approval to impose a 3% tax, the total sales tax would be 20%. The state would use a distribution formula based on the number of licensed sales outlets to allocate tax. Jurisdictions banning the marijuana sales would not receive money from the marijuana tax. Councilor Seffinger/Marsh m/s to approve First Reading and place on agenda for Second Reading. DISCUSSION: Councilor Marsh thought the City had negotiated legalized marijuana well. Councilor Rosenthal commented this was procedural and it was up to the voters. He appreciated efforts from the City Administrator in bringing the tax forward. Councilor Voisin supported the motion because it would go before the citizens. This was also a tourist town close to California and the community should reap the benefits of people coming from California to purchase marijuana. Councilor Seffinger commended Mr. Kanner for the work he did on the issue. Roll Call Vote: Councilor Marsh, Seffinger, Voisin, Rosenthal, and Morris, YES. Motion approved. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Council endorsement of SB 1574, relating to greenhouse gas emission goals and carbon pollution markets (request of Councilor Marsh) Councilor Marsh explained Senate Bill (SB) 1574 was similar to House Bill (HB) 3470 that Council endorsed last year. SB 1574 would establish a cap and invest program to control green house gas emissions over time. It also set up designation of any revenues generated by the program for specific communities. Councilor Marsh/Rosenthal m/s to endorse SB 1574 and send a letter to the legislators indicating so. DISCUSSION: Councilor Rosenthal noted SB 1574 contained emission goals for the state that u d serve as a guideline for the community. Roll Call Vote: Councilor Voisin, Morris, Seffinger, Rosenthal, and Marsh, YES. Motion passed. City Council Business Meeting February 2, 2016 Page 6 of 9 Councilor Voisin raised a point of clarification to confirm that Council could request to place any item on the agenda that pertained to legislature. Informing the appropriate commission prior was helpful but not necessary. Councilor Rosenthal/Marsh m/s to place HB 4036 on agenda for discussion. Voice Vote: all AYES. Motion passed. 3. Discussion regarding HB 4036. City Administrator Dave Kanner explained House Bill (HB) 4036 was legislation that updated and strengthened the renewable portfolio standards for investor-owned utilities (IOU). The legislation contained a provision that would subject municipal utilities to those standards when the municipality annexed property served by an IOU and the IOU did not consent to the municipal utility taking over the service territory. The provision would make the municipal utility subject to the renewable portfolio standards throughout its service territory. The net affect would result in major cost increases for all municipal utilities that currently get their power from green, emission free hydropower. The Oregon Municipal Electric Utilities (OMEU) Association drafted an amendment the IOU was not opposing. The amendment stated when a municipality annexed territory it would compensate the IOU for any plant annexed into the City, that it would become part of the service territory, and removed the provision that the municipality had to meet the renewable portfolio standards throughout the service territory. OMEU was asking mayors from the cities within the association to write a letter of support in favor of the amendment. Mayor Stromberg read the letter aloud. Councilor Voisin/Seffinger m/s to add the Council to the public power OMEU letter written by the Mayor regarding HB 4036 and the amendment. DISCUSSION: Councilor Rosenthal ordinarily would not support a last-minute effort like this but recognized this was a special circumstance. He trusted staff and the Mayor and supported sending the letter. Voice Vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS-continued 2. First reading by title only of an ordinance titled, "An ordinance creating AMC Chapter 9.30 to prohibit smoking in places of employment, in enclosed areas open to the public, and in downtown Ashland" and move to second reading. City Administrator Dave Kanner read aloud two amendments to the proposed ordinance in Section I 9.309.010(C) that would replace the definition of "Enclosed Area" with, "Enclosed area means all space between a floor and a ceiling that is enclosed on two or more sides by permanent or temporary walls or windows, exclusive of doors, passageways, or gaps. If no ceiling is present, "enclosed area" means all space that is included by three or more sides by permanent or temporary walls or windows, exclusive of doors, passage, or gaps." The second amendment would add at the end of Section 1, "9.30.050 Penalties for Violation - Violations of this chapter are Class 1 violations as described in AMC 1.08." Essentially staff copied the Oregon Indoor Clean Act into the ordinance, codifying state law and making it a violation. They added two provisions. One would ban smoking, vaping, and inhalants in downtown Ashland and the other was a process where Oregon Liquor Control Commission (OLCC) licensed businesses could obtain a limited exemption. City Attorney Dave Lohman added the ordinance would prohibit smoking at entrances, exits to buildings, windows, and ventilation intakes. Exemption would let OLCC licensed facilities get a one year permit to allow smoking between 8:00 p.m. to 2:00 a.m. Mr. Kanner clarified no outreach to downtown merchants or businesses had occurred regarding the matter. Mr. Lohman provided an example of a Class 1 violation and explained it carried a maximum $500 fine. He would review the level of classification if Council moved the ordinance to second reading City Council Business Meeting February 2, 2016 Page 7 of 9 and thought this should be a minor violation as opposed to something more serious. Enforcement would include warnings and education to encourage voluntary compliance prior to citing. Caryn Wheeler, the health promotion strategist, health promotion and chronic disease prevention for Jackson County addressed benefits to having a smoking ban and explained looking at tobacco policy measures was trying to change the social norms. Implementing policies like the ban resulted in a reduction of youth initiation for tobacco and e-cigarette use. A ban made it easier for people trying to quit smoking. Cigarettes were also fire hazards. Ultimately, it came down to changing the conversation about tobacco that was still the leading cause of preventable death and illness in the country. Councilor Seffinger added that second hand smoke caused over 73,000 deaths a year. Outside levels within fifteen feet of a burning cigarette could have a level equal to an inside building. Bobby Richardson/1316 Mill Pond Road/Shared his experience in public health and education. He supported a smoking ban for the implications of second hand smoke and the nuisance of behavior. He opposed the exemption for businesses and thought it would contribute to second hand smoke and the nuisance of travelers and people congregating. He referenced Santa Cruz's smoking ban on their main street. Ellen Campbell/120 Gresham/Agreed with Mr. Richardson and shared her experience of partners being ill due to smokers. It was difficult to walk downtown at times and not have breathing issues trigger from smoke. Smoking was an option breathing was not. She owned a Bed and Breakfast that was completely smoke free. Concerns of lost revenue when California went smoke free did not happen. Don Dolan/820 Park Street/Opposed the proposed ordinance. It gave the City a reason to remove the homeless people. He volunteered at the Pioneer Hall winter shelter. It seemed like a slippery slope to him. He could see the law expanding to the point he would not be able to smoke in his backyard. Smoking was annoying. This ban was one more step towards non-compromise. It was wrong to make the city non-smoking. Councilor Lemhouse arrived at 9:21 p.m. Councilor Marsh was concerned not enough discussion had occurred with business and property owners' downtown regarding the ban. She wanted to know where employees would go to smoke and if Ashland Springs Hotel had a plan for smoking guests. She suggested asking the Chamber of Commerce to assist the City in getting feedback from businesses prior to implementing. Ms. Wheeler commented historically smoking bans were popular and offered technical assistance. It was important to build an infrastructure that supported cessation. Her office could provide outreach on cessation. Councilor Rosenthal thought staff adequately noticed the item to the public. This action was regulating behavior. People had the right not to inhale second hand smoke that was carcinogenic. People had the right to smoke and non-smokers had the right not to inhale that smoke. He was involved with the Parks Commission when they made city parks smoke free. This was the same concept. He questioned time and effort spent accommodating smokers at the expense of others who had to inhale their smoke. Councilor Seffinger explained the Chamber of Commerce was working on a Blue Zone and Ashland becoming one of Oregon's healthiest cities. This was not about the homeless, her brother in-law died from second hand smoke. The City was obligated to protect the community. Cigarettes contained over 7,000 chemicals with 70 known carcinogens. Cigarettes were the number one cause of litter globally. City Council Business Meeting February 2, 2016 Page 8 of 9 Birds that ingested cigarette butts or wove cigarette material into their nests killed young birds. Second hand smoke was also carcinogenic to pets. Councilor Lemhouse agreed it was a public health issue. He questioned why the ban was only for the downtown area. He also questioned the timing and suggested waiting a month to solicit feedback from targeted businesses. Councilor Morris was initially against the ban. Currently smoking was more of a young person's issue. For him there were certain areas where he had to hold his breath to avoid breathing second hand stnoke. This experience started to change his mind. He thought the ban was an overreach. He wanted the ordinance to incorporate designated smoking areas for employees. Councilor Voisin agreed that this is a young person's dilemma and shared her personal experience of cigarette litter on the Southern Oregon University (SOU) campus. She supported the Chamber of Commerce polling members and wanted to include SOU student government and faculty. Enforcement would be difficult even if it were education based. She also had issue with saying the ban prevented deaths. If that was the case, they should look at the major child death due to choking on hotdogs where 3,500-4,000 young children died yearly from choking on hotdogs. Instead of a ban, she proposed having age eligibility for smoking go from 18 to 21 years old. Mayor Stromberg shared his concern with second hand smoke. In addition to asking the Chamber of Commerce to gather data, he suggested a listening session on the topic. Mr. Lohman clarified the provision that kept the area to the downtown was the concentrated pedestrian traffic areas. The no smoking within 10-feet of an entrance, public or private was state law and applied throughout the city and state. Councilor Marsh/Lemhouse m/s ask staff to work with the Chamber of Commerce to do some targeted outreach to downtown business owners, users, and business and building owners to solicit input on the ordinance. DISCUSSION: Councilor Marsh wanted to make sure they covered their basis and garnered community support. Councilor Lemhouse agreed and supported outreach. Councilor Voisin motioned to amend the motion that SOU students at ASSOU be asked to provide input on what they and faculty think of the ban and have a listening post on this issue. Motion died for lack of a second. Councilor Seffinger/Rosenthal m/s to amend the motion that input be completed by April and the issue is met for first reading at the April meeting. Council and staff raised several points of clarification. Councilor Seffinger withdrew the motion with Councilor Rosenthal's consent. Councilor Seffinger/Rosenthal m/s to amend the motion to obtain the information with staff and the Chamber of Commerce and come back for first reading by April 19, 2016. DISCUSSION: Councilor Seffinger explained there was momentum on the item. The Chamber of Commerce was working on a Blue Zone and this was an important part of that. This was a health issue for the City and the environment that she wanted enacted prior to summer. Councilor Marsh thought there should be signage suggestions at the April meeting. Roll Call Vote: Councilor Seffinger, Marsh, Voisin, Morris, Lemhouse, and Rosenthal, YES. Motion passed. Roll Call Vote on amended motion: Councilor Seffinger, Marsh, Voisin, Morris, Lemhouse, and Rosenthal, YES. Motion passed. City Council Business Meeting February 2, 2016 Page 9 of 9 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS - Continued Councilor Voisin reported on the last meeting from Rouge Valley Transportation District (RVTD) who would go to the ballot in May 2016 to request a property tax increase. There was a possibility the state would pass a resolution to match federal funds to rural communities for transportation. If that occurred, RVTD would receive approximately $2,000,000. She went on to announce that February 23, 2016 from 2:30 p.m. to 4:30 p.m. the United Methodist Church would host free veterinarian services for pets. On February 12, 2016, a public forum featuring homeless people, travelers, and transients in Ashland will engage the public in a discussion on the behavior issues downtown and share their suggestions. The forum would take place at the library sometime between 1:00 p.m. and 5:00 p.m. The Ashland Community Resource Center, OHRA, and WE Ashland were organizing the event with possible help from religious organizations. Councilor Lemhouse provided a liaison report from the Public Arts Commission. They were working with the Mayor, and the chosen artist for the Gateway Project. The Commission would bring entry signs to the next Council meeting. The Public Arts Commission chair would also attend the Historic Commission's meeting to solicit their input regarding walkway improvements between the theater and Starbucks downtown. Mayor Stromberg and Ann Seltzer met with six of the nine Historic Commission members. After meeting individually with the Historic Commission, they would meet with the Public Arts Commission in two separate groups. Mr. Kanner added that the Public Arts Commission would display mock-ups of the entry signs at the Ashland Art Center Friday February 2, 2016 as part of First Friday. He went on to note the barium levels in the Lithia fountain in the Plaza had improved. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:03 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND HISTORIC COMMISSION Meeting Minutes December 2, 2015 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER 6:00p.m. - SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way Historic Commissioners Present: Mr. Skibby, Ms. Renwick, Mr. Emery, Mr. Ladygo, Mr. Shostrom, Mr. Giordano, Mr. Swink, Mr. Whitford Commission Members Absent: Ms. Kencairn (E) Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder; Clerk: Regan Trapp APPROVAL OF MINUTES: Mr. Giordano motioned to approve minutes with corrections from November 4, 2015. Mr. Ladygo seconded. Mr. Whitford and Mr. Swink both abstained. PUBLIC FORUM: Bruce Bayard of 621 A Street, Ashland, Oregon, addressed the Commission regarding the Gateway Island Project. Mr. Bayard briefly described his time as a Public Arts Commissioner and stated that he was on the selection panel for the Gateway Island Project. Mr. Bayard went on to say that his reason for speaking is because he would like to see better intra-com mission relationships between the Public Art Commission and Historic Commission. He spoke on past experiences with the flawed process and would urge the Historic Commission to participate in the process and find better ways to communicate within the City Commissions. Mr. Skibby closed the public forum. COUNCIL LIAISON REPORT: Ms Voisin gave the Council Liaison report. Mr. Skibby read aloud the procedure for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: 2015-02203 SUBJECT PROPERTY: 868 A Street OWNERIAPPLICANT: Linda McMilleman & Steve Saturen/ Mark Lackey DESCRIPTION: A request for Site Design Review and a Conditional Use Permit to allow for a second story addition to the existing cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1 E 09AA; TAX LOTS: 6800. There was no conflict of interest or ex parte contact with the applicant. Mr. Schexnayder gave the staff report on PA-2015-02203. Mr. Skibby opened the public hearing to the applicant. Amy Gunter of Rogue Planning and Development at 1424 S. Ivy, Medford, Oregon addressed the Commission. Ms. Gunter emphasized that the tarclet use of the zone is general office developed at a .5 floor area ratio which equates to a 3,250 square foot office or office/residential combo. She went on to say that in E-1 zones you can have 85% lot coverage and no setbacks to the north. There is a 40 ft height limitation (or 3 stories) with a rear yard setback of 10 ft per story when abutting a residential zone. Ms. Gunter implied one could argue that the "residential use is non- conforming. She stated that the property has been a residential unit for decades and has been granted conditional use permits to further the residential growth. Ms. Gunter elaborated on the Conditional Use Permit criteria and compared the home to the neighboring lots and then passed around some photos of the different lots to show similarity in bulk and massing. Ms. Gunter heartily endorsed the architectural compatibility of the existing structure as compared with the Historic Design Standards and the scale and height are comparable to other buildings in the E-1 zone. Ms. Gunter clarified that they have taken all necessary measures to make it look like a residential unit and have continued the residential elements that are happening on the existing house, making it compatible with the residential structures in the vicinity. There were questions from the Commission regarding foundation, placement of buildings, siding materials and setbacks. Ms. Gunter elaborated on materials used for the project. Mr. Skibby closed the public hearing to the applicant and opened to the public for comments. Robert Monroe owner of Cabinet Works at 165 B Street, Ashland, Oregon addressed the Commission. Mr. Monroe gave a history of the development in the A Street area and stressed that he has concerns about the setbacks of the structure. Mr. Monroe directed attention to 18.1.4.030 from the land use code which talks about non-conforming structures. Mr. Monroe is concerned about it blocking neighbor's views of the mountains and will look right into Mr. Adelman's backyard creating a privacy issue. Stacy McCullough of 267 8th Street, Ashland, Oregon addressed the Commission. Ms. McCullough told the Commission that the 2nd story addition will block all her views of the mountains and she would not get the morning sun along the alleyway like she does now. She emphasized that the reason she bought her home was for the views she gets and believes she will be "blocked in" if the structure is allowed to be built. She showed the Commission photos of her views of the mountains. Allen Adelman of 886 A Street, Ashland, Oregon addressed the Commission. Mr. Adelman is concerned that if the structure goes up he will lose his privacy. He stated that the applicant is pushing the envelope with the proposed setbacks. He went on to say that he lives in an 800 square foot home and will feel boxed in if the structure goes up. There are numerous parking issues in the neighborhood and he feels that the Commission needs to look at the bigger picture. He invited the Commission to come to the area and look at what is proposed for it. Mr. Monroe spoke out of order and said that the basement is finished and has bedrooms in it. Mr. Adelman finished by stating that he never received the Notice of Complete in the mail. Mr. Skibby closed the public hearing and opened to staff for comments. Mr. Schexnayder called attention to the mailing of the Notice. He stated that, according to the labels and affidavit, the Notice was mailed to Mr. Adelman. Mr. Schexnayder went on to say that in the non-conforming section of the Land Use Code 18.1.4.030 a non conforming structure may be altered with planning approval of a Conditional Use Permit. Mr. Skibby commented that according to the Land Use Code, no one is guaranteed a view and Mr. Schexnayder concurred. There was much discussion on the solar ordinance, setbacks and what is allowed in E-1 and residential zones. Mr. Skibby opened the hearing to the applicant for rebuttal time. Ms. Gunter addressed the Commission and wanted to reiterate that the criteria speaks to massing scale and height compared to the target use of the zone. She stated that yes the setbacks are non -conforming but they would still have much less of an impact than a 40 ft tall structure 20 ft off the property line would. She went on to say that views are not protected through the Land Use Ordinance and they believe they have met all criteria for the Historic District Site Design and Use Standards. Mr, Schexnayder stated that with the Conditional Use Permit, this is would all be legal and by code and would be a staff administrative decision. Mr. Skibby closed to the applicants and opened to the Commission for comments. Commissions concerns are setbacks and the lack of an additional 10 feet for setback. They spoke about protecting the residential setback when adjacent to E-1 and believe it should be honored. Mr. Giordano thought a compromise might be to make the structure 1 %2 stories rather than 2 to preserve some views and sunlight but it would eliminate half of the upstairs. The Commission as a whole was undecided on this option and the decision was to continue this Planning Action until the next meeting to give the applicant time to respond. The first motion, made by Mr. Shostrom was to deny PA-2015-02203 but was withdrawn to give the applicants more time to alter their design. Mr. Shostrom motioned to continue PA-2015-02203 until January's meeting and allow the applicant time to respond to compliance with scale and massing in relation to the setbacks and try to meet existing ordinances and standards within the zone. Mr. Swink seconded. No one opposed. NEW ITEMS: Review board schedule Project assignments for planning actions 85 Winburn Way Mr. Schexnayder addressed the Commission regarding the reasons 85 Winburn Way will not be presented for planning action review. He went on to say that this is a hillside physical and environmental constraints permit and is not subject to Site Design or Conditional Use Permit review by the Historic Commission. He stated that the applicants have asked for the opportunity to present the proposal to the full Commission. Carlos Delgado, Architect at 217 Fourth Street, Ashland, Oregon addressed the Commission. He presented the color rendering of the proposed residence at 85 Winburn Way to the Commission. Mr. Delgado gave an overview of the project proposal and gave a brief history on the applicants, Bryan and Stephanie Deboer. Mr. Delgado pointed out that the applicants are wanting a more "urban project" home in Ashland, to retire in. He went on to say that they are meeting all the standards in the Historic District in regards to height, solar, setbacks, MPFA and wall frontages. Mr. Skibby commented that it's modern but the design and texture fits nicely in the area. Ms. Renwick called attention to the fact that it looks way smaller than it really is. Mr. Shostrom outlined the fact that it is residential, but it doesn't look like it. He went on to say that all the buildings in the area, even though commercial, have a residential feel. Mr. Shostrom mentioned that in looking at the proposal it speaks to the transition between commercial and residential because of the high scale of design. He commented that the way the building "steps up" is a soft feel and the applicant has done a great job with the cascading effect of the plantar boxes and the recessed parking and lower parking garage are a great concept. Mr. Ladygo said as compared to the previous drawings, this is a beautiful design and the massing is good. Ms. Renwick appreciates how Mr. Delgado addressed the issue of the driveway by not having them back out onto Winburn Way. The Commission asked questions about design of pillars and retaining walls, siding (possibly redwood, cedar, or teak) and tree removal, The Commission, as a whole, feels this is an appropriate project for the area and will improve it greatly. OLD BUSINESS: Email from David Sherr regarding plantings in the Plaza - The Commission discussed this and agreed that no one needs to respond to the email. "Gather" sculpture - Emails Ms. Renwick addressed the email and stated that the City allows service to 2 Commissions according to chapter 2.04.09.09C. Ms. Renwick went on the say that herself and Ms. Kencairn have no conflict of interest in regards to the selection of the art. Ms Renwick impressed upon the fact that the sculptress will be doing her own landscaping. She clarified that at the study session for the council they concluded that the process taken by the Public Arts Commission was legal and by the rules. She impressed upon the fact that if the Historic Commission doesn't agree with the rules than they need to be active in changing them. Mr. Skibby stressed that the City Council is working on some ideas for better communication between the Commissions. Mr. Ladygo emphasized that there are 2 qualified members that would be interested in a liaison position between both the Historic Commission and the Public Arts Commission. He went on to say that if the communication lines were open between the Commissions then there wouldn't be this immediate conflict. Mr. Ladygo added that the emails that have been sent regarding the "Gather" sculpture are all subjective in nature and based on "personal taste". He stated that the sculpture would not obstruct anyone's views and will blend in, in any season. Mr. Swink expressed his disappointment at not being able to attend the meeting in November and that he would have made more of a statement against the sculpture. Mr. Swink believes that while the sculpture is nice looking, it's inappropriately placed and doesn't represent Ashland for him. Ms Renwick interrupted Mr. Swink by saying it's subjective. Mr. Swink agreed with Ms. Renwick that it is subjective but stated that he has seen a lot of public artwork in relation to historic buildings and believes that something better could have been chosen. There was much discussion about the size, scale, and appropriateness of the sculpture where Commissioners were voicing their opinions. Ms. Renwick briefly outlined what Ms. Voisin had said at the last meeting and stated that "It's not about the art". Their job was to focus on the scale, size, materials and location of the sculpture, that's all. Mr. Skibby moved the discussion along and said they will wait to hear from the City Council on the process. Ms. Renwick made a recommendation to the Commission by going to the City's website and clicking on the gateway project banner public input section. She went on to say that they are taking the public's responses and creating word clouds. In Ms. Renwick's opinion they are one of the most effective visual things she has ever seen. DISCUSSION ITEMS: There were no items to discuss. COMMISSION ITEMS NOT ON AGENDA: Mr. Skibby shared with the Commission in regards to a visit he had with Barry Thalden, an architect from SOU. Mr. Thalden invited Mr. Skibby to look at a sign making router. Mr. Thalden offered to engrave the plaques for the Historical markers at a low cost. Mr. Skibby passed around samples of the plaques to the Commission. Mr. Skibby reported that all the engraving is done on the computer and the service is available if this is the way everyone wants to go. Mr. Skibby says they may work with smaller projects. Mr.Shostrom and Ms. Renwick were concerned about the quality of the material and how long it would last. This material may be able to be used in other areas of the City. Review Board Schedule December 10th Terry, Allison, Bill December 17th Terry, Sam, Andrew December 24th Terry, Kerry, Tom December 31 st Terry, Kerry, Bill January 7th Terry, Keith, Tom Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 30 S. First St Whitford BD-2013-00813 374 Hargadine Swink PA-2013-01828 310 Oak St. (Thompson) Shostrom PA-2014-02206 485 A Street Renwick PA-2015-00178 156 Van Ness Ave Kencairn PA 2015-00374 j 160 Lithia Way - Emery PA-2015-00541 345 Lithia Way Giordano & Renwick PA-2015-00493 37 N. Main Skibby PA-2015-00878 35 S. Pioneer Ladygo - { PA-2015-01163 868 A' Street Kencairn PA-2015-00980_ 637__B' Street Shostrom - 266 Third Ladygo PA-2015-00797 ~ PAPA--20152015--01115 01496 - -34 S. Pioneer Ladygo _ - - - I - 35 S. Second-Winchester Inn _ Shostrom PA-2015-01512 198 Hillcrest Swink PA-2015-01695 399 Beach Skibby - PA-2015-01769 860 C Renwick PA-2015-01517 L 209 Oak Shostrom ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for January 6, 2016 at 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:11 pm Respectfully submitted by Regan Trapp CITY OF ASHLAND Ashland Housing and Human Services Commission Minutes November 19, 2015 CALL TO ORDER Chair Josh Boettiger called the meeting to order at 4:30 pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison Joshua Boetti er, Pam Marsh Rich Rohde Heidi Parker SOU Liaison Sue Crader Megan Mercier Regina Ayars Coriann Matthews Staff Present: Tom Buechele Linda Reid, Housing Specialist Tom Gunderson Gina DuQuenne Carolyn Schwendener, Admin Assistant APPROVAL OF MINUTES Ayars/Rhode m/s to approve the minutes of the October 22, 2015 Housing and Human Services Commission meeting with one correction. Voice Vote: All ayes, minutes were approved with correction. PUBLIC FORUM Derek Johnson introduced himself. Mr. Johnson has lived in Ashland for around ten years and is concerned about the housing issues in Ashland. Mr. Johnson presented a Housing First proposal. The concept of Mr. Johnsons proposal is based on five critical principals. 1. Housing First 2. Decriminalizing homelessness 3. Equality 4. Local Community 5. Meeting diverse needs (homeless Community is not a single group but a diverse group) Ten sectors in the Community that Mr. Johnson touched upon were; Veterans, Women, Families, Parents, Crisis, Disability, Seasonal Workers, Mobile Workers, Travelers and Economic Refugees. Mr. Johnsons concept is looking at the possibility of leasing out houses during the winter months theoretically at a time when rates are lower. He suggested setting aside $10,000 for each of the above sectors. The second phase of his proposal would address housing year round. The Commissioners thanked Mr. Johnson for his input and invited him to stay for the remainder of the meeting as some of his topics will be addressed on tonight's agenda. Meha Hadell, who is new in our Community, addressed the Commission. Ms. Hadell is a yoga and dance teacher who has a continuing concern for the homeless and would like to see a safe space provided for them. Her concern is for the group of people who are at a place in their life where they need assistance getting back on their feet and are willing to move forward making healthy choices. HOMELESS ISSUES DISCUSSION Staff Liaison Reid explained that she had recently spoken with a person who expressed an interest in purchasing the Lithia Springs Girls home located at 862 Siskiyou Boulevard and using it in some way for affordable housing. The unit has eight bedrooms and a Commercial kitchen. This person was inquiring if there was any interest in the non-profit community for leasing that space and operating it. The Commissioners discussed the different possibilities for the use of the property. John Wieczorek, board member of Options for Homeless Residents in Ashland, introduced himself. Mr. Wieczorek acknowledged their organization looked at the girls home prior to it coming on the market. The group is interested in the idea of offering supportive housing at that site though currently are not in a position to purchase the property. Mr. Wieczorek commented that Options for Homeless Residents does see an opportunity to form a relationship with a private individual maybe entertaining a discussion of leasing to own. Reid explained the next step is to meet with the interested buyer and discuss the possible proposals. Commissioner Parker reminded the Commissioners that the Housing and Human Services Commission was formed from the Homeless Steering Committee and the Housing Commission and she did not want them to loose sight of the recommendations that the Homeless Steering Committee had put forth prior to this Commission being formed. Parker encouraged the Commissioners to examine those recommendations and see if they are still relevant. Put this on the agenda for the goal setting retreat. STUDENT FAIR HOUSING-FOLLOW-UP AND DISCUSSION SOU Liaison Mercier reported she has not yet formed a core group of students that can work on the Student Fair Housing Ordinance. Ms Mercier has had prior discussions with various students who have experienced housing discrimination and are interested in being part of that group. Ms. Mercier inquired as to why more affordable housing is not being built in Ashland because it appears that student housing seems to be maxed out. The Commissioners explained that the price of land is so high it doesn't generally pencil out for developers. Snowberry located on Clay Street was the last affordable multi-family complex built in Ashland. Reid handed out the original housing survey that had been mailed to landlords and property management companies in order to get feedback. Reid suggested updating the survey and doing a mailing to the new rental registry list. Reid also suggested doing outreach to the Southern Oregon Renters Association. She has requested to be put on their next meeting agenda. Reid has contacted Louise Dix to see if the Fair Housing Council can do Fair Housing testing in the Ashland area. It was suggested the testing surround age and source of income to determine if those population segments are being discriminated against. The Commissioners made changes to the survey and Reid will type it up and send it out to the Commissioners for their review. REVIEW OF THE INCLUSIONARY ZONING BILL Guest speaker Civil Rights advocate Jonathan Ostar from Portland spoke. For the last five years Mr. Ostar has been leading the State wide effort to repeal the prohibition on Inclusionary Zoning. It is Mr. Ostar's desire that Ashland would join a number of other cities across the state formally endorsing a repeal of the fifteen year old ban on exclusionary zoning. Rohde/Crader m/s that we as a Commission recommend and advise to the City Council that they pass a resolution in support of the lifting of the ban on exclusionary zoning in Oregon. Voice Vote: All ayes, motion passed. Reid will draft a memo to the Council and include the State Bill. HOUSING TRUST FUND SUB-COMMITTEE REPORT AND DISCUSSION Rohde reported the sub-committee met and reviewed the financial report that was provide by City Finance Director Lee Tuneberg. Mr. Tuneberg provided the information explaining where the City budget is at and what the money is designated for. The report is missing the funding from the Food Tax but when it becomes available Mr. Tuneberg will provide it. Rohde commented that Mr. Tuneberg had a very compelling narrative of how difficult it is to move any of these pieces. New sources of money are easier to allocate to new activities, it will be difficult to maneuver any money out of the existing designated categories, stated Rohde. Commissioner Ayars announced her resignation from the Commission. She acknowledged some of the accomplishments that the Commission has made during her nine years of service and expressed her appreciation for the opportunity to be part of this Commission. The Commissioners thanked her for her years of service. LIAISON REPORTS Council Report - Councilor Marsh reported that what the Council is looking for is Community groups and advocacy groups to step forward and try to pick up the many solutions that have been proposed surrounding the Homeless population. Marsh is personally working on a project similar to one in Palo Alto called Palo Alta Downtown Streets program. People on the street are invited to participate in a volunteer program doing public service projects, meeting with a case worker etc. In return they receive vouchers for basic needs. It's intended to be a transitional program with the goal of working toward permanent housing and employment. Marsh would like to invite the Palo Alto representative to Ashland to discuss their program. GENERAL ANNOUNCEMENTS It was decided to do the Goal Setting Retreat on Tuesday December 15, 2015 from 5:00 - 8:00 pm in the Siskiyou Room at the Community Development & Engineering Department at 51 Winburn Way. Topics for the retreat are; goal setting, homeless issues, social service grant evaluation, rental housing discussion. Hospice has decided to establish their facility in Medford. Parker reported on the volunteer training for the homeless shelter. About twenty people attended. She stated that the background check for the volunteers has changed, making it much easier. It's now computerized. Could use more volunteers especially for the next two weeks during the Holiday season. Reid announced that the Point in Time Homeless count is coming up soon. FEBRUARY 25. 2016 AGENDA ITEMS Fair Housing discussion Rental Housing discussion Social Service Grant Quorum Check: Next Housing Commission Meeting - 4:30-6:30 PM; January 28, 2016 4:30-6:30 in the Siskiyou Room at the Community Development & Engineering Department located at 51 Winburn Way. Adjournment The meeting was adjourned at 6:25 p.m. Respectfully submitted by Carolyn Schwendener CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 2016 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS Community Development Director Bill Molnar issued the following announcements: 1) the City Council will hold second reading of the marijuana ordinance at their next meeting, 2) the January 26 Planning Commission meeting agenda will include two sets of findings and a discussion on the minor amendments to the Airport Overlay Zone, and 3) the Planning Commission's February study session will be a joint meeting with the Wildfire Mitigation Committee to discuss the wildfire standards update. Commissioners Dawkins and Thompson provided an update on the Downtown Parking Management and Circulation Committee and announced the final plan has been forwarded to the City Council for adoption. CONSENT AGENDA A. Approval of Minutes 1. November 24, 2015 Study Session. 2. December 8, 2015 Regular Meeting. Commissioners Thompson/Dawkins m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed unanimously. PUBLIC FORUM Huelz Gutcheon/2253 Highway 99/Commented on global warming and encouraged the City to stop adding buildings and houses. Joseph Kauth/1 Corral, #13/Commented on weather patterns and global warming. UNFINISHED BUSINESS A. Adoption of Revised Findings for PA-2015-01517, 209 Oak Street. No ex parte contact was reported. Ashland Planning Commission January 12, 2016 Page 1 of 3 Associate Planner Derek Severson explained these findings were already adopted, however in reviewing them staff found inconsistencies regarding the metal roofing and the number of trees to be removed. The commission briefly discussed and agreed the revised findings accurately reflect the commission's decision. Commissioners Pearce/Brown m/s to approved the revised Findings for PA-2015-01517. Voice Vote: all AYES. Motion passed unanimously. TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-02287 SUBJECT PROPERTY: 123 Clear Creek Drive APPLICANTS: John Fields/Clear Creek Investments LLC OWNERS: Clear Creek Investments LLC & Cooper Investments LLC DESCRIPTION: A request for Site Design Review approval to construct four two-story mixed-use buildings, consisting of leasable ground-floor office space and eight residential dwelling units on the second floors, and one two-story office building for the property located at 123 Clear Creek Drive. The request would also modify the previously approved Clear Creek Village Subdivision by further subdividing Lot 8 under the Performance Standards Options Chapter to create five new buildable lots to accommodate the proposed development. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391 E 05 CD; TAX LOT: #1803. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Norton, Dawkins, Pearce, Miller, and Brown declared site visits. No ex parte contact was reported. Staff Report Associate Planner Derek Severson reviewed the applicant's proposal to divide the lot at 123 Clear Creek Drive into five lots with an open space corridor and construct five buildings. He noted Clear Creek Drive has already been improved to city standards and displayed the project's site plan, building elevations, floor plans, tree protection plan, planning plan, utility plan, and grading plan. Mr. Severson stated the Tree Commission reviewed the application and recommended the applicant avoid pear trees and install sun protection and buck guards to ensure the longevity of the new trees. He also provided an overview of the applicant's solar setback site plan and stated they are in compliance with the standards. Mr. Severson commented on the parking requirements and noted the original subdivision had a parking plan. He stated no new parking will be added as the applicant's already have the 108 spaces they need to meet the demand of the site. He noted if any of the uses intensity the applicant is required to obtain staff's approval to ensure they are still in compliance with the parking standards. Mr. Severson concluded his presentation and stated in staff's review the proposal is straight forward and merits approval with the conditions proposed in the staff report. Questions of Staff Mr. Severson clarified Clear Creek Drive is a commercial collector with a curb to curb width of 28 ft. and can accommodate on- street parking on one side of the street. Staff was asked to clarify the parking requirements and comment was made that the applicant's calculations don't seem to match up. Mr. Molnar explained two-bedroom units require 1.75 parking spaces and three-bedroom units require 2. He added the applicants can speak to their calculations when they come forward. Applicant's Presentation John Fields and Jerome White addressed the commission and stated the two existing parking lots will serve all the square footage for the development. Mr. Fields explained the titles for each building define how much parking each will need, however this fluctuates as different businesses and uses move in and out of the space. Mr. White added the spreadsheet was created when the original subdivision was done and is a living document; as different projects come in they keep amending it to keep it up to date. Mr. Fields added they are confident they have the parking they need without using any of the on-street parking. Mr. Fields commented on the wetland area and stated these next five buildings will create some enclosure to the development. Mr. Ashland Planning Commission January 12, 2096 Page 2 of 3 White displayed images of the proposed buildings and noted most have office space on the ground floor and apartment units above. He also presented an illustration of the solar shadow and explained where the shadow line will fall. Public Testimony No one came forward to speak. Commissioner Mindlin closed the hearing and the public record at 8"615 p. m. Deliberations & Decision Commissioners Brown/Dawkins mis to approve PA-2015-02287 with the conditions recommended by staff. DISCUSSION: Brown commented that it is a good application and conforms with all the requirements. Dawkins agreed and stated he is looking forward to the continuation of this development. Roll Call Vote: Commissioners Brown, Dawkins, Miller, Norton, Pearce, Thompson, and Mindlin, YES. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 8:10 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission January 12, 2016 Page 3 or 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES JANUARY 26, 2016 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Maria Harris, Planning Manager Melanie Mindlin Derek Severson, Associate Planner Haywood Norton April Lucas, Administrative Supervisor Roger Pearce Lynn Thompson Absent Members: Council Liaison: Troy J. Brown, Jr. Greg Lemhouse, absent Debbie Miller ANNOUNCEMENTSIAD HOC COMMITTEE UPDATES Commissioner Dawkins provided an update on the new entry signs and stated the proposed signs will be available for viewing on Friday, February 5 at the Ashland Art Center. Planning Manager Maria Harris announced the City Council approved the marijuana ordinance with two modifications: 1) to allow up to six outdoor plants for medical marijuana patients, and 2) to require a 1,000 ft. separate between wholesale and production facilities. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Adoption of Findings for PA-2015-01856, 229 W Hersey Street. B. Adoption of Findings for PA-2015-02038, 85 Winburn Way No ex parte contact was reported. Commissioners Thompson/Dawkins m/s to approve the Findings for PA-2015-01856 and PA-2015-02038. Voice Vote: all AYES. Motion passed unanimously. DISCUSSION ITEMS A. Airport Overlay Code Updates. Associate Planner Derek Severson provided a presentation on the proposed changes to the Airport Overlay. He explained the changes would streamline the review process and would: • Adopt the most recent Master Plan as a supporting document to the Ashland Comprehensive Plan. • Provide a ministerial review process for permitting conventional hangars. • Add a parking ratio for conventional hangars. • Change the height limitations from the current 20 ft. maximum. • Allow tree trimming or removal for safety reasons as mandated by the F.A.A. without requiring permits. Ashland Planning Commission January 26, 2016 Page 1 of 2 Mr. Severson noted the commission held a prior study session on this item but staff wanted to bring the final ordinance before the group before this comes back for the formal public hearing. Questions of Staff Staff was asked if there are plans to significantly develop the airport over time. Mr. Severson noted the layout plan shows where development will occur, but he is not aware of anything currently being pursued. He noted people have been hesitant to construct new hangars due to the complexity of the current standards and this modification will free up this option. He added a new airport master plan is also in the works and will be adopted in the next year or two. Commissioner Pearce commented on FAA Part 77 surfaces and stated he does not believe any of these will be a problem but suggested this be addressed in the new master plan. No other questions or issues were raised. ADJOURNMENT Meeting adjourned at 7:20 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission January 26; 2016 Page 2 of 2 CITY OF ASHLAND Council Communication February 16, 2016, Business Meeting Appointment to Housing & Human Services Commission FROM: Barbara Christensen, City Recorder. christebnashland.or.us SUMMARY Confirm Mayor's appointment of Sharon Harris to the Housing & Human Services Commission with a tern to expire April 30, 2017. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Housing & Human Services Commission. COUNCIL GOALS SUPPORTED: Ashland Municipal Code (AMC) Chapter 2.13 FISCAL IMPLICATIONS: n/a STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Sharon Harris to the Housing & Human Services Commission with a term to expire April 30, 2017. SUGGESTED MOTION: Motion to approve Sharon Harris to the Housing & Human Services Commission with a term to expire April 30, 2017. ATTACHMENTS: Application Page I of I ,IF` CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO Q 0 5 N15 CITY COMMISSION/COMMITTEE BY; Please, type-or pfint answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email chri stebgash land. orms. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Sharon Harris Requesting to serve on: Housing & Human Services (Commission/Committee) Address 155 Fifth Street Occupation Owner, Radicle Oil Phone: Home 208-215-1422 Work Email SHarris63@yahoo.com Fax 1. Education Background What schools have you attended? Brandeis Univ, S.A.C.I.(Italy), Univ. of AK Fairbanks, Kodiak CC, Univ. of AK Juneau What degrees do you hold? B.A. and teaching credential What additional training or education have you had that would apply to this position? I've been the chair of 2 nonprofit boards and I've volunteered at the Pioneer Hall shelter for 2 years. I have completed two local compassion training workshops. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? have been a general contractor and worked in the construction field since 1990. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Having been an educator, I believe education is never wasted. I could benefit from working with others, both in my community and outside of Ashland; learning how others have addressed similar housing & human services issues, but my primary focus as a new commission member would be working with the tenured Ashland 1W commission members to understand our specific needs. 3. Interests Why are you applying for this position? 1-have always been active in my community and my work with the homeless, especially after I just completed construction of my home in Ashland, has left me with a desire to help those who are struggling with basic needs: food, shelter, clothing, recognition. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? _My schedule is very flexible as work for myself. I prefer evening meetings though. 5. Additional Information How long have you lived in this community? For 3 years. Please use the space below to summarize any additional qualifications you have for this position I'm not sure how to address my "qualifications" for this commission other than my desire to help to those in need of support. Wwork with the homeless and irenic simultaneous less of my own heme has bFought rne elaseF to understanding how difficult it is to survive for those who struggle with serious problems - addietion, PTSD, mental health, POOF home environments, sexual and physueal abuse, , lack of education - basically, very different life stories than those experienced by the majority of the resAdents of AshlaFid. Last yeaf, wheFi 1 helped with the HUD Point on Time Survey at Unele Food's Diner, I was shocked to learn how many of our lower income residents had suffered or been vietims te i9et one, but many ef the unfeftunate efises listed abeve. These people StWted out with such a disadvantage. I believe in social justice and The Housing and Human Services Gemmissien seems like a means fer this goal. To be a member of a strong community, I believe we should reach out to those less fortunate, not exekKle-ern theta; per pass+er3ate and try to help improve the living situations of those in need. A chain is only as strong as its weakest link. n ~ 28 October 2015 Date Signature ~ar, CITY of ASHLAND Council Communication February 16, 2016, Business Meeting Biennium 2015-2017 Second Quarterly Financial Report FROM: Lee Tuneberg, Administrative Services/Finance Director, lee.tuneberg@ashlaiid.or.us SUMMARY: The Administrative Services Department submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. This report is for the "second-quarter" covering October through December 2015 of the two-year budget. Highlights are presented below and the attached statements include comparisons to budget, between years and to other periods. BACKGROUND AND POLICY IMPLICATIONS: Financial reports are intended to present information in formats consistent with the city-wide, department, fund and business activity presentations included in the annual comprehensive financial report. Quarterly reports are prepared by staff to keep Mayor and Council current on the financial conditions of the city. Presenting financial reports on a regular basis allows Council and top management to ask questions and for staff to highlight trends and anomalies and to make recommendations on necessary changes in a timely fashion. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should Council require any additional information. COUNCIL GOALS SUPPORTED: ORGANIZATION AND GOVERNANCE GOAL (2015-17) Provide high quality and effective delivery of the full spectrum of city service and governance in a transparent, accessible and fiscally responsible manner. FISCAL IMPLICATIONS: This report reflects operations to date on the biennial budget. This report covers the six months' of activities which is half of the first fiscal year (2015-2016) and one quarter of the biennium (2015- 2017). Revenues and expenditures are close to projections and variances are reasonable. This report will also be shared with the Citizen Budget Committee and may be the basis of discussion at the February 18, 2016, meeting. The attachments include: A. Summary of Cash and Investments (focus is on the categorization of monies held) Page 1 of 2 1` CITY OF ASHLAND B. Statement of Revenues and Expenditures - City Wide (focus is on entity financial reporting) C. Schedule of Budgetary Compliance Per Resolutions 2015-19, et al (focus is on budget compliance as amended) D. Statements of Resources, Requirements and Changes in Fund Balance (focus is on, fund financial slalements presenting both budget compliance and results of operations) Highlights after six months of operations: 1. Cash is up between years by $2.8 million which includes $870,000 in proceeds from borrowing for the Garfield Park project. Approximately 62% or $23 million of the total $37 million is restricted in use. 2. Total resources are $5.9 million ahead of uses to date reflecting large distributions in property taxes in November and borrowing but this will change as capital improvements and operations use operating cash balances and reserves. 3. The city has amended the budget twice for grants and the computer conversion but another change will be needed in that disbursements of cash to date for the library exceeded the estimated budget for this period. 4. The General Fuld beginning fiend balance (working capital carry over from BN 2013-2015) 6.5% higher than budgeted, which contributes temporarily to the increased cash on hand. 5. A $325,000 repayment from the Health Benefits Fund to the Reserve Fund was accomplished in December. This is 50% of the amount budgeted for the biennium. 6. The Water Fund revenues to date exceeded expenditures enough to pay $125,000 (25% of budget) to the General Fund for the Ashland Forest Resiliency program. 7. The Telecommunications Fund has not been able to pay toward debt service as of this time. 8. The Health Benefits Fund has a higher fund balance than the prior biennium even with paying $325,000 back to the Reserve Fund. Additional information can be made available if so desired by Council. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the quarterly report. SUGGESTED MOTION: I move to accept the second quarterly financial report for BN 2015-2017. ATTACHMENTS: Financial Statements Page 2 of 2 1` City of Ashland Summary of Cash and Investments December 31, 2015 Balance Balance Change From Fund December 31, 2015 December 31, 2014 FY 2015 General Fund $ 7,418,915 $ 6,696,202 $ 722,713 Community Block Grant Fund 22,898 17,962 4,936 Reserve Fund 527,392 190,972 336,420 Street Fund 4,908,363 5,055,235 (146,872) Airport Fund 136,554 96,099 40,455 Capital Improvements Fund 2,165,757 2,204,875 (39,118) Debt Service Fund 832,688 730,710 101,978 Water Fund 5,305,311 4,585,355 719,956 Wastewater Fund 5,656,997 4,637,000 1,019,997 Electric Fund 1,111,652 1,319,355 (207,703) Telecommunications Fund 124,855 216,315 (91,460) Central Services Fund 1,332,569 1,301,276 31,293 Insurance Services Fund 1,201,146 2,017,807 (816,661) Health Benefits Fund 399,918 493,081 (93,163) Equipment Fund 3,080,945 2,692,937 388,008 Cemetery Trust Fund 931,804 910,513 21,291 $ 35,157,764 $ 33,165,693 $ 1,992,071 Parks & Recreation Agency Fund 1,963,117 1,175,674 787,443 1,963,117 1,175,674 787,443 Total Cash Distribution $ 37,120,881 $ 34,341,367 $ 2,779,514 Manner of Investment General Banking Accounts $ 364,357 $ 874,020 $ (509,663) Local Government Inv. Pool 35,756,525 32,467,347 3,289,178 City Investments 1,000,000 1,000,000 - Total Cash and Investments $ 37,120,881 $ 34,341,367 $ 2,779,514 Dollar Distribution Cash Balance Distribution Central Services, Parks and Insurance and Recreation Funds Equipment Funds 5% Claims& Trust 16% Judgments $932,435 Unassigned $927,503 SDC's 3% r $13,931,438 I $6,760,284 38% ~ - J 18% TOT Tourism Library $99,108 - 0% Asset Forfeited Business Type Debt Reserved Funds $3,515,391 $29,678 33% All Other (General 9% Other Reserved 0% Government) $10.925,045 46% 29% 6 Dec FY16 Financial Report x1sx 215/2016 City of Ashland Statement of Revenues and Expenditures - City Wide As of December 31, 2015 ( 25% of biennium) Biennial Percent Biennial To Date Actuals Budget Collected 2013.2015 Resource Summary (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium Revenues Taxes $ 15,331,997 $ 45,305,576 33.8% $ (29,973,579) $ 14,057,838 $ 42,178,084 Licenses and Permits 396,524 1,910,425 20.8% (1,513,901) 691,655 1,872,797 Intergovernmental Revenues 2,308,869 13,259,724 17.4% (107950,855) 1,187,641 6,078,233 Charges for Services - Rate & Internal 27,014,458 109,705,598 24.6% (82,691,140) 26,084,421 97,941,318 Charges for Services - Misc. Service fees 874,372 2,980,052 29.3% (2,105,680) 721,649 2,922,427 System Development Charges 267,093 592,416 45.1% (325,323) 405,024 1,134.394 Fines and Forfeitures 96,750 410,000 23.6% (313,250) 84,701 362.187 Assessment Payments 27,231 520,000 5.2% (492,769) 58,317 126,991 Interest on Investments 90,001 369.358 24.4% (279,357) 82,400 356,651 Miscellaneous Revenues 258,199 1,200.678 21.5% (942,479) 777,293 3,141,882 Total Revenues 46,665,494 176,253,827 26.5% (129,588,333) 44,150,938 156,114,964 Budgetary Resources: Other Financing Sources 866,500 26,935,724 3.2% (26,069,224) 674,370 1,838,589 Interfund Loans 325,000 2,571,200 12.6% (2,246,200) 1,014,795 1,684,795 Transfers In 1,029.075 2,456,240 41.9% (1,427,165) 234,269 1,897,442 Total Budgetary Resources 2.220.575 31.963.164 6.9% (29.742.589) 1,923.434 5,420,826 Total Resources 48,886,069 208,216,991 23.5% (159,330,922) 46,074,372 161,535,790 Requirements by Classification Personal Services 14,647,820 61,213,213 23.9% 46,565,393 14,553,651 55,146,073 Materials and Services 22,639,832 92,450,567 24.5% 69,810,735 21,269,867 80,154,005 Debt Service 2,116,878 10,632,044 19.9% 8,515,166 2,393,628 9,220,534 Total Operating Expenditures 39,404,530 164,295,824 24.0% 124,891,294 38,217,146 144,520,612 Capital Construction Capital Outlay 2,208,513 53,228,451 4.1% 51,019,938 3,921,921 14,464,960 Interfund Loans 325,000 2,571,200 12.6% 2,246,200 1,014,795 1,684,795 Transfers Out 1,029,075 2,456,240 41.9% 1,427,165 554,269 1,897,442 Contingencies (Original Budget $3,085,000) - 3,085,000 0.0% 3,085,000 - - Total Budgetary Requirements 1,354,075 8,112,440 16.7% 6,758,365 1,569,064 3,582,237 Total Requirements 42,967,120 225,636,715 19.0% 182,669,597 43,708,131 162,567,809 Excess (Deficiency) of Resources over Requirements 5,918,949 (17,419,724) 134.0% 23,338,673 2,366,241 (1,032,019) Working Capital Carryover 32,934,606 30,632,011 107.5% 2,302,595 33,966,626 33,966,626 Unappropriated Ending Fund Balance $ 38,853,554 $ 13,212,287 294.1% $ 25,641,267 $ 36,332,867 $ 32,934,606 6. Dec FY16 Financial Recut xlsx 2/5/2016 2 City of Ashland Schedule of Budgetary Compliance Per Resolution #2015-19 Amended for Resolution #2015-27 and #2015-30 As of December 31, 2015 ( 25% of biennium) Biennial to date actuals (6 Biennial Budget Percent Months) 2015-2017 Used Balance General Fund Administration $ 93,106 $ 645,639 14.4% $ 552,533 Administration - Library 56,587 47,657 118.7% (8,930) Administration - Tourism 21,335 315,901 6.8% 294,566 Administration - Municipal Court 232,623 1,056,830 22.0% 824,207 Administrative Services - Social Services Grants 130,885 267,933 48.8% 137,048 Administrative Services - Economic & Cultural Grants 496,454 1,695,033 29.3% 1,198,579 Administrative Services - Miscellaneous 39,707 269,000 14.8% 229,293 Administrative Services - Band 40,568 130,550 31.1% 89,982 Administrative Services - Parks 2,340,000 9,560,000 24.5% 7,220,000 Police Department 3,378,163 13,618,435 24.8% 10,240,272 Fire and Rescue Department 3,673,586 15,870,654 23.1% 12,197,068 Public Works - Cemetery Division 184,490 755,365 24.4% 570,875 Community Development - Planning Division 666,164 2,886,423 23.1% 21220,259 Community Development - Building Division 346,402 1,459,230 23.7% 1,112,828 Interfund Loan - 66,000 0.0% 66,000 Transfers 293,080 518,570 56.5% 225,490 Contingency - 697,000 0.0% 697,000 Total General Fund 11,993,150 49,860,220 24.1% 37,867,070 Community Development Block Grant Fund Personal Services 11,257 65,420 17.2% 54,163 Materials and Services 74,132 374,378 19.8% 300,246 Total Community Development Grant Fund 85,389 439j 19.4% Reserve Fund Interfund Loan - 850,000 0.0% 850,000 Total Reserve Fund 0.0% Street Fund Public Works - Ground Maintenance 140,919 494,400 28.5% 353,481 Public Works - Street Operations 1,588,789 12,991,770 12.2% 11,402,981 Public Works - Street Operations Debt 115,073 246,710 46.6% 131,637 Public Works - Storm Water Operations 326,504 1,312,700 24.9% 986,196 Public Works - Storm Water Operations Debt 11,425 25,300 45.2% 13,875 Public Works - Transportation SDC's - 2,956,854 0.0% 2,956,854 Contingency - 99,000 0.0% 99,000 Total Street Fund 2,182,710 18,126,734 12.0% 15,944,024 Airport Fund Materials and Services 28,372 460,943 6.2% 432,571 Capital Outlay 314 40,000 0.8% 39,686 Debt Service 19,268 77,072 25.0% 57,804 Contingency - 13,000 0.0% 13,000 Total Airport Fund 47,954 591,015 8.1% 543,061 6 Dec FYI 6 Financial Report xlsx 3 2/512016 Schedule of Budgetary Compliance Per Resolution #2015-19 Amended for Resolution #2015-27 and #2015-30 As of December 31, 2015 ( 25% of biennium) Biennial to date actuals (6 Biennial Budget Percent Months) 2015-2017 Used Balance Capital Improvements Fund Public Works - Facilities 389,049 2,820,650 13.8% 2,431,601 Administrative Services - Open Space (Parks) 1,324,160 3,707,182 35.7% 2,383,022 Transfers 38,981 277,370 14.1% 238,389 Contingency - 200,000 0.0% 200,000 Total Capital Improvements Fund 1,752,190 7,005,202 25.0% 5,253,012 Debt Service Fund Debt Service 1,239,988 4,270,200 29.0% 3,030,212 Total Debt Service Fund 1,239,988 4,270,200 29.0% 3,030,212 Water Fund Public Works - Conservation 117,625 696,025 16.9% 578,400 Public Works - Water Supply 629,967 2,557,935 24.6% 1,927,968 Public Works - Water Supply Debt 8,950 18,971 47.2% 10,021 Public Works Water Distribution 1,465,489 9,595,707 15.3% 8,130,218 Public Works - Water Distribution Debt 225,466 502,133 44.9% 276,667 Public Works - Water Treatment 578,506 13,941,884 4.1% 13,363,378 Public Works - Water Treatment Debt 102,975 281,543 36.6% 178,568 Public Works - Improvement SDC's 6,831 3,170,335 0.2% 3,163,504 Public Works - Debt SDC's 130,208 361,658 36.0% 231,450 Transfer 125,000 500,000 25.0% 375,000 Contingency - 170,000 0.0% 170,000 Total Water Fund 3,391,016 33,213,203 10.2% 29,822,187 WasteWater Fund Public Works - Wastewater Collection 976,551 5,349,514 18.3% 4,372,963 Public Works - Wastewater Collection Debt 54,714 147,457 37.1% 92,743 Public Works - Wastewater Treatment 1,183,537 10,183,710 11.6% 9,000,173 Public Works - Wastewater Treatment Debt 186,148 3,237,300 5.8% 3,051,152 Public Works - Reimbursemetns SDC's 1,657 3,691,644 0.0% 3,689,987 Contingency - 192,000 0.0% 192,000 Total Wastewater Fund 2,404,494 22,801,625 10.5% 20,397,131 Electric Fund Administration - Conservation 427,597 1,420,030 30.1% 992,433 Electric - Supply 3,277,474 13,751,887 23.8% 10,474,413 Electric - Distribution 3,118,141 14,041,211 22.2% 10,923,070 Electric - Transmission 487,875 2,225,945 21.9% 1,738,070 Debt Service 22,664 46,688 48.5% 24,024 Contingency - 279,000 0.0% 279,000 Total Electric Fund 7,333,751 31,764,761 23.1% 24,431,010 6 Dec FYI 6 Financial Report x1sx 2/5!2016 Schedule of Budgetary Compliance Per Resolution #2015-19 Amended for Resolution #2015-27 and #2015-30 As of December 31, 2015 ( 25% of biennium) Biennial to date actuals (6 Biennial Budget Percent Months) 2015-2017 Used Balance Telecommunications Fund IT- Personal Services 328,074 1,343,230 24.4% 1,015,156 IT - Materials & Services 459,783 2,028,504 22.7% 1,568,721 IT - Capital Outlay 164,215 250,000 65.7% 85,785 Debt - To Debt Service Fund " - 818,000 0.0% 818,000 Contingency - 250,000 0.0% 250,000 Total - Telecommunications Fund 952,072 4,689,734 20.3% 3,737,662 Note: In M & S appropriation Central Services Fund Administration Department 818,445 3,314,520 24.7% 2,496,075 Information Technology - Info Services Division 598,034 2,907,638 20.6% 2,309,604 Administrative Services Department 1,049,727 4,867,097 21.6% 3,817,370 City Recorder 250,335 912,590 27.4% 662,255 Public Works - Administration and Engineering 825,936 3,621,822 22.8% 2,795,886 Contingency - 125,000 0.0% 125,000 Total Central Services Fund 3,542,477 15,748,667 22.5% 12,206,190 Insurance Services Fund Personal Services 48,898 204,960 23.9% 156,062 Materials and Services 605,640 1,814,790 33.4% 1,209,150 Transfers 569,500 1,069,500 53.2% 500,000 Contingency - 390,000 0.0% 390,000 Total Insurance Services Fund 1,224,038 3,479,250 35.2% 2,255,212 Health Benefits Fund Materials and Services 2,413,018 9,580,000 25.2% 7,166,982 Interfund Loan 325,000 650,000 50.0% 325,000 Contingency - 500,000 0.0% 500,000 Total Health Benefits Fund 2,738,018 10,730,000 25.5% 7,991,982 Equipment Fund Public Works - Maintenance 707,420 2,961,860 23.9% 2,254,440 Public Works - Purchasing and Acquisition 254,875 1,330,500 19.2% 1,075,625 Interfund Loan - 965,200 965,200 Contingency - 70,000 0.0% 70,000 Total Equipment Fund 962,295 5,327,560 18.1% 4,365,265 Cemetery Trust Fund Transfers 2,514 10,800 23.3% 8,286 Total Cemetery Trust Fund 2,514 10,800 23.3% 8,286 6. Dec FY16 Financial Report xlsx 5 21512016 Schedule of Budgetary Compliance Per Resolution #2015-19 Amended for Resolution #2015-27 and #2015-30 As of December 31, 2015 ( 25% of biennium) Biennial to date actuals (6 Biennial Budget Percent Months) 2015-2017 Used Balance Parks and Recreation Fund Parks Division 1,982,916 8,127,847 24.4% 6,144,931 Recreation Division 698,315 2,828,630 24.7% 2,130,315 Golf Division 281,882 1,104,650 25.5% 822,768 Transfers - 80,000 0.0% 80,000 Contingency - 100,000 0.0% 100,000 Total Parks and Recreation Fund 2,963,113 12,241,127 24.2% 9,278,014 Parks Capital Improvement Fund Personal Services - 189,930 0.0% 189,930 Capital Outlay 50,936 3,817,889 1.3% 3,766,953 Total Parks Capital Improvement Fund 56,085 4,007,819 1.4% 3,951,735 Parks Equipment Fund Capital Outlay 95,864 439,000 21.8% 343,136 Interfund Loan - 40,000 0.0% 40,000 Total Parks Equipment Fund 95,864 479,000 20.0% 383,136 Total Appropriations $ 42,967,120 $ 225,636,715 19.0% $ 182,669,595 6 Dec FY16 Financial Report xlsx G 2/5/2016 6 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 110 General Fund Taxes $ 13,497,668 $ 38,746,990 34.8% $ (25,249,322) $ 12,743,296 $ 35,933,208 Licenses and Permits 396,524 1,910,425 20,8% (1,513,901) 691,655 1,872,797 Intergovernmental 454,887 1,543,538 295% (1,088,651) 288,441 1,373,375 Charges for Services 85066 3,331,350 25.7% (2,474,984) 907,070 3,148,841 Fines 96,750 410,000 236% (313,250) 84,701 362,187 Interest on Investments 8,508 60,000 14.2% (51,492) 7,609 47,932 Miscellaneous 52,047 73,000 71.3% (20,953) 38,452 157,037 Interfund Loan (Equipment Fund) - 126.200 0.0% (126,200) - - Transfer in (Water Fund) 125,000 500,000 25.0% (375,000) - 100,000 Transfer In (Cemetery Fund) 2.514 10,800 233% (8,286) 2,364 91139 Total Revenues and Other Sources 15,490,265 46,712,303 33.2% (31,222,038) 14,763,588 43,004,516 Administration 93,106 645,639 14.4°/6 552,533 71,167 357,888 Administration - Library 56.587 47,657 118.7% (8,930) 99,926 487,988 Administration - Tourism 21.335 315.901 6.8% 294,566 6,291 47,467 Administration - Municipal Court 232,623 1,056.00 22.0% 824,207 253,008 964,592 Administrative Services - Social Services Grants 130,885 267,933 48.8% 137,048 126,840 254,205 Administrative Services - Economic & Cultural Grants 496,454 1,695,C33 29.3% 1,198,579 446,637 1,304,744 Administrative Services - Miscellaneous 39,707 269,000 14.8% 229,293 52,334 185715 Administrative Services - Band 40,568 130,550 31.1°% 89,982 39,904 114,017 Administrative Services - Parks 2,340.000 9,560,000 24.5% 7,220,000 2.926,211 8,856,000 Police Department 3,378,163 13,618,435 24.8% 10,240,272 3,278,415 12,316,387 Fire and Rescue Department 3,673,586 15,870,654 23 1% 12,197,068 3,573,246 13,149.854 Public Works - Cemetery Division 184,490 755,365 24.4% 570,875 162,462 663,518 Community Development- Planning Division 666,164 2,886,423 23.1% 2,220,259 633,720 2,547,191 Community Development- Building Division 346,402 1,459,230 23.7% 1,112,828 332,757 1,327,542 Interfund Loan - 66.000 0.0% 66.000 - - Transfers Out (Debt Service & Cemetery) 293,080 518,570 56.5% 225,490 192,324 192,824 Contingency - 697,000 0.0% 697,000 - - Total Expenditures and Other Uses 11,993,151 49,860.220 24.1% 37,867,069 12,195,242 42,769.932 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 3,497,114 (3,147,917) 211.1% 6,645,031 2,568,346 234,584 Fund Balance, Jul 1, 2015 3,620,263 3,400,277 106.5% 219,986 3,385,679 3,385,679 Fund Balance, Dec 31, 2015 $ 7.117,377 $ 252.360 2820.3% $ 6,865,017 $ 5,954.026 $ 3,620,263 Reconciliation of Fund Balance: Restricted and Committed Funds 737,988 Unassigned Fund Balance $ 6,379,389 6. Dec FY16 Financial RepW 111. 7 M12016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 250 Community Development Block Fund Intergovernmental $ 74.013 $ 439798 16.8% $ (365,785) $ 9,920 $ 335,060 Total Revenues and Other Sources 74,013 439,798 16.8% (365,785) 9,920 335,060 Personal Services 11,257 65.420 17.2% 54,163 18,710 67,560 Materials and Services 74,132 374,378 19.8% 300,246 9.941 267,504 Total Expenditures and Other Uses 85.389 439798 19.4% 354.409 28.651 335.064 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (11,376) - N/A (11,376) (18,731) (4) Fund Balance, Jul 1, 2015 33,797 1 3379700.0% 33,796 33,801 33,801 Fund Balance, Dec 31, 2015 $ 22,421 $ 1 2242135.0% $ 22.420 $ 15,070 $ 33.797 Reconciliation of Fund Balance: Restricted and Committed Funds 22.421 Unassigned Fund Balance $ - 6. Dec FY16 Financial Report 2/5/2016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 255 Reserve Fund Interest on Investments $ 6,114 $ 34,000 18.0% $ (27,886) $ 4,805 $ 16,699 Interfund Loan 325,000 650,000 50.0% (325,000) 250,000 250,000 Transfers In - - NIA - - Total Revenues and Other Sources 331,114 684,000 48.4% (27,886) 4,805 266,699 Interfund Loan (Health Benefits Fund) 850 000 0.0% 850,000 400,000 900,000 Transfer out - - NIA - - 190,000 Total Expenditures and Other Uses - 850,000 0.0% 850,000 400.000 1,090.000 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 331,114 (166,000) 2995% 497,114 (395,195) (823,301) Fund Balance, Jul 1, 2015 196,279 204,580 95.9% (81301) 1,019.580 1,019,580 Fund Balance, Dec 31, 2015 $ 527,393 $ 38.580 1367.0% $ 488.813 $ 624.385 $ 196,279 Reconciliation of Fund Balance: Restricted and Committed Funds 527,393 Unassigned Fund Balance $ 0 6. Dec FY16 Financial Repvl As, g 2/512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 260 Street Fund Taxes $ 11,319 $ 96,700 11.7% $ (85,381) $ 14,624 $ 115,161 Intergovernmental 611,479 7,422,136 8.2% (6,810,657) 584,909 2,347,988 Charges for Services - Rates 1.060,351 4,219,700 25.1% (3,159,349) 1,007,761 4,038,568 Charges for Services - Misc. Service Fees 12,213 - NIA 12,213 13,887 57,612 System Development Charges 56,319 133,000 42.3% (76,681) 99,772 245,552 Assessments 27,231 120,000 22.7% (92,769) 58 317 126,991 Interest on Investments 14.294 48,000 29,8% (33,706) 12,631 48,418 Miscellaneous 70.087 100,000 701% (29,913) 123,213 356,423 Other Financing Sources 3,306.854 0.0% (3,306,854) - - Total Revenues and Other Sources 1,863,292 15,446,300 12.1% (13,583,098) 1,915,114 7,336,713 Public Works - Ground Maintenance 140,919 49414J0 28.5% 353,481 - - Public Works Street Operations 1,703,862 12,991,770 13.1% 11,287,908 1 106,553 5,036,308 Public Works - Street Operations Debt 246:710 0.0% 246,710 115,673 237,823 Public Works - Storm Water Operations 326,504 1,312,700 24.9% 986196 277,820 1079,458 Public Works - Storm Water Operations Debt 11,425 25,300 45.2% 13,875 11,525 26,317 Public Works - Transportation SDC's 2,956,854 0.0% 2,956,854 - 91,028 Public Works - Storm Water SDC's - - NA - 2,469 4,670 Public Works - Local Improvement Districts - N/A - - - Contingency - 99,000 0.0% 99,000 - - Total Expenditures and Other Uses 2,182,709 18,126,734 12.0% 15944,025 1,514,040 6,475,604 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (319,417) (2;680.344) 88.1% 2,360,927 401,074 861,109 Fund Balance, Jul 1, 2015 5,278,231 4,702624 112.2% 575.607 4,417,122 4,417,122 Fund Balance, Dec 31, 2015 $ 4,958,814 $ 2,022,280 245.2% $ 2,936,534 $ 4.818.197 $ 5.278.231 Reconciliation of Fund Balance: Restricted and Committed Funds 4,958,814 Unassigned Fund Balance $ 0 1 Dec FV16 Financial Report. x1,, 10 2512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 280 Airport Fund Charges for Services - Rates $ 60,119 $ 276,000 21.8% $ (215,881) $ 62,846 $ 274,192 Interest on Investments 327 500 65.3% (173) 224 953 Other Financing Sources - 270,0C10 0.0% (270,000) - - Interfund Loan - - N/A - - Total Revenues and Other Sources 60,446 546,500 11.1% (486,054) 63,070 275,145 Materials and Services 28,372 460.923 6.2% 432,571 33,909 133,293 Capital Outlay 314 40,000 0.8% 39,686 - 44,962 Debt Service 19,268 77.072 25.0% 57,804 19,268 77,072 Interfund Loan - - N/A - - 19,000 Contingency - 13,000 0.0% 13,000 - - Total Expenditures and Other Uses 47,954 591.015 8.1% 543,061 53.177 274.327 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 12,491 (44,515) 128.1% 57,006 9,894 818 Fund Balance, Jul 1, 2015 117.514 114.751 102.4% 2,763 116,696 116.696 Fund Balance, Dec 31, 2015 $ 130.005 $ 70.236 185.11% $ 59.769 $ 126.589 $ 117.514 Reconciliation of Fund Balance: Restricted and Committed Funds 130,005 Unassigned Fund Balance $ (0) 6 Dec FY16 Financial RepoiI xlsx 11 2/5/2016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 410 Capital Improvements Fund Taxes $ 176,477 $ 1,093,400 16.1% $ (916,923) $ 163,143 $ 993,068 Intergovernmental 870,000 - NIA 870,000 - 520,240 Charges for Services - Internal 473,085 2,205,600 21.4% (1,732,515) 464,313 1,857,254 Charges for Services - Misc. Service Fees 2,000 - N/A 2,000 41,129 127,416 System Development Charges 22,625 129,416 17.5% (106,791) 31,932 97,839 Interest on Investments 6,594 22,600 29.2% (16,006) 5,330 21,667 Miscellaneous - 22100 0.0% (22,100) 1,503 47,712 Other Financing Sources - 3,050,045 0.0% (3,050,045) - - Transfer In (Insurance Fund) 100,000 100.0(10 100.0% - - Total Revenues and Other Sources 1,650,782 6,623161 24.9% (4,972,379) 707,350 3,665,195 Public Works - Facilities 389,049 2,820,650 13.8% 2,431,601 422,174 2,109,209 Administrative Services - SDC (Parks) - - NIA - - Administrative Services - Open Space (Parks) 1,324,160 3,707,1ri2 35.7% 2,383,022 - 816,727 Transfers Out (Debt Service Fund) 38,981 277,370 14.1% 238,389 39,581 83,479 Interfund Loan (Equipment Fund) - - N/A - - 1,000 Contingency - 200,000 0.0% 200,000 - - Total Expenditures and Other Uses 1.752,190 7,005,K2 25.0% 5053.012 461.755 3.010.415 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (101,409) (382,021) 73.5% 280,632 245,595 654,780 Fund Balance, Jul 1, 2015 2.749,486 1,918,994 143.3% 830,492 2.094706 2,094,706 Fund Balance, Dec 31, 2015 $ 2,648,077 $ 1,536,953 172.31% $ 1,111,124 $ 2,340,301 $ 2,749,486 Reconciliation of Fund Balance: Restricted and Committed Funds 2,648,077 Unassigned Fund Balance $ 0 6 Dec FY16 financial Report xlsx 12 2/5/1016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 530 Debt Services Taxes $ 454,649 $ 955,426 476% $ (500,777) $ 450,910 $ 1,019,824 Charges for Services - Internal 372,650 2,308,600 16 1% (1.935,950) 572,650 2,308,600 Charges for Services - Misc Service Fees 60.488 149,036 40.6% (88,548) 18,788 132.076 Assessments - 400,000 0.0% (400,000) - - Interest on Investments 919 20,000 4.6% (19,081) 1,219 8,161 Miscellaneous - 58,604 0.0% (58,604) 6 6 Interfund Loan - - N/A - - Transfer In (General Fund & CIP) 331.561 473,940 70.0°0 (142,379) 231,405 275,303 Other Financing Sources - - N/A - - Total Revenues and Other Sources 1,220,267 4,365,606 28.0% (3 145,339) 1,274,979 3,743,970 Materials and Services - - N/A - - 6,294 Debt Service 1,239,988 4,270,200 29.0% 3,030,212 1,332,282 3,661,939 Interfund Loan (Central Service Fund) - - N/A - 364,795 364,795 Total Expenditures and Other Uses 1,239,988 4,270 200 29.0% 3,030,212 1,697,077 4,033,028 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (19,720) 95,406 -20.7% (115,126) (422,098) (289,058) Fund Balance, Jul 1, 2015 861.560 753,948 114.3% 107,612 1,150,618 1.150.618 Fund Balance, Dec 31, 2015 $ 841.840 $ 849.354 99.1% $ (7,514) $ 728,520 $ 861560 Reconciliation of Fund Balance: Restricted and Committed Funds 841.840 Unassigned Fund Balance $ - 6. Dec Fv16 Financial RepoI %is, 13 2/512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 670 Water Fund Taxes $ 2 $ - N/A $ 2 $ 14 $ 80 Intergovernmental 14,897 14,000 106.4% 897 7,000 160,220 Charges for Services - Rates 4,016,569 13,954,600 28.8% (91938,031) 3,554,636 11,913,085 Charges for Services - Misc. Service Fees 62,552 - N/A 62,552 55,207 164,472 System Development Charges 137,022 2007000 68.5% (62978) 205,486 597,443 Interest on Investments 13,395 40,800 32.8% (27,405) 12.858 56,607 Miscellaneous 7,403 24,000 30.8% (16,597) 935 34,573 Other Financing Sources - 14,990,125 0.0% (14,990,125) 674,370 1,724,546 Total Revenues and Other Sources 4,251,840 29,223,525 14.5% (24,971,685) 4,510,506 14,651,026 PublicWorks - Conservation 117,625 696,025 169% 578,400 126,309 442,021 Fire - Forest Lands - N/A - 136,668 889,478 Public Works - Water Supply 629,967 2,557,935 24.6% 1,927,968 2,318,230 4,819,863 Public Works - Water Supply Debt 8 950 18,9.1 47.2% 10,021 21,474 44,787 Public Works - Water Distribution 1,465,489 9,595,707 15.3% 8,130,218 697,561 2,289,201 Public Works - Water Distribution Debt 225,466 502,133 449% 276,667 193,039 467,434 Public Works - Water treatment 578.506 13 941,854 4.1% 13,363,378 1.437,043 5,364,675 Public Works - Water Treatment Debt 102,975 281,543 36.6% 178,568 302,174 662,801 Public Works - Reimbursement SDC's - - N/A - - - Public Works- Improvement SDC's 104,819 3,170,335 3.3% 3,065,516 279,740 507,905 Public Works - Debt SDC's 32,220 361,658 8.9% 329,438 115,958 241,845 Debt Service - 1,417,0'2 0.0% 1,417,012 - - Interfund Loan - - N/A - 150,000 Transfers (General Fund) 125,000 500,000 250% 375,000 - Contingency - 170,000 0.0% 170,000 - - Total Expenditures and Other Uses 3,391.017 33,213,203 10.2% 29.822,186 5.628196 15.880,009 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 860,823 (31989,678) 121.6% 4,850,501 (1,117,690) (1,228,983) Fund Balance, Jul 1, 2015 5,208,593 6.061,702 859% (853,109) 6,437,575 6,437,575 Fund Balance, Dec 31, 2015 $ 6,069,416 $ 2,072,024 292.9% $ 3997,392 $ 5.319,888 L__5 208,593 Reconciliation of Fund Balance: Restricted and Committed Funds 3,733.376 Unassigned Fund Balance $ 2.336.040 6. Dec FY16 Financial Repo d,x 1 4 M/2o16 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 675 Wastewater Fund Taxes $ 705,909 $ 4,2641260 16.6% $ (3,558,351) $ 652,570 $ 3,972.266 Charges for Services - Rates 2,599,273 10,787,000 24.1% (8,187,727) 2,330,359 8,796,565 Charges for Services - Misc. Service Fees 13,250 - N/A 13,250 13,250 26,500 System Development Charges 51,128 130,000 39.3% (78,872) 67,834 191560 Interest on Investments 13.580 30.000 45.3% (16,420) 10,827 42,965 Miscellaneous 1,042 - N/A 1,042 1,532 6,037 Other Financing Sources - 5,318.700 0.0% (5,318,700) - 114.043 Total Revenues and Other Sources 3,384,182 20,529,960 16.5% (17,145,778) 3,076,372 13,151,936 Public Works - Wastewater Collection 976,551 5,349,514 18.3% 4,372,963 957,991 3,854,489 Public Works - Wastewater Collection Debt 54,714 147,457 37.1% 92,743 55,064 151,071 Public Works - Wastewater Treatment 1,183,537 10,183,710 11.6% 9,000,173 1,246,726 4,980,940 Public Works - Wastewater Treatment Debt 186,148 3,237.300 5.8% 3,051,152 204,372 3,253,029 Public Works - Reimbursements SDC's 1,657 3,691.644 0.0% 3,689,987 13,530 20,331 Public Works - Improvements SDC's 1,888 N/A (1,888) 14,517 87,507 Debt Service - N/A - - - Contingency - 192000 0,0% 192,000 - Total Expenditures and Other Uses 2404,494 22801,625 10.5% 20,397,131 2492,200 12,347,367 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 979,688 (2,271,665) 143.1% 3,251,353 584,172 804,569 Fund Balance, Jul 1, 2015 5.095.343 4,464,697 114.1% 630,646 4,290,774 4,290,774 Fund Balance, Dec 31, 2015 $ 6,075,031 $ 2,193.032 277.0% $ 3,881.999 $ 4,874,947 $ 5.095.343 Reconciliation of Fund Balance: Restricted and Committed Funds 2,655,192 Unassigned Fund Balance $ 3419,839 6. Dec FY16 Financial Repo A. . 15 2/512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 690 Electric Fund Intergovernmental $ 283,593 $ 323,000 87.8% $ (39,407) $ 109,110 $ 335,700 Charges for Services - Rates 7,209,799 29,539,358 24.4% (22,329,559) 6:810,736 27,210,985 Charges for Services - Misc. Service Fees 63,698 453,686 14.0% (389,988) 71,106 278,280 Interest on Investments 3,430 14,715 23.3% (11,285) 3,761 15,714 Miscellaneous 48,499 322,974 15.0% (274,475) 94,176 288.885 Total Revenues and Other Sources 7,609,020 30,653,733 24.8% (23,044,713) 7,088,889 28,129,564 Administration - Conservation 427,597 1,420,030 30.1% 992,433 348,420 1,387,220 Electric - Supply 3,277,474 13,751,887 23.8% 10,474,413 3035,297 12.831,515 Electric - Distribution 3,118,141 14,041,211 22.2% 10,923070 3.049,979 12,558899 Electric - Transmission 487,875 2,225,945 21.9% 1,738,070 464,606 1,876,536 Debt Service 22,664 46,688 48.5% 24,024 22,800 47,771 Contingency - 279,000 0.0% 279,000 - - Total Expenditures and Other Uses 7,333.751 31.764.761 23 124,431,010 6,921,102 28.701.941 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 275 269 (1,111,028) 124.8% 1,386,297 167,787 (572,377) Fund Balance, Jul 1, 2015 1,755,163 1,479.265 118.7% 275,898 2,327,540 2,327,540 Fund Balance, Dec 31, 2015 $ 2,030.432 $ 368,237 551.4% $ 1.662.195 $ 2,495,327 $ 1.755.163 Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance $ 2,030.432 6. Dec FY16 financial RepMrt b 6 2/5/2016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 691 Telecommunications Fund Charges for Services - Rates $ 999,577 $ 4,363,565 22.9% $ (3,363,988) $ 978,874 $ 3,889,563 Interest on Investments 480 1,943 24.7% (11463) 636 2,257 Miscellaneous 467 - N/A 467 458 4,750 Interfund Loan - 400,000 0.0% (400,000) - - Total Revenues and Other Sources 1,000,524 4,765,508 21.0% (3,764,984) 979,968 3,896,570 Personal Services 328,074 1,343,230 24.4% 1,015,156 340,896 1,299,335 Materials & Services 459,783 2,028,504 22.7% 1,568,721 442,121 1,764.465 Capital Outlay 164,215 250,000 65.7% 85,785 30,061 297,337 Debt - Transfer to Debt Service Fund - 818,000 0.0% 818,000 200,000 818,000 Contingency - 250,000 0.0% 250,000 - Total Expenditures and Other Uses 952,072 4,689,734 20.3% 3737,662 1,013,078 4,179,137 Excess (Defciency) of Revenues and Other Sources over Expenditures and Other Uses 48.452 75,774 63.9% (27,322) (33,110) (282,567) Fund Balance, Jul 1, 2015 305,058 251.528 121.3% 53,530 587,625 587.625 Fund Balance, Dec 31, 2015 $ 353510 $ 327,302 108.0% $ 26.208 $ 554.515 $ 305.058 Reconciliation of Fund Balance: Restricted and Committed Funds 409,000 Unassigned Fund Balance $ (55,490) 6 Dec FY16 Financial Report.dsx 1 7 215/201fi City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 710 Central Service Fund Taxes $ 31,812 $ 148,800 21.4% $ (116,988) $ 33,281 $ 144,476 Intergovernmental - - N/A - - Charges for Services - Internal 3,175,592 13,068415 24.3% (91892,843) 3,035,640 12,037,871 Charges for Services - Misc. Service Fees 104,721 572,310 18.3% (467,609) 112,868 365,186 Interest onlnvestments 3,954 10,000 39.5% (6,046) 4,956 21,344 Miscellaneous 64,745 250.000 259% (185,255) 55,187 219,539 Interfund Loan (Equipment Fund) - 400,000 N/A 400,000 364.795 364 795 Transfer in (Insurance Fund) 417,000 417,000 100.0% - - 90,000 Total Revenues and Other Sources 3,797,824 14,866.565 25.5% (10,268,741) 3,606,727 13,243.212 Administration Department 818,446 3,314,520 24.7% 2,496,074 751,257 2,797,218 Information Technology - Info Services Division 598.034 2,907,68 20.6% 2,309,604 616,612 2,396,771 Administrative Services Department 1,049,727 4,867,057 21.6% 3,817,370 1,030,773 3,866,706 City Recorder Division 250,335 912,550 27.4% 662,255 225,447 868,755 Public Works -Administration and Engineering 825,936 3,621.82 22.8% 2,795,886 824,121 3,266.434 Intefund Loan - - N!A - - - Contingency - 12510C0 0.0% 125.000 - - Total Expenditures and Other Uses 3,542,477 15,7486c7 22.5% 12,206.190 3,448.210 13,195.884 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 255,346 (882,102) 128.9% 1,137,448 158,517 47,327 Fund Balance, Jul 1, 2015 900,608 898,651 100.2% 1,957 853,281 853,281 Fund Balance, Dec 31, 2015 $ 1,155,954 $ 16,549 6985.0% $ 1,139.405 $ 1,011.798 $ 900.608 Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance $ 1,155,954 6 Dec FY16 Financial Report xlsx 18 2152016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 720 Insurance Service Fund Charges for Services - Internal $ 371,148 $ 1,560,000 23.8% $ (1,188,852) $ 376,893 $ 1,480,865 Interest on Investments 3,362 13,000 25.9% (9,638) 4,489 16,485 Miscellaneous 10,748 80.000 13.4% (69,252) 429,111 1,574390 Total Revenues and Other Sources 385,259 1,653.000 23.3% (1,267,741) 810,493 3,071,740 Personal Services 48,898 204.960 23.9% 156,062 45,320 179 228 Materials and Services 605 640 1,814,790 33.4% 1,209,150 505,328 1,475,087 Transfer Out (Mulitple 4funds) 569,500 1,069,500 532% 500,000 - 500,000 Contingency - 390.000 0.0% 390,000 - - Total Expenditures and Other Uses 1,224.038 3,479,250 35.2% 2,255,212 550,648 2,154315 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (838,779) (1.826,250) 54.1% 987,471 259,845 917 425 Fund Balance, Jul 1, 2015 11766,283 1.962,888 90.0% (196,605) 848,858 848,858 Fund Balance, Dec 31, 2015 $ 927 504 $ 136,638 678.8% $ 790.866 $ 1,108,703 $ 1.766.283 Reconciliation of Fund Balance: Restricted and Committed Funds 927,504 Unassigned Fund Balance $ (0) 6. Dec FY16 Financial Report xlsx 1 9 2/5/2016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 725 Health Benefits Fund Charges for Services - Internal $ 2,379,746 $ 9,730,000 24.5% $ (7,350,254) $ 2,034,630 $ 8,158,032 Interest on Investments 2,252 10,000 22.5% (7,748) 1,148 3,614 Miscellaneous - - N/A - 211,795 Interfund Loan (Reserve Fund) 450,070 0.0% (450,000) 400,000 900,000 Transfer In (Insurance Fund) - 500.0)0 00% (500,000) - 500,000 Total Revenues and Other Sources 2,381,997 10,690,0)0 22.3% (8,308,003) 2,435,778 9,773,441 Personal Services - - N/A - - Materials and Services 2,413,018 9,580,0)0 25.2% 7,166,982 2,165,295 9,049.715 Interfund Loan 325,000 650,000 50.0% 325,000 250,000 250,000 Contingency - 500 000 0.0% 500.000 - - Total Expenditures and Other Uses 2.738,018 10,730.000 25.5% 7,991.982 2.415295 9,299,715 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (356,020) (40,000) 890.1% (316,020) 20,483 473,726 Fund Balance, Jul 1, 2015 473,726 73,370 645.7% 400,356 - Fund Balance, Dec 31, 2015 $ 117,706 $ 33.370 352.7% $ 84,336 $ 20,483 $ 473,726 Reconciliation of Fund Balance: Restricted and Committed Funds 117,706 Unassigned Fund Balance $ (0) 6. Dec FY16 Financial Repon.x is 2D 21512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals, Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 730 Equipment Fund Intergovernmental $ - $ - NIA $ - $ - $ - Charges for Services - Internal 977,165 4,538,460 21.5% (3,561,295) 902,197 3,606,929 Charges for Services - Misc. Service Fees 92.806 - N/A 92,806 (9,955) 44,919 Interest on Investments 8,196 35,000 23.4% (26,804) 7,066 31,805 Miscellaneous 2,288 170,000 1.3% (167,712) 27,788 170,026 Interfund Loan (Airport & Water Fund) - 106,000 0.0% (106,000) - 170,000 Total Revenues and Other Sources 1,080,455 4,849,450 22.3% (3,769,005) 927,097 4,023,679 Public Works - Maintenance 707,422 2,961,860 23.9% 2,254,438 568,340 2,084,345 Public Works - Purchasing and Acquisition 254,875 1,330,500 19.2% 1,075,625 370,380 2,359,891 Interfund Loan - 965,200 0.0% 965,200 - - Contingency - 70,000 0.0% 70,000 - - Total Expenditures and Other Uses 962297 5,327,560 18.1% 4,365,263 938.720 4,444,236 Excess (Defciency) of Revenues and Other Sources over Expenditures and Other Uses 118,158 (478,100) 124.7% 596,258 (11,623) (420,557) Fund Balance, Jul 1, 2015 2,937,106 2,446.794 120.0% 490,312 3,357,663 3,357,663 Fund Balance. Dec 31, 2015 $ 3,055,264 $ 1.968.6414 155.2% $ 1,086.570 $ 3.346.039 $ 2.937.106 Reconciliation of Fund Balance: Restricted and Committed Funds 3,055,264 Unassigned Fund Balance $ 0 6. Dec FY16 Fi,-A Reportdsx 1 2/512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 810 Cemetery Fund Charges for Services - Rates $ 9,268 $ 50,000 18.5% $ (40,732) $ 15,380 $ 47,767 Interest on Investments 2,514 10,800 23.3% (8,286) 2,364 9,139 Miscellaneous - - N/A - - (145) Transfer In (General Fund) 500 1,000 50.0% (500) 500 1,000 Total Revenues and Other Sources 12.282 61,800 19.9% (49,518) 18,243 57,761 Transfers 2.514 10.800 23.3% 8,286 2,364 9,139 Total Expenditures and Other Uses 2,514 10,800 23.3% 8,286 2,364 9,139 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 9.768 51,000 19.2% (41,232) 15,879 48,622 Fund Balance. Jul 1, 2015 922,666 923,046 1000% (380) 874,044 874,044 Fund Balance, Dec 31, 2015 $ 932,434 $ 974,046 95.7% $ (41,612) $ 889,925 $ 922,666 Reconciliation of Fund Balance: Restricted and Committed Funds 932,434 Unassigned Fund Balance $ 0 6. Dec FY16 Financial Report A,215120 .Z2 16 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 211 Parks and Recreation Fund Intergovernmental $ - $ - NIA $ - $ 6,050 $ 10,589 Charges for Services - Internal 2,340,000 9,560,000 24.5% (7,220,000) 2,926,211 8,856,000 Charges for Services - Misc. Service Fees 462,644 1,805,000 25.6% (1,342,356) 405,369 1,725,966 Interest on Investments 1,419 14,000 10.1% (12,581) 1,753 9,535 Miscellaneous 872 100,000 0.9% (99,128) 4,932 47,413 Transfers In (General & Insurance Fund) 52,500 373 500 14.1% (321,000) - Total Revenues and Other Sources 2,857,436 11,852,500 24.1% (8,995,064) 3,344,315 10.649.503 Parks Division 1,982,916 8,127,827 24.4% 6,144,931 2,013,665 7,473,109 Recreation Division 698,315 2,828,6;'0 24.7% 2,130,315 645,456 2,507,775 Golf Division 281,882 1,104,650 25.5% 822,768 282,301 1,026,426 Other Financing Uses - Transfers - 80,000 1 80,000 320,000 922,000 Contingency - 100,000 0.0% 100,000 - - Total Expenditures and Other Uses 2,963,113 12,241,127 24.2% 9,278,014 3,261,422 11929,310 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (105,678) (388,627) 728% 282,949 82,893 (1,279,807) Fund Balance, Jul 1, 2015 503,628 392,641 128.3% 110,987 1,783,435 1.783,435 Fund Balance, Dec 31, 2015 $ 397,950 $ 4,014 9914.1% $ 393,936 $ 1,866,328 $ 503,628 Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance $ 397,950 6. Dec FY16 Financial Report xlsx 23 2/512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 411 Parks Capital Improvement Fund Taxes $ 454,160 - N/A 454,160 Charges for Services - 212,930.00 0.0% (212,930) 104,225 316,201 Intergovernmental - 3,517,262 0.0% (1517,252) 182,211 995,061 Interest on Investments 575 4,000 14,4% (3,425) 724 3,356 Miscellaneous - - NIA - 23,441 Transfer In (Park Fund) - N/A - 320,000 922,000 Other Financing Sources 866,500 N/A 866,500 - - Total Revenues and Other Sources 1,321,234 3,734,182 35.4% (2,412,948) 607,160 2,260,059 Personal Services - 189,9,0 0.0% 189,930 - Materials and Services 5,149 - N/A (5,149) - 1,331 Capital Outlay 50,936 3,817,889 1.3% 3,766,953 686,956 2,437,058 Total Expenditures and Other Uses 56,085 4,007,819 1.4% 3,951,735 686,956 2,438,389 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 1,265,150 (273,637) -462.3% 1,538,787 (79,796) (178,330) Fund Balance, Jul 1, 2015 209,302 582,254 35.9% (372,952) 387.632 387.632 Fund Balance, Dec 31, 2015 $ 1,474 ,452 $ 308,617 477.8% $ 1.165.835 $ 307.836 $ 209,302 Reconciliation of Fund Balance: Restricted and Committed Funds 1,474,452 Unassigned Fund Balance $ 0 6. Dec FY16 Rna ad Rq.,t Ab 24 2/512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2015 Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (6 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 731 Parks Equipment Fund Charges for Services - Internal $ 113,750 $ N/A $ 113,750 $ $ Intergovernmental - N/A - Interest on Investments 87 N/A 87 Interfund Loan - 439,000 0.0% - Transfer In (Park Fund) - 80.000 0.0% (80,000) Total Revenues and Other Sources 113.837 519,000 21.9% 33,837 Capital Outlay 95,864 439,000 21.8% 343,136 Interfund Loan - 40,000 Total Expenditures and Other Uses 95,864 439,000 21.8% 343,136 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 17,974 80,000 22.5% (62,026) Fund Balance, Jul 1, 2015 - - 0.0% Fund Balance, Dec 31. 2015 $ 17,974 $ 80.000 22.5°/% $ (62 026) $ $ Reconciliation of Fund Balance: Restricted and Committed Funds 17,974 Unassigned Fund Balance $ - 6 Dec FY16 Financial Repul dsx 25 21512016 CITY OF ASHLAND Council Communication February 16, 2016, Business Meeting Ratification of Labor Contract with the Ashland Firefighters Association, IAFF Local # 1269 FROM: Tina Gray, Human Resource Manager,.grayt(crtashland.or.us SUMMARY The City has reached an agreement on a new three-year collective bargaining agreement with the Ashland Firefighter's Association, which is one of five collective bargaining units in the City. 'The contract calls for a series of 2% cost-of-living adjustments over the life of the contract and provides for education and DPSST certification incentives in the third year. Otherwise, most of the contract language is based on the current contract. BACKGROUND AND POLICY IMPLICATIONS: The current labor contract with the Ashland Firefighter's Association expired on June 30, 2015, and we have been operating under the terms of that contract while a new agreement was being negotiated. The City reached tentative agreements on nearly all contract provisions over the course of multiple negotiation sessions with this bargaining group. Concessions were made by both parties which are in the best interest of the City. The majority of the changes to the contract were clarification to existing contract language and these were quickly resolved in the first few sessions. Eventually, negotiations narrowed down to two issues and the assistance of a state mediator was requested. These two issues were 1) The City's proposed changes to the language regarding healthcare, and 2) wage increases during the three-year contract. After agreement was reached on these issues, the Association voted to ratify the contract and staff now recommends Council ratification as well. The agreement calls for: • A wage increase of 2% retroactive to July 1, 2015, and an increase of 2% effective January 1, 2016. These two increases help bring Ashland Firefighters up to the average of our statutory-based comparables (Pendleton, Central Point - Fir-e District #3, Sherwood, Milwaukie - Clackamas County Fire District 41, Klamath Falls Fire Distr°ict 91, and Wilsonville). • In the second and third years of the contract, a wage increase of 2% for all positions. • In the third year, the agreement also calls for an incentive program designed to upgrade employee skills by offering two options: o Option #1: Formal education incentives: 2% for obtaining a Bachelor's Degree, or 3% for obtaining a Master's Degree in a related field of study. o Option 42: Certification incentives based on rank which require the employee to complete a specific list of DPSST courses; 2% for completing Tier I course requirements, or 3% for completing Tier II course requirements. Page 1 of 2 1a CITY of -ASHLAND • Language changes intended to clarify or reflect current business practices, including the City's proposed language regarding health insurance. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: A 2% COLA is included in each year of the current biennial budget for the firefighters which equates to $65,623.22 in total cost (salary plus benefit roll-up). The new agreement calls for an additional 2% beyond what was budgeted for 6 months, resulting in a shortfall of approximately $35,489 at the end of the current fiscal year. The Fire Department is expected to absorb the additional cost in its budget over the course of the biennium. With recent retirements and the hiring of three entry-level firefighters, personal services costs should decrease over the next twelve months. The second year of the contract is within the 2% that was budgeted. The City can budget for the third year in during our normal budget process, at which time we'll better be able to anticipate how many employees will qualify for the incentive program. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor contract, ratifying the tentative agreements reached in negotiations. SUGGESTED MOTION: I move approval of a three-year labor agreement with the Ashland Firefighters Association, IAFF Local # 1269 and authorize the City Administrator and Mayor to sign the labor contract. ATTACHMENTS: Labor agreement prepared for signature. Page 2 of 2 9:1r AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON and ASHLAND FIREFIGHTER'S ASSOCIATION LOCAL #1269 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS July 1, 2015 - June 30, 2018 TABLE OF CONTENTS PREAMBLE . 6 SCOPE OF AGREEMENT 6 ARTICLE I - RECOGNITION AND NONDISCRIMINATION: 6 Section 1. Recognition 6 Section 2. No Discrimination 6 ARTICLE II - UNION SECURITY AND CHECKOFF: 7 Section 1. Union Security 7 Section 2. Check Off 7 Section 3. Indemnification 7 ARTICLE III - MANAGEMENT RIGHTS 8 ARTICLE IV - STRIKE PROHIBITION: 8 Section 1 8 Section 2 9 Section 3 9 ARTICLE V - HOLIDAYS: 9 Section 1. Recognized Holidays 9 Section 2. Holiday Compensation 9 ARTICLE VI - VACATIONS: 10 Section 1. Eligibility .................................................................................................10 Section 2. Continuous Service 10 Section 3. Accrual Limitations 10 Section 4. Scheduling 11 Section 5. Payment on Termination 11 ARTICLE VII - HOURS OF WORK 11 Section 1. Work Schedules 11 Section 2. Shift Transfers 12 ARTICLE VIII - SICK LEAVE: 12 Section 1. Accumulation 12 Section 2. Utilization for Illness or Injury 12 Section 3. Integration with Worker's Compensation 13 Section 4. Sick Leave Without Pay 13 Section 5. Pay for Unused Sick Leave 13 Section 6. Termination 13 2 ARTICLE IX - FUNERAL LEAVE: 14 Section 1. Funeral Leave 14 ARTICLE X - OTHER LEAVES OF ABSENCE: 14 Section 1. Leave of Absence Without Pay 14 Section 2. Jury Duty ................................................................................................14 Section 3. Appearances 14 Section 4. Required Court Appearances 14 Section 5. Election Day 15 Section 6. Union Business 15 Section 7. Educational Leave 15 Section 8. Military Leave 15 Section 9. Failure to Return from Leave 15 ARTICLE XI - COMPENSATION ...........................................................................16 Section 1. Pay Schedule 16 Section 2. Pay Periods 16 Section 3. Overtime 17 Section 4. EMT Certification 18 Section 5. Working Out of Classification .................................................................19 Section 6. Educational Expense Reimbursement 19 Section 7. Mileage 19 Section 8. Haz Mat Team 19 Section 9. Field Training Paramedic Program 20 Section 10. Educational Incentives .........................................................................20 ARTICLE XII - DISCIPLINE AND DISCHARGE: 20 Section 1 20 Section 2 20 Section 3 21 Section 4 21 Section 5 .................................................................................................................21 Section 6 21 Section 7 21 ARTICLE XIII - SETTLEMENT OF DISPUTES: 22 Section 1. Grievance and Arbitration Procedure 22 Section 2. Stewards 23 ARTICLE XIV - SENIORITY: 23 Section 1. Seniority 23 Section 2. Suspension of Seniority 24 Section 3. Termination of Seniority 24 Section 4. Probationary Period 24 Section 5. Layoff and Recall 24 ARTICLE XV - PROMOTIONS: 25 Section 1. Testing 25 Section 2. Eligibility 25 Section 3. Procedure 25 Section 4. Credit for Seniority 26 Section 5. Promotional List 26 Section 6. Appointment 26 Section 7. Promotional Probationary Period 26 ARTICLE XVI - GENERAL PROVISIONS: 27 Section 1. Bulletin Boards 27 Section 2. Visits by Union Representatives 27 Section 3. Solicitation 27 Section 4. Existing Conditions 27 Section 5. Rules 27 Section 6. Other Employment 28 Section 7. Supervisory Employees 28 Section 8. Uniforms, Protective Clothing and Devices 28 Section 9. Position Classification 28 Section 10. Personnel Files 28 Section 11. Trade Time. 29 ARTICLE XVII - HEALTH AND WELFARE AND RETIREMENT: 29 Section 1. Health and Welfare 29 Section 1.1 Committee and Process 29 Section 3. Retirement 30 Section 4. Deferred Compensation 30 ARTICLE XVIII - WORKERS' COMPENSATION: 30 Section 1. Workers' Compensation 30 Section 2. Supplementary Payment 30 ARTICLE XIX - LIABILITY INSURANCE: 30 ARTICLE XX - SAVINGS CLAUSE AND FUNDING: 31 Section 1. Savings Clause 31 Section 2. Funding 31 ARTICLE XXI - TERMINATION AND REOPENING: 32 4 APPENDIX "A" - CLASSIFICATIONS WITHIN THE BARGAINING UNIT.......... 33 APPENDIX "B" - SALARY SCHEDULE 34 APPENDIX "C" - HEALTH AND WELFARE BENEFITS 35 APPENDIX "D" - DUTIES AND RESPONSIBILITIES OF EHBAC 36 APPENDIX "E" - EDUCATIONAL INCENTIVE PROGRAM 38 5 PREAMBLE This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the City, and the Ashland Firefighters Association Local #1269, International Association of Firefighters, hereinafter collectively referred to as the Union. Unless indicated otherwise, references to the "City" shall include the Mayor and City Council or their designee(s) as the officials directly responsible for the operation of the department(s) covered by this Agreement. The purpose of this Agreement is to set forth the full and complete agreement between the parties on matters pertaining to rates of pay, hours of work and other conditions of employment. SCOPE OF AGREEMENT This Agreement shall apply to those employees of the Ashland Fire and Rescue Department, Ashland, Oregon, as listed in "Appendix A" but excluding volunteer firefighters, parttime employees, seasonal and temporary employees'. Where the term "employee" is used, it shall mean regular employees or probationary employees within the bargaining unit, as the same are defined in Article XIV of this Agreement. "Parttime employee" shall mean persons working a fraction of the normal working week or shift, but normally following a predetermined pattern of working hours. "Seasonal employee" shall mean persons working for summer employment, not exceeding four (4) consecutive months. "Temporary employee" shall mean persons appointed for a limited period of time, not to exceed one (1) year, e.g. college "sleepers", or student firefighters. ARTICLE I - RECOGNITION AND NON-DISCRIMINATION Section 1. Recognition. The City recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing rates of pay, hours of work and other conditions of employment for all employees in the bargaining unit described immediately above. Section 2. No Discrimination. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to race, religion, creed, color, sex, age or national origin, sexual orientation, marital status, mental or physical disability or other protected status, unless based upon a bona fide occupational qualification in accordance with applicable law. The Union shall share equally with the City the responsibility for applying the provisions of this Section. All references to employees in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include the male and female employees. 6 Employees shall have the right to form, join, and participate in the activities of the Union or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the City or the Union by reason of the exercise of such right, except as specifically provided in this Agreement. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent himself in individual personal matters. ARTICLE II - UNION SECURITY AND CHECKOFF Section 1. Union Security. The terms of this Agreement have been made for all employees in the bargaining unit and not only for the members of the Union. Accordingly, it is fair that each employee in the bargaining unit pay his/her own way and assume his/her obligation along with the grant of equal benefits. Any bargaining unit employee who has not joined the Union within thirty (30) days of becoming a regular or probationary employee shall, as a condition of employment, pay to the Union an amount equal to the uniform dues of members of the Union. Any individual employee objection based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member will require such an employee to inform the City and the Union of his/her objection. The employee will meet with representatives of the Union and establish a satisfactory arrangement for distribution of a contribution of an amount of money equivalent to regular Union membership dues to a nonreligious charity. Section 2. Check Off. Upon receipt of a lawfully executed authorization from an employee, the City agrees to deduct the regular initiation fee and regular dues uniformly required of members of the Union, and remit such deduction within fifteen (15) days after the conclusion of the regularly scheduled twenty-seven (27) day pay period, to the official designated by the Union in writing to receive deductions. The Union will notify the City in writing of the exact amount of such initiation fee and regular membership dues to be deducted. Authorization by the employee shall be on forms approved by the City and may be revoked by the employee upon written request. Upon written notification by the Union of a check off error, the City will make adjustments within sixty (60) days following such notification. Section 3. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims, orders or judgment brought or issued against the City as a result of any action taken or not taken by the City under the provisions of Article II, Section 2. ARTICLE III - MANAGEMENT RIGHTS Union recognizes that it is the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities. The powers or authority which City has not expressly abridged, delegated or modified by this Agreement are retained by the City. It is understood and agreed that the City possesses the sole and exclusive right to operate the City through its City Administrator and department heads, but such rights must be exercised consistent with the other provisions of this Agreement. Those rights include, but are not limited to, the following: 1. To determine the mission of its constituent departments, commissions and boards. 2. To set standards of services. 3. To direct its employees. 4. To discipline or discharge regular employees for just cause and probationary employees at its discretion. 5. To relieve its employees from duty because of lack of work, finances or other legitimate reasons. 8. To maintain the efficiency of governmental operations. 7. To determine the methods, means and personnel by which government operations are to be conducted. 8. To determine the content of job classifications. 9. To take all necessary action to carry out its mission in emergencies; and 10. To exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE IV - STRIKE PROHIBITION Section 1. The Union and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any authorized strike, work stoppage, or slowdown, picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City by the Union or by any other labor organization when called upon to cross picket line in the line of duty. Disciplinary action, including discharge may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damages which may be available to the City. Section 2. 8 In the event of an unauthorized strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will, immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in Section 1 above shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or by whether such matter is or is not subject to the grievance and arbitration provision of this Agreement. Section 3. The City agrees not to engage in a lockout of any Union member of the Ashland Fire Department as a consequence of a dispute arising during the period of this Agreement. ARTICLE V - HOLIDAYS Section 1. Recognized Holidays. The following shall be recognized as holidays: New Years Day (January 1) Lincoln's birthday (1 st Mon. in Feb.) Martin Luther King Jr. Birthday (3rd Mon. in Jan.) Washington's Birthday (3rd Mon. in Feb.) Memorial Day (last Mon. In May) Independence Day (July 4) Labor Day (1st Mon. in Sept.) Veterans Day (November 11) Thanksgiving Day (4th Thurs. in Nov.) Christmas Day (December 25) Any day declared to be a holiday by the President, Governor or Mayor. Whenever a holiday shall fall on Sunday, the succeeding Monday shall be observed as the holiday. Whenever a holiday shall fall on Saturday, the preceding Friday shall be observed as the holiday. If an employee is on authorized vacation, sick leave, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. Section 2. Holiday Compensation. All regular employees shall receive in addition to their regular pay, eleven and two-tenths (11.2) hours pay for each of the holidays in the fiscal year as listed above at their regular straight time rate of pay. The additional compensation shall be paid on the first Friday of the month of December and issued in a separate check. In no instance shall the holiday compensation be paid later than December 15th. In the event an employee leaves the City's employment before the end of the fiscal year for which holiday pay is granted, eleven and two-tenths (11.2) hours pay shall be deducted from his/her final paycheck for each holiday which has not yet occurred. Personnel on a forty (40) hour workweek shall receive all recognized holidays off. 9 ARTICLE VI - VACATIONS Section 1. Eligibility. An employee shall be eligible to take accrued vacation time off with pay after one (1) full year of continuous service with the City. Vacation time off with pay shall be accrued on a monthly basis in accordance with the following schedule- • Employees with less than four (4) full years of continuous service shall accrue fourteen (14) hours of vacation credit for each full calendar month worked. • Employees with more than four (4), but less than nine full years of continuous service, shall accrue eighteen (18) hours of vacation credit for each full calendar month worked. • Employees with more than nine (9), but less than fourteen (14) full years of continuous service, shall accrue-twenty-two (22) hours of vacation credit for each full calendar month worked. • Employees with more than fourteen (14), but less than nineteen (19) full years of continuous service, shall accrue twenty-six (26) hours of vacation credit for each full calendar month worked. • Employees with more than nineteen (19), but less than twenty-four (24) full years of continuous service, shall accrue twenty-eight (28) hours of vacation credit for each full calendar month worked. • Employees with more than twenty-four (24) full years of continuous service shall accrue thirty (30) hours of vacation credit for each full calendar month worked. Section 2. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the time spent by an employee in active employment or on paid leave. Time spent on leaves which are not paid by the City will not be counted as a part of continuous service for accrual purposes, but employees returning from such leaves and from layoff status shall be entitled to credit for service prior to the leave. Section 3. Accrual Limitations. Accumulation of vacation time off with pay is limited to twenty-four (24) months of accrued vacation credit at the applicable rate. The City shall establish a procedure to notify an employee thirty (30) days in advance of impending loss of accrued vacation time. Any employee who is about to lose vacation credit because of accrual limitations may, by notifying his supervisor fifteen (15) days in advance, absent himself/herself to prevent such loss. Such action taken by the employee shall not constitute a basis for disciplinary action, or loss of pay. To prevent loss of accrued vacation, employees must take leave in increments of no less than twenty-four (24) hours (one shift). If an employee does not take his or her accrued vacation leave after proper notification by the City, such vacation credit shall be deemed forfeited, 10 unless the failure to take vacation is caused by the City's insistence that the employee be at work during a scheduled vacation period. Section 4. Scheduling. Vacation times shall be scheduled by the City based on its judgment as to the needs of efficient operations and the availability of vacation relief. Subject to the foregoing, employees shall have the right to be granted vacation time off in accordance with the following: Employees shall be permitted to request vacation time off either on a split or an entire basis. Vacation shall be selected on the basis of seniority; provided, however, employees will be permitted to exercise their right to select vacations by seniority only once annually. The vacation schedule shall be posted annually as of November 1 st and employees shall exercise their choice by bidding in seniority. There may be up to a total of two (2) employees on vacation or compensatory time off at any given time. The list shall be closed as of December 1 st and subsequent changes shall be made only by mutual consent of the parties. Scheduling of vacation periods, to the extent consistent with operation requirements of the City and vacation credits of the employee, shall be in units of not less than one shift (24 hours), and may be scheduled at any time. Vacation or comp time requests that occur within 48 hours (short notice) of an employee's regularly scheduled shift shall only be granted if the request does not incur any overtime for the City. Section 5. Payment on Termination. In the event of death, termination or other separation of employment of an employee during the initial twelve (12) months of his employment, vacation is not considered earned and no payment in lieu of vacation shall be made. In the event of death, retirement, termination or other separation of employment after an employee has served for twelve (12) continuous months, and is otherwise eligible for vacation credits, the employee shall be entitled to payment for accrued vacation leave at the rate as of the date of eligibility. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee. ARTICLE VII - HOURS OF WORK Section 1. Work Schedules. Employee working hours will be scheduled consistent with the operating needs of the Fire Department. Shift employees will be assigned to work regular shifts totaling a maximum of 204 straight-time hours over a twenty-seven (27) day cycle. Consistent with operating requirements, shift employees shall be scheduled to work on regular work shifts, during this twenty-seven=(27) day cycle and each shift shall have regular starting and quitting times. Work schedules showing the employee's shifts, workdays and hours shall be posted on Department bulletin boards for thirty (30) days prior to their effective date. Except for emergency situations and for the duration of the emergency, changes in work schedules shall be posted seven (7) days prior to the effective date of the change. tt Employees on a forty (40) hour workweek shall be scheduled to work forty (40) hours within each seven (7) day period beginning on Monday at 8:00 a.m. and ending the following Monday at 8:00 a.m. Section 2. Shift Transfers. (a) No regular employee shall suffer a loss of pay, due to a lesser number of scheduled hours of work as a result of an involuntary transfer from one shift to another shift. (b) In the event the City determines a shift trade is necessary and there is no business or operational purpose articulated for the transfer, the City will provide 14 days notice prior to the effective date of change. In such situations, the City will first ask for volunteers; if no one volunteers; the transfer will be made based on seniority. ARTICLE VIII - SICK LEAVE Section 1. Accumulation. Sick leave shall be earned by regular and probationary shift employees at the rate of sixteen (16) hours for each calendar month of service. Sick leave may be accumulated to a total of twelve hundred and forty-eight (1,248) hours and must be taken for purposes specified in Section 2 below, as a condition to any sick leave payment. Personnel regularly assigned to a forty (40) hour work week shall accumulate eight (8) hours for each calendar month of service to a maximum of seven hundred twenty (720) hours. Section 2. Utilization for Illness or Injury. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. A maximum of forty-eight (48) hours sick leave per calendar year may also be used when the employee's absence is needed to care for an ill or injured immediate family member as defined by the Oregon Family Leave Act. In such event, the employee shall notify their immediate supervisor of absence due to illness or injury, and the nature and expected length of the absence as soon as possible prior to the beginning of his scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. A physician's statement of the nature and identity of the illness, the need for the employee's absence and the estimated duration of the absence may be required at the option of the City, for absences of over one shift (two work days for forty hour personnel) prior to payment of any sick leave benefits and/or prior to allowing the employee to return to work. If the Fire Chief has reason to believe sick leave is being abused, a physician's statement may be required as a prerequisite to payment of sick leave for one shift (two work days for forty hour personnel), provided the employee has been advised in advance of this requirement. In the event of the latter requirement, the City shall bear the cost of sending the employee to a physician designated by the City or to a physician mutually agreed upon by the employee and the City. In emergency cases, employees may be granted sick leave for doctor or dental appointments, if approved by the Fire Chief. 12 Section 3. Integration With Worker's Compensation. When an injury occurs in the course of employment, the City's obligation to pay under this sick leave article is limited to the difference between any payment received for time loss benefits under Worker's Compensation laws and the employee's regular pay. In such instances, one third (1/3) charges will be made against accrued sick leave. Section 4. Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave has been exhausted. The City may require that the employee submit a certification from a physician periodically during the period of such disability, and before returning to work. After accrued sick leave has been exhausted, an employee may elect to use accrued vacation and/or compensatory leave for sick leave. The City shall notify an employee approximately 30 calendar days before paid sick leave is exhausted. An employee must file a written request for sick leave without pay to the Fire Chief, fourteen (14) calendar days before paid leave is exhausted, otherwise he shall be considered as having resigned his position with the City. Section 5. Pay for Unused Sick Leave. Members of the bargaining unit may elect to receive 1/3 of their unused annual sick leave accrual (maximum of 64 hours) in the form of a cash contribution into their deferred compensation accounts on the first payroll in December. If deferred compensation is not elected as an option, the unused portion of sick leave will be added to cumulative sick leave balance. Section 6. Termination. Sick leave is provided by the City in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon his death or termination or other separation of employment for whatever reason, except as provided in ARTICLE XVII, Section 2. Sick leave shall not accrue during any period of leave of absence without pay. ARTICLE IX - FUNERAL LEAVE Section 1. Funeral Leave. 13 An employee shall be granted two (2) working shifts (two work days for forty hour personnel) funeral leave with regular pay in the event of death in the immediate family of the employee. The immediate family shall be defined as spouse, parents, grandparents, children, brothers and sisters of the employee and the parents, children, brothers, sisters and grandparents of the employee's spouse. The employee will be paid his regular hourly rate for any such days of excused absence which occur only during his assigned workweek. Leave with pay of up to four (4) hours may be granted when an employee serves as a pallbearer, irrespective of whether the deceased is an immediate family member. ARTICLE X - OTHER LEAVES OF ABSENCE Section 1. Leaves of Absence Without Pay. Leaves of absence without pay, not to exceed one (1) year, may be granted upon establishment of reasonable justification and where the Fire Chief or his designee has determined that the operation of the Department will not be negatively impacted by the temporary absence of the employee. Requests for such leaves must be in writing, and submitted to the Fire Chief or his designee thirty (30) days prior to the requested leave date. Section 2. Jury Duty. Employees shall be granted leave with pay for service upon a jury, provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received by him for such jury service. Upon being excused from jury service for any day, an employee shall immediately contact his supervisor for assignment for the remainder of his or her regular workday. Section 3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation he may receive as witness fees. Section 4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. The regular overtime rate, if applicable, shall apply to employees who are off duty, provided that any compensation he may receive as witness fees shall be paid over to the City. Section 5. Election Day. Employees shall be granted two (2) hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. 14 Section 6. Union Business. Employees elected to any legitimate full time paid Union office which takes them from their employment with the City, shall upon written request of the Union and the employee, be granted a leave of absence of up to one (1) year without pay, renewable upon application. Employees selected by the Union to attend conventions and related union activities shall, upon written request of the Union and the employee, be granted a leave of absence of up to thirty (30) days without pay. Employees selected by the Union to attend collective bargaining sessions between the Union and the City shall not suffer a loss of pay or benefits as a result of attendance at such meetings. However, all efforts shall be made to schedule such meetings so as not to affect the staffing or operation of the Department. Not more than three (3) members shall be allowed this time off for any one meeting. During collective bargaining sessions, bargaining team members may trade time without the application of ARTICLE XVI, Section 11, parts (d) and (e), and further without any records being kept by the City as to trade time debts between employees during such sessions. Section 7. Educational Leave. After completing one (1) year of continuous service, an employee, upon written request, may be granted a leave of absence without pay by the City for the purpose of upgrading his/her professional ability through enrollment in education courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the Fire Chief or his designee. One year leaves of absence, with requested extensions, for educational purposes may not be provided more than once in any three (3) year period. Replacements shall be considered temporary employees. Employees shall also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs, and other programs of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered or approved by the Fire Chief or his designee. Section 8. Military Leave. Military leave shall be granted in accordance with state and federal law. The City shall recognize the military year October 1 to September 30 for all employees. Section 9. Failure to Return from Leave. Any employee who is granted a leave of absence and who fails to return to work at the expiration of said leave of absence, shall be considered as having resigned his position with the City, and his position shall be declared vacated; except and unless the employee, prior to the expiration of his leave of absence, has requested an extension and furnished evidence that he is unable to work by reason of sickness, physical disability, injury or other legitimate reason beyond his control. 15 ARTICLE XI - COMPENSATION Section 1. Pay Schedule. Employees shall be compensated in accordance with the pay schedules attached to this Agreement and marked "Appendix B" which is hereby incorporated into and made a part of this Agreement. Engineer, captain, and Battalion Chief pay will be calculated based upon Top Step Firefighter EMT-Basic pay. Appendix B will reflect the following: (a) Engineers will receive an additional: 3% for the first year (Step 1) 6% for the second year (Step 2) 9% thereafter (Top Step) (b) Captains will receive an additional: 12% for the first year (Step 1) 15% for the second year (Step 2) 18% thereafter (Top Step) (c) Battalion Chiefs will receive an additional: 21 % for the first year (Step 1) 24% for the second year (Step 2) 27% thereafter (Top Step) When any position not listed on the pay schedule is established, the City shall designate a job classification and pay rate for the position. The Union shall be notified and the pay rate established by the City shall be considered tentative until the Union has been afforded the opportunity to meet and discuss the matter. If the Union does not agree that the classification or pay rate is proper, the Union may submit the issue as a grievance according to the grievance procedure or pursue dispute resolution procedures pursuant to ORS as appropriate. Section 2. Pay Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days beginning at 12:01 AM on Saturday and ending on the 14th day (Friday) at 11:59 PM. Pay days shall be on the Friday following the close of each pay period. (a) Due to three shifts, regular hours are estimated: 106 hours is the average for a 14 day period. (b) Due to three shifts, FLSA hours are estimated: 6 hours is the average for a 14 16 day pay period. (c) All other hours, such as premium pay (overtime, outclass, call backs) are based on actual hours worked and paid accordingly. (d) Any leave, such as Vacation, Holiday, Sick or Comp Time, that are used during the 14 day period reduce the average hours paid. Section 3. Overtime. (a) The City has the right to assign overtime work as required in a manner most advantageous to the City and consistent with the requirements of municipal service and the public interest. Except as provided in Article XVI, Section 11, shift employees shall be compensated at the rate of one and one-half times their regular rate for work performed outside their regularly scheduled straight-time shifts of 204 hours during a twenty-seven (27) day cycle as set forth in ARTICLE VII, Section 1. Forty (40) hour personnel shall be compensated at overtime rates for all hours worked in excess of forty (40) hours within each workweek as defined in ARTICLE VII Section 1. For shift employees, overtime may result from scheduled overtime, as well as call- backs and hold-overs as follows: Call-Back Overtime. Employees called back to work shall receive overtime pay with a guaranteed minimum of one (1) hour at double time for the work for which they are called back. All additional hours worked and annexed to the one (1) hour callback shall be paid at the overtime rate of time-and-one-half (1-1/2) the regular rate of pay until the beginning of the employee's regular scheduled work shift. Scheduled Overtime. Scheduled overtime is defined as required overtime work for which the employee received notification no less than ten (10) hours prior to the reporting time specified, and shall be compensated at one and one-half (1-1/2) times his regular rate of pay. Scheduled overtime also includes work performed in excess of 204 hours in a twenty-seven (27) day cycle that is scheduled by the Department. Such time worked shall also be compensated at one-and-one-half (1-1/2) times an employee's regular rate. Hold-Over Overtime. Holdover overtime is defined as required overtime work for which an employee is required to remain at work beyond his regular work shift or workday and shall be compensated at one and one-half (1-1/2) times the employee's pay. In no event shall overtime compensation be received twice for the same hours worked. (b) Compensation for authorized overtime shall be paid in the form of pay at the applicable rate or banked as compensatory time off. All overtime shall be recorded by the employee and must be approved by the Fire Chief or designated supervisor. (c) For purposes of the Company overtime under the Federal Fair Labor Standards Act and state statute only, authorized leave with pay shall be considered hours worked. (d) Overtime may be taken in the form of compensatory time off in lieu of paid compensation. Such time off shall be approved by the Fire Chief and shall not be unreasonably withheld. The Fire Chief may withhold approval when the complement 17 of employees has been temporarily reduced due to scheduled vacations, or other previously approved leaves for other employees on that shift. There may be up to a total of two (2) employees on compensatory time off or vacation, at any given time. Permission for such time off must be requested from the affected shift's Captain at least forty-eight (48) hours in advance of the time off. Such time off must be taken in increments of not less than two (2) hours, and shall not interfere with the operations of the Fire Department. Provided, however, that the compensatory time off may not be taken by virtue of hours worked in excess of 53 and less than 57 in a work week. The maximum compensation time that may be accrued is 112 hours (80 hours for 40hour employees). Section 4. EMT Certification. The City and the Union recognize the need to have highly trained employees to operate the City's rescue equipment and to respond to medical emergencies. To this end, the City and the Union agree as follows: Emergency Medical Technician-B (EMT-B) certification shall be the mandatory minimum level of certification required for all positions in the bargaining unit (a) The employee shall be responsible for continuing to maintain the required level of EMT certification as a condition of continued employment. (b) The City will pay expenses associated with mandatory EMT re-certifications and other mandatory certifications. Such expenses may include transportation and travel costs, application and test fees, registration fees, etc. The City will decide how many employees will be involved at any one time due to budgeting and staffing requirements. (c) Except as otherwise provided in this Agreement, certified Emergency Medical Technicians (EMT's), shall be compensated as follows: EMT `P' 8.75% of Top Step Firefighter EMT-Basic pay - July 1, 2012 EMT `P' 10.25% of Top Step Firefighter EMT-Basic pay - July 1, 2013 EMT `P' 11.75% of Top Step Firefighter EMT-Basic pay - July 1, 2014 All the above amounts shall be incorporated into the base wage schedule set forth in Appendix=B. If any individuals achieve a higher level of certification, the City will pay the premium pay for the higher level. Section 5. "Working Out of Classification." When an employee is required to work in a higher job classification for at least two (2) hours or more, he/she shall receive the pay rate for the higher classification for time worked in a higher classification until the return to their previous job classification. If an employee takes 18 vacation, sick leave or other paid time off while working in a higher classification and returns to the higher classification, he/she shall be paid their regular position's salary rate for such vacation and sick-leave. The Fire Chief may assign an employee to acting in assignments. Subject to the foregoing, the rate of pay shall be the entry level salary established for the higher position or the next level salary if the entry level salary is less than the rate of pay earned in the lower classification. Section 6. Educational Expense Reimbursement. The City shall pay the cost of books and tuition for successfully completed, job-related courses which have been approved in advance by the Fire Chief. In the event that an employee leaves City service sooner than two years after completion of the course(s), the amount paid by the City will be deducted from the employee's final paycheck to the extent the deduction does not reduce the employee's wages below legal minimums. If the deduction is not sufficient to fully reimburse the City, the employee shall be responsible to make a direct payment in the amount of the differential. Section 7. Mileage. Employees required to report for special duty at any location outside of the City or required to transfer mid-shift to a location other than their normal reporting station and who are required to use their personal vehicle for transportation to such location shall be compensated for the extra distance driven at the rate established by the City. The mileage for outside of city locations will be the lesser of actual miles traveled or the distance from City Hall to the location of the special duty. Personal vehicle use will only be allowed if a department vehicle is not available. Such mileage reimbursement shall be made from petty cash pursuant to standard petty cash reimbursement forms to be submitted for the subject month no later than the first working day of the following month. Section 8. Haz Mat Team. Should the City participate in the regional haz-mat program, each member of the Haz-Mat Team who maintains membership status on the response team, shall be compensated as follows.. (a) Each team member shall be paid an incentive of $504.00 per year for maintaining their required membership status. Payment shall be $42.00/month added to regular pay for the year in which the member serves on the Haz Mat Team. (b) Team members shall receive time and one-half their regular pay when involved in a state approved Hazardous Materials Team Activity, or off-duty training required by the Fire Chief. (c) Team members shall receive double their regular pay when activated for response to a Hazardous Materials incident (2-hour minimum). (d) Team members shall receive an annual baseline physical, paid for by the City, to maintain their membership on the regional team. Section 9. Field Training Paramedic Program. 19 Should the City participate in a Field Training Paramedic (FTP) Program, each member assigned by the department as an FTP will receive $90.00 per month, for each calendar month that the employee is so assigned. Section 10. Educational Incentive Program. Effective July 1, 2017, employees may receive additional compensation for formal education or education attained through achieving DPSST Certifications by rank. Education incentives cannot be combined, and shall not exceed 3%. Program details are contained in Appendix E. Formal Education Incentive DPSST Certification (by rank) Bachelor's Degree, 2% DPSST Tier I, 2% Masters' Degree, 3% DPSST Tier 2, 3% ARTICLE XII - DISCIPLINE AND DISCHARGE Section 1. No regular employee as defined in ARTICLE XIV, Section 4, may be disciplined except for just cause and after due process. Disciplinary action may be imposed upon any employee for failing to fulfill his or her responsibilities as an employee. Conduct reflecting discredit upon the City or Department or which is a direct hindrance to the effective performance of the City functions shall be considered just cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, malfeasance, the willful violation of Department rules or for political activities forbidden by law. Section 2. Discipline for just cause may include the following: 1. Verbal reprimand; 2. Written reprimand; 3. Suspension; 4. Demotion; 5. Discharge. Section 3. An employee may be suspended from employment, with or without pay, while charges against the employee are investigated. Such a suspension may be for no more than five (5) working days, unless mutually extended by the parties. If the employee is cleared completely of the charges, the affected employee will be immediately reinstated without loss of pay or benefits. 20 If the charges are upheld, the suspension or any part of it may be determined to be part of the discipline, effective as of the date of suspension. Verbal reprimands shall be identified as such in advance, shall not be grievable, and any reference to a verbal reprimand shall be retained in an employee's file for no more than two years after it occurs. Section 4. In the event of an offense of such serious nature that immediate disciplinary action is required, the employee may be suspended immediately from employment until such charges are investigated and a decision made to continue or terminate the employee. If the employee is cleared completely of the charges, the affected employee will be immediately reinstated without loss of pay or other benefits. If charges are upheld, the termination date will be the date of suspension. Section 5. In any case of suspension, a written notice of the charges against the employee, and grounds for suspension shall be supplied to the Union and affected employee. Any disciplinary action that is protested, shall be protested only as grievance through the regular grievance procedure. Section 6. Two (2) years from the date a written reprimand is issued it shall be removed from personnel records provided no other infractions have occurred concerning the same matter. Section 7. An employee having less than twelve (12) months continuous service shall serve at the discretion of the City. ARTICLE XIII - SETTLEMENT OF DISPUTES Section 1. Grievance and Arbitration Procedure. 21 Any grievance or dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the following manner, provided however, the time limits can be extended by mutual consent of the parties. Once a grievance has been filed in writing it may not be changed except as to facts. STEP I (Informal). The affected employee shall discuss the problem with the Fire Chief or his designee within seven (7) business days of its occurrence. The discussion shall include factual details of the incident, the section of this Agreement allegedly violated and the specific remedy requested. The City shall have the seven (7) business days to attempt to resolve the matter and shall answer the employee either verbally or in writing. If the problem is not resolved within the seven (7) business days, it may proceed as a grievance to the second step. STEP II. If the problem has not been settled between the affected employee and the Fire Chief or his designee, it may be presented as a grievance in writing by the Union representative to the Fire Chief within seven (7) business days after the response specified in Step I is due. The written notice shall include details of the grievance, the section of this Agreement allegedly violated and the specific remedy requested. The Fire Chief shall respond to the Union representative in writing within seven (7) business days after receipt of the grievance. STEP Ill. If the grievance still remains unadjusted, it may be presented by the Union to the City Administrator or his designee(s) within seven (7) business days after the response specified in STEP II is due. The City Administrator or his designee(s) shall respond in writing to the Union within seven (7) business days. STEP IV. If the grievance is still unsettled, either party may, within ten (10) calendar days after the reply of the City Administrator is due, by written notice to the other, request arbitration of the dispute under STEP V. STEP V. If the grievance is still unsettled, either party may within ten (10) calendar days of the decision of the City Administrator or his designee, under STEP IV, have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Union. If the parties are unable to agree upon an arbitrator, the American Arbitration Association or the Oregon Employment Relations Board shall be requested to submit a list of five names of Oregon and/or Washington arbitrators. Both the City and the Union shall have the right to strike two names from the list. The party requesting arbitration shall strike the first name and the other party shall then strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a prehearing conference and shall prepare a submission agreement regarding the specific issue(s) in dispute. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a decision within thirty (30) calendar days which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the Agreement, and shall be limited to consideration of the particular issue(s) presented to him. His decision shall be based solely upon his interpretation of the meaning and application of the Agreement. Expenses for the arbitrator shall be borne equally by the City and the Union, however each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceeding, it may cause such record to be made, 22 provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. If any grievance is not presented or forwarded by the employee or Union within the time limits specified above, such grievance shall be deemed waived. Section 2. Stewards. Employees selected by the Union to act as Union representatives shall be known as "stewards" and shall not exceed three (3) in number. The names of the employees selected as stewards and the names of local Union representatives, state council or international representatives who may represent employees, shall be certified in writing to the City by the Union. Duties required by the Union of stewards, excepting attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Section 1 above, shall not interfere with their or other employees' regular work assignments as employees of the City. On-the-job contacts between stewards and an aggrieved employee shall be made so as not to interfere with or disrupt regular Fire Department operations and with the consent of the Fire Chief or his designee. Requests for such contacts shall not be unreasonably denied, but shall be limited to a total of no more than six (6) hours per month. Union stewards shall not solicit, or "shop" for grievances while on duty. Time allowed to be authorized for contacts between stewards and an aggrieved employee under this Article shall be used to solve problems, not to encourage them. Stewards shall make every effort to attempt to make contacts during their off duty hours. ARTICLE XIV - SENIORITY Section 1. Seniority. Seniority shall be an employee's length of continuous service with the bargaining unit, dating from his last date of hire and shall apply by job classification in the matter of layoff and recall. In the event of a layoff, such a laid off employee may exercise his seniority to bump into a lower job classification within the Department, provided he is qualified to perform the work. To prevent unnecessary disruption and delays, employees must exercise their bumping rights in writing within fourteen (14) calendar days of receipt of notice of layoff. Recall from layoff shall be in the reverse order of seniority, provided the recalled employee is qualified to perform the work. Seniority shall continue to accrue during: (a) Authorized sick leave or disability leave up to ninety (90) calendar days; (b) Vacation leave; (c) Educational leave approved by the City; (d) Military leave as specified in ARTICLE X Section 8; (e) Funeral leave; (f) Jury duty; (g) Promotion to a supervisory position outside of the bargaining unit for six (6) months, Section 2. Suspension of Seniority. 23 Seniority shall be retained, but shall not continue to accrue during: (a) Authorized sick leave or disability leave in excess of ninety (90) days; (b) Educational leave requested by the employee; (c) Military leave in accordance with law; (d) Election to a full time paid Union office up to one (1) year, renewable upon application; and (e) Other authorized leaves of absence of up to one (1) year. Section 3. Termination of Seniority. Seniority and the employment relationship shall be broken or terminated if an employee: (1) Quits; (2) Is discharged for just cause; (3) Is absent from work without notification to the Fire Chief or his designee, by the beginning of his next regularly scheduled work shift; (4) Is laid off and fails to report to work within five (5) days after being recalled; (5) Is laid off- from work for any reason for 24 months or for a period of time equal to his seniority, whichever is shorter; (6) Fails to report for work after the termination of a leave of absence; (7) If while on a leave of absence for personal health reasons accepts other employment without permission, or (8) Retires. Section 4. Probationary Period. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the Department by observing a new employee's work, training, aiding new employees in adjustment to their position, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of twelve (12) full months, after which they shall be considered a regular employee and granted seniority retroactively to the last date of hire. The Union recognizes the right of the City to terminate probationary employees for any reason and to exercise all rights not specifically modified by this Agreement with respect to such employees. Termination of a probationary employee shall not be subject to the grievance procedure under ARTICLE XIII. Section 5. Layoff and Recall Recall from layoff exceeding three (3) shifts shall be by certified letter sent to the employee at their last known address furnished to the City by an employee. The City may also use any means to return an employee sooner. The City may require the successful completion of a medical-examination as a prerequisite to returning an employee to work following a layoff, at City expense. ARTICLE XV - PROMOTIONS Section 1. Testing. 24 No employee shall be promoted from one rank to another without first having passed a promotion examination. Promotion examinations shall be based upon ascertained merit and standing upon examination. Promotional opportunities shall be posted for at least sixty (60) calendar days prior to the beginning of the testing procedure. In the event that a change in staffing dictates noticing of less than sixty (60) days, the Fire Chief will contact the Association President and discuss the reasons for providing less than sixty (60) calendar days. Whenever a promotional examination is given, the notice announcing such examination shall state: the passing score on all parts of the examination; the relative weight of each part of the examination and the length of time the eligibility list established by the examination process will be effective. Section 2. Eligibility. It shall be a prerequisite that any applicant for examination for a position or classification above that of firefighter in the bargaining unit shall have had service for at least two (2) years for Engineer, and three (3) years for Captain, and five (5) years for Battalion Chief in the Fire Department of the City of Ashland. In addition, applicants cannot be eligible to test for a position unless they have passed and are in good standing on the promotion list for the position directly below the position in which they are testing for. Promotional vacancies for classifications listed in "Appendix A" may be filled from outside the Ashland Fire Department only in the event of the following: (a) If, after posting a promotional opportunity in accordance with Section 1 of this Article, the City receives no notices of intent to participate as outlined in Section 3 of this Article; (b) If it is found for Engineer that, after testing in accordance with the terms of this Article, no one within the bargaining unit is deemed qualified for the position by virtue of test scores; or (c) If it is found for Captain that, after testing in accordance with the terms of this Article, there are not at least three (3) employees within the bargaining unit deemed qualified for the position by virtue of test scores. (d) If it is found that for Battalion Chief, after testing in accordance with the terms of this article, there are not at least two (2) employees with the bargaining unit deemed qualified for the position by virtue of test scores. Section 3. Procedure. Employees must submit in writing to the Fire Chief or his or her designee, their intent to participate in the testing procedure not later than ten (10) calendar days prior to the test date. The content of the examination shall be limited to measuring of skill, technical knowledge and level of self-development attained for the classification sought by applicants. When examinations are given, the examination board will be made up of panelists from outside the Ashland Fire Department. Two Chief Officers from the Department will provide comments on the accuracy of applicant statements. 3.1 Promotional Process 25 Candidates will be provided with advanced notice of the grading & scoring criteria which will be used in the assessment process. 3.2 Promotional Process Summary Each candidate who participates in a promotional process for a position covered by this agreement shall be provided with a promotional process summary which will include constructive feedback from the panelists involved. Section 4. Credit for Seniority. In the event two (2) or more applicants are equally qualified by virtue of identical test scores, seniority shall govern placement on the promotional list. Section 5. Promotional List. Promotional lists shall be established from test scores, with number one on the list being that employee who had the best or top overall score. The list will serve to advise each applicant of his standing relative to the outcome of the testing procedure. Section 6. Appointment. When the City desires to fill a vacancy, it shall choose the candidate with the highest overall score on the eligibility list, unless the Fire Chief determines that such individual is not the most qualified. and puts his reasons for such a determination in writing. Section 7. Promotional Probationary Period. Regular employees promoted into a higher classification shall serve a promotional probationary period of twelve (12) full months. The Union also recognizes the right of the employer to demote an employee on promotional probationary status to his previous position. Demotion of an employee on promotional probationary status shall not be subject to the grievance procedure under ARTICLE XIII. Such demotion shall not be considered a disciplinary action. The reasons for demotion shall be supplied in writing to the demoted employee within 48 hours after the demotion. ARTICLE XVI - GENERAL PROVISIONS Section 1. Bulletin Boards. 26 The City agrees to furnish and maintain a suitable bulletin board in a convenient place in the work or assembly area to be used by the Union. The Union shall limit its posting of Union notices and bulletins to such bulletin board, which shall be used only for the following Union notices and bulletins: (a) Recreational and social affairs of the Union (b) Union meetings (c) Union elections (d) Reports of Union committees (e) Rulings or policies of the International Union In addition, the Union may post one IAFF sign, and may use the dayroom for Union meetings, provided they first secure permission from the Captain. Section 2. Visits by Union Representatives. The City agrees that accredited representatives of the International Association of Firefighters and the Oregon State Firefighters Council, upon reasonable and proper introduction, may have reasonable access to the premises of the City at any time during working hours for the purposes of assisting in the administration of this Agreement, if they first obtain permission to do so from the Fire Chief or his designated representative. Section 3. Solicitation. The Union agrees that its members will not solicit membership in the Union or otherwise carry on Union activities during working hours, except as specifically provided in this Agreement. Section 4. Existing Conditions. It is understood and agreed that there exists within the Fire Department certain established working conditions which constitute employment relations under ORS 243.650 through 243.782 which shall continue in effect for the term of this Agreement, unless or until changed by mutual agreement of the parties, or by the City in accord with its prerogatives stated elsewhere in this Agreement, or as required by appropriate State or Federal laws, orders or regulations. In case of changes by other than mutual agreement, the Union shall be notified as soon as practicable of a change or proposed change. Section 5. Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement their responsibilities and may do so by written work rules, existing or future. It is agreed, however, that no work rule will be promulgated or implemented which is inconsistent with a specific provision of this Agreement. Section 6. Other Employment. Prior to accepting outside employment, an employee shall first discuss the matter with the Fire Chief. Acceptance or continuance of regular outside employment by an employee shall be subject to the following criteria: (a) The need for mentally and physically alert public safety employees. 27 (b) Insulating employees from potential conflict of interest situations. (c) Maintaining efficiency unimpaired by other employment, recognizing the nature of the job requiring firefighters to be available for emergency duty twenty-four (24) hours a day. Section 7. Supervisory Employees. It is understood that supervisory employees not covered under this Agreement shall not perform work within the jurisdiction of the Union except in the case of an emergency, or for purposes of instruction or training, or where the complement of regular employees is temporarily reduced by reason of absence of any employee due to illness or other legitimate reason, or where the work load is temporarily increased. Section 8. Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform, protective clothing or use any type of protective device, such articles shall be provided by the City. Replacements to the initial uniform issued shall be provided through an annual uniform allowance of $225.00, set aside for the exclusive use of each member of the Union for the purchase of required clothing ordered through the Fire Chief or his designee. Lost protective clothing or devices, or damage to protective clothing or devices due to negligence, shall be reimbursed to the City by the employee. Failure of an employee to wear required uniforms, protective clothing, or use protective devices as prescribed by the City shall be cause for disciplinary action as set forth in ARTICLE XII. Loss or damage to personal items owned by the employee shall be the responsibility of the employee. Section 9. Position Classification. The general classifications of labor which shall be recognized throughout this Agreement shall be those set forth in Appendix A. Section 10. Personnel Files. Employees shall have the right to: (a) Inspect their official personnel records kept in the office of the Personnel Director on a quarterly basis. (b) Acknowledge the placement of new materials in their files. (c) Challenge or reply to materials which the employee believes to be obsolete or otherwise inappropriate for evaluation, promotion, or retention. Section 11. Trade Time. The City shall allow time trades provided that: (a) Such trades are applied for using Telestaff's electronic form; 28 (b) Permission is granted by the affected shifts' supervisor prior to the time to be traded. Such permission shall not be unreasonably denied; (c) The City shall not be liable for payback of time traded or overtime worked as a result of such trades; (d) Trades shall not interfere with the operations of the Fire Department. This section shall be interpreted to include protection of paramedic staff. Scheduled trade paybacks shall not be satisfied through the use of V/L, C/L or other leave, only hours worked (e) Trades shall occur only between employees of the same job classification, or between equally qualified employees according to the Fire Engineers' and Captains' promotional eligibility list. ARTICLE XVII - HEALTH AND WELFARE AND RETIREMENT Section 1. Health and Welfare. The Employee Health Benefits Advisory Committee including one (1) representative of the Ashland Firefighters Association shall meet at least eight (8) times per year for the purpose of reviewing program performance and advising the City Council on desired changes in health insurance benefits. Health benefits and other insurance will be provided to the IAFF represented employees under the same conditions and restrictions as provided to all other City employees. Adjustments to the health benefits plan may be made by the City in cooperation with the Employee Health Benefits Advisory Committee (EHBAC) as set forth in Appendix D. The duties and responsibilities of the EHBAC are set forth in the administrative policy attached as Appendix D. The City will not make changes to this administrative policy during the term of this agreement. Section 1.1 Committee and Process. EHBAC recommendations for adjustments to the health benefits plan shall be forwarded to the City Council. Should the Council reject the recommended adjustments, the EHBAC shall review the Council action and, if it chooses, recommend modifications to its earlier proposal. The revised EHBAC recommendation shall be forwarded to the Council for action and decision. Council may choose to consult further with EHBAC before final adoption of plan adjustments. Adjustments to the health benefits plan shall be proposed in such a way as to make final Council action possible by June 30th of any fiscal year. Such recommendations shall be presented to the Council by a voting member of the EHBAC. Section 2. Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-half of accumulated sick leave will be applied to retirement as set forth in ORS 238.350. The City 29 will also assume or pay the employee's contributions required by ORS for all employees included under this Agreement at a uniform rate of six (6) percent. Section 3. Deferred Compensation. The City agrees to contribute $15.00 per month in matching funds per member enrolled in a City deferred compensation program (currently ICMA or AETNA). This program is at the option of the member and contingent upon a minimum $15.00 per month contribution paid by the member. In addition, as an incentive to amend language regarding the provision of health insurance benefits to make clear the City has agreed to provide a health insurance package and not specific individual benefits, the City agrees to contribute $25.00 per month to an eligible deferred compensation program for each member of the bargaining group. ARTICLE XVIII - WORKERS' COMPENSATION Section 1. Workers' Compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the City. Section 2. Supplementary Payment. Compensation paid by the City for a period of sick leave also covered by worker's compensation shall be equal to the difference between the workers' compensation pay for lost time and the employee's regular pay rate, as described in ARTICLE VIII, Section 4. ARTICLE XIX - LIABILITY INSURANCE The City shall purchase liability insurance as set forth in ORS 30.270 and containing such terms and conditions as are necessary for the protection of all employees covered by this Agreement against claims against them incurred in or arising out of the performance of their official duties. The premiums for such insurance shall be paid by the City. ARTICLE XX - SAVINGS CLAUSE AND FUNDING 10 Section 1. Savings Clause. Should any article, section, or portion thereof, of this Agreement be subsequently declared by the proper legislative or judicial authority to be unlawful or unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. Funding. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budget procedures and in certain circumstances by vote of the citizens of the City. The City shall not reduce the wages and benefits specified in this Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget requests or voter approval thereof. ARTICLE XXI - TERMINATION AND REOPENING 31 This Agreement shall be effective as of the 1 st day of July, 2015 or upon execution, whichever is later, and shall remain in full force and effect until the 30th day of June, 2018, and shall terminate all prior agreements and practices, and concludes all collective bargaining during the term of this Agreement. This Agreement nullifies and supersedes all previous documents including Letters of Understanding between the parties unless such documents are specifically reinstated for the duration of this Agreement. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing not sooner than one hundred eighty (180) days nor less than ninety (90) days prior to the expiration or subsequent anniversary date that it wishes to modify this Agreement for any reason. Such notification shall include the substance of the modification and the language with which such desired modifications are to be expressed. In the event notice to modify is given, those provisions not reopened shall automatically renew. In the event that such notice is given, negotiations shall begin not later than thirty (30) days after said notice, unless otherwise mutually agreed. This Agreement shall remain in full force and effect during the period of negotiation. ASHLAND FIREFIGHTERS ASSOCIATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, CITY OF ASHLAND, OREGON LOCAL #1269 By: By: City Administrator By: By: Mayor Date: Date: 32 APPENDIX "A" CLASSIFICATIONS WITHIN THE BARGAINING UNIT Firefighter Fire Engineer Fire Captain Battalion Chief APPENDIX "B" SALARY SCHEDULE 2015 - The City agrees to increase wages July 1, 2015 by 2% retroactively. 2016 - The City agrees to increase wages January 1, 2016 by 2%, and July 1, 2016 by 2%. 2017 - The City agrees to increase wages July 1, 2017 by 2%. The City also agrees to implement an Educational Incentive Program detailed in Article XI Section 10. 34 APPENDIX "C" HEALTH AND WELFARE BENEFITS Section 1. Health and Welfare. The City agrees to pay ninety-five percent (95%) of the premium for employee and/or family coverage through the term of this agreement for the following health and welfare plans. The employee agrees to pay five percent (5%) of the premium, to be deducted from the employee's check through regular payroll deductions. The parties recognize this agreement is to provide the insurance plans. Plan benefits are subject to annual adjustments. Nothing in this agreement shall be deemed a limitation on the annual plan benefit adjustments. Retired employees shall be allowed to participate in the existing insurance plan at their own expense to the extent required by state of federal law. The City shall also make available to employees an optional choice to participate in a Flexible Spending Account Program (pre- tax health premium and health and dependent care expense reimbursement). (1) Health Insurance - employee and family coverage. (Self-insured plan) (2) Dental Insurance - employee and family coverage. (Self-insured plan or Willamette Dental Option). (3) Vision Insurance - employee and family coverage. (Self-insured plan) (4) Mercy Flights' Insurance - Family coverage. (5) City paid reimbursement for programs contained in the City's Wellness Program. (6) Other benefit levels and maximum premium payments by the City shall be as follows: State mandated Life Insurance $10,000 in life coverage (duty connected only) Standard Life Insurance $1,000 in coverage Standard Dependent Life Insurance $1,000/ dependent Salary Continuation Plan (LTD) 66.67%, Up to $2,000/month (7) Physical Fitness Reimbursement: 50% of membership cost up to a maximum of $120 per year. (8) Athletic Shoe Reimbursement: The City will continue to reimburse employees for the cost of athletic shoes for work, up to a maximum of $100. All requests will be submitted to payroll and will be processed as a taxable benefit. (9) The City will contribute an amount equivalent to 2% of earnings into an HRA-VEBA account for the employee and his/her dependants to use for eligible healthcare expenses. 35 APPENDIX "D" DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE HEALTH BENEFITS ADVISORY COMMITTEE (EHBAC) In the interest of providing a quality health insurance benefit program on a consistent basis to all regular City employees, the City Council will appoint an Employee Health Benefits Advisory Committee (EHBAC). The primary responsibility of the EHBAC will be to meet with Personnel staff, the agent of record, and insurance representatives, in order to review/evaluate all possible options with regard to employee benefits. The EHBAC will make recommendations to the City Council regarding insurance benefits. Specific responsibilities of the EHBAC include: • Review monthly loss run and claims reports to identify trends and issues that could pose a threat to the fiscal integrity of the health insurance plan; • Monitor the performance of the third party administrator and other benefit administrators; • Review and recommend deletions or additions to the health benefits plan, as well as changes in deductibles, co-pays, out-of-pocket maximums and other direct employee costs; • Annually recommend to the City Council a plan document that establishes benefit levels within budgetary constraints, • Provide a forum for employees to raise concerns about specific elements of the health benefits plan; • Serve as a conduit for information and questions from employees to the committee and the plan administrator. Members of the EHBAC shall at all times protect confidential information from disclosure and shall honor requests for confidentiality from individual employees who have concerns or who want to offer suggestions and input to the committee anonymously. EHBAC members are not expected to resolve problems and concerns with individual claims or to contact the third party administrator or other benefits administrators. Such contacts should be made only by the Human Resources Office or the plan administrator. EHBAC MEMBERSHIP The EHBAC will be comprised of the following voting membership.. • One representative from IBEW Local 659 (Clerical/Technical) • One representative from IBEW Local 659 (Electrical Workers) • One representative from the Ashland Firefighter's Association • One representative from the Ashland Police Association • One representative from Laborers Union Local 121 • One representative from the Parks and Recreation Department • Four management and/or non-represented employees 36 The City Administrator or designee will be a non-voting member of the committee. Additional non-voting members may be appointed at the discretion of the committee. Committee membership may be modified from time to time in order to ensure an equal balance of represented and non-represented employees. A Chair and Vice Chair will be selected annually by the committee, with one position to be filled by a manager and the other will be a non management representative. The Human Resources Office will provide staff support to the committee. Minimum Meeting Requirements: At a minimum, the EHBAC will strive to meet monthly and in no case less than eight (8) times per year. Additional meetings may be scheduled at the discretion of the committee. Subcommittees may also be established at the discretion of the committee. The EHBAC may request the removal or replacement of a voting member who is not able to attend two (2) or more consecutive EHBAC meetings, or four (4) or more meetings in any twelve-month period. No vote shall be taken on any recommendation to the City Council in an EHBAC meeting without a quorum present. A quorum is defined as a majority of the voting members, not including vacant positions. The meetings will be open to all interested employees. Minutes of each meeting will be kept and in turn distributed to each committee member, the City Council and Department Heads, and will be posted on department bulletin boards. All employees with an e-mail address will receive notice of planned meetings and an electronic copy of the minutes of each meeting. 37 APPENDIX "E" EDUCATIONAL INCENTIVE PROGRAM Education: Compensation: Bachelor's Degree 2% Master's Degree 3% OR DPSST Tier 1 2% DPSST Tier 2 3% Members may only earn one incentive in their permanently assigned rank and may not earn incentives for ranks above or below their current permanently assigned rank. If the member is assigned as FPOC they will continue to earn the incentives they've achieved for their current permanently assigned rank, not the FPOC position. 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A requested for proposals was issued late last year and seven responses were received. With extensive input and review from the Climate and Energy Action Plan ad-hoc Committee and City staff, Cascadia Consulting Group was the proposer recommended by the eight-member selection panel. Staff is requesting Council, as the local contract review board, direct the City Administrator to execute the attached $129,000 contract with Cascadia Consulting Group. BACKGROUND AND POLICY IMPLICATIONS: In March of 2015, the Conservation Commission presented the Council with a proposed framework for a community climate action plan. "Through the 2015-2017 budget process, $120,000 was appropriated to fund the effort. In June of 2015, a Mayor appointed Ad-Hoc Climate and Energy Action Plan committee was formed. The ad-hoc committee began meeting in the fall of 2015 with two initial priorities; coordinate efforts and outcomes with a City grant funded Climate Kick-off community event and assist City staff in the development, review and selection for the project consultant team. Climate Kick-off The Climate Kick-off was held on November 15, 2015 with a total attendance of approximately 400 community members and a menu of climate related events throughout the week leading up to the formal kick-off event. Preliminary results of the discussions, table brainstorming and participant feedback have been provided by the grant recipients to the ad-hoc committee for future use as the formal planning process unfolds. Consultant Selection City staff worked with the ad-hoc committee on the development of a request for proposals (RFP) for the development of the formal plan document as well as for development and implementation of a strong public engagement effort with the community. The RFP was released November 4, 2015 with submittals due December 15, 2015. A selection panel made up of six ad-hoc committee members and two City staff individually reviewed each of the seven qualified responses and followed up with a lengthy full panel group meeting to review individual results and determine the final rankings of each of the proposals. Below is a summary of the selection panel recommendation. Page 1 of 3 Vr CITY OF -AS H LA N D Rank Proposer- Points------- I Cascadia Consulting Group 1049.92 2 Michael Baker International 982.25 3 Geos Institute 979.415 4 ESA 965.97 5 Good Company 932.10 6 Perkins + Will 726.79 7 Sharpe Energy Solutions 724.75 The RFP process resulted in market based bids for services at a level to adequately complete the project as anticipated by City staff and the ad hoc committee. The bids ranged from a low of $60,000 to a high of over $300,000, with the top four ranked responses averaging just over $110,000. As part of the selection panel group deliberation, ranking averages were calculated in addition to the points calculation method and Cascadia was the top proposer using that method of evaluation selection as well. Staff proposes to cover this deficit by using funds currently budgeted in the Conservation program for technical assistance, energy efficiency incentives and energy efficiency loans. Recent changes to implementation practices for ductless heat pump incentives and loans make it virtually certain that these funds will be underspent in the remainder of the current budget cycle. In addition, given that City operations benefit directly from the greenhouse gas inventory, the Facilities Division has agreed to offset by $10,000 the cost of the inventory. COUNCIL GOALS SUPPORTED: 22.1 Develop and implement a community climate change and energy plan FISCAL IMPLICATIONS: The preliminary project funding was estimated and approved prior to the Council determining whether the project would be managed in house with the addition of a limited duration contract staff person or be done through a professional services contract with a consultant team. The estimate was based on the equivalent of a 0.50 FTE using the salary schedule of an associate planner wage & benefit; $60,000 for each year of the biennium for a total of $120,000. In support of the overall Climate and Energy Action Plan project, a greenhouse gas inventory for the community and City operations was also anticipated to be completed utilizing the $120,000 budget. This component of the project was solicited with an RFP process in August of 2015, with the consultant selection and contract approved by Council on September 15, 2015 with a maximum amount of $46,319. Cascadia Consulting has offered two options from their original bid. The full bid price of $129,000 includes the full scope of their proposed public engagement services. The second option is a reduced bid of $120,000, which removes one site visit by the consultant team and also reduces the number of consultant team members for the remaining site visits. Page 2 of 3 IVr CITY OF ASHLAND Utilizing the $120,000 appropriation for the GHG inventory leaves a balance of $73,681 available for the climate and energy action plan consultant, resulting in a deficit of $55,319 (or $46,319 using the second Cascadia bid option). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the contract with Cascadia Consulting Group for the Climate and Energy Action Plan. SUGGESTED MOTION: I move to authorize the City Administrator to execute a contract not to exceed $129,000 with Cascadia Consulting Group. ATTACHMENTS: Climate and Energy Action Plan - RFP November 4, 2015 Climate and Energy Action Plan - Selection Panel scoring summary Cascadia Consulting Group Inc - Proposed contract agreement Links March 16, 2015 Council Study Session - Conservation Commission report http://www.ashland.or.us/SIB/files/031615 Climate Energy Plan CC.pdf June 2, 2015 Council Business Meeting - Formation of Ad-Hoc Committee http://www.ashland.or.us/SIB/files/This-1 Climate Energy Plan CC.pdf September 15, 2015 Council Business Meeting - Award of GHG Inventory contract http://www.ashland.or.us/SIB/files/091515 GHG Inventory Contract Award CC.pdf Page 3 of 3 ,17 LAj CITY OF ASHLAND Request for Proposals CLIMATE AND ENERGY ACTION PLAN Plan Development and Public Engagement Date of Release: November 5, 2015 Proposals are due prior to: 2:00 PM (PST), Tuesday, December 15, 2015 Contracting Agency: City of Ashland Sole Point of Contact: Kari Olson Title: Purchasing Representative Address: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Telephone: (541) 488-5354 Fax: (541) 488-5320 Email: kari.olson(a~,ashland.or.us RFP - Climate and Energy Action Plan Page l of 29 TABLE OF CONTENTS I , PUBLIC NOTICE 3 2. PROPOSAL PROCESS 5 3. SCHEDULE OF EVENTS 6 4. SCOPE OF WORK 11 5. PROPOSAL CONTENTS 15 6. PROPOSAL SUBMISSION _ 19 7. EVALUATION PROCESS 20 8. EVALUATION CRITERIA 21 EXHIBIT A - PROPOSAL SUBMISSION FORM EXHIBIT B - CERTIFICATE OF COMPLIANCE EXHIBIT C - CONTRACT FOR CLIMATE AND ENERGY ACTION PLAN RFP - Climate and Energy Action Plan Page 2 of 29 PUBLIC NOTICE: tram CITY OF ASHLAND Request for Proposals CLIMATE AND ENERGY ACTION PLAN Plan Development and Public Engagement Proposals are due prior to 2:OOPM (PST), Tuesday, December 15, 2015 The City of Ashland is requesting proposals for the development of a climate and energy action plan intended to identify existing and potential vulnerabilities and develop an organized and prioritized set of actions to protect people and resources from the ongoing impacts of climate change. The plan shall include targets and strategies for reduction of greenhouse gas emissions in Ashland, as well as appropriate climate adaptation strategies and actions. These targets and strategies shall identify short- rnid- and long-term achievement timelines, and shall consider cost, feasibility, community acceptance and likelihood of success, taking into account voluntary measures that can be undertaken by different sectors of the community and potential recommended policy to support these measures. The plan shall include a set of potential specific, measurable actions across all plan categories that citizens and local institutions can begin to undertake immediately upon adoption of the plan. The proposed actions shall be accompanied by a methodology to assist community decision makers in measuring each proposed implementation action's environmental, economic and social costs and benefits to the community and its residents, businesses and other civic partners The plan is intended to result in climate related "wins" for the community in the near term and also function as the foundation for sustained forward movement towards longer term community goals and targets. The project requires a high degree of public, City and other civic partner engagement and facilitation skills to ensure input and feedback on the plan elements is achieved with a broad and inclusive reach across all sectors of the community. This Request for Proposal (RFP) is intended to provide interested proposers with sufficient information to prepare and submit a proposal for consideration by the City. The Request for Proposals may be reviewed at the City of Ashland, Purchasing Office located at 90 N. Mountain Avenue, Ashland, Oregon 97520. For a copy of the Request for Proposals and requirements, please contact the Purchasing Representative, at (541) 488-5354. All questions and inquiries regarding this RFP must be directed to the Purchasing Representative, Kari Olson. RFP - Climate and Energy Action Plan Page 3 of 29 The REQUEST FOR PROPOSAL is available online at www.ashland.or.us (Log on to the City's website, scroll down to the Ashland 24/7 ribbon and click on "Proposals, Bids and Notifications". You will need to log in to the system each time you would like to download the bid document and any subsequent addenda.) In accordance with AMC Section 2.50.080, 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 outlined in the RFP. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. Sealed Proposals must be received prior to 2:00 PM (PST), Tuesday, December 15, 2015, by Kari Olson, Purchasing Representative in the City of Ashland, Purchasing Office located at 90 N. Mountain Avenue, Ashland OR 97520. The proposals will be opened at 2:OOPM (PST), Tuesday, December 15, 2015, and only the identities of the proposers will be released after the proposals have been opened. Kari Olson Purchasing Representative City of Ashland, Oregon Published: November 5, 2015 RFP - Climate and Energy Action Plan Page 4 of 29 PF I 'I Irma CITY OF -ASHLAND Request for Proposals CLIMATE AND ENERGY ACTION PLAN Plan Development and Public Engagement November 5, 2015 ORS 279B 060(2)(c) PURPOSE OF REQUEST FOR PROPOSALS The City of Ashland is requesting proposals for the development of a climate and energy action plan intended to identify existing and potential vulnerabilities and develop an organized and prioritized set of actions to protect people and resources from the ongoing impacts of climate change. The plan shall include targets and strategies for reduction of greenhouse gas emissions in Ashland, as well as appropriate climate adaptation strategies and actions. These targets and strategies shall identify short- mid- and long-term achievement timelines, and shall consider cost, feasibility, community acceptance and likelihood of success, taking into account voluntary measures that can be undertaken by different sectors of the community and potential recommended policy to support these measures. The plan shall include a set of potential specific, measurable actions across all plan categories that citizens and local institutions can begin to undertake immediately upon adoption of the plan. The proposed actions shall be accompanied by a methodology to assist community decision makers in measuring each proposed implementation action's environmental, economic and social costs and benefits to the community and its residents, businesses and other civic partners The plan is intended to result in climate related "wins" for the community in the near term and also function as the foundation for sustained forward movement towards longer term community goals and targets. The project requires a high degree of public, City and other civic partner engagement and facilitation skills to ensure input and feedback on the plan elements is achieved with a broad and inclusive reach across all sectors of the community. This Request for Proposal (RFP) is intended to provide interested proposers with sufficient information to prepare and submit a proposal for consideration by the City. ORS 279B 060(2)(b) SOLE POINT OF CONTACT Information, correspondence and questions pertaining to this Request for Proposals (RFP) shall ONLY be directed to: Name: Kari Olson Title: Purchasing Representative Address: City of Ashland 90 N. Mountain Avenue, Ashland, OR 97520 Telephone: 541-488-5354 Fax: 541-488-5320 Email: Kari.olsonnashland.or.us RFP - Climate and Energy Action Plan Page 5 of 29 This person is the sole point of contact during the entire RFP process including clarification and/or protest of specifications, method of bidding, the evaluation and award process, and/or other questions that may arise. The RFP documents may be reviewed upon request by contacting the designated sole point of contact listed above. QUESTIONS AND REQUESTS FOR ADDITIONAL INFORMATION: All potential proposers are encouraged to ask questions and request additional information that will aid in the clarification of the RFP requirements. Questions and requests for information will be promptly considered, and written responses will be provided in the form of an addendum. Addenda will be mailed to all potential proposers who have received the RFP documents. OAR 137-047-0260(2)(a)(C) OPENING DUE DATE AND TIME Proposals must be received prior to the scheduled opening. The opening is scheduled for the following due date and time: Proposals are due prior to: 2:00 PM (PST), Tuesday, December 15, 2015 The proposal must be addressed to the designated sole point of contact and received prior to the due date and time. Late proposals will not be considered. OAR 137-047-0260(2)(c)(A) SCHEDULE OF EVENTS ACTIVITY DATE Request for Proposals Released November 5, 2015 Is' Public Notice November 5, 2015 Last Day for Questions 5:00 PM, Friday, December 4, 2015 DUE DATE AND TIME 2:OOPM (PST), Tuesday, December 15, 2015 (Note: Proposals must be received Location: City of Ashland, Purchasing Office, prior to the due date and time.) 90 N. Mountain, Ashland, OR 97520 Evaluation Process December 16, 2015 to January 12, 2015 Contract Recommendation Upon completion of evaluation process Intent to Award Announcement (7) Days prior to executing contract Contract Recommendation January 19, 2015 Presented to City Council for Final Approval Upon Council Approval and Contract Award (7) Days after the Intent to Award Announcement Services intended to begin As agreed to by City and successful proposer NOTE: This is a tentative schedule and is provided as a courtesy to potential proposers. The actual schedule may vary from that provided vN,ithout notice to potential proposers. Any changes made to the closing date of the RFP will be made in the form of an addendum and mailed to all potential proposers who have received RFP documents. OAR 137-047-0260(2)(a)(F) Addenda The provisions of this RFP cannot be modified by oral interpretations or statements. Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification. If inquiries or comments RFP - Climate and Energy Action Plan Page 6 of 29 by proposers raise issues that require clarification by the City, or the City revises any part of this RFP, addenda will be provided in accordance with OAR 137-047-0430 to all persons who received the RFP. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. Addenda will be issued within a reasonable time to allow prospective proposers to consider the addenda in preparing their proposals. Addenda shall not be issued less than 72 hours before the closing unless the addendum also extends the closing. ORS 279B.405 Protest Solicitation Process A prospective proposer for a public contract solicited under ORS 27913.055, 27913.060 or 27913.085 may file a protest with the City if the prospective proposer believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. If a prospective proposer fails to timely file such a protest, the prospective proposer may not challenge the contract on grounds under this subsection in any future legal or administrative proceeding. If the protest is received at least 10 days prior to bid closing and meets the requirements of ORS 27913.405, the City shall consider the protest and issue a decision in writing. Otherwise, the City shall promptly notify the prospective proposer that the protest is untimely or that the protest failed to meet the requirements and give the reasons for the failure. The City shall issue a decision on the protest no fewer than three business days before proposals are due, unless a written determination is made by the City that circumstances exist that justify a shorter time limit. OAR 137-047-0440 Pre-Closing Modification or Withdrawal of Offers A proposer may modify its proposal in writing prior to the closing in accordance with OAR 137-047-0400, OAR 137-047-0410 and OAR 137-047-0440. Any modification must include the proposers statement that the modification amends and supersedes the prior proposal. A proposer in accordance with OAR 137-047-0440 may withdraw its proposal by written notice submitted on proposer's letterhead, signed by authorized representative of the proposer, and delivered to the individual and location specified in the solicitation document prior to closing. OAR 137-047-0460 Late Offers, Late Withdrawals and Late Modifications Any proposal received after closing is late. A proposer's request for withdrawal or modification of a proposal received after closing is late. An Agency shall not consider late proposals, withdrawals or modifications except as permitted in OAR 137-047-0470 or 137-047-0262. Proposal Acceptance Proposals that do not address all areas requested by this RFP may be deemed non- responsive and may not be considered for any possible contract awarded as a result of this RFP. ORS 279B.060(2)(e) Cancel, Reject or Delay Procurement The City of Ashland may cancel the procurement, reject in whole or in part any or all proposals, or suspend or delay the procurement in accordance with ORS 27913.100 when it's in the best interest of the City of Ashland as determined by the City of Ashland. In no event shall the City of Ashland have any liability for the cancellation, rejection, or suspension of a solicitation or award. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. Collusion By submitting a proposal, proposer certifies that no officer, agent, or employee of the City of Ashland has a monetary interest in this proposal; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or company. Disputes In case of any doubt or differences of opinions as to the items or services to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the City of Ashland shall be final and binding upon all parties. RFP - Climate and Energy Action Plan Page 7 of 29 Clarification of Responses The City of Ashland reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. References The City of Ashland reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to proposer's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers. Recyclable and Recycled Products Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this RFP. ORS 279A.125 The City shall give preference to goods that are certified to be made from recycled materials if the recycled product is available, meets applicable standards, can be substituted for a comparable non recycled product; and the recycled products costs do not exceed the costs of non recycled products by more than five percent, or a higher percentage if a written determination is made by the City. ORS 282.210 All printing, binding and stationery wort: done for the City shall be performed within the State of Oregon. ORS 279B.060(2)(g) If required under ORS 468A.710, the contractor or subcontractor is required to possess an asbestos abatement license. AMC Chapter 3.12 Living Wage If the contract exceeds S20,142.20 the Contractor will be required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage to applicable employees, as defined in this chapter, performing work under this contract and to any applicable subcontractor who performs 50% or more of the service work under this contract. The Living Wage is S14.42 per hour effective June 30, 2015 and increases annually every June 30 by the Consumer Price Index. In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. It is the responsibility of the proposer to review and comply with the Living Wage ordinance requirements, which can be viewed online at www.ashland.or.us. The Living Wage is $14.42per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) ORS 279B.060(6)(a) Opening Procedures Notwithstanding ORS 192.410 to 192.505, proposals may be opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation, but the City of Ashland shall record and make available the identity of all proposers as part of the City's public records after the proposals are opened. Notwithstanding ORS 192.410 to 192.505, proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.610, does not make the contents of the proposals subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals. ORS 279B.060(6)(b) Proprietary Information (Trade Secrets) Notwithstanding any requirement to make proposals open to public inspection after the City of Ashland's issuance of a notice of intent to award a contract, the City of Ashland may withhold from disclosure to the public materials included in a RFP - Climate and Encrgy Action Plan Page 8 of 29 proposal that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502. It is the responsibility of the proposer to clearly identify trade secrets and proprietary information as confidential information. The City of Ashland, in good faith, will honor the proposer's request to keep the proprietary information confidential in accordance with the Oregon Revised Statutes. OAR 137-047-0260(2)(a)(E) Certification of Nondiscrimination Proposer to certify that the proposer has not discriminated and will not discriminate, in violation of ORS 279A.1 10(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. The Certificate of Compliance attached as Exhibit B, is required to be signed and included with your proposal. ORS 279B.060(13) Notice of Intent to Award The City of Ashland shall provide written notice of its intent to award to all proposers pursuant to ORS 279B.135 and OAR 137-047-0610 at least seven (7) days before the award of the contract, unless the City determines that circumstances justify prompt execution of the contract, in which case the City may provide a shorter notice period. ORS 279B.060(14) Contract Award The City of Ashland shall award the contract to the responsible proposer whose proposal the City of Ashland determines in writing to be the most advantageous to the City of Ashland based on the evaluation process and evaluation factors described in the request for proposals, and any applicable preferences described in ORS 279A.120, ORS 279A.125 and ORS 279A.128 and, when applicable, the outcome of any negotiations authorized by the request for proposals. Other factors may not be used in the evaluation. In addition, any other public agency wishing to use the resulting contract may be authorized by mutual consent of the City of Ashland and the contractor. ORS 279B.410 Protest of Contract Award A proposer may protest the award of a public contract or notice of intent to award a public contract if the proposer is adversely affected because the proposer would be eligible to be awarded the public contract in the event that the protest were successful. The written protest shall specify the reasons for the protest pursuant to ORS 27913.410(1)(b) and be delivered to the sole point of contact named in the RFP within seven days after issuance of the Notice of Intent to Award a contract. The City shall consider and respond in writing to a protest in a timely manner. ORS 279B.060(2)(h) Contractual Terms and Conditions The proposer selected by the City of Ashland will be expected to enter into a written contract in the form attached to this RFP. This RFP and the contents of the proposal of the successful proposer will become contractual obligations if a contract is executed. The proposal should indicate acceptance of the City of Ashland's contract provisions or suggest reasonable alternatives that do not substantially impair the City of Ashland's rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions proposed as alternatives by the proposer. If inclusion of any of the City of Ashland's contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Unconditional refusal to accept the contract provisions proposed by the City of Ashland without offering acceptable alternatives may result in the disqualification of the proposal. Insurance Certificates The Contractor will be required to provide and maintain ALL required insurance certificates, and provide current Certificates of Insurance, including the City of Ashland endorsed as the additional insured, to the City prior to any lapse of insurance coverage. RFP - Climate and Energy Action Plan Page 9 of 29 Additional Terms The City of Ashland reserves the right to waive irregularities or deficiencies in a proposal if the City of Ashland determines that waiver is in the best interest of the City of Ashland. The City of Ashland may request supplemental written information from a proposer concerning the proposer's ability to perform the services. If a proposer fails to provide supplemental information within the time stated in the request, the City of Ashland may refuse to consider the proposer's proposal. The City of Ashland may request an interview with any proposer. If a proposal is unclear, or appears inadequate, the proposer may be given an opportunity in the interview to explain how the proposal complies with the RFP. The City of Ashland reserves the right to make such investigation it deems appropriate to determine whether a proposer is qualified to provide the services. If a proposer fails to cooperate with an investigation, or if a proposer provides false, misleading or incomplete information, the City of Ashland may refuse to consider the proposer's proposal. In cases of doubt or differences of opinion concerning the interpretation of this RFP, the City of Ashland reserves the exclusive right to determine the intent, purpose and meaning of any provision in this RFP. RFP - Climate and Energy Action Plan Page 10 of 29 SCOPE OF WORK The City of Ashland is requesting proposals for the development of a climate and energy action plan intended to identify existing and potential vulnerabilities and develop an organized and prioritized set of actions to protect people and resources from the ongoing impacts of climate change. The plan shall include targets and strategies for reduction of greenhouse gas emissions in Ashland, as well as appropriate climate adaptation strategies and actions. These targets and strategies shall identify short- mid- and long-term achievement timelines, and shall consider cost, feasibility, community acceptance and likelihood of success, taking into account voluntary measures that can be undertaken by different sectors of the community and potential recommended policy to support these measures. The plan shall include a set of potential specific, measurable actions across all plan categories that citizens and local institutions can begin to undertake immediately upon adoption of the plan. The proposed actions shall be accompanied by a methodology to assist community decision makers in measuring each proposed implementation action's environmental, economic and social costs and benefits to the community and its residents, businesses and other civic partners The plan is intended to result in climate related "wins" for the community in the near term and also function as the foundation for sustained forward movement towards longer term community goals and targets. 'The project requires a high degree of public, City and other civic partner engagement and facilitation skills to ensure input and feedback on the plan elements is achieved with a broad and inclusive reach across all sectors of the community. 1. Background The Comnntnzty The City of Ashland, Oregon (population 21,400) is located at the southern tip of the Rogue Valley, along Interstate 5, approximately 15 miles north of the Oregon-California border. Nestled in the foothills of the Siskiyou Mountains, Ashland has a nationally recognized and Tony Award-winning repertory theater company, the Oregon Shakespeare Festival (OSF) that produces a variety of plays for some 400,000 visitors each year. The city enjoys a thriving arts and music scene and is at the center of maior recreational amenities. The nearby Mt. Ashland Ski Area provides skiing and snowboarding, while hiking, bicycling, rafting and backpacking opportunities abound in the region. The community owns its own municipal electric and water utilities, has an impressive parks and recreation system and an outstanding public school district that has been consistently rated among the top 100 districts in the nation. Ashland is also home to Southern Oregon University (SOU), with close to 6.000 students. Ashland offers an eclectic lifestyle in an environment that promotes communications and collaborative relationships at all levels and encourages citizen participation. The PrQ&ct The Ashland City Council, with support and encouragement from its Conservation Commission, concluded its most recent multi-year strategic planning effort with the inclusion of the following in its two year goals and objectives list: RFP - Climate and Energy Action Plan Page 1 1 of 29 "Prepare for the impact of climate change on the community - Develop and implement a conrrnunity climate change and enem-gy plan " The Conservation Commission has spent considerable time over the past several years reviewing and researching sustainability and climate action planning efforts of other communities within Oregon and beyond and that work has helped propel the Council and the community to undertake a greenhouse gas inventory that is currently underway and scheduled for completion in January of 2016. It is anticipated and expected that the consultant selected for the Climate and Energy Action Plan project will utilize the previous work of the Commission and the GHG inventory as a technical foundation for the plan development and will include a robust public engagement plan to ensure that the community is a primary and involved stakeholder in the plan development and its proposed implementing actions. The plan shall be based on the best and most recent widely accepted and available science (IPCC AR5 models). The plan should incorporate both high emission (pessimistic) projections (RCP8.5) and lower emission (optimistic) projections (RCP 2.6 or 4.5). The plan should be designed to assist the community in preparing for climate change induced extremes such as prolonged heat-waves, frequent flooding events, severe drought and air duality degradation due to frequent and prolonged forest fires rather than upon projected average conditions across a broad geographic area. The plan will focus on both mitigation and adaptation strategies and actions that form a coordinated and integrated approach in serving community needs and expectations with an emphasis on both voluntary and policy actions. To guide the process and assist City staff with project and plan development oversight, a Mayor- appointed Climate and Energy Action Plan ad-hoc committee has already begun meeting and will play a pivotal role in the plan development and public engagement and input process. Committee responsibilities include review and recommendation ofthe public engagement/involvement plan, setting of targets, prioritization of implementing strategies and actions and potential phasing of initial implementation. The final draft of the Climate and Energy Action Plan is expected to be complete and ready for presentation to the City Council in January of 2017. II. Submittal Qualifications A. Experience in Municipal Climate Action Planning in Cities of comparable size, scale and complexity B. Professional certifications relevant to proposed project C. Demonstrated understanding of the state of Oregon's regulatory construct relating to climate action and energy topic areas D. Engagement and facilitation skills and experience in a multitude of community wide public input/feedback formats E. Experience with GHG Inventory analysis, evaluation and implementation planning F. Experience in both mitigation and adaptation policies, strategies and action planning G. Experience with communities that own/operate their own municipal electric utility and/or experience with communities that reside within a local electric co-op or similar structure with local control of electric utility decision making RFP - Climate and Energy Action Plan Page 12 of 29 III. Proiect Final Content/Deliverables It is the intent of the City Council, with guidance and recommendation of the appointed ad-hoc Climate and Energy Action Committee, to receive a comprehensive and coherent final plan document for their review, deliberation and ultimate approval. The document must incorporate the plan elements described below and be communicated and displayed in a manner that is understandable to all participants in the process; citizens, stakeholders, committee members, city staff and the Council. A. Plan document - Contents 1. Incorporation as relevant of GHG Inventory results (in progress) for community baselines. 2. Inclusion and analysis of local historic, current and forecasted climate trend data in sufficient detail for short, mid and long range target setting and action planning. 3. GHG reduction targets (short term, intermediate and long term) for scopes 1,2,and 3 4. Climate adaptation strategies and actions that coordinate with or augment mitigation strategies and action. 5. Clear articulation of the community's challenges and opportunities in meeting GHG reduction goals. 6. Potential implementation actions for achieving targets across multiple climate categories (renewables, transportation, energy efficiency, waste, etc) and across multiple community groups (Residential, Commercial, governmental, etc.) with estimated action costs, their estimated progress towards category target and their ability to be implemented within the community. 7. Development and use of a methodology to assist community decision makers in measuring each proposed implementation action's environmental, economic and social costs and benefits to the community, its residents, businesses and other civic partners. 8. Formatting and display of a graphics-rich implementation plan that assists City staff and City Council in incorporating selected implementation actions into the City's budget process as appropriate, while also serving as an educational and information document to citizens and stakeholders. 9. Incorporation of best practices from other communities as appropriate and relevant. 10. Identification of alignment and potential conflicts of Climate and Energy Action plan policies and implementing actions with existing policies/master plans of the City such as the Comprehensive Plan, Transportation Element and Transportation System Plan, Water Master Plan, etc. as relevant. 11. Integration of other community partner GHG/Climate/Energy goals/targets, such as SOU, Ashland School District, OSF, City, businesses, etc. 12. Confirmation that proposed strategies and actions meet or exceed existing regional and state level GHG and Climate Action related policies and plans. 13. Development and articulation of methodology and tools for measurement and performance tracking metrics for ongoing plan achievement and progress towards achievement of target goals. 14. Development of an ongoing reporting plan aligned with measurement process plan to inform Council and public on efforts and achievements of plan over time including recommendations on frequency and level of detail of reporting. RFP - Climate and Energy Action Plan Page 13 of 29 B. Public Engagement Process 1. Development and execution of a public engagement and involvement plan that includes tools to solicit and record public input such as online surveys, public forums, open houses, etc. 2. Public engagement plan shall be designed to achieve participation and input from all segments of the community. Factors such as age, ethnicity, income level, disabilities and others shall be incorporated into the engagement plan. 3. Public engagement plan shall also incorporate opportunities for citizens and stakeholders participation based on major climate and energy topic area interest and expertise. 4. Development of a corresponding project outreach and communication plan to foster quality involvement/input and maintain interest and project progress over project term and into the implementation stage of the plan. C. Project Schedule and Proposed Timeline 1. Proposed project work plan and task level timeline for completion of project services/deliverables 2. Clear assignment of responsible party for each task (consultant, City staff, City committee, etc) RFP - Climate and Energy Action Plan Page 14 of 29 PROPOSAL CONTENTS Preparation Proposals shall provide a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content and cost effectiveness of the proposal. Submissions of technical literature, display charts, or other supplemental materials are the responsibility and within the discretion of the proposer. The proposal must be organized in accordance with this section titled Proposal Contents. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. Contents of Proposal Letter of Introduction / Cover Pale A letter of introduction addressed to "Dave Kanner, City Administrator" and signed by a person legally authorized to bind the proposer to its proposal. The letter will introduce the company and include the company name, principal contact name, physical address, mailing address, telephone number, fax number and email address. The transmittal letter may also introduce the proposal and summarize the key provisions of the proposal. (2 Points) Table of Contents Include a clear identification of the material by section and page number. (1 Point) Proposal Submission Form Complete the Proposal Submission Form as attached hereto as Exhibit A. (2 Points) Understanding of Requested Services Provide a summary narrative of your overall understanding of the project and your recommended approach, intended process, methodology and plan to successfully complete the project. (10 Points) Demonstrate a clear and concise understanding of the plan document contents and project schedule detailed in subsections A and C of Section III. Project Final Content/Deliverables. (10 Points) Demonstrate a clear and concise understanding of the extensive public en$!aE!ement process outlined in subsection B of Section III. Project Final Content/Deliverables. (10 Points) RFP - Climate and Energy Action Plan Page 15 of 29 Proiect Team and Qualifications Provide a list of the key personnel that will be assigned to the project. Include their qualifications, educational background, certificates or licenses, work history, areas of responsibility and a statement as to their particular expertise and experience relevant and related to this type of project and Section II. Submittal Qualifications. Resumes should only include information relevant to the scope of work outlined in the RFP. (15 Points) Describe the extent of principal involvement (whether they are from the prime or sub consultant). (5 Points) Describe the extent of the project manager(s) involvement (whether they are from the prime or sub consultant). (10 Points) Provide a list and description of tasks, qualifications, and responsibilities of any sub- contractors that may be hired to work on this project. (5 Points) Include descriptions and/or samples of a minimum of two (2) but not to exceed five (5), related and relevant projects, project outcomes and customer feedback received (if any). (10 Points) Proposer's Capabilities and Resources Demonstrate proposer's resources available to be allocated for the proposed scope of services. (5 Points) Describe how the proposer can accommodate the varying workload contemplated under the contract, including a description of the anticipated response times throughout the proposed project timeline and task assignment/schedule. (5 Points) Describe proposer's ability to timely manage and conduct the extensive public engagement process outlined in subsection B of Section III. Project Final Content/Deliverables. (10 Points) Describe proposer's proximity to the project and how the proposer can cost effectively accommodate working on this project. If applicable, describe proposer's branch or satellite offices that will provide the requested services, indicate their location(s) and which services they are able to perform. (5 Points) Describe any staffing or technology specialties or unique strengths that relate to the services requested in this RFP. Include a brief description of new or innovative methodologies or techniques to be used. RFP - Climate and Energy Action Plan Page 16 of 29 (5 Points) Proposed Timeline and Schedule for Completion Please note: The contract recommendation resulting from this RFP will be presented to the City Council on January 19, 2016. The project may begin after- the contract is approved by the City Council and a contract with the successful proposer has been fully executed. The completion date for the contract and final draft of the Climate and Energy Action Plan is expected to be complete and ready for presentation to the City Council in January of 2017. Provide a proposed timeline for completing; the major tasks of the scope of work identified in subsections A, B and C of Section III. Proiect Final Content/Deliverables. Include a start date, major task level timeline, and proposed completion date for the project. Include the assignment of the responsible party (consultant, City staff, City committee, etc.) for each of the major tasks. Demonstrate clearly how time will be managed. If a proposer is not able to meet the target completion date January of 2017, the proposer shall include their proposed completion date and an explanation for the proposed adjustments to the completion date. (10 Points) References Your proposal must include a minimum of three (3) references for similar work completed by the proposer within the last years (5) years. Please provide a company name, contact name, telephone number and email address for each contact. The City reserves the right to investigate the references and past performance of any proposer with respect to successful performance of similar services, compliance with specifications and contractual obligations, and completion of a project on schedule. (5 Points) Contractual Terms and Conditions Indicate acceptance of the City's contract provisions found in the Contract for Climate and Energy Action Plan attached as Exhibit C or suggest reasonable alternatives that do not substantially impair the City's rights under the contract. Some contract terms and conditions may be negotiable. Provide proof of insurance (Certificate of insurance) to satisfy the City's insurance requirements that can be found on page 26 of the RFP. If inclusion of any of the City's contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Proposer may propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals. The City of Ashland reserves the right to negotiate or reject the contractual terms and conditions proposed as alternatives by the proposer. RFP - Climate and Energy Action Plan Page 17 of 29 The Certificate of Compliance attached as Exhibit B, is required to be signed and included with your proposal. Provide a written statement which identifies proposer's status regarding its eligibility to participate in public procurement activities. If the firm, business or person submitting this proposal has been debarred, suspended, disqualified or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved or disqualified as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, proposer shall filly disclose and explain the circumstances relating to the preclusion or pending preclusion as part of the required statement. The proposer shall identify the name, address and contact information of the governmental unit that has the authority to issue the findings or ruling, the effective date and duration of the current action or proposed date and duration of any pending suspension or debarment and the circumstances relating to the current or pending suspension or debarment. (5 Points) Cost Proposal All of the information being requested in this section titled "Cost Proposal" must be included in the separate sealed envelope marked Cost Proposal and submitted separately from the proposal per the submission instructions on Page 19. Provide a detailed cost sheet for labor, materials and expenses by major project elements, including the total cost to complete the scope of work. Provide a detailed hourly fee or rate schedule for the key personnel (professional, technical, and sub-professional rates) that will be working on the project. (20 Points) RFP - Climate and Energy Action Plan Page 18 of 29 PROPSOAL SUBMISSION Final contents of proposal to be submitted in sealed envelope: 1. Complete set of RFP documents released by the City of Ashland 2. Proposal: One (1) original copy of the Proposal, SIGNED IN INK Five (5) additional copies of the SIGNED original proposal 3. Cost Proposal: In a separate sealed envelope marked Cost Proposal One (1) original copy of the cost proposal, SIGNED IN INK Five (5) additional copies of the SIGNED cost proposal The final contents of the proposal, including the separate sealed envelope containing the cost proposal, must be submitted in a single SEALED ENVELOPE and received at the following address: Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Contents: REQUEST FOR PROPOSAL Climate and Energy Action Plan Due by 2:OOPM, Tuesday, December 15, 2015 Please note: Late proposals 'swill not be considered. No exceptions. It is recommended that you request available delivery options for the City of Ashland, Oregon area and verify that your method of shipment will arrive prior to the due date and time. DUE DATE AND TIME: The proposals must be received at the designated address listed above prior to 2:OOPM, Tuesday, December 15, 2015. Late proposals will not be considered. Faxed or emailed proposals will not be considered. Period of Irrevocability Proposals will be offers that are irrevocable for a period of sixty (60) days after the time and date proposals are due. Proposals will contain the name, address and telephone number of an individual or individuals with authority to bind the company during the period in which the proposal will be evaluated. RFP - Climate and Energy Action Plan Page 19 of 29 EVALUATION PROCESS In accordance with ORS 27913.060 (14), The City shall award the contract to the responsible proposer whose proposal the City determines in writing is the most advantageous to the City based on the evaluation process and evaluation criteria described in this RFP, applicable preferences described in ORS 279A.120, 279A.125 and 279A.128, and, when applicable the outcome of any negotiations authorized by the RFP. Other factors may not be used in the evaluation. An evaluation committee appointed by the City of Ashland will evaluate the proposals based on the evaluation criteria established in the Request for Proposal. Each category will be scored with a number of' points, up to the maximum number of points assigned to each category. The greater the number of points assigned to a category, the greater the category's level of importance. Each proposal will be evaluated, scored and then ranked according to the evaluation criteria set forth in this RFP. Information contained in the cost proposal envelope will be opened and evaluated after the proposals have been reviewed and ranked by the Evaluation Committee. After the initial evaluation of the proposals has been completed, the Evaluation Committee may request clarifications. Requests for clarifications will be processed via email by the sole point of contact identified on page 5 of this RFP. No additions, deletions or substitutions may be made to proposals that cannot be termed as clarifications. Proposer's responses to questions shall restate the question and provide the requested clarification. The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all proposals upon the City's findings that it is in the best interest of the City of Ashland. If only one responsive proposal is received, the City of Ashland reserves the right to negotiate a contract with the sole responsive proposer. The City of Ashland will use the cost and price data to determine that the proposed fees are fair and reasonable. If the proposed fees are not fair and reasonable, the City of Ashland will not award the contract unless the City of Ashland and proposer negotiate fees that are fair and reasonable. The total points awarded to each proposal will be tabulated and the proposers shall be ranked accordingly. A contract with the proposer deemed to be the highest ranked proposer will then be negotiated. If negotiations with the highest ranked proposer are Unsuccessful, the City of Ashland may proceed to the next highest ranked proposer, and so on until a contract is successfully negotiated. In accordance with OAR l 37-047-0260(2)((b)(A)(B)(C), the statement of work will identify the scope oil' work to be performed under the resulting contract. outline anticipated duties of the contractor and establish the expectations for the contractor's performance of the resulting contract. The final statement of work will identify an agreed upon project schedule, tasks, deliverables and expected expenses by major task. The agreed upon tasks will also identify respective responsibilities of the consultant, City staff and Mayor appointed committee. In accordance with ORS 27913.060 (16), the City shall obtain the proposer's agreement to perform the scope of work and meet the performance standards set forth in the final negotiated statement of work. The final contract recommendation will then be subject to the approval of the City Council acting as the Local Contract Review Board. RFP - Climate and Energy Action Plan Page 20 of 29 EVALUATION CRITERIA The proposals will be evaluated according to the following criteria. Evaluation Criteria Points Letter of Introduction/Cover Page 2 Table of Contents I Proposal Submission Form (Exhibit A) 2 Understanding of Requested Services 30 Project Team and Qualifications 45 Proposer's Capabilities and Resources 30 Proposed Timeline and Schedule for Completion 10 References 5 Contractual Terms and Conditions (Exhibit C) and 5 Certificate of Compliance (Exhibit B) Subtotal 130 Cost Proposal 20 TOTAL 150 RFP - Climate and Energy Action Plan Page 21 of 29 EXHIBIT A Request for Proposals CLIMATE AND ENERGY ACTION PLAN Plan Development and Public Engagement Proposals are due prior to 2:OOPM (PST), Tuesday, December 15, 2015 Proposal Submission Form The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for the Climate and Energy Action Plan, Plan Development and Public Engagement, released on November 4, 2015. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City. and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: The proposer hereby acknowledges receipt of Addendum Nos. to this RFP. Name of Proposer: Business Address: Telephone Number: Fax Number: Email Address: Authorized Signature: Printed/Typed Name: Title: Date: RFP - Climate and Energy Action Plan Page 22 of 29 EXHIBIT B Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), 1 hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the proposer in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.1 10(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A.I10(1). against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate Officer: By: Signature Print Name Title: Date: RFP - Climate and Energy Action Plan Page 23 of 29 EXHIBIT C - Contract for Climate and Energy Action Plan CITY OF CONSULTANT: -ASHLAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: COMPLETION DATE: COMPENSATION: SERVICES TO BE PROVIDED: ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services, (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made art of this RPP - Climate and Energy Action Plan Page 24 of 29 contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediate) cease all activities under this contract, unless expressly RFP - Climate and Energy Action Plan Page 25 of'29 directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement, institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City and/or an other or department of the State of Oregon) and the Consultant that arises from or RFP - Climate and Energy Action Plan Page 26 of 29 relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Non-appropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant. City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. RFP - Climate and Energy Action Plan Page 27 of 29 EXHIBIT C-A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) RFP - Climate and Energy Action Plan Page 28 of 29 CITY OP ASHLAND, OREGON EXHIBIT C-B City of Ashland LIVING WAGE =per how effective June 2015 PF (Increases annually every June 30 by t Consumer Price Index) ter or --C'ee-:,Cite_ Ord cc a- e) eIeI'at t-,e aaa er{e rC""fi y"C%ecl , e e- {,j+ee j { ~ r~.~ "d;{b'~ed ,i•de' a ~~ire`. fi t~j; 5- nf exceed! ~ ~~A~ 1 ' {4• t ^fi e7:, ,j1e' -=e raj t" hoi ~ , ni tv.fi .t- and rciAl {s' :re 3a r,C' 2 peicd Fu s acre 0. 7! {''Ked # ~'e-ew-e ,~eeta9~ { ■y3 ' {.'i . t -LtVe {LL * r era rIl fi {ajefi' Fcki. aene gee "d ti '_e. {eC.Ja:r e C~Cde e-_ ojee', r-e a- je -aj •~e ire :y _ .4' X i Y.C N-i a ==T'.1C. C. =eat:` {tom ,-e.' »•'r 3'1 ~i~ r 'Yt '~3 r 1 K~L ae to Ad~'ll 'i { « C 13 For additional information: 2 ~.as.' 4 :n tea. JPIt a P.d.. 0 97L .1 G' f S c.. tj +:C a 1.jy °,h a:-nartd ci,,. z . 43ti,-* b Emplgfra: T'is rx c.- mom: 'De a aln pia r-j' alas :jlwe tali te- {.eran r a rt cr eEs. C~rr 0F ASHLAND RFP - Climate and Energy Action Plan Page 29 of 29 O Y N - N N c^ N CC - V; C C t oc 10 N N N M N M vl C O CV N - N Gc C N O N c^ N ~ ~ ~ C N CC oc OC M n N C ~r ~L ^ ^ N c~1 - oo ^ ti O N .a N N N o ^ o C M ~ C O N 01 O O M _ x c N N N 7 N ~n CC C N ~ N N N ~ N ^vC " N N M o N N CA N oo In ~ rJ N N M N ~ ~ ;n _ ~ M M N ;n V1 M vl ~n M N M x N M N 'n~ oc V .n `n o0 N M M N M 7 OC. r x M N x '/'N M ~ V1 N ^ M i!} - Nl Vl ~ M V1 ~ O M N r N rt N oc v', v1 i ^I N 00 N V N ^ M M _ <f pC ~ OC OC o oc ~ N N M rte, N x v1 ~n _ C c-7 ~ M O G N ^ N N N N N ^ c^ ^ N _ M ^ M O C:, ry ^ O i.i ~ N N N M. N x In C M M N 'N v'n C N cc'' t . 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Gar i ~-~-U,~•-e-. ~ Name: Address: ' i 2 City of Ashland. proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs; 1 EC LA- C V---c> C) u,-~) +v\ c-::, Name Address, City of Ashland proposed new entry sighs The Public Art Commission would appreciate your written comments on the proposed new irity e0fry signs: ~ J BG~ }e ~ rl rs f l1 ( C~'~ e, v , I 2 .me: t 3 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs; 0/,V~ dJ- - Name; Address: CT OA v E {t 1 City of Ashland 'proposed new entry sighs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: Olt tv.LC5 III Name: A- 3 A _E J._ f ,ri . 1 i 4 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: & Y plyV Name: Address: R 1 Cx- i • I CitY of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new f City entry signs: I E - E E Lv (j Ic.. f f( Name, t ; • 4 Address: S 5 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: 0 ~_c. t.t Vic. f. . I Name, ~ L\- tip„ Address: 3 70 0~~ Z 10 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: I-Ole I I Name: fz~ 1~ ~l 5 i 6 1 1 i City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: ~ ~:C. 6~ I P s. rv 5o MO j U ~ Name: Address; 3 WO- wev s , i City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new. City entry signs: r r . i TI y v % v~0 I- 7'0 a L) 15) cmc67r, r -62 ..L- 1'j'l t/`~ Q1Ct.~ y~ t ~ ~!Gl~'It.~ -TU • , ~ ~.CcS .~j-2~r7 C!i"i~,~~r26~ . rU / ~ S l'Ke5 ~ d,5 X- Mje 7J UU~ Name: Address: 2--, k- ar r~ L~ e 1,k7 - s City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: r7~~ .J t,/r ~ f 17{/+` f i , (ff -yb IW12 Blame. Og e6-- v /J~ Address: )j City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: f ~ J Cam- . ~ ~ r r r1 f '9 Name: 54 , 7, /t4/k C Address: 8 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: Name: -N Address. City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: CM I A, Ct A- L~ CVIt Chu f > . CCy C a VkACk~-~ Y- 8 Name: Address: i 9 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: _1 ' (JLL 'Tke- Ct~ r-CAIN, C; V A-kc k)o,. aJeL Name: G~t~tf"I~ t Z f I Address:/,,/ City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: LAS Jr- des cox, i Name: 9 Address: i I 10 City of Ashland proposed new entry signs j The Public Art Commission would appreciate yotir written comments on the proposed new City entry signs: k t ~ i VVU.t. '4L b V V AV CrIr C-AAA Name; _ mx'Luu Address: i City of Ashland proposed new entry signs The Public Art Commission.would appreciate your written comments on the proposed new City entry signs: UAM 'We P-64;- 4- Nome', 10 Address: ~ ~ ~ 11 1 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: j1 I i BAWL . f • r ' i Name; _2 Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: I Name: Address: ~ ~ W II t. o I~ ~ 11 12 i City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: j V VC i ~ f e i - ke` C Name: Address: If ' :ssajppy 0 0 7 ~Y/p :auaeN p~ X14 mau posodoud aq. uo s. uawwoz) ua44!,Am jno% opr aaddb plnom uoissiwwo.? . ,Jv oilgnd aq-L su61s kj~ua Mau pas®d®dd puI)[4sV ~ O 40 12 13 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: G ✓M lG i I I Name: Address City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: L'i AA 9 co V),~ Co. Name: Address: " V 13 i 14 [ City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs. i eve YNO, ( t Name: V ~'1 r 00 Address: 2, o , n i I City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new . City entry signs: ii A-S M/ 0 t Name: ~+ur~. 0 Address: ?M 5 -,s 14 E i 15 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: W c' / ` t C t. I k (h.Ai v ^ • ~-h v"~ C.~~~f: •2e? \;.'a 1, j, 7 ( a~~..V ? t1(j 1 Name: Address: { C v[-+~.J City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new I City entry signs: I Name' 15 Address: c W,~ ' f 16 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: R -C, 4)t n AD hA CILI Name: Address: . 6 J~ Cpl r hl~ { i City of Ashland proposed new entry signs ' The Public Art Commission would appreciate your written comments on the proposed new City entry signs: OL %r- Name: 1 Address: 6 ~ I City ®f Ashland proposed new entry signs - 17 The Public Art Commission would appreciate your written comments on the proposed new i City entry signs: r, , I ~~•J'~ i W a` Name: Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: i E i all? C Name: r' 1 ?A Address. i 17 18 City of Ashland proposed new entry signs . i The Public Art Commission would appreciate your written comments on the proposed new i City entry signs, ~I , Name: Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: F CA_ c Name: lU t.~S U Address: 15-(L( U i V01+6--L._. 18 - I 19 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City err signs: c Lmjlj~ Name: Address: I City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: MiL.IG'au Jr~a~~C 1 v t~ ct a 1~ I f I i i I •y Name: Address-.. 19 i i E 20 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: `1 I i 1 Name: 1t• t? Z- 1-10? z Address: _ E City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: C ~ lam./ ~ ! I Name: E 20 Address: L i 21 I City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: I i Name:Lsn Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: vim Ve, c.) rN c-e - c l -3, S 5, j i - r - I i I . f I Name: .~Lv~~~pS i Address. k 21 I c E 22 City of Ashland proposed new entry sighs i The Public Art Commission would appreciate your written comments on the proposed new City entry signs: v i . i Name Address: . i I City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: ! I I I - i 4 i • i k i i , I I • i ' t ' i Name: pr ~,2~1n S Z-n O Address: 22 23 pity of Ashland proposed new entry signs - ' The Public Art Commission would appreciate your written comments on the proposed new .City entry signs: 1 C z1ke- vol-n Z O I I Nate: ~2_ CI ►~~e..- Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: ~j I ~ / nAA r S Name: f r 23 Address: [ I 24 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: S- v\ 4 i t 7 Name: I e 1 Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: l FO Cwt fE S l,~f s A,'v'<- YOU ~ a Name: 24 Address: / j (~~`FO-zom S F~ 1 25 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: 4o,/ t - Name: Address: City. of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: Vzr1 n_i/-.ice ~ 7, {1' I.. I Name: Address: 25 26 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new i City entry signs: j • E ~ '~i'~ ~r']~-~ ~ ~r~/t~l~ ~ , .7~_.E%.'L-C✓~~,rL~..C~~ ~!I✓~ ' L1'./~~1x-~J ° ~-~C.~/~~ /~~•/c_r<-'L~"~~' ~~~,.'v~-„'.~ ~ C~ ~rG'am' c~~` a~~'~~ v i i Name: kA It--) (q C-~ -TVA rj&i? 0~,,..~-" I Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: (4- V 2 Name: .~W l', ~--0~') ` Address: ~35 o-~9 aVA\M ry_ 26 27 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: { BSc &r' 0 AI&A- Name: Address: 5%~,eo-~ r City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: ~ t Pq i E I ,All t I • t Kit Name: ! Address: l 27 I 28 1 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: i i I Name: 111,_71, 4A I Address: City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: i Name: 28 Address: ?p)` 9 1 29 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: ' i f i t Name: C(kA() , Address: E t i City of Ashland proposed new entry signs I The Public Art Commission would appreciate your written comments on the proposed new City entry signs: 4() LAJ M'(L(jt' (A/~ L,10 LA// C . - E p. IkA I-ft Name. E Address:3 Iy~YJ~~ 29 f 30 I City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: :'l.t~•- , ~~~LGfJ r ~✓'~~i fYLQ..i ~Sr~ GL_.. 1~J/~. ~ ~J,~, i A I Name; SCz. S Address: d 4a-,r-"w) L-1k t City ®f Ashland proposed new entry sights The Public Art Commission would appreciate your written comments on the proposed new City entry signs: i I I i i.. f ` Name: t& LA I e i Address: A, f t S < 30 31 City of Ashland proposed new entry signs The Public Art Commission would appreciate your written comments on the proposed new City entry signs: I i - I '6' 1 / 8 Name; L--/, 1111711 Address: f I ' f j fS I i i i~ f 31 a+ X1 s, J o Lu~~~~ ll~Qll ~JA ( s -41 i er f jy3 r n k. z P 0. t~ GL boo ~~teJ`` "U J4~~~{7.Ntu >`1 32 i 33 d6 7 iJ2LG t IL 7i CL U j~~Gh 6~r G~ TO . E i a L.-s 2~ . ~ ~ 1 I I"ow dom. o q\j u ! r vm Sr~sz I --13o 9--o c c.)-, _ E E I E 33 I 34~ 1~ lip IVI-P f. Y j~ f A ~ Jerry' f G / r, ! I 11 YYY { T ll J1. r~ r 1 I o-. _ ~y L y ti r ~ j. i 34 35 I i k WA ` N 1 ~ I 1 _ ?J3 f I ~ I r ~ t zA-tp t~ _ ~ to 35 i 36 T~ M j I } t J ~ ~ -'1 i =i SAN. ERNST 0. C7 V4, PA r t J l I r _ n C r i f I 36 I I 37 3 I f i i i I i 37 Emails through Feb 9 John Williams AshlandJohng2mail.com Ashland Entry Signs Hello City Council, I'd like to summarize the input of roughly 65 people regarding the proposed Ashland entry signs from a Facebook page which asked the simple question: "What do you think about this potential new City logo and sign?" The image of the proposed entry sign at the North Main train trestle was provided from the City's websit e. Perhaps appropriately, 7 of the respondents were professional graphic designers. The general consensus liked the "rusted steel" hills background and the "OREGON" font, but the "Ashland" font with mixed upper and lower case and different baselines was generally hated (roughly 90% of comments). Personally, I share these sentiments. I'm particularly concerned to see the City exploring branding other than the current City logo. One of the cardinal rules of design is to not break your branding. If the City is adopting a completely different logo here that will be carried through all branding, I think this design is a colossal mistake. The intercapped "Ashland" lettering is representative of a whole genre of fonts referred to as "ransom note" fonts. They are designed to connote something which is haphazard, creepy, mentally ill, or disorganized; such a font seems wholly inappropriate for a well-loved, welcoming tourist town. At best, this font looks silly and childish. It's very professionally rendered, of course, so I'm strictly commenting on the design guidelines. The current City logo should be used on all signs without fail, unless the City is changing the City logo everywhere. Changing the branding of an entire City is a huge, expensive undertaking, which should only be done under exceptional conditions, and I hope that is not the road down which City Council is going. Some of the representative comments (and the author's affiliation in parentheses) include: --"As a designer, it breaks ever typography rule out there. As a brand guy, it doesn't represent our city well, and as a resident it feels dated already I vote to keep exploring. Environmental graphics should reflect and enhance." (Artistic Director at Harry and David) --"I would agree that the mixed font is not good. I often have to remind 6th graders when they should capitalize I think we should set a good example." (Ashland middle school teacher) --"I spe nd my day s teaching 1st graders to use upper and lower case letters correctly so this would drive me crazy." (Ashland elementary school teacher) --"The combination of staggered, upper and lowercase letters implies the city is not all that together and overly casual" (graphic designer) --"Also do not like the lettering style--it connotes "wacky" and slapdash rather than sophisticated. I mean we are quirky and all, but we aren't a 3rd rate circus." (downtown business owner) --"I think you could get a better, more sophisticated contrast between Ashland and the Oregon font without being boring." (graphic designer) --"The uneven lettering says crazy." (downtown business owner) --"This sign leads me to believe that the ones choosing our public profile may not have any real experience in design. It's truly astounding that an upper/lowercase mix would ever be considered for well, anything, really." (graphic designer) Thanks, John Williams 1 Amy Titus lahondahiker@gmail.com Entrance signs I think the sign designs are quite nice, but I don't care for the typeface. It looks dated already. Ashland should have something more classic and simple. From: Cathy Freeman Emai]Address: cathyfreeman@gmail.com Phone:5414821915 Subject: Entrance Signs Nature of Suggestion: Comments I would like an email response: no Message: I don't think the lettering on the proposed new Ashland entrance signs reflect our community. I'd rather see the Ashland logo you've been using previously. This new AsHLand looks unprofessional and inconsistent. Stick with the old logo. Joseph Fershtater jraf202OCgmail.com The entry signs are terrible. This is in regards to the Ashland entry signs. The proposed signs are boring and do not reflect our wonderful, colorful community. Please get community involvement in making decisions regarding this issue. Thank you, J.Fershtater Is there a way that Ashland residents can have input on the new signs that are being proposed? I would like to see other options these don't appeal to me and the others that I have shared it with. https://www.ashland.or.us/Page.asp?NavID=16943 My Best, Eric Lisa Catranides oshanac(a,gmail.com Welcome signage 1 am very uncomfortable with the mixing of upper and lowercase letters in the proposed new welcome signs that show the name of our town being spelled as "AshLaND". The first impression the sign makes is that we are generally an illiterate populace. Literacy includes an ability to spell correctly. In a town with a university, and the popular Shakes peare pro gram, literacy is held in high regard. Also, the trend of mixing upper and lower case letters went out of style in the 1990s. Please have the lettering fixed. Either make it all uppercase, or spell the name Ashland correctly. Thank you. 2 Zahara Solomon zaharasolomongp-mail.com Ashland entry signs Hello, Just wanted to express that I feel the city's choice of art & signage has been very poor & lacking! The new proposed signs look weird, creepy & very cookie cutter plastic. It looks like a neighborhood watch sign! I hope something wanner, classical & more creative is chosen. Really, across the board! We have architectural guideline s to hono r the historical nature of the town, why can't our art & signage reflect that too? We have very educated, cultured people visiting the college & OSF, this current design does not feel like it speaks to that. Greetings: I'd like to see the options considered for signage and am wondering if it's too late to submit another option for consideration? I went to Ashland art center last evening and seen the map for the proposed areas for signs, unfortunately I didn't realized the actually options were I. The class room in back. 1 was going to stop by today and called down to the center and found everything had been removed. Please let me know if: 1). I'm emailing the correct people involved 2) if not, could you email who I should call or email? 3). Is it possible to submit another idea? 4). Is it possible to still see the options? Much appreciated, Pamela 541-5255083 Text or call is an option Sent from my iPad Dear Ashland City Council, Please, please, please do not install entry signs that have a mixture of uppercase letters and lowercase letters. It may be cute or trendy, but it is poor typography that educators are constantly fighting. My kindergartners class has been learning correct letter-case writing for two months! Below is a link to a funny article that states you "look like your average drug addicted freak show" when mixing lettercase - I assume that is not the image that Ashland is trying to portray. https•//officeoddities wordpress com/2011/05/10/an-open-letter-to-people-that-use-a-peculiar-mix-of- upper-and-lower-case-letter-in-the-same-word/ There are a number of searches on the internet where it was asked if people that write like that have a learning disability - again, not the image Ashland wants to portray. Also, why is the Ashland Street sign square and unoriginal like the others with the mountains? The mountains that the sign reflects are present in the background of the Ashland Street image. The businesses on that end of Ashland already feel disenfranchised and do not get nearly the level of attention the downtown gets and a different sign shape (it looks cheaper) appears to further this sentiment. The entry signs should be timeless, classic, inviting, natural, a reflection of the communities beauty, and something that will last decades. The background achieves this but the letter-case presented do not. 3 Thank you for your consideration and your service. Sincerely, Amy Gunter Amy Gunter Rogue Planning and Development Services 1424 S Ivy Street Medford, OR 97501 541-951-4020 www.rogueplannin-R.com David Brennan davebgmind.net Proposed Entry Signs Dear City Council, Thanks for the opportunity to comment on the proposed design for the three new entry signs to Ashland. I have two comments: 1) The general design is fine, but the lettering style used for "Ashland" is horrible! The jumbled, uneven font is jarring and discordant. It is inconsistent with the scene of mountains and vege tation on the rest of the sign. It looks amateurish. Please DO NOT APPROVE the design as is - the lettering must be changed. 2) The silhouette of a man on the left side of the sign is an element that could open a can of worms. I get the idea of a person interacting the with mountain/vegetation elements, and with the word "Ashland". I think that captures a big part of what we value here. However, be prepared for objections of the design not being equitable and inclusive for other genders, children, different races, different sexual identities, etc. I can support the silhouette design, but wanted to point out this potential problem. I've copied this e-mail to the Public Arts Commission. Yours, Dave Brennan 495 Poplar Place Ashland David Brennan daveb2mind.net Additional Comment on Proposed Entry Sign Dear City Council, I forgot to include one comment in my earlier e-mail about the proposed entry signs. I like the backdrop of mountains show on two of the signs, but notice it's missing from the East Entrance/Exit 14 sign. I'd like to see it included on all three signs, so that we present a consistent message and capture the importan t element of mountains in our town. Thank you, Dave Brennan 495 Poplar Place 4 _ . . George Kramer george@preserveoregon.com 8-February-2016 RE: Entry Signs, 16-Feb-2016 Agenda Mayor Stromberg and Members of the Council, Since once again the Council is being asked to approve a recommendation from the Public Arts Commission developed with limited public input (one opportunity during First Friday and then immediately to Council for approval), I thought I would weigh in on both the good and the bad of the proposed entry sign designs. First, the existing signs are truly horrible and virtually anything would be an improvement. I think the selected materials of the proposed designs are durable and the scale is about right for the intended use. I don't know why Ashland keeps spending money on things like this but suppose that you have convinced yourself that we have these funds and so be it. I do not understand the logic behind the three designs presented, there is no explanatory material on the website, and so in complete ignorance nevertheless recommend that you standardize all three installations on one or the other of the sculpted top versions. The flat top is too boxy and looks incomplete. The stainless individual lettering is nice and, if made secure, will be quite readable, which is often an issue with these things. I recommend we avoid being artsy or cute or whatever is driving the design toward the use of mixed fonts and caps/lower case for the word AsHIAnD. It is hard to read and amateurish. I have already seen the proposed font referred to as "Serial Killer" and I entirely agree with the public comments that it will not wear well over time. Pick a single font and stick with it. I fail to understand why "Oregon" is needed at all, it seems self-evident, but keep it if you must. I also would recommend including "Welcome to" as part of the sign text. It seems to be an integral element in the very concept and since I expect you are paying for this using TOT money ought these signs not explicitly welcome our tourists and visitors? Aren't' they the audience? I would hope that those of us that still live in Ashland actually know where we are without being told so, but if the intent is to simply mark the location (You are here!) then at least be a little creative and use a yellow GoogleEarth thumbtack or something. My larger issue with this project is that once again PAC has decided what it wanted and given the public either one choice to comment upon or at best three versions of what is essentially one design. This is just not acceptable. The public process again is limited, and rushed. Why? I wonder what other designs or designers were considered and tossed out long before anyone but the PAC had a chance to review them. If you have actually given them all of this authority and told them to ignore the public, then change your approach. PUBLIC ART is always improved when it actually involves and engages the public. LOTS of the public. Ashland's public art process seems to almost go out its way to make sure the public only has input after the major decisions have been made. In this case the public has essentially been asked which of these three designs (which we have pre- vetted and made sure ALL have the same type style, same material and same content) do you like best? We all know how well this approach has worked in the past, don't we? This is not the conversation that a good PUBLIC art process cries out for. Why do you allow this to continue? Even the comment period on these tolerable entry signs could have been easily improved by allowing the models to be on display for more time, at the public library or any number of places where people who just happened to be busy on First Friday might have had a chance to weigh in. Our public art process is a broken system that will continue to create issues until you fix it. You should do so. Sincerely, George Kramer i 386 North Laurel, Ashland, Oregon 97520 OTHER BUSINESS FROM COUNCIL MEMBERS: None. ADJOURNMENT: The meeting adjourned at 11:56 P.M. to Executive Session on December 8, 1992 at 7:30 P.M. in the Civic Center Conference Room, 1175 E. Main, to consider evaluations of the City Attorney and City Administrator. '7 Nan E. ran lin Catherine M. Golden City Recorder Mayor (d:\min\12-1-92) Regular Meeting - Ashland City Council - November 3, 1992 - P. 5 CITY OF ASHLAND Council Communication February 16, 2016, Business Meeting Second Reading of An Ordinance Establishing a Tax on the Sale of Marijuana and Marijuana-infused products in the City of Ashland and Referring Said Tax to the Voters of Ashland in the November 8, 2016, General Election FROM: Dave Kanner, city administrator, dave.kanner@ashland.onus SUMMARY State law allows cities and counties to charge a local sales tax of up to 3% on the sale of marijuana and marijuana infused products at OLCC-licensed retail outlets within their jurisdiction. This ordinance imposes such a tax and refers the ordinance to the voters of Ashland in the November 8, 2016, general election, as required by state law. BACKGROUND AND POLICY IMPLICATIONS: Oregon voters legalized the sale of recreational marijuana via ballot measure 91 in the November 2014 election. Even prior to the election, the City of Ashland had enacted an ordinance imposing a tax on the sale of recreational marijuana in the City with the hope and expectation that the tax would be grandfathered in if the measure passed, even though the measure prohibited the adoption of such taxes. However, the 2015 session of the Oregon Legislature adopted house Bill 3400 to create the statutes that enact the ballot measure. That legislation explicitly precluded a local tax such as Ashland's. Subsequent legislation, HB 2041, allows cities and counties to impose a local sales tax on recreational marijuana in an amount not to exceed 3%, providing that such a tax is approved by local voters in a general election. The ordinance approved by the Council in the summer of 2014 authorizes such a tax and stipulates that the rate of the tax will be approved by Council resolution. The ordinance now before the Council simply amends the existing ordinance to stipulate that the tax rate will be 3%. The ordinance also removes language from our existing code regarding medical marijuana., This language is unnecessary inasmuch as the Council removed from Ordinance No. 3103 (which imposed the tax) the tax on medical marijuana that was in the original version of the ordinance. Finally, the ordinance contains a referral clause so it does not become effective unless approved by Ashland voters in the November 2016 general election. A resolution to adopt the ballot language and effect the referral will be brought to the Council at a future meeting. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: It is unknown and difficult to determine how much might be raised by a 3% tax on retail marijuana Page I of 2 1., Wr CITY OF ASHLAND sales, since it is nearly impossible to predict what prices will be charged and what volume will be sold in Ashland. A straight-line, population-based extrapolation of Legislative Revenue Office estimates for state marijuana tax collection in FY 2018 would indicate that a 3% sales tax in Ashland could raise $20,000 to $30,000 annually. (The LRO also postulates that tourism could have a significant effect on marijuana revenues, which could be especially true in Ashland, with its tourism-based economy.) Again, given the large number of unknowable variables, these numbers should not be relied upon for fiscal planning purposes. We will not know how much could be raised by a marijuana tax until/unless the City starts collecting it. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the marijuana taxation ordinance. SUGGESTED MOTION: I move approval on second reading by title only of an ordinance establishing a tax on the sale of marijuana and marijuana-infused products in the City of Ashland and referring said tax to the voters of Ashland in the November 8, 2016 general election. ATTACHMENTS: Ordinance Page 2 of 2 11m` ORDINANCE NO. AN ORDINANCE ESTABLISHING A TAX ON THE SALE OF MARIJUANA AND MARIJUANA-INFUSED PRODUCTS IN THE CITY OF ASHLAND AND REFERRING SAID TAX TO THE VOTERS OF ASHLAND IN THE NOVEMBER 8, 2016 GENERAL ELECTION Annotated to show deletions and additions to the code sections being modified. Deletions are bold fined through and additions are bold underlined. WHEREAS, Article 2, Section I 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 this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City desires to tax the retail sale of marijuana and marijuana-infused products within the City. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Title 4 Revenue and Finance of the Ashland Municipal Code, "Tax on Sale of Marijuana and Marijuana Infused Products," is hereby amended as follows: Section 4.38.010 Purpose For the purposes of this Chapter, every person who sells marijuana, medieft! or marijuana-infused products under a license granted by the Oregon Liquor Control Commission for such purpose in the City of Ashland is exercising a taxable privilege. The purpose of this Chapter is to impose a tax upon the retail sale of marijuana, medical and marijuana-infused products. Section 4.38.020 Definitions When not clearly otherwise indicated by the context, the following words and phrases as used in this chapter shall have the following meanings: A. "Director" means the Director of Finance for the City of Ashland or his/her designee. B. "Gross Taxable Sales" means the total amount received in money, credits, property or other consideration from sales of marijuana, medieal and marijuana-infused products that is subject to the tax imposed by this chapter. C. "Marijuana" means all parts of the plant of the Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be Ordinance No. Page I of 7 defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Oregon » means the offiee within the Oregon Health azFthority hat administers theprovisions of ORS 475.300 through 475.346, the Oregon Aledie l Marijuana A e ---1 -11 poheies and proeedures pertaining theire 7 ' ED."Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or any group or combination acting as a unit, including the United States of America, the State of Oregon and any political subdivision thereof, or the manager, lessee, agent, servant, officer or employee of any of them. EE."Purchase or Sale" means the acquisition or furnishing for consideration by any person of marijuana within the City. G. "Regist" identifieati-on eardholder" means a person who has been diagnosed by an ll-e-1 eondition and for whom the use-Of attending physieia" with a debilitating edi al r.n may mitigate the symptoms or effeets of the per-son's debilitating Il t. Oregon Health Authority. HF."Retail sale" and "retail selling" means the any transfers of goods of sefviees in exchange f6f any vall a'-' eensi tie.n exchanIze, lZift or barter of a marijuana item by any person to a consumer. fG. "Seller" means any person who is required to be licensed or has been licensed by the Mate of Oregon Liquor Control Commission to provide marijuana or marijuana- infused products to purchasers for money, credit, property or other consideration. JH."Tax" means either the tax payable by the seller or the aggregate amount of taxes due from a seller during the period for which the seller is required to report collections under this chapter. M. "Taxpayer" means any person obligated to account to the Finance Director for taxes collected or to be collected, or from whom a tax is due, under the terms of this chapter. Section 4.38.030 Levy of Tax A. There is hereby levied and shall be paid a tax by every seller exercising the taxable privilege of retail selling marijuana and marijuana-infused products as defined in this chapter. B. The amount of tax levied shall be established by ^ City Conned resolut:^n is as follows: 1) Three percent (3%) of the Gross sale amount paid to the seller of marijuana and marijuana-infused products by individuals who purchase marijuana and marijuana-infused products from the seller. Section 4.38.040 Deductions The following deductions shall be allowed against sales received by the seller providing marijuana: Ordinance No. Page 2 of 7 A. Refunds of sales actually returned to any purchaser; B. Any adjustments in sales which amount to a refund to a purchaser, providing such adjustment pertains to the actual sale of marijuana or marijuana-infused products and does not include any adjustments for other services furnished by a seller. Section 4.38.050 Seller Responsible for Payment of Tax A. Every seller shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January) make a return to the Director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. The seller may request or the Director may establish shorter reporting periods for any seller if the seller or Director deems it necessary in order to insure collection of the tax and the Director may require further information in the return relevant to payment of the tax. A return shall not be considered filed until it is actually received by the Director. B. At the time the return is filed, the full amount of the tax collected shall be remitted to the Director. Payments received by the Director for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions that are not prejudicial to the interest of the City. A condition considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. C. Non-designated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. If the Director, in his or her sole discretion, determines that an alternative order of payment application would be in the best interest of the City in a particular tax or factual situation, the Director may order such a change. The Director may establish shorter reporting periods for any seller if the Director deems it necessary in order to insure collection of the tax. The Director also may require additional information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by sellers pursuant to this chapter shall be held in trust for the account of the City until payment is made to the Director. A separate trust bank account is not required in order to comply with this provision. D. Every seller required to remit the tax imposed in this chapter shall be entitled to retain five percent (5%) of all taxes due to defray the costs of bookkeeping and remittance. E. Every seller must keep and preserve in an accounting format established by the Director records of all sales made by the dispensary and such other books or accounts as may be required by the Director. Every seller must keep and preserve for a period of three (3) years all such books, invoices and other records. The Director shall have the right to inspect all such records at all reasonable times. Section 4.38.060 Penalties and Interest A. Any seller who fails to remit any portion of any tax imposed by this chapter within the time required shall pay a penalty of ten percent (10%) of the amount of the tax, in addition to the amount of the tax. Ordinance No. Page 3 of 7 B. Any seller who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the penalty first imposed. C. If the Director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any seller who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent (I%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed, and such interest as accrues under the provisions of this section, shall become a part of the tax required to be paid. F. Notwithstanding subsection AMC 4.34.020.C, all sums collected pursuant to the penalty provisions in paragraphs A and C of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. G. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045D. Section 4.38.070 Failure to Report and Remit Tax - Determination of Tax by Director If any seller should fail to make, within the time provided in this chapter, any report of the tax required by this chapter, the Director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the Director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any seller, the Director shall proceed to determine and assess against such seller the tax, interest and penalties provided for by this chapter. In case such determination is made, the Director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the seller so assessed at the last known place of address. Such seller may make an appeal of such determination as provided in section 4.34.080. If no appeal is filed, the Director's determination is final and the amount thereby is immediately due and payable. Section 4.38.080 Appeal Any seller aggrieved by any decision of the Director with respect to the amount of such tax, interest and penalties, if any, may appeal pursuant to the Administrative Appeals Process in AMC 2.30.020, except that the appeal shall be filed within 30 days of the serving or mailing of the determination of tax due. The hearings officer shall hear and consider any records and evidence presented bearing upon the Director's determination of amount due, and make findings affirming, reversing or modifying the determination. The findings of the hearings officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. Ordinance No. Page 4 of 7 Section 4.38.090 Refunds A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Director within one year of the date of payment. The claim shall be on forms furnished by the Director. B. The Director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The Director shall notify the claimant in writing of the Director's determination. Such notice shall be mailed to the address provided by claimant on the claim form. In the event a claim is determined by the Director to be a valid claim, in a manner prescribed by the Director a seller may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously collected or received. The seller shall notify Director of claimant's choice no later than 15 days following the date Director mailed the determination. In the event claimant has not notified the Director of claimant's choice within the 15 day period and the seller is still in business, a credit will be granted against the tax liability for the next reporting period. If the seller is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the Director acknowledged the validity of the claim. SECTION 4.38.100 Actions to Collect Any tax required to be paid by any seller under the provisions of this chapter shall be deemed a debt owed by the seller to the City. Any such tax collected by a seller which has not been paid to the City shall be deemed a debt owed by the seller to the City. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars ($50.00) or fifty percent (50%) of the outstanding tax, penalties and interest owing. Section 4.38.110 Violation Infractions A. All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter for any seller or other person to: 1) Fail or refuse to comply as required herein; 2) Fail or refuse to furnish any return required to be made; 3) Fail or refuse to permit inspection of records; 4) Fail or refuse to furnish a supplemental return or other data required by the Director; 5) Render a false or fraudulent return or claim; or 6) Fail, refuse or neglect to remit the tax to the city by the due date. Ordinance No. Page 5 of 7 B. Violation of subsections 1, 2, 3, 4 and 6 shall be considered a Class I violation. Filing a false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies provided by this section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges wider state law or City ordinance. Section 4.38.120 Confidentiality Except as otherwise required by law. it shall be unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of this chapter. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who is operating a licensed establishment from which marijuana is sold or provided; or 13. The disclosure of general statistics in a form which would not reveal an individual seller's financial information; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the Director or an appeal from the Director for amount due the City under this chapter; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or E. The disclosure of records related to a business' failure to report and remit the tax when the report or tax is in arrears for over six months or the tax exceeds five thousand dollars ($5,000). The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). Section 4.38.130 Audit of Books, Records or Persons The City, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by the City for that purpose, any books, papers, records, or memoranda, including copies of seller's state and federal income tax return, bearing upon the matter of the seller's tax return. All books, invoices, accounts and other records shall be made available within the City limits and be open at any time during regular business hours for examination by the Director or an authorized agent of the Director. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the Director may immediately seek a subpoena from the Ashland Municipal Court to require that the taxpayer or a representative of the taxpayer attend a hearing or produce any such books, accounts and records for examination. Section 4.38.140 Forms and Regulations A. The Director is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said medieal marijuana tax and in particular and without limiting the general language of this chapter, to provide for: 1) A form of report on sales and purchases to be supplied to all vendors; Ordinance No. Page 6 of 7 2) The records which sellers providing marijuana and marijuana-infused products are to keep concerning the tax imposed by this chapter. 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. Savings. Notwithstanding any amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 5. Pursuant to Resolution No. 2016- , the Ashland City Council has referred this ordinance to the voters for approval at the general election of November 8, 2016. Accordingly this ordinance shall not be effective unless and until approved by the voters of the City of Ashland and following the official acceptance of the canvas of votes. 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 , 2016, and duly PASSED and ADOPTED this day of 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of - , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 7 of 7 CITY OF ASHLAND Council Communication February 16, 2016, Business meeting First Reading of an Ordinance Amending Chapters 10.68.400 and 11.08 and Replacing Chapters 11.24,11.28, 11.32, 11.34 And 11.36 With New Chapter 11.26 To Update and Unify Parking Regulations and To Authorize City Council To Establish Presumptive Parking Violation Fines By Resolution FROM: David 14. Lohman, City Attorney, Iohmand a ashland.or.us Lee Tuneberg, Administrative Services Director, tuneberl@ashland.or.us SUMMARY: This agenda item is the first reading of an ordinance the Council identified as a priority in its January 5, 2015, study session discussion of potential updates to the Ashland Municipal Code. Passage of this proposed ordinance would (1) clarify that responsibility for setting parking fines is reserved for the Council; (2) authorize the setting of base (presumptive) parking fines by resolution; and (3) distinguish presumptive fines for parking violations from penalties for multiple parking violations, from enhanced penalties for ignoring parking tickets, and from the current parking fine surcharge. BACKGROUND AND POLICY IMPLICATIONS: The current municipal code sets forth in Sections 11.24.100, 11.28.110A and 11.28.120 specific dollar amounts for penalties for multiple parking violations, for enhanced penalties for ignoring parking tickets, and for a parking fine surcharge. Current code also specifically authorizes impoundment, immobilization by parking boot, and towing as means for dealing with parking violations. But current code does not set the amounts for simple, one-time parking violations and does not state who has responsibility for setting those amounts. The current $7 fine for a simple overtime parking violation (to which is added a $4 parking surcharge for parking improvements) apparently was established by a former municipal court judge more than 30 years ago. In order to set the stage for Council consideration of a resolution updating the fines for parking violations, staff recommends the attached ordinance amendment. The proposed ordinance amendment would allow the presumptive fines for parking violations to be set by Council resolution. Including parking fines in the master fee schedule approved by resolution annually would encourage regular review of the appropriateness of the amount established for the presumptive fines. The other parking violation penalties already set by ordinance would not be affected by this amendment. By cross-referencing other relevant AMC provisions on penalties related to parking citations, the proposed amendment would also make clear that those penalties are all independent of the presumptive fines for single parking violations and are subject to their own distinct provisions in the Ashland Municipal Code. Page 1 of 2 Fr CITY OF -ASHLAND The proposed amendment would retain current code language imposing a $50 dollar penalty on each violation in excess of four violations in any calendar year. This provision has been in effect for a number of years but in recent years has not been rigorously observed. The proposed amendment also adds the phrase "in one calendar year" to the table already contained in current AMC 11.28.110A. This addition is to make the timefiame in the table clearly consistent with the timefiame in the immediately preceding text. The ordinance amendment proposed for first reading is the same version that was sent to you February 2, which is the same as the version sent to you for the January 5t" meeting, except that minor revisions have been made to proposed sections 11.26.020 (13) and (14)(d)(e), and 11.26.120(2)(a). COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Passage of the ordinance amendment is likely to result in a modest increase in Ashland Municipal Court revenues from parking fines, although the expected primary benefit will be a reduction in parking violations, especially in the downtown area. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this ordinance. SUGGESTED MOTION: I move to approve first reading by title only of an ordinance titled, "An Ordinance Amending Chapters 10.68.400 and 11.08 and Replacing Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 with New Chapter 11.26 to Update and Unify Parking Regulations and to Authorize City Council to Establish Presumptive Parking Violation Fines by Resolution." [with the following changes...] and move the ordinance on to second reading. ATTACHMENTS: Proposed Ordinance Page 2 of 2 1r AN ORDINANCE AMENDING CHAPTERS 10.68.400 AND 11.08 AND REPLACING CHAPTERS 11.24, 11.289 11.329 11.34 AND 11.36 WITH NEW CHAPTER 11.26 TO UPDATE AND UNIFY PARKING REGULATIONS AND TO AUTHORIZE CITY COUNCIL TO ESTABLISH PRESUMPTIVE PARKING VIOLATION FINES BY RESOLUTION Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throtto and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, over a period of years, the City of Ashland has adopted parking ordinances in multiple chapters of the Municipal Code, some of which now seem redundant, incongruous, or difficult to decipher; WHEREAS, penalties for violations of various parking-related regulations currently exist in un- reconciled multiple chapters of the Ashland Municipal Code and penalties for one-time parking violations are not expressly addressed in the Code; WHEREAS, establishing parking violation penalties by ordinance restricts the flexibility of City Council to readily modify penalties as circumstances change; and WHEREAS, City Council has the authority to determine the amount of a presumptive fine for each type of parking violation and can exercise that authority in an expeditious manner by resolution. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.08 Definitions is hereby amended to revise or add provisions as set forth below: Section 11.08.010 Definitions - Generally in addition to these definitions eonlained in the adepied seetions of the fflotof vehiele laws of meaning, afe defined as fellevvs in this eha Except where the context clearly indicates a different meaning, the words and phrases in this Title 11 have the meanings ascribed to them in the following sources and, in the event of differing definitions of particular words Ordinance No. Page 1 of 21 or phrases, in the following order of priority: (1) the motor vehicle laws of Oregon; (2) this Section 11.08.010; or (3) common usage. Seetion 11.08.0 A. "Block" means Aa segment of street bounded by consecutive cross streets or intersecting streets or land designated as a block on any recorded subdivision map. Notwithstanding the above, for purposes of Chapteir 14.24 a bloeli shall also nelude In addition, "block" also means the Plaza area bounded by and including, East Main Street, North Main Street, and Winbu-n Way. For purposes of this definition, an alley is not a street. B. "Block Face" means one side of a particular block, but not the opposite side. C. "In Front of or Contiguous to" means the right of way directly in front of and on the same side of the street of the real property of the vehicle owner or the owner's designee and also includes 22 feet in any direction from the point where the lot line of such real property intersects the right of way. "Contiguous to" also means in the nearest parking bay in the night-of-way in either direction and on either side of the street from the real property of the vehicle owner or the owner's designee. 1. "Owner's designee" means that person responsible for placement, or allowing for or assisting in the placement of the subject vehicle. D. "Official or Officially" means established by the City, state, or federal government or its designee acting to create, authorize or permit according to its lawful authority; E "Owner or Owner of a Vehicle" means the person listed as the owner of a vehicle in the records of a state department of transportation. F. "Oversized Vehicle" means any vehicle, whether motorized or non-motorized, that exceeds 22 feet in length, or 94 inches in width or 92 inches in height. Any extension caused by any accessory, with the exception of side view mirrors, trailer hitches or roof racks, attached to such vehicle shall be considered part of the measured distance. As used in Title 11, the term "oversized vehicle" includes all buses, tractors, semi-trailers, motor coaches, trailers, campers, camper-trailers, house-cars, trailer coaches, trailer houses, motor homes, boats horse trailers, mobile homes, utility trailers, and other equipment or machinery, or other recreational vehicles regardless of width, length or height. As used in Title 11, the term "oversized vehicle" excludes automobiles, pickup trucks, sport utility vehicles and passenger vans that would not exceed 92 inches in height but for aftermarket suspension system modifications or oversized tires. G. "Parking Violation" means violation of any parking prohibition, limitation or regulation of the City of Ashland or the State of Oregon. H. "Personal Vehicle" means a vehicle other than a Commercial Vehicle as defined under ORS 801.210. 1. "Rental or Leasing Company" has the same definition as defined in ORS 221.275. Ordinance No. Page 2 of 21 J "Vehicle" means any device, or substantial component thereof , that is propelled or powered by any means in, upon, or by which a person or property is or may be transported upon a public highway, includinIz trailers and campers. SECTION 2. Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 are hereby repealed in their entirety as shown below in order to be replaced and restated in a consolidated, revised version in new Chapter 11.26 set forth in Section 3 hereunder: ,impter-11.24 PARKING REGULATIONS SECTION 11.24.040 Method of parkin A. No per-son shall stand or park .,ehiele in a yet VTthan parallel with the edge of roadway, headed in the direetion of lawful ZfTIemovement, and with ~eurbsid wheels of the hiel within twelve (12) inehes of the edge of the eurb, exeept where the street is marked or signed for angle parking. } et, no person shall stand or park a unless the vehiele other than at the indieated direetion and within a single mar-lied 1 size or shape of the Vehiele makes eomplianee impossible. C. if the owner or driver of a vehiele diseovers that the vehiele is parked immediately in he shall summoned, front of or elose to a building to whieh the fire department has been immediately remove the vehiele from the area unless othemise direeted by poliee or fire- effieers. SECTION 11.24.015 Itlehiele Defined As used in the Ashland Alunieipal Code, the term -c Mile shall •nel■ d the terms tr iler and eamper. SECTION • • Prohibited parking in addition to the p- A the motor vehiele laws of Oregon prohibiting parking, no per-son shall park: A. A vehiele upon a bridge, viaduet, or other elevated strueture used as a street or- within. a street tunnel in City, thiI twenty (20) eonseeutive minutes in any two (2) hour perio4;- C A l,• 1 street for the pr_ineip l purpose f. la.al~cal vi. 1. Displaying thevehiele for sale; • Washing, > when `o author. ed or fiee d ■ d the ordinnnee of this City. D. authorized; Ordinance No. Page 3 of 21 of the private property; authorized Fe prope F. A vehiele within any, area marked off by, yellow paint upon the street or upon th-e 1557 S13, 49 G. A vehiele or any, part thereof upon a sidewalk or bieyele Path. (Ord. 4971 S!, 1978) with •th 11 its H. Or Stand. or- SL a firueli oir bus on a + + or • n publie parking area its turned ' if sueh engine emits exhaust fumes into the air. Vehiele engines shall ,e off whe11-loading -and unIV ll passengers ding s 'I"s "+i a shall not alnTInlyr 4o--.- An e ting for less than five minutes. 1. 7• f Qll ~ll A Mile in the moyin : frnffin lane Nya-Ain.~l/ move to with the normal flow of tra•ffin 2. An engine nee( to HpErat~ equipmen ° to load or unload merehandise, 111lliVll 4.-1 ueiis under 12,000 GNINI and buses with nnrra na~nnnity of fifteen pass ngers 0.- less, o and ■ lnstr..n+r crrr • o ln~ca*Yfn - . ~ ~ > utility, > frrrsr-rsiaZ-~trcrrairi~`r'crlehi i~rj-c-rrc ,nrl must r n to perform needed STC-I-I~C7'T 9. V'30 Use of loading zon- No per-son shall stop, stand, or pam a vehiele for any, puirpose or length of time other th for the expeditious unloading and deliveFy, or piekup and loading of materials, freight, or pass - it pinee designated as a loading zone during the hours when the provisions applieable to loading zones aire in effeet. in no ease shall the stop for loading and unloading +na the loading or unloading of of passengers and personatbaggage exeeed five materials n e fifteen (1 15~ minutes. SECTION 1 1•2 • I 040 1 Ton of na ssenger lVLLU111nning GV11V No per-son shall stop, stand, or park a vehiele foF any purpose or- length of time other- th loading zone during the hours when th ts applieable to passenger loading zones are t in Tr~ 1" n f feefti4T SECTION Generally, The driver of a bus oir taxieab shall not stand or park the vehiele upon a street in a business 1 respeetively, a sion shall not prevent the driver of a taxieab from temporarily, stopping for the purpose- of and while aetually engaged in the loading or unloading of passengers-.- SECTION 11.24.060 Buses Taxieabs Restrieted stand use No per-son shall stop, stand, or park a vehiele otheir than a bus in a bus stand or other than taxieab in a taxieab stand, exeept that the driver of a passenger vehiele may temporarily, stop for the purpose of and while aetually, engaged in loading or unloading passengers when th-e stopping does not interfere with a bus or taxieab waiting to enter or about to enter the zo SECTION 11.24.070 Mo ing yehiele Ordinance No. Page 4 of 21 if a vehiele is moved and re parked within the same bloeli, as defined by AAIC 11.08.080, th-e time period shall eontinue to run. SECTION 11.24.090 Exemption The . of Chapters 11.2 and 11.28 regulating the parking or standing o l'• ~ s shall not apply to a vehiele of a State Ageney, City department or publie utility neeessairily v~ 1 ~ - `v'C'~1£~~\~rci ■th i a ~a -o~cc \nnnl4lrzcr- 7 • for ■ Permit for Wive",, C r-~}3~~ttC~1 work, - rIl~rJ Maintenanee or Construetion or to avehiele owned b~, the United States while in use for th-e eolleetion, transportation, or delive", of the United States mail SECTION 11.24.095 Speeial Permit for y A. Loading and unloading of vehieles shall be permitted as provided in t Ashia"d Munieipal Code. ~itl A !'Sdministrator, designee, or ♦111 is h %1.11 B. A Speeial Permit may be granted b~, the City substantial evidenee is submitted that demonstrates that an exemption from the two or four hour time limits for parking is necessary based on the size or eomplexity of a delivery or for the safe and convenient plaeement of eonstruetion, rep C. The Speeial Permit must be prominentl~, displayed in the vehiele while parked in the shall Hn from nsTtr eted parking area. Vehinles displaying the Cnnnial Permit ~ Jll+ lfill be exempt it from TL~,~~ 4 'Q 1 the provisions but f Seetion 11.24,-Z •+IIIid 11.28 ~rCe1•, „_rir+g two four hour parkin rr limitations, livut mus all other tra~~~e and ` spa king nir.lzgula ions, innludin_Q loading zone parking time limits. SECTION 11.24.100 rnlleetions; Enhaneed Penalties. > > ApI`iiuio The Munieipal judge or City eonfiraeted parking enforeement-provider is authorized to of the penalty provided for sueh violations. The penalties for par-kingviolations as provided in the Ashland Munieipal Code shall be enhaneed in eneh ease when the defendant fails to appear or post bail within the time required b~, the eitation as foliows: late A. When the defendant fails to appear or nest hail within ten (40) days of the due date -CI C{~J of the UUI~ theireof, the penalty shall inerense b , Ten Dollars (SIO.00). B. When the defendant fails to appear of! post bailwithin thirty (30) days of the due date theireof, the penalty shall inerease by Thirty Dollars (S30.00)-. When the defendant falls to annnnr or past hall within fifty (50) days of the e Mlle date C. . \AJ due uu1a. thereof, the p alter, shall inerease by Tifti, Dollars (S50.00)-. A defendant,"'ho fails to appear or post bailwithin the ti ed by the parking eitation or penalty enhaneement waives any objeetion, and eontest or appeal the initial Ordinance No. Page 5 of 21 enhaneements that have not been paid to the eontr-neted parking enforeement provider- shall. be deemed a debt owed by the defendant to the eity. Any person that eontillues to owe Money to the eity for more than 50 days under the p i i of this ehapteir may be submitted to a •t provider. Not-withstan ding any other-remedly provided in this > immobilization, ineluding to"i > a de judgment may be taken by the Court following any to appear or penalty, enha"eement. 11 the matter refenre1l to eolleeti ll ll nlr ll.+ ZIgLl14;'. X I IL PMAAAn- rig It 1 2(1 it A Vc Tieliet eost x1111° SIOMO 21 cn DAYS Tieliet eost plus $30-.00 This Ttable es 1 of inel'ude tl the multiple tieliet penalties under AMC 11.28.110, surehar-ges or other fees authorized under this ehapteir. Chapter .2Q RESTRICTED PARKING AREAS SECTION 11.28.010 Parking time limits Parking time limits shall be established by, traffie regulations promulgated and published by 11 'l-fila 11-20. the City, Administrator as authorized in seetion .1 SECTION 11.28. III 020 Tire MarIIl`11g J No per-son shall obliterate or eoneeal any, marlungs by-A poliee offieer, eode eomplianee o (1~.. ■ parking offieer of the fire of a vehiele for the lose of preventing tY1e poliee ef?eer, 1lA eomplianee or parking offieer &om determining the length of time that said 'Vehiele has been par-lied. Tire markings is a Class IN' violation. SECTION 11.28.0-50 Effeetive hours The parking regulations deseribed in Seetion 11.28.060 are in effeet between the hours o 8!30 a.m. and 5230 p.m. eve", day exeept Sundays and other- legal holidays. l, I.VUIc>G`CTION 11.24.060 City Parking-Lot Parking in the parking lot owned by, the City immedifitely adjaeent to the publie 7 whieh is on the southwest eorner- of Cresham Street and East Main Street, is limited to two .-SECTION 11 74 070 Parking on one aide Vehiele parking prohibit' e side only, as defined and provided by Chapter • , shall be imposed on the folio-wing streets: Ordinance No. Page 6 of 21 East side of Wightman Stireet from Siskiyou to NAlebsteir; west side of Biridge, Mountain-, Aven, and Garfield, from Siskiyou to lowa; west side of Palm from end of existing time li to A sh!aHd Street; Street; parking near Siskiyou to lowa;west side of Glenwood Wive from Pleasant west side of Elkadeir &om Fern to Ashimid Streets; and the south side of Lee Exeept where, by, appropriate signs or marking as provided for iii Chapter- • 7 the restrietions are designated othenvis-e, SECTION 1 1 .74.075 P`I" ling on both sides `7ehiele parking prohibitions on both sides of street, ~ defined and provided b Chapa~.ter wvrlr ~ca~ vl the o a 11.2 4, shall be imposed on the folio-wing sta• l~eets J. _TII lal l.a• A. Fast Alain between Lithia Mlay-mid the Southern Paeffie Railway ]right of ; Street B. Winburn Way, from the bandshell to the upper dueli p marking as provided ft)f- in Chapter 11.24, flail Exeept where, by, appropriat restrictions a ire designated othet-wise SECTION 1 1 .74.040 P.Il king Violation Prohibitio n A parkingviolation is aviolation of any parking prohibitioti, limitation or regulation of the i et; a of violation f ~ attaehed to the vehiele and the owner `Ia• operator of the vehiele shall be oath;°es to the ,y be subjeet to the ..0lation may, not suffer any, disability or legal disadvantage based upon eonvietion of crime: SECTION 11.28.090 Violation Responsibility in the trial of any, alleged violation of this ehapter, the registered owner- of the vehiele so parked shall be presumed to be the persoit in eharge and control of sReh vehiek saxeh defendant. presumption shall, however, be rebuttable by, the SECTION 11.28. 100 II 1 11 1 100 Periling l'oan's _Ceetio • A parking The regulation-deseiribed in Ceetioft 11.28 0741- effeetive between the hours of 4.I10 a.m. iiind 4230 p.m. eveiry day, exeept SuRdHy,s and other legal holidays. SECTION 11 74 105 Derl ;ng ho.,rs Ceet;en 11.28.075 The par-kin-It iregulations deserib in Ceetion 1 1 .74.075 ..hell be effeet 2 hours nejF iaaa, semen days per week SECTION • • Penalties for parking violations; immobilization, towing, show eause an■■ w rrent( A. Finne. Fines sh Ill the original tieketed amount as well ns any, enhaneed penalties. in addition, a person who eommits three or four parking violations i I ealendar year- shall pay, an additional fine of S25, and a per-sonwho eommits five or- moire par-kingviolations in any, ettlendair year shall pay an additional fine of $50 for eaeh parking violation they reeeive iii that year. Ordinance No. Page 7 of 21 Multiple Violation Penalties* i i 2 . ol~,ti e'er 4 iol.,tions SI e G n more violations S50.00 for eaeh violation *This authorized under this ehapter, B. immobilizer (boot) installation and /orTe- (4) When a driver, r-egisteired > (4) five or- more outstanding unpaid Cit., o Ashland parking violations on an numbeir of motor vehieles, or- (2) a C 0 ty of Ashland pairking violation, or- eh viOl€i t 10H with a total -unpaicl-uzr licTree exeeeds mss.-W, zzzvolved, then am , poliee or- parkin t-~ exfoireentent-o e , authorized , .all -C~-}1`eetn.l noel empowered shill nel7 a IIrVCV~Peh7 •er v lA ll. l s found upon a publie street li or ei", off-street par-king lot b , installing t1a Zlll or attaehing-to the mater - iele a devie designed to --tvlet the normal movement of the vehiele. in the alternative, or in addition to immobilization, afte 24 hours has elapsed, any poliee or parking enforeement offieeir or- eontraeted to order- s eh yehiele tAwerl by a lieensed tot:, eomnnnar limier- eontrslet with IYYQ City' City or- the , apheabl-e, (2) For purposes of this seetimi, bail or- fine shall be outstanding on a eitation when the itcltien issllncl and shrill i-emain outstanding until the hail is posted or fine is paid, (3) Ten days before immobilizing oir towing a vehiele vieeording to the provisions o this seetion,-'thee-or the Cit.,' o •il shall ail ntl eerti Pied mail ~TlVP7lT-'-}l~ tCi te~. on - the ~LhZTZIielo G-Vl -e CCTCIII requested, to the iregister-ed owner of sueh vehiele as shown J immobilized ireeords of the Oregon Motor Vehieles Division notifying the owner that the motor vehiele or vehieles may be and/or towed ten days after the date-of mailing the notiee herein for failure to pay-outstanding par-king bail ov fines. (4) if the yehiele is so immobilized, c-r the ptw-son who 1 stalls n attaches the deviee shall advising the > diriver, and that ireleffse of -the-vehiete ma), be parking obtained seniee-proyid ?r. The notice shall also spend, that the requested, vehiele is subjeet to tow, (5) in the event the vehiele is towed, the person who orders the tow, shall send b~, a notiee advising the registered owner-of the vehiele that it has been tol:roil pursuant to this seetion and that release of the ~~ill 1. Ordinance No. Page 8 of 21 vehiele may be obtained upon ireeeipt by the to-A iny of full payment of owed. the outstanding balfinee (6) A vehiele towed and impounded pursuant to this seetio" shall be held at the expense of the owner or- person entitled to possession of the vehiele. Personnel-, - -K - . ment and faeilities of private tois, eompanies under eontiraet with the City Qthe eontiraeted parking I.iIIVI C.lilll \.l it serviee provider may be used for the removal and storage of the t. u l a, l a.. Letter, C. Warning Cause, Show Warrants. and Warning Letter. The Ashland Munieipal Court may ehoose to send letter b first nln it informing the defe dant the have outstanding . CITII~ par-kin tieliet-z'nd that their attenda tom I1E,eessa , at a nlimir,.,r-., hearing befor-e Jtwv-eause or-der and warrant, !71 Show Cause The A shl`and 1~luninir,nl eontempt of ruula,li~cal 7 ouirt may -der- that requires tth. l defendant to appear and show eause why the defendant should not be held in for Ynill to appear as ordered AN failure to eomply. The show eause order shall be mailed to the defendant by eer-fified nil' N .1 eturn N pt requested, no 1l~JJ _noV less titan 9 other Nnnnrrni~nd methl nlr77 4 CII VC1~ . AZn7 alternatively serviee may, he made by-an +i nfirn m n personal !or-ding to the same (3) Wairrant. if the defendant is served and fails to appeair at the time speeified in the show eause 7 the eourt may issue an arrest warrant for the defendant the purpose of bringing the defendant before the eourt. STi CTION 11.28.120 Parking Fine Sureharpe improvements, There shall be a sureharge of four dollairs (S4.00) on all parking eitations issued within the City, of Ashland. All revenues reeeived shall be segregated and used only, for meeting debt serviee on bonds issued for parking leases, a"d/or- future par-kin Ordinance No. Page 9 of 21 Chapter 11.32 ABANDONED I urri c S CTIONs. SECTION 11.32.010 Definitions A. elaim of owneirship. Avehiele shall he eon Sidea.r-egli .4i.bandoned if it has remained in the s-ame loeation for moire than 72 hours and one or moire of the folio-wing eonditio"s exist: The vehiele has an expired -registration Jl-ll. ker or trip permit affixed to disabled; junked. 2)--Th-e-N,ehiele appears to be inoperative oir 3)- The vehiele appears to be wreeked, partially dismantled or B. "Chief poliee of I' department, or any, agent, employee, oir designee authorized to perform the du of this ehapter by, the ebief of poliee. C, "Di r`led" o~ieln means afty yehinle or pa~ --f w ieh in one more of tl,e following eondition.s-2 / inoperative; 2) Mlr-eeked-; 3) Dismantled; Partially dismantlerl• Di rded yehinles may, l+n deemed to elude arts of "eh1eleO inelUU 1iIIg but nt l lllJl limited to bodies, engines, tra . . , and rear ends. Nl « " means every deviee in, upon, or by whieh any per-son or property is oir may, transported or drawn upoin any, street or 1 thereof SECTION 1 1.32.020 Deelaratio of Publ1e Nui°anee The open aeeumulation and storage of abandoned or disearded' ehieles are hereby, found to ereate a eondition tending to reduee the value of private property, to promote bligh-t-, deterioration and is to eo sti cvrrs~rtr•.tn~c zrii attraetiye • n unsightliness, to ereate fire iri~~ to R- z~c crzrczrr~Iiiirsnircc eireat ng a hazard to the health and sa", of ntinors, to ereate a harborage for- rodents and . - - - ts and to be injurious to the health, safety and general welfaire. Therefore, the presenee a abandoned d rrled yehinle on private or publie property is hereby, deelared to eonstitute a publie vhieh may, be abated in aeeordanee with the provisions of this tehapter, SECTION 11.32.030 Prohibited Aetion it is unlawful to park, store, leave, or permit the parking oir storing of an abandone disnnrded v ehiele upon any, publie or private property within the pity for a IILIiVU V Illlll~ `l of time in 111 exeess of seventy two (72) hours unless the vehiele is (1) eompletely enelosed within a Ordinance No. Page 10 of 21 build i or (2) stored in eonneetion with a business enterpfise allowing outdoor storage and lawfully lieensed by the City. SECTION 11.32.040 Pen tky Violation of this ehapter is violation, a Class 11 punishable in aeeordanee with AMC . ncn Notion and Towing of Abandoned Ve inln° SECTION 1 1.2'1. ~ i[VIIt.l1 ♦ L111L1LJ if the owneir of the vehiele, private property owner, or lessee of property upon whieh the ,v,ehie.e is 1 1 n ltnll . of removed after notice is provided . _ 1 then to vehicle sIrizlii-per towed and disposed of in aee- da nn with ORS 819.110 through ORS 81$270. T1, Chief of Police may designate al7 nlrent or off11.L l ! o perform the ~",~-:-employee, VI V 1 1 to duties required under this nl~nntnr and the appheable provisions of state law. Chapter 41.34 STORED VEHICLES S CTrnNr. SECTION 1 1 241 n1 n Purpose whether t" City has a f, easement, IL I l~, ■l! of-way. The other leg l interest in the right • se of a. v the City's right cc of the eity." The purpose of this ehapter is to regulate parking on the City' s right of way to prevent the right of way from being used to store personal vehieles and oversized vehieles, storage faeilities properly zoned and permitted for sueh storage use, and not in publie right. S CTION 11.34.020 definitions "in front of or eontiguous to thevehiele owner' » For purposes of this or-dinanee ""in firont of' means the iright of way direetly in &ont of and on the same side of the street as the owner' s dwelling and between the lot fiHes of the property on whieh the divelling is means touehing either one of t loeated. For purposes of this or-dinanee c"eontiguous » owner-9 lot lines the same side of the street at the point where the lot line inteirseets the - right of way and extending away from the lot line in either direetion in the right ofway no more than 22 feet. For purposes of this or-d.nanee c"eontiguous to" also means in the nearest parking bay in the right of way in either direetion and on either side of the street from the vehicle owner' s residennn• cc~PGT s'rLGnilTi Pe 117~»• over-sized yehi~e+ is ~1.117~ whether ehi or tin ~T`Cii" or 94 inehes in width or 92 inehes in height. Any motorized, length, that exeeeds 22 feet in buses, Oveirsizedvehieles shall also inelude all traetors, trailers, semi motor > > > trailers, eamper ears, house traileir > homes; trailer houses, motoIF Ordinance No. Page 1 1 of 21 or othetr horse trailers, mobile homes, utility trailers, and othe x . K nt or- spoir Automobiles, piekup , height. utility vehieles and passengeir vafts that are over 92 inehes in height will not be eonsidered over-sWed vehieles when they exeeed the height limit solely due to the modifleation of the motorized vehieles that are owned and used by households foir personal "Personal passenger vans, ear-go automobiles, wagons, statimi SECTION 1 1 .3ii.030 Storc d Personal Vehicles P Prohibited it is unlawful for any per-son to park oir stoire atty personal vehiele mi any publie right of way: and A. ~J iL moire than seventy two (72) hours SindIlU 1.ntr ? I ■ l nnlnlln+ +INOC! 1luN1 la , driven, a eonditimi that prevents it &om being , C. For moire than seventy two hours, and D. The personal vehiele is being used primarily as a eontainer for the storage of personal items in or on the yehieln E. it shall eoHstitute prima faeie evidefiee of storage of a vehiele if the vehiele meets the within the City in violation of this seetion may be treated its an abandoned vehiele pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Violation of AMC 11.34.030 SECTION 1 r1.~ Zit.v n'1 ns crsrcec dVehieln.. Ui.nzrr~ol~ih~4n~I it is unlawful for- any per-son to park or- store any Over-sized Vehiele on aity publie right 0-+ v40 ~TV Sto rccro crrrcresz I-vrc'ca of- way Oversized \7 I'' 1 • f the Over°"" 1 Vehiel^ ; ~t within the exeeption in ,IC 1 1.34.0 Any Over-sized Vehiele pairked on the right of-way within the City ift violation of this seetion may be treated as an abandonedvehiele pursuant o MC 14 .32 or abated purse nt to AMC -v-IVZZinvrr SECTION 41.34.050 Exeeptions for Oversized Veltiel Aii Oversized vehiele may be legally parked on the publie right of way in front of o , s dwelling, provided it meets all of the folio-wing elit eontiguous to the vehiele A. is not par-ked foir mor-e than seventy two (72) hours; B. Does not eonstitute a hazard to traffie on the publie L 1 L.l+! J' C. Does not restriet vision of motorists on the i)ilUlll. street, • Does not obstruet view &om any other , E. , F. is operabin' itires; "nludin r adequate and `I T7 7T! Ordinance No. Page 12 of 21 ` with the seventy two (72) hour C'1-IIIe TGTC[Y e , I7.ZiI-YnG2T-iG21-117-1I'J~At movet! moire than one huitdre-d (100) feet from the parked loeation in whieh the seventy tN" (72) hour- time period has n vu. CHAPTER 11.36 IMPOUNIDINC VEHICLES 11.36.01 0 Impounding ofvehiele As provided in this seetioti, a vehiele may be r-emoved by a poliee offieeir without prior notiee and taken to a b 7 pairking 7 until an appheation for its iredemption is made by tee} owner or an authorized agent. A nhinlo may be removed whew. A, illegally Thevehiele is ` irestrieted , zone oir traffie lane where par-king is limited or prohibited to designated elasses of vehieles mr- 1 or- at anytime when the vehiele- intet-fer-es with the intended use of sueh 7 zone, or- traffie 7 R. The yehiel„ was in rroc c noc itm--a taken olinn offinnr mid o other- reasonable disposition of thevehiele was available; mr C. A poliee offieer reasonably believes the vehiele loes not possess a valid 'irlnc u inc~llrnrl fieense and either-1 is itri~~ IT i r 7 Has fn;ln.l to trn.lsfor title D. Thevehiele was operated by a ilnr the influenen of irltoxien +ts in violation of ORS 813.04-0, A vehiele impounded puirsuant to this seetion shall held at the expense of the owneir (w Personnel equipment and faeffities -of the {.Ty or pAvate tow eomp may be used for- the removal mid storage of t1levehiele. 1 > 26 n1 c Post Afteir a vebiele has been impounded puirsuant to section 11.36.010 notiee shall be provided to the registered ow-.- I if lmown, indieating-W A The lonntio., ofthe ` ehiele; , B. That a lien has arisen on the vehiele in favoir of the personwho towed and is storing the vehiele; C That the yehinln may be sold-at publie atietion to satisfy the lien; and if requested within fiv-e • held, T at a hearing on thevalidity of the impound may be ealendair days of reeeipt of notiee by the owner. 11.36.020 Redemption A vehiele whieh has been impounded under this ehapter may be released to the registered c or to the person operating the VeFllnln at the tiili- of yr owner Vl legal owne",different, A. T1. pr er driver of the nLlinlo has paid all of the onnrnoil to1III, and .l storage eost7c e ow , Ordinance No. Page 13 of 21 uniess othenwise ordered by the hearings ; znlu R The pnlinn ilnn.,Ntmnnt has released its Llnl~l if _ any *he vehiele. D 11.36.030 Sale A. if the nliinln is not Nniln ed within thii-ti' (30) da s7 the it shall be sold in `inn"i'danee with the applieuble relating to the sale of abandoned vehieles; of 12 if `i to", eom r t~nlr the yehinln into eustody it shitil have a lien tiro yehinln for- the just and reasonable towing and storage 7 may retain of the hinln until ' paid, lien. and may have the vehiele sold at publie auetion to satisfy the lien that attaehes to the vehiele shall be a possesso", ehattel lien in neeordanee with ORS 87.142 and shall be foreelosed in the main- I ided in ORS 87.1-52 to 87.212. if the appraised value of thevehicle is S7 - or liess, t ehiele shall be disposed of in the manneF ided in nnc 819.220, 11.36.040 Hear* A The owner must N est " hearing i .ithin f'i'n n deseribed in seetion 14.36.01-5. The request may be made in per-son or in writing to the Chief of Poliee. Failuire to make a timely, request for- a hearing shall eonstitute a waiver o B. Hearing Proeedures. When timely, request for a hearing is made, a hearing shall be held before a hea • 1 oIII . 2. The hearing shall be set nnd eondueted within 72 hours of reeeipt of the request, and days. The hearing ean be set for a later date i Sun exeluding holidays, Saturdays, owner oir person entitled to possession so requests. 2• At the he ring• I the owner may, nontnat tl„oirnlidity of the iii~r7V ll no.~ llu• a. The niter cvl+.,,ll lie n the burden of proving b n nNnnondnNannn tIIlio _ validity Vrll f t1 ~.the C. D-e-eisi-oln. of the Hearings Offieer. if the hearings offieer finds th-- Enter rll loll proper, the T+LL111Ig n ~J nteN removal; an or-der supporting the and Z~~i~~1~lv. Find that the owner or person entitled to possession is llnl'ln for any towing and storag-e ehairges resulting from the impoun&. 7• impound of the ye Hlnln \II(l C~ 1mA ipeN, the ti l1 Afl Nl - II l.Zl l -I . ■ ■Mer tNn i ehieln Nnle sed I- the owner- or person entitled to pos b. Find that the owner or person entitled to p-o- sine, i of liable fnN atiy, owing-ar storage eharges resulting from the impound; and • Or-der the eity to satisfy the towing and +,en, 3. The deeision of the hearings offieer is final. D. Failure to Appear at the Hearing. if the person r-eqtiesting the hearing does not appea at the sehedule-d hearing, the hearings offieer may, enter an order supporting the impound and iissessment of towing and storage eosts. Ordinance No. Page 14 of 21 SECTION 3. New Chapter 11.26 as set forth below is hereby enacted as a replacement for repealed Chapters 11.24, 11.28, 11.32, 11.34 and 11.36: 11.26. 010 Application of State law The requirements in this Chapter 11.26 are to be applied in conformance with ORS 221.275, ORS 221.277, ORS 221.285-221.287, and ORS 221.333, which are incorporated herein by reference. 11.26.020 Prohibitions In addition to the parking prohibitions in the motor vehicle laws of Oregon, no person shall: (1) Except where the street is marked or where officially indicated otherwise, stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb or, if no curb, as close as possible to the edge of the shoulder; (2) Park on a street or in a City parking lot in a manner or at a time prohibited by official signs; (3) Park on a street or in a City parking facility longer than the time specified by applicable official parking signs: (a) The period of time so specified shall begin when the vehicle is parked in a particular limited time zone on a particular block face; and (b) The period shall be terminated when the vehicle is moved and parked on a different block face, at which time a new period shall begin as stated in (a); (4) Park so as not to be entirely within the painted lines of a single parking space; (5) Park within an area marked off by traffic markers or by painted curb or pavement; (6) Park within 10 feet of a fire hydrant or within 30 feet of a fire station; (7) Park in a street intersection, including the area used for crosswalks, or upon a sidewalk, or upon a bicycle path; (8) Park upon a bridge, viaduct, or other elevated structure used as a street, or within a street tunnel, or upon any parkway, unless marked or indicated by official sianaae otherwise; (9) Park across or within the entrance to an alley or driveway; (10) Park in an alley, except to load and unload persons or materials for not longer than 20 consecutive minutes in any 2 hour period; (11) Park in an unimproved portion of the front setback of any structure in any residential zoned district; (12) Park on any public right-of-way with expired vehicle registration; (13) Park on any public right of way with the principal purpose of: (a) Displaying the vehicle for sale; (b) Washing, sreasina, or repairing the vehicle, except repairs necessitated by an emergency; or (c) Selling merchandise from the vehicle, except in an established marked place or when so authorized or licensed under the ordinances of this City; or (14) Park, stand or stop a truck or bus on a public street or in a public parkins area with its engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be Ordinance No. Page 15 of 21 turned off when loading and unloading passengers or merchandise. This subsection shall not apply to: (a) An engine running for less than five minutes; (b) A vehicle in the moving traffic lane waiting to move with the normal flow of traffic; (c) An engine needed to operate equipment used to load or unload merchandise; or passent!eirs or less-, , (0 Emergency vehicles, utility company vehicles, or any construction and maintenance vehicles which have engines that must run to perform needed work. 11.26.030 Exceptions to Prohibitions Notwithstanding prohibitions stated in Section 11.26.020, parking prohibitions do not apply (1) On days or in areas City Council has designated by resolution as exempt from posted parking time limits; (2) To official City, state or federal vehicles necessarily in use for construction or repair work, or to a vehicle with a Special Permit for Delivery, Maintenance or Construction or to federal or private vehicles primarily used for the collection, transportation, or delivery of mail and parcels; (3) To vehicles used in official public improvement projects in accordance with the terms of a public contract or official permit. 11.26. 040 Obstructing Enforcement (1) No person shall erase, remove or otherwise conceal any mark made on a motor vehicle tire by a person acting within authorization by the City to enforce this ordinance. (2) No person shall discard, mutilate, or destroy any summons or complaint or citation formally issued for violation of this ordinance, if the matter complained of has not been 40) finally resolved by the court having jurisdiction over the summons or complaint. 11.26.050 Abandoned Vehicles (1) It is unlawful to park, store, leave, or permit the parking or storing of an abandoned vehicle upon any public or private property within the City for a period of time in excess of 72 hours, unless the vehicle is (1) completely enclosed within a building; or (2) stored in connection with a lawful business enterprise allowed to store such vehicles outside. (2) If the owner of an abandoned vehicle or the private property owner or lessee responsible for placement, or allowing for or assisting in the placement of the subject vehicle in front of or contiguous to his or her real property fails to remove the vehicle after notice is provided as required in ORS 819.170, then the Chief of Police or the Chief's designee may tow the vehicle and dispose of it in accordance with ORS 819.110 through ORS 819.280. 11.26.070 Storing Vehicles Ordinance No. Page 16 of 21 (1) Except as otherwise provided, no person owning or controlling an oversized vehicle shall cause or permit it to be parked within any public right-of-way for longer than 24 consecutive hours. a. An Oversized vehicle may be legally parked on a public right-of-way in front of or contiguous to the vehicle owner' s dwelling, provided it meets all of the following criteria: A. Is not parked for more than 72 hours; B. Does not constitute a hazard to traffic on public streets; C. Does not restrict vision of motorists on a public street; D. Does not obstruct view from any other property; E. Has a currently valid license or registration; F. Is operable, including adequate tires; and G. Is attached to a vehicle if required for movement of the oversized vehicle. b. To comply with the 72 hour time restriction, an oversized vehicle must be moved more than 100 feet from the parked location at which the 72 hour time period has expired. (2) It is unlawful for any person to park or store any personal vehicle on any public right- of-way: A. For more than 72 hours, and i. In a manner that results in the accumulation of debris around or under the vehicle or in a condition that prevents it from being driven, including flat tires; or ii. The personal vehicle is being used primarily as a container for the storage of personal items in or on the vehicle. 11.26.080 Loading Zones (1) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials, freight, or passengers in a place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. A stop for loading and unloading of passengers and personal baggage must not exceed 5 minutes. A stop for loading or unloading of materials must not exceed 15 minutes. (2) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in a place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect. 11.26.090 Buses or Taxies The driver of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of a taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers. Ordinance No. Page 17 of 21 11.26.100 Penalties Violation of any provision within 11.26.010 to 11.26.090 is a Class II violation, punishable in accordance with AMC 1.08.020, and the vehicle is subject to the methods for impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. 11.26.110 Restricted Parking Areas, Hours and Limits (1) Parking areas, effective hours, and time limits shall be established by traffic regulations promulgated and published by the City Administrator as authorized in section 11.12.010 to 11.12.050. (2) City Parking Lot. Parking in any parking lot owned by the City shall be restricted and controlled under the authority of the City Administrator. 11.26.120 Penalties, Immobilizers Installation, Towing, Warning Letter, Show Cause, and Warrants After the City posts a notice of violation on the vehicle parked in violation of this chapter, the owner or operator of a vehicle is subject to the fines and other penalties provided in this chapter, and such vehicle is subject to the methods for impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. (1) Penalties for parking violations. (a) Fines. Presumptive fines for each parking violation and enhanced penalties for multiple parking violations within any calendar year shall be established by resolution of the City Council. 1. A presumptive fine is the fine amount imposed against a person who pleads no contest to or is otherwise found guilty of a violation and is separate from and in addition to other penalties or charges provided herein, including any penalties for multiple parking violations. 2. A presumptive fine for a parking violation under this section will be imposed unless the court finds reasonable grounds for either increasing or reducing the fine. 3. Fines shall include the original ticketed amount and any enhanced penalties, if such penalties are established. (2) Immobilizer (boot) Installation and /or Towing. (a) When a dTiveir-, registered owner, or persor e~ of a motor vehicle has either (1) five or more outstanding unpaid City of Ashland parking violations on any number of motor vehicles, or (2) a City of Ashland parking violation, or any number of such violations, with a total unpaid balance that exceeds $150, regardless of the number of motor vehicles involved, then any police or p rkine enforeeme t. Ordinance No. Page 18 of 21 City enforcement official is authorized, directed and empowered to immobilize such a motor vehicle or vehicles found upon a public street within the City or in a City off-street parking lot by installing on or attaching to the motor vehicle a device designed to restrict the normal movement of the vehicle. In the alternative, or in addition to immobilization, after 24 hours has elapsed, any City enforcement official police or City is- authorized, directed and empowered to order such vehicle towed, by a licensed tow company under contract with the City or its designee *theC'+"' eontr eted part " e., foreement s »nnw-ovider, as applicable. (b) For purposes of this section, bail or fine shall be outstanding on a citation when the citation is issued and shall remain outstanding until the bail is posted or the fine is paid. (c) Ten days before immobilizing or towing a vehicle according to the provisions of this section, the City, or the City's contracted parking enforcement service provider shall post a notice on the vehicle or mail a notice by certified mail, return receipt requested, to the registered owner of such vehicle as shown by the records of any relevant state motor vehicles department notifying the owner that the motor vehicle or vehicles may be immobilized and/or towed if outstanding parking bail or fines have not been paid within ten days after posting or mailing of the notice. (d) If the vehicle is so immobilized, the person who installs or attaches the device shall conspicuously affix to the vehicle a written notice on a form approved by the City, advising the owner, driver, or person in charge of the vehicle that it has been immobilized pursuant to this section and that release of the vehicle may be obtained upon full payment of the outstanding balance owed to the contracted parking enforcement service provider. The notice shall also specify that the vehicle is subiect to tow. (e) In the event the vehicle is towed, the person who orders the tow, shall send by certified mail, return receipt requested, a notice advising the registered owner of the vehicle that it has been towed pursuant to this section and that release of the vehicle may be obtained upon receipt by the towin2 company of full payment of the outstanding balance owed. (f) A vehicle towed and impounded pursuant to this section shall be held at the expense of the owner or person entitled to possession of the vehicle. Personnel, equipment and facilities of private tow companies under contract with the City or the contracted parking enforcement service provider may be used for the removal and storage of the vehicle. 3. Warning Letter, Show Cause, and Warrants Ordinance No. Page 19 of 21 (a) Warning Letter. The Ashland Municipal Court may choose to send a warning letter by first class mail informing defendants they have outstanding parking tickets and that their attendance is necessary at a preliminary hearing before issuing a show cause order and warrant. (b) Show Cause. The Ashland Municipal Court may issue an order that requires a defendant to appear and show cause why the defendant should not be held in contempt of court, including contempt for failure to appear as ordered or failure to comply. The show cause order shall be mailed to the defendant by certified mail, return receipt requested, no less than ten days prior to the appearance date; alternatively service may be made by any other recognized method, such as personal service according to the same timeframe. (c) Warrant. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court. SECTION 4. Chapter 10.68.400 Vehicle access to Calle Guanajuato is hereby amended as set forth below: 10.68.400 Vehicle access to Calle Guanajuato A. Access by vehicles to Calle Guanajuato, that area located between Winburn Way and North Main Street, is prohibited between the hours of 11:30 A.M. and 10:00 P.M., Monday through Friday, and 8:00 A.M. and 10:00 P.M. Saturdays from May 1 through October 31. B. The Ashland Parks and Recreation Commission may issue permits for access during the hours of closure for vehicles of property owners or lessees that have parking spaces on private land accessed through Calle Guanajuato, or for other functions that arc approved by the Ashland Parks and Recreation Commission. C. When not otherwise prohibited, parking in Calle Guanajuato shall be limited to loading and unloading only, and for a period not to exceed 5 minutes. D. Any vehicle parked in violation of this Section shall be subject to the penalty contained in impoundment aeeoirding to the provisions o Section 10.68.350, and as well, is subject to Chapter 11.36 of the Ashland Alunieipal methods for impounding, appeal, and Code. disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing Ordinance No. Page 20 of 21 situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 6. 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 7. 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 5-7 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 , 2016, and duly PASSED and ADOPTED this _ day of 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 21 of 21 CITY OF ASHLAND Council Communication February 16, 2016, Business Meeting A Resolution Establishing a Fee for Appeals of Administrative Decisions FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The Ashland Municipal Code, chapter 2.3 )0, establishes a uniform process for appeals of administrative decisions. These are typically decisions made by a department director regarding interpretation and application of various parts of the Municipal Code. AMC 2.30 establishes a fee of $150 for such appeals, which may, at least arguably, create an unreasonable barrier to appeal for a citizen who feels aggrieved by an administrative decision. However, the Code also allows the Council to establish a different fee by resolution. This resolution establishes the fee at $50 for an appeal to the City Administrator ($0 if the appellant waives his/her right to a written or mechanical record of the hearing) or $150 (or actual cost, whichever is higher) if the appellant requests that the appeal be heard by a third party hearings officer. BACKGROUND AND POLICY IMPLICATIONS: At the January 5, 2015, study session, staff reviewed with the Council a list of ordinance updates that had been identified internally as necessary to keep the Ashland Municipal Code current. Staff identified the $150 appeal fee as one item in need of change. As explained at the study session, an appeal fee of that magnitude could be viewed as a barrier to citizens who wish to exercise their constitutional right to petition the city for the redress of grievances. In addition, there is value to the city and having appeals addressed at an administrative level rather than having them all come to the Council, where time and energy is better devoted to policy level matters. Staff had originally considered a rewrite of AMC 2.30 to consolidate all codified appeals processes into a single code chapter. That ordinance would also have addressed the appeal fee issue. However, staff has now determined that this course of action is probably not feasible, although this does not prevent the city from acting on appeal fees. AMC 2.30.020.C states "Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council." Therefore, this resolution is presented in lieu of an ordinance rewrite of the entire code section. This resolution provides for a three-tiered fee structure. In this structure, the fee for an appeal heard by the city administrator is $50. If, at the appellant's request, an appeal is heard by an outside party not affiliated with the City of Ashland, the appeal fee is $150. However, if an appellant waives his or her right to a written or mechanical record of the proceedings (as established in AMC 2.30.020.E.5) in an appeal heard by the city administrator, the appeal fee is $0. COUNCIL GOALS SUPPORTED: 2. Promote effective citizen communication and engagement Page 1 of 2 !r, CITY OF ASHLAND FISCAL IMPLICATIONS: None likely. Appeals are extremely rare. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this resolution. SUGGESTED MOTION: I move approval of a resolution establishing a fee for appeals of administrative decisions. ATTACHMENTS: Resolution AMC 2.30 Page 2 of 2 9:1AW, RESOLUTION NO. 12016- A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A FEE FOR APPEALS OF ADMINISTRATIVE DECISIONS RECITALS: A. The Ashland Municipal Code, Chapter 2.30, establishes a uniform administrative appeals process, wherein a citizen who feels aggrieved by the decision of a department head or director can appeal that decision to a hearings officer (city administrator). B. AMC 2.30.020.C states that, "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." C. The Council finds that a non-refundable fee of $150 may constitute an unreasonable barrier to the Constitutional right to petition the government for the redress of grievances. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Section 2.30.020.C of the Ashland Municipal Code, the City Council of the City of Ashland establishes the following fee schedule for appeals of administrative decisions: • $50 for appeal heard by the City Administrator or an outside party not affiliated with the City of Ashland if the outside party hearings officer is requested by the City; • $150 or actual cost, whichever is greater, if appellant requests that the appeal is heard by an outside party not affiliated with the City of Ashland. • $0 for appeal heard by the City Administrator in which the appellant waives his or her right to a written or mechanical record of the proceedings as established in AMC 2.30.020.E.5; This resolution was duly PASSED and ADOPTED this day of 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 1 of I 2.30 Uniform Administrative Appeals Process 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. IIearing 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 2008) 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: 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 2971 2008; Ord 2992; 2009) PRINT CLOSE„