HomeMy WebLinkAbout2002-0718 Council Mtg PACKET
Council Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CITY OF
ASHLAND
is.
allf s
fOf'm I ~d t
inform you as toth
extent on the nature
the len{Jth of the ~liIendCi. .
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 16,2002 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of July 2,2002.
IV. SPECIAL PRESENTATIONS & AWARDS:
V. CONSENT AGENDA:
1, Minutes of Boards, Commissions and Committees.
2. Ashland Fiber Network Quarterly Report,
3, Annual Liquor License Blanket Approval.
4. Liquor License Application from Jason Edwards dba Los Gordos at 33 3rd Street, NO.3.
5. Liquor License Application from Aaren Glover dba Alchemical Solutions, LLC at 1090 Benson
Way, NO.1.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent
meeting)
(None)
VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number
of individuals wishing to speak.)
VIII. UNFINISHED BUSINESS:
(None)
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IX. NEW AND MISCELLANEOUS BUSINESS:
1, Water Reservoir Status Update.
2, Approval of Three Agreements with the Oregon Department of Transportation:
(a) Agreement No. 19017 - Traffic Signal Maintenance Agreement City of Ashland;
(b) Agreement No. 19489 - 2001 Oregon Transportation Initiative Act Agreement - Siskiyou
Boulevard at Lithia Way and E. Main Street; and,
(c) Agreement No, 19686 - Cooperative Improvement Agreement Helman - 2nd Street and
Valley View to 4th
ORDINANCES. RESOLUTIONS AND CONTRACTS:
1 . First reading by title only of "An Ordinance Modifying the Street Dedication Map of the
Ashland Comprehensive Plan for the Area Known as the Railroad Property between Clear
Creek Drive, Williamson Way, Mountain Avenue, and 'A'Street."
2, First reading by title only of "An Ordinance Amending Sections 4.34.050, 4,34.070, 4,34.110,
4.34.120, 4.34.130, and 4,34,140 of the Food and Beverage Tax Code of the City of Ashland
to Specify Application of Delinquent Payments, Clarify Appeals and Correct Errors,"
;?.J5o 2 ~ 3. Reading by title only of "A Resolution Authorizing Agreement No. 725 - Abandonment
-7---c{ Agreement Siskiyou Boulevard at Lithia Way and E, Main Street Rogue Valley Highway No.
63 (OR99) MP 19.52 to 19.46 (to the City) City of Ashland with the Oregon Department of
Transportation (ODOT)."
4. Reading by title only of "A Resolution amending the Pay Schedule for Management and
Confidential Employees for Fiscal Year 2002-2003."
5. Reading by title only of "A Resolution of the City of Ashland Clarifying Certain Conditions of
Employment for Management and Confidential Employees and Making Such Conditions
Consistent with the Federal Fair Labor Standards Act by Repealing Resolution No. 97-18,"
X.
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XI. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS:
XII. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Administrator's office at (541) 488-6002
(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35,102-
35.104 ADA Title I).
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CITY OF
ASHLAND
Council Communication
Title: First Reading of an ordinance entitled "An Ordinance Amending Sections 4.34.050,
4.34.070,4.34.110,4.34.120,4.34.130 and 4.34.140 of Food and Beverage Tax Code of
the City of Ashland to Specify Application of Delinquent Payments, Clarify Appeals and
Correct Errors."
Dept: Legal Department
Date: July 16, 2002
Submitted By: Paul Nolte V(?1
Approved By: Greg Scoles 71
Synopsis:
This ordinance amends the city's food and beverage tax code to clarify how payments are to be applied
when an operator is delinquent in remitting taxes. The ordinance also explicitly provides that returns will
not be considered as filed until they are actually received by the city. Other amendments clarify that
when an operator owes taxes for previous reporting periods, any payments received are to be applied
first to outstanding penalties and interest, then to delinquent taxes then to current taxes. Section 4.34.070
has been modified to limit the appeal rights of an operator to those situations where the operator has
failed to file a report thereby requiring the finance director to estimate the amount of taxes due. The
operator can then appeal the amount of the estimate to the council. Several other sections are amended
for "housekeeping" reasons to correct grammatical and other errors.
Recommendations:
Staffrecommends approval of the ordinance for first reading. Council may want to consider additional
suggestions for amendments set forth in the attached memorandum in paragraph 5.
Fiscal Impact:
No direct fiscal impact is anticipated should the proposed amendments be adopted. A savings in staff
time will result from the more efficient administration of the tax code if the amendments are adopted. A
direct fiscal impact will occur if council elects to increase operator remuneration as described in
paragraph 5 of the attached memorandum.
Background:
Additional information regarding these modifications can be found in the attached memorandum
previously sent to the council on June 26th.
G:\legal\PAUL\ORD\Food and Beverage Tax\food and beverage ordano 6-02 cc,wpd
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CITY OF
ASHLAND
Memo
DATE:
June 26, 2002
TO:
Mayor and City Council
FROM:
Paul Nolte
RE:
Revisions to the Food and Beverage Tax Code
Attached are revisions to the food and beverage tax code that will be proposed for the
July 16, 2002, council meeting. Because of the interest in these changes, I wanted to get them
into your hands and to interested operators as soon as possible. For your convenience I have
also attached the entire code chapter even though not all sections are proposed to be
modified.
1. Clarification of payment application when delinquencies exist. Section 4.34.050 has
been amended to provide that returns will not be considered as filed until they are actually
received by the city. Other amendments clarify that when an operator owes taxes for previous
reporting periods, any payments received are to be applied first to outstanding penalties and
interest, then to delinquent taxes then to the current taxes. This clarification is necessary to
avoid a problem where an operator is delinquent for several quarters and requests payments
be applied or divided among several different tax periods. Increased accounting and tracking
costs result from the creation of multiple accounts for one operator.
This section has also been amended to make it clearer when penalties and interest are due
for monthly reporting periods. Under section 4.34.050, the finance director has the authority to
move a chronically or significantly delinquent operator from a quarterly reporting period to a
monthly one.
2. A perspective on penalties. The penalty section (4.34.060) has not been modified.
Perhaps the greatest recent criticism has been focused on this section. To put penalties in
perspective, an analysis of the criminal vs. civil system may help.
Funds held by an operator are held in trust for the city. They are held in trust because the
operator collects the tax on behalf of the city from the restaurant customers. The operator is
paid to collect this tax from the customers. Failure to pay funds held in trust is a form of
LEGAL DEPARTMENT
20 East Main Street
Ashland, OR 97520
www.ashland.or.us
Tel: (541) 488-5350
Fax: (541) 488-5311
TTY: 800-735-2900
nOltep@.ashland.or,us stephens@ashland.or.us
r~'
Mayor and City Council
Page 2
June 26, 2002
embezzlement. Embezzlement is classified as theft under Oregon criminal law (ORS 164.015).
Depending on the amount illegally withheld, the theft is either a misdemeanor or a felony.
Failure to pay entrusted funds in an amount exceeding $750 is a class C felony (ORS
164.055). A class C felony is punishable by up to five years in prison and a maximum
$100,000 fine.
In contrast, the City has chosen, both legislatively and administratively, to treat the conversion
of entrusted funds as a civil matter. The code provides that failure to remit taxes when due is
to
"be deemed a debt owed by the operator to the city. . . Any person owing money to the
city under the provisions of this chapter shall be liable to an action brought in the name
of the City Of Ashland for the recovery of such amount." AMC 9 4.34.110.
This does not necessarily preclude the City from treating the conversion criminally, but it does
indicate that the City can also pursue its civil remedies through the judicial system.
Administratively, staff has attempted to enforce nonpayment of funds though civil, not criminal,
proceedings. By working with delinquent operators, developing payment plans, establishing
deadlines, etc., the City has treated these delinquencies as debts not crimes.
The code as currently written requires penalties to be assessed and collected. The civil
penalties under the tax code pale in comparison to the criminal code. For example, if an
operator fails to remit $2,000 of taxes collected in the restaurant, the maximum penalty is
$400. If prosecuted as a crime the maximum penalty is $100,000. These civil penalties are
neither excessive nor oppressive.
Should the council desire to modify penalties, one alternative to consider would be to consider
the elimination of penalties if favor of terminating utilities when an operator fails to remit taxes.
Additional details would need to be researched on this alternative but one scenario could be:
For any operator who fails to remit taxes in excess of $10,000 or for more than one reporting
period, notice of utility termination would be delivered to the operator. The operator would
have 72 hours to remit the taxes and interest or the utilities would be terminated.
3. Clarifying appeals. Section 4.34.070 has been modified to limit the appeal rights of an
operator to those situations where the operator has failed to file a report thereby requiring the
finance director to estimate the amount of taxes due. The operator can then appeal the
amount of the estimate to the council. If the operator files a report, but underpays the taxes,
the calculations are merely mathematical, and there is no reason to provide an appeal.
LEGAL DEPARTMENT
20 East Main Street
Ashland, OR 97520
www.ashland.or.us
Tel: (541) 488-5350
Fax: (541) 488-5311
TTY: 800-735-2900
noltep[1ilashland,or.us stephens[1ilashland.or.us
r4.'
Mayor and City Council
Page 3
June 26, 2002
4. Housekeeping amendments. Several sections are proposed to be amended to correct
grammatical and other errors.
5. Suggestions not incorporated into this draft. Several suggestions to modify the
ordinance have been made over the past several months. These suggestions remain open for
council consideration.
One suggestion was to increase operator remuneration from 5% to 10%. The council may
want to further consider this suggestion. The fiscal impact would diminish the amount available
for open space purchases and waste water treatment plant payments by about $75,000 per
year, or $600,000 over the remaining life of the ordinance.
Another suggestion would be to lower the interest rate on delinquent accounts from 1 % per
month to 9% per annum.
Attachments
G:\legal\PAUL\ORO\Food and Beverage Tax\food and beverage memo 6-2-02.wpd
LEGAL DEPARTMENT
20 East Main Street
Ashland, OR 97520
www.ashland.or.us
Tel: (541) 488-5350
Fax: (541) 488-5311
TTY: 800-735-2900
noltep@.ash1and,or,us stephens@.ashland,or.us
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 4.34.050, 4.34.070, 4.34.110,
4.34.120,4.34.130 AND 4.34.140 OF FOOD AND BEVERAGE TAX
CODE OF THE CITY OF ASHLAND TO SPECIFY APPLICATION OF
DELINQUENT PAYMENTS, CLARIFY APPEALS AND CORRECT
ERRORS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the code sections being modified.
Deletions are liMe! tRrougR and additions are underlined.
SECTION 1. Section 4.34.050 of the Ashland Municipal Code is amended to read:
SECTION 4.34.050 Reporting and remitting. On or after July 1, 1993, every
operator shall, on or before the 25th last day of the month following the end of
each calendar quarter (in the months of April, July, October and January), make
a return to the director, on forms provided by the City, specifying the total sales
subject to this chapter and the amount of tax collected under this chapter. At the
time the return is filed, the full amount of the tax collected shall be remitted to the
director. A return shall not be considered filed until it is actually received by the
director. Any oayment made under this section shall first be aoolied to any
delinquent taxes owed for orevious reoortinq oeriods. If the delinquent taxes
include oenalties or interest the oayment shall first be aoolied to oenalties then to
interest then to the underlyinq tax. The director may establish shorter reporting
periods for any operator if the administrator director deems it necessary in order
to insure collection of the tax and the administrator director may require further
information in the return relevant to payment of the liability. When a shorter
return period is required. oenalties and interest shall be com outed accordinq to
the shorter return oeriod. Returns and payments are due immediately upon
cessation of business for any reason. All taxes collected by operators pursuant
to this chapter shall be held in trust for the account of the City until payment is
made to the director. A separate trust bank account is not required in order to
comply with this provision. (Ord. 2716 S7, 1993)
SECTION 2. Section 4.34.070 of the Ashland Municipal Code is amended to read:
SECTION 4.34.070 Failure to Collect and Report Tax--Determination of Tax by
Director. If any operator should fail to keep adequate records or refuge to pay tl'le
tax imposed by tRig CRapter, or to make, within the time provided in this chapter,
any report and remittance of the tax or any portion required by this chapter, the
director shall proceed in such manner as deemed best to obtain facts and
information on which to base the estimate of tax due. As soon as the director
shall procure such facts and information as is able to be obtained, upon which to
base the assessment of any tax imposed by this chapter and payable by any
operator v..l'lo l'Ias failed or refused to collect tRe same and to make sueR report
1- Ordinance
G:\legal\PAUL\ORDlFcod and Beverage Tax\fcod and beverage ordano 6-02.wpd
and remittance, the administretor director shall proceed to determine and assess
against such operator the tax, interest and penalties provided for by this chapter.
In case such determination is made, the director shall give a notice of the
amount so assessed by having it served personally or by depositing it in the
United States mail, postage prepaid, addressed to the operator so assessed at
the last known place of address. Such operator may make an appeal of such
determinations as provideg in section 4.34.080. If no appeal is filed, the director's
determination is final and the amount thereby is immediately due and payable.
SECTION 3. Section 4.34.110 of the Ashland Municipal Code is amended to read:
SECTION 4.34.110 Actions to Collect. Any tax required to be paid by any
operator under the provisions of this chapter shall be deemed a debt owed by
the operator to the city. Any such tax collected by an operator which has not
been paid to the city shall be deemed a debt D'.lined to owed by the operator to
the city. Any person owing money to the city under the provisions of this chapter
shall be liable to an action brought in the name of the City Of Ashland for the
recovery of such amount.
SECTION 4. Section 4.34.120 of the Ashland Municipal Code is amended to read:
SECTION 4.34.120 Violations--Infractions. Any operator or other person who
fails or refuse~ to comply as required herein, or to furnish any return required to
be ~ made, or fails or refuse~ to furnish a supplemental return or other data
required by the director, or who renders a false or fraudulent return or claim, or
who fails, refuses or neglects to remit the tax to the city by the due date, is guilty
of an infraction and shall be punished as set forth in section 1.08.020 of the
Ashland Municipal Code.
SECTION 5. Section 4.34.130.C of the Ashland Municipal Code is amended to read:
SECTION 4.34.130 Confidentiality. Except as otherwise required by law, it shall
be unlawful for the city, any officer, employee or agent to divulge, release or
make known in any manner any financial information submitted or disclosed to
the city under the terms of this chapter. Nothing in this section shall prohibit:
A. The disclosure of the names and addresses of any person who are
operating a restaurant; or
B. The disclosure of general statistics in a form which would prevent the
identification of financial information regarding an individual operator; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction
in the prosecution of a claim by the Administrator director or an appeal form from
the city administrator director for amount due the city under this chapter.
SECTION 6. Section 4.34.140 of the Ashland Municipal Code is amended to read:
2- Ordinance
G:llegaIIPAULIORDlFood and Beverage Taxlfood and beverage ordano 6-02,wpd
SECTION 4.34.140 Examining Books, Records, or Persons. The city, for the
purpose of determining the correctness of any operator of a restaurant tax
return, or for the purpose of an estimate of taxes due, may examine or may
cause to be examined by an agent or representative designed desiqnated by it
for that purpose, any books, papers, records, or memoranda, including copies of
operator's state and federal income tax return, bearing upon the matter of the
operator's tax return.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
day of
,2002,
and duly PASSED and ADOPTED this day of
,2002.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2002.
Alan W. DeBoer, Mayor
3- Ordinance
G:llegaIIPAULIORDlFood and Beverage Taxlfood and beverage ordano 6-02.wpd
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CITY OF
ASHLAND
Council Communication
Synopsis:
Annual Liquor License Blanket Approval
City Recorder/Treasurer
~7-16-2002
Barbara Chnstensen
Greg Scoles q~
Annual approval of renewals on liquor licenses as requested by Oregon Liquor
Control Commission.
Title:
Dept:
Date:
Submitted By:
Approved By:
Recommendation:
Endorse the renewal applications with the following recommendation:
"The city has determined that the location of this business complies with the
city's land use requirements and that the applicant has a business license and has
registered as a restaurant, if applicable. The city council recommends that the
OLCC now proceed in the matter."
Fiscal Impact:
Required fee of $35 will be collected at time of renewal.
Background:
There are approximately 90 applications that will need to be renewed between June
and September 2002. Each requires an approval signature along with a $35.00
renewal fee. Each application will have been reviewed to prove that they meet the
city ordinance requirements for business licenses, registered as a restaurant, and
filed for city's food and beverage tax, if applicable.
CITY OF
ASHLAND
Council Communication
Title:
Liquor Licence Applications from:
Jason Edwards dba Los Gordos at 33 3rd Street #3
City Recorder/Treasurer
ILtl 7/16/02
r f'-/Barbara Christensen
Greg Scoles tj.(
Dept:
Date:
Submitted By:
Approved By:
Synopsis:
Application process of Oregon Liquor License as provided by OLCC.
Recommendation:
Endorse the application with the following recommendation:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC now proceed in the matter.
Background Information:
Application is for liquor license for a new establishment at 33 3rd Street #3.
The City has determined that the license application review by the city is set forth in AMC Ch. 6.32
which requires that a determination be made to determine if the applicant complies with the city's land
use, business license and restaurant registration requirements (AMC Ch. 6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
. _.._.~_~~d_,_'""'~.~"_',__ '_"'___'_
CITY OF
ASHLAND
Council Communication
Title:
Liquor Licence Applications from:
Aaren Glover dba Alchemical Solutions, LLC at 1090 Benson Way # I
City Recorder/Treasurer
7/16/02
~arbara Christensen
Greg Scoles ~
Dept:
Date:
Submitted By:
Approved By:
Synopsis:
Application process of Oregon Liquor License as provided by OLCe.
Recommendation:
Endorse the application with the following recommendation:
The city has determined that the location ofthis business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC now proceed in the matter.
Background Information:
Application is for liquor license for a new distillery establishment at 1090 Benson Way #1.
The City has determined that the license application review by the city is set forth in AMC Ch. 6.32
which requires that a determination be made to determine if the applicant complies with the city's land
use, business license and restaurant registration requirements (AMC Ch. 6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
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June 28, 2002
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CITY OF
ASHLAND
Re: STRAWBERRY LID PROJECT - FINAL PLANS AND PROJECT UPDATE
Dear Strawberry Neighbors,
The final (95%) plans have been delivered to the Engineering Office and are now available for your review,
Jim has received many letters, notes and phone calls about driveway movements and subtle changes to the
original design. The most noticeable changes are in the width of sidewalks along Scenic and upper Nutley
above Alnutt ~ both of which are now 3 feet wide instead of the 4 foot standard, Staff recommended and
retained the 4 foot sections on the one-way streets, The sidewalk on upper Nutley stops midway along the
Zoline property so that all of the trees could be retained without impacts. This affects only two other
driveways and should not negatively impact pedestrians accessing that area,
There are a couple of changes to the Wright and Reid properties that should be more acceptable, Jim has
submitted separate letters on both of those changes, The mailbox relocation has not been fully determined
and staff is still talking with the Post Office for their input.
Our office has received several questions with regard to timing of the "next" Council meeting, I have to
admit that I needed to look this up in my Council staff report and in the Council minutes, The current "final"
design meets the in,tent of Council to maintain sidewalks with some flexibility on staff s part to narrow the
sidewalks in certain acceptable locations to meet topographic or engineering needs, With all of the input
from neighbors, both individually and in groups, we (Jim, the design engineers, and I) feel that we have meet
the requests for needed changes. Unless there is a real desire to go back to Council to make significant
changes to the final design or unless Council requests time for additional comments, staff does not intend to
take this to Council for final approval. There was no mention of an additional meeting in the Council
meeting minutes (May 21,2002) or staff report, If this interpretation is incorrect or if any of you have a need
for additional significant changes, please let me know,
You are welcome to view the design in the engineering office (27 Yz East Main Street) and there is still a
little time to make subtle changes, We will finalize all of the comments by July 15th. The project should be
ready to bid by the end of July, We anticipate at least completing all of the storm drain work and as weather
permits, we will be able to complete significant portions of the concrete work this calendar year. At this time
it is likely that the paving will not happen until next spring after April 2003,
[fyou have questions, please contact me at 552-241], Jim Olson will be back in the office on July 8th and
will be able to address questions at that time.
Sin~
e C Brown, PE
Public Works Director I City Engineer
~ Cc:
Mayor and Council Members
Jim Olson
PUBLIC WORKS DEPARTMENT Tel: 541-488-5587
20 E. Main Street Fax: 541-488-6006
Ashland. Oregon 97520 TTY: 800-735-2900
WNW.ashland.or.us
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Water Use Comparison
July 2000, 2001 Be. 2002
Average July Use
2002 2001 2000
5.81 5.58 6.13
12.0
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@)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
date
- 2002 use - 2001 use
- - - 2002 in-flow - 2000 use
into Reeder
+ 2001 in flow into Reeder
@) 2002 rain day
inches
Water Use and
Temperature Comparison
July 2001
Average July
water use temp
5.58 87.4
7.0
100
90
80
70
60
50
40
30
20
10
o
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- 2001 use
date
- high temperature
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,
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Water Use and
Temperature Comparison
July 2002
Average July (to date)
water use temp
5.81 89.9
7.0
3.0
2.0
1.0
0.0
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
date
- 2002 use
- high temperature
~ rain day
2002 Reeder Reservoir Levels
(percent full)
. ~ _ Projected Levels
- - .
Minimum desirable level 35%
Minimum allowable level 20%
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60
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Water Use and
Temperature Comparison
July 2000
Average July
water use temp
6.13 84.5
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
date
- 2000 use
- high temperature
..... rain day
. -+-+-~...^,..~..,._- ..".~.~.__._._..._-,-.._----..._..._,--_.<.,.-...........~_...,-~,_.>"--~, "-,--"'.._.,_... ._-
100
90
80
70
60
50
40
30
20
10
o
CITY OF
ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
First Reading of an Ordinance Modifying the Street Dedication Map of the Ashland
Comprehensive Plan for the Area Known as the Railroad Property between Clear Creek
Drive, Williamson Way, Mountain Avenue, and "A" Street.
Department of Community Development
Planning Division
July 16, 2002 !/11l\
John McLaughlin, Director ofCo~nity Developme~
Greg Scoles, City Administrator ,p.
On May 14, 2002, the Planning Commission held a public hearing on the adoption of the
proposed street dedication map modification. The Commission unanimously approved
the map modification. On June 11,2002 the Commission unanimously adopted the
findings supporting their decision. The Land Use Ordinance provides that the Planning
Commission is the final decision making body regarding map amendments, unless the
decision is appealed to the City Council. No appeal has been filed, and the appeal period
has expired. To finalize the process, however, the City Council must approve the
ordinance adopting the modification of the official Street Dedication Map. No public
hearing at the Council level is required.
Staff recommends that the Council approve first reading of the attached ordinance.
None
The findings, minutes, and staff report outlining the proposed map modifications are
attached.
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BEFORE THE PLANNING COMMISSION
June 11, 2002
IN THE MATTER OF PLANNING ACTION #2002-058, REQUEST FOR
AMENDMENTS TO THE CITY OF ASHLAND TRANSPORTATION PLAN
MAP. THE AMENDMENT INCLUDES THE LOCATION OF FUTURE
STREET DEDICATIONS BETWEEN CLEAR CREEEK DRIVE AND NORTH }
MOUNTAIN AVENUE, AND BETWEEN ROGUE PLACE, WILLIAMSON WAY,}
STARFLOWER LANE AND A STREET. }
}
APPLICANT: City of Ashland )
FINDINGS,
CONCLUSIONS
AND ORDERS
--------------------------------------------------------
RECITALS:
1} The property involved is situated between the railroad tracks and
Hersey Street, between Oak Street and North Mountain Avenue. Tax lot
3507 of 391E 04DC is located at 401 williamson Way and is zoned E-1;
Employment; and tax lots 1100, 1200, 1300, 1400, and 1500 of 391E 09AA
are located at 271 North Mountain Avenue, 263 North Mountain Avenue,
243 North Mountain Avenue, 219 North Mountain Avenue and 203 North
Mountain Avenue respectively and are zoned R-1; Single-Family
Residential; and tax lots 6400, 6401 and 6700 of 391E 09AB are located
south of Rogue Place and are zoned E-lj Employment.
2} The applicant is requesting an amendment to the Transportation Plan
Map of the Ashland Comprehensive Plan, modifying the future street
dedications between Clear Creek Drive and North Mountain Avenue, and
between Rogue Place, Wiliamson Way, Starflower Lane and A Street. Site
improvements are outlined on the plans on file at the Department of
Community Development.
3} The criteria for a Type III amendment are described in chapter
18.108 as follows:
Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure and may be approved if in compliance
with the comprehensive plan and if one of the following conditions
exist:
a. A public need, supported by the Comprehensive Plan.
b. The need to correct mistakes.
c. The need to adjust to new conditions.
d. Where circumstances relating to the general public welfare
require such an action.
4} The Planning Commission, following proper public notice, held a
Public Hearing on May 14, 2002, at which time testimony was received
and exhibits were presented. The Planning Commission approved the
application as presented.
Now, therefore, The planning Commission of the City of Ashland
finds, concludes and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached
index of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "s"
Proponent I s Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
"Mil
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all
information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits received.
2.2 The Planning Commission finds that the proposal to amend the
Transportation Plan Map of the Ashland Comprehensive Plan is
necessary due to a public need supported by the Comprehensive plan
as outlined under 18.l08.060.B.
2.3 The Planning Commission finds that the Transportation Plan
Map needs to be updated in accordance with Street System Policy 34
to implement Street System Policy 6 and 32 of the Transportation
Element of the Comprehensive Plan and the Street Connectivity
Approval Standards of the Ashland Street Standards.
Street System Policy 34
Street dedications shall be required as a condition of land
development. A future street dedication map shall be adopted and
implemented as part of the Land Use Ordinance.
Street System Policy 6
Encourage a connected street network pattern, as topography
allows, to promote pedestrian and bicycle travel. Off-street
pathways should be connected to the street network. Block
perimeters should be 1,200 to 1,600 feet and the distance between
streets should be a maximum of 300 to 400 feet.
Street System Policy 32
Interconnections between residential neighborhoods shall be
encouraged for automobile, pedestrians and bicycle traffic, but
non-local traffic shall be discouraged through street design,
except for boulevards, avenues, and neighborhood collectors.
Cul-de-sac or dead-end street designs shall be discouraged
whenever an interconnection alternative exists. Development of a
modified grid street pattern shall be encouraged for connecting
new and existing neighborhoods during subdivisions, partitions,
and through the use of the Street Dedication Map.
2.4 The Planning Commission finds that street connections
between Clear Creek Drive and North Mountain Avenue, and between
Rouge Place, Williamson Way, Starflower Lane and A Street are
necessary to form the basis for grid street. The Planning
Commission finds that the modified-grid street pattern provides
for a more efficient, convenient transportation network by
facilitating pedestrian, bicycle and public transit trips and
provides needed alternatives for emergency service vehicles.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
Planning Commission concludes that the proposed amendment to the Street
Dedication map of the Ashland Comprehensive Plan, modifying the future
street dedications between Clear Creek Drive and North Mountain Avenue,
and between Rogue Place, Wiliamson Way, Starflower Lane and A Street is
supported by evidence in the record and necessary to address a public
need supported by the Comprehensive Plan.
Therefore, based on our overall conclusions, and upon the proposal
being subject to each of the following conditions, we approve Planning
Action #2002-058.
~/t0;)-
, Date
STAFF REPORT
PLANNING ACTION 2002.058
REQUEST FOR AMENDMENTS TO THE CITY OF ASHLAND TRANSPORTATION PLAN MAP. THE AMENDMENT INVOLVES THE
LOCATION OF FUTURE STREET DEDICATIONS (EXTENSIONS) BETWEEN CLEAR CREEK DRIVE AND\NORTH MOUNTAIN
AVENUE, AND ROGUE PLACE, WILlIAMSON WAY, STARFLOWER LANE AND A STREET.
APPLICANT: CITY OF ASHLAND
Harris stated the amendment is to the Transportation Plan Map that is part of the Comprehensive Plan. The Transportation
Plan Map includes future street dedications in areas that are undeveloped, The purpose of the street dedication is to show when
the area is developed and where the major connections will be. Oftentimes, the locations on the map are not exactly how they
will look on the ground. It is somewhat conceptual in nature, When the map is adopted it doesn't mean the street will happen.
The only thing that will make the street happen is if a properly owner chooses to develop a properly and at that time a street
would be required.
In the Railroad properly, we are seeing more development occurring and it seemed like a good time to get our housekeeping in
order and get the map taken care of. There is a policy in the Transportation Element that requires the street dedication map to
be updated, The first part of the development of the Railroad properly is near Oak Street. A condition was put on the
remainder of the properly that it is to be cleaned up to residential standards before it is developed. It is Staff understands, this
cleanup plan is in place at DEQ. It is looking like there will be some development pressure in the near future.
Harris referred to the existing Street Dedication map and the proposed map included in the packet. There is one change on the
proposed map. It is the piece going to the 90-degree comer of Williamson Way. This area will be an alley, The map came
from the Railroad Master Plan. They did a lot of work with the properly owners as to how the connections would work best
for everyone,
They are trying to get the east/west connection from Mountain Avenue to Oak Street, with a secondary connection through a
residential neighborhood. There is an east/west truck route. They want a couple of north/south connections from Rogue Place
to the Fourth Street dedication. All the goals and policies call for an inner connected street network. This properly is
somewhat constrained because it is developed largely around the periphery so it is not easy to fmd places to get streets and
alleys through. They are trying to balance getting neighborhood connection into and out of the area too, They also want street
connections that make the commercial area viable and still have adequate transportation,
Staff believes this plan meets the criteria of a public need supported by the Comprehensive Plan. They are outlined in the Staff
Report,
The Planning Commission is the fmal decision-making authority in this action. Staff is recommending adoption of the street
dedication modifications tonight.
Swales wondered if the truck route junctions could be straightened out some. Harris said the area around this is the most
intense and the street might be narrower with more activity. She said when the area is developed, the plan will be refined. The
truck route is not designed to be a through route. Molnar said the city has a lot of flexibility to modify the streets to
accommodate other parts of the street plan.
Swales wondered if there were any plans to have another crossing over the railroad for bike and pedestrian. Harris said it is her
understanding that getting one would be feasible but a challenge. At this point they are looking at abandoning that crossing.
Gardiner read RON SUTPHIN'S (40 I Williamson Way) comments into the record.
MERA GAGNON, 466 Williamson Way, said at prior meetings she and other neighbors raised concerns about the willow
trees, the creek, birds and riparian area. It seems the street is going right through it. There was tremendous input and it's seems
their comments have been totally ignored. She is also concerned about the truck route and whether the trucks will go through
her neighborhood, Will the trucks be pick-ups, vans, or semi's travelling this route? How much noise and pollution will be
generated in the residential neighborhood? She speaks for others on Williamson Way,
Gardiner responded that there will be the same trucks that are now using Hersey Street making deliveries, They will probably
not use the neighborhood to drive through, but the truck route from Oak,
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 14,2002
3
Molnar said they are not proposing cutting into riparian area, but following it.
COMMISSIONERS' DISCUSSION AND MOTION
KenCairn moved to approve the proposed street dedication as part of the Ashland Transportation Plan. The motion was
seconded and carried unanimously.
ADJOURNMENT - The meeting was adjourned at 8:30 p.m.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 14, 2002
4
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
May 14, 2002
PLANNING ACTION: 2002-058
APPLICANT: City of AsWand
LOCATION: Area situated north of A Street and south of Hersey, between Oak Street and
North Mountain Avenue
ZONE DESIGNATION: E-l; R-I-5; R-I-3,5; R-2
COMPREHENSIVE PLAN DESIGNATION: Employment; Single-Family Residential:
Suburban Residential District; Low-Density Multiple-Family Residential District
ORDINANCE REFERENCE:
18.108.060 - Type III Procedure - Map Amendment
REQUEST: Amendment to the City of AsWand Transportation Plan Map regarding the location
of future street dedications between Clear Creek Drive and North Mountain Avenue, and Rogue
Place, Williamson Way, Starflower Lane and A Street.
I. Relevant Facts
Background - History of Application:
In 2000, the City of AsWand Planning Department received a grant to develop a
transportation and land use plan for the area north of A Street and south of Hersey
Street, between Oak Street and North Mountain Avenue, commonly referred to as
the railroad property. Subsequently, Lennertz Coyle and Associates were hired by
the City to develop the draft plan. In December 2000 and March 2001, a series of
"charrettes" were held involving residents, property owners, local elected and
appointed officials, and state and local government agencies. The result of this
public process is the draft AsWand Railroad Property Miaster Plan, June 2001.
The draft plan includes conceptual drawings for various segments of the area,
zoning recommendations and a street network plan. The street network plan was
based on meeting with owners of property with development potential, concerns
of residents, the City of Ashland's Street Connectivity Approval Standards, the
existing Transportation Plan Map and the goals and policies of the Transportation
Element of the Ashland Comprehensive Plan,
In 1995, the existing Transportation Plan Map was revised to include a bikeway
Planning Application 2002-058
Applicant: City of Ashland
Ashland Planning Department Staff Report
Page I
system. In 1994, the map was revised to include future street dedications between
Fordyce Street and Evan Lane, Mill Pond Road and Romeo Drive, and the
extension of Orchid Street north to the Munson Street extension, In 1992, the
map was amended to delete a section of the street dedication of Forest Street west
to Weller Lane, and was replaced with a street dedication from Forest Street
running south and the west to the southern end of Weller Lane, In 1985, the
Transportation Plan Map was revised to include future street dedications, In
1980, the Transportation Plan Map was developed in conjunction with the
Ashland Comprehensive Plan.
II. Proiect ImDact
In December 1996, the City Council adopted the updated Transportation Element of the
Comprehensive Plan. The following policies from the Transportation Element require
interconnected streets and planning for future streets in undeveloped areas.
Street System Policy 6
"Encourage a connected street network pattern, as topography allows, to promote
pedestrian and bicycle travel. Off-street pathways should be connected to the street
network. Block perimeters should be 1,200 to 1,600 feet and the distance between streets
should be a maximum of 300 to 400 feet."
Street System Policy 32
"Interconnections between residential neighborhoods shall be encouraged for automobile,
pedestrians and bicycle traffic, but non-local traffic shall be discouraged through street
design, except for boulevards, avenues, and neighborhood collectors. Cul-de-sac or dead-
end street designs shall be discouraged whenever an interconnection alternative exists,
Development of a modified grid street pattern shall be encouraged for connecting new
and existing neighborhoods during subdivisions, partitions, and through the use of the
Street Dedication Map."
Street System Policy 34
"Street dedications shall be required as a condition of land development. A future street
dedication map shall be adopted and implemented as part of the Land Use Ordinance,"
The first two policies are the basis for the Street Connectivity Approval Standards
included in the adopted Ashland Street Standards, which were adopted by the City
Council in March 1999. The Street Connectivity Approval Standards have guided Staffs
review of planning actions in regard to the proposed street patterns, However, Staff
believes that to provide a consistent review of future actions in the area, the street
dedications on the Transportation Plan Map should be modified as required in Street
System Policy 34.
Planning Application 2002-058
Applicant: City of Ashland
Ashland Planning Department Staff Report
Page 2
When work began on the draft Railroad Property Master Plan, it became clear that
designing an interconnected street system and meeting concerns of property owners,
neighbors and concerned citizens would be a challenge. The E-1 portion of the area
contains one third of the City's supply ofvacantJpartially vacant Employment land that
will accommodate future commercial/light industrial uses, At the same time, the area is
somewhat constrained because the periphery is largely developed, while the interior area,
approximately 24 acres in size, is vacant. Additionally, while most of the area is zoned
E-1, the north comer at Hersey Street and North Mountain Avenue and the edge east of
the drainage along North Mountain are residentially zoned areas. The parcels fronting on
North Mountain Avenue between the railroad tracks and the subdivision at the comer of
Hersey and Mountain are long, narrow lots with residences near the front and developable
property at the rear.
Careful study was undertaken to understand the transportation implications of new
development in the area on the immediate area, surrounding neighborhoods and
community, The goals of the proposed street network are 1) to connect the new
commercial area to the surrounding neighborhoods, 2) to provide a connection between
Oak Street and North Mountain Boulevard, 3) to provide block sizes that are small
enough to allow convenient pedestrian circulation and 4) to provide block sizes that area
large enough to accommodate commercial and light industrial land uses.
The proposed street network provides access to the commercial area from Oak Street,
Hersey Street, North Mountain Avenue and A Street, The northern portion of the new
east/west street connecting Clear Creek Drive to North Mountain Avenue will function as
a new parallel route to Hersey and A Streets. This street has also been designed to
provide truck access to the area, The Fourth Street crossing of the railroad tracks will
provide a connection with the Railroad District. The street shown surrounding the
drainage on the eastern side of the area have been located to be consistent with the
"Preserving Natural Features" Street Connectivity Approval Standard.
III. Procedural- Required Burden of Proof
The criteria for approval of a Type III amendment are as follows:
Zone changes, zoning map amendments and comprehensive plan map changes subject to
the Type III procedure and may be approved if in compliance with the comprehensive
plan and if one of the following conditions exist:
a. A public need, supported by the Comprehensive Plan.
b. The need to correct mistakes.
c. The need to adjust to new conditions.
d Where circumstances relating to the general public welfare require such an
action.
Planning Application 2002-058
Applicant: City of Ashland
Ashland Planning Department Staff Report
Page 3
In Staff's opinion, the proposed map amendment is supported by a public need, supported
by the Comprehensive Plan. Specifically, Street System Policies 6 and 32 of the
Transportation Element encourage street networks to be laid out in a grid network,
providing interconnected streets and multiple travel route options, Streets laid out in this
manner meet the public need as stated in the Street System Goal of the Transportation
Element - "To provide all citizens with safe and convenient transportation while
reinforcing the recognition of public rights-of-way as critical public spaces." The
interconnected street network required by Street System Policies 6 and 32 is implemented
through the Street Connectivity Approval Standards and as required in Street System
Policy 34, by the street dedications shown on the Transportation Plan Map.
IV. Conclusions and Recommendations
Staff believes the modification to the Street Dedication Map (Transportation Plan Map)
will result ultimately in an interconnected street network that is essential to adequate
transportation in the neighborhood and viability of the commercial area. Staff
recommends adoption of the proposed amendment to the Transportation Plan Map,
Planning Application 2002-058
Applicant: City of Ashland
Ashland Planning Department Staff Report
Page 4
ORDINANCE NO,
AN ORDINANCE MODIFYING THE STREET DEDICATION MAP OF
THE ASHLAND COMPREHENSIVE PLAN FOR THE AREA KNOWN
AS THE RAILROAD PROPERTY BETWEEN CLEAR CREEK DRIVE,
WILLIAMSON WAY, MOUNTAIN AVENUE, AND "A" STREET.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
The Street Dedication Map of the Ashland Comprehensive Plan is modified for the area
known as the Railroad Property between Clear Creek Drive, Williamson Way, Mountain
Avenue, and "An Street, as indicated on attached Exhibit "A",
The foregoing ordinance was first read on the 2nd day of July, 2002,
and duly PASSED and ADOPTED this _ day of
,2002.
Barbara M, Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2002,
Alan W. DeBoer, Mayor
R~
Paul Nolte, City Attorney
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:ill5
ea)ll} Wi . Cl SUB510faRY OF MClGROTH,InC.
aJ/I't- ..()/:JuR.,t, QAh1iuLd, OlWfJtJn 975Ze
Paul Nolte
City Attorney
20 East Main Street
Ashland, Oregon 97520
(5't1) ~8Z-1135
Dear Paul.,
As per our recent conversation, here is our proposed payment plan for our delinquent
meals tax and proposed changes in the ordinance.
First, Ordinance changes.
1. Monthly rather than quarterly payments
2, 10% rather than 5% operator remuneration
3. No up front penalty for late payment
4. Regular statements from the Finance Dl:[1artment in an easily readable format
5. Notice from the City to new restaurants about the Meals Tax
6, Affordable payment plan for delinquent accounts, offering up to one year to bring
account current. The interest rate should be 9% which is the maximum allowed by
State Law unless an ordinance specifies otheIWise.
7. In the event of death or disability of a restaurant owner, the City will act in a caring,
compassionate manner in collecting delinquent taxes.
8. Collection of delinquent accounts would be a finance department task. Collection
should become a Legal Department task only if the delinquent account makes no
effort to pay for at least three months following the signing ofthe promissory note.
9. These ordinance changes should be retroactive to January 1, 2001.
A brief outline of reasoning for these ordinance changes:
Monthly payments and an increased operator remuneration will be a benefit to both the
City and restaurant operators,
Penalty for late payment on State Withholding Taxes is 5% plus interest.
There is no penalty for late payment of Real Estate Taxes, just interest added to the
account.
Decreasing or eliminating the penalty for late payment would bring the City more into
line with how other government agencies handle delinquent tax payments.
I n our case, Kathleen's disability which was the result of a serious inj ury that occurred in
early March was the primary reason for our delinquency,
In light of current economic conditions, many government agencies at all levels are
seeking ways to assist businesses of all sizes. These proposed changes, as a package,
would be an indication that the City of Ashland wants to help local restaurants survive
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.,
Our Plan for Repayment:
The penalties should be eliminated,
This could be the City's way of acknowledging and mitigating it's error in terms of
serving with an incorrect amount on the initial summons.
We will sign a promissory note for the amount unpaid taxes which includes a balance
from the fourth quarter of 2000 and all of the first quarter of 200 1. We will make regular
equal monthly payments including interest of9% beginning January 1,2002.
We will continue to search for funding to pay this off as soon as possible. As you are
aware, we are attempting to sell certain real estate assets, but as yet have not found a
buyer.'
We trust that we can work in a collaborative manner with the City in this matter. We are
extremely sorry that we are in this position.
Sincerely,
Ronald E. Roth
Kathleen MacMichael
cc: Judy Uherbelau, Attorney at Law
Alan DeBoer, Mayor of Ashland
Ann Seltzer, Communications Director, City of Ashland
CITY OF
ASHLAND
Council Communication
Title:
Reading by title only of "A Resolution Amending the Pay Schedule for
Management and Confidential Employees for Fiscal Year 02/03" and "A
Resolution of the City of Ashland Clarifying Certain Conditions of Employment
for Management and Confidential Employees and Making Such Conditions
Consistent with the Federal Fair Labor Standards Act by Repealing Resolution
No. 97-18."
Administration
July 16,2002 /)1
Greg Scoles, City Administrator~'
Paul Nolte, City Attomey ~
Dept:
Date:
Submitted By:
Reviewed By:
Synopsis:
The first resolution would adjust the pay schedule for the Management Team, Division Supervisors,
Mid-Level Supervisors, Confidential Employees, City Recorder and Municipal Judge, This adjustment
would be commensurate with the adjustments granted by contract to the city's five bargaining units,
which represent the remaining employees. The second resolution updates the management resolution by
requiring a contribution by management employees toward their health benefits, among other things.
Recommendation:
S~affrecommends the adoption of the attached resolutions, which provides for a 2.5% adjustment for
management, a 3,0% adjustment for mid-managers/supervisory staff and a 3.5% adjustment for
confidential employees.
Fiscal Impact:
A 3.0% increase was included in the approved 2002/2003 Budget in anticipation of this adjustment.
Background:
The city has entered into multi-year contracts with the various bargaining units, The City is currently
negotiating with the IBEW Union. Most of these contracts call for a minimum adjustment based on the
Consumer Price Index. Adjustments, per union agreements, will range between 3,0% - 4.5%. There are
approximately 45 employees within the management, supervisory or confidential classification, Labor
groups do not represent these employees, The City Recorder and Municipal Judge are covered by a
provision in the city charter, which links their salaries to the"" ,average salary adjustment of the other
supervisory employees and department heads..." (Article III.3,), In this case a weighted average would
be equal to 2.8%. The Consumer Price Index (CPI) has averaged around 1.3% during the last year and
adjustments for represented employees averaged over 3,0%.
In the past the council has determined that it is important to maintain reasonable salary differentials
between organized employees and the supervisory/management staff, Furthermore the council has
determined it is important that the city maintain a pay schedule that is competitive,
r.,
The changes to the management resolution will require a contribution by management employees to
their health benefits (5% of the premium), clarify retiree health benefits, increase the deferred
compensation match by $15.00, among other housekeeping items,
r~'
RESOLUTION NO.
A RESOLUTION AMENDING THE PAY SCHEDULE FOR
MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR
FISCAL YEAR 2002-2003.
RECITALS:
1. The average wage adjustment for Fiscal Year 2002/03 for the five City labor
unions is between 3,0 and 4,5 percent.
2. It is important to maintain salary differentials and avoid compression between
represented employees and the Management/Supervisory/Confidential staff. It is
also the desire of the City to maintain its management and confidential play plan
at a level commensurate with other jurisdictions when recruiting for these
positions.
3. The adopted budget for Fiscal Year 2002/03 anticipates a 3.0 percent cost of
living adjustment for Management/Supervisory and Confidential employees,
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The pay schedule is hereby modified by 2,5 percent for Management, 3,0
percent for Mid-Management/Supervisory and 3.5 percent for Confidential employees
effective July 1, 2002.
SECTION 2. The salary of the Municipal Judge and the City Recorder shall be adjusted
by 2,8 percent, which is the weighted average of the adjustments made for Department
Heads and Supervisors,
SECTION 3, This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Sec,
2,04,090 duly PASSED and ADOPTED this _ day of , 2002,
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2002.
Alan W. DeBoer, Mayor
~.
Paul Nolte, City Attorney
G:franlresolution\Pay schedule amend Mgt-Conf.2002
RESOLUTION NO. 9+43 02-_
A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS
OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND
MAKING SUCH CONDITIONS CONSISTENT WITH THE FEDERAL FAIR LABOR
STANDARDS ACT BY REPEALING RESOLUTION NO, 97-18.
Recitals:
A. The City of Ashland has negotiated collective bargaining agreements with all
employees who are members of labor unions;
B. The management and confidential employees of the city are not an organized group
for the purpose of collectively negotiating the terms and conditions of their
employment; and
C. It is in the best interest of the city and efficient and effective government to clearly
set forth the city's expectations for the performance of its management and
confidential employees;
The mayor and council resolve as follows:
1. ScoDe of Resolution, Resolution No. W-J.7- 97-18 is repealed, This 4-W+- 2002
resolution shall apply to all management and confidential employees of the City of
Ashland as set forth in Appendix "A", dated April 1 QQ7 June 2002. Where the term
"employee" is used, it shall mean regular full-time employees and probationary
employees as defined in section 0 and Appendix A. This resolution does not apply to
any employee who is a member of any collective bargaining unit.
2, Definitions.
2.1. Confidential emplovee. As defined in ORS 243,650(6), a confidential employee
is one who assists and acts in a confidential capacity to a person who
formulates, determines, and effectuates management policies in the area of
collective bargaining, Confidential employees are paid hourly for work
performed and they are subject to payment for overtime according to the
Fair Labor Standards Act. Confidential employee includes those classifications
in Appendix "A" under "Confidential."
2.2. Department head. A person directly responsible to the city administrator, mayor
or city council for the administration of a department. Department heads are
exempt from overtime payment. Department heads include those '
Management classifications in Appendix "A" under "Department heads."
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2,3 Division Supervisor. A person directly responsible to a department head or
the City Administrator for the operational functions of a city department or
division, Division supervisors are exempt from overtime payment. Division
supervisors include those Management classifications in Appendix "A"
under "division supervisors,"
2.4 Mid-Level Supervisor. A person reporting to a division supervisor or
department head who may receive overtime payment for work outside their
normal scope and duties, Mid-level supervisory positions require
autonomy, independent decision making, planning, and may provide
supervision to other personnel.
~ 2,5 Emplovee. A person in any of the classifications listed in Appendix "A" who has
completed the probationary period.
M 2,6 Manaaement or Manaaer. Those classifications included in Appendix "A" under
the title "Management" including Department heads, Division Managers and
Mid-Level Managers,
~ 2.7 Probationarv Emplovee, A person appointed to a regular position but who has
not completed a probationary period during which the employee is required to
demonstrate fitness for the position by actual performance of the duties of the
position,
U 2.8 Supervisor. Any person responsible to a higher divisional or departmental level
authority who directs the work of others and who is not in a collective bargaining
unit.
3. Purpose. The purpose of this resolution is set forth generally in the preamble. More
specifically, the resolution has three fundamental purposes:
3.1. To clearly establish which classifications in the city service are management or
confidential.
3.2. To clearly set forth the functions of management and to establish criteria for the
evaluation of managerial performance,
3,3. To establish the personnel policies governing the conditions of employment of
management and confidential employees,
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4. Manaaerial Performance.
4.1. Goal SettinQ. Basic goals for the City of Ashland are set by the mayor and city
council. Resources for achieving those goals are provided via the annual
budget. Operational goals and short range objectives are set by the city
administrator working with department heads, The single most important factor in
achieving the goals of the City of Ashland is the performance of the city's
managers.
4.2. Manaaerial Responsibilities. Each of the city's managers at a minimum have the
following responsibilities:
4.2.1. Getting the job done properly and on time,
4.2.2. Keeping the workplace safe and healthy,
4,2,3, Encouraging team work and cooperation among employees and
departments,
4.2.4. Developing employee skills,
4.2.5. Keeping records and making reports, and
4.2.6, Actively promoting affirmative action at all levels,
4,3, General Expectations ReQardinQ Manaaement Employees. In addition to the
specific performance standards mentioned above, there are also general city
expectations of its managers.
4.3.1. Job Commitment. All management employees are expected to have a
high degree of commitment to the City of Ashland and to their jobs, When
a new manager is hired, the city expects a commitment of continued
service of at least three years unless unforeseen circumstances warrant
earlier resignation or termination.
Management employees are expected to devote whatever hours are
necessary for the accomplishment of their duties as part of their normal
work week. Overtime will only be paid as set forth in section O.
Management employees may take compensatory time off at their
discretion as long as they exercise judgement so that their absence does
not unreasonably interfere with the city's operations,
In the event of voluntary termination, management employees are
expected to give a minimum of 30 calendar days notice in order to give
the city adequate time to recruit a qualified replacement.
4.3.2. Professionalism, Management employees are expected to maintain the
standards of their individual profession, This includes remaining current
with new developments, maintaining memberships in professional
societies, and attending meetings with professionals in their field. Where
professionals have codes of ethics or standards of performance, these
should also be followed in the manager's work for the City of Ashland,
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4.3.3, Termination, If at any time a manager's performance is deemed
unacceptable, the city administrator or appropriate department head may
ask for the employee's resignation. In most cases, reasonable time will be
given to the employee to find other suitable employment. The city may
provide severance pay in the event of resignation or involuntary
termination,
4.3.4. Residencv, Residency within the Urban Growth Boundary shall be a job
requirement of the city administrator and strongly encouraged for
department heads.
The following employees shall establish their residence to enable them to
report for emergency duty within 30 minutes of notification including "get
ready" and travel time:
Public Works Superintendent
Street Superintendent
Street Supervisor
Water Quality Superintendent
'N3ste'N3ter Collection Supervisor
'N3ter Distribution Supervisor
'N3stewater Treatment PI3nt Supervisor
't'!ater Treatment PI3nt Supervisor
Water Quality Supervisor (Collection)
Water Quality Supervisor (Distribution)
Water Plant Supervisor
Electric Operations Superintendent
Fire Tr3ining/EMS Progr3m Director
EMS/Fire Division Chief
Police Sergeant
Police Captain
Police Lieutenant
Assistant Fire Chief
Telecommunications Engineer
Network Administrator
Database Administrator
User Support Administrator
Maintenance Safety Supervisor
Telecommunications/Computer Technician
Residence shall be established by new employees in these classifications
within these boundaries or limitations within a period of twelve months of
hire or promotion.
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4.4. Essential Manaaement Functions. The following are the essential functions of all
city management positions and the expected standards for their performance:
4.4,1, Planninq, Anticipates future needs and makes plans for meeting them;
recognizes potential problems and develops strategies for averting them;
makes long and short range plans to accomplish city and/or departmental
goals.
4.4,2, Orqanizina, Efficiently and economically organizes and carries out
assigned operations; carries out responsibilities in a sound and logical
manner; operates the unit smoothly and in a well organized manner;
effectively delegates authority and establishes appropriate work rules,
4.4.3. Coordinatina. Coordinates all activities related to work objectives;
maintains coordination and cooperation with other departments and
divisions; maintains good communication with employees, and allows
employees to make significant contributions to the accomplishment of
objectives.
4.4.4, Leadership Motivation. Creates a climate providing challenge and
motivation to employees.
4.4,5, Decision Makinq/Problem Solvina. Analyzes situations and problems,
weighs the pros and cons of alternative solutions, exercises logical
thinking and good judgment, is creative, and is able to make decisions.
4.4.6. Employee Relations. Equitably adjusts grievances among subordinate
employees, properly administers union agreements, and administers
discipline in a fair and progressive manner; trains and develops
subordinate employees.
4.4,7, Public Relations, Maintains a high level of contact with the public,
maintains a sensitivity to the public's needs, and meets the needs of the
public within available resources.
4.4.8. Budaetina. Prepares operational and capital budgets to meet the public's
needs, and expends funds within adopted budgeted limits,
4.4.9. Safety, Maintains a safe, clean, pleasant work environment, and supports
the city's overall safety program,
4.4.10. Self Development. Stays current with new ideas and procedures in
the manager's field of responsibility.
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4.4.11. Affirmative Action, Actively supports and implements Affirmative Action
within the manager's area of responsibility, including the hiring and
promotion of women, minorities, and the disabled. Is sensitive to sexual
harassment in the workplace.
5, Holidavs, 5.1. Recognized Holidays. SbIGA Recognized holidays.as are set forth in
AMC ~3.08,080, For convenience they are listed here:
New Years Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (in lieu of Lincoln's birthday)
Christmas Day (December 25)
5.1.~ Police Sergeants shall receive paid compensation in addition to regular salary for
each of the holidays listed above, in lieu of time off. This shall be paid on the first
payday in December of each year. Newly-hired Police Sergeants shall receive
this paid compensation pro-rated from the date of hire.
5.+.2. If an employee is on authorized vacation, or other leave with pay when a holiday
occurs, such holiday shall not be charged against such leave,
6. Vacations for Manaaement and Confidential EmDlovees.
6.1, Eliqibilitv, Management employees shall be eligible for vacation with pay in
accordance with the following sections:
6.1.1. Employees with less than four full years of continuous service shall accrue
8.67 hours of vacation for each calendar month of service worked.
6.1.2. Employees with more than four but less than nine full years of continuous
service shall accrue 10.67 hours of vacation credit for each calendar
month of service.
6.1.3. Employees with more than nine but less than 14 full years of continuous
service shall accrue 12,67 hours of vacation credit for each calendar
month of service.
6,1.4, Employees with more than 14 but less than 19 full years of continuous
service shall accrue 14 hours of vacation credit for each calendar month
of service.
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6.1.5. Employees with more than 19 but less than 24 full years of continuous
service shall accrue 15.34 hours of vacation credit for each calendar
month of service
6.1.6. Employees with more than 24 full years of continuous service shall accrue
17.34 hours of vacation credit for each calendar month of service
(NOTE: The above schedule includes one day of leave which was previously
designated as "birthday holiday",)
6.2. Utilization. Vacation leave taken shall not be in excess of that actually accrued at
the time it is taken. However, the city administrator has the discretion to
authorize all management employees to take vacation in advance of accrual
when warranted by special circumstances.
6.3. Continuous Service. Continuous service, for the purpose of accumulating
vacation leave credit, shall be based on the regular paid hours worked by the
employee. Time spent by the employee on city-authorized, city-paid absences
shall be included as continuous service, Time spent on unpaid absences shall
not be counted as service, provided that employees returning from such
absences shall be entitled to credit for service prior to the leave.
6.4. Accrual Limitation. Management and Confidential employees are required to
take at least not 10&& th::m 75% of ::lCcruod their annual vacation accrual as time
off each year. The balance of accrued vacation may be taken either as time off
or p3id in c3sh on Juno 15 of 03ch Y03r. V3c3tion m3Y bo c3rriod ovor with tho
3ppro'/31 of tho city 3dministr3tor in special circumstances, but in no ovont shall
the total 3CCru31 at any time exceed twice the amount of the employee's 3nnual
accrual. All Management and Confidential employees may elect to receive
up to twenty-five percent of their unused annual vacation accrual as cash
on the first pay check in June each year. The balance of the twenty-five
percent not elected for cash payment will be added to their cumulative
vacation accrual. In no event shall the employee's total vacation accrual
exceed twice the amount of the employee's annual accrual without
approval,
6,5, Schedulinq, Vacation times shall be scheduled based on the city administrator's
or department head's judgement as to the needs of efficient operations.
6.6. Payment on Termination, An employee terminated after six-months employment
shall be entitled to prorated payment for accrued vacation leave at the rate as of
the date of termination. In the event of death, earned but unused vacation leave
shall be paid in the same manner as salary due the deceased employee is paid,
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7. Hours of Work for Confidential EmDlovees.
7.1. Workweek. The workweek, to the extent consistent with operating requirements,
shall normally consist of five consecutive days as scheduled by the department
heads or other responsible authority,
7,2. Hours. The regular hours of an employee shall be 81/2 consecutive hours,
including 1/2 hour for a meal period, which shall not be paid,
7,3. 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. It shall be the responsibility of the
He3d of the department head to notify employees of their scheduled shifts,
workdays, and hours.
7.4. Rest Periods, A rest period of 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.
7.5. Meal Periods. To the extent consistent with operating requirements of the
respective department, meal periods shall be scheduled in the middle of the
work shift,
8. Sick Leave.
8.1. Purpose, Sick leave is provided for the sole purpose of providing financial
security to employees and their families, Under no circumstances shall the city
grant an employee sick leave with pay for time off from city employment caused
by sickness or injury resulting from employment other than with the City of
Ashland,
8.2. Accumulation. Sick leave shall be earned for the purpose stated by each
employee at the rate of eight hours for each full calendar month of service. Sick
leave must be taken for the purposes specified in section 8,3 as condition
precedent to any sick leave payment. The maximum accrual cannot exceed 720
hours. Sick leave shall continue to accrue only during leaves of absence with
pay,
8.3. Utilization. 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 city administrator of absence due
to illness or injury, the nature and expected length of the absence, as soon as
possible prior to the beginning of the next scheduled regular work shift, unless
unable to do so because of the serious nature of injury or illness, For absences
longer than 24 hours, employees shall notify their department head on a daily
basis. At the option of the department head or city administrator, a doctor's
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certificate of illness may be required as a pre-requisite for the payment of sick
leave. Hourly employees Confidential employees and Mid-Level Supervisors
may be granted sick leave for doctor or dental appointments at the discretion of
the department head. Such time off shall be charged against sick leave time on
an hourly basis. Confidential employees and Mid-Level Supervisors may be
granted the use of sick leave for illness in the immediate family.
8.4. Intearation with Worker's compensation. When injury occurs in the course of
employment, the city's obligation to pay is limited to the difference between any
payment received under workers' compensation laws and the employee's regular
pay. In such instances, prorata charges will be made against accrued sick leave
until sick leave is exhausted. Thereafter, the only compensation will be workers'
compensation benefits, if any.
8.5. Sick Leave - Without Pay, Sick leave is provided by the city in the nature of
insurance against loss of income due to the illness or injury, No compensation
for accrued sick leave shall be provided for any employee upon death or
termination of employment, except that upon retirement accumulated sick leave
will be any leave will be applied as provided in ORS 238,350, Sick leave shall not
accrue during any leave of absence without pay.
8.6. Pav for Unused Sick Leave. All Management and Confidential employees may
elect to receive twenty-five percent of their unused annual sick leave accrual
(maximum of 24 hours) ed during the preceding twelve months as cash on
their first paycheck in December, Paid compensation or paid leave, with If
cash payment is not elected, the unused portion of sick leave will be
unused sick le:3'.:e added to cumulative sick leave balance,
9. Funeral Leave. An employee may be granted five calendar days funeral leave with
regular pay in the event of death in the immediate family of the employee. An
employee's immediate family shall include spouse, parent, children, brother, sister,
mother-in-law, father-in-law, or other relatives living in the same household. Leave with
pay, for up to four hours may be granted when an employee serves as a pallbearer.
10. Other Leaves of Absence
10,1. Criteria and Procedure, Leaves of absence without pay not to exceed 90 calendar
days may be granted upon establishment of reasonable justification therefor in
instances where the work of the department will not be seriously handicapped by
temporary absence of the employee. Requests for such leaves must be in
writing. Normally, such leave will not be approved for an employee for the
purpose of accepting employment outside the service of the city.
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10,2, Jurv Dutv. 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 for such jury
service, and upon being excused from jury service for any day an employee shall
immediately contact the supervisor for assignment for the remainder of their
regular workday,
10.3. Appearances. Leave with pay shall be granted for an appearance before a court,
legislative committee, judicial or quasi-judicial body as a witness in response to a
subpoena or other direction by proper authority; provided, however, that the
regular pay of such employee shall be reduced by an amount equal to any
compensation received as witness fees,
10.4, Reauired 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,
10.5. Familv Medical Leave, Leave in accordance with the Federal Family and Medical
Leave Act and the Oregon Family Medical Leave Act shall be granted to
employees eligible under those acts and for the purposes described in those
acts, Leave may be unpaid or paid as provided in these acts,
10.6. Militarv Leave. Military leave shall be granted in accordance with ORS 408,290,
10.7. 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
the position shall be declared vacated; except and unless the employee, prior to
the expiration of the leave of absence, has furnished evidence of not being able
to work by reason of sickness, physical disability or other legitimate reason
beyond the employee's control.
11. DisciDline and Discharae. The following section applies only to those employees
subject to this resolution who do not have a written individual employment agreement
with the city.
11,1, Discipline, The city shall abide by the legal requirements of due process prior to
taking disciplinary action. Disciplinary action may include the following:
(a) Oral reprimand
(b) Written reprimand
(c) Demotion
(d) Suspension
(e) Discharge
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Disciplinary action may be imposed upon any employee for failing to fulfill
responsibilities as an employee. Conduct reflecting discredit upon the city or
department, or which is a direct hindrance to the effective performance of city
functions, shall be considered good cause for disciplinary action. Such cause
may also include misconduct, inefficiency, incompetence, insubordination,
misfeasance, the wilful giving of false or confidential information, the withholding
of information with intent to deceive when making application for employment,
wilful violation of departmental rules or this management resolution, commission
of any matter listed in AMC 93.08.030.8 or for political activities forbidden by
state law.
11.2, Discharoe, An employee having less than twelve months of continuous service
shall serve at the pleasure of the city. An employee having continuous service in
excess of twelve months shall be discharged only for cause,
11,3. Due Process, Due process procedures shall be followed before a suspension
without pay, demotion or discharge is imposed upon an employee.
Employees, other than those appointed by mayor and city council, may appeal a
suspension without pay, demotion or discharge to the city administrator. The city
administrator's decision shall be final.
12. Probationary Period.
12.1, New Employee 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 departments 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 shall serve a minimum
probationary period of 12 months after which, upon recommendation of the AeaG
Gf--tl:le department head, the employee shall be considered a regular employee s,
The probationary period may be extended upon request of the department
head if an adequate determination cannot be made at the end of the
probationary period,
12.2. Promotional Probationary Period. An employee promoted into a management or
confidential position will be required to serve a twelve six month promotional
probationary period. The city may at any time demote an employee on
promotional probationary status to their previous position with or without cause.
13. General Provisions.
13.1. Non Discrimination, The provisions of this resolution shall be applied equally to
all employees without discrimination as to race, color, religion, marital status,
age, national origin, sex, sexual orientation or disability.
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13,2, Other/Outside Employment. Outside employment shall be permitted only with
the express prior written approval of the city administrator who shall follow the
principles set forth in .'\MC 3.08.040.1. The city ::Idministr::ltor m::lY ::It ::Iny time
revoke permission to hold outside employment. Outside employment shall be
permitted only with the express prior written approval of the department
head or City Administrator, 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 that the above principles are violated, the
department head or City Administrator may revoke previously granted
permission to hold outside employment.
13.3. Worker's compensation. All employees will be insured under the provisions of
the Oregon State Workers' Compensation Act for injuries received while at work
for the city. Compensation paid by the city for a period of sick leaye also covered
by workers' compensation shall be equal to the difference between the Workers'
compensation pay for lost time and the employee's regular pay rate.
13.4. Liability Insurance. The city shall purchase liability insurance in the maximum
amounts set forth in ORS 30.270 for the protection of employees against claims
against them incurred in or arising out of the performance of their official duties.
14, ComDensation
14.1, Pay Periods. Employees shall be paid on a bi-weekly basis, on every other
Friday. In the event a regularly scheduled pay date falls on a holiday, the
preceding workday shall be the pay date.
14.2. Compensation - Pay Schedule. Employees shall be compensated in accordance
with the pay schedule adopted by resolution of the city council. When any
position not listed on the pay schedule is established, the city administrator shall
designate a job classification and pay rate for the position,
14,3. Overtime, Exempt management employees are expected to devote whatever
time is necessary to accomplish their job. For all non-exempt employees, 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.
14.4. Form of Compensation. The city administrator, city attorney, department heads
and division supervisors are not eligible for paid overtime but are allowed
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compensatory time off at their own discretion depending on the operating
requirements of the city, All other management personnel. Mid-Level
supervisors and confidential personnel shall be compensated in the form of pay
at the rate of time and one-half the regular rate for overtime work or given
equivalent time off at the option of the city. No employee shall have more than
40 hours of compensatory time on the records at any time.
14.5. Administration of Pav Plan. Employees shall be entitled to pay in accordance
with the current salary resolution. In the event of a vacancy, the city administrator
may appoint a new employee at any appropriate step within the pay range,
15. Health. Welfare and Retirement.
The city agrees to provide health, welfare and retirement benefits in accordance
with Appendix "B" for employees subject to this resolution.
16. ComDliance with FLSA.
This resolution shall be interpreted in a manner to preserve the exempt status of
the city's bona fide administrative, executive, and professional employees, as
those terms are used in the Federal Fair Labor Standards Act (FLSA). Such
exempt employees shall not have their pay docked or reduced in any manner
that would be inconsistent with the salary test set forth in the FLSA and they are
not subject to disciplinary suspensions of less than a week except for major
safety violations.
17. Effective Date. This resolution shall become effective as of May 1, 1997 July
16, 2002,
This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090
duly PASSED and ADOPTED this ~ 16th day of April, 1997. July, 2002,
Barbara Christensen, City Recorder
SIGNED and APPROVED this +Wl-16th day of _April, 1997.1Y..!Y. 2002,
Catherine M, Golden, Mayor
Alan DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
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APPENDIX "A"
Classifications in the Management and Confidential Employee Groups
MANAGEMENT
,~ :" '. _ if' ",,1 .,,,,'t ~ {.~~~4 W~*;:< "c,~~"~"f~l[ ;.j4f~~1 w " \SS' 0 "~.'~),, : 'I""' f
City Administrator
City Attorney
Assistant City Administrator
Police Chief
Electric & Telecommunications Director
Finance Director
Fire Chief
Public Works Director/City Engineer
Administrative Services Director
Community Development Director
'~..\\.i
r;:..'~
Electric Operations Superintendent
Assistant Fire Chief/Fire Marshal
EMS/Fire Division Chief
Public Works Superintendent
Engineering Services Manager
Police Lieutenant
Telecommunications Engineer
Cable TV Manager
Network Administrator
Database Administrator
Marketing & Communications Manager
Senior Planner
Building Official
User Support Administrator
Accounting Supervisor
Customer Service Supervisor
Senior Program Director
;--_..,z,<x" "'H-"'"
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
ii'~ml'l'W~l,;E~i!lliil:l.ii;i;.;~ll!oll;R~ii;;j!~f,iliil
" .,.G~<!i)._~t'B.,_~m1:~i..0,~iQ;~~.,,"~St
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Exempt
Police Sergeant
Police Administrative Services Manager
Water Plant Supervisor
Water Quality Supervisor (Distribution)
Water Quality Supervisor (Collection Plant)
Associate Engineer
Maintenance Safety Supervisor
Street Supervisor
T elecommunications/Computer Technician
Personnel Analyst
Dispatch Supervisor
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
PAGE 14-RESOLUTION
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CONFIDENTIAL
Legal Assistant
Personnel Assistant
Executive Secretary
Administrative Assistant
Administrative Secretary
Secretary
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
PAGE 15-RESOLUTION
G:lcity-adminlpersonneIIUNIONIMANAGEMENT.CONFIDENTIAL \2002 Management Resolution Update.doc
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APPENDIX "B"
Health. Welfare. and Retirement Benefits
The city agrees to provide health, welfare and retirement benefits in accordance with this
appendix for employees subject to this resolution,
1, Health Insurance.
A. Premiums for Blue CraGs/Blue Shield Plan V A. inoluding Full Service ViGion
insuronce, for employees and their dependents. Coveroge will oommence for new
employees the first of the month following 90 colendnr days from dote of employment
unless otherwiGe opproved by the City Administrator,
B. "'lell Baby Core 1\11 in hOGpital examG, Gix doctors office exams the first year and
three exams the seoond year, to 3 moximum of $100.00 e3ch exam, including 13b and
x r3Y expenseG. Immunizations 3nd innoculations ore co':ered under the Blue
Cross/Blue Shield plan .....ith 0 $5.00 copay. the $5.00 is not reimburs3ble.
C. Routine Physic31 EX3minations Routine physiool examinations will be provided for
employees 3nd dependents as folloWG:
Age 2 18
Age 19 34
/\ge 35 59
/\ge 60 &. over
once e'/ery 3 years up to $ 50,00
onoe every 5 years up to $140.00
once every 2 years up to $140.00
once every year up to $140.00
A. Blue Cross/Blue Shield medical Plan V-A, UCR Vision and dental plan III for
employees and their eligible dependents, New employees will begin coverage on the
first day of the month after they are hired.
As of January 1, 2003, the City will pay 95% of the total monthly health premium, with
the employee paying the remaining 5% on a pre-tax basis.
B, Reimbursement for preventative/wellness medical costs as provided in the city's
Wellness Program,
2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each
employee at one times annual salary.
3. Dependent's Life Insurance, Premiums for the League of Oregon Cities $1,000 life
insurance policy for each qualified dependent of an employee.
PAGE 16-RESOLUTION
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4. Salary Continuation Plan. Premiums for the League of Oregon Cities Long Term
Disability Insurance.
5. Retirement. As required by law, the city will contribute to the Oregon State Public
Employees Retirement System for each employee. Enrollment will commence six
months from the date of employment for new employees, unless that person was in
PERS immediately before coming to work for the city. Upon retirement, one-half of
unused sick leave earned will be applied to retirement as provided in statute. The city
will also assume or pay the employees' contributions required by ORS 237,071 for
employees at a uniform rate of six percent.
PAGE 17-RESOLUTION
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APPENDIX "B"
Health, Welfare & Retirement Benefits
Paae: Two
6. Social Security. Contributions to Social Security as required by law,
7. Dentallnsuranoe. Premiums for Blue Cross Option III Dent31 pl3n f.or employees 3nd their
dependents.
7. Medical Insurance for Retirees. All employees retiring from city employment and their
eligible dependents will have the option of continued participation in the city's
medical insurance program at the same monthly group premium as active
employees, The retiree must be actively covered under the city's group plan at
the time of retirement to be eligible for continued retiree coverage. Retirees must
make their health insurance payment to the city on or before the 15th of the month
prior to the covered month to continue health coverage, The right to participate
and medical coverage ceases when the retiree or their eligible dependent(s)
become Medicare-eligible at age 65.
Any employee retiring in a position covered by this resolution who has 15 or
more years of service and who is Medicare-eligible at the time of retirement, shall
be provided with Blue Cross Preferred Choice 65/ Plan C, or equivalent plan
selected by the city. The city will pay the premium for the retiree. The retiree
must have been participating in the city's group plan at the time of retirement to
be eligible for this benefit.
Early retirees who retire in a position covered by this resolution, and have 15 or
more years of service, and are at least age 60 at retirement shall receive a
monthly check equal to the amount paid for Blue Cross Preferred Choice 65/Plan
C, or equivalent plan selected by the city, until they become eligible for Medicare
at age 65, The retiree must elected continued retiree coverage under the city's
group plan to be eligible for this benefit. Once the retiree turns 65 and
establishes Medicare eligibility, the city will pay the premium directly to Blue
Cross Preferred Choice 65/Plan C or the equivalent plan selected by the city, on
the retiree's behalf.
!L90 Deferred Compensation, Deferred compensation in the amount of $30,00 $15.00 per
month in matching funds per employee enrolled in a city deferred compensation
program. This program is at the option of the employee and contingent upon a
minimum $15.00 per month contribution paid by the employee.
PAGE 18-RESOLUTION
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