HomeMy WebLinkAbout2022-10-04 Council MeetingASHLAND CITY COUNCIL
BUSINESS MEETING AGENDA
Tuesday, October 4, 2022
View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via
rvtv.sou.edu select RVTV Prime.
HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access)
The Special Business Meeting will be held in Council Chambers, 1175 E. Main Street.
Written and oral testimony will be accepted for public input. For written testimony, email
public-testimony(&ashland.or.us using the subject line: Ashland City Council Public Testimony.
For oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerregnest and return
to the City Recorder.
6:00 PM Regular Business Meeting*
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS .
Land Acknowledgement*
Proclamation: Indigenous Peoples' Day
V. APPROVAL OF MINUTES
1. Study Session of September 19, 2022
2. Business Meeting of September 20, 2022
Minutes of Boards, Commissions and Committees***
VI. SPECIAL PRESENTATIONS PUBLIC FORUM
1. Public Arts Committee Annual Report
2. Community Budget Survey
VII. CITY MANAGER REPORT
VIII. CONSENT AGENDA
IX. PUBLIC HEARINGS
X. UNFINISHED BUSINESS
1. Comprehensive Sanitary Sewer Collection System Master Plan Adoption
2. Stormwater and Drainage Master Plan Adoption
3. City Attorney Report on City Council/City Manager Authority Respecting Park
and Recreation
4.
XI. NEW AND MISCELLANEOUS BUSINESS
1. LiUNA 737- Three Year Agreement
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
* Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)]
** LAND ACKNOWLEDGEMENT
We acknowledge and honor the aboriginal people on whose ancestral homelands we work —
the Ikirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native
communities who make their home here today. We honor the first stewards in the Rogue
Valley and the lands we love and depend on: Tribes with ancestral lands in and surrounding
the geography of the Ashland Watershed include the original past, present and future
indigenous inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize
and acknowledge the Shasta village of K'wakhakha - "Where the Crow Lights" - that is now
the Ashland City Plaza.
***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found
at the City's website, httns://www.ashland.or.us/Ai!endas.asn . Use the View By box to
select the Board or Commission information you are seeking.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Manager'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).
PROCLAMATION
• The City Council of the City of Ashland recognizes that the Indigenous
Peoples of the lands (later known as the Americas) have lived on these
lands since time immemorial.
• The City Council honors the fact that the community of Ashland is built
upon the traditional homelands of the Takelma, Shasta and Klamath Basin
Peoples and affirms the legal rights of the nine federally recognized tribal
nations in the State of Oregon and all Indigenous Peoples everywhere.
• Indigenous Peoples' Day was first proposed in 1977 by a delegation of
Native Nations to the United Nations sponsored International Conference
on Discrimination Against Indigenous populations in the Americas.
• The City of Ashland is committed to protecting and advocating for justice,
human rights, and the dignity of all people who live, work and visit in
Ashland, and to supporting the principles contained in the United Nations
Declaration on the Rights of Indigenous Peoples (the "Declaration")
endorsed by the United States on December 16, 2010.
• The Declaration recognizes the right of Indigenous Peoples "to the dignity
and diversity of their cultures, traditions, histories and aspirations which
shall be appropriately reflected in education and public information," and
places an obligation on States to "take effective measures, in consultation
and cooperation with the Indigenous Peoples concerned, to combat
prejudice and eliminate discrimination and to promote tolerance,
understanding and good relations among Indigenous Peoples and all other
segments of society".
• On August 1, 2017, the Ashland City Council unanimously approved a
resolution establishing the second Monday in October as Indigenous
Peoples' Day as an opportunity for the community to reflect on the
ongoing struggles of Indigenous People of this land, to celebrate the
thriving cultures and values of the Indigenous Peoples of our region, and
to stand in solidarity with Indigenous Peoples everywhere
• Furthermore, the resolution encourages other businesses, organizations
and public institutions to recognize Indigenous Peoples' Day in Ashland
the second Monday of each October.
NOW THEREFORE, THE City Council and Mayor, on behalf of the citizens of
Ashland, hereby proclaim October 10, 2022 as:
"Indigenous Peoples' Day"
in the City of Ashland and encourage all residents, businesses, organizations and
public institutions to acknowledge, honor, value and celebrate Indigenous
Peoples' historic and current contributions locally and beyond, while also
recognizing the ongoing and interconnected struggles of all Indigenous
communities locally and beyond.
Signed this Yd day of October 2022.
Julie Akins, Mayor
Melissa Huhtala, City Recorder
CITY OF
-AS H LA N D
CITY COUNCIL DRAFT MINUTES
Monday, September 19, 2022
HELD HYBRID - Council and some City Staff will be live in the Council Chambers,1175
E. Main Street. Citizens and presenters will be joining via zoom
View on Channel 9 or Channels 180 and 181 (for Charter Communications customers)
or live stream via rvtv.sou.edu select RVTV Prime.
Written and oral testimony will be accepted for public input. For written testimony, email
public-testimonynashland.o►-.us using the subject line: Ashland City Council Public Testimony.
For oral testimony, fill out a Speaker Request Form at ashland.or.us/sgeakerreguest and return
to the City Recorder. The deadline for submitting written testimony or speaker request forms
will be at 10 a.m. on the day of the Study Session meeting and must comply with Council Rules
to be accepted.
Mayor Akins called the Study Session to order at 5:30 PM Study Session
1. Public Input (15 minutes, maximum)
None.
2. Resolution 2022-24 Creating Standing Advisory Committees
City Manager Joe Lessard gave a Staff Report.
Council discussed the changes and the process.
Staff confirmed that this is a Resolution not a Code change so changes could be made as needed.
Council discussed options.
3. City Attorney Report on City Council/City Manager Authority Respecting Park and
Recreation
City Attorney Doug McGeary handed out a memo (see attached).
McGeary went over the memo.
Council discussed the memo.
Councilor Graham spoke that she would have liked to see this memo sooner.
Lessard spoke that this would be back on the Agenda for further discussion at a future Council
Meeting.
Moran suggested to bring the MOU regarding street funds back to Council for discussion.
The language of the City Manager amendment, however, includes language that exempts oversight and
management of specific "employees" from management oversight by the City Manager:
"The Ashland Parks and Recreation Commission shall have responsibility for
appointing, supervising, and removing its employees, subject to state law, Ashland
Municipal Code, written mutual agreements between the City Council and Ashland
Parks and Recreation Commission, and formal, written City administrative policies."
Charter Article VIII-A §4 (4)a. (Emphasis added)
This section of the amendment also provides that the City Manager "shall have no responsibility for the
supervision of the ... Ashland Parks and Recreation Commission." Charter Article VIII-A §4 (5). The
above exemption provides that employees assigned to the "Park and Recreation Commission" are most
notably determined by or under the City Council's plenary authority to adopt provisions of the Ashland
Municipal Code (AMC), set City administrative policies, adopt City Council resolutions, or enter into
memorandums of understanding (MOUs) with the Park and Recreation Commission.
Except for the language in Article VIII-A of the Charter establishing the City Manager position, there
are no other references to a "Park and Recreation Commission" in the City Charter. The two Charter
established commissions are part of the City organization. They are not created as independent or
separate from the City as legal entities. And in that respect, there is no specific power in the Charter for
either the Park or Recreation Commission to hire employees. However, the City has created through
ordinance the power for the Ashland Recreation Commission "to appoint or designate some individual
to act as recreation director..., and such other personnel as the [Recreation] Commission deems
proper." AMC 2.16.040. This Director's office has historically answered to the two Charter established
commissions.
Before the adoption of City Manager Charter provision, where respective management or operations
commingled or remained ambiguous between the City and commissions, the entities found a need to
form several MOUs to separate and apportion their respective share of several responsibilities to the
overall organization. One main MOU has been amended over time until its last iteration dated August
19, 2014 (the "2014 MOU") was created prior to the change to a City Manager form of governance.
The 2014 MOU predominantly leaves authority over Park and Recreation employees and park land with
a Park and Recreation Commission while the agreement assigns human resource functions to the City.
ANALYSIS:
A. • INTRODUCTION: The 2020 adoption of Article VIII-A in the City Charter establishing the
City Manager position has presented a question over what degree the Council through its City Manager
may have administrative authority over the city's Park and Recreation Department and its employees.
As discussed above, the Commission has historically had operational oversight of the City's Park and
Recreation Department under portions of the AMC and in MOUs between the City Council and the
Commission. With the hiring of a City Manager, responsibilities for the overall organization are
realigned and the language within the new 2020 Charter provision must be read given plain meaning to
its text, but also informed by the history of agreements that have been created and are currently used by
the City and Commission.
DEPARTMENT HERE Tel: 541488-6W2 �.
Street Address Fax: 541488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
B. TEXT AND CONTEXT. Under a plain text reading of the Charter, the 2020 Charter
amendment does not appear to otherwise change the form of the City's government, although the
creation of the City Manager's office was clearly designed to consolidate management functions into a
chief executive -type position for the City in general and specifically to appoint, supervise and remove
any non -elected department heads or other city employees.
C. LEGISLATIVE HISTORY. To further define or interpret the text and context of the 2020
Charter amendment, the voter's pamphlet can also be considered for evidence. An overall inspection of
that document indicates that the 2020 City Manager amendment was to maintain the status quo
otherwise created by the Charter and developed over time.
The pamphlet indicates that the City Manager is given no extra supervisory authority over the
Commission. Although neither the Park Commission nor the Recreation Commission are entities
specifically authorized under the City Charter to operate independent of the City or to hire or oversee
employees.
D. GUIDANCE BY ORDINANCE AND MUTUAL UNDERSTANDINGS. Based on the City
Council's allocation of responsibilities in the 2014 MOU, the City Manager, like the City Administrator
before, currently does not have authority to manage or oversee the employees of the Park and Recreation
Department. Importantly and consistent with the Charter, the MOU also provides for this Commission
to develop and recommend a proposed budget to the City thereby ultimately leaving decisions of
adopting the final budget with the City. It is also important to note that other MOU's between the City
and Commission, or City Council adopted resolutions have established and apportioned responsibilities
between the parties for other City controlled properties, programs or funds that do not fall under the
definition of park lands or park funds.
Technically, the City has not established the usual structures within the City's organization or
administrative code which would clarify and enable the two City Charter established commissions to
administer their chartered functions or the MOUs assigned oversight responsibilities. The City Charter
does not create a Park and Recreation Department or assign its oversight to either the Park Commission,
Recreation Commission or a Park and Recreation Commission. The Park Commission is defined in the
City Charter simply as "The certain board ... perpetuated and continued as five (5) members." The
charter does assign "control and management" of dedicated park lands, open space park program lands
and park funds to the Park Commission but not employee or department oversight. The "control and
management" language, in essence, assigns asset level oversight responsibilities to the Commission, a
role not usually connected with operational management in the Council -Manager form of local
government or in the private sector. There are also no Ashland Municipal Code (AMC) ordinance
provisions establishing a Park and Recreation Department and its oversight, as is the case for other City
departments. Finally, it is the MOUs adopted by the City Council related to Park and Recreation
operations that, somewhat confusingly, allocates oversight responsibilities to either the Park
Commission, simply to "Parks", to the technically undefined "Park and Recreation Commission" or to
the Park and Recreation Director to whom the Park and Recreation Commission has "delegated
management responsibility."
DEPARTMENT HERE Tel: 541-488-6002
Street Address Fax: 541488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
3-Oct
17-Oct
31-Oct
Ashland City Council Look Ahead
Note: This is a DRAFT schedule of future agenda items and is subject to frequent changes.
EcoNorthwest Economic Diversity Study Report (tentative scheduling)
Community Budget Survey Report (tentative scheduling)
Croman Mill Redevelopment Concept/Overview (tentative scheduling)
City of Ashland Aspirational Goals
Telecommunications Ordinance Updates for Small Wireless Facilities (5G)
Affordable Housing - Preserving Manufactured Home Properties/Locations
Economic Development & Business Roundtable Follow-up Community Development Questions & Updates
I (activity centers, development code & process navigation, business issues
14-Nov
City Facilities & Real Estate Hargadine Parking Structure RFP
Severe Weather Emergency Shelter Next Steps
j Community Center & Pioneer Hall - Preliminary Schematic Design
j Facilities Optimization Master Plan
5-Dec
Police and Fire Partnering I Regionalization
19-Dec
Year End Informal Session - Coffee with City Management Team
Year End Informal Open House - City Commissions I Standing Advisory Committee Appreciation
2Jan
Meeting Cancelled National Holiday Observed - New Year's Day
16Jan
Ashland Housing Production Strategy Update
2023.2025 Biennium CIP Preview
UNARY DATE
REGULAR BUSINESS MEETINGS -AGENDA ITEMS
4-Oct
Proclamation for Indigenous Peoples' Day (Council)
Public Arts Commission / Advisory Committee Annual Report
Commissions/Standing Advisory Committees Standing Advisory Committee Appointments
Update Ordinances to Recognize Establishment of Advisory committees
Review/Revisit - Management Responsibilities Ashland Municipal Code (AMC) Management Assignment Provisions
City Council -Park and Recreation Commission MOUs / Resolutions
Personnel Issues Executive Session - Labor Negotiation Status (tentative scheduling)
Labor Agreement Approvals (tentative scheduling)
18-Oct
Standing Advisory Committee Appointments
Social Equity and Racial Justice Commission / Corresponding Advisory Committee Report
Travel Ashland Marketing Report
Resolution on City of Ashland Aspirational Goals
Ashland Fiber Network (AFN) - Business and Technology Planning RFQ/RFP
First Reading - Telecommunications Ordinance Updates for Small Wireless Facilities (5G)
Review/Revisit - Management Responsibilities Ashland Municipal Code (AMC) Management Assignment Provisions
City Council -Park and Recreation Commission MOUs / Resolutions
Personnel Issues Executive Session - Labor Negotiation Status (tentative scheduling)
Labor Agreement Approvals (tentative scheduling)
1-Nov
Climate Policy Commission / Corresponding Advisory Committee Annual Report
Ad Hoc Development Code Review Committee
First Reading - SDC Committee Recommended Ordinance Updates for Multi -Family Developments
Second Reading - Telecommunications Ordinance Updates for Small Wireless Facilities (5G)
Resolution Setting Telecommunications Installation Standards for Small Wireless Facilities
Quarterly Financial Report & Budget Amendments
Personnel Issues Executive Session - Labor Negotiation Status (tentative scheduling)
Ashland City Council Look Ahead
Note: This is a DRAFT schedule of future agenda items and is subject to frequent changes.
20-Dec Second Reading - Housing in Employment Zones
3-Jan City Council Orientation / Training
17Jan Second Reading - Food Truck Amendments
NOT YET SCHEDULED NOTES
RVTD Connector vs. Added Ashland Bus Line
Ordinance on Weeds and Noxious Vegetation
Executive Session - Lawsuit Updates
Cost Analysis of Climate & Energy Action Plan (CEAP) Potential topic for 2023-25 Budget Process
Refinancing PERS & Capital Debt Potential topic for 2023-25 Budget Process
2021-2023 Biennium CIP Review Potential topic for 2023.25 Budget Process
Contracting Water; Wastewater System Management Staff Report Potential topic for 2023-25 Budget Process
Imperatrice Property Lease - Regenerative Agriculture Practices Potential topic for 2023-25 Budget Process
Natural Gas Equipment by 2030 in Existing City Facilities Potential topic for 2023-25 Budget Process
COMMISSION PRESENTATIONS
DATES
Transportation Commission
First Meeting in February
Tree Commission
Second Meeting in March
Historic Commission
Second Meeting in April
Band Board
First Meeting in June
Social Equity and Racial Justice Commission
Second Meeting in June
Wildfire Safety Commission
Second Meeting in Jul
Forest Lands Commission
First Meeting in August
Second Meeting in August
Conservation Commission
Climate Policy Commission
First Meeting in September
Second Meeting in September
First Meeting in October
Airport Commission
Public Arts Commission
Housing & Human Services Commission
Second Meeting in November
First Meeting in December
Planning Commission
Council Liaison Appoin
January
State of the City
Second Meeting in January
Quarterly Financial Report & Budget Amendment
First Meeting in February
Recology Rate Review
First Meeting in March (needs to be approved by April 1)
Proclamation for Arbor Week Tree Commission
Second Meeting in March
Quarterly Financial Report & Budget Amendment
First Meeting in April
Commission Reappointments
Second Meeting in April
Proclamation for National Historic Preservation Month Historic Commission)
First Meeting in May (or last meeting in April)
Miscellaneous Fees
May
Quarterly Financial Report & Budget Amendment
Second Meeting in June
Citizens' Budget Committee Reappointments
Second Meeting in June
Year -End Budget Briefing
August or September
Annual Coordinated Water Rights Mgt. & Water Sharing Plan Report
Before Oct. 1 annually
Proclamation for Indigenous Peoples' Da (Council)
_
First Meeting in October
Quarterly Financial Report & Budget Amendment
First Meeting in November
�SHLAND
LEGAL DEPARTMENT
Douglas M. McGeary, Acting City Attorney
Carmel Stout Zahran, Assistant City Attorney
Dana Smith, Administrative Analyst
August 30, 2023
Re: Council Meeting Minutes from 2021 and 2022 not signed
Minutes from council meetings during 2021 and all of 2022 were not signed by former Mayor Akins
and therefore could not be signed by the Recorder as required by ordinance. All minutes listed below
were approved by council, although the original minutes for 2021 are not available. The city
attorney determined a cover letter with a list of the meeting dates missing signatures could be signed
by the present mayor and recorder to meet the signature requirements in AMC 2.04.040(B.).
2021 Meetings
04/05/2021
07/06/2021
11 / 16/2021
04/06/2021
07/19/2021
11 /23/2021
04/ 19/2021
07/20/2021
12/ 10/2021
04/20/2021
0 8/02/2021
12/21 /2021
05/03/2021
08/03/2021
05/04/2021
0 8/ 16/2021
05/ 13/2021
08/ 17/2021
05/ 17/2021
09/07/2021
05/ 18/2021
09/20/2021
06/01 /2021
11 /01 /2021
06/ 14/2021
11 /02/2021
06/ 15/2021
11 / 11 /2021
06/29/2021
11 / 15/2021
2022 Meetings
01/03/2022
04/05/2022
08/01/2022
12/05/2022
01/04/2022
04/19/2022
08/15/2022
12/06/2022
01/18/2022
05/02/2022
09/06/2022
12/19/2022
01/31/2022
05/03/2022
09/19.2022
12/20/2022
02/01/2022
05/16/2022
10/03/2022
02/14/2022
05-17-2022
10/04/2022
02/15/2022
06-06-2022
10/17/2022
02/28/2022
06/07/2022
10/18/2022
03/01/2022
06/21/2022
10/31/2022
03/14/2022
07/05/2022
11/01/2022
03/15/2022
07/18/2022
11/14/2022
- win
City Recorder Melissa Huhtala
Mayor Ton a Graham
LEGAL DEPARTMENT
20 East Main Street Tel: 541.488.5350 doug.mcgeo[yanashland.or.us .
Ashland, Oregon 97520 Fax: 541.552.2092 Carmel zohron0ashland.or.us
oshland.or.us TTY: 800.735.2900 dana smith(aashland.or.us ,�
DocuSign Envelope ID: CCD937B9-4912-4159-B92A-8C2261127A85
ASHLAND CITY COUNCIL
BUSINESS MEETING DRAFT MINUTES
Tuesday, September 20, 2022
View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via
rvtv.sou.edu select RVTV Prime.
HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access)
The Special Business Meeting will be held in Council Chambers,1175 E. Main Street.
Written and oral testimony will be accepted for public input. For written testimony, email
public-testimonvAashland.or.us using the subject line: Ashland City Council Public Testimony.
For oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerrepuest and return
to the City Recorder.
6:00 PM Regular Business Meeting*
I. CALL TO ORDER
6:00 PM
II. PLEDGE OF ALLEGIANCE
Councilor Moran led the Pledge of Allegiance.
III. ROLL CALL
Councilors' Hyatt, Graham, Moran, DuQuenne, Seffinger and Jensen were present.
IV. MAYOR'S ANNOUNCEMENTS
Land Acknowledgement*
Hyatt read the Land Acknowledgment into the record.
V. APPROVAL OF MINUTES
1. Business Meeting of August 16, 2022
2. Study Session of August 1, 2022
3. Business Meeting of September 6, 2022
Hyatt/Jensen moved to approve the minutes. Discussion: None. Voice Vote. All
Ayes Motion passed unanimously.
Minutes of Boards, Commissions and Committees***
VI. SPECIAL PRESENTATIONS — moved after Public Forum
1. Wildfire Safety Commission Annual Report
Wildfire Safety Commission Chair Charisse Sydoriak gave a PowerPoint presentation (see
attached).
DocuSign Envelope ID: CCD937B9-4912-4159-B92A-8C2261127A85
Items discussed were:
• On -going and New Working group reports.
• Flammable Plant list.
• Code Enforcement
• Spring Wildfire Preparedness Campaign
• Realty Engagement Program
• One to one face to face engagement with residents
• Engagement initiatives: .
o Volunteer wildfire risk assessment program (WRAP)
o Wildfire Risk Reduction (BOOTS) working group
o Fire -Adapted Landscaping Program
o Fire — Resistant Landscaping Best Practices
o Landscaping Service Providers Directory
o All Plants will burn. Good to find plants with low flammable activity
o Neighborhood Engagement Program
Graham expressed her appreciation.
VII. PUBLIC FORUM
Gerard Boulanger — Ashland — Spoke regarding budget and read a statement into the record (see
attached).
Leda Shapiro — Ashland — Spoke regarding budget. Positions to be filled. Not listed on job
listings (see attached).
Miriam Reed — Ashland — Spoke regarding the dangers of electricity.
Ashland Resident — Spoke regarding the dangers of 5G and stated reasons why.
Lynn Jorgens — Ashland — Spoke regarding 5G. She spoke regarding the dangers of 5G.
Kelly Marcotulli — Ashland — Thanked Council for their work. She spoke regarding the harm of
5G. She read a statement into the record (see attached).
Mr. Brown — Ashland -Spoke about dangerous effects of electromagnetics and who is affected
by electromagnetics.
Alan Rathsom — Ashland — spoke regarding that there is solid evidence electromagnetics is
harmful. 5 examples of how affects our bodies. (See attached).
DocuSign Envelope ID: CCD937B94912-4159-B92A-8C2261127A85
Cynthia — Ashland — Spoke in agreement with the above speaker Mr. Rathsom. She spoke in
concerns of the towers and dangers
Danny Greg — Lives outside of Ashland. — smart phones can access a lot of information but
human provided not wise. Just because we can do something doesn't mean we should.
Angie — Ashland — Spoke in support to create a new ordinance prohibiting cell towers in areas
where there are students, elderly and near the SOU dorms.
Francis — Ashland — Spoke regarding against 5G. She asked Council to take actions regarding
zoning codes. She spoke in agreement of Mr. Rathsom and Ms. Marcotulli.
Teresa — Ashland — Spoke to the effects of EMF. She spoke that radiation is poisonous. She
spoke that she moved to Ashland from Southern California to get away from EMFs. She urged
Council to not allow towers to come into the City.
VIII. CITY MANAGER REPORT
City Manager Joe Lessard gave a brief City Manager Report.
Items discussed were:
There is an odor at City Hall. Staff is trying to address the issue and has relocated first
floor of the building to other locations. Testing should be done by the. end of this week.
Utility Billing currently short in Staff.
Acknowledging Recognition for Commissions at the December 19t' Study Session.
IX. CONSENT AGENDA
1. Approval of Mayor's Appointment of Echo Fields to the Housing and Human
Services Commission
2. Approval of Mayor's Appointment of Rich Rohde to the Housing and Human
Services Commission
3. Approval of Liquor License for Sammich
4. Approval of Liquor License Renewals
Seffinger pulled 1 & 2.
Hyatt/Moran moved to approve items 3 & 4. Discussion: None. Voice Vote. All Ayes.
Motion passed unanimously.
Seffinger spoke in support of the candidates.
Hyatt/DuQuenne moved to approve items 1&2. Discussion: None. Voice Vote. All Ayes.
Motion passed unanimously.
DocuSign Envelope ID: CCD937B9-4912-4159-B92A-8C2261127A85
Mayor Akins moved up Item IV. Item 1.
NEW AND MISCELLANEOUS BUSINESS
1. Resolution Accepting Public Art Donation — "Ancestor's Future: Crystallizing
Our Call"
Lessard gave a Staff report.
Public Forum
Andy Stallman — Ashland — Spoke regarding process. He spoke that as past Chair of the Public
Arts Commission this project is different than anything he has seen since his time on the
Commission. He spoke in full support of the project.
Emily Simon — Ashland — Co -Chair of SERJ. Spoke in support of this project and thanked all.
Johanna Tuthill— Associate Planner and Staff Liaison to the Public Arts Commission gave a
Presentation. And Micah the artist.
Ken Engelund — Ashland — Read a statement into the record (see attached).
Micah Blacklight — Artist of the project went over a PowerPoint Presentation (see attached)
Items discussed were:
• Introduction
• Symbology
• Location
• Community inclusion
• Painting stones
• Statement of intent
• Proposed budget
• Timeline
• Plaque description.
Mr. Blacklight spoke in gratitude for this opportunity and hope that all resonate with it the same
way he does. He spoke that by choosing this artwork it is a permanent reminder not only what
has transpired in the past but what is possible on our future.
Seffinger spoke that this project is a marvelous project in many ways. She spoke that this is
accepting all people and making a difference. She thanked the Public Arts Commission.
Graham spoke that art is most powerful when it causes us to pause and to think and connect; in a
time of moral reckoning in this Country. She spoke in support of this project and thanked Mr.
Blacklight, the Public Arts Commission and SERJ Commission.
DocuSign Envelope ID: CCD937B9-4912-4159-B92A 8C2261127A85
DuQuenne spoke that she is so proud and grateful for this project. She spoke to the importance
of this project and thanked all involved.
Jensen/DuQuenne moved to provisionally accept the proposed art piece, "Ancestor's
Future: Crystalizing Our Call" into the city of Ashland public art collection subject to the
following steps to be completed prior to final acceptance:
• That. the Park Commission, in consultation with its artist, Mr. Blacklight, consider the
final location for the art piece that will best showcase the art installation within the
Ashland Creek Park;
• That at least two public presentations of the sculpture proposal be hosted by the Public
Arts Commission (or subsequently established Public Arts Advisory Committee) to act as a
catalyst for dialog and awareness of our past, and of our vision for a just and inclusive
future; and
• That the art concept have a final review and approval for quality upon completion by the
Public Arts Commission, and for the identification and resolution of any installation
requirements by the City's Park and Recreation and Public Works Departments.
Discussion: Hyatt spoke in gratitude of the opportunity of this project. She spoke that energy is
infections and thanked all involved. Mayor Akins thanked all. Jensen spoke in support of the
proposal. Roll Call Vote: Hyatt, Graham, Moran, Seffinger, DuQuenne and Jensen: YES.
Motion passed unanimously.
II. PUBLIC HEARINGS'
III. UNFINISHED BUSINESS
1. Resolution 2022-24 Creating Standing Advisory Committees
Public Forum:
Charisse Sydoriak — Ashland — Spoke regarding the Advisory Committees and read a
statement into the record (see attached).
Pricilla - Ashland —Spoke in agreement with Charisse. She spoke to the importance of
communication and public participation. She suggested to expand public engagement and to
work on making the City Website more user friendly.
Lessard went over the Resolution changes (see attached).
Council discussed options.
Hyatt/Seffinger moved that Council address the Resolution in 3 parts starting with
Commissions moving to the Standing Advisory Committee and then the Manager Advisory
Commissions. Discussion: Seffinger spoke in concern about trails. Graham spoke regarding
that some commissions that will need guidance. Roll Call Vote: Hyatt, Graham, Moran,.
Seffinger, DuQuenne and Jensen: YES. Motion passed unanimously.
DocuSign Envelope ID: CCD937B9-4912-4159-B92A-8C2261127A85
Hyatt/Moran moved to approve the Parks Commission, Recreation Commission and
Planning Commission and the procedural guidance of the Resolution. Discussion: Jensen
questioned Parks Commission and Recreation Commission. Lessard clarified the roles of the
Commissions. Hyatt withdrew the motion.
Hyatt/Moran moved to accept the continuing function of the Budget committee as stated by
law the Planning commission as stated by law and the Parks & Recreation Commission
and to approve section 1 of the Resolution with all the governing provisions.
Graham/Seffinger offered an amendment to the motion: Change the language in Section H.
stating to state there are two additional student youth members who are of high school or
of collage age student members shall have the right to vote provided the meet the minimum
voting age requirement of age 18. Discussion: Seffinger spoke that this could be a senior
project for students. She spoke that working with the school district would be a good idea.
Jensen questioned the language of the amendment. DuQuenne spoke that she liked the idea of
having the youth having buy in to be a part of the votes. Council discussed the number of voting
members. Roll Call Vote: Hyatt, Graham, Moran, Seffinger, DuQuenne and Jensen: YES.
Motion passed unanimously.
Roll Call Vote to Initial Motion: Hyatt, Graham, Moran, Seffinger, DuQuenne and Jensen:
YES. Motion passed unanimously.
Standing advisory committee topic continued:
Wildfire Division Chief Chris Chambers spoke regarding the Wildfire Commission and Forest
Land Commission. He spoke to the importance to both of the Commissions and the work they
do. He spoke that each Commission takes a lot of Staff time.
Hyatt/DuQuenne moved that approve the standing advisory Committees as outlined in
section 2. Discussion:
Graham/Hyatt moved to amend the motion change under Climate and Environmental
Committee be to replace the following language:
The CEAC shall be responsible for assisting the City in the following:
i. Making recommendations on strategies, actions and programs related to the
implementation and updating of the Climate and Energy Action Plan in
furtherance of its climate mitigation and adaption goals and strategies per AMC
9.40, recognizing that the Council may also request advice on other
environmental matters from time to time. The issues the Climate and
Environmental Policy Advisory Committee shall advise Council on include, but
are not limited to:
A. Recommendations for the City of Ashland's Climate and Energy Action Plan
(CEAP) and any updates to the CEAP.
DocuSign Envelope ID: CCD937B9-4912-4159-B92A-8C2261127A85
B. Modifications to benchmarks, targets, or actions contained in the climate plan as
needed to incorporate the best available science and practices to achieve the City of
Ashland's climate -related goals and targets.
C. The process for considering amendments and updates to the CEAP.
D. Monitoring CEAP implementation progress for the community and for the City
operations.
E. Changes in the City ordinances, administrative rules, and processes that facilitate or
incentivize residents and businesses to reduce GHG emissions.
F. Ensuring that the CEAP incorporates long-term social, economic, and
environmental goals.
G. Climate education and advocacy efforts for Ashland's Community Climate
Recovery Goals.
Graham explained this is to be more focused on Climate and not on the broader environment.
Seffinger spoke that she is not comfortable item E stated above. Moran agreed with Seffinger.
Council discussed removing item E.
Hyatt seconded the motion to amend the main motion. Discussion: Graham spoke that any
commission could make a recommendation to the body and advise Council but she is fine with
removing item E. Moran spoke in support of taking out item E. Graham withdrew her motion to
amend.
Graham/Hyatt moved to a new amendment incorporating all stated above and removing
item E. Discussion: None. Roll Call Vote: Hyatt, Graham, Moran, Seffinger, DuQuenne
and Jensen: YES. Motion passed unanimously.
Main motion as amended: Roll Call Vote: Hyatt, Graham, Moran, Seffinger, DuQuenne
and Jensen: YES. Motion passed unanimously.
Hyatt/Graham moved that Staff revisit the Transportation Commission because of the
Policy guidance that the transportation plan will be coming forward. Council discussed
options. Discussion: Lessard questioned if Forest Lands should be added to this list. Hyatt
withdrew the motion.
Hyatt/Graham moved to reconsider the Transportation Commission in light of its future
policy decision recommendations with the TSP and to approve section 3 as stated.
Graham/Hyatt moved to amend the motion to add Forest Lands to the list. Discussion:
None. Roll Call Vote to the amendment: Moran, Seffinger, DuQuenne, Hyatt, Graham and
Jensen: YES. Motion passed unanimously.
Roll Call Vote to the main motion as amended: Hyatt, Graham, Moran, Seffinger,
DuQuenne and Jensen: YES. Motion passed unanimously.
DocuSign Envelope ID: CCD937B9-4912-4159-892A-8C2261127A85
Council decided to move item #3 up.
2. Comprehensive Sanitary Sewer Collection System Master Plan Adoption .
Due to time restraints this item was moved to the next Council Meeting.
3. Talent -Ashland -Phoenix (TAP) Intertie Master Plan Adoption
Public Works Director Scott Fleury gave a Staff report.
Council and Staff discussed the timeline of this plan.
Jensen/Hyatt moved to adopt the 2020 TAP Master Plan. Discussion: Jensen spoke to the
importance of this and thanked Staff. Hyatt spoke to the importance of the master plan and
spoke in support of the motion. Graham spoke to the importance of this collaboration and
important for our resilience. Roll Call Vote: Jensen, DuQuenne. Seffinger, Moran, Graham
and Hyatt: YES. All Ayes. Motion passed unanimously.
Council decided to move Item 5 before Item 4.
4. Stormwater and Drainage Master Plan Adoption
Due to time restraints this item was moved to the next Council Meeting.
5. Resolution 2022-29 Water Revenue Bond Authorizing
Fleury gave a Staff report.
Council discussed a financial plan, possible rate increases and timelines.
Jensen/Hyatt moved to approve a Resolution of the City of Ashland, Oregon authorizing
the issuance of water revenue bonds for water projects. Discussion: Jensen spoke that laying
this groundwork is the prudent thing to do. Hyatt spoke that she wants to see the plan and spoke
in support of the motion. DuQuenne spoke that she would like to see the estimates and can
support this if we can get grants. Roll Call Vote: Jensen, DuQuenne. Seffinger, Moran,
Graham and Hyatt: YES. All Ayes. Motion passed unanimously.
W. ORDINANCES, RESOLUTIONS AND CONTRACTS
V. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
VI. ADJOURNMENT OF BUSINESS MEETING
DocuSign Envelope ID: CCD937B9-4912-4159-B92A-8C2261127A85
The Council Business Meeting was adjourned at 9:32 PM.
Respectfully submitted by:
EDSigned by:
SS& wAt^
WWWF&r Melissa Huhtala
Attest:
FDoeu5lgned by:
� a Gv'al�.aw�
outfatsf'M glbent Graham
* Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)]
** LAND ACKNOWLEDGEMENT
We acknowledge and honor the aboriginal people on whose ancestral homelands we work —
the Ikirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native
communities who make their home here today. We honor the first stewards in the Rogue
Valley and the lands we love and depend on: Tribes with ancestral lands in and surrounding
the geography of the Ashland Watershed include the original past, present and future
indigenous inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize
and acknowledge the Shasta village of K'wakhakha - "Where the Crow Lights" - that is now
the Ashland City Plaza.
***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found
at the City's website, httns://www.ashland.or.us/Agendas.asy . Use the View By box to
select the Board or Commission information you are seeking.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Manager'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-
3 5.104 ADA Title I).
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IS INVOLVED IN
COMMUNITY
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WILDnAE
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ADAPTATION?
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On -going and New Working Groups
1. Nuisance Ordinance Amendments (on -going)
2. Spring Wildfire Preparedness Campaign (on -going)
3. Realty Engagement (on -going)
4. Wildfire Risk Assessments (newly operational)
5. Wildfire Risk Reduction (new)
6. Fire -adapted Landscaping (newly expanded)
7. Neighborhood Engagement (new)
After the
Almeda Fire
"Everybody got to go home and
see their family, hug their wife
and their kids, their parents,"
Thompson said, "for the first
time in my career, there was a
couple of times, I didn't know if
that was going to be the case.
Can We Avoid Devastating Wildfire?
Endersx Ofl9a Oh-, IV&— dulft awildtire:
• Thousands offl"n have beendistribuled toMhland residents
and bosmessa sire the Spring Wildfire Meparednen
Spring Wildfire Campaignainttption lnAprd2 n1.
• Commissiorr Doug Kuy is inhis 6'h srcessiva )year hosiinga
cekly wildfirepreparedness tablemAsldmul's armers
Preparedness Idad et.
• Moolhly dwnes have lien a,mounced ihrawhAshland'sNixlc
Campaign cwnmumty alert sys em, Faceboo'posts.an;Ciry.—
releuses. artd kindly promoxd tiwuth engaged citizens aril
community Ipders.
one-on-one,
face -to face
engagement
is essential
+arr 1/
h
t
Increased risk
assessment capacity
nearly fire fold!!!!!
Ashland Wildfire Risk Assessor
How can "we" enable
those who
assistance to access access Wildfire Risk Reduction
resources?tskreduction (BOOTS) Working Group (New)
Fire -Resistant Landscaping Best Practices
Fire
• Follow plant siting guidelines in "hazard ignition zones'
-adapted
M
Remove flammable veactalion with 30 ft of skucWrcs and
Landscaping
from wider trees and shrubs
• Plant only "fire-resistant" Plants° within 10 ft of structures
Program
Avoid planting anything within 5 ft ofstructures
• Emphasize plants that don't grow over 21i high within 30 ft
(Expanded)
• Plant deciduous trees and shrubs sparingly within 30 a
• No evcrmcen shrubs or trees within 30 ft
b • Eliminate mmus0ble mulches within 30 ft of structures.
• Isolate planted areas by outlining with non -combustibles.
• Avoid mass plantings
' • Keep the soil and Plants vigorous end healthy.
• Selecttheright Plants!
The UGLY: - Ignfte quicWy ead often bore explosively!
Characteristics of Contain a lot of fuel and/or volatile ails, svnxea. and terpcncs
Extremely EXAMPLES: bamboo, bunch grasses, junipers, cypress,
Flammable Plants arborvitae, blackberries, brooms, gorse, and rabbitbrush.
Landscaping Service Providers Directory
.Rogue valley Und"ping .nd wildfire Risk Reduction Servke Provldam
wt-ar. eerd x.epne m.ummr.
Ne endpnamant el d,a epmpany, xurinaaa, er mmaE peezonla) are 1m 1— or matlx by .,
oor„sy, tM•ror.lo ceansarane, so-ar wcz3sr mops
LOCAL RESOLUTIONS
CITY OF COCONUT CREEK RESOLUTION
On November 12, 2020 the Coconut Leek Florida COMMI On adopted a Resolution OO SG
and radiofrequency radiation "imPioring the US Congress to alintate funding and direct a cress
discipline .federal agency study of file effects caused by exposure to current ar'd proposed
eleclrumagaelic spectrum and radfof,-eg0ency commissions on hu aaa health and the
e:Two lment in right Of the recent impiementatiOn Of filth generation techno!ogp and to use
Chose Endings to create science based lairs or rules reprarding 1'smitfng human and
environmental exposure.`
Hawai'i County 513 Resolution
The Hawaii County Council voted or Juty 22 le i,:,t SG develop.•renfs on Vie Eli Island until'
Vie controversial tecloology, is proven safe. The vote tame .following passage of a SG
pcscfutior, by the Hawaii County Planning Board.
Farragut, Tennessee 5G Resolution
Tne Farmgut, Tennessee City Council aporoli- a resolutiaa on Mxy 14. 2020. calitng en stare and federal go,emments to haft 5G until health risks areevaluated b'r'Sound klence' The
resolution detains haw FCC limi4' are outdated and considered inadequate to protect human
health by many sciendits. icrIT n;air al' s research or. SG._r;Gan>�!�rire e- r dialion HERE]
Easton Connecticut 5G Resolution
A 5G cease aid desist resolution was unanfmcusly aPPrcvad by Easton Connecticut cn may 7
2020.
Tnis action follows extensive investigations iota the issue, jhf,SG Resolution cpn br, ac:ess;l
jre
Western Springs Illinois
Crown Castle withcresv its iC small cell application fr.
West
sj
ten SPH119s. IL ater use Wlagecouncil;art them a Is±tdr. -juq ern ng!
S:�S-v Annia •alon Iinoxt
Awn
rIn Wg&r-,l Sores;-W^_.t jr._ S , es_arx=Hwdf
eerie, is have sg gilorLI =us=icon
d posy 'ii ,,F yn;ernes- �lmt is!eokln: ac •,Ice; r- iv=sites
r,Llestern i, ?_
Oak Brook, Illinois
Oak=:rock kesolpt;QU Oa;, Brook !MnOts uranimour;y approved a manic,, to p,ss; 2
— Plullons to restore Iecal con-ro! over 5G.
Nevada City California
lone 2020: Adds Protccttoos to 5G cedirancr final vote stiff: needed
Keene New Hampshire halts 5G. March 2020
Read the news article 'IVev; Iiah.,pshi!e Ciiy Caurtci%nf Ke2ne.aoe. ves tcn• n:ar5
Pan_
Santa Barbara Califomia Pauses 5G, March 2020
Hallandale Beach, Floridapaese.,SGsmallCell TnwerResaiutiw:
Danville. California
Proposed Ordinance No. 20! 8-07: Mli,-Ness Commu:liclu, Faci ities
- All facilties snall he substantially screened tram fhe vier, of S—ounding p; cpeWes and the
Public v;w.v or coiiccated with exiting faci5ios or structures so as not to treat'.. 5wb'abtntiaf
addftianai visual, noise, or thermal impact, -
-Property o•ar,ers within 300 Ft of Proposed She rn sT be notified
Min'+ii aktnrria:0n.ir3n;e. No. 20713"07 V;irgle;s CommLnitauions Faci glints POF
ttP: rr�'H3'L•t:setmrchutr:e.con/7a vl htnl
F;si:;! sr' rtists{wir=dteCn.Com/tan: 7lr: municinal-wirekn...�.dy
Encinitas, California
• Urgency Ordinance
op112fli-1- SSLe�fA{;'her nu:�'i'I urcin=_ tin. to it.:':It suite!sl.L.s a .ell
iU
Fairfax, California
Noun: Main Indeo^ndent journal EaL&-, to d,� ; fib sn Si3Pli;.
as=inst,5sa
Los Altos, California
• installation of small ceilst on pubpC utility easernenti it residontlal ncighdurhoods is
Prohibited
• 500 foot setbacks to.' small ce;l; for multi-Fami''y residences in commcrenl dis71C!s
• 500 ft se"ration from schools
• 1500 ft separation between nodes
This ordinance was passed fr. 2319. Th.r. the Los Altos C,E, Ccontli then rejected i2
aP%ications from AT&T and one from Verfinr because they didn't meet those rules. In
response, booth cell Companies sued fn federal Court am
Uing the denia` wash based tan
evidence.
P.cr-arcir. Wirea,•nerir-a.ots; The rew. Lrs Alca; ordinance "says the City Will.
excePdons if a cell compa,-y has evidence they need a site ;n a residential neigbbor,00d to
eliminate a significant gap in telecommunications co-ra-ge. The co n7ary typing I•avc to
demonstmhr. with 103standal evidenrr, in the Publk record tltai not Putting me antenna at
itaE location ,would result in an C00CFvc pronf ahion of telecommunications servicr - a tough
now to hoe for Wireless companies because everyone can make a wireless phone all on
every carrier network in Cos /Utes today. Thyordinance nth 9c,'Cai udipr re5trfCIferls or
Things like hefgh[, noise Ord Wireless Telecommunications Facility (A?:) desi3n. A;lo.-nay
Deborah Fox, who is 2prsenGn� tte city against AT&T and Verrzon, said the aordinince s
'state of the art' and she fs cocf dent :hat ft meets fed --al Law.'
Marin County, California
D'ali e5 Of Jule 21. 2019 The city iH maPraed to s'—v uherC r'qt Cell' !OwerS arc' S!ImvCd.va11Q
dr�ifLprejgyyres fqr `G rof;aur Point Reyts light
- 'Marie's draH rules se!att lydustrtal, mmmerci.al er agricuhar=1 feces. or sites near public
facilities, as preferred lecat;cns fo- ihE antennae; residential and coaxed-usc sites and
areas within 1.500 feet cf schools and daycare caters arc the !easPPrefer•e.l locations.
Carmel City, Indiana
The Cannel City Councl 1ppro:ed s resOlLBO7l on Oct 22. 201?. asking smite ti vtaaKir>, t,e
FMer<I Crammunicaticns Corn;nissian anal Congress to Emil 5G technology deployrelt it
Indiana until'the health effects are fvily undcrstcod.t
Greendale Wisconsin
• i'-saivtiur. Na. R2p15-20 ; NOYM el 2015 Tye Sind of Trustees of the ydlaea o_
Greerisfalkr. Co-ty of Miiveaukee. State of Wiscan6la. passed Resolution No. R2018.20
in N01 ember 201E in opposition to ihr FCC's 5cotember 26, 2018 Ord--- brause the
Order is an urP eredprted attack an local control of Greendale s largest assrt the
public rights-of-wly, for SG ttchnofoar: dueatens the Viltagei resconsibiry to protect
the health, safety and welfare of its res[Iunts: and threaters the Village of Gr.eerdale's
designation as a National Historic Landmerk.
POLICIES & ORDINANCES
New: T..•s;e ease rornpiled /ram FF1T research of vcvious sow —and cspecie than: you
to Lh iiciprs `orSo e r nnolosr, hfy Stree!S My h jce, Je rt7s0 for IllrEd Tact 1,asrvard L.I
mom mom
/cr their eztensx;fsourcesutilized car. f1 ri. pdga pirrusa be sure to go to ties! po.5es Err
re information.
In addition, Americans Far pesponsihle Tochnolagy has rreatnd a Sgmoie SmaL GC
Ore'P.Q that cities can use as a starting point which incoryomtes severai- although not all -
of mess issuesplEnsc download their model ordinanct and 11 l�;i;e rhe'v extensive resol at
thnn�'+, _
Massaciwttsetus
Randolph MA
SOO foot setback from any residence or bus lEss. Randolph requires a Certified engine^-r to
left;• radio frenueccy radfatio-i readings of the lower once a year and requires the tower
company to recertify its tower evmry year. .t,ink ip Cade
Stockbridge MA prohibits a tower from being built 1000 feet from a school, park or athletic
field and 600 feet away front any residence.
Florida
`The applicant shag: obtain certification from the Federal Avfation Admiulstratlon and
the United States Department of Deicnse demonstrating that the installation, does not
emit RF frequencies which may interfere with avionics of any approaching civil or
milivary aircraft! The City also requires the applicant to provide RC meters used by their
technicians and training the City employees.
Arkansas
Booneville, Arkansas
. Proposed Ordinarca would IirnY CC41 tovrurs to 250 ft mar,: industrial zoo
M 6qu E,webpeN eCeaJie99913.1159BB.^waCnenTlaS
Mill Valley, California
Urscrey Ordinance No 18, Septernber 6. 2318
• Na,v er updated facilities p,01:li led in res?denial Zones. Commercfa! on!v.
• Dcfnnd and indemnify the Citv
Palo Alto, California
City Councilrctod unanimously to approve a ti"It"ion aid amecded Wireless Ordinance,
that City Staff had Proposed. Council can voted unanimousy in favor of a motion tc d'rect
City Staff'to come back as soon as possible but lilt' nu more tnan (one V,7 t r;:h an updnicd
Ordinance/Resolution that considers• land a sur•,marair3!:
Council also voted to direct City Staff to return to Council with a r.commendati: - for'bes[
practices' .with respect to iaspectfrg enter ras
"Seeking to strike a brdance oetween federal requir;;meits and resident concerns, Palo Rim
..Pn-cd on Manday .night new fu;w for rer'eglne the furry• of aa,!Icatfo^ ttst the city has
rC?�� receiving from tEle CammL•nfC3Jon companies seekingM irita!i .hdtEm,as car local
vzrecdighN and utility pates. -
Palos Verdes, California
According to citizen; Of the uty, after c`dzen LproBf. Crown Castle began complying wit-
-'runfdPal aesthetic •cquirenients and paving ProPased iotations out of neighborhoods and
atvay from homes.
Petaluma, California
Ordinance of the Ci Council of Palaluma
• Prctect environmental resources: Prue residents against adverse heni'b cffe %
Protect visual Character: don't create sisaat blfght
• Protect environmental resources: protect residents against advcli-e hea!t'i effects
• Commeroialorindustrialtones
Ross Valley, California
wireless Telecon s-vmications FadliVes
• Modeled after MIh valicv's
• Adapted regubtions prahfbit (acikties fn residential and desvntovm zpnfrz district
• Requires equipment to be placed underground.
SAN ANSELMO. CALIFORNIA
Council policy
• people withlr 300 feet of Pmpostd antenna v.1h be notified
• Tovrn fs entfued to empay independcc: consultant at applecan's esper.;e to evaluate
sxceptfons
San Diego County, California
"SCWs shall not be located within 1.000 feet of scaocls. fold care centers. hospitals. ar
churches. Distancc.,md:out regard to inteh•enine stmcru•es, shalt ho p st,-afghl Brie rneasured
from the closest property lines.'
San Jose, California
Negotiated agreerrrt
'Officials made imprerd access to arts,; with low interntt panicipa-ion a ofotcrditior fa
reducing fees._
Sui5in CA
500 R 5edaatk anal ali fJrifihot oe:mittad pursuun,• to this rhapte" shall mroh, v:iM tit ADA.
San Anselmo, CA
300ft setback res;dants notified
Calabasas. CA
1000 rest setback to- Frill sells.
Westlake, CA
500 feel setback
San Clemente, CA
SW feet setback
San Rafael, California
I e•.rt the city and courts government To chtadY wy no to the r.CC,' sold residrrd A�tnur Settle;.
"Na iG installations of an. kind in Morin. until it cep be proven safe for uF wid the
envlrcnment. Sar16,fael Cali!...2tfi;;fals b/our. to I7ten SG P,e•v •: tion
• ;;ar3_R3fdel Res:deytiake Pre-enl •vx� A in . SG
Sebastopol, California
City Courci! Agenda Item Report and Urgency Ordinance tRecomrnended;
Puroose: Institute a moratorium on 3pppcaticris for small coils in the public right -of -,ray
until adoptior. of a perm3nem ordinance
Sea Pci.S�f'•fQ:tjli_C.1L%,r +Lri7 Aeerda = R Oe,, and Urge ,, r Ord
t•}QyaW iUln or•. Small CGIs in 1 .a ublir i'=" -f`t !i r s a
Other Links
• .ntl;s:iJsett-n!ists4:•:iredtr_4•co+s/s�e,¢,�{pit
e^-�L_^sili-ipdel
• hjJsgfl�,y;j(erJL?yC2aicc.con?:sr:SasLnOcl.html
Sonoma, California
Report end Urgency Ordinance
On Nov S. 2016 Soroma W&rn� their 5 G urgcrcy ordirance.
500 ft sctbac!: and residents notified.
'Based on the f-atsohtT, the City Cou,ci! finds and detc-ices that the irsmsdio!e presen a:iun o;
the pubi7[ health. sdfety and w'e!lure r5riirircs that th" 0. dmarte he efts Cled os Jr. urgency
MC'rlLrCe
• Ineeme'tf�tiao clause: "Each licerlsr, grantee shall fndr mnity and held the Borough and
its o•fficcrs. employees. agents and representatives harmless froth and against any any: all
damagrs. l0ssC5 and evpensos. Includ!ng rca=onl''fe altomey's fees and costs of 5ait or
defense, arising out of, resul:irg f•om or alleged to arise ou; or or result from the
negligent careless or wrongful acts, o^Issioas. failures to act of misconduct ,
g the
grantee or ib afflfaces, officers, emcioyees. agents, contractors Of subcontractors In the
construction operation. maintenance. frpair or rein wal of its Telecomrminica:ions
Facilhres. and in procidng or vfferinp Telecorrmuricadols services over fie facilities.
svhetner such acts of O:- sslons are authori2ee. allowed or prohibited by this Chapter or
by a grant agreeswnt mnde or entered into pursuant to tfli5 Chanter.'
Ithaca , New York
• A 1500 foot setback betrreen artencas (okf code; 0 Feet)
A 2•-0 foot setback la twBen aolernls and hemrs •seitoois !old code: B !"t)
• Requirirtp proof of a signkiranI gap in service covcra;e for any antenna. proven Cry 'in-
%d'm :estinZ !such.•, drive -by tests and draped calls;
• Clariying that on applicant's claim I;Iat It needs the proposed rower for •furore capa.;ti
or to 'smprovt coverago is not sufficient to es,ab6sh trot it suffer> ;min a signJrcant
gap In coverage
• Estabrrshing a procedure fur any disabled Persons sufferirg from EHS to submit
request0grsevances in accordance with tilt ADA
• Eaabiishing that the codas app!y to all svf!eless b'arsmitting anternas. incfadirg any cr
P^srate homes (aimed at the OTARD challenge;
Deputiting any citizen to test for RF emissiors
• Prote(ting against rcdu :ions in property values of PrrPOrdes shucked near wireless
facilities
Requiring that fefything submitted oy the apolic•,art is done ro under oath and otna'ty
of Pelo)
Scarsdale, New Yolk
Scarsdale. New York Passed a Vhsr .Jos DAV!). y To Lirrat C17 Anten as 500 Feet From
Home, Schools and Daycares
1. Pre- and Post-ineWpation RF resting rcgviremMLs by Ind—nd^nt contractor;
additianal!v, routine annual .monitoriry
2 Locatop. preferences iresrieted zons) ,,at Ienlnre so-ldl exeepliars for installs Eons
Any location eAthir• SD3 feet from a lesidentlfsl dw welling unit
o•.,,se. throat• Io. ccourassse,r-. iss.emnxtar rnus
WALNUT CITY, CALIFORNIA
• •Teiecommunicalicn tmv:•rs and antennas shall not oe iccated within 1.500 fee: Of at
scnnOl (nu+cry. ele.nercry, junior high. and higl: schoorl. tralt. park ar u,adoo-
recreation anti, sporting verues. and resfdencial zones:
Warren, Connecticut
This policy defines adequate coverage and adequate capably. It details that itwas designed
to logic toy:ens and/or antennas in a manner witch protects property values. a. well as the
general safety, healtr.. welfare and quality of life of tht citizens of Warren and all those who
visit this LOmmunity. minimise the total camber and height os. towers 0lrooghoct Wl and
provide standards and requirements for the regulation, placement, design. appearance,
constntetian, itnitorie5, modification and removal of telecommunications tacil1l sand
tower[.,
BURLINGTON, MASSACHUSETTS
Town of Burlirgtoi Policy Applications for Small Cell Wireless Installations. October 22, 2016
• Small Cell Committee drafted a policy w:H arrual recertificiluen fees. Vetzon sritldr env
its application. concerned by the crecedent it would set and cuestionirsg i, legafrty.
Vernon attorney M-. Klssnick stated 'My client respectfully requests to withdraw the
potluon rather than nave a fee' he safd!,�ATTV1
The TLiL7..n1.�l1Lf!n rtnn Policy r Apn i;atia- for Smal��=11 v�nreless I,;ra,l: t:ors anornyer�'ry
the 8urlin¢ton Bn;dd of Scicctmer nn Gc�nber 22. 2JiB phi
According tc BCATN V=si-on Drocs Sm II a K'irolps Rooste• A.o;r..,t; n_In Fa[a of Fees;
"This werk5eleccman Jim Tigges. the board's representative on the small Cells Coss:-+itcee.
said the group had come up with a now policy far small cell applications. The policy cortafns a
number of provisions while filing an aoplicationincluding setting installation feet., listing Ihr
town department that must receive a ropy for review and setting up the tlmernE for approval.
Holyoke, Massachusetts
Drab policy S500 fee flat Oily InspOction of rooftop poles: roofs every 2 years
• HOiyokt'nas submitted an o-dcr from councilor L•artley Rolwn to lirnit eau!omcP, and
reauirc $500 apiece per small cdl S500 may exceed FCC limits.
Pittsfield, Massachusetts
iamoosed Section: Wireless Comm,m,codcr,.s Fo&;doc
• Telecom company must prove orefcred siteley.!sting structure does not work
Pittsfield Masgachusett�' Pr000snn Ca-ri,.n• t rm! QMD2-, "r Facflru'rs ?1F
Little Silver, New Jersey
• Carriers should p. ovfde notice to property ovmers within rive hundred;5?7'j feet of the
proposrl Telecommunications Facility.
The aop9ca,L must demonstrate to the reasonable satisfaction of the Borough that ro
OvfsflnR personal ,firefess Telecommaoicatioo Sr trice Facility within a reasunable
distance — accommodate needs.
• Any location wittln 500 feet loam a daycrrc facility or school
• Any location within 500 feet from a house of wonhip
• Any location sdthin Parkland
3. village is insured against any liability for personaf injury or property dam.;ge or d ins
Pctaining to RF exbosure .
a. Existence of appeals process fee MWO hearing in Iront of Plarnirg Board'
Copake New York
Pretesting and post testing by RF ergineer
Annual morforing of RF emissions by the icdeoandenl RF engineer using 2:tua' fifJo
measurements
Hempstead, New York
Wireless Comnurica6ons Facilf!ies
• Requires a special use permit for ce!I towe m that encourages location of new wireless
facilities so as to minimize their Impact on ydsto6caliy stnsrzfvt areas arobrd ncsfdences.
schoolsh;uusa•• of worship. day-care centers. Seven cOasidcratfo i factors are fisted it
ordr. from ..r a to least preferred, With eristin; towers being nos,, preferred and new
towers in residimdal .ones least protested.
• Prohibits towers f cm exceeding a height drat per it! it t0 operate wi!lioUt Dell rectal
lighlfns
Alto -.vs the town to hire consultants and do Inspections
• Seta hoc srs;.dul£ of 5500 pe r pole
Mason, Ohio
Zoning O: dinan;,e Wireless Cormnonications Ssatems
• No smab ;dk in %esidentral art:as or wrltin sa feet of Property usetl fps :esiacntiat use
• -Small cells must be 21300 feet apart (unless cotocatech
Lancaster, Pennsylvania
Zoning Charges via Ordinance. 9.2016
• City Cotmcil nushid L•veugh ronin changes to declare many streets off lim!ts to sew
poles (-to the, could be much taller than eriytn,; ones)
• Public Utility Commissior stripped Mphi,kie and other dWrIbuted antenna comlaries
of tdility ;tams,-sear�Ing that they would 1.9, get any more'certifica;es of public
convenience• in Pennsylvania.
More This Pst was compiled from EHT resenrch of various scurces Cod a special thank you
to Ellalri a Mr Sofc TeehnofosY.EY.,$frtgts„Aty-Chaicg C.Id Lest-r!ML0=far their cxie ive
tesuwrtsPleosc contact EHToo add Ycur Citic; infairatloo tab /ycIrftuscoryusaotvemalame,
to-Iklit•artdcarmoFwirekst-txiYtlex-small-cNh.M-rial,tr-of:want
nw,syl a"..yv, o cm9na9�9+x.oaw:�ec:zaon.0
Mayor Akins, Courctil Members, and Citr Staff:
I'm Alan Rathsam, native Oregonian, Ashland resident, and retired
mechanical engineer with AS and \1S degrees and a retired professional
enguuering license in Califomia. My 35-year career in public service, as a
federal employee, was in the Department of the Navy at the research and
development lab in San Diego.
Four and a half years ago. I joined Oregon for Safer Technology and found
another opportunity for public service, especially when presentations are
needed about the science end effects of wireless radiation.
I'm speaking this evening for one reason: to assure you there is solid
evidence from independent, internationally recognized scientists,
doctors, and epidemiologists that man-made, pulsed, electromagnetic
radiation -is seriously harmful to all life forms. Effects of exposure are
cumulative, as with X-rays. Elecuomagnetic sensitivity (EMS) can appear
uru:xpectedly and is a lifestyle changer. Those who understand these
disturbing realities avoid this radiation exposure wherever possible. This
is why many of us speak loudly for maximum municipal authority to
regu)ale placattent of wireless facilities in our City. Don't believe FCC and
'telecom -industry statements that overall science is inconclusive about
harmful effects. These false statements are adapted from the `Big
Tobacco Playbook.' to keep the public in doubt.
Mart -made pulsed electromagnetic radiation uses modulation and sharp
spikes to transmit voice, video, and data. Pulses of energy hit us million
of times oer second. Here are iuet five eramples of how this affects our
bodies at radiation levels far below those deemed safe by the FCC.
1. Rmly voltages are creared that disrupt the regulation of our systems.
2. Abnormal voltages cause excessive calcium flow into our cells, which
leads to DNA damage and cancer over a period of years.
3. Blood cells form string and cluster formations that cannot pass through
out- fine capillaries.
4. The blood -brain harrier opens with exposure to the head, which allows
toxins to enter the brain.
,ly r-Mlnul" Ceunal Sust—_P,EIK rd 9.2e.10.1
Ow.919n e+aence l0 CC�9]189a9�Ia,Sse92A6C2M11]]A85
�� xn
9/20/22 2✓y?
Good Evening, Mayor and Members of the City Council City Manager
LessardrPAC liaison Tuthili, and Ashland City Staff.
I am Ken Engelund, Chair of the Public Arts Commission, (PAC)
together with Commissioner Cassie Preskenis and artist Micah
Blacklight. We are here to speak in favor of your endorsement and
acceptance of the staff recommendations of this site -specific
sculptural art: "Ancestors Future -- Crystalizing our Call," as a gift to
the city, and when completed, inclusion into the public art collection.
For the listening public, the work has been endorsed by the Social
Justice and Racial Equity Commission (SERJ), the Ashland Parks and
Recreation Commission (APRC), and on two occasions the Public
Arts Commission (PAC) following months of engagement with the Say
Their Names Collective beginning in April 2021. Council can rely on
each of these endorsements. The work was discussed extensively
with artist Blacklight at the June 2022 PAC meeting. It meets all of the
criteria for acceptance into the public art collection.
Citizens and tourists respond to public art work associated with their
individual lived life experiences. Decedent's of early settlers resonate
with "Pioneer Mike," Chinese Americans with our recent Golden
Dm,SlyiE",nl�e: fLb)]a9a9,N+laen no tOA6
+. Abuotmal neurological development and life-long hcahh issues alihet-
children, even from prenatal exposure The Russian Health Ministr_,
advises that no one under 13 should use a cell phone.
These effects can cause dozens of diseases easily a,tlribtitable to unknown
Causes.
Please contact nic to loam. more details in ray one -how presentation.
The solid science of harmful effects from man-made pulsed
electromagnetic radiation, at the cellular level in all life forms. does
not grant a waiver for ignorance.
n h n.rahs: ma eb+'eln!rd.tt r
vv 2%linam Csunll—el _EYMr'n-9.201022
O—SW EneaMle: CCan2aGKR�+59e9]AdC]Mt1RM!
-2- 9120/22
Connections sculpture honoring Ashland history and Chinese
laborers, and Americans with Indigenous Peoples heritage
with our "We Are Here" sculpture. So will all of our cdizens and
visitors and especially African Americans and people of color
resonate with this work. Visiting tourists and OSF African American
actors and performers stopping over between San Francisco and
Portland will learn of the work. As more fully described in the
recommendation the sculpture speaks to the loss of Fines, legacy of
race relations in Oregon and Ashland.
It may be challenging, yet is important to contemplate. It beckons to
a path of healing and inquiry, and expressed values of the Council.
PAC will follow the fabrication process, and will complete a final
review and report to Council of the work upon its completion.
The Public Arts Commission soon to be Public Arts Advisory
Committee looks forward to working with artist Blacklight and the
City staff for the Informational, educational, and participatory
outreach public presentations toward the ends of; dialog, awareness
and healing; and for building community awareness of our past, and
our vision for the future for pursuing inclusion, building bridges of art
understanding and appreciation, and becoming a more united and
inclusive Community.
a,.a�.�.,,MP,ln��pga,d�.gr,a y9paq„y;Ar,rl,aas
-3-
The completed work will inctuda a statement of context for
understanding when completed. Artist Blackiight will speak to this.
This work will be a key element of Public Art Forums required In the
recommendation.
Next to speak is Commissioner Preskeols, long time performance
artist, teacher and early participant in the Say Their Names Coilective.
I will introduce artist Micah Blacklight following her remarks.
p A #
Symbology:
The Winged Figvro:
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uc me9eamWro..ledge.pwpae.au.binrc1n65�nrlr+nwu,llrvcwpregesent,narcerm.we
es,r,aenN, erame�a.�r dxKeuw,, ceN+vr «nd»,yv dr„o.q, n.Yd.wM1a, awn mmee
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grutrtuMenrand\y,,naFMdlnq Newrym aMttxGk P«ad MM14tleaN.
The Presence efthe r.—ook
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The Sparefn Nis Crew
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me%oeOC +;Se9giAaCt:e,. - - I
LI s, B5 Hello!
mywn.1l Mloh BlackLlgh4lagfi (ud Itr1bt teacher,
'and cadmunitymembaraidf thklcniy ptoposal for a
per—,dSayThei, Names installationin Ashland Creek
Parkentid d: ..
�Aq,festo/s Fsrture:Crynall@ing Our Cnll- -
I am grateful for this opportunity to
present my concept toyou.
My hope is that you resonate with it
the same way I do and that you aid
me with this visionby choosing to
see this ,piece grace Ashland Creek
Parkas a permanent
rernlnder notonly of what has
transpired In the past,
but what is possible in our
collective future as well
BOOK P—-Y—
Th
e W'mged Dome�The danxdw gg, re esms a,Ndd. I—e's
dx9Rdteded
daswm ndsrn smn aM h—d,rothe Pag.'retel
Ilterd dx.gen of weeth—in, sleet. has anti
Symbology:
The Different FnishwfMetah
I,Mrmffi,rgme ,mbr4lwnamlglatW,,dr ��dM tilt Will— „Lendfie —nePPwaeu�d,ed
leekin,wg,,,—hmdth, ms.v p ,—Igps+nmrgo po o,fiemdsparrt.waW enaa.,w
levels dexpenence Mat are g N roh veto t,le pWm In a,se, M usW ,ek, any turd
of heed..V and affect nyttlrrgleT1ydes. ta suswm,bletn,rg,.
nW�
Yo—s
r�.
*Anoteon location:
From Railroad Pork to Ashland Creek Park
o'ginislty,k vas myiN,N..nInI—IN,pia, rat in Ragroad Pa,k saow.wn after Wit- bitofde4,ber,!1. ildt ng
discuseon wim Perksend Recap Mubg'j sImnt.My uteedon A,N.. C,— pah baaose IN, pan[ .park is,01
Io ng/a III Idnnllry.HaNrp'GyuaX:ing/heirarInztaikd therecould g- long." wayI—d not o-Jyesf N[IKnq
.Iona ideebgirel and grtistic dmtiyrorthe park and perhaps even the neyhbwhom. bpt cwidve,y we11 di— future
maa—fa the tlewiW—mme sptcem a'I sorts d compllmentary and p ,40 &adorn
b Sa Thel Names
a lrrstalla[ion Lttatim:
y?f Aland Creek park ..
Let'slustputhim
right In the center there.
Ifs Gke lh e s pace k -ft"J In,
Zhu, snd one I saw t I
d.Wdygae ct.
Y the poss IAKII.A
area by
-Community inclusion:
I.lantlsup n5 Nmkhwoukl EesuPer coal as
qd amyw,c m m c mmmu pith whc vrana ro
I"�J; m,r,owte.mcome ^clro,adarrortwotpne
SF Eelore wed atka2o alav plecerMnldme
•,F a,lpiu,e has waurn6'.o hNP remove
oral of me errant EuslK� help clear and
v. -.t" ve:eMC _ psptnntrpmfickiMtc
i '�t�iu frower:w9ruu erantlme endpn.eDbasS
aq ,.. son uwel assauingyd,rcratngaM helpirgtn
place hesteppirq sk+rw.
_ m tort 2. perhapa moII pntem<ompwlentdthe
`P, 'n. � �. community indusron pkc.,kbh.vee page
' caXed'Crysnl4inq oa Glr'.
rtng d a mlaclivelyd,atyadiv:ement of
mM by and for these th <ha cmnm a rvry who
whdeneartedysurgonttnsinsuleew�
will be and Ner%ion h repese.o pMek
ein ord,. ded.adonaM determinN.d—onto n.b fostaaa
shire Poweefunyhearingard,vnteirgsp+ce Girths
city during ehei.lilebtsec
A Ang&rtpping--
mnnof Me cotvnuriry
placed in a drcle around the figw
N Im1[a Hewers to more dandy
fpa<e with him; perhaps Io read e
rumen e[dcd Mto the bonkalwd,w
hudtae Ixneam pis wings when tM rain
catches Ram u,uwa,n.
bers
m
One on amidon P,aW, corrirg to me
paM to mMitate v Gke a mmwn d
inhagxcGm—the epee he fides IrMd]g
Ilu[Hdsodofpea<NW mnternplalion.
In thns ,, he may xrveas en aschwfpr
Neoeaelon o/mmmunlry and mmvM-
of deeps undescanding in a .ery rut aM
anyJle wq.
OgaSpn Emekpe e). CC09])aqap12a16geggMC226113)MS
KCI Waterjet Cutting
Kciweterjet.com
Local fabrication, assembly and high -precision cutting team with experience on
projects ranging from passenger boarding bridges for many of the major airlines
to custom fabrication projects like high -detailed feathers and sculpture arrays.
They will be responsible for constructing the wings and etching the names and
words into the tome as well as any additional aid needed in terms of install.
MATERIALS CUT
PLASTIC STEEL ALUMINUM TITANIUM CERANK -COPPER
CAEPON FIBEP. FOAM GRANITE RLIBBER, COWO`d-f GIA75
AND MORE.:.
.—I,n Enve-vY mus;i—atbllYFBB2AiCI261I.—
MY TEAM
Collaborators:
Jack Langford
Local artist and recognized master sculptor skilled In stonemasonry, metal work,
glazing, casting, and more with literal decades of experience consulting and
creating large, public sculptures in Ashland, Dubai, and elsewhere.
He will mentor me through the process of sculpting and casting the face and
jewelry of the sculpture [bronze]
We Are Here [Bronze Replica]
pod6gn Enwrap p. CCDg]nl0.agt2JlegleihaCYl6112)Aa5
A Ang&rtpping--
mnnof Me cotvnuriry
placed in a drcle around the figw
N Im1[a Hewers to more dandy
fpa<e with him; perhaps Io read e
rumen e[dcd Mto the bonkalwd,w
hudtae Ixneam pis wings when tM rain
catches Ram u,uwa,n.
bers
m
One on amidon P,aW, corrirg to me
paM to mMitate v Gke a mmwn d
inhagxcGm—the epee he fides IrMd]g
Ilu[Hdsodofpea<NW mnternplalion.
In thns ,, he may xrveas en aschwfpr
Neoeaelon o/mmmunlry and mmvM-
of deeps undescanding in a .ery rut aM
anyJle wq.
OgaSpn Emekpe e). CC09])aqap12a16geggMC226113)MS
KCI Waterjet Cutting
Kciweterjet.com
Local fabrication, assembly and high -precision cutting team with experience on
projects ranging from passenger boarding bridges for many of the major airlines
to custom fabrication projects like high -detailed feathers and sculpture arrays.
They will be responsible for constructing the wings and etching the names and
words into the tome as well as any additional aid needed in terms of install.
MATERIALS CUT
PLASTIC STEEL ALUMINUM TITANIUM CERANK -COPPER
CAEPON FIBEP. FOAM GRANITE RLIBBER, COWO`d-f GIA75
AND MORE.:.
.—I,n Enve-vY mus;i—atbllYFBB2AiCI261I.—
MY TEAM
Collaborators:
Jack Langford
Local artist and recognized master sculptor skilled In stonemasonry, metal work,
glazing, casting, and more with literal decades of experience consulting and
creating large, public sculptures in Ashland, Dubai, and elsewhere.
He will mentor me through the process of sculpting and casting the face and
jewelry of the sculpture [bronze]
We Are Here [Bronze Replica]
pod6gn Enwrap p. CCDg]nl0.agt2JlegleihaCYl6112)Aa5
Dam r ro'. CCOslms.•s1E al SY 09U BLEM11ElMa
Eric Cislo
Local metal smith with extensive knowledge of large-scale framing, sculpture
and metal fabrication across a wide range of applications and over two decades
of experience. He will be responsible for fabrication and assembly of the figure's
body. ]He also works closely with Jack Langford and thus further strengthens an
already powerful team]
I have already approached each of these collaborators with this Idea, shared the
visuals and gone over logistics, and every single one of them is excited about
the possibility of contributing to the manifestation of this vision. These artisans
will be my primary team and I am In touch with several others if the need arises.
t
/fit.-
.:i.
"afe)c�bKlrig .,,between $140-$160k fir th 1, project with
M: they4.#,Oi l)jtantl Th reason forthewide margin is
eountun7 resgjli ehall nges, shortages, and pitfalls, as
3ely inflated prices for materials at the moment.:
RELINE
Aside(rom the time It 6 to, -rive Il die penni; ecessaryand _ -
p umUt��¢ Uiegr Ightfro is sC hdl the largest question
3m knterin'�tewill be nomaladriimstr the lag and fundralsmg.
' q 1Nf: ell bl aaar grafts p ivatefund s individual and group
rsdra}s,�ng ]r]fl Oprj#bwnsardllsd ike yo n pnacussethimfurid,
{ RCY't{elJ,l�ot)�, }NS proJeetiiWlity Bts[itwill taketime Once we have
d7R(Gytrlr<tha,It ire, Era anyimjl mishaps, we feel we can have the
1 5y, y� x,}tf i[� id IQi yIepldpd jrW!"withins toeight m the of
M.t
-.
UK OF I
Z £
2'
tea -offring is ai fullya "ed'comial t sculp ere voted
00' both th 4,Zandth PAC and a large faction
2t�Go1fimtytl[g ready to be installed nAshla dC eek Paik eta
�idD 31r'dy sanctioned by Parks and Rc,, We will handle the bulk
4t' t`aismy, procuring of materials, design and construction of
e
„i.,, '}• THE OPPORTUNITY
t As styled about � • r offe mg thi@ piece as a gl(t to the uty, the
'h / _ `ider shi d "a id the [trague . ley, to help foster a culture of
�
ojiand_ embodlediso6iiandto serve as a perpetual
yvej�U(sd"Y lltlgjvfStriilSfiffRlotjfo eopdnue workingtoward an
K ',J dirt �f u Infb"}S a[ea�Wwantt offeryou the opportunity
r �t$isel(tt�pr vyRhin [his undertak n9 and think one really
l4CyQu to demonstrate your comrnittrnent to the values `
$SX(3U�ed<dnccrni g Dwersity, Equity and inclusion would be
;hs„ r1d end I tall including cement for the footing, and
"ItgLr>to oversee that aspect u(mstalla4on.q/pir-
�e j: ,.f8:� • �"'� �.,+.s�� �! Ski ►�I�IYr
My name is Charisse Sydoriak, 622 Holly. I observed the Council study session last right. Shaun
Moran asked a core question: "What did the City Manager consider when he developed the draft
msolution7"
We leamed that (A) standing adviemy, committees were selected baud on the frequency in
which the issues wart brought forth in City Council meetings (let's call this the squeaky wheel
principle). He concluded (wrongly in my opinion) that the five proposed standing committees
represent the core values of the citizenry. There am other "cosy' values that are not represented
by these bodies, such as the values and services provided by a healthy environment.
And (H) management advisory committee, (quote) "ere nM really necessary because City staff
will reach out to the public for Input" (end quota) but the cities of dismissing the majority of
commissions would not sit well with the public so he came up with the management advisory
committee idea. He stated multiple times that the purpose of these committees is ad hoc, and
their duties would generally end in about 3 months. 1 believe this portrayal is unfounded for at
least two commissions.
The Mayor posited that perhaps the solution proposed was Lips addressing the core problem —
inadequate communications. I agree. The City Council's interactions with its commissions is
locking. Ifeach eommisslon presented a work plan followed by an annual acemantabiliry report.
City leaders would gain valuable insights and guide commission work. Had a cost/benefit
analysis been developed as the public requested, t am confident that the City Manager would
find that serf rime taken pales in comparison to the increased capacity and benefits that some
commissions deliver.
The purpose of the Ashland Wildfire Safety Commission is m "provide advice and support w the
Council and City departments and education to die community on wildfire issues and plans for
mitigation action. Specif Ily, the Commission will function as THE ENTITY to foster the
efforts of the city of Ashland to adopt and achieve the goals set forth in the Fire Adapted
Communities program. (Ord 3044 with amendments).
St.,. the City of Ashland is the 9' most at risk community from extreme vdldfe. in the Sure
of Oregon, and the threat is worsening—tho Almeda Fire showed us how vulnerable we really
arc —how can City leaden agree to eliminate the crre commission whom purpose is to foster
Ashland u a Fire Adaped Community? There is nbsnharedS no way that the City Fire
Department can do thejob on its own even if it got more resources. Everyone needs to get
involved, starting with our leaders, if Ashland is to survive the next big wildfire. Every value
raprese ated by the five standing committees aands I. be ineiiawated or damaged by extreme
wildfire.
My two questions for the City Manager am:
1) How can a body with an on -going functional purpose accomplish that purpose as on "ad
hoc" committee?
2) Does the passage of this resolution obviate the existing ordinance which created a
commission with a functional purpose?
Thank you.
fm.0--"ID:CC0g,1�01g-11k&BkEMgC11C11ETM3 Dowgpn Fnvdppe lD. CC09]'I04191 E-IISBL9EMR:EEBr 1]1M6
DRAFf+9O9fgsII
b AMC 2.10, Urdform Polkw lOp:raing P—d—fur Adm-ry Canmissiom
RESOLUTION NO. g9g1-11
mrd Ba-d, bel,d j Im membg and bmmhnc<,and ride-f.d-p Ni—
R. Adviwry rommhkv member sho6 sera u Wirbuls ebmcising Nair own best
jrbecmem vW rtdudekgmes fm lhdr rtslenive-rgmiradrm orgwups Commi....
A RUOLMON FSTABI]gNPiG Cf11r COUNCIL. AND
and Nek mrm-en mm ml olhrbl reDrcr<ntmivc -fsk tin at AsbanJ vsd mq ml
MA.'rAGnfEl`F ADNSORV' COMAIRTEGq
+uenUlleircwnmiu«; reromouodarlons ar IMir f<rrolul opinloru or pninu of vkw u
mprerea se of she GH's puli.y or op:rm not perlxc wa Primbtpeakiry pdJ'mn
m knilrordmk rtspemr«pnrl:nry wrrmira[, memkn mot a<nrc Jp pemrlsinn or
RECITALS:
IM1:k romnrinee to repcamlllx aedridm m rtmmrmr6 rbm of Ne'v mmminm.
A 3VMem dp dlu<u ofA<hprrd lure sakueg hiroryef wlwlary arni«aBl[ir
C. Aquaum e(eech saWLrg advurY rommrn«ihsll mvml of ivon Nanom-falll'=)ot
wmmwM, Imludingm W<ismry botlles m Ne Crry NnaNaW lCMk and
zM1v aW mwbm of M emrevs CouuiHnNhm<d vonog mcmkm, bus in m cpe fewm
Nan W«!71 mrmkn Aplmimed vaing and ilmwiv<m<mbma of a landing
B. R'h<w Ashland ridumhav imporum pmnid and uuhMmlkmwkdgcmtszua
Wviwry ivrmr i!Wm ml a1 of
1a.Ibtlit—winll<rmu mem.—
and,n irepormnl tor- qudinafllfv in rk city ad nn tlu op«abnil
.—T.
IFch Wrlary canmhkemmeat Ishalr Nonvming exroRein mer^kn,suR. >rvr
6,
f A,hwA
eRe<drm<u of lac Ciry of Ashhrd orgeninlbn; and
liaisam do ml couN awaN Dm qumrvn.
C.KTmemIkC'iry Ceuocllorme G1ryofAzhrab hu mr Npr<mbprommingwmin«d
Appdnad vmirrg mJahcmnp m za,-omo Wv'�wy mmmirae needmrk
mmmmin'ponuiyrme b atrizing drc Cln C—iI ud Citymamg<mmLL
psmohyalolly prcnmt m. m«ring ifopdrer mem¢of armdmoe(e g., ukpwo .Inrmn<I,
r)hm IblifiM by the mnnkMiy aM public escnngs law r[qubemenbn
s At kW vmajaM of tls gmrvv ro adep mym ems
NOSY, S FRE, CRY COI,'NCTI.Oi TII6 CITY' OF AENLAND, UREUON.
mry reqube Ne alrimuri.[ talc afar 1cev Ism rlrlrJs of ns mmnkn Prrsrns�
RPSOLVFS AAS S FOLLOWS:
A voting oralrcmm:v<m[mkrofasuWirq Wr'mneanvritmealM.nm
[ Igdpa mr:s a bah Ik�r mmurrine<'a duirysrson rd rk Ciry Manage, appoinrcd
sErnGN n6«arnmwm.
mfea:
1z6k. wmzing—Turl mhnrtpl dbhm s
maR include1U.sY
admalbs phbvry rcmmgl«, In Ne evrnlm uroxisckd-r eosrgmey
aburN<. the mcobcrlM-IJ nnlfy 11 Jradviwry mmmiueis dmi... ur she
A. Each Wvisory commisltt shall urva mINY a m Wvlsay body w'
vDpoinrcJ smBsuppon "vdividual ssirhin a rcasnnaM1le nmc in advaac of the meeting.
mendelbro shall rra be muihrN aCity plym p ¢Mklhrg,f aitn pNiry
e' foal decisi«s of Nc Ciry and art lhwefom misuDJea to WmhJshmive ajrdidil
Ifrk nsmknin armdavice do mt mesdlm<v quermn, Buffminviun nraY make
appras
INormvioml presntzmbm pmvlGtl f 1) Nous dnrdbing Nc prcvnutmro aW
d¢mnbre me mwm and pemN m tM Ciry wel¢ir< 131 ro mating dAae or sao or arty
Eachadvimry mmmiu rNlMIIprnride sepia Na draa 11a mMianib the rmmiorrin¢
gran JmWrnerrk m pr ge.mamvm.germy md.hbl na« m «[mnlre a
odsrel(rial-rn'upss oNcr Umn Wjc men PI«e;rW l7)all lopes Wveniud
me armrmli<aln wda a N<aBmW ourbrb;k nmrr mguwly wkAJN m<dNg
wmiNwmirr piwen or dril rigfiu invemisaayamfxmmnd mNneiry. Anmdme
hab'vzgsy frMMdieg Wrisery.amrebsesmkra whm -
D. Smwift Whcry emmm�nvs mq rcgmer mlunWy'tesdmary MA pray rwsmmplm
of d.hrcglrimd -efwe lkyM pem'mn bf Ier nna« rasing rigfns el
IWividu+l ar org:mizationwiPlsem E<&n<iswruryMnqucstima.
adngv Tk Gn dim .rss:npovidopl.n alum m:.mrmimm
rrpdme toallstbi g advisory mrrlmiw
E. Adviwry bodesour wd—l*b9dpr<ily WrF ;mnrmlum wr meuersofmmuW
miwillkrrapoumkfor
i,m,Csmm
aligning Chl'sevTwppon fmthe workofrk ativiwry mmmin<ev
'
Iraez[ss In Demmrenfdes<lop—INUO Mli ya hog r^ Ilef.iry Cr'w orCin
Mmmgrmem. 11 svJl k Nc mpsmlNgn ofdvlsay mmminx cMirisrsnnr a svwk a
Except tiod—i—dap k—i rmWbg Wisory fbm f.....I.w,Apolrchn
mJ mMinB and mndurl asks <nwimenJ wM Ihose ut foM for<nmmiuiom aW -oaW.<
ninTwallyurl«dedammd-l1. aclivi<in orrmrdirWionafmvl<n belucen
Neir canmitt« and nlhm W vfsory mmmipms.
DowS, S—, ID. Cr,G1 -11— 59Ea1ggEE5 ltErnBS - —Ag9 Eme0 CfA11-911415489]-22611E1n8!
F. S1aMbg adviory eommin«mmsk¢ivoring. ahmwive aW ronansmh'esoffidv)
wJlkappoimsd by the M-Ym wim No mrorm of Ne City Coup
to ncnine <isM slmding Wbnry
Commbslom tm.-i.11,
ICouncilmMrmed
smnd'urg Wviwry cmnminea vppoimm[m5 slmD bye Ihr« (1) yur lems Memkn of
MANhnwl—
or pamuially to MAC moron me «qu.;4d ro rumpl<re any cunenr woA ro
rlts' i'ii" veiny mrtesylt. C"'spovlOJiliuume smWJyW.
will--inviud by Ne City'Rem<d<rm meir alp aypoimm
d[«IoP re mdmba fiu the Gry Ccunnl and WvaarNmlfm romi t.laion.
1
mronl; my Wayea eilhr asv fool rcpon or pr<se nlhv
-y the Mayor niNnd ds nettssiry pfsumlitling a famW Isw appoinlmem vpPlicmian.
f"'l
W b. M,
City C9uncll or mw k advance In Ne rarcsponding Waisay mmmirtec oraCiry
"'yC
Nm+yryliemu mua submit formal mplirsion Mrh ds Clry RecorJm for Caomip<c
Manveer rm mpovy to-+Ciry Coumil.
appoinl—a nll rcgulm temsmma<na MN apreinmenr and elmll esphem Apol3U
-INe rbN y«r. In Ihe.xeaW anew mmmia«memhrhappainkdafill dre
K. The CirybWn uWimemd m mummtk CMCaonil inatimelymm«rwham
rtmilWnofa rccmnN vacakdr pmi•,ium 1M rowmmlcr wl lkclrglble fa rt-
m•xrnnof dmpartid nary IM1ey my mmplNns TM Cin Mmagmegl
ml chmgtt.adclnienxa Jre Aahhud Mmklpal Code roemahlWrItokrc
amK
Idensiihdnmdrng Wvemy rnmmituuursplammmisfa Heirmnapnrrdinecity
.p i. 1
ay —dill ea— CM smR supParr mrmmiU« meats TIm Mara. MNCp'
Coumilrmh^nmroq -1 yl;Md)Camwil liaiwnzroracM1 or Js mandrrg advmmy
2plmiv proorbuds andaerns-Ibh Iknru'Rrgulm'"Wviaay bo.Sn per A.\IC
s. C-mcil Hsibos mill h non-vmting ee-oBuio wantrn of rte
<rmnpondirig mmmrtr<.s
SECTION L EnAdvhory Ce m minem ra Ik Gn C wdl me esahlizlpJ old
G. Smndr�g Wimry commirt<cz shW hgm<rM-y AMC 210-U¢if Pol"nits nod
rcaponsi-Ie br shb ipe DaTossz indwzleJ in rte fella..ivg
opraurrg PmreJ-ma mrnatwry eommw;-n mld eamm. couWlnmwm wink
usigmN fnrnmding Wviwry rnmvJ¢cu pn AMC21W.1U6. SUMios vdviwry
tumid<es winkreviilit N Gry Council appmalmouly every lluee ycanuro
apignN mPurubilitie; kvcl ofe(4ai+enev and rk reed forlM:ir cmdv«J mle
sd Frsim rJn &il Commiv«fCFAC1
n ACIlmaa eN Env'mmmnl Advyory Cammihtt lCEAI.)is cublllsd by NeCm
Coumil. Tk CEAC skWJ rcfkcl and mp<rem n wide rmg<of mmmW ly mp.ew
.d
ad e.[ktm«.
andpenprnives. Smh ivmcsuv .ld inciuh, kl tusk lbnitrdm. Oimak change and
mm<N, pzblic M1o1N wmgy eTki—y and rcmwa-k —, low and modemu-
H. Mtre it Milan<d—ft.c•.ry,y and inclusion godsofdp Cary-rAM—,.I s
1— homelmbs reeds <mnbock d<vebprcm,-1 ty.iW. and ummim-b
w:n k made b rmsum rFar rN-rmmim mgmduig —di, Wviury «mmirr« vawrrks
ttoromi<devebpman
and the arollcmfm porcis h readinrvMklc and Wiwry wmmi— ern merle ep of
v.<M—1 W di—pysdalioro wiNindm City. Allmmminceashill
The CFAC li matim orupaohs l9)veling m<mbmanduDmrmrlalopinmla-
auisr the Cin of ANWd m m¢r¢Int Nm tin' pmgnms rchlW b lk dlmK of Nc
ofRcb mmnkn u provbW Me lls CF'AC wul drive m irulo0a m ham ono (1)
are equrloWe arSmmmmily membuz,ixludiry love-'vlmm<, yualg
voting mmrbms ss'nar<JS years ob er>+^nsermNe imkofappimmw Tls four
PeaplK Dmwns of edor, Dr eld< IMu living s<Im dissbiNxs. Slmding Wdsary
nl-dada, roo-vozim mwkr mmbns erc reserved gx one ll).epmsmmsiva u! ds
d&and
re up to swu addlioml rrmrvdNg, gxePdo m¢kntryom- mem-ms
a miry b.".
who w or hich uimi nr mlk' age.
mlid wasp Dmdrim fame Cin. vd ors ll) r<presenmfrve form $-mlum Orts^n
UDdimvrmin iorydrc rtNprtatimvenlaaplig
WbswRiryw, dY mIh AsChilryun
m(siocuun) Ml5mchawLrl
wlly(IJ np1rc1)u
aarW«a. mminDmoml-
1. Unleuslubudbm<n^n
_k—ill s mmpudof i—Wm4,ftm1whhin rk City —tro (1)
proide uppd ,th.coll
mtinkrlmad Wvs k..Jmgmbmiim' Milmlh
Lrabni- bl-<rorirry mcmMsJl— maylmve upb 10 (1)hdiriW
Cgq'a mM gro Wr bmnJary. EBroReb mtmben am na rc9sr'vN m k re.
wIdIL me CIn m Ne m-m gmsM pomndary. V ndn6 am1 ilumte memlm muc k
d<dgrraN m elwmme memkzs. Almmarc commirpe m(n C may k amN u t Us
role and mponsibilin of a voUn6 menikr m a CEPAC dun d«s mr have
ovm e�Nem /lg)yem al age
nAl all of tk-sning TM1e men ny
agmrmn n(vorvrgmea—(1)mmd A' - f,k
1. AllimnJrrg Wvb^ry mmmive<s serve mJs pleasure of Ne Ciry Ca 7aW shdl
i-
mslNg— bc:srccn Its n o (1) al bmmi mmmin« nvrmers'nr mprdmse .11
CEACmeming, shag keraMishcJ by MavaNhsignzr<d odrralts l—i
— ----_]
biota mdm cornea^-blrrrnm ianrmn7r^^r<mN y,,NmaNemu rtpDppn l-Dk �>
—
1
raedn Dr awxm«bfrr<io eraukn nrcePAc rmykwmimw mk
IiviNrsaM ammplisMrenn in rlwpreaedirrg Yru and povSi-d" C lfor •a
W—bmm
ilravmivemmmbms.
ypmaLL me pma MlaW wmkp(mfor the urr,e Cy M glaMrK Nvhvry
mmlMa me erpmsN w wwk sviN aN rdvlu Mr Cin Managemm8 vat Ciry
mlamrym
Tie CEAC atoll k rrsporoiblr for vsiming Ik Clry in tk f Ibwinc
rorM1eircm.Homo me Waywallgad wad Ciry Culmdl
ememe priorirwu mJ nn-<impld ssilhin Ilpin' Cr rcsowm and legal arWoriry.
Dowelgn Enwbm ID. CD09])B4AB11.a1540B}ABC}TBI f1)AB5
DecuBgn Envmope U GLOB])BWPi1-<15BBB}ABC>216tt})Pgy
i m,Zom.oni, o<gicA, auiom, .od pro.I dn,W dto Add, vt e➢ieicm
u ofconmmiry and mruommmtil Icomws mdrthlM m mlNrssillg climme
tlwaBn including uc
• Climma miligodnn Ind—,, imvladApi( initi)"Inml4Il In
tl hu sQimnw andG . Amino Man (LEAP)amlk>upimA. anJ
Heir meorponlbn in Iydnln or cnmgu m fly mdi
admblisvpgre ink, AM paysm
,.rink Inomgemem, to k pmv<ndon. redunim, no Ieryclbg
Elecukiry,w m, sad lion, nsolme umge
• Ail
kmouu option
• Air mW..aW 91ulity xlion plomdry.ImlWwe r<d�tlne U1(3 Amiuion
II. Re=om'otg CFAP implem N.on 9w or bmrn.,mma on kWroflM
mmmeovy amd far City """IuI. Pm.Ming iof mbnwvaR and lk Ow floral w muum Ona kminnhs,
Winn,
or Action devebp f«, mby dx City1FAlhl1d inwq— IM kst
rvdWk xiw and pradim bmhkvc IM imlld chock nr cnvimmxnlxl
ebkJ gods ud t."
rv. P,o im lcmmnrcndni,nsbcnawc dw C"y of ANWd'I climnc aM
enlal plmnin8 dn'oNeratm I.,-- wA .L marmndia. eM
mvirvomwlAl go.h, imludNe Imh0- wa"Ity far bw.haonx Iwuxl W , pmsons
d ofmbr, the y."n A eldmly. eM Nlh dAII,0iiies s. Ed_dn, and ve adins kt mld ne' mvir9nmrn d loch imlmling in
fommllnily al.— Rcwvmy finals
➢. iliVnric Rex.vm.+n ASv env Cnnmi y,Qf)'gCj
An Ilia hezcrvatbn Adrbmy CImMItm (iBAC)bcsleblahM byItr Ciry
Crvnd Tin HPAC will —in of,w nim(9) voting memt<Iz ud two nmvodng
u Tllcio members newng In, c.,iNnm or In, Mnrmkg Contmi>sion, aAd om(I)
r<pnsmnmive Appoint. by Vae 2Z Manage. w pm>ik vAplmn to Ik mmmktm fmm
Nec.,.Communiy D,vcbplmm D<roIN, , Togmlifvlk HPAC'av Cilyuf
Ashlvd's Cenifwd Loot Gosemmcm (CLG) Cmn dwon, the maPdry of pyninmern<
Por f,%IrcmiacnofdA IrPAC,w the eA1<m volwim mcmkn v<evaibbleb dIc
Ciry, will6ave deco hiswrk prummion eapedmwe m meet ik p9kssknm
gooier-xiom i:naealag armawnrv.,,�;r<uwdwwr. r«r>r+v+um�. rwwml
eednIIi—.,eamrknnhinnmkldxap<
on Iaanrong and bsemy) uonde.r, Or<gon suty HiNede
Pnavvnrion GRa rcquheole
T HPAC Inll k nniNAibk kr usiaing iM Ciry Indo bll sm,
I. Reeom ndmll u dv Pbmlity CNANIIImn end lM Ciry Co tk orswsm
pmpmks oFsignilirnm NVmiml emu And
'mtcrnl far wmsid<mtkn to k
deslgmod nlsmdml popenkz.
plAuygn Enwdax ID CCDB])BB�913A159BBU-gCT1011Z}Pg5
I. Ming the malting rtwmmendalbm on N<cvntin—of Musingmd hlmm�
rc<d ofd wm ooiry and foalding nmwgks mlmind Io bmfllg old
hmlm smiw.
11. Advhiolitt C4Comcil m p,,WNn, that msiV in W111smW ih— wilily.
m=dk.Ltrwsronni, P, Ind coed oads or.,nion, a ddnr ad kmili<s in
A W., ,and mlr+nlotW homes-A-poer—
lii.-king«mmmendxiomm Bm City Colmal m ComoNipe NIOeiotem ➢Imk
Gram fCD➢% Cry or A= Sod.18mlo< Groh and Ilmidna Tnot Fund
Ind nhud dbraima
W. vii., I, idemilying fl ,L suk. wuoy, Ard Pri—funding for
mpt—wmmn of heroine Ind hvel>n nni_ pol enn.
.. Foaiering Pu64e b 1wdpe efmd Imp. for of cim city MmimId humor
.miw<Programs.
rI E,A m g wupttniun Mawnn lk public W pnvn<ncmn by pmodng
intcgnnd.pPwcbca lbw provide auimbk homing,._.y nving .—on,
and a,—emmmwnpparw — rm Iuw and m9detm,-blwm, pmsmw.
mi Evnbml<, Nvie m, AIW rtrammeniin6 I. tk PLwmMg Cmnmission And CM
Cwmil imwI,nirc Imd oaa mcmcgin Ivgeled m Pmmou, Mad I.In., of
Irceded MUAirq types
von. Mmiwrine housing davimimion mmpkinu And wlmlW1"Ims wilyin the
COY, Ni advising th, Ciry C9wxil on p9r<miII m< nw M'Amw fmlmr
W m orrommiym ill personto hvaiowilabk hmsln5 fs61WIMIdluaof
w.. nligbns- m<ntmm, gender Mani.. Ibmd engim lomtc of
imomx m (INA Al sews
D. Pobfe Am Adviwry Cemm=-AAO
A PUNK ArH Atl Conmime(PMCI.—Iismdbysk Ciry Comal Tk
mi Wm of Nc PAAC oMlivry NmmNc, w <Mamcof, uabvlilcmoml i. p ul lk l m9'mlWity.0ofnfikfe6bb pPsNOMry
lyeI,PonlectwMWby
Thwminlmd viwliry erlM w b Ne CId' oC
ASA1nId a a vVm Dan of IM k:me,ftk Ciy u well as ofiu alslann. TM ana ort m
mponmd part ofVx cullwil and ocaromic lire ofdx crane cmnmmiy orAAMmd aoJ
con,h Ik plrtiAfpmrs k Ik can u well n Nox win abfmve IMm.
TII, PAACwill wnW ofldm(9) mUng nwmknofivhkh sh f5) vWM memlm will
k finnyvtroed>P<cfmm ofcilf)Pn incbNrle cloaca oM dww wkhvbaupoo dk3)
mu worymizaling <mbm l dpPAM 1r Imdi& arcldwmirc UnA IA)m(J)
of dux dx (el swing mcmkrs o/lk PACC may rcaidc amdh tM Ciry Vmib. TM
tI. In— inndineordlwmes.M OIMr lmasuru J<signed n po;m and fnsmr
Inkrnl in Ih Ntpovcrllemofdesignwd M1iswrilxl pnptNez
ill. Rev'Iewin811tennlre aM sevices of fmdbg=onamlrlg Nc in—flon and
imonv . of d,d-AA biswk propenln.
W. AdvisingCnv-rood Ne Plmoulg Commissim comcrning Nu impmvemeol of
designvcd hislork p p¢ in cnnnation".In TIN I I and TIN Ill Phmning
Acdm invoh:rig mw wmltlmtim os elwmlion w,nislingh-;-nsourwI
r. AdvisinllI*mm, mld dolropon n.nmsighpmlw, belldwg pcmin and
&Ii,p H,involvingdnm mllsimrsion nrilkmlion wiWin AshlmW's
hsig dHumricDivda>-
n A&rmrrd Pluming Cnmminion, the Ashl" Pvk Commasimt olMr aiy
,&IIory wmmhdon, boards end cr Ho,1>, and aly dcpusmcne "Indioe
hi—k mmpemms ofgortmm<m pujean under mnddvvlm svilhin ANIAnd's
design.. Hinyd, DMdcu
♦A Addsiag Cily 9WInd do PmWM Camm AN m prgea Wlualiomfor
fording.
ylli. A.,bn.g in pmrooms pblk supmn fin din pr mmdm And rKognilim of
AAhlatd's blm,ic ra<a
b. Ad, lmg City suRvW dw Plmmiog Conudszimi m AmIdn- dondvds fa
hi—k v<s
C. H If & dv'• C ••• HfiSAC)
A Hnmbg And Hmnan Semen pdsiany CenwI", (HHSAC) Is utMla wd by Ne
City lDnon,V. The mission of.1➢iSAC a m anus oM make I,
w N=
Ciry foro,l'illg Ilm mnumlm or lmusiM And hlmmamim m 11 PorInc Pon w
ofemmneing oomm"', nmlN eM _11-bdolr. Memkn will M from n bmadapcalmm
ofeifvcn {Mudinp >idmb wiN a bad�mmW in nmi.l Aeram. Ummmml Imi
mvginal mown',
xnia eomm do W bmsing &,olopnem. mi.enrl
Mining dcslgw And cWuy Ind daoblN persnn<mcds.
The WW, will meshy ofnim (1)-1. memtms, No (1) om—, I, olfnlo Boon
rwm smdnm Drtgnl unihaiy (sots. and em to mlwerm <a-oif�,'n mmnbm
aVpoinl<d by IM Ciry Mmugnwposidc MUzbg P,HaI^ support
rM HHSAC shill k onpon l* for n$ining Ik City in Im following:
DlwSyn Emewp, W: CLD9])04a913d150B9) -0CYf6111)A05
Nn, (d) mAmme voim members of III, PAAC pill k rdtimn al -keg, and resMwb
oflhe Ciry The City giareger mein olao rylpo'nntwu (1)mmvodop eaof➢,:o mmliRls
Iothe YAAC,om (I)ofwhieh wiVMf Ik [ilylPUFlb Works DeafmclN p,m
P,nlo svppanm III,. —in..
TFe PAAC doll odne to IM fill Ner,k of IN PAS, An Comm,,im Is b mayk
dnlenaud in AMC 3.19-PoblicAn Tk PAAC slnll maoMnsporuibc fin malsling
tk Cdy a the fo8awirig:
i. Pmvidinli i¢memae the lino-4- to hormik. m,n lnugM lmnof
Aanwln
o. Asibllne in pomoMglk ana in ASMard fo mdah dx liven of iu tldzmu
Ik,Ign wnmr9n ma amno,ahadm.
dL Advhing lk Ciry CamilW Cy mmagnmm on omdalds vdguid=lims for
s,kWnb wmminsinnnL plxkp. IlAwuirliilg and mm ml Pubic W.
w. Adddne ik CIN of ASIJArd on hero ben w an It loin orgmtrationW
,,v keel kadmddp An anamlm<dnwe<ammvke IM artsamore impmmu
pml,fcvmmanbylire.
v As>Inirlg JU City wurcil.N, ASNSId Parka Commission lihVodc Pmnrvmim
Ad= Commillee, Ind Ik Plami, Commiuiox in odnir public An b eaham:e
edsdmdme N, bpublic P." And Wn,1 Public Imds And in public
onm
II arcing Ik Plamkg Commisdon tha A., m Pad,, cpmmini,n. nd ity
Idvimry Iommasim mJ —.I.— Ind ally dcparwl<w din.udoic
wmpon<nb ofaV mmialpal government Pelnn ixdv mn>Mmelun By IM Cry.
Ira: PAAC mom elm carve n o rcsuura fca nccning tkatt>Ik wnlpllcw of
IW nu d,wlepmmn.
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Kelly Marcotulli Sept. 20, 2022 City Council Speech
Hello Council, Thanks again for your hard work on behalf of all Ashland residents.
Last week I requested Council consider five questions regarding our
telecommunications ordinance.
The first time I presented Council with similar questions was four years ago. Since
2018, the understanding of the dangers of electromagnetic fields has grown
dramatically. It's a deceptive foe, as we can't see, smell, hear or taste
electromagnetic energy, but many of us can feel it, and we're all being harmed by
it. As history has demonstrated, bad things happen until and unless smart things
happen.
We have learned by past mistakes. Cigarette smoking, once promoted by doctors,
continues to be the #1 cause of preventable disease, disability, and death in the United
States. Turns out global warming wasn't a hoax after all. We're all now suffering the
consequences of looking the other way on that one. Well, here we are again.
Although the telecommunications ordinance is not on tonight's agenda, I would like to
address the questions I posed last week, while adding more clarity around these
questions.
As a teacher, I would often remind my students that we don't know what we don't
know until we know it. This is new territory for us ... but not for Attorney Andrew
Campanelli. Experience and knowhow is key with regards to such a consequential
action, and the city would be well served to utilize the best resources available to it.
I am so very pleased and grateful that the council has made space in their schedule to
allow Mr. Campanelli to speak with you about what he does, and then give the
Council the opportunity to ask him questions.
The most common lie that Telecom companies like to threaten cities with is that their
hands are tied, and that denying Telecom access to city infrastructure will cost the
city billions. THIS IS FALSE. What would happen if the city were sued for disallowing
an antenna to go up, and lost the case, is that the city would NOT HAVE TO PAY
PENALTIES, NOR WOULD IT HAVE TO PAY ANY LEGAL FEES. The city would merely
have to approve the permit.
Mr. Campanelli's ordinance for Ashland would greatly reduce the risk of this type of
legal action because it would be crafted specifically for Ashland, under the ninth
circuit court restraints. His work focuses on maximizing city authority to regulate cell
towers and other wireless facilities and he is nationally recognized for his work. The
other good news is that Ashland would not be alone in making these changes. I am
providing you with examples of what other cities and counties have done to
significantly provide protections for their residents.
Another question I sought an answer to was why would the city draw up an ordinance
based upon guidance from the League of Oregon Cities, when the League of Oregon
Cities partners with AT&T and T-Moblie, and Verizon? The intention of these telecom
companies is clearly not to protect the public from harm, but to profit financially. They
deny there is a problem, the same way the Big Tobacco, asbestos and Big Oil
did. But this time we can have the opportunity to "impede the greed", while
protecting our wonderful city and its residents. The good news is that we have a good
chance of doing something very smart for the city of Ashland through legal channels by
hiring Mr. Campanelli.
Should anyone on Council or in the audience want more scientific evidence of our
position, my organization, Oregon for Safer Technology will gladly provide a
presentation on the scientific evidence of the harm being documented worldwide.
LOCAL RESOLUTIONS
CITY OF COCONUT CREEK RESOLUTION
On November 12, 2020 the Coconut Creek Florida Commission adopted a Resolution on 5G
and radiofrequency radiation "imploring the US Congress to allocate funding and direct a cross
discipline federal agency study of the effects caused by exposure to current and proposed
electromagnetic spectrum and radiofrequency commissions on human health and the
environment in light of the recent implementation of fifth generation technology and to use
those findings to create science based laws or rules regarding limiting human and
environmental exposure."
Hawai'i County 5G Resolution
The Hawaii County Council voted on July 22 to halt 5G developments on the Big Island until
the controversial technology is proven safe. The vote came following passage of a 5G
Resolution by the Hawaii County Planning Board.
Farragut, Tennessee 5G Resolution
The Farragut, Tennessee City Council approved a resolution on May 14, 2020, calling on state
and federal governments to halt 5G until health risks are evaluated by "sound science." The
resolution details how FCC limits are outdated and considered inadequate to protect human
health by many scientists. (EHT maintains research on 5G 4G and wireless radiation HERE.)
Easton Connecticut 5G Resolution
A 5G cease and desist resolution was unanimously approved by Easton Connecticut on May 7
2020.
This action follows extensive investigations into the issue. The 5G Resolution can be accessed
here.
Western Springs Illinois
Crown Castle withdrew its 5G small cell application in Western Springs, IL after the village
council sent them a letter. (Western Springs Illinois Letter )
SEE 5G Antenna Application Withdrawn In Western Springs: Western Springs and Hinsdale
residents have protested possibility of 5G antennas. Firm is looking at alternative sites
Western Sorinjzs Illinois Letter
Oak Brook, Illinois
Oak Brook Resolutions Oak Brook Illinois unanimously approved a motion to pass 2
resolutions to restore local control over 5G.
Nevada City California
June 2020: Adds Protections to 5G ordinance; final vote still needed
Keene New Hampshire halts 5G, March 2020
• Read the news article "New Hampshire City Council of Keene approves temporary 5G
ban"
Santa Barbara California Pauses 5G, March 2020
Hallandale Beach, FlorldaPasses 5G Small Cell Tower Resolution:
Carmel City, Indiana
The Carmel City Council approved a resolution on Oct. 22, 2019, asking state lawmakers, the
Federal Communications Commission and Congress to limit 5G technology deployment in
Indiana until the health effects are fully understood."
Greendale Wisconsin
• Resolution No. R2018-20 in November 2018: The Board of Trustees of the Village of
Greendale, County of Milwaukee, State of Wisconsin, passed Resolution No. R2018-20
in November 2018 in opposition to the FCC's September 26, 2018 Order because the
Order is an unprecedented attack on local control of Greendale's largest asset, the
public rights -of -way, for 5G technology; threatens the Village's responsibility to protect
the health, safety and welfare of its residents; and threatens the Village of Greendale's
designation as a National Historic Landmark.
POLICIES & ORDINANCES
Note: These were compiled from EHT research of various sources and a special thank you
to Physicians for Safe Technology, My Streets My Choice, Scientists for Wired Technologyand Last
Tree Laws for their extensive resources utilized on this page. Please be sure to go to these pages for
more information.
In addition, Americans For Responsible Technology has created a Sample Small Cell
Ordinance that cities can use as a starting point which incorporates several- although not all -
of these issues. Please download their model ordinance and utilize their extensive resources at
this link_
Massachuttsetts
Randolph MA
500 foot setback from any residence or business. Randolph requires a certified engineer to
take radio frequency radiation readings of the tower once a year and requires the tower
company to recertify it's tower every year. Link to Code
Stockbridge MA prohibits a tower from being built 1000 feet from a school, park or athletic
field and 600 feet away from any residence.
Florida
"The applicant shall obtain certification from the Federal Aviation Administration and
the United States Department of Defense demonstrating that the installation does not
emit RF frequencies which may interfere with avionics of any approaching civil or
military aircraft." The City also requires the applicant to provide RF meters used by their
technicians and training the City employees.
Arkansas
Booneville, Arkansas
Proposed Ordinance would limit cell towers to 250 ft max; industrial zones
Danville, California
Proposed Ordinance No. 2018-07: Wireless Communication Facilities
-"All facilities shall be substantially screened from the view of surrounding properties and the
public view or collocated with existing facilities or structures so as not to create substantial
additional visual, noise, or thermal impacts. "
-Property owners within 300 ft of proposed site must be notified
Danville California: Ordinance No. 2018-07 Wireless Communications Facilities PDF
http://mystreetmychoice.com/danville.htmi
http://scientists4wiredtech.com/danville/municipal-wireless-code/
Encinitas, California
• Urgency Ordinance
• 5G opponents cite health concerns in urging city to limit wireless antennas
Fairfax, California
News: Marin Independent Journal Fairfax to study fiber-optic broadband amid protest
against 5G
Los Altos, California
• installation of small cells on public utility easements in residential neighborhoods is
prohibited
• 500 foot setbacks for small cells for multi -family residences in commercial districts
500 ft separation from schools
1500 ft separation between nodes
This ordinance was passed in 2019. Then the Los Altos City Council then rejected 12
applications from AT&T and one from Verizon because they didn't meet those rules. In
response, both cell companies sued in federal court, arguing the denial.wasn't based on
evidence.
According to WireAmerica.org: The new Los Altos ordinance "says the city will grant
exceptions if a cell company has evidence they need a site in a residential neighborhood to
eliminate a significant gap in telecommunications coverage. The company would have to
demonstrate, with substantial evidence in the public record, that not putting the antenna at
that location would result in an effective prohibition of telecommunications service — a tough
row to hoe for Wireless companies because everyone can make a wireless phone call on
every carrier network in Los Altos today. The ordinance has several other restrictions on
things like height, noise and Wireless Telecommunications Facility (WTF) design. Attorney
Deborah Fox, who is representing the city against AT&T and Verizon, said the ordinance is
"state of the art" and she is confident that it meets federal law."
Marin County, California
Draft as of June 21, 2019 The city is mapped to show where the cell towers are allowed.Marin
drafts preferences for 5G rollout,Point Reyes Light
• "Marin's draft rules select industrial, commercial or agricultural sites, or sites near public
facilities, as preferred locations for the antennas; residential and mixed -use sites and
areas within 1,500 feet of schools and daycare centers are the least -preferred locations.
Mill Valley, California
Urgency Ordinance No 18, September 6, 2018
• New or updated facilities prohibited in residential zones. Commercial only.
• Defend and indemnify the City
Palo Alto, California
City Council voted unanimously to approve a Resolution and amended Wireless Ordinance
that City Staff had proposed. Council also voted unanimously in favor of a motion to direct
City Staff "to come back as soon as possible but [in] no more than [one year], with an updated
Ordinance/Resolution that considers" (and e summarizing):
Council also voted to direct City Staff to return to Council with a recommendation for "best
practices" with respect to inspecting antennas.
"Seeking to strike a balance between federal requirements and resident concerns, Palo Alto
approved on Monday night new rules for reviewing the flurry of applications that the city has
been receiving from telecommunication companies seeking to install antennas on local
streetlights and utility poles.
Palos Verdes, California
According to citizens of the city, after citizen uproar, Crown Castle began complying with
municipal aesthetic requirements and moving proposed locations out of neighborhoods and
away from homes.
Petaluma, California
Ordinance of the City Council of Petaluma
• Protect environmental resources; protect residents against adverse health effects
• Protect visual character; don't create visual blight
• Protect environmental resources; protect residents against adverse health effects
• Commercial or industrial zones
Ross Valley, California
Wireless Telecommunications Facilities
• Modeled after Mill Valley's
• Adopted regulations prohibit facilities in residential and downtown zoning district.
• Requires equipment to be placed underground.
SAN ANSELMO, CALIFORNIA
Council Policy
People within 300 feet of proposed antenna will be notified
• Town is entitled to employ independent consultant at applicant's expense to evaluate
exceptions
San Diego County, California
"SCWs shall not be located within 1,000 feet of schools, child care centers, hospitals, or
churches. Distance, without regard to intervening structures, shall be a straight line measured
from the closest property lines."
San Jose, California
Negotiated agreement
"officials made improved access to areas with low internet participation a precondition for
reducing fees...
Suisin CA
500 ft setback and all facilities permitted pursuant to this chapter shall comply with the ADA.
San Anselmo, CA
300ft setback residents notified
Calabasas, CA
1000 feet setback for small cells.
Westlake, CA
500 feet setback
San Clemente, CA
500 feet setback
San Rafael, California
"i want the city and county government to clearly say no to the FCC," said resident Arthur Saftlas.
"No 5G installations of any kind in Morin, until it can be proven safe for us and the
environment."- San Rafael, Calif., Officials Work to Tighten 5G Regulation
• San Rafael Residents Take Pre-emptive Strike Against 5G
Sebastopol, California
City Council Agenda Item Report and Urgency Ordinance (Recommended)
• Purpose: Institute a moratorium on applications for small cells in the public right-of-way
until adoption of a permanent ordinance
Sebastopol, California: City Council Agenda Item Report and Urgency Ordinance Establishing a
Moratorium on Small Cells in the Public Right of Way
Other Links
• http://scientists4wiredtech.com/sebastopol/sb-muni-code/
• http://mystreetmychoice.com/sebastopol.htmi
Sonoma, California
Report and Urgency Ordinance
On Nov 5, 2018 Sonoma approved their 5G urgency ordinance.
500 ft setback and residents notified.
`Based on the foregoing, the City Council finds and determines that the immediate preservation of
the public health, safety and welfare requires that this Ordinance be enacted as an urgency
ordinance
WALNUT CITY, CALIFORNIA
• "Telecommunication towers and antennas shall not be located within 1,500 feet of any
school (nursery, elementary, junior high, and high school), trail, park or outdoor
recreation area, sporting venues, and residential zones."
Warren, Connecticut
This policy defines adequate coverage and adequate capacity. It details that it was designed
"to locate towers and/or antennas in a manner which protects property values, as well as the
general safety, health, welfare and quality of life of the citizens of Warren and all those who
visit this community, minimize the total number and height of towers throughout Warren, and
provide standards and requirements for the regulation, placement, design, appearance,
construction, monitoring, modification and removal of telecommunications facilities and
towers."
BURLINGTON, MASSACHUSETTS
Town of Burlington Policy Applications for Small Cell Wireless Installations, October 22, 2018
• Small Cell Committee drafted a policy with annual recertification fees. Verizon withdrew
its application, concerned by the precedent it would set and questioning its legality.
• Verizon attorney Mr. Klasnick stated "My client respectfully requests to withdraw the
petition rather than have a fee," he said.(BCATTV
The Town of Burlington Policy / Application for Small Cell Wireless Installations approved by
the Burlington Board of Selectmen on October 22 2018 PDF
According to BCATTV Verizon Drops Small Cell Wireless Booster Application in Face of Fees:
"This week Selectman Jim Tigges, the board's representative on the Small Cells Committee,
said the group had come up with a new policy for small cell applications. The policy contains a
number of provisions while filing an application, including setting installation fees, listing the
town department that must receive a copy for review and setting up the timeline for approval.
Holyoke, Massachusetts
• Draft policy $500 fee for city inspection of rooftop poles/roofs every 2 years
• Holyoke has submitted an order from councilor Bartley Roman to limit equipment and
require $500 apiece per small cell-$500 may exceed FCC limits.
Pittsfield, Massachusetts
Proposed Section: Wireless Communications Facilities
Telecom company must prove prefered site/existing structure does not work
Pittsfield, Massachusetts: Proposed Section: Wireless Communications Facilities PDF
Little Silver, New Jersey
Carriers should provide notice to property owners within five hundred (500') feet of the
proposed Telecommunications Facility.
• The applicant must demonstrate to the reasonable satisfaction of the Borough that no
existing personal wireless Telecommunication Service Facility within a reasonable
distance can accommodate needs.
• Indemnification clause: "Each license grantee shall indemnify and hold the Borough and
its officers, employees, agents and representatives harmless from and against any and all
damages, losses and expenses, including reasonable attorney's fees and costs of suit or
defense, arising out of, resulting from or alleged to arise out of or result from the
negligent, careless or wrongful acts, omissions, failures to act or misconduct of the
grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the
construction, operation, maintenance, repair or removal of its Telecommunications
Facilities, and in providing or offering Telecommunications Services over the facilities,
whether such acts or omissions are authorized, allowed or prohibited by this Chapter or
by a grant agreement made or entered into pursuant to this Chapter."
Ithaca, New York
• A 1500 foot setback between antennas (old code: 0 feet)
• A 250 foot setback between antennas and homes/schools (old code: 8 feet)
• Requiring proof of a significant gap in service coverage for any antenna, proven by'in-
kind' testing (such as drive -by tests and dropped calls)
• Clarifying that an applicant's claim that it needs the proposed tower for "future capacity"
or to "improve coverage" is not sufficient to establish that it suffers from a significant
gap in coverage
• Establishing a procedure for any disabled persons suffering from EHS to submit
requests/grievances in accordance with the ADA
• Establishing that the codes apply to all wireless transmitting antennas, including any on
private homes (aimed at the OTARD challenge)
• Deputizing any citizen to test for RF emissions
• Protecting against reductions in property values of properties situated near wireless
facilities
• Requiring that everything submitted by the applicant is done so under oath and penalty
of perjury
Scarsdale, New York
Scarsdale, New York Passed a Wireless Ordinance To Limit Cell Antennas 500 Feet From
Homes, Schools and Daycares
1. Pre- and post -installation RF testing requirements by independent contractor;
additionally, routine annual monitoring
2. Location preferences (restricted zones) that require special exceptions for installations
Any location within 500 feet from a residential dwelling unit
• Any location within 500 feet from a daycare facility or school
• Any location within 500 feet from a house of worship
• Any location within parkland
3. Village is insured against any liability for personal injury or property damage or claims
pertaining to RF exposure
4. Existence of appeals process (de novo hearing in front of Planning Board)
Copake New York
Pretesting and post testing by RF engineer
Annual monitoring of RF emissions by the independent RF engineer using actual field
measurements
Hempstead, New York
Wireless Communications Facilities
• Requires a special use permit for cell towers that encourages location of new wireless
facilities so as to minimize their impact on historically sensitive areas around residences,
schools, houses of worship, day-care centers. Seven consideration factors are listed in
order from more to least preferred, with existing towers being most preferred and new
towers in residential zones least preferred.
• Prohibits towers from exceeding a height that permits it to operate without artificial
lighting
• Allows the town to hire consultants and do inspections
• Set a fee schedule of $500 per pole
Mason, Ohio
Zoning Ordinance - Wireless Communications Systems
No small cells in residential areas or within 100 feet of property used for residential use
Small cells must be 2000 feet apart (unless colocated)
Lancaster, Pennsylvania
Zoning Changes via Ordinance 9-2016
• City Council rushed through zoning changes to declare many streets off limits to new
poles (said they could be much taller than existing ones)
• Public Utility Commission stripped Mobilitie and other distributed -antenna companies
of utility status, meaning that they would not get any more "certificates of public
convenience" in Pennsylvania.
Note: This list was compiled from EHT research of various sources and a special thank you
to Physicians for Safe Technology, My Streets My Choice and Last Tree Laws for their extensive
resources. Please contact EHT to add your Cities information. https://ehtrust.org/usa-city-ordinances-
to-limit-and-control-wireless-facilities-small-cells-in-rights-of-ways/
30 Southern OREGON
W UNIVERSITY
Findings from the Ashland Budget Survey
October 4, 2022
Research Team
Karen Miller-Loessi, Ph.D.
Dan Rubenson, Ph.D.
Eva Skuratowicz, Ph.D.
Pat Acklin, M.S.
Research Assistants
Hood Alrahbi
Brooke Carlton
Pandora Hamsa
Katherine Hardenbergh
Emilio McCutcheon
Katie Minich
so
S
OREGON
UNIVERSITY
11
0
Overview
so
Southem
OREGON
UNIVERSITY
Present findings on policy options, increased
spending for public safety, and overall
attitudes towards how to balance the budget
Findings without interpretation
Please hold questions until the end
Handout with all the numerical findings
Survey Design
• To maintain a balanced budget, two main questions:
— Cut spending, increase fees, or a combination?
— What are Ashlanders' specific priorities?
• Adapted to Council/City's requests throughout
— Not prescriptive: Community input on priorities rather than specific
dollar cuts/increases
— Reflects alternative approaches to the budget: cutting and/or
spending
Survey design is grounded in the academic literature on
budget surveys
— Context is important: real choices not generalizations
— Reflects the complex choices faced by the Council and the City
government
so
OREGON
UNIVERSITY
Issues in Survey Design
General fund only
— Each box (choice set) would balance budget
• Will hand out results for each choice set
— Identify implications for households
— Blanket approaches such as "eliminate waste",
"cut across the board"', or "reduce employee
compensation" don't tell us about community
priorities
— Changes in staffing levels follow identified
priorities
U
Southern
OREGON
UNIVERSITY
Survey Design
• Internal validation by cross-referencing. Each
possible budget cut appears in two boxes, within
two contexts.
so
Southern
OREGON
UNIVERSITY
• Two questions (1 & 14) directly address the choice
between balancing the budget entirely through
unspecified spending cuts or increased fees
• Two questions address increased spending for public
safety
• Open comment line for each choice set
so
Methodology w
SW*WM
om'm
UNIVEg51TY
• Distribution — city utility addresses, population unit
is households — 10,766
• Returned surveys — 2,647
• Response rate — 25%
— Estimated margin of error
• large N
small MOE 1.5-1.9%
• Data entry — 6 students (25% verification rate)
• Statistical analysis (SPSS)
• Open-ended comments
Demographics
Soudiern
OREGON
UNIVERSITY
• Own - 85%, Rent — 15%
• Home — 98%, Business — 2%
• Age
20-29 36 2%
30-39 97 5%
40-49 196 9%
50-59 235 11%
60-69 555 27%
• Education 70-79 699 33%
80 & up 267 13%
tota 1 2085
missing 561 21%
Willingness to reduce specific City services or activities
(percent supporting each cut)
Eliminate City funding of golf course
Maintain neighborhood or dog parks by volunteers
Delay replacement of City vehicles
Outsource or increase fees for planning and building review
Transfer some criminal cases to County Court
Minor cuts in recreation program subsidies
Reduce Parks and Rec community outreach
Regionalize Police, Fire, Ambulance services
Reduce or eliminate citizen commissions, committees
Major cuts in recreation program subsidies
Reduce street maintenance by 15%
Keep marijuana tax in General Fund, instead of housing
Major reductions in Parks maintenance
Delay or reduce future capital improvements.
SO
U
OREGON
UNIVERSITY
0 5 10 15 20 25 30 35 40 45 50
REDUCE SPENDING OR INCREASE FEES TO BALANCE THE BUDGET?
(NUMBERS ARE PERCENTAGES)
Reduce overall general fund spending by 5% (Q14)
My household would pay no additional fees
Maintain current City spending levels (Q1)
My household would pay about $13 more per month.
Response pattern of opposition to all fee increases: 18
1. Answered "No" in ALL boxes with fee increases, and
2. One or more "Yes" votes in boxes with no additional
fees
0 5 10
15
51
42
20 25
30 35 40 45
Southern
OREGON
UNIVERSITY
W
SUPPORT FOR ADDITIONAL PUBLIC SAFETY SPENDING
Maintain current City spending levels, except:
• Add 2 police officers and 1 firefighter
My household would pay about $17 more per month ,
r
PW
Maintain current City spending levels, except:
• Add 4 police officer positions
• Add 4 total fire positions: fire marshal, firefighter, fire
inspector, CERT/weed abatement/admin assistant
My household would pay about $24 more per month
31%
25%
so
Southern
OREGON
UNIVERSITY
0 5 10 i_ 30 35 40 45 50
Summary
Southern
OREGON
UNIVERSITY
• Wide range of opinions represented
• Not an overwhelming mandate for any
specific policy change, specific service cuts
• Maintain quality of life, pursue opportunities
to control costs
— Expect City to find a balance
• Support for citizen involvement and
volunteerism
GoingForward
Southcrn
OREGON
UNIVERSITY
Written report
—include ALL of the comments
— more detail on methodology
Council Business Meeting
October 4, 2022
Agenda Item
Adoption of the Comprehensive Sanitary Sewer Collection System Master Plan
Scott Fleury PE
Public Works Director
From
Chance Metcalf PMP
Senior Pro[ect Manager
Scott.fleury(a-)-ashland.or.us 541-552-2412
Contact
Chance. metcalf ashland.or.us 541-552-2448
SUMMARY
Before the Council is the 2022 Comprehensive Sanitary Sewer Collection System Master Plan prepared by RH2
Engineering. Staff is requesting Council adopt the Comprehensive Sanitary Sewer Collection System Master Plan as
the current planning document for the City's wastewater collection system. The Sanitary Sewer Collection System
Master Plan provides a useful planning tool associated with the City's wastewater collection system through 2042
planning period.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
• Essential Service- Wastewater System
• Address Climate Change
• Continue to leverage resources to develop and/or enhance Value Services
CEAP Goals:
• "Consumption and Materials Management": Reduce wastewater greenhouse gas emissions.
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
Council previously approved a personal services contract with RH2 Engineering to provide a Comprehensive
Sanitary Sewer Collection System Master Plan at the February 18, 2020 Business Meeting Minutes, Staff Report).
BACKGROUND AND ADDITIONAL INFORMATION
The City of Ashland (City) contracted with R112 Engineering, Inc., (RH2) in 2020 to prepare an updated
Comprehensive Sanitary Sewer Collection System Master Plan (CSSCSMP). The previous plan was prepared in
2012 by Keller Associates. The CSSCSMP includes an evaluation of the sanitary sewer collection system and
recommendations for maintenance and capital improvements.
The executive summary provides a brief overview of the CSSCSMP findings and results. The City owns and
operates its sanitary sewer collection and treatment system and complies with all regulatory standards for managing
a public sanitary system in the state of Oregon. The City's population is approximately 21,554 (certified estimate
from Portland State University Population Research Center as of July 1, 2021). The City provides sanitary sewer
services through approximately 8,549 customer connections as of 2020.
Pagel of 5
CITY OF
-ASHLAND
The City of Ashland Comprehensive Sanitary Sewer Collection System Master Plan evaluated the City's
wastewater collection system and made recommendations for improvements and upgrades throughout the City's
facilities. Recommendations were based on the ultimate build out in the City and included near -term and long-
term projects as part of the recommended Capital Improvement Program to provide adequate system capacity.
Recommendations for improvements also included an operations and maintenance plan. The Comprehensive
Sanitary Sewer Collection System Master Plan included the following primary work elements:
1. Basis of Planning
2. Flow Projections
3. Description and Condition of Existing System
4. Collection System Analysis and Prioritization of Future Recommendations
5. System Optimization
6. Capital Project Development Plan
7. Financial Strategy; Rate and System Development Charge (SDC) Update
8. System Operation, Maintenance and Rehabilitation Assessment
9. Policy Recommendations
EXISTING COLLECTION SYSTEM
The collection system consists of approximately 113 miles of gravity sewer mains. The gravity sewer mains are
mostly 6-inch or 8-inch diameter and are constructed of various materials. The remaining gravity sewer mains range
in size from 4-inch to 24-inch diameter. Most of the gravity mains, where the material is known, are made of
concrete. The second most common material for gravity mains is PVC followed by clay. Approximately 35 percent
of the gravity sewer mains were installed in 1970 or later and approximately 28 percent were installed before 1970.
The oldest known mains in the system are from the early 1900s. Seven lift stations pump and convey wastewater in
portions of the collection system where gravity flow is not feasible. The sewer service area is made up of 12 major
drainage basins. The entirety of the sewer service laterals, called side sewers, are privately owned starting from the
connection to the main. Since the side sewers are not City property, information is largely unknown regarding
condition, age and material of the side sewers.
REGULATIONS, POLICIES, AND DESIGN CRITERIA
The Oregon Department of Environmental Quality (DEQ) is the main regulatory agency for the collection system.
The City follows all federal, state, and DEQ policies and design criteria and has also adopted its own policies which
meet or exceed the requirements of all governing agencies. Chapter 2 of the Master Plan presents the regulations,
policies, and design criteria for the collection system. Chapter 2 is a working document that will be updated by City
staff as necessary to adapt to the City's needs and goals.
FLOW PROJECTIONS
Data was collected to assess the current flows through the collection system and to develop 20-year flow rates (for
year 2042). Five years of WWTP influent flow and rainfall data were initially provided by the City (2014 through
2019) and later 2020 and 2021 to RH2 for flow projection analysis.
In addition to historic data analysis, approximately five months of flow monitoring data was collected by V&A
Consulting Engineers (V&A) from November 2020 through March 2021 as part of the CSSCSMP development
process. The intent was to identify the average flow and system response to storm events. V&A used eight in -stream
flow monitors (4 City -owned and 4 V&A flow monitors) and the City's sanitary sewer supervisory control and data
acquisition (SCADA) system to collect data. Rainfall data was also collected within the same timeframe. V&A
summarized the data in a report which informs the collection system evaluation in this CSSCSMP. Growth
projections from the City's 2019 Water Master Plan were used to estimate future sanitary sewer flows. Some
adjustments were made such as excluding irrigation usage from the collection system since irrigation water typically
does not drain into the sewer.
Page 2 of 5
CITY Of
-ASH LAN D
CONDITION ASSESSMENT
Gravity Sewer Mains and Manholes
The City performs routine inspections of the collection system including video inspection of gravity sewer mains
and photographs of manholes. This data was not in a GIS-ready format during the preparation of this CSSCSMP but
the City is working towards entering all of the collected data into its Cartegraph Asset Management System in the
future. The collection system condition assessment is presented in Chapter 4 of the Master Plan.
Side Sewers
Approximately 50 side sewers were evaluated in this CSSCSMP. City crews performed side sewer video inspections
and collected customer surveys in areas of the City identified by RH2 to be potential sources of inflow and
infiltration (I/I) based on the age of nearby sewer mains. Many of the side sewers inspected were made of a
combination of polyvinyl chloride (PVC) and acrylonitrile butadiene styrene (ABS) and older materials. Several of
the side sewers inspected were constructed of Orangeburg pipe. The side sewer condition assessment is presented in
Chapter 4 and a summary of the side sewer inspections is in Appendix B.
Lift Stations and Force Mains
RH2 staff visited each of the lift stations (LS) on June 16, 2020 to observe the layout and general condition. Of the
seven lift stations, the oldest is Shamrock LS which was built in 1972 and is approximately 50 years old. The other 6
lift stations were constructed or updated within the past 30 years. Creek Drive LS, Shamrock LS, and Kestrel LS all
have operation and maintenance (O&M) issues based on discussion with City staff. A summary of the lift station site
visit observations is included in Chapter 4 and the field notes are presented in Appendix C.
I/I REDUCTION PLAN
Inflow and infiltration (1/I) are common issues in wastewater collection systems. Inflow is stormwater runoff that
flows directly into the collection system. Infiltration is typically groundwater that reaches the collection system
through cracks and breaks in pipes and manholes. Analysis of the flow monitoring performed for the CSSCSMP
indicated significant I/I in most of the City's collection system drainage basins. The majority of I/I detected appears
to be rainfall dependent based on the flow monitoring program and report prepared by V&A (Appendix A). A
reduction in I/I will mean less capacity is utilized and could potentially eliminate the need for future capacity related
projects. Chapter 5 of the Master Plan presents multiple techniques for identifying sources of I/I, such as in -stream
flow monitoring, smoke testing, dye testing, video inspection and analysis, and flow isolations. There are a number
of rehabilitation methods that can be implemented to reduce UI once its source is located. Chapter 5 describes re-
routing of stormwater cross -connections as well as sewer main, manhole, and side sewer rehabilitation/replacement.
Chapter 5 also presents the results of the 1/I evaluation and prioritizes addressing LT in the collection system
drainage basins.
Environmental Impacts and Conservation
Recommended maintenance and capital improvement projects should consider the strategies identified by the City's
Climate and Energy Action Plan (CEAP), which aims to reduce greenhouse gases (GHG) and promote conservation,
during design for incorporation into construction. The design phase for capital improvements and maintenance
projects should consider appropriate measures and focus on minimizing embedded GHG within materials required
for construction improvements.
SYSTEM CAPACITY EVALUATION
A system capacity evaluation was performed with a hydraulic model of the collection system in SewerGEMS®
software using a built-in dynamic wave solver. A hydraulic model was built and updated for this CSSCSMP as
described in Appendix D — Model Update and Calibration. System capacity was assessed under existing and future
(2042) loading scenarios using the City's criteria presented in Chapter 2.
Page 3 of 5
CITY OF
-AS H LA N D
Eight sewer main capacity related projects (CIP SM-2 through SM-9) and two lift station projects (CIP LS-1 and
LS-2) were identified based on the system capacity evaluation.
If I/I reduction is successful, then some of the capacity projects may no longer be necessary. An iterative approach to
addressing I/I and system capacity projects is therefore recommended. The system capacity evaluation is presented
in Chapter 6 of the Master Plan.
FISCAL IMPACTS
The Comprehensive Sanitary Sewer Collection System Master Plan contract awarded to RH2 Engineering in
February of 2020 was for $298,452 and to date the City has spent a total $298,452 on the project.
Chapter 8 of the Master Plan presents a financial plan to support completion of the collection system CIP. The
financial plan addresses impacts to the City's wastewater system development charges (SDCs) and impacts on sewer
rates paid by existing customers. Chapter 8 also provides potential funding opportunities to finance the CIP. The
recommended collection system CIP projects total approximately $12.74 million to be spent over the next 20 years.
The costs are inflated to approximately $26.35 million to reflect estimated costs at the time of construction.
Projects in the CIP includes I/I evaluation, I/I reduction and gravity collection system improvement, lift station, and
miscellaneous projects (such as future planning studies).
Planning level estimates of total project costs were developed and presented in Chapter 7 of the Master Plan. The
recommended schedule of improvements is broken down by year for the first ten years (2022 to 2032) and then
estimated as a lump sum for the following ten years (2033 to 2042). The CIP schedule proposes expenditures of
approximately $500,000 to $600,000 annually. The proposed CIP annual schedule is similar to previous years
expenditures for the collection system.
A few of the I/I evaluation projects are recommended first to inform the I/I reduction projects which could
potentially eliminate the need for some of the developed capacity -related projects. A summary table and map of the
proposed CIP projects are presented in Chapter 7 (Table 7-3 and Figure 7-1).
Table 8-1
Summary of Sanitary Sewer Capital Costs
Years Estimated
Improvement Project 0-5 6-10 11-20 Total Cost
Estimates in Current Dollars
I&I Evaluation Projects
$359,000
$118,000
$523,000
$1,000,000
I&I Reduction and Gravity Collection Projects
$2,600,000
$1,416,000
$3,933,000
$7,949,000
Lift Station Projects
$0
$1,400,000
$1,790,000
$3,190,000
CSSCSMP Update
$0
$0
$600,000
$600,000
Total Projects Current Dollars
$2,959,000
$2,934,000
$6,846,000
$12,739,000
Estimates in Future Inflated Dollars
I&I Evaluation Projects
$459,000
$243,000
$1,279,000
$1,981,000
I&I Reduction and Gravity Collection Projects
$3,683,000
$2,748,000
$9,621,000
$16,052,000
Lift Station Projects
$0
$2,471,000
$4,379,000
$6,850,000
CSSCSMP Update
$0
$0
$1,468,000
$1,468,000
Total Projects Inflated Dollars
$4,142,000
$5,462,000
$16,747,000
$26,351,000
Source: RH2 Engineering and HEC, March 2022.
Financial recommendations include forecasted rate increases as shown below. Recommendations also include
pursuing grants and no or low interest loans that can include principal forgiveness, for all wastewater system
Page 4 of 5
CITY OF
-ASHLAND
improvements to minimize rate impacts on the City's customer base. The City should also continue to include
maintenance of a reserve monies in the wastewater fund that meet policy requirements. Chapter 8 provides full
details of the financial analysis and recommendations.
Table 8-6
Calculated Sewer Rates
Current Projected Rates
Custonal Type Rate 1-Jul-22 1-Jul-23 14ul-24 1-Jul-25 1-Jul-26 i-Jul-27 1-Jul-28
Biennium 1 Biennium 2 Biennium 3
Residential
0.00%
8.00%
6.00%
4.50%
4.50%
4.00%
4.00%
Monthly Service Charge, per unit
$33.94
$33.94
$36-66
$38.85
540 60
$42.43
$44.13
$45-89
Quantity Charge, per cf
$0.05064
$0-05064
$0.05469
$0.05797
$0 06058
$0.06331
S0-06584
$0.06947
Commercial, Industrial, Governmental
Monthly Service Charge
$35.41
$35.41
$38-24
540.54
542.36
$44.27
546.04
$47-88
Quantity Charge, per cf
$0.05621
$0.05621
50.06071
$0.06435
$0.06724
$0.07027
50-07308
$0.07601
Greenhouses, Churches, Schools (K-12)
operating 9 months/yr
Monthly Service Charge
$35.41
$35.41
$38.24
$4054
$42.36
$44.27
$46.04
$47-88
Quantity Charge, per cf
$0.05621
SO-05621
50.06071
$0.06435
$0.06724
$0.07027
$0.07308
$0.07601
Bed & Breakfasts & Ashland Parks Bathrooms
Monthly Service Charge
$35.41
$35.41
$3824
$40.54
$42.36
$44.27
$46.04
$47.98
Quantity Charge, per cf
$0.05621
50-05621
50.06071
$0.06435
50.06724
$0.07027
$0.07308
$0.07601
Souma: City at Ashland and MEC 2021 rates analysis.
(11 an. winter water use >400 cf.
STAFF RECOMMENDATION
Staff recommends adoption of the Comprehensive Sanitary Sewer Collection System Master Plan
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to adopt the Comprehensive Sanitary Sewer Collection System Master Plan as the current planning
document.
REFERENCES & ATTACHMENTS
Attachment #1: Comprehensive Sanitary Sewer Collection System Master plan (Link)
Page 5 of 5
CITY OF
ASH LAN D
Council Business Meeting
October 4, 2022
Agenda Item Adoption of the Stormwater and Drainage Master Plan
From Scott Fleury PE Public Works Director
Contact Scott.fleuryCaD-ashland.or.us 541-552-2412
SUMMARY
Before the Council is the 2020 Stormwater and Drainage Master Plan prepared by Kennedy Jenks. Staff is
requesting Council adopt the Stormwater and Drainage Master Plan as the current planning document for the City's
storm drainage system. The Stormwater and Drainage Master Plan provides a useful planning tool associated with
the City's stormwater system and is primarily focused on the 2020-2030 time frame but also looks beyond to 2040.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
• Essential Service -Drinking Water System
• Emergency Preparedness
• Address Climate Change
• Continue to leverage resources to develop and/or enhance Value Services
CEAP Goals:
• Natural Systems: Air, water, and ecosystem health, including opportunities to reduce emissions and
prepare for climate change through improved resource conservation and ecosystem management.
• Strategy NS-2: Manage and conserve community water resources
• Address Climate Change by helping to reduce Ashland's greenhouse gas emissions and to prepare the
city's communities, systems, and resources to be more resilient to climate change impacts.
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
Staff previously provide a comprehensive review of the document at the March 1, 2021 Study Session inutes,
Staff Report, Presentation).
BACKGROUND AND ADDITIONAL INFORMATION
The City of Ashland has a long background with respect to storm water and drainage planning along with
participation in regional partnerships for stormwater and water quality improvements within the Rogue
Basin. The City participates as a member of the Stormwater Advisory Team (SWAT) that has helped
developed design standards and best management practices for storm drain treatment and conveyance
systems used regionally.
Page 1 of 4
CITY OF
-AS H LA N D
In 2000, in anticipation of impending incorporation into the National Pollutant Discharge Elimination
System (NPDES) program, the City developed a Stormwater and Drainage Master Plan (SW&D MP) as a
first step towards meeting NPDES requirements. MS4* NPDES permits are issued on a five-year cyclical
basis by the Department of Environmental Quality (DEQ). The first permit issued to the City occurred in
2004. The permit authorizes regulated small municipal separate storm sewer systems to discharge stormwater
to surface waters of the state, in accordance with the requirements, limitations and conditions.
The MS4 permit requires the city to have a stormwater management program that regulates water quality,
effluent limitations, and conditions. The city is required to maintain legal authority, provide stormwater
management documents, conduct education and outreach activities to the specified target audience, have
an illicit discharge detection and elimination (IDDE) program, monitor construction site runoff, and
practice pollution prevention and good housekeeping in all city operations. The City is required to monitor
and report on all permit requirements of the stormwater system yearly.
**MS4: A municipal separate storm sewer system, commonly called an MS4, is a conveyance or system of
conveyances, such as roads with drainage systems, municipal streets, catch basins, curbs, gutters, constructed
channels or storm drains, owned or operated by a governmental entity that discharges to waters of the state.
Along with the MS4 permit the city also has a Total Maximum Daily Load (TMDL) plan with DEQ. The
TMDL or clean water plan is a science -based approach to cleaning up polluted waters to meet the
requirements of the Federal Clean Water Act. In Ashland, Bear Creek has a TMDL plan for 3 pollutants:
bacteria, sedimentation, and temperature. Bear Creek is the main receiving water body of the state for storm
water which validates the importance to follow all water quality standards within the City's storm water
program. Water quality samples are collected from local streams (monthly) and storm drains (3 times a year;
dry weather, first flush, and wet weather) at more than 35 locations from Ashland through Central Point,
making the Bear Creek TMDL plan a regional effort with multiple agencies involved in meeting TMDL
requirements.
In 2017 Kennedy Jenks was selected as the consulting firm to produce an updated Stormwater and Drainage Master
Plan. The primary goals of the SW&D MP were to validate the City's existing drainage systems conditions
previously assessed in the 2000 SW&D MP and recommend an updated 20-year Capital Improvement Plan (CIP)
that incorporates new projects to target deficient problem areas for improvements; meets anticipated future buildout
needs; meets current local, state, and federal regulatory requirements.
Future development and redevelopment in the City continue to place pressure on existing conveyance routes and
infrastructure, which requires a holistic review of both the physical and policy changes needed for stonnwater
management. This 2020 SW&D MP was a focused effort to meet both short- and long-term City stormwater
management needs understanding the regulatory requirements associated with a new MS4 permit issued by DEQ in
2019.
The City of Ashland Stormwater and Drainage Master Plan (SW&D MP) update identifies existing drainage
problems in the City of Ashland and proposes a prioritized list of improvement projects to address them. It
recommends future actions by the City and private developers to enhance the City's creek corridors, improve water
quality, and handle future storm drain capacity problems. This plan update also provides a financial plan for the fund
including rate analysis and Systems Development Charges methodology updates. The SDCs have been formally
reviewed by the SDC Committee as required by Ashland Municipal Code. The Council has received multiple
presentations on SDCs and staff will be bringing forward the full methodology and associated resolutions for
adoption to a future business meeting.
Page 2 of 4
CITY OF
ASHLAND
The main components of the Stormwater and Drainage Master Plan update include:
• Executive Summary
• Introduction
• Study Area and Existing Drainage System Description
• Drainage System Evaluation
• Evaluation of Improvement Projects
• Evaluation of Stormwater Program
• Capital Improvement Plan
• Funding Alternatives
• References
In 2019 the City was issued an updated MS4 permit which shifts the requirements from voluntary to mandatory. As
part of the mandatory shift DEQ has requested that permit holders develop updates to their stormwater management
operations and maintenance program for the areas of focus. The program defines actions that will need to be taken
by the City to ensure compliance with the MS4 requirements. Actions include, but are not limited to, system
inspections, dry weather screenings, basin cleaning, yearly training, ditch maintenance, inspection of treatment
facilities (public and private) and annual reporting.
As part of the MS4 requirements a Stormwater Program Management document (SWMP) is required. Staff
developed program document and submitted to DEQ as required by DEQ on April 30, 2021. DEQ provided
comments back on the draft SWMP and they were incorporated into the SWMP.
Staff is also working on a Municipal Code update that will incorporate Storm Drain requirements into one
comprehensive section of the code. Currently multiple sections of code can be referenced with respect to storm drain
requirements and potential enforcement activities for failure to comply with codified requirements.
The Climate Policy Commission has reviewed the draft master plan and elements of the Climate Energy Action Plan
(CEAP) have been incorporated into the final draft, reference executive summary page III.
FISCAL IMPACTS
The Stormwater and Drainage Master Plan Update contract awarded to Kennedy Jenks was $227,146 in November
2017. To date the City has spent a total $227,142 on the project.
The SW&D MP includes a financial evaluation of projected operating and debt expenditures along with a
recommended increase to the SDC fee for the planning period. The SDC fee methodology and increase will be
vetted separately by the SDC Committee and consultant firm currently under contract reviewing both water and
storm drain SDCs.
The capital project list and associated rate increase tables are shown below. As recommended in the financial plan
capital projects are to be funded by both cash and debt funding and the rate increases are recommended to cover
operational costs, but also to cover the cash and debt service requirements as needed for the program.
Page 3 of 4
CITY OF
ASH LAN D
Summary of Projected Capital Projects*:
Project
CIP #1: Gresham Street at Beach Avenue
Estimated Cost
$391,000
Priority
High
CIP #2: Dewey Street at East Main Street
$247,000
High
CIP #3: Siskiyou Boulevard and University Way
$129,000
High
CIP #4: Morton Street from Pennsylvania Street to Iowa Street
$434,000
High
CIP #5: Liberty Street from Ashland Street to Iowa Street
$848,000
Medium
CIP #6: Holy Street and Harrison Street
$787,000
Medium
CIP #7: East Main Street at Emerick Street
$235,000
High
CIP #8., North Mountain Avenue
$188,000
Medium
CIP #9: 3rd Street at B Street
$718,000
Medium
CIP #10: Manzanita Street at Almond Street
$552,000
Medium
CIP #11: Highway 66 at Oak Knoll Drive
$232,000
Medium
CIP #12: Dewey Street at East Main Street
$70,000
Medium
CIP #137 Van Ness Avenue at Water Street
$594,000
Medium
CIP #14: West Nevada Street east of Alameda Drive
$702,000
Medium
CIP #15: Cemetery Creek Basin Stormwater Quality Improvement
$7,500
High
*Note: The North Mountain Avenue project is included in the North Mountain Avenue roadway rehabilitation
project current under design (CIP #8).
Summary of Projected Stormwater Rates:
Annual System -wide Rate Increase 1 0.00% 9.00% 9.001k 7.00% 6.00% 6.001/6 6.00% 5.001/9 4.00%
Monthly Storm Draiange Fee
Single Family (per residence)
$4.99
$C99
$5.44
$5.93
$6.34
$6.72
$7.13
$7.56
$7.93
$825
Condominium 1-9 Units (per unit)
2.14
2-14
2.33
2.54
2.72
2-88
3.06
3.24
3.40
3.54
Multifamily 1-9 Urots (per unit)
2.14
2-14
2-33
2.54
2.72
2.88
3.06
324
3.40
3.54
Mobile Home and Trailer 1 9 Units (per unit)
2-14
2.14
2.33
2.54
2.72
2.88
3.06
3.24
3.40
3.54
Other (per 1,000 sq. ft. of impervious surface area)
1.66
1.66
1.81
1.97
2.11
Z24
2.37
2.51
264
2.74
Residential Accounts $4.% $4.% $5.44 $5.93 $6.34 $6.72 $7.13 $7.56 $7.93 $825
Commercial Accounts 1 4.99 4.99 5.44 5.93 6.34 6.72 7.13 7.56 7.93 8.25
STAFF RECOMMENDATION
Staff recommends adoption of the Stormwater and Drainage Master Plan
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to adopt the Stormwater and Drainage Master Plan as the current planning document.
REFERENCES & ATTACHMENTS
Attachment 41: Storm Water and Drainage Master Plan (Link)
Page 4 of 4
CITY OF
ASHLAND
Council Business Meeting
October 4, 2022
Agenda Item City Attorney's Report on City Council/City Manager Authority Respecting Park
and Recreation
From I Doug McGeary
Acting City Attorney
Contact I Doug.mcgeary@ashland.or.us 541-552-3350 1
SUMMARY
This item is a report to the City Council on an opinion from the Acting City Attorney. The opinion is in
response to requests by the City Manager (see attached February 14, 2022, Memo) and the Parks and
Recreation Director to determine what authority the City Manager has to direct management over employees
delegated to the Parks and Recreation Director. This issue is complicated by the City's Charter and historical
practices related to operations and management of the Parks and Recreation operations.
PREVIOUS COUNCIL ACTION
Discussed during the City Council Study Session on September IV', 2022.
FISCAL IMPACTS
The report is informational in nature and is not anticipated to have a direct fiscal impact.
The City has been informed by its insurance carrier, City/County Insurance Services (CIS), that the designation of
two government bodies having oversight of City operations, the City Council and the Park Commission, requires the
adding of a $100,000 liability insurance deductible per occurrence for employment related claims to the City's
property and casualty insurance policy. Previously, the insurance deductible was a total aggregate of $125,000 a
year for all City claims (see attached July 1, 2022, Memo on the Property and Casualty Insurance Premium
Increase). This liability deductible change has been identified by CIS as necessary so long as Park and Recreation
operations retains its autonomy from City oversight but is not an actual separate legal entity. CIS views this as an
additional risk and liability for coverage. CIS must be prepared to defend both the City Council and the Park
Commission with separate legal counsel related to Park and Recreation Department employment claims. This
change raises the possibility of increased City cost for the added deductible obligation for each City employment
related claim.
REFERENCES & ATTACHMENTS
Attachment 1: Memo City Manager/Council Authority respecting Parks Commission
Page 1 of 1
CITY OF
ASH LAN D
CITY OF
ASH LAN D
LEGAL DEPARTMENT
Z=%
DATE: 09-15-2022
TO: Joe Lessard, City Manager
Michael Black, Parks Director
FR: Douglas M McGeary, Acting City Attorney
RE: City Manager/Council Authority respecting Parks Commission
BACKGROUND:
The City Charter vests the City Council and the Mayor with all powers of the City. Charter VIII § 1.
The Charter, however, further establishes two separate commissions within the City organization, the
"Ashland Park Commission" and the "Ashland Recreation Commission", which are elected and have
their own powers. These powers include "control and management" of dedicated city park lands and
open space park program lands, and of "park funds" which shall be expended "for beautifying and
improving the City's parks." Because the individuals comprising the boards for both bodies are the
same, the City has historically come to treat them as a combined commission.
The historic relationship between the City Council (the "City") and the two commissions appears as one
of allowance under a Mayor/City Administrator or "strong mayor" form of governance until recently
changed in the Charter. That is, the Mayor and City Council has allowed or authorized the Park or
Recreation Commissions, as the Park and Recreation Commission, to oversee Park and Recreation
operations. This deference is natural given the likely tendency for an elected official to accede to the
specific charge of another elected body, particularly one that is expected to accumulate expertise in its
assignment.
The City Charter of Ashland was amended by public vote in 2020 adding Article VIII-A to the City
Charter that established the position of City Manager to oversee City business operations. This change
transitioned the City to a Council -Manager form of government. This governance model is a manager
centric or "strong manager" form of government often adopted by larger municipalities or more complex
organizations. The City's Chief Executive Officer (CEO) responsibilities, once assigned to the mayor,
are now assigned to the City Manager in line with a CEO in the private sector to make operational and
management decisions for the organization. The successes or failures of the City Manager, therefore, is
more singularly dependent upon the officer's skills and abilities to respond to Mayor and Council policy
decisions and control operations of the entire operation.
CITY OF ASHLAND �.
CityAttomey Te1:541488-5350 Legal Department
20 East Main Street Fax: 541-552-2092 David H. Lohman, City Attorney
Ashland, OR 97520 TTY: 800-735-2900 david.lohman0ashland.orms
www.ashland.or.us
The language of the City Manager amendment, however, includes language that exempts oversight and
management of specific "employees" from management oversight by the City Manager:
"The Ashland Parks and Recreation Commission shall have responsibility for
appointing, supervising, and removing its employees, subject to state law, Ashland
Municipal Code, written mutual agreements between the City Council and Ashland
Parks and Recreation Commission, and formal, written City administrative policies."
Charter Article VIII-A §4 (4)a. (Emphasis added)
This section of the amendment also provides that the City Manager "shall have no responsibility for the
supervision of the ... Ashland Parks and Recreation Commission." Charter Article VIII-A §4 (5). The
above exemption provides that employees assigned to the "Park and Recreation Commission" are most
notably determined by or under the City Council's plenary authority to adopt provisions of the Ashland
Municipal Code (AMC), set City administrative policies, adopt City Council resolutions, or enter into
memorandums of understanding (MOUs) with the Park and Recreation Commission.
Except for the language in Article VIII-A of the Charter establishing the City Manager position, there
are no other references to a "Park and Recreation Commission" in the City Charter. The two Charter
established commissions are part of the City organization. They are not created as independent or
separate from the City as legal entities. And in that respect, there is no specific power in the Charter for
either the Park or Recreation Commission to hire employees. However, the City has created through
ordinance the power for the Ashland Recreation Commission "to appoint or designate some individual
to act as recreation director..., and such other personnel as the [Recreation] Commission deems
proper." AMC 2.16.040. This Director's office has historically answered to the two Charter established
commissions.
Before the adoption of City Manager Charter provision, where respective management or operations
commingled or remained ambiguous between the City and commissions, the entities found a need to
form several MOUs to separate and apportion their respective share of several responsibilities to the
overall organization. One main MOU has been amended over time until its last iteration dated August
19, 2014 (the "2014 MOU") was created prior to the change to a City Manager form of governance.
The 2014 MOU predominantly leaves authority over Park and Recreation employees and park land with
a Park and Recreation Commission while the agreement assigns human resource functions to the City.
ANALYSIS:
A. INTRODUCTION: The 2020 adoption of Article VIII-A in the City Charter establishing the
City Manager position has presented a question over what degree the Council through its City Manager
may have administrative authority over the city's Park and Recreation Department and its employees.
As discussed above, the Commission has historically had operational oversight of the City's Park and
Recreation Department under portions of the AMC and in MOUs between the City Council and the
Commission. With the hiring of a City Manager, responsibilities for the overall organization are
realigned and the language within the new 2020 Charter provision must be read given plain meaning to
its text, but also informed by the history of agreements that have been created and are currently used by
the City and Commission.
DEPARTMENT HERE Tel: 541-488-6002
Street Address Fax: 541-088-5311 �=,
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
B. TEXT AND CONTEXT. Under a plain text reading of the Charter, the 2020 Charter
amendment does not appear to otherwise change the form of the City's government, although the
creation of the City Manager's office was clearly designed to consolidate management functions into a
chief executive -type position for the City in general and specifically to appoint, supervise and remove
any non -elected department heads or other city employees.
C. LEGISLATIVE HISTORY. To further define or interpret the text and context of the 2020
Charter amendment, the voter's pamphlet can also be considered for evidence. An overall inspection of
that document indicates that the 2020 City Manager amendment was to maintain the status quo
otherwise created by the Charter and developed over time.
The pamphlet indicates that the City Manager is given no extra supervisory authority over the
Commission. Although neither the Park Commission nor the Recreation Commission are entities
specifically authorized under the City Charter to operate independent of the City or to hire or oversee
employees.
D. GUIDANCE BY ORDINANCE AND MUTUAL UNDERSTANDINGS. Based on the City
Council's allocation of responsibilities in the 2014 MOU, the City Manager, like the City Administrator
before, currently does not have authority to manage or oversee the employees of the Park and Recreation
Department.. Importantly and consistent with the Charter, the MOU also provides for this Commission
to develop and recommend a proposed budget to the City thereby ultimately leaving decisions of
adopting the final budget with the City. It is also important to note that other MOU's between the City
and Commission, or City Council adopted resolutions have established and apportioned responsibilities
between the parties for other City controlled properties, programs or funds that do not fall under the
definition of park lands or park funds.
Technically, the City has not established the usual structures within the City's organization or
administrative code which would clarify and enable the two City Charter established commissions to
administer their chartered functions or the MOUs assigned oversight responsibilities. The City Charter
does not create a Park and Recreation Department or assign its oversight to either the Park Commission,
Recreation Commission or a Park and Recreation Commission. The Park Commission is defined in the
City Charter simply as "The certain board ... perpetuated and continued as five (5) members." The
charter does assign "control and management" of dedicated park lands, open space park program lands
and park funds to the Park Commission but not employee or department oversight. The "control and
management" language, in essence, assigns asset level oversight responsibilities to the Commission, a
role not usually connected with operational management in the Council -Manager form of local
government or in the private sector. There are also no Ashland Municipal Code (AMC) ordinance
provisions establishing a Park and Recreation Department and its oversight, as is the case for other City
departments. Finally, it is the MOUs adopted by the City Council related to Park and Recreation
operations that, somewhat confusingly, allocates oversight responsibilities to either the Park
Commission, simply to "Parks", to the technically undefined "Park and Recreation Commission" or to
the Park and Recreation Director to whom the Park and Recreation Commission has "delegated
management responsibility."
DEPARTMENT HERE Tel: 541-488-6002 �.
Street Address Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900ww.,_
washland.orms
Compounding the lack of organizational clarity or structure related to the Park and Recreation
operations, is that in limited circumstances the City Manager has been given, by City Charter,
operational authority over Park Commission/Park and Recreation Commission matters to ensure
performance of certain budget and asset management functions necessary to the City. These limited
functions include situations involving the administration of the citywide budget for compliance and
financial solvency, and management responsibility for non -park property or facilities under the Park and
Recreation Departments assigned responsibilities.
The Charter has established the separate charges for the City Manager, the Park Commission and the
Recreation Commission. The electorate was presented with a decision to create the City Manager
position with the likely understanding that the roles between these would continue substantially
unchanged but also under or subject to the plenary authority of the City Council, historically exercised
to assign management oversight of Park and Recreation operation responsibilities in MOUs. Currently,
it is through these ordinances and agreements that the City Manager's ultimate authority can be
understood. The City Council, however, retains its historic right to adopt or alter ordinances, and enter
into or continue/discontinue MOU agreements.
Through ordinances and separate agreements, the City Council and Park Commission have integrated
functions and agreed upon budgeting and the allocation of employees. Over time these ordinances and
separate agreements seem to have satisfied the electorate that the sharing of responsibility for various
management and operational functions, whether or not the efforts fall specifically within the charge of
any particular office or Commission, may be appropriate and can continue. This sharing of
responsibility does not change simply due to the decision made to pass the 2020 Charter amendment
establishing the office of the City Manager. Regardless, the City Council retains the right, as exercised
historically, to make the allocation of Park and Recreation operational oversight under its plenary
authority. This right is confirmed by the language of Article VIII-A that grants the right of the Park and
Recreation to oversee its employees "subject to state law, Ashland Municipal Code, written mutual
agreements between the City Council and Ashland Parks and Recreation Commission, and formal,
written City administrative policies."
Where the allocation or assignment of management responsibility is now questioned or in doubt, the
City Council can make changes to ordinances, if necessary, to further empower the City Manager and
affect Commission operational changes that the City finds necessary in the interest of the City.
Alternatively, without the existence of certain standing AMC ordinances and the MOU agreements, the
default management oversight setting would appear to potentially result in the circumstance of there
being no employees or operational assignments to an Ashland Park and Recreation Commission. The
current authority to clarify the organizational structure and assignment of oversight for Park and
Recreation Department functions rests with the City Council.
CONCLUSION.
The Charter has established the separate charges for the City Manager and the Commission. The
electorate was presented with a decision to create the City Manager position with the understanding that
the roles between the two would not substantially change. Historically, these roles have primarily
maintained the character as defined by the Charter and as have been adopted in ordinances and mutual
4
DEPARTMENT HERE Tel: 541488-6002 �.
Street Address Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900w.rats
agreements found necessary to guide who should be performing what activities on behalf of the City. It
is through these ordinances and agreements that the Manager's ultimate authority can be understood.
Technically, the City has not established usual structures within which the Commissions can administer
their chartered functions such as creation of a Parks and Recreation Department. Based on the City
Council's allocation of responsibilities in the 2014 MOU, the City Manager, like the City Administrator
before, currently does not have authority to manage or oversee the employees of the Park and Recreation
Department. In limited circumstances, however, the City Manager has been given, as was the City
Administrator before, limited operational authority over employees assigned to the Commission to
ensure performance of certain maintenance functions necessary to the City. The City Manager,
therefore, has been given historical authority in limited situations involving non -park property to direct
staff assigned primarily under the Commission's authority to perform management and maintenance of
city non -park facilities. Hence, although city employees are assigned to the Commission, they are not
considered exclusively under the control of the Commission when engaged in work outside of the scope
of the Commission. Where in doubt, the City Council could make changes to ordinances or budgetary
appropriation, if necessary, to further define authority or empower the City Manager and indirectly
affect Commission operational changes that the City finds necessary in the interest of the City. The
authority to clarify the organizational structure and assignment of oversight for Park and Recreation
Department functions rests with the City Council.
###
DEPARTMENT HERE Tel: 541-488-6002
Street Address Fax: 541488-5311
�'
Ashland, Oregon 97520 TTY: 800-735-2900
,_
ww. washland.or.us
Council Business Meeting
October 4, 2022
Agenda Item Ratification of a 3-Year Labor Agreement with the LiUNA Local 737
Sabrina Cotta Deputy City Manager/ Acting HR Director
From Scott Fleury Public Works Director
Michael Morrison Deputy Public Works Director
Molly Taylor HR Analyst
Contact sabrinaxotta@ashland.or.us 541-552-2106
SUMMARY
The current labor agreement between the City of Ashland and the LiUNA Local 737 (41 employees) expired on June
30.2022. Bargaining teams worked diligently on reaching agreement on terms for the successor contract. Multiple
sessions have been held to come to an agreement on a three-year contract term. The majority of items agreed upon
early in negotiations were no -cost corrections to language and updates to process and current statute. An agreement
has been reached on both wages and health benefits.
PREVIOUS COUNCIL ACTION
On July 19'', 2022 and August 16t', 2022 staff briefed the City Council about negotiations with the LiUNA 737
Union in Executive Session under ORS 192.660(2)(d).
BACKGROUND AND ADDITIONAL INFORMATION
The City is experiencing increasing difficulty in recruiting and retaining staff. To ensure continuity of services the
City needs to remain a competitive employer within the region. The agreements reached in bargaining regarding
wages and employee cost -share on health benefits represent an understanding of the employees in the bargaining
unit of the financial constraints the City faces while recognizing that inflation and cost of goods and services
continue to create a strain on our workforce.
FISCAL IMPACTS
Due to the wide variety of positions within this bargaining group several funds will be impacted by the new
agreement. The General fund, Street Fund, Water Fund, Wastewater Fund, Stormwater fund, and Equipment Fund
will all be impacted to varying degrees..
The new agreement calls for the following wage and benefit adjustments:
• Year 1: Effective July 1, 2022, a four percent increase for all positions in the bargaining unit will have an
estimated impact of $143,000 for wages and $1426 for HRA VEBA (health savings account).
• Year 2: Effective July 1, 2023, a four percent increase for all positions in the bargaining unit will have an
estimated impact of $149,000 for wages and $1486 for HRA VEBA.
• Year 3: Effective July 1, 2024, a three percent increase for all positions in the bargaining unit with an
estimated impact of $154,000 and $1536 for HRA VEBA.
Page 1 of 2
C I T Y O F
ASH LAN D
Laborers Fund Impact Summary
Fiscal Year 2023 2024
General Fund Impact
Street Fund
Water Fund
Equipment Fund
Wastewater Fund
Stormwater Fund
Total
VEBA Impact
General Fund Impact
$13, 200 $14, 000
Utilities Impact
$21, 500
$45,400
$17, 500
$37,000
$8,000
$142, 600
$1,426.00
$22,360
$47,216
$18,200
$38,480
$8, 320
$148,576
$1,485.76
2025
$15, 000
$23, 031
$48, 632
$18,746
$39, 634
$8, 570
$153,613
$1, 536.13
$144,026.00 $150,061.76 $155,149.41
Longevity Pay program with annual bonus distributed on the I" paycheck in December
0 5 years of service $1000 annual bonus
0 10 years of service $1250 annual bonus
0 15 years of service $1500 annual bonus
The longevity pay program will serve as a retention tool by providing an incentive to remain with the City
long-term and amounts to an estimated $34,000 annually.
Healthcare adjustment
As an offset to the increase in wages the employee base healthcare plan will transition on January 1, 2023 to
a 1500/4500 deductible plan from the current 500/1500 deductible plan. The transition will net the City
$300,000 in savings city-wide. The bargaining group will also be transitioning from a 95/5 employer
employee healthcare split to a 90/10 employer employee healthcare split during the life of this agreement.
7/1/2022 - 12/31/22: Retain 95/5 employer / employee split
1/1/2023 — 6/30/23: 92.5 /7.5 employer / employee split
7/1/23-6/30/25: 90/10 employer / employee split
STAFF RECOMMENDATION
Staff recommends that the City Council authorize the City Manager and Mayor to sign the three-year contract,
ratifying the tentative agreements reached in negotiations with the LiUNA Local 737 Union.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to approve the three- year labor agreement between the City of Ashland and the Laborers Union Local 737
and authorize the City Manager to sign the three-year agreement.
REFERENCES & ATTACHMENTS
Attachment 1: Final Draft Three -Year Contract with the LiUNA Local 737 Union
Attachment 2: Red -line Draft Three -Year Contract with the LiUNA Local 737 Union
Page 2 of 2
CITY OF
ASHLAND
AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS
=. Od
LABORERS UNION LOCAL 737
July 1, 2022 - June 30, 2025
TABLE OF CONTENTS
PREAMBLE....................................................................................................................................5
SCOPEOF AGREEMENT.............................................................................................................5
ARTICLEI — RECOGNITION.........................................................................................................5
ARTICLE II- UNION SECURITY AND CHECK-OFF.....................................................................5
Section1. Union Security..............................................................................................................5
Section 2. Check -off for Union Members......................................................................................6
Section 3. Check -off for Non-Members.........................................................................................6
Section4. Indemnification.............................................................................................................6
ARTICLE III - MANAGEMENT RIGHTS........................................................................................6
ARTICLE IV - STRIKE AND LOCKOUT PROHIBITION
...............................................................7
ARTICLEV - HOLIDAYS...............................................................................................................8
Section 1. Recognized Holidays...................................................................................................8
Section2. Holiday Pay..................................................................................................................9
Section3. Holiday Work................................................................................................................9
ARTICLE VI - VACATIONS............................................................................................................9
Section1. Eligibility.......................................................................................................................9
Section 2. Continuous Service...................................................................................................10
Section 3. Use of accrued vacation time....................................................................................10
Section 4. Accrual Notification....................................................................................................10
Section5. Scheduling.................................................................................................................11
Section 6. Payment on Termination..............................................................................................11
ARTICLE VII - HOURS OF WORK..............................................................................................11
Section1. Workweek..................................................................................................................11
Section 2. Hours..................................................................................Error!
Bookmark not defined.
Section3. Work Schedules.........................................................................................................12
Section4. Rest Periods..............................................................................................................12
Section5. Meal Periods..............................................................................................................12
ARTICLE VIII - SICK LEAVE.......................................................................................................12
Section 1. Accumulation...................................................................Error!
Bookmark not defined.
Section 2. Utilization for Illness or Injury ...........................................Error!
Bookmark not defined.
Section 3. Integration with Worker's Compensation .........................Error!
Bookmark not defined.
Section 4. Sick Leave Without Pay ...................................................Error!
Bookmark not defined.
Section 5. Termination......................................................................Error!
Bookmark not defined.
Section 6. Compensation for Not Using Sick Leave...................................................................13
Section 7. Use for Family Illness...................................................................................................14
ARTICLE IX - FUNERAL LEAVE.................................................................................................14
2022-2025 Laborer's Contract Page 2
5ection1. Funeral Leave............................................................................................................14
ARTICLE X - OTHER LEAVES OF ABSENCE...........................................................................14
Section 1. Leaves of Absence Without Pay................................................................................14
Section2. Jury Duty....................................................................................................................15
Section3. Appearances..............................................................................................................15
Section 4. Required Court Appearances...................................................................................15
Section 5. Election Day.....................................................................Error! Bookmark not defined.
Section 6. Union Business..........................................................................................................15
Section 7. Educational Leave.....................................................................................................15
Section8. Military Leave.............................................................................................................16
Section 9. Failure to Return From Leave....................................................................................16
ARTICLE XI - COMPENSATION.................................................................................................16
Section1. Pay Schedule.............................................................................................................16
Section2. Pay Periods................................................................................................................16
Section3. Call -Back Time...........................................................................................................16
Section4. Overtime.....................................................................................................................17
Section 5. Over -time Compensation...........................................................................................17
Section6. Standby Pay...............................................................................................................17
Section 7. Certification-Pay...........................................................................................................17
Section8. Mileage.......................................................................................................................18
Section 9. Working Out of Class.................................................................................................18
Section10. Longevity Pay............................................................................................................18
ARTICLE XII - DISCIPLINE AND DISCHARGE..........................................................................19
Section1. Discipline....................................................................................................................19
Section2. Discharge...................................................................................................................20
ARTICLE XIII - SETTLEMENT OF DISPUTES............................................................................20
Section 1. Grievance and Arbitration Procedure........................................................................20
Section2. Stewards....................................................................................................................21
ARTICLE XIV - SENIORITY.........................................................................................................21
ARTICLE XV - GENERAL PROVISIONS....................................................................................24
Section 1. No Discrimination.......................................................................................................24
Section2. Bulletin Boards...........................................................................................................24
Section 3. Visits by Union Representatives................................................................................24
Section4. Solicitation....................................................................................................................25
Section 5. Existing Conditions....................................................................................................25
Section6. Rules..........................................................................................................................25
Section7. Other Employment.....................................................................................................25
2022-2025 Laborer's Contract Page 3
Section 8. Supervisory Employees.............................................................................................25
Section 9. Uniforms, Protective Clothing and Devices...............................................................25
Section 10. Response Time Requirement..................................................................................26
Section 11. Safety Committee....................................................................................................26
Section 12. Training Opportunities..............................................................................................26
Section 13. Temporary Employees.............................................................................................26
ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT.........................................................26
Section 1. Health and Welfare....................................................................................................26
ARTICLE XVII - WORKER'S COMPENSATION.........................................................................28
Section 1. Worker's Compensation.............................................................................................28
Section 2. Supplementary Payment............................................................................................28
ARTICLE XVIII - LIABILITY INSURANCE...................................................................................28
Section 1. Liability Insurance......................................................................................................28
Section 2. Property Insurance.....................................................................................................28
ARTICLE XIX - SAVINGS CLAUSE AND FUNDING..................................................................29
Section 1. Savings Clause...........................................................................................................29
Section2. Funding......................................................................................................................29
ARTICLE XX - TERMINATION AND REOPENING.....................................................................30
APPENDIX A - CLASSIFICATION SCHEDULE.............................................................31
APPENDIX B - SALARY SCHEDULE..........................................................................32
APPENDIX C - PURPOSES FOR SICK LEAVE.............................................................35
2022-2025 Laborer's Contract Page 4
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS and LABORERS UNION LOCAL 737
PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to
as the "City", and Oregon, Southern Idaho District Council of Laborers International
Union of North America-, AFL-CIO, hereinafter collectively referred to as the "Union".
Unless indicated otherwise, references to the "City" herein shall include the City's
elected officials, the City Manager, 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 fall and complete Agreement between the
parties on the matters pertaining to rates of pay, hours of work and other conditions of
employment.
SCOPE OF AGREEMENT
This Agreement shall apply to classifications of employees in the Public Works
Department, Ashland, Oregon, as set forth in Appendix "A" but excluding supervisory
employees, confidential employees, clerical employees, guards, part-time employees,
or 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 hereof.
The parties agree as follows:
ARTICLE I — RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for the
purpose of establishing rates of pay, hours of work and other conditions of employment
for all employees within the bargaining unit described immediately above.
ARTICLE II- UNION SECURITY AND CHECK -OFF
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. Their
2022-2025 Laborer's Contract Page 5
membership or non -membership in the Union shall be the individual choice of
employees covered by this agreement. The City shall furnish to the union the names
and addresses (including cell phone and personal email) of newly hired employees
covered by this agreement with in thirty (30) calendar days following the employees
date of hire.
Section 2. Check -off for Union Members. Upon receipt monthly from the Union of a
list of names of bargaining unit employees who have authorized such deductions, the
City agrees to deduct the regular monthly dues uniformly required of members of the
Union and remit such deductions by the fifteenth (15th) of the succeeding month to the
official designated by the Union in writing to receive such deductions. The Union will
notify the City in writing of the exact amount of such regular membership dues to be
deducted. Authorization by the employee shall be on forms furnished and kept by the
Union and may be revoked by the employee upon request. Employees terminating with
less than ten (10) working days in any calendar month will not be subject to a dues'
deduction.
Section 3. New Employee Orientation. The City shall hold a new employee
orientation for new hires in the bargaining unit. The City shall provide the Union notice
of new employee orientations no less than 10 calendar days before the orientation and
shall include the date, time and location of the orientation. Immediately following the
City's orientation, the Union shall be allowed up to (30) minutes to provide its new
employee orientation to the new hire(s). Management shall not be present during the
Union's presentation. The decision whether to attend the Union's orientation shall be at
the sole discretion of the new employee, but if the employee attends, their attendance
shall be without loss of pay.
Section 4. Indemnification. The Union agrees to indemnify and hold the City harmless
against any and all claims, orders, or judgments brought or issued against the City as a
result of any action taken or not taken by the City under the provisions of this article.
Upon written notification by the Union of a check -off error, the City will make
adjustments within sixty (60) days of receipt of such notification.
ARTICLE III - MANAGEMENT RIGHTS
Union recognizes the prerogative of City to operate and manage its affairs in all
respects in accordance with its responsibilities, and the powers or authority which City
has not expressly abridged, delegated or modified by this Agreement are retained by
City. It is understood and agreed that City possesses the sole and exclusive right to
operate the City through its City Manager and department heads and that all
management rights repose in it, but such rights must be exercised consistent with the
other provisions of this contract. These rights include but are not limited to the following:
2022-2025 Laborer's Contract Page 6
To determine the mission of its constituent departments,
commissions and boards.
2. To set standards of services.
3. To train, assign and direct its employees.
4. To discipline or discharge for just cause.
5. To relieve its employees from duty because of lack of work,
finances or other legitimate reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which
government operations are to be conducted; except that the City
will not contract any work which is ordinarily done by its regular
employees for the specific purpose of laying off or demoting such
employees, and will furnish the Union with a copy of any contract
entered into involving work covered by this contract.
8. To determine the content of and the minimum qualifications for 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 AND LOCKOUT 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 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 the 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.
2022-2025 Laborer's Contract Page 7
Section 2. In the event of a 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 subject
matter is or is not subject to the grievance and arbitration provision of this Agreement.
Section 3. There will be no lockout of employees in the unit by the City as a
consequence of any dispute with the Union arising during the period of this Agreement.
ARTICLE V — HOLIDAYS
Section 1. Recognized Holidays. The following shall be recognized as holidays:
New Year's Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Juneteenth (June 19)
Independence Day (4th of July)
Labor Day (1st Monday in
September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in
November)
Day after Thanksgiving (4th Friday in
November)
Christmas Day (December 25th)
a) When the U.S. President or Oregon Governor establishes a new
annuallyreoccurring holiday or issues a declaration or executive order
directing a one-time federal or state office closure for the purposes of
observing a day of nationwide or statewide celebration or homage — for
example, for mourning the passing of a former president or other significant
person or for memorializing a particular tragic or jubilant event — such a day
will be a paid holiday for City employees subject to this bargaining
agreement; and
b) A presidential declaration or executive order for the specific purpose of
closing federal offices will not necessarily result in a paid City holiday.
Examples of federal or state closures that will not necessarily constitute a
paid City holiday include: furloughs, weather -related closures,
disaster/emergency closures, and office closures extending, for federal
employees, the recognized holidays listed in Section 1 above, such as
closing the day just prior or just after Christmas.
2022-2025 Laborer's Contract Page 8
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
preauthorized vacation, sick leave, or other leave with pay when a holiday
occurs, payment to the employee for that day shall be accounted for as holiday
pay, not as pay for hours of the preauthorized leave.
Section 2. Holiday Pay. Regular employees shall receive eight (8) hours pay for each
of the Holidays listed above on which they perform no work. In order to be eligible for
Holiday pay when no work is performed, an employee must work on their last scheduled
workday prior to the Holiday and on their first scheduled workday immediately following
the Holiday, unless the employee provides a justifiable excuse to the City.
Section 3. Holiday Work. If a regular employee is required to work on any of the
Holidays listed above as part of their regularly scheduled work week, they shall receive,
in addition to their holiday, pay, compensation for all hours worked at their regular
straight time rate of pay. Compensation accrued by reason of authorized work on a
Holiday as provided herein shall be paid for at the straight time rate being received at
the time the work was performed or given another compensatory day off at the option of
the department head. If any other regular employee is required to work on a Holiday,
they shall receive, in addition to their regular pay, compensation for all hours worked in
accordance with call-back pay provisions set forth in Article XI, Section 3.
ARTICLE VI - VACATIONS
Section 1.
Use of Vacation Time During First Six 6 Months- To aid in the transition to City
employment, upon approval by the employee's supervisor, new hires can use their
anticipated vacation accruals for the first six (6) months of employment starting from
the time of hire. After 6 months of employment, vacation time may be taken only to the
extent such vacation has been accrued. In the event a new employee leaves prior to
completing 6 months of employment, the employee's final pay check will be reduced by
an amount equivalent to pay for the hours the employee took as paid vacation time off
in excess of vacation hours actually accrued (see example below). The opportunity in
December to cash out a portion of earned vacation hours as provided in Section 3.1
only applies to vacation actually accrued and not used.
Example: a new hire is granted 60 hours of vacation at time of hire. They accrue 5
hours of vacation per pay period. During month 2 they use all 60 hours of anticipated
vacation hours then resign after 4 full months on the job. The City would deduct 20
hours of pay from the employee's final pay check because only 4 months of vacation
hours (or 40 hours) had accrued at the time of the employee's resignation.
2022-2025 Laborer's Contract Page 9
Years of Service
Accrued Vacation Per Pay Period*
<4
5 hours per pay period
>4<9
6 hours per pay period
>9<14
7 hours per pay period
>14<19
8 hours per pay period
>19
10 hours per pay period
*There are 26 pay periods per year, however benefits accrue in only 24 of them or two
per month, every month.
Section 2. Continuous Service. Continuous service, for the purpose of accumulating
vacation leave, shall be based on the regular hours paid to the employee. Vacation
leave shall not accrue during a leave of absence without pay. Authorized leave without
pay and lay-offs shall not be counted as service, however, employees returning from
such leave and employees on layoff status shall be entitled to credit for service prior to
the leave or layoff.
Section 3. Use of accrued vacation time. Each year, an employee may use accrued
vacation time to take time off or to carry forward to the next year. The following rules
apply:
Section 3.1. After the first year of employment, an employee can use vacation for time
off as soon as the vacation time has been earned.
Section 3.2. The employee must use at least 75% of their annual vacation accrual for
time off. Example: an employee who earns 16 vacation days per year (10.67 hours per
month) must take at least twelve (12) days of vacation time off during the year.
Section 3.3. Vacation time that is not used for time off will carry forward to the next
year.
Section 3.4. An employee cannot accumulate at any time more vacation time than two
times their annual vacation accrual. Example: an employee who earns 16 vacation
days per year (10.67 hours per month) may accumulate up to thirty-two (32) days of
vacation.
Section 3.5. If an employee has the maximum amount of vacation accumulated, no
more vacation time is earned until the employee has used some of the accumulated
vacation time.
Section 4. Accrual Limitations. An employee will be allowed to accrue vacation up to,
but not to exceed an amount equivalent to two times the amount that they accrue in a
calendar year. An employee who is about to lose vacation credit because of accrual
limitations may, by notifying their supervisor 15 days in advance, request leave to
prevent loss of vacation leave. If the City cannot grant leave due to staffing problems,
the City may grant a temporary allowance to accrue vacation in excess of the accrual
2022-2025 Laborer's Contract Page 10
cap of this subsection. Said temporary allowance may continue for no more than 180
days. No payment shall be made for vacation leave lost by an employee because of
accrual limitations, 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 5. Scheduling. Employees shall be permitted to request vacation on either an
entire basis, or split into increments of not less than one working day. Vacation times
shall be scheduled based on the head of the department's (or their designee's)
judgment as to the needs of efficient operations and the availability of vacation relief.
Accordingly, the City will not guarantee that vacation times selected by the Street
Division crew during the last two weeks of June, and the last two weeks of August or
September will be granted. Subject to the foregoing, employees shall have the right to
determine vacation times. Vacation times shall be selected on the basis of seniority;
provided, however, that each employee will be permitted to exercise their right of
seniority only once annually. The vacation schedule for the period of May 1 to April 30,
shall be posted annually as of April 1 and employees shall exercise their choice by
bidding in seniority. The list shall be closed as of April 30 and subsequent changes
shall be made only by mutual consent between the employee and the City. Scheduling
of vacation periods to the extent consistent with operating requirements of the City and
vacation credits of the employee, shall be in daily units.
Section 6. Payment on Termination. In the event of the death or termination of an
employee during the initial twelve (12) months of their employment, no payment in lieu
of vacation shall be made. In the event of death or termination of employment after an
employee has served for twelve (12) months, and is otherwise eligible for vacation
credits, the employee shall be entitled to payment for accrued vacation leave at the rate
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 is paid.
ARTICLE VII - HOURS OF WORK
Section 1. Hours of Work and Workweek . To the extent consistent with operating
requirements of the City, eight (8) hours shall constitute a regular work shift, and five (5)
consecutive days of regular shifts, normally beginning Monday and terminating Friday,
shall constitute a week's work. However, an employee may be scheduled by the City for
a workweek other than Monday through Friday, which shall become their regular
workweek. With a department head's approval, an alternate 40 hour per week work
schedule can be established such as four (4) workdays of ten (10) hours. The City
Manager and Department heads have discretion to end such approval.
Within the regular work shift for Treatment Plant Operators is a paid, one-half hour meal
period during which Operators may not leave the treatment plants. In addition, any other
regular employee who is scheduled to work a shift which begins prior to 6:00 am., or a
2022-2025 Laborer's Contract Page 11
shift which ends after 10:00 p.m., shall be scheduled for 8 consecutive hours, including
1/2 hour for a meal period which shall be paid.
Section 2. Work Schedules. All employees, to the extent consistent with operating
requirements, shall be scheduled to work on a regular work shift, and each shift shall
have regular starting and quitting times. Supervisors shall establish a regular method to
communicate schedules or schedule changes in advance to employees. Except for
emergency situations and for the duration of the emergency, changes in work schedules
shall be communicated fourteen) (14) calendar days prior to the effective date of the
change.
A department head may approve a schedule with a different starting and ending time on
different days of the week or month. The City Manager and Department heads have
discretion to end such approval.
Section 3. Rest Periods. A paid rest period of fifteen (15) minutes shall be permitted
for all employees during each half shift, which shall be scheduled by the City in
accordance with its determination as to the operating requirements and each
employee's duties. Rest periods may be taken at a place of the employee's choosing
provided no more than the allotted time is used and no City vehicles are used for
transportation to or from such place.
Section 4. Meal Periods. Except for treatment plant operators, and to the extent
consistent with operating requirements of the respective departments, an uninterrupted,
unpaid, one-half hour meal period shall be scheduled in the middle of the work shift.
Meal periods may be taken at a place of the employee's choosing provided no more
than the allotted time is used and no City vehicles are used for transportation to or from
such place.
ARTICLE VIII - SICK LEAVE
Section 1. Accumulation. New employees will be credited with six (6) months accrued
sick leave upon hire for their immediate use. Upon completion of six months, sick leave
shall be earned for the purposes stated herein by each eligible employee at the rate of
eight (8) hours for each full calendar month of service. Sick leave may be accumulated
to a total of nine hundred sixty (960) hours and must be taken for the purposes specified
in Section 2 hereof as a condition precedent to any sick leave payment. Sick leave
shall not continue to accrue during authorized sick leave or disability leave in excess of
ninety (90) calendar days.
Section 2. Purposes for Sick Leave and Notice Requirements. Employees may
utilize their allowance for sick leave for any purpose set forth in "Appendix C — Purposes
for Sick Leave" attached and incorporated herein. In such event, the employee shall
notify the department head or other supervisor of their need to use sick leave and of
2022-2025 Laborer's Contract Page 12
the expected length thereof, as soon as possible up to ten (10) calendar days prior to
the beginning of the first work shift they expect to miss, unless unable to do so because
of the serious nature of their own injury or illness.
Medical verification from a qualified health care provider of the need for the use of sick
leave may be required at the option of the City for absences of over three consecutive
workdays. If the need for sick time is foreseeable and is projected to last more than
three scheduled workdays, the supervisor may require that verification be provided
before the sick leave commences or as soon as otherwise practicable. Otherwise,
medical verification shall be provided to the supervisor within 15 calendar days of the
request therefore. The employer shall pay any reasonable costs for providing medical
verification required under this section, including lost wages, that are not paid under the
employee's medical or dental insurance policies.
If a supervisor suspects that an employee is abusing sick time, including engaging in a
pattern of abuse, they may require verification from a qualified health care provider of
the need of the employee to use sick time, regardless of whether the employee has
used sick time for more than three consecutive days. "Pattern of abuse" includes, but is
not limited to, repeated use of unscheduled sick leave on or adjacent to weekends,
holidays, vacation days or paydays.
Section 3. Integration with Workers' 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 recurring time -loss payments received under Worker's
Compensation laws and the employee's regular pay. In such instances, pro -rated
charges will be made against accrued sick leave for the first thirty (30) calendar days in
proportion to the City's contribution to the employee's wages. Thereafter, full charges
will be made against accrued sick leave until such sick leave is exhausted, after which
time the only compensation will be Workmen's Compensation benefits, if any.
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, vacation leave, compensatory time and FMLA and OFLA unpaid
leave have been exhausted. The City may require that the employee submit a certificate
from a physician periodically during the period of such disability, and before returning to
work.
Section 5. Termination. Sick leave is provided by the City in the nature of insurance
against loss of income due to illness or injury. No compensation for accrued sick leave
shall be provided for any employee upon their death or termination of employment,
except that upon retirement, accumulated but unused sick leave will be reported to
Oregon PERS as provided in ORS 238.350. Sick leave shall not accrue during any
period of leave without pay.
Section 6. Compensation for Not Using Sick Leave. Employees may elect to receive
1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their
2022-2025 Laborer's Contract Page 13
first paycheck in December. If cash payment is not elected, the unused portion of sick
leave will be added to employee's cumulative sick leave balance or converted to
accrued vacation at the option of the employee.
Employees who use 40 hours of sick leave or less in a calendar year shall be entitled to
the full cash out as stated in Section 6. above in compliance with Senate Bill 454 which
requires all employers to allow employees up to 40 hours of protected sick leave each
year.
Examples of how the payment for unused sick leave is calculated:
Annual Accrual:
96
96
96
96
Sick leave hours used by employee during the
100
30
10
152
year:
All employees are entitled to use up to 40 hours
40
40
40
40
without impacting their sick leave incentive.
Hours used up to 40/year are added back for
96-100 = -4 +
96-30 = 66 +
96-10 = 86
96-152 = -56 +
the purpose of calculating the sick leave
40
30
+
40
incentive:
= 36/3 = 12
= 96/3=32
10 = 96/3 =
_ -16/3 = -
32
5.33
Balance that can be cashed out (Max 32):
12
32
32
Section 7. FMLA and OFLA Leave. An employee may be granted leave to care for an
ill or injured family member in accordance with applicable federal and state Family &
Medical Leave Laws.
For the purpose of this Section, family member shall include any family member
recognized under the Oregon and/or Federal Family and Medical Leave Acts.
ARTICLE IX — BEREAVEMENT LEAVE
Section 1. Bereavement Leave. An employee may be granted three (3) days funeral
leave with regular pay in the event of death in the immediate family of the employee.
For the purposes of the Bereavement Leave benefit, an employee's immediate family
shall include spouse, parent, children, sibling, sibling -in-law, parent -in-law, grandparents
and grandparents -in-law. The employee will be paid their regular hourly rate for any
such days of excused absence which occur only during their assigned workweek. An
additional two (2) days may be granted if the funeral is over 750 miles from Ashland,
one way.
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
2022-2025 Laborer's Contract Page 14
where it is determined that the operation of the department and/or division will not be
negatively impacted by the temporary absence of the employee. Requests for such
leaves must be in writing and submitted to the Department Head 30 days prior to the
requested leave date. Grants of such leave include no guarantee that the position
vacated will not be eliminated during the employee's leave due to budget constraints.
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 them for such jury
service, and upon being excused from jury service for any day an employee shall
immediately contact their supervisor for assignment for the remainder of their 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
service on the employee of a subpoena or other direction by proper authority. The
matter must be one in which the employee is not a party to the proceeding. The regular
pay of such employee shall be reduced by an amount equal to any compensation they
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.
Section 5. 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.
Section 6. 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 their professional ability through the enrollment in
educational 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 department
head. One-year leaves of absence, with requested extensions, for educational purposes
may not be provided more than once in any three (3) year period. Their replacement
shall be considered a temporary employee.
Employees may also be granted time off with pay for educational purposes for
reasonable lengths of time, to attend conferences, seminars, briefing sessions, training
program, and other programs of a similar nature that are intended to improve or
2022-2025 Laborer's Contract Page 15
upgrade the employee's skill and professional ability, when ordered by the employee's
department head.
Section 7. Military Leave. Paid and unpaid military leave shall be granted in
accordance with Oregon and federal law.
Section 8. Failure to Return From Leave. Any employee who is granted a leave of
absence and who, for any reason, fails to return to work at the expiration of said leave
of absence, shall be considered as having resigned their position with the City, and their
position shall be declared vacated; except and unless the employee, prior to the
expiration of their leave of absence, has furnished evidence that they is unable to work
by reason of sickness, physical disability or other legitimate reason beyond their control.
ARTICLE XI - COMPENSATION
Section 1. Pay Schedule. Employees shall be compensated in accordance with the
pay schedule attached to this Agreement and marked Appendix "B" which is hereby
incorporated into and made a part of this Agreement. 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.
The Following Wage Increases shall be applied:
Effective 7/1/2022 — All positions in the bargaining unit shall receive a 4.0% Cost -of -
Living Adjustment (COLA).
Effective 7/1/2023 - All positions in the bargaining unit shall receive a 4.0% Cost -of -
Living Adjustment (COLA).
Effective 7/1/2024 - All positions in the bargaining unit shall receive a 3.0% Cost -of -
Living Adjustment (COLA).
Section 2. Pay Periods. Paydays shall be on the Friday following the close of each
pay period.
Section 3. Call-back time. Employees called back to work shall receive overtime pay
with a guaranteed minimum of two (2) hours at double time for the work for which they
are called back and return to work. This section applies only when call-back result in
hours worked which are not annexed consecutively to one end or the other of the
working day or working shift. Phone calls or SCADA alerts received outside of the
working day or working shift, that do not result in a return to work will result in one (1)
2022-2025 Laborer's Contract Page 16
hour of double time, unless that call or alert takes longer than one (1) hour to resolve.
Calls lasting longer than (1) hour will result in double time for the actual duration of the
call or alert. This section does not apply to scheduled overtime, call -in times annexed to
the beginning of the work shift, or hold -over times annexed to the end of the work shift
or work day.
Section 4. Overtime. 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. Employees shall be compensated at the rate
of two (2) times the regular rate for overtime work under the following conditions, but in
no event shall such compensation be received twice for the same hours:
• All assigned work in excess of forty (40) hours in any workweek.
Section 5. Over -time Compensation. Overtime may be paid in the form of
compensatory time off at the applicable rate, subject to the approval of the Department
Head or designated supervisor. All overtime shall be recorded by the employee and
must be approved by the Department Head or designated supervisor in advance. The
employee must designate whether they desire pay or compensatory time off on the time
sheet reporting the overtime worked. Compensatory time shall be accrued on an annual
basis from December 1 to November 30 with any amount unused on November 30 to
be compensated as pay on the first paycheck of December. Accrued compensatory
time shall not exceed forty (40) hours which represents eighty (80) hours of straight
time. However, at the option of the employee, up to forty (40) hours ( 80 hours of
straight time) may be carried forward for use in the next year, rather than being cashed
out in December.
Section 5.1. Overtime Meal Allowance. Employees who are required to work
more than (12) hours in one work day or are required to report to work without
adequate time to prepare a meal shall be entitled to a meal allowance. An
overtime meal allowance of $15.00 will be paid on the first paycheck that
includes the overtime work. Overtime meal allowance should be approved by the
employee's supervisor and requested on the timesheet when the overtime work
occurred.
If overtime work continues after a meal has been provided, employees shall be
entitled to additional meals at (4) hour intervals thereafter.
Section 6. Standby Pay. Standby pay shall be 10% of an employee's regular monthly
rate. If a holiday occurs, or the holiday observation occurs on an assigned work day, an
additional 2% of the employee's regular monthly rate shall be paid to such employee for
the week in which the holiday, or observation occurs.
Section 7. Certification -Pay.
Certification pay will be added as follows:
2022-2025 Laborer's Contract Page 17
(1) Mechanic — more than 2 certification, but less than 6 = $0.25 per hr.
(a) Master Mechanic Certification - $0.50 per hr.
(2) Water / Waste Water —
(a) # II Certification = $0.25 per hr.
(b) # III Certification = $0.35 per hr.
(c) # IV Certification = $0.50 per hr.
(3) Back —Flow Certification Required by the City (Inspector Certification or Testing
Certification
(a) Any one of these certification = $0.35 per hr.
(b) Both certifications = $0.50 per hr.
(4) Building Maintenance Certification = $0.25 per hr.
(5) Pesticide Certification Required by the City = $0.35 per hr.
(6) Erosion Control Certification = $0.25 per hr.
(7) Pre -Need Sales Certification = $0.25 per hr. (Limited to two employees actively
working in the Cemetery Division.)
(8) Road Scholar 1 = $0.250 per hour.
(9) Road Scholar II = $0.350 per hour.
(10) Traffic Control Supervisor JCS) _ $0.500 per hour.
Employees currently receiving certification pay through grandfathered provisions
will receive the above certification pay in lieu of and not in addition to the
certification pay they are currently receiving.
Employees may receive pay for more than one certification, but pay for combined
certifcations may not exceed $0.50/hr. To be eligible for certification pay, an
employee must obtain prior approval from their supervisor.
Section 8. Mileage. An employee required to report for special duty or assignment at
any location other than their permanent reporting location and who is required to use
their personal automobile for transportation to such location shall be compensated at
the mileage reimbursement rate established annually by the IRS.
Section 9. Working Out of Class. Whenever an employee is required to work in a
higher job classification, they shall receive an additional 5% for the next higher
classification, 10% for a two -classification upgrade and 15% for a three -classification
upgrade for the actual hours worked in the higher classification. Any member of the
bargaining unit assigned as "Lead Worker" will be eligible for 5% additional pay for the
2022-2025 Laborer's Contract Page 18
period assigned as Lead Worker. Lead Worker status shall be noted on the employee's
timesheet as Working Out -of -Class.
Section 10. Longevity Pay Program. An employee who completes five consecutive
years (60 consecutive months) of employment in a bargaining unit position or positions,
shall be paid $1,000. All longevity pay paid under this section shall be paid in the first
pay period in December.
If there is no separation in employment, the City shall pay the employee $1,000 each
year thereafter until the employee completes 10 consecutive years (120 consecutive
months) of continuous employment, after which anniversary the City shall pay the
employee $1,250.
The City shall pay the employee $1,250 each year thereafter until the employee
completes 15 consecutive years (180 consecutive months) of continuous employment,
after which anniversary the City shall pay the employee $1,500. The City shall pay the
employee $1,500 each year thereafter until the employee's employment at the City ends
for any reason.
ARTICLE XII - DISCIPLINE AND DISCHARGE
Section 1. Discipline. Disciplinary action may include the following:
(a)
Oral reprimand.
(b)
Written reprimand.
(c)
Demotion.
(d)
Suspension.
(e)
Discharge.
Disciplinary action may be imposed upon any employee for failing to fulfill their
responsibilities as an employee. Conduct reflecting discredit upon the City or
department, or which is a direct hindrance to the effective performance of City functions,
shall be considered good cause for disciplinary action. Such cause may also include
misconduct abuse of sick leave, inefficiency, incompetence, insubordination,
misfeasance, malfeasance, the willful giving of false or confidential information, the
withholding of information with intent to deceive when making application for
employment willful violation of departmental rules or for political activities forbidden by
State law. Any disciplinary action imposed upon an employee shall be protested only as
a grievance through the regular grievance procedure. Written reprimands shall not be
kept in an employee's file longer than 12 months unless there is a similar disciplinary
problem during this time. Oral reprimands shall not be protested through the grievance
procedure.
If the Department Head or other supervisor has reason to discipline an employee, they
shall make reasonable efforts to impose such discipline in a manner that will not
embarrass or humiliate the employee before other employees or the public.
2022-2025 Laborer's Contract Page 19
Section 2. Discharge. An employee having less than twelve (12) months continuous
service shall serve at the pleasure of the City. An employee having continuous service
in excess of twelve (12) months shall be discharged only for cause. If the department
head or other supervisor determines that there is cause for discharge, they shall
suspend the employee without pay for five (5) calendar days and shall deliver to the
employee and the Union a written notice of such suspension and pending dismissal.
Such notice shall specify the principal grounds for such action. Unless otherwise
resolved, the dismissal shall become effective at the end of the five-day suspension.
Protest of the discharge of any regular employee shall be made only through the
grievance procedure set forth in Article XIII. The Union may process a grievance
concerning suspension or discharge, or both, at Step 11 of the grievance procedure.
ARTICLE XIII - SETTLEMENT OF DISPUTES
Section 1. Grievance and Arbitration Procedure. 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:
Step I. The affected employee shall take up the grievance or dispute with the
employee's division head or supervisor within seventy-two (72) hours of its occurrence,
excluding Saturday and Sunday. Such employee may be accompanied by the Steward
if they so desire. The division head or supervisor shall then attempt to adjust the matter
within three (3) working days.
Step II. If the grievance has not been settled between the affected employee and the
division head or supervisor, it may be presented in writing by the Union Business
Manager or their designee to the Director of Public Works within seventy-two (72)
hours, excluding Saturday and Sunday, 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 Director of Public Works
shall respond to the Union representative in writing within five (5) working days after
receipt thereof.
Step III. If the grievance still remains unadjusted, it may be presented by the Union to
the City Manager or their designee, within five (5) working days after the Director of
Public Works action. The City Manager or their designee shall respond in writing to the
Union within five (5) working days.
Step V. If the grievance is still unsettled, either party may within ten (10) days of the
decision of the City Manager or their designee(s) under Step V 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 Oregon State Conciliation Service
shall be requested to submit a list of five names. Both the City and the Union shall have
2022-2025 Laborer's Contract Page 20
the right to strike two names from the list. The party requesting arbitration on 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 issues 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) 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, but shall be limited to consideration of the particular issue(s) presented
to them. Their decision shall be based solely upon their interpretation of the meaning
and application of the express language 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 their own representatives and witnesses. If either party
desires a verbatim recording of the proceedings, it may cause such a record to be
made, provided it pays for the record. If the other party desires a copy, both parties shall
jointly share the cost of the transcript of 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. If any grievance is not
answered by the City within the time limits specified above, such grievance and the
remedy requested shall be deemed granted.
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 hereof, shall not interfere with their or other employees' regular work
assignments as employees of the City. Contacts between Stewards and employees or
the Union shall be made outside working hours so as not to disrupt regular City
operations. Business agent or designee may place phone calls to Steward during work
hours, the Steward will return such calls while on break or lunch and this practice will
not be abused.
ARTICLE XIV — SENIORITY
Section 1. Seniority. Seniority shall be an employee's length of continuous service with
the bargaining unit, dating from their last date of hire, and shall apply by job
classification within their division in the matter of layoff, recall and vacation.
In the event of a layoff, such employee may exercise their seniority in a lower job
classification within any division they has previously worked. If the employer determines
2022-2025 Laborer's Contract Page 21
that a layoff requires seniority to be bypassed in order to retain an employee with a skill
not possessed by others in the division, the employer shall notify the union at least 10
working days prior to implementation. The matter shall be subject to the grievance
procedure.
Seniority shall accrue separately for each division they works in. "Division" shall be
defined as:
Water Distribution
Water Treatment
Wastewater Collections
Wastewater Treatment Plant
Storm water Collections
Street Operations/Maintenance
Facilities
Cemetery
Equipment Maintenance
The employment relationship shall be broken or terminated if an employee (1) quits; (2)
is discharged for just cause; (3) is absent from work for two consecutive working days
without notification to the employee's supervisor by the employee; (4) is laid off and fails
to report to work within three days after being recalled; (5) is laid off from work for any
reason for 24 months, or for a period of time equal to their seniority, whichever is
shorter; (6) fails to report for work at 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) if they is retired.
Section 1.1 Suspension of Seniority. Seniority shall be retained but shall not
continue to accrue during (1) authorized sick leave or disability leave in excess of ninety
(90) calendar days; (2) educational leave requested by the employee; (3) military leave
for disciplinary reasons; (4) election to a full-time paid Union office up to one (1) year,
renewable upon application; (5) other authorized leaves of absence up to ninety (90)
calendar days; and (6) promotion to a supervisory position outside of the bargaining unit
for six (6) months.
Section 1.2 Accrual of Seniority. Seniority shall continue to accrue during (1)
authorized sick leave or disability leave up to ninety (90) calendar days; (2) vacation
leave; (3) educational leave required by the City; (4) military leave as specified in Article
X; (5) bereavement leave; (6) holiday leave; (7) jury duty; and (8) compensatory time
off.
Section 2. 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 positions, and by providing an opportunity to reject any
employee whose work performance fails to meet required work standards. Every new
2022-2025 Laborer's Contract Page 22
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 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 including, but not limited to,
the shifting of work schedules and job classifications, the assignment of on-the-job
training, cross -training in other classifications, the assignment of educational courses
and training programs and the request that such employees attend training programs on
their off -duty time. Termination of a probationary employee shall not be subject to the
grievance procedure under Article XIII.
Section 3. Promotional Probationary Period. Regular employees promoted into a
higher classification shall serve a promotional probationary period of six (6) months. The
City may extend probation for six (6) months. Any extension beyond twelve (12) months
would require mutual consent by the Union and the City. The Union also recognizes the
right of the employer to demote an employee on promotional probationary status to their
previous position. Demotion of an employee on promotional probationary status shall
not be subject to the grievance procedure under Article XIII.
Section 4. Promotional Opportunities. The City and the Union recognize that
promotions from within the divisions increase productivity and morale. The City and the
Union also recognize the affirmative action policy of the City that all job opportunities
shall be advertised both within and without the City serviceAll job opportunities for
bargaining unit classifications shall be posted. At the option of the City, promotional job
opportunities may be advertised only within the City. Any decision made by the City
regarding this option is not grievable. If two or more present employees who apply for
the vacancy are equally qualified, seniority shall govern. Subject to the requirements of
Oregon's Veterans Preference in Public Employment Act, if a present employee and an
outside applicant are equally qualified, the present employee shall receive the
appointment. Employees who are promoted shall not suffer a reduction in wages. The
City shall be the judge of an employee or applicant's qualifications.
Section 5. Recall From Layoff. Recall from layoff exceeding five (5) workdays shall be
by certified letter sent to the employee at their last known address furnished to the City
by the employee. Laid off employees are solely responsible for assuring that the City
has their current mailing addresses. The City may use any other means to return an
employee sooner.
Section 6. Temporary Employees. If any regular bargaining unit employees are on a
layoff status, temporary employees shall not be used to supplant the duties previously
performed by such regular employees, provided such regular employees are qualified.
2022-2025 Laborer's Contract Page 23
ARTICLE XV - GENERAL PROVISIONS
Section 1. No Discrimination. The provisions of this Agreement shall be applied
equally to all employees in the bargaining unit without discrimination against an
employee's race, creed, color, sex, sexual orientation, gender identity, age, national
origin or disability. 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 all genders.
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 Union by reason of the exercise of such
right except as specifically provided herein. Nothing in this Agreement shall be
construed as precluding or limiting the right of an individual employee to represent
themself in individual personnel matters.
Section 2. Bulletin Boards. 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 postings 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.
Cl. Reports of Union committees.
e. Rulings or policies of the International Union.
Section 3. Visits by Union Representatives. Provided that any meetings with
employees do not interfere with the employer's operations, accredited representatives
of the District Council of Laborers and Laborers Union, Local #737, upon reasonable
and proper introduction, shall have reasonable access to the premises of the City at any
time during working hours for the purpose of assisting in the administration of this
agreement. The union agrees to provide adequate advanced notice to City
management so that work schedules can be adjusted to assure employee availablility.
The City agrees to allow (1) hour of paid time per year for the entire bargaining unit to
meet. The union agrees to provide adequate advanced notice to City management so
that workschedules can be adjusted for employee attendance at the annual union
meeting. It is understood and agreed by both parties that no overtime will be incurred or
paid for the purpose of employee participation in the annual meeting.
Upon delivery of a demand to open negotiations for a successor to this agreement, the
City agrees to allow bargaining unit employees up to a total of three (3) hours of time
during the period of negotiations to meet with the union bargaining team for contract
discussion and review without loss of compensation.
2022-2025 Laborer's Contract Page 24
Section 4. 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 and by Oregon law.
Section 5. Existing Conditions. Only such existing and future work rules and benefits
as are specifically covered by the terms of this Agreement shall be affected by
recognition of the Union and the execution of this Agreement. It is further agreed that if
modification of work rules or benefits covered by a specific provision of this Agreement
is proposed, any such modification shall be posted prominently on all bulletin boards for
a period of seven (7) consecutive days prior to implementation.
Section 6. Rules. It is jointly recognized that the City must retain broad authority to
fulfill and implement their responsibilities and may do so by work rule, oral or written,
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 or is
contrary to the provisions of Oregon State Law. All work rules which have been, or shall
be reduced to writing, will be furnished to the Union and to affected employees.
Section 7. Other Employment. Outside employment shall be permitted only with the
express prior written approval of the City. Such written approval shall be documented in
the employee's Personnel File. The general principles to be followed by the City in
permitting or restricting such outside employment shall be:
1) The need for mentally and physically alert City employees;
2) Insulating employees from potential conflict of interest situations;
3) Maintaining efficiency unimpaired by other employment, particularly for those
City positions requiring employees to be available for duty 24 hours a day.
In the event the above principles are violated, the department head or City Manager
may revoke previously granted permission to hold outside employment.
Section 8. Supervisory Employees. It is understood that supervisory employees shall
not perform work within the jurisdiction of the Union except in the case of an unforeseen
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 reasons, or where the workload is temporarily increased.
Section 9. Uniforms, Protective Clothing and Devices. If an employee is required to
wear a uniform, protective clothing, or use any type of protective device, such article
shall be provided, maintained and cleaned by the City, if exposed to chemical or
biohazard that require special cleaning. Employees may be provided with routine
clothing items such as shirts, jackets or hats imprinted with the City's logo for easy
identification in the field; however, cleaning and maintenance of routine clothing items
shall be the responsibility of the employee unless special cleaning is required as
2022-2025 Laborer's Contract Page 25
described above. The City will continue to honor any agreements made with employees
prior to 7/1/2011 regarding the cleaning of non -protective clothing items.
Lost articles or damage to articles due to negligence shall be reimbursed to the City by
the employee. The City shall provide a safe place for the storage of such articles.
Failure of an employee to wear such required uniform, protective clothing, or use such
protective devices as prescribed by the City shall be cause for disciplinary action as set
forth in Article XII hereof.
Section 9.1. Boot Allowance. Employees shall receive payment of $300 per
contract year of this Agreement, ($900 total), toward the cost of the purchase or
repair of shoes, boots or protective footwear (including orthotics, insoles, or
weather -related footwear/gear).
Section 10. Response Time Requirement. All regular employees regularly assigned
to standby status shall establish their residence to enable them to report for emergency
duty within forty (40) minutes of notification, including get ready time and travel time.
New employees shall establish their residency within a forty (40) minute response time
within six (6) months of date of hire.
Section 11. SafetV Committee. The City and Union will comply with all state and
federal laws on this subject.
Section 12. Training Opportunities. On-the-job training may be provided by the City
as time and the workload permit.
Section 13. Temporary Employees. Temporary employees shall not be used in such
a way.as to negate the purpose and intent of ARTICLEXV - GENERAL PROVISIONS
Section 12. Training Opportunities relating to the operation of heavy equipment.
ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT
Section 1. The Employee Health Benefits Advisory Committee including one (1)
representative of Laborers Union shall meet annually for the purpose of reviewing
program performance and discussing health insurance benefits in order to inform their
members. The committee and the union shall be advised of any proposed changes to
the insurance benefits plan.
Health benefits and other insurance will be provided to represented employees under
the same conditions and restrictions as provided to all other City employees.
Employess will have a choice between two health insurance plans: the base plan that
carries a $1,500 annual deductible and premium plan that carries a $500 annual
deductible. Employees alone must pay the difference in premiums between the base
plan and the premium plan each month by payroll deduction to enroll themselves and
their eligible dependents in the premium plan. Coverage may be adjusted or modified
2022-2025 Laborer's Contract Page 26
by the City Manager. Nothing in this agreement shall be deemed a limitation on the
annual plan benefit adjustments.
Employees may choose between two dental insurance plans: Willamette Dental with
Ortho and Delta Dental III with Ortho.
Section 2. From July 1, 2022 through December 31, 2022, the employee premium
contribution shall not exceed 5% of the premium cost and shall be deducted from the
employee's check through regular payroll deductions. For enrollment in the base plan
from January 1, 2023 through June 30, 2023, the employee premium contribution shall
increase to 7.5%. Beginning July 1, 2023 and for the balance of the term of this
agreement and any automatic renewals described in Article XX or otherwise agreed to,
the employee premium contribution shall increase to 10.0%. All employee premium
contributions shall be made monthly by payroll deduction.
As stated in Section 1., for enrollment in the premium plan, the City shall contribute
monthly the same sum of money as it contributes for the base plan and the employee
shall pay the balance of the premium each month by payroll deduction.
Section 3. HRA-VEBA. The City agrees to contribute monthly an amount equivalent to
3.0% of salary for each member of the bargaining unit into an HRA-VEBA program for
the duration of the contract.
Section 4. Life Insurance. The City agrees to provide each member with life insurance
coverage: Employee ($10,000) with a matching Accidental Death and Dismemberment
(AD&D) policy; Dependent ($1,000) coverage. Members may purchase additional
voluntary coverage to supplement city -provided policies.
Section 5. Long Term Disability Insurance. The City agrees to provide long term
disability insurance for the employee only.
Section 6. Deferred Compensation. The City agrees to contribute up to $50.00 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.
A contribution of $30.00 per month shall be contributed by the City to the
Deferred Compensation plan of employee's choice whether the employee elects
to contribute their personal funds to the plan or not. This contribution recognizes
benefit concessions made in prior negotiations that were intended to go toward
annual insurance deductible cost.
Section 7. Flexible Spending Account. Pre-tax flexible spending account options for
eligible health and dependent care expenses
2022-2025 Laborer's Contract Page 27
Section 8. Retirement. The City agrees to maintain the existing retirement plan and to
pay the employee's contribution of 6% for all employees governed by the agreement.
Section 9. Medical Coverage for Retirees. The City will allow Tier 2 & 3 (OPSRP)
retirees to convert up to 100 hours of their unused sick leave balance into a contribution
to their HRA VEBA at retirement to help with post -employment medical expenses. The
employee must meet the eligibility requirements to retire under PERS Tier 2 or 3, and
the employee's final rate of pay shall be used to calculate the City's contribution into the
employee's HRA VEBA Account.
Section 10. Mercy Flights Membership — The City Agrees to pay the annual premium
for household membership in Mercy Flights for Air Ambulance transportation services.
Employees shall have the opportunity to upgrade their membership to the Combined Air
and Ground Ambulance membership by paying the additional amount by payroll
deduction.
ARTICLE XVII - WORKER'S COMPENSATION
Section 1. Worker's Compensation. All employees will be insured under the
provisions of the Oregon State Worker's 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 time loss payments shall be equal to
the difference between such payments and the employee's regular pay rate.
ARTICLE XVIII - LIABILITY INSURANCE
Section 1. Liability Insurance. The City shall purchase liability insurance to the limits
set forth in the Oregon Tort Claims Act (ORS 30.260 — 30.300) 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.
Section 2. Property Insurance. The City carries catastrophic coverage for property
losses, including to employee property, resulting from fire and other catastrophes. In
addition, the City will reimburse replacement costs (to the extent those costs are not
covered by other insurance) if all or most of a mechanic's personal work tools are stolen
from City property. To obtain reimbursement under this section, the mechanic must
maintain an accurate inventory of the tools which has been provided to the City in
advance of the theft, a crime report must be filed with the local police, and the mechanic
must not be in any way involved in the theft.
2022-2025 Laborer's tontract Page 28
ARTICLE XIX - SAVINGS CLAUSE AND FUNDING
Section 1. Savings Clause Should any provision of this Agreement be declared invalid
by statute, competent judicial authority or by ruling of the Oregon Employment Relations
Board, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement. In this event, either or both parties may, in writing, demand
to bargain the subject of the invalidated provision(s). Upon such demand by one party
to the other, bargaining shall be governed by ORS 243.698.
Section 2. Funding. The parties recognize that revenue needed to fund the wages and
benefits provided by this Agreement must be approved annually by established budget
procedures and in certain circumstances by vote of the citizens of the City. All such
wages and benefits are therefore contingent upon sources of revenue and, where
applicable, annual voter budget approval. The City has no intention of cutting 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.
2022-2025 Laborer's Contract Page 29
ARTICLE XX - TERMINATION AND REOPENING
This Agreement shall be effective July 1, 2022 and shall remain in full force and effect
until the 30th day of June 2025, and shall terminate all prior agreements and practices,
and concludes all collective bargaining during the term of this Agreement. It shall be
automatically renewed from year to year thereafter unless either party shall notify the
other in writing not later than 180 days prior to the expiration or subsequent anniversary
date that it wishes to modify the 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.
CITY OF ASHLAND
Date
Joseph Lessard, City Manager
L.I.U.N.A.
Local No. 737
By
Zack Culver
By
Joe Escure
By
Dave Onkka
APPROVED:
ASHLAND CITY COUNCIL
By Date
Julie Akins, Mayor
Date
Date
Date
Oregon Southern Idaho District Council of Laborers
Date
Jeffrey Gritz
2022-2025 Laborer's Contract Page 30
Appendix "A"
Job Classifications in the Bargaining Unit
Cemetery Sexton
Mechanic
Senior Mechanic
Meter Reader/Repair
Wastewater Treatment Plant Operator
Senior Wastewater Treatment Plant Operator
Utility Worker I
Utility Worker II
Senior Utility Worker
Utility Technician
Water Quality Technician
Water Treatment Plant Operator I, II *
Senior Water Treatment Plant Operator
(*) Indicates Flexible Staffing Option - The City can hire a level I or a level II based on
operational needs and promote a level I to a level 11 without a competitive process.
2022-2025 Laborer's Contract Page 31
Appendix "B"
Salary Schedule
Effective 7/1/2022 -4% COLA
.. .. Classes are Non -Exempt
Code 5000 Hourly Monthly Annual
Grade = 601 LABORER 1 IStep 0 - First 6 Months $20.7316 $3,593.47 $43,122
Positions in this grade: Step 1 - Next 12 Months $21.7682 $3,773.15 $45,278
Utility Worker I Step 2 - Next 12 Months $23.0743 $3,999.55 $47,995
Lube Tech Step 3 - Next 12 Months $24.4589 $4,239.53 $50,874
Step 4 - Thereafter $25.6817 $4,451.49 $53,418
Grade = 602 LABORER 2 IStep 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Utility Worker II Step 2 - Next 12 Months
Step 3 - Next 12 Months
Step 4 - Thereafter
$22.8568
$3,961.83
$47,542
$23.9996
$4,169.92
$49,919
$25.4395
$4,409.50
$52,914
$26.9660
$4,674.09
$56,089
$28.3141
$4,907.78
$58,893
Grade = 607 LABORER 3 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Meter Reader/Repair Step 2 -Next 12 Months
Water Treatment Plant Opt 1 Step 3 - Next 12 Months
Step 4 - Thereafter
$23.9996
$4,159.92
$49,919
$25.1995
$4,367.91
$52,415
$26.7114
$4,629.97
$55,560
$28.3141
$4,907.78
$58,893
$29.7299
$5,153.17
$61,838
Grade = 603 LABORER 4 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Utility Worker Step 2 - Next 12 Months
Mechanic Step 3 - Next 12 Months
Facilities Maint Worker Step 4 -Thereafter
$25.1995
$4,367.91
$52,415
$26.4596
$4,586.33
$55,036
$28.0471
$4,861.48
$58,338
$29.7299
$5,153.17
$61,838
$31.2164
$5,410.83
$64,930
Grade = 611 LABORER 5 IStep 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Mechanic Step 2 - Next 12 Months
Water Treatment Plant Opt II Step 3 - Next 12 Months
WW Treatment Plant Operator Step 4 -Thereafter
$26.4596
$4,586.33
$55,036
$27.7823
$4,815.60
$57,787
$29.4496
$5,104.59
$61,255
$31.2164
$5,410.83
$64,930
$32.7773
$5,681.38
$68,177
Grade = 609 LABORER 6 IStep 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Cemetery Sexton Step 2 - Next 12 Months
Utility Technician Step 3 - Next 12 Months
WWTP Lab Tech Step 4 -Thereafter
$27.7823
$4,815.60
$57,787
$29.5513
$5,122.22
$61,467
$30.9219
$5,359.78
$64,317
$32.7773
$5,681.38
$68,177
$34.4161
$5,965.45
$71,585
Grade = 612 LABORER 7 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Water Treatment Plant Op Step 2 - Next 12 Months
Water Quality Technician Step 3 - Next 12 Months
Senior Wastewater Treatment Plant Op Step 4 -Thereafter
$29.1716
$5,056.31
$60,676
$30.6301
$5,309.11
$63,709
$32.4680
$5,627.68
$67,532
$34.4161
$5,965.34
$71,584
$36.1370
$6,263.62
$75,163
2022-2025 Laborer's Contract Page 32
Effective 7/1 /2023 - 4% COLA
Laborer's .. Classes are Non -Exempt
Group/:Group/BU Code000 Hourly Monthly Annual
Grade = 601 LABORER 1 IStep 0 - First 6 Months $21.6608 $3,737.21 $44,846
Positions in this grade: Step 1 - Next 12 Months $22.6390 $3,924.08 $47,089
Utility Worker I Step 2 - Next 12 Months $23.9973 $4,159.53 $49,914
Lube Tech Step 3 - Next 12 Months $25.4372 $4,409.11 $52,909
Step 4 - Thereafter $26.7090 $4,629.55 $55,555
Grade = 602 LABORER 2 IStep 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Utility Worker 11 Step 2 - Next 12 Months
Step 3 - Next 12 Months
Step 4 - Thereafter
$23.7710
$4,120.31
$49,444
$24.9596
$4,326.31
$51,916
$26.4570
$4,585.88
$55,031
$28.0446
$4,861.05
$58,333
$29.4467
$5,104.09
$61,249
Grade = 607 LABORER 3 IStep 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Meter Reader/Repair Step 2 - Next 12 Months
Water Treatment Plant Opt 1 Step 3 - Next 12 Months
Step 4 - Thereafter
$24.9596
$4,326.31
$51,916
$26.2075
$4,542.63
$54,512
$27.7799
$4,815.17
$57,782
$29.4467
$5,104.09
$61,249
$30.9191
$5,359.30
$64,312
Grade = 603 LABORER 4 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Utility Worker Step 2 - Next 12 Months
Mechanic Step 3 - Next 12 Months
Facilities Maint Worker Step 4 -Thereafter
$26.2075
$4,542.63
$54,512
$27.5180
$4,769.78
$57,237
$29.1689
$5,055.94
$60,671
$30.9191
$5,359.30
$64,312
$32.4650
$5,627.26
$67,527
Grade = 611 LABORER 5 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Mechanic Step 2 - Next 12 Months
Water Treatment Plant Opt 11 Step 3 - Next 12 Months
WW Treatment Plant Operator Step 4 -Thereafter
$27.5180
$4,769.78
$57,237
$28.8936
$5,008.22
$60,099
$30.6276
$5,308.77
$63,705
$32.4650
$5,627.26
$67,527
$34.0884
$5,908.64
$70,904
Grade = 609 LABORER 6 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Cemetery Sexton Step 2 - Next 12 Months
Utility Technician Step 3 - Next 12 Months
WWTP Lab Tech Step 4 -Thereafter
$28.8936
$5,008.22
$60,099
$30.7334
$5,327.11
$63,925
$32.1587
$5,574.17
$66,890
$34.0884
$5,908.64
$70,904
$35.7928
$6,204.07
$74,449
Grade = 612 LABORER 7 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Water Treatment Plant Op Step 2 - Next 12 Months
Water Quality Technician Step 3 - Next 12 Months
Senior Wastewater Treatment Plant Op Step 4 -Thereafter
$30.3384
$5,258.56
$63,103
$31.8553
$5,521.48
$66,258
$33.7667
$5,852.78
$70,233
$35.7928
$6,203.96
$74,447
$37.5824
$6,514.16
$78,170
2022-2025 Laborer's Contract Page 33
Effective 7/1/2024 - 3% COLA
Laborer's.. Classes are Non -Exempt
Group/:Group/BU Code000 Hourly Monthly Annual
Grade = 601 LABORER 1 Step 0 - First 6 Months $22.2077 $3,849.32 $46,192
Positions in this grade: Step 1 - Next 12 Months $23.3181 $4,041.80 $48,502
Utility Worker I Step 2 - Next 12 Months $24.7172 $4,284.31 $51,412
Lube Tech Step 3 - Next 12 Months $26.2003 $4,541.38 $54,497
Step 4 - Thereafter $27.5103 $4,768.44 $57,221
Grade = 602 LABORER 2 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Utility Worker II Step 2 - Next 12 Months
Step 3 - Next 12 Months
Step 4 - Thereafter
$24.4842
$4,243.92
$50,927
$25.7083
$4,456.10
$53,473
$27.2507
$4,723.45
$56,681
$28.8859
$5,006.89
$60,083
$30.3301
$5,257.21
$63,087
Grade = 607 LABORER 3 IStep 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Meter Reader/Repair Step 2 - Next 12 Months
Water Treatment Plant Opt 1 Step 3 - Next 12 Months
Step 4 - Thereafter
$25.7083
$4,456.10
$53,473
$26.9938
$4,678.91
$56,147
$28.6133
$4,959.62
$59,515
$30.3301
$5,257.21
$63,087
$31.8467
$5,520.08
$66,241
Grade = 603 LABORER 4 IStep 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Utility Worker Step 2 - Next 12 Months
Mechanic Step 3 - Next 12 Months
Facilities Maint Worker Step 4 -Thereafter
$26.9938
$4,678.91
$56,147
$28.3436
$4,912.88
$58,955
$30.0440
$5,207.62
$62,491
$31.8467
$5,520.08
$66,241
$33.4390
$5,796.08
$69,553
Grade = 611 LABORER 5 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Mechanic Step 2 - Next 12 Months
Water Treatment Plant Opt II Step 3 - Next 12 Months
WW Treatment Plant Operator Step 4 -Thereafter
$28.3436
$4,912.88
$58,955
$29.7604
$5,158.47
$61,902
$31.5464
$5,468.03
$66,616
$33.4390
$5,796.08
$69,553
$35.1110
$6,085.90
$73,031
Grade = 609 LABORER 6 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Cemetery Sexton Step 2 - Next 12 Months
Utility Technician Step 3 - Next 12 Months
WWTP Lab Tech Step 4 - Thereafter
$29.7604
$5,158.47
$61,902
$31.6554
$5,486.93
$65,843
$33.1235
$5,741.40
$68,897
$35.1110
$6,085.90
$73,031
$36.8665
$6,390.19
$76,682
Grade = 612 LABORER 7 Step 0 - First 6 Months
Positions in this grade: Step 1 - Next 12 Months
Senior Water Treatment Plant Op Step 2 - Next 12 Months
Water Quality Technician Step 3 - Next 12 Months
Senior Wastewater Treatment Plant Op Step 4 - Thereafter
$31.2486
$5,416.32
$64,996
$32.8109
$5,687.12
$68,245
$34.7797
$6,028.37
$72,340
$36.8665
$6,390.08
$76,681
$38.7099
$6,709.59
$80,515
*PLEASE NOTE: Hourly rates are accurate to 4 decimal places. A Monthly wage is provided as an approximate salary, but actual
monthly earnings may differ from those quoted above.
2022-2025 Laborer's Contract Page 34
Appendix C
Purposes for Sick Leave
Employees are entitled to use the City's sick leave benefit for the following purposes.
Reference to "family members" means an employee's spouse, biological, adopted or
foster parent or child, parent -in-law, grandparent, grandchild or a person with whom the
employee was or is in a relationship of in loco parentis, and any other relationship
identified in the City's Employee Handbook as a "family member" for the purpose of
using sick leave.
• For an employee's or family member's mental or physical illness, injury or
health condition or need for medical diagnosis of these conditions or need for
preventive medical care.
• To care for an infant or newly adopted child under 18, or for a newly placed
foster child under 18, or for a child over 18 if the child is incapable of self -care
because of mental or physical disability.
• To care for a family member with a serious health condition.
• To recover from or seek treatment for a serious health condition that renders
the employee unable to perform at least one of the essential functions of the
employee's job.
• To care for a child of the employee who is suffering from a non -serious illness,
injury or condition.
• To deal with the death of a family member by attending the funeral or
alternative, making arrangements necessitated by the death of a family member,
or grieving the death of a family member.
• To seek medical treatment, legal or law enforcement assistance, remedies to
ensure health and safety, or to obtain other services related to domestic violence,
sexual assault, harassment or stalking incidents to the employee or employee's
minor child or dependent.
• To donate sick time to another employee for qualifying purposes if the employer
has a policy allowing such donations.
• For certain public health emergencies including closure by a public official of the
employee's place of business, school or place of care of the employee's child, or a
determination by a public health authority or health care provider that the presence of
the employee or a family member presents a health risk to others.
2022-2025 Laborer's Contract Page 35
City's Initial Proposals in 2022 Successor Bargaining
April 25, 2022
AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
•J
DISTRICT COUNCIL OF LABORERS
and
LABORERS UNION LOCAL 737
July 1, 2019 - June 30, 2022
TABLE OF CONTENTS
PREAMBLE....................................................................................................................................5
SCOPEOF AGREEMENT.............................................................................................................5
ARTICLEI — RECOGNITION.........................................................................................................5
ARTICLE II- UNION SECURITY AND CHECK-OFF.....................................................................6
Section1. Union Security..............................................................................................................6
Section 2. Check -off for Union Members......................................................................................6
Section 3. Check -off for Non-Members.........................................................................................6
Section4. Indemnification.............................................................................................................6
ARTICLE III - MANAGEMENT RIGHTS........................................................................................6
ARTICLE IV - STRIKE AND LOCKOUT PROHIBITION...............................................................7
ARTICLEV - HOLIDAYS...............................................................................................................8
Section 1. Recognized Holidays...................................................................................................8
Section2. Holiday Pay..................................................................................................................9
Section3. Holiday Work................................................................................................................9
ARTICLEVI - VACATIONS............................................................................................................9
Section1. Eligibility.......................................................................................................................9
Section 2. Continuous Service...................................................................................................10
Section 3. Use of accrued vacation time....................................................................................10
Section 4. Accrual Notification....................................................................................................10
Section5. Scheduling.................................................................................................................11
Section 6. Payment on Termination..............................................................................................11
ARTICLE VII - HOURS OF WORK..............................................................................................11
Section1. Workweek..................................................................................................................11
Section2. Hours............................................................................................................................11
Section3. Work Schedules.........................................................................................................12
Section4. Rest Periods..............................................................................................................12
Section5. Meal Periods..............................................................................................................12
ARTICLE VIII - SICK LEAVE.......................................................................................................12
Section1. 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
Section5. Termination................................................................................................................13
Section 6. Compensation for Not Using Sick Leave...................................................................13
Section 7. Use for Family Illness...................................................................................................14
ARTICLE IX - FUNERAL LEAVE.................................................................................................14
2019-2022 Laborer's Contract Page 2
Section 1. Funeral Leave............................................................................................................14
ARTICLE X - OTHER LEAVES OF ABSENCE...........................................................................14
Section 1. Leaves of Absence Without Pay................................................................................14
Section2. Jury Duty....................................................................................................................14
Section3. Appearances..............................................................................................................14
Section 4. Required Court Appearances...................................................................................15
Section5. Election Day...............................................................................................................15
Section 6. Union Business..........................................................................................................15
Section 7. Educational Leave.....................................................................................................15
Section8. Military Leave.............................................................................................................15
Section 9. Failure to Return From Leave....................................................................................15
ARTICLE XI - COMPENSATION.................................................................................................15
Section1. Pay Schedule.............................................................................................................15
Section2. Pay Periods................................................................................................................16
Section3. Call -Back Time...........................................................................................................16
Section4. Overtime.....................................................................................................................16
Section 5. Over -time Compensation...........................................................................................17
Section6. Standby Pay...............................................................................................................17
Section 7. Certification-Pay...........................................................................................................17
Section8. Mileage.......................................................................................................................18
Section 9. Working Out of Class.................................................................................................18
Section10. Longevity Pay............................................................................................................18
ARTICLE XII - DISCIPLINE AND DISCHARGE..........................................................................18
Section1. Discipline....................................................................................................................18
Section2. Discharge...................................................................................................................19
ARTICLE XIII - SETTLEMENT OF DISPUTES............................................................................19
Section 1. Grievance and Arbitration Procedure........................................................................19
Section2. Stewards....................................................................................................................21
ARTICLE XIV - SENIORITY.........................................................................................................21
ARTICLE XV - GENERAL PROVISIONS....................................................................................23
Section1. No Discrimination.......................................................................................................23
Section2. Bulletin Boards...........................................................................................................24
Section 3. Visits by Union Representatives................................................................................24
Section4. Solicitation....................................................................................................................24
Section 5. Existing Conditions....................................................................................................24
Section6. Rules..........................................................................................................................24
Section7. Other Employment.....................................................................................................25
2019-2022 Laborer's Contract Page 3
Section 8. Supervisory Employees.............................................................................................25
Section 9. Uniforms, Protective Clothing and Devices...............................................................25
Section 10. Response Time Requirement..................................................................................25
Section 11. Safety Committee....................................................................................................26
Section 12. Training Opportunities..............................................................................................26
Section 13. Temporary Employees.............................................................................................26
ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT.........................................................26
Section 1. Health and Welfare....................................................................................................26
ARTICLE XVIII - WORKER'S COMPENSATION........................................................................27
Section 1. Worker's Compensation.............................................................................................27
Section 2. Supplementary Payment............................................................................................27
ARTICLE XIX - LIABILITY INSURANCE.....................................................................................27
Section 1. Liability Insurance......................................................................................................27
Section 2. Property Insurance.....................................................................................................28
ARTICLE XX - SAVINGS CLAUSE AND FUNDING...................................................................28
Section 1. Savings Clause...........................................................................................................28
Section2. Funding......................................................................................................................28
ARTICLE XXI - TERMINATION AND REOPENING....................................................................28
2019-2022 Laborer's Contract Page 4
AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS and LABORERS UNION LOCAL 737
PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to
as the "City", and Oregon, Southern Idaho District Council of Laborers International
Union of North America-, AFL-CIO, hereinafter collectively referred to as the "Union".
Unless indicated otherwise, references to the "City" herein shall include the City's
elected officials, the City Manager, 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 fall and complete Agreement between the
parties on the matters pertaining to rates of pay, hours of work and other conditions of
employment.
SCOPE OF AGREEMENT
This Agreement shall apply to classifications of employees in the Public Works
Department, Ashland, Oregon, as set forth in Appendix "A" but excluding supervisory
employees, confidential employees, clerical employees, guards, part-time employees,
or 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 hereof.
The parties agree as follows:
ARTICLE I — RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for the
purpose of establishing rates of pay, hours of work and other conditions of employment
for all employees within the bargaining unit described immediately above.
2019-2022 Laborer's Contract Page 5
ARTICLE II- UNION SECURITY AND CHECK -OFF
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. their
therein.
Section 2. Check -off for Union Members. Upon receipt monthly from the Union of a
list of names of bargaining unit employees who have authorized such deductions, the
City agrees to deduct the regular monthly dues uniformly required of members of the
Union, and remit such deductions by the fifteenth (15th) of the succeeding month to the
official designated by the Union in writing to receive such deductions. The Union will
notify the City in writing of the exact amount of such regular membership dues to be
deducted. Authorization by the employee shall be on forms furnished and kept by the
Union and may be revoked by the employee upon request. Employees terminating with
less than ten (10) working days in any calendar month will not be subject to a dues
deduction.
Section 3. Indemnification. The Union agrees to indemnify and hold the City harmless
against any and all claims, orders, or judgments brought or issued against the City as a
result of any action taken or not taken by the City under the provisions of this article.
Upon written notification by the Union of a check -off error, the City will make
adjustments within sixty (60) days of receipt of such notification.
ARTICLE III - MANAGEMENT RIGHTS
Union recognizes the prerogative of City to operate and manage its affairs in all
respects in accordance with its responsibilities, and the powers or authority which City
has not expressly abridged, delegated or modified by this Agreement are retained by
City. It is understood and agreed that City possesses the sole and exclusive right to
operate the City through its City Manager and department heads and that all
management rights repose in it, but such rights must be exercised consistent with the
other provisions of this contract. These rights include but are not limited to the following:
To determine the mission of its constituent departments,
commissions and boards.
2. To set standards of services.
3. To train, assign and direct its employees.
4. To discipline or discharge for just cause.
2019-2022 Laborer's Contract Page 6
5. To relieve its employees from duty because of lack of work,
finances or other legitimate reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which
government operations are to be conducted; except that the City
will not contract any work which is ordinarily done by its regular
employees for the specific purpose of laying off or demoting such
employees, and will furnish the Union with a copy of any contract
entered into involving work covered by this contract.
8. To determine the content of and the minimum qualifications for 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 AND LOCKOUT 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 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 the 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. In the event of a 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
2019-2022 Laborer's Contract Page 7
matter involved in the dispute giving rise to the stoppage or by whether such subject
matter is or is not subject to the grievance and arbitration provision of this Agreement.
Section 3. There will be no lockout of employees in the unit by the City as a
consequence of any dispute with the Union arising during the period of this Agreement.
ARTICLE V - HOLIDAYS
Section 1. Recognized Holidays. The following shall be recognized as holidays:
New Year's Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Juneteenth (June 19)
Independence Day (4th of July)
Labor Day (1st Monday in
September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in
November)
Day after Thanksgiving (4th Friday in
November)
Christmas Day (December 25th)
a) When the U.S. President or Oregon Governor establishes a new
annuallyreoccurring holiday or issues a declaration or executive order
directing a one-time federal or state office closure for the purposes of
observing a day of nationwide or statewide celebration or homage — for
example, for mourning the passing of a former president or other significant
person or for memorializing a particular tragic or jubilant event — such a day
will be a paid holiday for City employees subject to this bargaining
agreement; and
b) A presidential declaration or executive order for the specific purpose of
closing federal offices will not necessarily result in a paid City holiday.
Examples of federal or state closures that will not necessarily constitute a
paid City holiday include: furloughs, weather -related closures,
disaster/emergency closures, and office closures extending, for federal
employees, the recognized holidays listed in Section 1 above, such as
closing the day just prior or just after Christmas.
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
preauthorized vacation, sick leave, or other leave with pay when a holiday
2019-2022 Laborer's Contract Page 8
occurs, payment to the employee for that day shall be accounted for as holiday
pay, not as pay for hours of the preauthorized leave.
Section 2. Holiday Pay. Regular employees shall receive eight (8) hours pay for each
of the Holidays listed above on which they perform no work. In order to be eligible for
Holiday pay when no work is performed, an employee must work on their last scheduled
work day prior to the Holiday and on their first scheduled work day immediately
following the Holiday, unless the employee provides a justifiable excuse to the City.
Section 3. Holiday Work. If a regular employee is required to work on any of the
Holidays listed above as part of their regularly scheduled work week, they shall receive,
in addition to their holiday, pay, compensation for all hours worked at their regular
straight time rate of pay. Compensation accrued by reason of authorized work on a
Holiday as provided herein shall be paid for at the straight time rate being received at
the time the work was performed or given another compensatory day off at the option of
the department head. If any other regular employee is required to work on a Holiday,
they shall receive, in addition to their regular pay, compensation for all hours worked in
accordance with call-back pay provisions set forth in Article XI, Section 3.
ARTICLE VI - VACATIONS
Section 1. Eligibility. An employee shall be eligible to take accrued vacation leave
with pay after one (1) full year of continuous service. Vacation leave shall accrue on a
monthly basis. During an employee's first year of employment, the employee will
accrue vacation at the rate of 80 hours of vacation per year, accrued through equal
monthly accruals. Following the completion of the first full year of employment the
annual vacation accrual will increase by the schedule below for every full year of
continuous service completed by the employee with the City of Ashland up to a
maximum annual vacation accrual cap of 200 hours.
YEARS WORKED
PER PAY PERIOD
MONTHLY ACCRUAL
ANNUAL ACCRUAL
1
3.33
6.66
80
2
3.58
7.16
86
3
3.83
7.66
92
4
4.08
8.16
98
5
4.33
8.66
104
6
4.58
9.16
110
7
4.83
9.66
116
8
5.08
10.16
122
9
5.33
10.66
128
10
5.58
11.16
134
11
5.83
11.66
140
12
6.08
12.16
146
13
6.33
12.66
152
14
6.58
13.16
158
15
6.83
13.66
164
2019-2022 Laborer's Contract Page 9
16
7.08
14.16
170
17
7.33
14.66
176
18
7.58
15.16
182
19
7.83
15.66
188
20
8.08
16.16
194
21
8.33
16.66
200
Section 2. Continuous Service. Continuous service, for the purpose of accumulating
vacation leave, shall be based on the regular hours paid to the employee. Vacation
leave shall not accrue during a leave of absence without pay. Authorized leave without
pay and lay-offs shall not be counted as service, however, employees returning from
such leave and employees on layoff status shall be entitled to credit for service prior to
the leave or layoff.
Section 3. Use of accrued vacation time. Each year, an employee may use accrued
vacation time to take time off or to carry forward to the next year. The following rules
apply:
Section 3.1. After the first year of employment, an employee can use vacation for time
off as soon as the vacation time has been earned.
Section 3.2. The employee must use at least 75% of their annual vacation accrual for
time off. Example: an employee who earns 16 vacation days per year (10.67 hours per
month) must take at least twelve (12) days of vacation time off during the year.
Section 3.3. Vacation time that is not used for time off will carry forward to the next
year.
Section 3.4. An employee cannot accumulate at any time more vacation time than two
times their annual vacation accrual. Example: an employee who earns 16 vacation
days per year (10.67 hours per month) may accumulate up to thirty-two (32) days of
vacation.
Section 3.5. If an employee has the maximum amount of vacation accumulated, no
more vacation time is earned until the employee has used some of the accumulated
vacation time.
Section 4. Accrual Limitations. themself
An employee will be allowed to accrue vacation up to. but not to exceed an amount
equivalent to two times the amount that thev accrue in a calendar vear. An employee
who is about to lose vacation credit because of accrual limitations may, by notifying their
supervisor 15 days in advance, request leave to prevent loss of vacation leave. If the
City cannot grant leave due to staffing problems, the City may grant a temporary
allowance to accrue vacation in excess of the accrual cap of this subsection. Said
temporary allowance may continue for no more than 180 days. No payment shall be
made for vacation leave lost by an employee because of accrual limitations, unless the
2019-2022 Laborer's Contract Page 10
failure to take vacation is caused by the City's insistence that the employee be at work
during a scheduled vacation period.
Section 5. Scheduling. Employees shall be permitted to request vacation on either an
entire basis, or split into increments of not less than one working day. Vacation times
shall be scheduled based on the head of the department's (or their designee's)
judgment as to the needs of efficient operations and the availability of vacation relief.
Accordingly, the City will not guarantee that vacation times selected by the Street
Division crew during the last two weeks of June, and the last two weeks of August or
September will be granted. Subject to the foregoing, employees shall have the right to
determine vacation times. Vacation times shall be selected on the basis of seniority;
provided, however, that each employee will be permitted to exercise their right of
seniority only once annually. The vacation schedule for the period of May 1 to April 30,
shall be posted annually as of April 1 and employees shall exercise their choice by
bidding in seniority. The list shall be closed as of April 30 and subsequent changes
shall be made only by mutual consent between the employee and the City. Scheduling
of vacation periods to the extent consistent with operating requirements of the City and
vacation credits of the employee, shall be in daily units.
Section 6. Payment on Termination. In the event of the death or termination of an
employee during the initial twelve (12) months of their employment, no payment in lieu
of vacation shall be made. In the event of death or termination of employment after an
employee has served for twelve (12) months, and is otherwise eligible for vacation
credits, the employee shall be entitled to payment for accrued vacation leave at the rate
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 is paid.
ARTICLE VII - HOURS OF WORK
Section 1. Hours of Work and Workweek,
To the extent consistent with operating requirements of the City, eight (8) hours shall
constitute a regular work shift, and five (5) consecutive days of regular shifts, normally
beginning Monday and terminating Friday, shall constitute a week's work. However, an
employee may be scheduled by the City for a workweek other than Monday through
Friday, which shall become their regular workweek. With a department head's approval,
an alternate 40 hour per week work schedule can be established such as four (4)
workdays of ten (10) hours. The City Manager and Department heads have discretion
to end such approval.
Within the regular work shift for Treatment Plant Operators is a paid, one-half hour meal
period during which Operators may not leave the treatment plants.
2019-2022 Laborer's Contract Page 11
Section 2. Work Schedules. All employees, to the extent consistent with operating
requirements, shall be scheduled to work on a regular work shift, and each shift shall
have regular starting and quitting times. Supervisors shall establish a regular method to
communicate schedules or schedule changes in advance to employees. Except for
emergency situations and for the duration of the emergency, changes in work schedules
shall be communicated seven (7) calendar days prior to the effective date of the
change.
A department head may approve a schedule with a different starting and ending time on
different days of the week or month. The City Manager and Department heads have
discretion to end such approval.
Section 3. Rest Periods. A paid rest period of fifteen (15) minutes shall be permitted
for all employees during each half shift, which shall be scheduled by the City in
accordance with its determination as to the operating requirements and each
employee's duties. Rest periods may be taken at a place of the employee's choosing
provided no more than the allotted time is used and no City vehicles are used for
transportation to or from such place.
Section 4. Meal Periods. Except for treatment plant operators, and to the extent
consistent with operating requirements of the respective departments, an uninterrupted,
unpaid, one-half hour meal period shall be scheduled in the middle of the work shift.
Meal periods may be taken at a place of the employee's choosing provided no more
than the allotted time is used and no City vehicles are used for transportation to or from
such place.
ARTICLE Vill - SICK LEAVE
Section 1. Accumulation. Sick leave shall be earned for the purposes stated herein
by each eligible employee at the rate of eight (8) hours for each full calendar month of
service. No new sick leave credit may be accrued after the first thirty (30) calendar days
on sick leave resulting from an injury incurred in the course of employment. Sick leave
may be accumulated to a total of nine hundred sixty (960) hours and must be taken for
the purposes specified in Section 2 hereof as a condition precedent to any sick leave
payment.
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. In
such event, the employee shall notify the department head or other supervisor of
absence due to illness or injury, the nature and expected length thereof, as soon as
possible prior to the beginning of his/her 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 two days prior to payment of any sick leave benefits or prior to
2019-2022 Laborer's Contract Page 12
allowing the employee to return to work. A physician's s statement may be required as a
prerequisite to payment of sick leave for less than three (3) days if the employee has
been advised in advance of such requirement.
Section 3. Integration with Workers' 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 under Worker's Compensation laws
and the employee's regular pay. In such instances, pro -rated charges will be made
against accrued sick leave for the first thirty (30) calendar days in proportion to the
City's contribution to the employee's daffy wage. Thereafter, full charges will be made
against accrued sick leave until such sick leave is exhausted, after which time the only
compensation will be Workmen's Compensation benefits, if any.
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 certificate from a physician periodically during the period of such disability, and before
returning to work.
Section 5. Termination. Sick leave is provided by the City in the nature of insurance
against loss of income due to illness or injury. No compensation for accrued sick leave
shall be provided for any employee upon his/her death or termination of employment,
except that upon retirement, accumulated sick leave will be applied to retirement as
provided in ORS 238.153. Sick leave shall not accrue during any period of leave without
pay.
Section 6. Compensation for Not Using Sick Leave. Employees may elect to receive
1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their
first paycheck in December. If cash payment is not elected, the unused portion of sick
leave will be added to employee's cumulative sick leave balance or converted to
accrued vacation at the option of the employee.
Employees who use 40 hours of sick leave or less in a calendar year shall be entitled to
the full cash out as stated in Section 6. above in compliance with Senate Bill 454 which
requires all employers to allow employees up to 40 hours of protected sick leave each
yea r.
Examples of how the payment for unused sick leave is calculated:
Annual Accrual:
96
96
96
96
Sick leave hours used by employee during the
100
30
10
152
year:
All employees are entitled to use up to 40 hours
40
40
40
40
without impacting their sick leave incentive.
Hours used up to 40/year are added back for
96-100 = -4 +
96-30 = 66 +
96-10 = 86
96-152 = -56 +
the purpose of calculating the sick leave
40
30
+
40
incentive:
= 36/3 = 12
= 96/3=32
10 = 96/3 =
_ -16/3 = -
32
5.33
Balance that can be cashed out (Max 32):
12
32
32
2019-2022 Laborer's Contract Page 13
Section 7. Use for Family Illness.
An employee may be granted leave to care for an ill or injured family member in
accordance with applicable federal and state Family & Medical Leave Laws.
For the purpose of this Section, family member shall include any family member
recognized under the Oregon and/or Federal Family and Medical Leave Acts.
ARTICLE IX — BEREAVEMENT LEAVE
Section 1. Bereavement Leave. An employee may be granted three (3) days funeral
leave with regular pay in the event of death in the immediate family of the employee.
For the purposes of the Bereavement Leave benefit, an employee's immediate family
shall include spouse, parent, children, sibling, sibling -in-law, parent -in-law, grandparents
and grandparents -in-law. The employee will be paid their regular hourly rate for any
such days of excused absence which occur only during their assigned workweek. An
additional two (2) days may be granted if the funeral is over 750 miles from Ashland,
one way.
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 it is determined that the operation of the department and/or division will not be
negatively impacted by the temporary absence of the employee. Requests for such
leaves must be in writing and submitted to the Department Head 30 days prior to the
requested leave date. Grants of such leave include no guarantee that the position
vacated will not be eliminated during the employee's leave due to budget constraints.
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 them for such jury
service, and upon being excused from jury service for any day an employee shall
immediately contact their supervisor for assignment for the remainder of their 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
service on the employee of a subpoena or other direction by proper authority. The
matter must be one in which the employee is not a party to the proceeding. The regular
pay of such employee shall be reduced by an amount equal to any compensation they
may receive as witness fees.
2019-2022 Laborer's Contract Page 14
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.
Section 5. 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.
Section 6. 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 their professional ability through the enrollment in
educational 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 department
head. One year leaves of absence, with requested extensions, for educational purposes
may not be provided more than once in any three (3) year period. Their replacement
shall be considered a temporary employee.
Employees may also be granted time off with pay for educational purposes for
reasonable lengths of time, to attend conferences, seminars, briefing sessions, training
program, and other programs of a similar nature that are intended to improve or
upgrade the employee's skill and professional ability, when ordered by the employee's
department head.
Section 7. Military Leave. Paid and unpaid military leave shall be granted in
accordance with Oregon and federal law.
Section 8. Failure to Return From Leave. Any employee who is granted a leave of
absence and who, for any reason, fails to return to work at the expiration of said leave
of absence, shall be considered as having resigned their position with the City, and their
position shall be declared vacated; except and unless the employee, prior to the
expiration of their leave of absence, has furnished evidence that they is unable to work
by reason of sickness, physical disability or other legitimate reason beyond their control.
ARTICLE XI - COMPENSATION
Section 1. Pay Schedule. Employees shall be compensated in accordance with the
pay schedule attached to this Agreement and marked Appendix "B" which is hereby
2019-2022 Laborer's Contract Page 15
incorporated into and made a part of this Agreement. 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.
The Following Wage Increases shall be applied:
Effective 7/1/2019 — All positions in the bargaining unit shall receive a 2% Cost -of -
Living Adjustment (COLA).
Effective 7/1/2020 and 7/1/2021 -- All positions in the bargaining unit will receive a
COLA based on actual CPI, with a minimum of 1.5% and a maximum of 3%. If the
actual CPI is greater than 3.0% or lower than 1.5% by more than 0.5%, both parties
agree to re -open the contract to discuss wages only. Parties agree to use LGPI's
published CPI Index which shows the U.S. City Average CPI-U March -March. (The
index is available on-line at https://www.lgpi.org/Igpi/page%onsumer-price-index-cpi).
Section 2. Pay Periods. Paydays shall be on the Friday following the close of each
pay period.
Section 3. Call-back time. Employees called back to work shall receive overtime pay
with a guaranteed minimum of two (2) hours at double time for the work for which they
are called back and return to work. This section applies only when call-back result in
hours worked which are not annexed consecutively to one end or the other of the
working day or working shift. Phone calls or SCADA alerts received outside of the
working day or working shift, that do not result in a return to work will result in one (1)
hour of double time, unless that call or alert takes longer than one (1) hour to resolve.
Calls lasting longer than (1) hour will result in double time for the actual duration of the
call or alert. This section does not apply to scheduled overtime, call -in times annexed to
the beginning of the work shift, or hold -over times annexed to the end of the work shift
or work day.
Section 4. Overtime. 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. Employees shall be compensated at the rate
of two (2) times the regular rate for overtime work under the following conditions, but in
no event shall such compensation be received twice for the same hours:
• All assigned work in excess of forty (40) hours in any workweek.
2019-2022 Laborer's Contract Page 16
Section 5. Over -time Compensation. Overtime may be paid in the form of
compensatory time off at the applicable rate, subject to the approval of the Department
Head or designated supervisor. All overtime shall be recorded by the employee and
must be approved by the Department Head or designated supervisor in advance. The
employee must designate whether they desires pay or compensatory time off on the
time sheet reporting the overtime worked. Compensatory time shall be accrued on an
annual basis from December 1 to November 30 with any amount unused at November
30 to be compensated as pay on the first pay check of December. Accrued
compensatory time shall not exceed forty (40) hours which represents eighty (80) hours
of straight time. However, at the option of the employee, up to twenty (20) hours (40
hours of straight time) may be carried forward for use in the next year, rather than being
cashed out in December.
Section 5.1. Overtime Meal Allowance. Employees who are required to work
more than (12) hours in one work day or are required to report to work without
adequate time to prepare a meal shall be entitled to a meal allowance. An
overtime meal allowance of $15.00 will be paid on the first paycheck that
includes the overtime work. Overtime meal allowance should be approved by the
employee's supervisor and requested on the timesheet when the overtime work
occurred.
If overtime work continues after a meal has been provided, employees shall be
entitled to additional meals at (4) hour intervals thereafter.
Section 6. Standby Pay. Standby pay shall be 7% of an employee's regular monthly
rate. If a holiday occurs, or the holiday observation occurs on an assigned work day, an
additional 3% of the employee's regular monthly rate shall be paid to such employee for
the week in which the holiday, or observation occurs.
Section 7. Certification -Pay.
Certification pay will be added as follows:
(1) Mechanic — more than 2 certification, but less than 6 = $0.25 per hr.
(a) Master Mechanic Certification - $0.50 per hr.
(2) Water / Waste Water —
(a) # II Certification = $0.25 per hr.
(b) # III Certification = $0.35 per hr.
(c) # IV Certification = $0.50 per hr.
(3) Back —Flow Certification Required by the City (Inspector Certification or Testing
Certification
(a) Any one of these certification = $0.35 per hr.
(b) Both certifications = $0.50 per hr.
2019-2022 Laborer's Contract Page 17
(4) Building Maintenance Certification = $0.25 per hr.
(5) Pesticide Certification Required by the City = $0.35 per hr.
(6) Erosion Control Certification = $0.25 per hr.
(7) Pre -Need Sales Certification = $0.25 per hr. (Limited to two employees actively
working in the Cemetery Division.)
Employees currently receiving certification pay through grandfathered provisions
will receive the above certification pay in lieu of and not in addition to the
certification pay they are currently receiving.
Employees may receive pay for more than one certification, but pay for combined
certifcations may not exceed $0.50/hr. To be eligible for certification pay, an
employee must obtain prior approval from their supervisor.
Section 8. Mileage. An employee required to report for special duty or assignment at
any location other than their permanent reporting location and who is required to use
their personal automobile for transportation to such location shall be compensated at
the mileage reimbursement rate established annually by the IRS.
Section 9. Working Out of Class. Whenever an employee is required to work in a
higher job classification they shall receive an additional 5% for the next higher
classification, 10% for a two classification upgrade and 15% for a three classification
upgrade for the actual hours worked in the higher classification. Any member of the
bargaining unit assigned as "Lead Worker" will be eligible for 5% additional pay for the
period assigned as Lead Worker. Lead Worker status shall be noted on the employee's
timesheet as Working Out -of -Class.
Section 10. Longevity Pay. Once a member of the bargaining unit acheives a total of
20 years of service, they shall receive a one-time cash payment of $1,000. At the
employee's option, he or she may accept the longevity payment as cash, or the member
may elect to defer (all or part of) the longevity pay through one of the City's available
deferred compensation programs.
ARTICLE XII - DISCIPLINE AND DISCHARGE
Section 1. Discipline. Disciplinary action may include the following:
(a)
Oral reprimand.
(b)
Written reprimand.
(c)
Demotion.
(d)
Suspension.
(e)
Discharge.
2019-2022 Laborer's Contract Page 18
Disciplinary action may be imposed upon any employee for failing to fulfill their
responsibilities as an employee. Conduct reflecting discredit upon the City or
department, or which is a direct hindrance to the effective performance of City functions,
shall be considered good cause for disciplinary action. Such cause may also include
misconduct abuse of sick leave, inefficiency, incompetence, insubordination,
misfeasance, malfeasance, the willful giving of false or confidential information, the
withholding of information with intent to deceive when making application for
employment willful violation of departmental rules or for political activities forbidden by
State law. Any disciplinary action imposed upon an employee shall be protested only as
a grievance through the regular grievance procedure. Written reprimands shall not be
kept in an employee's file longer than 12 months unless there is a similar disciplinary
problem during this time. Oral reprimands shall not be protested through the grievance
procedure.
If the Department Head or other supervisor has reason to discipline an employee, they
shall make reasonable efforts to impose such discipline in a manner that will not
embarrass or humiliate the employee before other employees or the public.
Section 2. Discharge. An employee having less than twelve (12) months continuous
service shall serve at the pleasure of the City. An employee having continuous service
in excess of twelve (12) months shall be discharged only for cause. If the department
head or other supervisor determines that there is cause for discharge, they shall
suspend the employee without pay for five (5) calendar days and shall deliver to the
employee and the Union a written notice of such suspension and pending dismissal.
Such notice shall specify the principal grounds for such action. Unless otherwise
resolved, the dismissal shall become effective at the end of the five-day suspension.
Protest of the discharge of any regular employee shall be made only through the
grievance procedure set forth in Article XIII. The Union may process a grievance
concerning suspension or discharge, or both, at Step 11 of the grievance procedure.
ARTICLE XIII - SETTLEMENT OF DISPUTES
Section 1. Grievance and Arbitration Procedure. 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:
Step I. The affected employee shall take up the grievance or dispute with the
employee's division head or supervisor within seventy-two (72) hours of its occurrence,
excluding Saturday and Sunday. Such employee may be accompanied by the Steward,
if they so desire. The division head or supervisor shall then attempt to adjust the matter
within three (3) working days.
Step II. If the grievance has not been settled between the affected employee and the
division head or supervisor, it may be presented in writing by the Union Business
2019-2022 Laborer's Contract Page 19
Manager or their designee to the Director of Public Works within seventy-two (72)
hours, excluding Saturday and Sunday, 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 Director of Public Works shall
respond to the Union representative in writing within five (5) working days after receipt
thereof.
Step III. Board of Adjustment
If the grievance is not resolved at Step II, it shall be referred to a Board of Adjustment
by written notice which is served on the City within five (5) working days after the failure
to resolve the grievance at Step II or within five (5) working days after expiration of the
time limit applicable to that step. Failure to serve timely notice of referral to the Board of
Adjustment shall constitute a waiver of the grievance. The Board of Adjustment shall
consist of two (2) representatives appointed by the City and two (2) representatives by
the Union. None of these four (4) shall be a City employee. The Board shall hear the
matter at a mutually convenient time and place within ten (10) working days following
written referral to the Board of Adjustment. Upon hearing the matter, the Board shall
issue a written decision signed by the members within twenty-four (24) hours. The
majority of the Board of Adjustment shall determine the matter, and such decisions shall
be final and binding on all parties - the City, the Union and the grievant or grievants.
Each member of the Board of Adjustment shall be entitled to one (1) vote. In the event
the Board of Adjustment is deadlocked, such result will be noted in writing. Both parties
may, by mutual agreement, waive submission of a grievance to the Board of
Adjustment.
Step IV. If the grievance still remains unadjusted, it may be presented by the Union to
the City Manager or their designee, within five (5) working days after the Board of
Adjustment's action. The City Manager or their designee shall respond in writing to the
Union within five (5) working days.
Step V. If the grievance is still unsettled, either party may within ten (10) days of the
decision of the City Manager or their designee(s) under Step V 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 Oregon State Conciliation Service
shall be requested to submit a list of five names. Both the City and the Union shall have
the right to strike two names from the list. The party requesting arbitration on 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 issues 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) 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, but
shall be limited to consideration of the particular issue(s) presented to themthem. Their
decision shall be based solely upon their interpretation of the meaning and application
2019-2022 Laborer's Contract Page 20
of the express language 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 their own representatives and witnesses. If either party desires a
verbatim recording of the proceedings, it may cause such a record to be made, provided
it pays for the record. If the other party desires a copy, both parties shall jointly share
the cost of the transcript of 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. If any grievance is not
answered by the City within the time limits specified above, such grievance and the
remedy requested shall be deemed granted.
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 hereof, shall not interfere with their or other employees' regular work
assignments as employees of the City. Contacts between Stewards and employees or
the Union shall be made outside working hours so as not to disrupt regular City
operations. Business agent or designee may place phone calls to Steward during work
hours, the Steward will return such calls while on break or lunch and this practice will
not be abused.
ARTICLE XIV — SENIORITY
Section 1. Seniority. Seniority shall be an employee's length of continuous service with
the bargaining unit, dating from their last date of hire, and shall apply by job
classification within their division in the matter of layoff, recall and vacation.
In the event of a layoff, such employee may exercise their seniority in a lower job
classification within any division they has previously worked. If the employer determines
that a layoff requires seniority to be bypassed in order to retain an employee with a skill
not possessed by others in the division, the employer shall notify the union at least 10
working days prior to implementation. The matter shall be subject to the grievance
procedure.
Seniority shall accrue separately for each division they works in. "Division" shall be
defined as:
Water Distribution
Water Treatment
Wastewater Collections
2019-2022 Laborer's Contract Page 21
Wastewater Treatment Plant
Storm water Collections
Street Operations/Maintenance
Facilities
Cemetery
Equipment Maintenance
The employment relationship shall be broken or terminated if an employee (1) quits; (2)
is discharged for just cause; (3) is absent from work for two consecutive working days
without notification to the employee's supervisor by the employee; (4) is laid off and fails
to report to work within three days after being recalled; (5) is laid off from work for any
reason for 24 months, or for a period of time equal to their seniority, whichever is
shorter; (6) fails to report for work at 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) if they is retired.
Section 1.1 Suspension of Seniority. Seniority shall be retained but shall not
continue to accrue during (1) authorized sick leave or disability leave in excess of ninety
(90) calendar days; (2) educational leave requested by the employee; (3) military leave
for disciplinary reasons; (4) election to a full-time paid Union office up to one (1) year,
renewable upon application; (5) other authorized leaves of absence up to ninety (90)
calendar days; and (6) promotion to a supervisory position outside of the bargaining unit
for six (6) months.
Section 1.2 Accrual of Seniority. Seniority shall continue to accrue during (1)
authorized sick leave or disability leave up to ninety (90) calendar days; (2) vacation
leave; (3) educational leave required by the City; (4) military leave as specified in Article
X; (5) bereavement leave; (6) holiday leave; (7) jury duty; and (8) compensatory time
off.
Section 2. 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 positions, 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 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 including, but not limited to,
the shifting of work schedules and job classifications, the assignment of on-the-job
training, cross -training in other classifications, the assignment of educational courses
and training programs and the request that such employees attend training programs on
their off -duty time. Termination of a probationary employee shall not be subject to the
grievance procedure under Article XIII.
2019-2022 Laborer's Contract Page 22
Section 3. Promotional Probationary Period. Regular employees promoted into a
higher classification shall serve a promotional probationary period of six (6) months. The
City may extend probation for six (6) months. Any extension beyond twelve (12) months
would require mutual consent by the Union and the City. The Union also recognizes the
right of the employer to demote an employee on promotional probationary status to their
previous position. Demotion of an employee on promotional probationary status shall
not be subject to the grievance procedure under Article XIII.
Section 4. Promotional Opportunities. The City and the Union recognize that
promotions from within the divisions increase productivity and morale. The City and the
Union also recognize the affirmative action policy of the City that all job opportunities
shall be advertised both within and without the City serviceAll job opportunities for
bargaining unit classifications shall be posted. At the option of the City, promotional job
opportunities may be advertised only within the City. Any decision made by the City
regarding this option is not grievabce. If two or more present employees who apply for
the vacancy are equally qualified, seniority shall govern. Subject to the requirements of
Oregon's Veterans Preference in Public Employment Act, if a present employee and an
outside applicant are equally qualified, the present employee shall receive the
appointment. Employees who are promoted shall not suffer a reduction in wages. The
City shall be the judge of an employee or applicant's qualifications.
Section 5. Recall From Layoff. Recall from layoff exceeding five (5) workdays shall be
by certified letter sent to the employee at their last known address furnished to the City
by the employee. Laid off employees are solely responsible for assuring that the City
has their current mailing addresses. The City may use any other means to return an
employee sooner.
Section 6. Temporary Employees. If any regular bargaining unit employees are on a
layoff status, temporary employees shall not be used to supplant the duties previously
performed by such regular employees, provided such regular employees are qualified.
ARTICLE XV - GENERAL PROVISIONS
Section 1. No Discrimination. The provisions of this Agreement shall be applied
equally to all employees in the bargaining unit without discrimination against an
employee's race, creed, color, sex, sexual orientation, gender identity, age, national
origin or disability. 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 all genders.
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 Union by reason of the exercise of such
right except as specifically provided herein. Nothing in this Agreement shall be
2019-2022 Laborer's Contract Page 23
construed as precluding or limiting the right of an individual employee to represent
themself in individual personnel matters.
Section 2. Bulletin Boards. 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 postings 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.
Section 3. Visits by Union Representatives. Provided that any meetings with
employees do not interfere with the employer's operations, accredited representatives
of the District Council of Laborers and Laborers Union, Local #737, upon reasonable
and proper introduction, shall have reasonable access to the premises of the City at any
time during working hours for the purpose of assisting in the administration of this
agreement. The union agrees to provide adequate advanced notice to City
management so that work schedules can be adjusted to assure employee availablility.
The City agrees to allow (1) hour of paid time per year for the entire bargaining unit to
meet. The union agrees to provide adequate advanced notice to City management so
that workschedules can be adjusted for employee attendance at the annual union
meeting. It is understood and agreed by both parties that no overtime will be incurred or
paid for the purpose of employee participation in the annual meeting.
Section 4. 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 and by Oregon law.
Section 5. Existing Conditions. Only such existing and future work rules and benefits
as are specifically covered by the terms of this Agreement shall be affected by
recognition of the Union and the execution of this Agreement. It is further agreed that if
modification of work rules or benefits covered by a specific provision of this Agreement
is proposed, any such modification shall be posted prominently on all bulletin boards for
a period of seven (7) consecutive days prior to implementation.
Section 6. Rules. It is jointly recognized that the City must retain broad authority to
fulfill and implement their responsibilities and may do so by work rule, oral or written,
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, or is
contrary to the provisions of Oregon State Law. All work rules which have been, or shall
be reduced to writing, will be furnished to the Union and to affected employees.
2019-2022 Laborer's Contract Page 24
Section 7. Other Employment. Outside employment shall be permitted only with the
express prior written approval of the City. Such written approval shall be documented in
the employee's Personnel File. The general principles to be followed by the City in
permitting or restricting such outside employment shall be:
1) The need for mentally and physically alert City employees;
2) Insulating employees from potential conflict of interest situations;
3) Maintaining efficiency unimpaired by other employment, particularly for those
City positions requiring employees to be available for duty 24 hours a day.
In the event the above principles are violated, the department head or City Manager
may revoke previously granted permission to hold outside employment.
Section 8. Supervisory Employees. It is understood that supervisory employees shall
not perform work within the jurisdiction of the Union except in the case of an unforeseen
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 reasons, or where the workload is temporarily increased.
Section 9. Uniforms, Protective Clothing and Devices. If an employee is required to
wear a uniform, protective clothing, or use any type of protective device, such article
shall be provided, maintained and cleaned by the City, if exposed to chemical or
biohazard that require special cleaning. Employees may be provided with routine
clothing items such as shirts, jackets or hats imprinted with the City's logo for easy
identification in the field; however, cleaning and maintenance of routine clothing items
shall be the responsibility of the employee unless special cleaning is required as
described above. The City will continue to honor any agreements made with employees
prior to 7/1/2011 regarding the cleaning of non -protective clothing items.
Lost articles or damage to articles due to negligence shall be reimbursed to the City by
the employee. The City shall provide a safe place for the storage of such articles.
Failure of an employee to wear such required uniform, protective clothing, or use such
protective devices as prescribed by the City shall be cause for disciplinary action as set
forth in Article XII hereof.
Section 9.1. Boot Allowance. Employees shall receive payment of $200 per
year of this Agreement toward the cost of the purchase or repair of shoes, boots
or protective footwear (including orthotics, insoles, or weather -related
footwear/gear).
Section 10. Response Time Requirement. All regular employees regularly assigned
to standby status shall establish their residence to enable them to report for emergency
duty within forty (40) minutes of notification, including get ready time and travel time.
New employees shall establish their residency within a forty (40) minute response time
within six (6) months of date of hire.
2019-2022 Laborer's Contract Page 25
Section 11. Safety Committee. The City and Union will comply with all state and
federal laws on this subject.
Section 12. Training Opportunities. On-the-job training may be provided by the City
as time and the workload permit.
Section 13. Temporary Employees. Temporary employees shall not be used in such
a way as to negate the purpose and intent of ARTICLE XV - GENERAL PROVISIONS
Section 12. Training Opportunities relating to the operation of heavy equipment.
ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT
Section 1. The Employee Health Benefits Advisory Committee including one (1)
representative of Laborers Union shall meet annually for the purpose of reviewing
program performance and discussing health insurance benefits in order to inform their
members. The committee and the union shall be advised of any proposed changes to
the insurance benefits plan.
Health benefits and other insurance will be provided to represented employees under
the same conditions and restrictions as provided to all other City employees. Coverage
may be adjusted or modified by the City Manager. Nothing in this agreement shall be
deemed a limitation on the annual plan benefit adjustments.
Section 2. The employee premium contribution shall not exceed 5% of the premium
cost and shall be deducted from the employee's check through regular payroll
deductions.
Section 3. HRA-VEBA. The City agrees to contribute an amount equivalent to 2% of
salary for each member of the bargaining unit into an HRA-VEBA program for the
duration of the contract.
Section 4. Life Insurance. The City agrees to provide each member with life insurance
coverage: Employee ($10,000) with a matching Accidental Death and Dismemberment
(AD&D) policy; Dependent ($1,000) coverage. Members may purchase additional
voluntary coverage to supplement city -provided policies.
Section 5. Long Term Disability Insurance. The City agrees to provide long term
disability insurance for the employee only.
Section 6. Deferred Compensation. The City agrees to contribute $15.00 per month
in matching funds per member enrolled in a City deferred compensation program
2019-2022 Laborer's Contract Page 26
(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.
A contribution of $30.00 per month shall be contributed by the City to the
Deferred Compensation plan of employee's choice whether the employee elects
to contribute their personal funds to the plan or not. This contribution recognizes
benefit concessions made in prior negotiations that were intended to go toward
annual insurance deductible cost.
Section 7. Flexible Spending Account. Pre-tax flexible spending account options for
eligible health and dependent care expenses
Section 8. Retirement. The City agrees to maintain the existing retirement plan and to
pay the employee's contribution of 6% for all employees governed by the agreement.
Section 9. Medical Coverage for Retirees. The City will allow Tier 2 & 3 (OPSRP)
retirees to convert up to 100 hours of their unused sick leave balance into a contribution
to their HRA VEBA at retirement to help with post -employment medical expenses. The
employee must meet the eligibility requirements to retire under PERS Tier 2 or 3, and
the employee's final rate of pay shall be used to calculate the City's contribution into the
employee's HRA VEBA Account.
Section 10. Mercy Flights Membership — The City Agrees to pay the annual premium
for household membership in Mercy Flights for Air Ambulance transportation services.
Employees shall have the opportunity to upgrade their membership to the Combined Air
and Ground Ambulance membership by paying the additional amount by payroll
deduction.
ARTICLE XVII - WORKER'S COMPENSATION
Section 1. Worker's Compensation. All employees will be insured under the
provisions of the Oregon State Worker's 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 time loss payments shall be equal to
the difference between such payments and the employee's regular pay rate.
ARTICLE XVIII - LIABILITY INSURANCE
Section 1. Liability Insurance. The City shall purchase liability insurance to the limits
set forth in the Oregon Tort Claims Act (ORS 30.260 — 30.300) for the protection of all
employees covered by this Agreement against claims against them incurred in or arising
2019-2022 Laborer's Contract Page 27
out of the performance of their official duties. The premiums for such insurance shall be
paid by the City.
Section 2. Property Insurance. The City carries catastrophic coverage for property
losses, including to employee property, resulting from fire and other catastrophes. In
addition, the City will reimburse replacement costs (to the extent those costs are not
covered by other insurance) if all or most of a mechanic's personal work tools are stolen
from City property. To obtain reimbursement under this section, the mechanic must
maintain an accurate inventory of the tools which has been provided to the City in
advance of the theft, a crime report must be filed with the local police, and the mechanic
must not be in any way involved in the theft.
ARTICLE XIX - SAVINGS CLAUSE AND FUNDING
Section 1. Savings Clause Should any provision of this Agreement be declared invalid
by statute, competent judicial authority or by ruling of the Oregon Employment Relations
Board, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement. In this event, either or both parties may, in writing, demand
to bargain the subject of the invalidated provision(s). Upon such demand by one party
to the other, bargaining shall be governed by ORS 243.698.
Section 2. Funding. The parties recognize that revenue needed to fund the wages and
benefits provided by this Agreement must be approved annually by established budget
procedures and in certain circumstances by vote of the citizens of the City. All such
wages and benefits are therefore contingent upon sources of revenue and, where
applicable, annual voter budget approval. The City has no intention of cutting 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 XX - TERMINATION AND REOPENING
This Agreement shall be effective July 1, 2019, and shall remain in full force and effect
until the 30th day of June 2022, and shall terminate all prior agreements and practices,
and concludes all collective bargaining during the term of this Agreement. It shall be
automatically renewed from year to year thereafter unless either party shall notify the
other in writing not later than 180 days prior to the expiration or subsequent anniversary
date that it wishes to modify the Agreement for any reason. Such notification shall
2019-2022 Laborer's Contract Page 28
include the substance of the modification and the language with which such desired
modifications are to be expressed.
APPROVED:
CITY OF ASHLAND ASHLAND CITY COUNCIL
By By
Joseph Lessard, City Manager Julie Akins, Mayor
L.I.U.N.A. Local No. 737
MA
Zack Culver
By
Greg Whittenburg
By
Dave Onkka
Date
Date
Date
Oregon Southern Idaho District Council of Laborers
M
Jeffrey Gritz
Date
2019-2022 Laborer's Contract Page 29
Appendix "A"
Job Classifications in the Bargaining Unit
Cemetery Sexton
Mechanic
Senior Mechanic
Meter Reader/Repair
Wastewater Treatment Plant Operator
Senior Wastewater Treatment Plant Operator
Utility Worker I
Utility Worker II
Senior Utility Worker
Utility Technician
Water Quality Technician
Water Treatment Plant Operator I, II *
Senior Water Treatment Plant Operator
(*) Indicates Flexible Staffing Option - The City can hire a I or a II base on operational
needs, and promote I to II without a competitive process.
2019-2022 Laborer's Contract Page 30
Appendix "B"
Salary Schedule
*PLEASE NOTE: Hourly rates are accurate to 4 decimal places. A Monthly wage is provided as an approximate salary, but actual
monthly earnings may differ from those quoted above.
2019-2022 Laborer's Contract Page 31
2019-2022 Laborer's Contract Page 32
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
su that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. vrticle Addressed to:
111111 IN 11 ill 111111, 1111111 Ill I 111 ill
9590 9402 6718 1060 5106 54
2. Artic Number (Transt brr from service label
PS Form 3811, July 2020 PSN 7530-02-000-9053
A. SiIU,
X rr �
B. Rec ' d by (Fried Name) C.
' (I I r
D. Is deIWry address different from item
If YES, enter delivery address below:
❑ Agent
❑ Addressee
Date of Delivery
Yes -
❑ No
3. Service Type
❑ Priority Mail Express®
❑ Adult Signature
❑ Adult Signature Restricted Delivery
❑ Registered MailTM
O Registered Mail Restricted
❑ Certified WHO
❑ Certified Mail Restricted Delivery.
Delivery
❑ Signature Confirmation""
❑ Collect on Delivery
❑ Signature Confirmation
❑ Collect on Delivery Restricted Delivery
Restricted Delivery
❑ Insured Mail
O Insured Mail Restricted Delivery
Domestic Return Receipt
NOTICE OF DISHONOR
& IMMINENT LIABILITY
FOR NON -CONSENT & INJURY
Silence is Acquiescence, Agreement and Dishonor
This is a Self -Executing Contract
Notice to Agent is Notice to Principal;
Notice to Principal is Notice to Agent
Wei
1. Richard Bailey, Jr. the man, acting as President of SOUTHERN OREGON UNIVERSITY
2. Greg Perkinson, the man, acting as Vice President for Finance and Administration of
SOUTHERN OREGON UNIVERSITY
3. Julie Akins, formerly acting as Mayor of the CITY OF ASHLAND at the time Notice of
Liability was issued
4. Tonya Graham, the woman, formerly acting as City Councilwoman of CITY OF ASHLAND at
the time Notice of Liability was issued; currently Mayor of CITY OF ASHLAND
5. Paula Hyatt, the woman, acting as City Councilwoman of CITY OF ASHLAND
6. Bill Molnar, the man, formerly acting as Community Development Director of CITY OF
ASHLAND
7. Derek Severson, the man, acting at the time as Community Development Director of
CITY OF ASHLAND
8. Joe Lessard, the man, formerly acting as City Manager, CITY OF ASHLAND at time of
Notice of Liability issuance
9. Daniel P. Santos, the man, acting as Vice Chair, Board of Trustees, SOUTHERN OREGON
UNIVERSITY
Hereinafter: R esponde nts/Li be I lees
FROM:
CYNTHIA ZWERLING— Vessel; represented by: Cynthia Zwerling -Authorized Representative
Cynthia Zwerling, a woman, sui juris, herby claiming all rights and remedies reserved
Page 1 of 4
And
The living men and women below, and those yet unnamed, who may add themselves in their free and
unlimited commercial capacity to this notice of liability of non -consent and injury
Hereinafter: Claimant/Libellant
NOTICE OF DISHONOR
You are hereby noticed that you are in Dishonor of an opportunity to respond to the contract, you received the
NOTICE OF LIABILITY FOR NON -CONSENT & INJURY on or by CYNTHIA ZWERLING—Vessel; Authorized
Representative of Cynthia Zwerling, on September 28, 2022 by UNITED STATES POSTAL SERVICE (USPS)
Certified Mail] with an effective date of October 29, 2022 ;
In correction and clarification for the record, you and each of you were given the opportunity to:
1. State a claim as stated in the section; Offer of Immunity — Stating a Claim of the said contract NOTICE
OF LIABILITY FOR NON -CONSENT & INJURY
2. Remain silent and agree with all terms of the said contract NOTICE OF LIABILITY FOR NON -
CONSENT & INJURY
Due to Respondents/Libellees' failure to answer with a specific, verified, and sworn response to the instant
contract NOTICE OF LIABILITY FOR NON -CONSENT & INJURY, a Dishonor Judgement is hereby issued
against Respondents/Li bellees, having waived the right to answer, by tacit admission and failure to contest,
rejecting Respond ents/Libellees' due process opportunity.
In absence of such verified response, the Claimant/Libellant does hereby insert and record this NOTICE OF
DISHONOR AND IMMINENT LIABILITY FOR NON -CONSENT & INJURY, jointly and severally upon and
against the above -named Respondents/Libellees.
Page 2 of 4
PLAIN STATEMENT OF FACTS
1. An offer to deploy and or install The 4G LTE Wireless Communications Facility/Cell Tower at
Southern Oregon University Stadium Way , which is clearly commercial in fact, was made by the
R espo ndents/Li bel lees, and others yet to be named.
2. On Sept 28, 2022 , the Respond ents/Libellees received the contract, NOTICE OF LIABILITY FOR
NON -CONSENT & INJURY, delivered by US Postal Service Certified Mail
3. R espo nd ents/Li bel lees were given the opportunity, with specific terms, to respond to the said contract
within a reasonable timeframe.
4. The effective date was either 30 days to cease and desist in allowing this Wireless Communications
Facilty/Cell tower, which would have been by Oct. 29th, 2022, OR before Oct 19, 2022 which was 21
days after the effective date to send a point -by-point rebuttal of all the points in the Affidavit. No
responses were received according to the terms of the contract, NOTICE OF LIABILITY FOR NON -
CONSENT & INJURY.
5. This lawful administrative process, including the NOTICE OF LIABILITY FOR NON -CONSENT &
INJURY and this instant NOTICE OF DISHONOR AND IMMINENT LIABILITY FOR NON -CONSENT
& INJURY, all jointly constitute the "meeting of the minds" requirement on the original contract offer
made by Respondents/Libellees, and others yet to be named.
6. Regarding Respond ents/Libellees' offer to deploy and or install The 4G LTE Wireless
Communications Facility/Cell Tower at Southern Oregon University Stadium Way ; the offer, the
meeting of the minds, and the conditional acceptance have all been clearly expressed.
7. Respond ents/Li bel lees have failed to respond, and are in default, and in dishonor of the Contract,
NOTICE OF LIABILITY FOR NON -CONSENT & INJURY, as expressed therein and are subject to any
and all of the terms therein.
Failure to meet the requirements as clearly defined in the section, Insufficiency of Response in the NOTICE OF
LIABILITY FOR NON -CONSENT & INJURY does hereby constitute, as an operation of law, the final admission
and agreement of the liability of Respond ents/Libellees through tacit procuration as stated in the NOTICE OF
LIABILITY FOR NON -CONSENT & INJURY, and the Respondents/Libellees' contract is hereby being and is
deemed stare decisis.
Such actions shall be taken in accordance to the procedures, jurisdictions, and penalties thereof set forth in the
NOTICE OF LIABILITY FOR NON -CONSENT & INJURY as defaulted.
Qui non obstat quod obstare potest facere videtur
Page 3 of 4
I, CYNTHIA ZWERLING— Vessel: Authorized Representative for Cynthia Zwerling , herein "Claimant/
Libellant," all rights and remedies reserved without prejudice, do herewith affirm and declare under my unlimited
commercial liability that I am competent and of lawful age to state the matters set forth herein, that they are true,
correct, complete, and not intended to be misleading, they are admissible as evidence, and in accordance with
my best firsthand knowledge, understanding and belief.
Dated the 10th day of January in the year Two Thousand and Twenty -Four.
Claiman tint] Z[ q Clairr�nt/Libella' autogra h] All Rights & Remedies Reserved
eW 4nessutograph] All R' t & Remedies Reserved Witn autograph] Al4Righleeme�desRes�erved
On this, the 16%Ar\day of Min 2024, before me, the undersigned notary public,
r `vo)
appeared KA 15
, known to me to be the one whose name is subscribed to the
within instrument, and acknowle ged execution of the same for the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
NOTARY PLI
Commission
Page 4 of 4
OFFICIAL STAMP
ASHLEY ADAMSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 1006483
MY COMMISSION EXPIRES NOVEMBER 22, 2024
AFFIDAVIT OF NON -RESPONSE
I' $t� c ..
�s> -A
;, , sui juris, the autographed witness of Claimant/Libellant, being of
maturity in age, competent ttq3tify, a self -realized entity, my yes be yes, my no be no, do state that the truth
and facts herein are of first hand personal knowledge, and I believe the statements and contents herein to be
true, correct, complete, commercially reasonable, in good faith, just, to the best of my knowledge, belief, and not
misleading, so help me God, I declare:
THAT, I was a witness to a contract on behalf of CYNTHIA ZWERLING—Vessel: Authorized Representative for
Cynthia Zwerling (Claimant/Libellant), namely, NOTICE OF LIABILITY FOR NON -CONSENT & INJURY,
sent by UNITED STATES POSTAL SERVICE Certified Mail on or by September 27. 2022:
THAT, I am a witness of any and all responses, or the lack thereof, on the part of the Respondents/Libellees,
named in the above contract titled NOTICE OF LIABILITY FOR NON -CONSENT & INJURY;
THAT as of today, I have not received any response from anyone or any one, in compliance with the above
documents titled NOTICE OF LIABILITY FOR NON -CONSENT & INJURY.
IN WITNESS WHEREOF, autographed at _0E2b16ADA_ , LI -hr on
��11,,�� [city] [state]
the�1! day of in the year Two Thousand and Twenty -Four.
A)
C
All Rights and Fq*A'edies Reserved
Witness #1 [print)
Before me, the undersigned notary public, this day, appeared pIto) 5 C A , to me known,
who being duly sworn according to law, deposes the preceding. , JJ—
Subscribed and sworn to before me this I! l� day of k r1lrA A 2024.
OFFICIAL STAMP
6 ASHLEY ADAMSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 1006483
MY COMMISSION EXPIRES NOVEMBER 22, 2024
NOTARY PUBLIQ//J��`� � My Commission Expires-
AFFIDAVIT OF NON —RESPONSE
1,54- \%° � tQct k>,n Nui funs, the autographed witness of Claimant/Libellant, being of majority in
age, competent to testify, self -realized entity, my yes be yes, my no be no, do state that the truth and facts
herein are of first hand personal knowledge, and I believe the statements and contents herein to be true,
correct, complete, commercially reasonable, in good faith, just, to the best of my knowledge, belief, and not
misleading, so help me God, I declare:
THAT, I was a witness to a contract on behalf of CYNTHIA ZWERLING—Vessel: Authorized Representative
for Cynthia Zwerling (Claimant/Libellant), namely, NOTICE OF LIABILITY FOR NON -CONSENT &
INJURY, sent by UNITED STATES POSTAL SERVICE Certified Mail on or by September 27, 2022;
THAT, I am a witness of any and all responses, or the lack thereof, on the part of the Respondents/Li bellees,
named in the above contract titled NOTICE OF LIABILITY FOR NON -CONSENT & INJURY;
THAT as of today, I have not received any response from anyone or any one, in compliance with the above
documents titled NOTICE OF LIABILITY FOR NON -CONSENT & INJURY.
IN WITNESS WHEREOF, autographed at .745/le "f iC on
[city] [state]
the G: day of C' / in the year Two Thousand and Twenty -Four
[day] [month]
Wit ss #2 [autograph] All Rig and Remedies Reserved
Witn s#2 print]
Before me, the undersigned notary public, this day, appeared '--nea, K�C9C#�i1 �y4kwJc me known, who
being duly sworn according to law, deposes the preceding.
Subscribed and sworn to before me this 10h day of 12024.
,jzF'OFFICIAL STAMP
` ASHLEY ADAMSON
NOTARY PUBLIC•OREGON
COMMISSION NO. 1006483
MY COMMISSION EXPIRES NOVEMBER 22, 2024
NOTARY PUBLIC/ I,-7 `�! _ My Commission
BILL OF LADING
Ship Danny Gregg
From:
Ship Sequoyah Walkingfeather
From:
Ship To: Derek Severson
Director of Planning, former Community
Development Director
c/o CITY OF ASHLAND
20 E. Main St.
Ashland
Oregon
[975201
United States of America
Carrier:
7022 0410 0000 8965 0558
1. Notarized copy of NOTICE OF DISHONOR AND IMMINENT LIABILITY FOR NON -CONSENT AND
INJURY, from Cynthia Zwerling —Vessel; Authorized Repre ntative for Cynthia Zwerling
[Claimant/Libellant name]
2. Notarized copy of AFFIDAVIT OF NON -RESPONSE, from_ lyinvS
3. Notarized copy of AFFIDAVIT OF NON -RESPONSE, from
#2 name]
4. A copy of this BILL OF LADING
Original autographed documents have been retained by the Claimant/Libellant.
For the purpose of verification, I, the autographed witness, do personally verify that the documents listed above
were placed in an env �j lope, s led, nd deposited at an official depository under the exclusive face and custody of
the carrier
�M
Witness (autograph) All Rigli ,j Re edies Reserved Date
l
(autograph) All Rights &,-Vmedies Reserved
®•:
IMW
PROCLAMATION
• The City Council of the City of Ashland recognizes that the Indigenous
Peoples of the lands (later known as the Americas) have lived on these
lands since time immemorial.
• The City Council honors the fact that the community of Ashland is built upon
the traditional homelands of the Takelma, Shasta and Klamath Basin Peoples
and affirms the legal rights of the nine federally recognized tribal nations in the
State of Oregon and in addition all Indigenous People here and everywhere.
• Indigenous Peoples' Day was first proposed in 1977 by a delegation of
Native Nations to the United Nations sponsored International Conference
on Discrimination Against Indigenous populations in the Americas.
• The City of Ashland is committed to protecting and advocating for justice,
human rights, and the dignity of all people who live, work and visit in
Ashland, and to supporting the principles contained in the United Nations
Declaration on the Rights of Indigenous Peoples (the "Declaration")
endorsed by the United States on December 16, 2010.
• The Declaration recognizes the right of Indigenous Peoples "to the dignity
and diversity of their cultures, traditions, histories and aspirations which
shall be appropriately reflected in education and public information," and
places an obligation on States to "take effective measures, in consultation
and cooperation with the Indigenous Peoples concerned, to combat
prejudice and eliminate discrimination and to promote tolerance,
understanding and good relations among Indigenous Peoples and all other
segments of society".
• On August 1, 2017, the Ashland City Council unanimously approved a
resolution establishing the second Monday in October as Indigenous
Peoples' Day as an opportunity for the community to reflect on the
ongoing struggles of Indigenous People of this land, to celebrate the
thriving cultures and values of the Indigenous Peoples of our region, and
to stand in solidarity with Indigenous Peoples everywhere
• Furthermore, the resolution encourages other businesses, organizations
and public institutions to recognize Indigenous Peoples' Day in Ashland
the second Monday of each October.
Ashland, hereby proclaim October 10, 2022 as:
"Indigenous Peoples' Day"
in the City of Ashland and encourage all residents, businesses, organizations and
public institutions to acknowledge, honor, value and celebrate Indigenous
Peoples' historic and current contributions locally and beyond, while also
recognizing the ongoing and interconnected struggles of all Indigenous
communities locally and beyond.
Signed this 4t" day of October 2022.
Julie s, Mayor
Melissa Huhtala, City Recorder