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HomeMy WebLinkAbout2005-1004 Council Mtg Packet CIT'k" OF ASHI~AND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 4, 2005 Civic Center Council Chambers 1175 E. Main Street 6:30 p.m. Executive Session: Owest Litigation pursuant to ORS 192.660(2)(h) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF MINUTES [5 minutes] Regular Council Meeting Minutes of September 20, 2005 V. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of October 9-15 as National Fire Prevention Week [5 n1inutes} 2. Mayor's Proclamation of October 2-8 as Mental Illness Awareness Week [5 rllinutes} 3. Forest Lands Commission Presentation [20 mini VI. CONSENT AGENDA [5 minutes} Minutes of Boards, Commissions, and Committees VII. PUBLIC HEARINGS {Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC 92.04.040}) VIII. 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.) [15 minutes maximum} IX. UNFINISHED BUSINESS ('OIJNCIL MI:E~TINGS ARE.: BR()ADCAST LIVE ON ('IIANNr~L 9 VISI'TrIJE~ (Try ()I;' ASIlLANl)'S \\'1:13 srrr~ AT \V\V\V.ASIII,AND.()R.IJS X. NEW AND MISCELLANEOUS BUSINESS 1. Ordinance re Community Oriented Policing [30 minutes} 2. Fire Station 2 Update [20 mini 3. Police Preparation for Halloween Events [10 minutes} 4. Council Goals Update [10 minutes} 5. Approve Voting Delegate for Oregon LOC conference [10 minutes} XI. ORDINANCES. RESOLUTIONS AND CONTRACTS First Reading by Title only with changes of "An Ordinance Amending the Ashland Municipal Code Helating to Rules of Procedure for Public Contracting and Personal Service Contracts." [10 minutes} XII. OTHEIR BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIII. ADJOIURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MF~ETIN(jS ARE BROADCAST LIVE ()N (TIANNEL 9 VISITrIIr~ CITY ()F' ASIIl,AND'S \VFB SITF /\ r \V\V\V.ASHLAND.OR.US ASHLAND CITY COU,VClL l\1EET/NG SEPTEMBER 20, 2005 PAGE 10f3 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 20, 2005 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Hartzell, Amarotico, Chapman, Jackson and Silbiger were present. APPROV AL OF MINUTES ~ The Minutes of the Special Meeting of August 30,2005, Regular Council Meeting of September 06,2005 and Continued Council Meeting of September 07, 2005 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor's Proclamation of September 21 st as The International Day of Peace, Proclamation of October as Disability Employment Awareness Month and Proclamation of September 22nd as Ashland Car Free Day were read aloud. Mayor Morrison noted that a Car Free Day Festival would be held on September 22nd from 3 p.m. to 7 p.m. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees 2. Approval of Sole-source Procurement Greater than $75,000 - Sports Lighting 3. Approval of Public Contract Greater than $75,000 - Electric Meters 4. Liquor License Application for II Giardino Cucina Itliana 5. Liquor License Application for Los Gordos Councilor Amarotico/Hardesty m/s to approve Consent Agenda. Voice Vote: all AYES. 1~otion passed. Electric Director Dick Wanderscheid stated that the City has been deploying electric meters containing the ERT Modules for the past three years, however he did not have the exact number. Parks Superintendent Steve Gies clarified that the sports lighting equipment is more effici(~nt because the fixtures are able to generate more light, therefore fewer are needed. PUBLIC HEARINGS (None) PUBLIC FORUM (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES~ RESOLUTIONS AND CONTRACTS 1. Second Reading by Title only of "An Ordinance of the City of Ashland, Oregon, Granting a Franchise to Avista Corporation for the Construction, Operation, and Maintenance of Natural Gas Facilities Within the City of Ashland, Oregon." ASHLAND CITY COUNCIL l\1EE71NG SEPTEAfBER 20, 2005 PAGE 2 of3 Assistant Ci~y Attorney Mike Reeder presented the Staff Report. He stated that the Council may wish to discuss the sdf-insured aspect and commented on the stipulation that Avista provide a business report. Suggestion was made for the contract to state that A vista provide their business report to the City on a periodic basis. It was questioned if the Council should also ask A vista to present a copy of their insurance coverage on an annual basis. Finance Director Lee Tuneberg suggested that they combine Sections 3 & 4 of the Ordinanc1e and request that A vista annually provide a report and recertify that they-are self insured or provide proof of other insurance. It was questioned what should be contained in the report. Mayor Morrison stated he was interested in what A vista is doing in the community, what they base their volume on and how many connections they have. Sugg~stion was made for the City to be informed of what streets A vista is working on and when. Mr. Tuneberg stated that the City is already made aware of this because Avista is required to obtain Excavation Permits through the City's Public Works Department. Interest was voiced in regards to extending the solar hot water heater program. .Steve VincelltJ580 Business Park Dr/Avista . Utilities/Stated that the Franchise Agreement pertained to Avista's ability to work in the right-of-ways and their contractual obligation to make sure they keep the streets in good repair when they have to access them for service. He stated that the conservation side is something that is regulated by the Public Utility Commission and any changes made to conservation is something the Commission would need to approve. Mr. Vincent stated that he would speak with his conservation folks about the possibility of rebates for solar systems. Mayor Morrison requested that the language in Section 3 be amended to read "The city shall be provided with these books and records on an annual basis with respect to all matters covered by this ordinance". Mr. Vincent stated that they operate in four states and does not know if it would be an easy administrative task to compile thl~ information being requested. He stated that he would have to talk to A vista about the report being requested. Morrison clarified that he was not interested in their other operations, only what is happening in Ashland. Mr. Vincent stated that the City of Ashland would be the only city within their service territory making such a request and he would need to check with his counterparts before agreeing to this change. He stated that A vista produces an annual report as a corportation, but does not believe the revenue is presented in a city by city basis. He stated that they will need to sit down and talk about what the City would like to see in the report and then determine if they can accommodate. City Adminis.trator Gino Grimaldi suggested that they not do a second reading of the ordinance tonight. Instead, have Staff discuss the suggested changes with A vista and see if they can come up with some language that is agreeable and then bring it back to the Council. Council reached consensus to refer this back to Staff for further negotiations with A vista. 2. Reading by Title only of "A Resolution accepting the Grant Offer of the State of Oregon through the Oregon Department of Aviation in the Maximum Amount of $10,000 to be used under the Financial Aid to Municipalities Program in the Maintenance of Ashland Municipal Airport." City Administrator Gino Grimaldi stated that this grant would fund a project that is needed in order to clear obstructions in the approach zone for the airport. He stated that there are a number of large trees that need to be trimmed in order to provide planes with a safe approach into the airport. He clarified that this is a requirement of the FAA and stated that there are funds available through the grant program, however the City will be requin~d to match 10% of the $10,000. Mr. Grimaldi stated that the resolution is necessary in order to accept the grant. ASHLAND CITY COU,VCIL AfEE17NG SEPTEAfBER 20, 2005 PAGE 3 of3 Councilor Jackson/Chapman m/s to approve Resolution #2005-38. Roll Call Vote: Coul1lcilor Silbiger, Jackson, Chapman, Amarotico, Hartzell and Hardesty, YES. Motion passed. 3. Second Reading by Title only of "An Ordinance Withdrawing an Annexed Area from Jackson County Fire District No.5 (pacific Western of Medford, LLC, Annexation, End of Clover Lane)." Assistant City Attorney Mike Reeder noted that this is the second reading of the ordinance. H(~ stated that the findings were adopted back in October of 2003 and stated that this,was the final step in the land use action. Councilor Jackson/Amarotico m/s to approve Ordinance #2920. Roll Call Vote: Councilor Amarotico, Hartzell, Jackson, Silbiger, Hardesty and Chapman, YES. Motion passed. 4. l!eading by Title only of "A Resolution Revising Rates for Electric Service Pursuant to Ashland Municipal Code Section 14.16.030 and Repealing Resolution 2004.40." Electric Director Dick Wanderscheid presented the Staff Report. He stated that the Staff Report updates the Council on the wholesale electric rates from Bonneville Power Administration and contains Staff s . recommendation to lower the surcharge from 18.45% to 16.6%. Mr. Wanderscheid explained that in the FY 05-06 budget, Staff tentatively expected a 3.3% increase in wholesale power cost, however Bonneville ended up with more power than expected and because of their increased revenues have lowered their rates by approximately 1.6%. Staff is recommending that the City reduce the surchage by 1.85%, which would result in revenue reduction of$95,000 over the n~mainder of the fiscal year. Mr. Wanderscheid spoke regarding the technology upgrade plan and stated that the pilot program is providing excellent data. He stated that at the completion of the two year pilot program, Staffwill have sufficient data to determine what kind of load shifting they can do and will look at various ways of implementation. He stated that they should have sufficient data collected by next spring and will come to a conclusion within the next two years. Mr. Wanderscheid briefly commented on the power outage experienced in Ashland today. He also stated that there was a slim chance that they would need to raise the rates back up and voiced his support for lowering the surcharge. Councilor Amarotico/Hartzell m/s to approve Resolution #2005-39. Roll Call Vote: Coundlors Hartzell, Chapman, Amarotico, Hardesty and Jackson, YES. Councilor Silbiger, NO. Motion ]~assed 5-1. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Jackson spoke regarding the Regional Problem Solving process and stated that the group has entered its final phase and have hired a consultant. She stated that the consultant will be helping the Policy Committee to put together a regional plan and noted that she had been selected to chair this committee. Jackson clarified that through this process, cities were asked to identify urban reserve and not~~d that Ashland chose to not add any growth areas. She briefly commented on the impacts of Measure 37 claims and clarified that the State has very specific rules on where cities can expand. ADJOURNMENT: Meeting adjourned at 8: 11 p.m. Barbara Christensen:, City Recorder John W. Morrison, Mayor Fast Fac~ts Knowing the facts is the key to fire safety Fire deaths · In the United States, someone is fatally injured in a home fire roughly every 170 minutes. · In Canada, someone is fatally injured in a home fire roughly every 31 hours. · Smoking materials such as cigarettes, cigars and pipes are the leading cause of fire deaths in the United States. The majority of residential fires associated with smoking matHrials started as a result of careless or improper disposal. Smoke alarms · Fifteen of every 16 homes (94%) in the United States have at least one smoke alarm. · Having smoke alarms in your home reduces your chance of dying in a fire nearly in half. · One,.half of home fire deaths occur in the 6 % of homes with no smoke alarms. · In three of every 10 reported fires in homes equipped with smoke alarms, the devices did not work, most often because of missing, dead or disconnected batteries. · Only eight percent of those surveyed whose smoke alarms had sounded in the past year thought it was a fire that caused the alarm to go off, and got out of their homes as a result. Home fire sprinklers · Properly installed and maintained, automatic fire sprinkler systems help save lives. · Automatic fire sprinklers and smoke alarms together cut your risk of dying in a home fire 82% relative to having neither - a savings of thousands of lives a year. Home escape planning · According to an NFPA survey, 26 percent of Americans said they had never thought aboi.ltpracticing a home fire escape plan. Three percent said they didn't believe that' practice was necessary. Heating · During the' months of December, January and February, heating equipment is the leading causa of home fires. Two-thirds of home heating fire deaths were caused by portable or fixed space heaters. Candles · Over the last decade, candle fires have almost tripled. In 1999 alone, an estimated 15,040 home fires started by candles were reported to fire departments. These fires resulted in 102 deaths, 1,473 injuries and an estimated property loss of $278 million. · Forty percent of U.S. home candle fires begin in the bedroom. Cooking · MOrE! fires start in the kitchen than in any other place in the home. · Cooking fires are the #1 cause of home fires and home fire injuries. · Unattended cooking is the leading cause of home cooking fires. Electrical · Electrical fires and shocks kill hundreds of people and injure thousands each year. · In 1999, electrical distribution equipment was the fourth leading cause of home structure fires, but ranked first in cause of direct property damage. "- I I I 'U I' ASHLj\ND Council Communication Ashland Forest Lands Commission Presentation Meeting Date: October 4, 2005 Department: Ashland Fire & w;ue Contributing Departments: None Approval: Gino Grimaldi Primary Staff Contact: Keith E. Woodley E-mail: woodleyk@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 20 minutes Statement: The Ashland Forest Lands Commission would like to provide the City Council with an update on its plans ands projects for the 2005-06 fiscal year of operations. Background: The Ashland Forest Lands Commission was established by City Council resolution in 1993, and the Commission structure and organization was updated in 1996 and 2005. The Commission consists of seven voting members, including a representative of the Ashland Parks Commission. The Commission also has non-voting ex-officio members, including a representative of the Oregon Department of Forestry, U.S. Forest Service, Fire Chief, Police Chief, Parks ~~ Recreation Director, or their designees. A member of the City Council serves as a non-voting liaison. The Mayor appoints voting members with confirmation by the City Council. The primary purpose of the Commission is to implement tile Ashland Forest Management Plan developed and adopted by the City of Ashland. The Commission also provides valuable direction and oversight for planning activities on City owned forestlands. Related City Policies: Ashland Forest Management Plan Council Options: Information only, no council action required Staff Recommendation: Information only, no council action required Potential Motions: Information only, no council action required Attachments: None ~~ CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 2005 CALL TO ORDER Chair Matt Small called the meeting to order at 6:40 pm. at the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR 97520. Commissioners Present: Council Liaison: Staff Present: Matt Small, Chair Alice Hardesty Liz Peck Faye Weisler Bill Street Carol Voisin Don Mackin Jennifer Henderson ( new member) Cate Hartzell (arrived at 6:45 p.m.) Brandon Goldman, Housing Specialist Sue Yates, Executive Secretary Small introduced Jennifer Henderson who replaces Kim Miller. Small asked that it be noted in the: minutes how much Kim Miller and Amy Korth's (left the Commission a couple of months ago) efforts were appt;eciated by the Commission. APPROVAL OF MINUTES Mackin/V oisin m/s to approve the minutes of the July 18, 2005 meeting. Voice Vote: Everyone approved. WeislerNoisin m/s to approve the minutes of the July 23,2005 meeting. Voice Vote: Everyone approved. PUBLIC FORUM HUll spoke regarding Dapper Dell's, the solar learning center, an idea he has for high- end homeless people. He is still working on it. He said it really works. OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS New and Miscellaneous Commissioner Discussion Items Not onthe~Agenda -.,. Small recalled that each subcommittee was going to look at their priorities one last time and report to the Commission at this meeting those priorities along with a time line for getting the work done. He thought vulnerable properties should be part of the Land Use subcommittee. Henderson expressed an interest in working on the Land Use subcommittee and perhaps Finance. Hartzell asked to be involved in the Land Use subcommittee for at least a couple of meetings. She asked Goldman to update the matrix and add it to next month's agenda. The Commissioners discussed the Action Items mentioned on Page 4 of the June 23, 2005 study st~ssion and what subcommittee would be involved with each item. . Creating a list of vulnerable properties. (Land Use) . Inform the Downtown Plan Committee that public lots should be available for work force: housing. (Education) . Review information regarding density bonuses and condominium conversions for affordable housing provisions. (Land Use) . Have a conference call with Fannie Mae regarding employer assisted housing. (Education) . Have a conference call with HUD regarding section 108 loan program. (discuss at this meeting) . Request that other public bodies establish a liaison to the Housing Commission. (Education) ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 2005 Goldman was going to draft a letter to Parks, School Board, Planning Commission, Conservation Commission and SOU. · Housing Commission members to be liaisons to public bodies. Parks - Street/Schools - Hardesty/ Planning Commission - Mackin, Peck, Henderson · Draft letter for Housing Commission to send to ICCA regarding future use of 144 Second Street. Agenda item for tonight. · Determine legality of restricting housing to families only. Goldman found out you can restrict housing to families. People with children are a protected class. The Education Committee drafted Voisin to be chair and she recommended that the other committees do the same. April is supposed to be the month we elect officers. Henderson moved to retain Small as Chair and Weisler as Vice Chair umtil April. The motion died for lack of a second. It was agreed this item will be discussed at the September meeting. Diana Goodwin-Shavey, former Housing Commissioner, will be in town on August 19th and offered to make herself available to spend some time answering questions of Housing Commissioners. Goldman will e-mail her and find out exact times and let the Commissioners know. Goldman will get an updated copy of the HUD housing in Ashland. The Commission agreed that committees should consider asking for community volunteers to help them. Hartzell suggested, if it is approved by Legal, that a committee could establish an advisory group, especially Finance. NEW BUSINESS Interfaith Care Community of Ashland update Goldman said Sharon Schreiber, Director of ICCA, indicated the property on Second Street is for sale. Any sale is contingent upon ICCA finding another location in Ashland to purchase and operate services; Their goal is to continue op<.::rations in Ashland and not pull the equity out"of Ashland. They are looking for a site out of a residential area. Goldman said he will draft a letter to ICCA complimenting them on their desire to stay in Ashland and encouraging them to continue their services here. Discussion Qln recommendation to Council regarding additional Housing Staff Gino Grimaldi, City Administrator, is willing to speak to the Housing Commission on September 19th. Goldman will itemize his responsibilities, prioritizing by percentage of time spent on each task. Small asked Hartzell to be prepared to talk to Grimaldi at the next meeting. She agreed. OLD BUSINESS SDC Deferral Program Changes Goldman said since this was last presented, he has contacted non-profit and for-profit housing developers for their input into the proposed changes to the SDC program. He received a letter from ACCESS, Inc., outlining their concerns. The proposed changes are suggestions to clarify the SDC program as it relates to other sections of our code, namely the zoning ordinance and the annexation ordinance that establish that units have to sell between 60 and 120 percent of median income or rent to those qualified households. There is nothing in the SDC program that establishes what an affordable purchase price is for the different income levels. As a result there is a potential that someone can create a unit that meets the zoning requirement and targeted to someone at 60 percent of median income. The concemis that they may not be able to afford it if they have purchased it at the current maximum purchase price. (Refer to Goldman's memo of May 25,2005 and his chart of examples.) The table establishes how much a monthly payment will be. The rationale behind it is not to establish a maximum purchase price but rather say a household cannot spend more than 30 percent of their income and if they get a better interest rate they can then afford a higher dollar value for the home. If their interest rate is lower, the house would have to have a lower selling price. In other words, it shifts the focus from the current SDC program from a maximum purchase price to maximum monthly mortgage. Whenever a unit transfers, it ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 20Ci5 would be held to this program. However, a provision could be added to protect the fIrst time buyer to establish the resale amount so it cannot be less than their original purchase price. The letter from ACCESS has asked what would happen in the case of a hardship. Goldman said in the event of a transfer, if it is a qualifIed transfer, an owner would not have to pay the penalties. The penalties would only kick in if an owner wanted to get out of the program by paying SDC's to sell the home at market rate. There are less than a half dozen homes that fall under the SDC deferral program each year. These are now deed restricted. Goldman said the program could be a voluntary "in" but with no voluntary "out". That would keep a unit affordable for 30 years. It would be Staffs recommendation that units will remain affordable for a 30 year period and that the developer would be exempt from paying the Community Development and Engineering Services Fee. W eisler said in the hardship cases, would there be an entity that could buy it and hold it in affordability for the short term? She would like the City to have the right of fIrst refusal. Henderson said there is a model in ACL T. Is the Commission favorable toward a minimum period of affordability or a voluntary in/voluntary out? Does the Commission wish to have the purchase price correlated to income (30 percent for a mortgage) or a maximum? Should utilities be included? For simplicity, it would be better to do things that can be traced over time. PUBLIC HEARING MELANIE MINDLIN, Fordyce Co-Housing, strongly supports going to a case by case basis for SDC deferral. She would encourage them to go to 35 percent to encourage buyers to put together their best package and she would like it tied to percentage of income. She would not prefer to have a term of affordability and have :as little overlay as possible. All it does is get in the way of what the non-profIts are doing. She has a pet peeve about limiting equity on those creating affordable housing and buying affordable housing. SHELLEY AUSTIN, ACLT, agreed with most of what Cyndi Dyer of ACCESS said in her letter. With regard to the period of affordability, if there is any deferral program that has a disincentive for getting out of the program, anything less than 30 years, there should be a $10,000 penalty. We've seen in Ashland so many times where the SDC's have been paid off and the units fall out of the program. Goldman said he'd come back with answers to questions and a draft resolution. Hartzell asked Goldman to craft some optional language in the resolution for the points that have been brought up. SUBCOMMITTEE REPORTS Liaison Reports Parks - Street spoke with Mike Gardiner, Parks Commission Chair. They've met twice with the School Board and City Council. They will be meeting again on September 8th at the Council Chambers at 7:00 p.m. and affordable housing is at the top of the list. However, Gardiner doesn't see that Parks will be very involved affordable housing solution. Street will talk with the other commissioners to try to persuade Gardiner to shift a little bit. Schools - Hardesty met with Ruth Alexander, School Board member and she is very interested. Hardesty has met with Amy Patton. They are just talking at this point about how they can work together. Alexander is interested in coming to one of the Housing Commission's meetings. They talked about the idea of little working groups that could be made of up of two to three Housing Commission members as well as informal discussion with the School Board members that would include Juli DeChiro, Superintendent of Schools. Planning - Mackin said he and Peck attended the Planning Commission meeting to talk about condominium conversions. It will be coming back to a Planning Commission study session, maybe on July 23,2005, 7:00 p.m. at the Council Chambers. ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 2005 Conservation - Weisler asked them if they could support energy conversation for affordable housing. There is a possibility of dedicating the sale of green tags for solar panels for affordable housing. They would have to go to the Council for approval. At the end of the year, dedication of the proceeds will be decided. They might also consider applying for a grant from the Bonneville Environmental Foundation. Education - Voisin reported they have a call to Fannie Mae on how to best devise a survey to take to employers. They will establish a time when a Fannie Mae representative can be a part of an employer assisted housing workshop (probably November) and the outcomes they are looking for. Future meetings are August 29 at 5: 15 p.m. and September 12, 5:15 p.m. Next Quarterllv Study Session There are two October dates - the 15th or the 22nd for a meeting with Darcy Strahan from the State. Goldman will target the 22nd and let Strahan know soon. The meeting time will be 8:30 a.m. to 2:30 p.m. The Co~ssion will have Strahan for about 1 Y2 hours. CITY COUNCIL LlTHIA LOT PROPOSAL The Council heard the proposals on August 3rd. They've set a Special Meeting for August 30th at 7:00 p.m. for this item aloJtle. Goldman is expecting a decision at that meeting. Hardesty will be there and she encouraged others to attend the meeting and come prepared. Staff will have a separate recommendation -fromJhat of the Housing Commission. Goldman said Kendrick submitted a Performa showing what their project is built on. He will check with Legal to see if it admissible. Hardesty, Mackin and Street volunteered to go to the Council meeting. AGENDA ITEMS FOR NEXT MEETING Discussion of whether or not to vote for a new Chair and Vice Chair. ADJOURNMENT - 8:45 P.M. ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 20(15 AFN OPTIONS COMMITTEE SEPTEMBER 8, 2005-P AGE 1 of 5 CITY,OF ASHLj\ND AFN Options Committee Meeting . Minutes . September 8, 2005, 7~30am Siskiyou Room, CDES Building, 51 Winburn Way CALL TO ORDER . Michael Donovan called the AFN Options Committee meeting to order at 7:3:3 am on September 8, 2005 in the Siskiyou Room of the CDES Building, 51 Winburn 'Nay Ashland, Oregon. ROLL CALL Committee members Barth, Collins, Donovan, Mace, Mackin, and Shultz were present. Councilor Russ Silbiger was present. STAFF PRESENT: GINO GRIMALDI, CITY ADMINISTRATOR LEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE DIRECTOR DICK WANDERSCHEID, ELECTRIC DIRECTOR MICHAEL AINSWORTH, CABLE TV MANAGER RICHARD HOLBO, TELECOMMUNICATIONS ENGINEER CINDY HANKS, PROJECT MANAGER BRYN MORRISON, ADMINISTRATIVE ASSISTANT REVIEW COMMITTEE MINUTES Approval of minutes dated August 15, 2005 Richard Barth, Committee member would like staff to provide a copy of Art Bullock's written testimony from the August 15, 2005 meeting. Staff will provide. Mr. Barth also would like to clarify that he believed Mike Franell meant on page 2 paragraph 4, that the word limited meant it would be forbidden and they could not discuss the possible sale of AFN at an executive session. :~>"7.f:Councilor Russ Silbiger would like included on page 3, second paragr:aph.fromxbottom, that the advisory committee recommended the 25-300/0 increase. Mr. Barth corrected page 3 second paragraph that the Forest Service owns the land that Mt. Ashland Ski area is on. Mackin/Barth approved the minutes as amended. All Ayes AFN OPTIONS COMMITTEE SEPTEMBER 8, 2005-P AGE 2 of 5 DISCUSSIC~N Mr. Barth stated he would like to include to the agenda a list of items that the Committee did not accomplish in the previous meeting. Review of AFN financials, the possibility of meeting with the ISP's and Programming Committee, and other documents that were . distributed. He, added he would like to hear an update on Council.action., an update on the IT Direcjtor recruitment, and a well defined goal of committee. Paul Mace, Committee 11lember agreed and stated that he would like to have a theme for the meetings. The ~ommiUee discussed future meetings and set a meeting on 9/15 and 9/26 at 7:30 am in the Siskiyou Room. The CommiUee discussed that they would like hard copies of all future packets and are able to come to the City to pick them up. They would also like be able to insert comments into the electronic pdf versions that are sent. Gino Grimaldi, City Administrator spoke to the recruitment of the Information Technology Director. He is in the process of speaking to 6 candidates on the phone and would like to wrap up this week. Councilor Silbiger spoke to the action taken at the Council study session on September 7,2005 and that Council approved a $7.50 surcharge to be placed on all electric bills effective 30 days from September 7th and there will be a rate increase on cable tv on January 1, 2006. The Committee asked if the rates that were presented in the email that Councilor Silbiger sent. Councilor Silbiger responded that they were. He added that waiting until January will have a number of advantages including the work that will be done by the Options Committee. The Committee asked what the projection of revenue was. Lee Tuneberg, Administrative Services and Finance Director responded that the $7.50 surcharge would be $600,000 this year and the rate increase would generate $100,000 per month. The Committee discussed the financial rate model. They asked staff to explain on page 8 of model, the Internal Charges. Mr. Tuneberg explained what made up the"C.entral Service charges. It pays for accounting, legal, Council, personnel, other administrative tasks. He explained that all departments pay Central Service charges that are not located within the Central Service fund. The Committee asked how the number is generated. IVlr. Tuneberg responded that it is based upon cost allocation plans. For example nUlmber of connections, employees, and costs for buildings. The Committee asked if sta1f could tie those figures back in time to what AFN used. Mr. Tuneberg explained that it is a percentage based allocation. Mr. Grimaldi stated that was a valid issue and suggested the Committee evaluate that when they look at the option of spinning off AFN. The Committee asked if AFN revenues were to increase if Central Service Charges would. Mr. Tuneberg responded that they would to accommodate for more bills that would be generated for example. The Committee clarified that if AFN was no longer part of the City, all costs would not be eliminated. Mr. Tuneberg responded that was correct. The Committee asked how much Central Service fees had been charged to AFN since the inception. Staff will report back. AFN OPTIONS COMMITTEE SEPTEMBER 8, 2005-P AGE 3 of 5 The Committee discussed that they need to address the question: is a spin off viable, does it truly cost the City that much more to provide service? Mr. Grimaldi su~~gested staff do an estimate for the Committee to review. The Committee discussed that Don Mackin, Committee member will work with staff to compile estimate of how much the cost would be for overhead if AFN was spun. off. The Committee asked the City to justify the $15.5 million bond. Mr. Tuneberg responded that at the end of 2004, there was $7 million in internal and $7 million in external borrowings along with the cost of issuance and an additional amount for the first i[1terest payment. He added that the external borrowing was for the construction costs. He explained in August of 1999, the City borrowed $5.9 million and in 2002 the construction costs exceeded the amount borrowed and then the City borrowed $2.5 million more. He added the first loan was tax exempt, second taxable, and the final was taxable. Mr. Tuneberg explained that the $7 million in internal borrowing was from other funds and was borrowed only as needed-..TheCommittee asked if they borrowed against operations and not capital. Mr. Tuneberg responded that was correct. The Committee asked what of this money represented checks to entities outside the City and how much represented internal billing. They would like to see what portion was done by the City and what the City had to pay others to do that they could not do themselves. The Committee discussed what other projects were not completed or we're put off because the City begun AFN instead. The Committee asked to see the staffing changes since the inception of AFN" The Committee discussed the burden that was placed on the City by starting AFN and where costs were assigned. Staff will report back. The Committee asked for an estimate of profit and loss by service. They woulld like to see the costs of each service. Staff will provide further detail. Councilor Silbiger added that one option that has been discussed is eliminating the TV side and a good idea may be to change the rate model to show that as well. Staff clarified acronyms within the rate model. PS is Personal Services, MS is Materials and Services, CO is Capital Outlay, CM is Cable Modem. The Committee asked what the dates were that the projected and amended numbers were taken from. rvlr. Tuneberg responded he believed it was as of June 30, but will report back. Dick Wanderscheid, Electric Director gave historical information on AFN to the Committee. He spoke to the quarterly report and how when the debt service is removed, the figures are close to what is needed for AFN. He pointed to when AFN be~lan, the estimate for the overall cost was based on figures that were not accurate. The City did not anticipate having to pay the prevailing wage to employees. He added thatt they AFN OPTIONS COMMITTEE SEPTEMBER 8, 2005-P AGE 4 of 5. renegotiated prices with Hunter for work to be done and even tried to take over the work internally but could not accomplish in a timely matter what Hunter could so they were rehired. He added that AFN did pay the full cost of the use of the Electric department and now thE~ Electric department is scrambling to catch up on work that they were not able to accomplish while they were assisting in AFN. Mr. Wanderscheid stated three mistakes that the City made when they started AFN: it took more nloney than was anticipated, took longer than was anticipated, and they did not accurately assess the competitions response. Mr. Wanderscheid spoke to the staffing of AFN. He was the Administrative Services Director when AFN started and then became the Electric and Telecommunications Director. Michael Ainsworth was the first cable TV employee and Richard Holbo was hired to build the system. Mr. Wanderscheid explained that with the change in the budget this year, he has been changed to the Electric Director and for the interim; Lee Tuneberg is the AFN Director until an Information Technology Director is hired: The Committee discussed the available AFN service to the community and those that cannot receive AFN. Mr. Wanderscheid and Mr. Holbo added that costs effectiveness is considered when areas are serviced. The Committee discussed the possibility of the City becoming an ISP. Staff explained that when CDS was going bankrupted and after they went bankrupted, the City set up a system to take their customers but the I'egal opinion.was that the City could not and it was illegal to intercede without direction from Council. Staff discussed that it was a policy decision on whether or not to become an ISP that Council would have to make. Mr. Wanderscheid explained the difference in requirements for a municipality and what would take place in a private company. The Committee questioned why they were not preapproved by Council to be an ISP when it was suggested in the Navigant report. Staff responded that the consensus was that in the beginning of AFN it was not an option for the City to be its own ISP. Mr. Wanderscheid added that at the conclusion of the Navigant study, that suggestion was removed. The Committee discussed that they would work together to address future agenda items in between Imeetings. Art Bullock, 791 Glendower - Mr. Bullock spoke to the option of the City owning AFN with a private company managing it. He wants the Committee to build in safeguards for the public's right to know. He wants to make sure that they use plain talk, with clearly labeled costs and subsidies so taxpayers know in their language what is going on. Written testimony was submitted into public record. Scott Spalding, 1360 Apple Way- Mr. Spalding stated that he is a supporter of AFN and does all he can to promote AFN. He places the channel line up in several businesses throughout Ashland and speaks favorably to citizens regarding the benefits of AFN. He presented the Committee with written testimony that was submitted into public record. AFN OPTIONS COMMITTEE SEPTEMBER 8, 2005-P AGE 5 of 5 Thomas Gaffey, 680 Oak St- Mr. Gaffey stated that he would like to receive a copy of a current revenue status report and staff will provide. He stated that the efficiencies of AFN have never been discussed and an analysis needs to be done on potential income streams. He feels it took too long to build out, cost too much to complete, and pricing was unrealistic. He added that he feels it could work if the bureaucracy was removed. Charles Carreon, 1131 Barrington Circle- Mr. Carreon stated that AFN is great and provides much better service than Charter. He would like to see a report on ,^,hat of the Central Service charges could be outsourced. He questioned if someone could be held acco~untable for not informing the City that they would have to pay prevailing 'Nage. He added that it may be worth looking into a PUC complaint again Charter for under pricing. ADJOURNMENT The meeting was adjourned at 9:33 am Respectively Submitted, Bryn Morrison Administrative Assistant Administrative Services Department CITY C:)F ASHLfl~ND AFN Options Committee Meeting Minutes August 2, 2005, 11 :OOam Siskiyou room, CDES Building, 51 Winburn Way The meeting was called to order by Lee Tuneberg, Administrative Services/Finance Director at 11: 12 am on August 2, 2005 in the Siskiyou Room, CDES Building, 51 Wilburn Way, Ashland, OR.. Attendees: City Councilor Russ Silbiger Option Committee Members: Shultz, Kevin, Collins, Paul, Donovan, Michael, Barth, Rick and Mace, Paul. Committee Elect: Mackin, Don Staff: Gino Grimaldi, City Administrator Lee Tuneberg, Administrative Services/Finance Director Mike Ainsworth, Cable TV Manager Richard Holbo, Telecommunications Engineer Introductions Mr. Tuneberg invited the members to introduce themselves and tell about their background. Election of a Chair. Vice- Chair Mr. Shultz asked to postpone the election of the chair until next meeting, due to the fact that the last member was to be confirmed at the City Council meeting on August 9th, 2005. REVIEW COUNCIL MINUTES & CHARGE Discussion that the committee should not recommend an option. The cornmittee should come up with 3 options. Mr. Tuneberg explained that option #3 "No significant change" is not an acceptable option for the council. Comment has been made as to why the committee has to make option prior to hiring the director. Mr. Grimaldi has recommended that the comrflittee should make a request to the Mayor to change the process of hiring a Director prior to thH discovery, to reconsider the time line of hiring the director. The charge was to look at options within 90 days. Voicingconce~n about timeframe, Mr. Silbiger did want a timeframe but it doesn't need to push the process. Mr. Barth is concern about interviewing at all until the committee has reached options. Mr. Mace is concern about the "public process" regarding possible changHs of AFN financials. Concern of potential business plans that become public. IMr. Tunebeq~ explained the guild lines for the meetings and public records. Mr. Barth asked that Tuneberg talk with the City Attorney regarding rules and regulations. It was requested for the City Attorney to attend the next meeting. III. D()CUMENTATION & RECORDS REQUESTS Discussion on documentation necessary for the committee to reach options. It was decided that an overview of Financial, Marketing and Technical reports will be provided at the next meeting. Mr. Barth requested information one week in advance of the next meeting. During a discussion on how to answer questions, it was determined the committee should email their questions via the requested list serve and staff will be prepared to answer the questions at next meeting or email the answer via the list serve, if a response is quick and ,easy for staff to obtain. Mr. Collins spoke about other cities that are selling cable and or internet and would like to get information regarding their issues. Mr. Mace would like comps from othHr Cities either from staff or the committee will dig deeper if needed. The committee requested a tour of the AFN Head-in with Richard and Mike Ainsworth. The committee members were asked to contract Mr. Holbo directly. MEETING LOGISTICS Discuss about the next meeting date, time and place - which will be August 1.5 @ 7:30 am, in the Siskiyou room, CDES Building, 51 Winburn, Way. Mr Donovan stated to try and keep meeting time to no more than an hour and 1/2. The committee request that materials to be presented a week prior the meeting, the comrnittee agreed to Mr. Mace's records request. PUBLIC INPUT There was no public Input. Mr. Tuneberg stated the committee should discuss the method of public input and could have study sessions without public input. Possible Special interest group - such as the ISP's and Programming committee. The meeting was adjourned at 12.47. Respectively Submitted, Cindy Hanks Project rv1anager Administrative Services Department AFN OPTIONS COMMITTEE MEETING AUGUST 15,2005- PAGE 1l OF4 CITY ~DF ASHLt\ND AFN Options Committee Meeting Minutes August 15, 2005, 7:30am Siskiyou Room, CDES Building, 51 Winburn Way CALL TO ORDER Lee tuneberg, Administrative Services and Finance Director called the AFN ()ptions Committee meeting to order at 7:35 am on August 15, 2005 in the Siskiyou Room of the CDES Building, 51 Winburn Way Ashland, Oregon. ROLL CALL & INTRODUCTIONS Committee members Barth, Collins, Donovan, Mace, Mackin, and Shultz were present. Councilor Russ Silbiger was present. STAFF PRESENT: MIKE FRAN ELL, CITY ATTO'RNEY MICHAEL AINSWORTH, CABLE TV MANAGER RICHARD HOLBO, TELECOMMUNICATIONS ENGINEER CINDY HANKS, PROJECT MANAGER BRYN MORRISON, ADMINISTRATIVE ASSISTANT ELECTION OF A CHAIR, VICE-CHAIR Paul Mace volunteered to be chair, Kevin Shultz second. Paul Collins nominated Michael Donovan/Rick Barth second. Committee voted for Donovan for chair: Barth, Collins, Donovan, Mace, and rv1ackin all Ayes~Motion passed. Mace will be vice chair. The Committee discussed the duties of:-~:", the chair and vice chair and determined that the Committee will set the agendas with support from staff. REVIEW COMMITTEE MINUTES Approval of minutes from August 2, 2005 meeting. Mr. Donovan/Mr. Mackin m/s to approve minutes as presented. All Ayes. PUBLIC INPUT Ed Kennedy- Mr. Kennedy stated that a marketing plan is needed. His concern is that there needs to be a strategic marketing plan and there Is no leadership. He felt AFI\J will continue to lose money and the consumer doesn't understand the product. He would likH to see it work and the City keep AFN. AFN OPTIONS COMMITTEE MEETING AUGUST 15,2005- PAGE 2 OF4 Thomas Gaffey, 680 Oak St- He stated that the City doesn't have a generally accepted accounting principal operating statement for AFN and using the figures that the City has is dangerous. He stated the operating statement needs to be analyzed and the City needs to look at sales rather than marketing. Art Bullock, 791 Glendower- He stated he is grateful to the Committee and they have difficult and important work. He is hopeful that they will produce realistic projections and sound financial models. He hopes they will produce what it is really going to cost, and who will benefit. He stated it is the Committees job to identify alternate financial options for AFN. Written testimony was submitted into public record. LEGAL TRj~INING & DISCUSSION Mike Franelll, City Attorney spoke to the public meetings and records laws. He stated that any time there" is a quorum, it is subject to public meeting taws and there. must be a notice provided to the news paper and minutes must be taken and produced in writing. He added that any notes taken are also public record. The Committee asked if would be appropriate for a smaller group to get together to discuss these issues. Mr. Franell responded that it is appropriate if not doing so as an official subcommittee. He also explained that it would be limited to hold an executive session and there is no provision for one. The Committee questioned if they would be able to discuss the possible salle of AFN. Mr. Franell responded that they could. The Committee questioned if there are restrictions for management personnel talking to third parties and proposing deals. Mr. Franell responded that they cannot make any binding commitments unless Council had authorized the manager to do so. The Committee questioned the fairness requirement for AFN and if a manager wanted to offer a new service. Mr. Franell responded iit would be subject to public bidding requirements and AFN must go out for a request for proposal (RFP). The Committee asked if there were restrictions on things that could be in the public bidding process. Mr. Franell responded that there is not and there are no restrictions on the sale of public services. The City only cannot sell for less than the fair market price. The Committee asked then how free months of service is given. Mr. Franell responded that it is legal if they show it as c:ommon practice in the industry. The Committee discussed one option to place AFN under another administrative body. Mr. Franell explained the relationship between the City and the Mt. Ashland Ski area and the Ashland Community Hospital. Mt. Ashland is a private not for profit, and 'are~;f)ot required to abide by public records laws. If the City structured AFN this way they would be required to have a public process. He added that there would be more stringent rules for a for profit agency. Th<<3 Committee questioned if the City would be liable for the hospital new construction debt. The City would be first then the insurance would provide second. AFN OPTIONS COMMITTEE MEETING AUGUST 15,2005- PAGE 3 OF4 The Committee questioned if the City supported the hospital with direct fund transfers. Mr. Tuneberg explained that there is no trading of dollars and the City would be able to issue bonds to the hospital if needed. The Committee questioned if the same would be true for Mt. Ashland. Mr. Franell explained that there is a statute that allows the financin~~ for the hospital but there is not one for the ski area. The Committee questioned if AFN was put into the same arrangement as the hospital, if it would be possible to transfer monies and what the reporting requirements would be. Mr. Franell responded that they could transfer funds and there would be a reporting requirement however the City does not monitor how funds are expended. Mr. Franell clarified that the City does~not own all the assets of the hospital only the land and buildings. The City owns the land and most of the fixtures at Mt. Ashland. If the ski area adds additional fixtures, they would become property of the City. The Committee asked if the City could sell the ski area. Mr. Franell responded that they could not, but could sell the assets. The Com'mittee discussed that the debt could be included'~if;:ArN'was'placed under another administrative body and spoke to the benefits of site visits. REVIEW DOCUMENTS The Committee asked about the progress of hiring an Information Technology Director and if the person would be hired before the Committee had made its recommendation. Mr. Tuneberg responded that the City is currently reviewing applications and no interviews had been set. The candidate will most likely be hired after the Cornmittee had finished its work. The Committee discussed the items presented in the packet. They spoke to the Navigant study and questioned if AFN had implemented any of the suggestions made and how much the study cost. Mr. Tuneberg responded that the study cost $90,000. Michael Ainsworth, Cable TV Manager responded that all of the suggestions 'were implemented however some were not realistic for Ashland. He added that th€!y would have liked to have had a full time salesperson to go door to door and the study found nothing that AFN was doing grossly wrong, just items that needed adjustment. The Committee questioned if cable rates had been increased and when. Mr. Tuneberg responded once in June 2004, 80/0 and once in February 2005, 6.60/0 and they are now looking at another increase. Councilor Russ Silbiger added that it was recomlmended that internet be raised 25-300/0. The Committee discussed that they would like a report from staff with the results of the recommendations from Navigant that were implemented by the City. The Committee discussed the overall market as well and would like staff to present a competitive market analysis. The Committee discussed the possibility of AFN becoming a retail Internet Service Provider (ISP). Richard Holbo, Telecommunications Engineer responded thajt the City would be able to provide the service with additional staff. Staff will present to the Committee the revenues and expenses associated with becoming a retaillSP. The AFN OPTIONS COMMITTEE MEETING AUGUST 15, 2005- PAGE 4 OF4 Committee questioned why the City had not before. Mr. Tuneberg responded that the City originally entered into a partnership with the ISP's for the customers benefit and top management made that determination. The Commi1tee discussed the possibility of implementing Voice over Internet Protocol (VoIP). Mr. Holbo stated that it would require a partnership for the City with another entity and they have tentatively explored the possibility with a couple of firms. He added that if the City wanted to move in that direction, they should have entered into it a few years ago and feels that it would be difficult to justify the expense now. Mr. Ainsworth agreed. The Committee would like staff to provide an operating statement showing the posslbility. The Commi1tee discussed that they should review how the market has changed since the Navigant study and would like staff to prepare the following: 1. Cost analysis of becoming a retaillSP 2. Cost analysis of VOIP 3. Possibility of a conversion to dct5000 plus or similar product and the cost over a three year period 4. Possibility of Video On Demand 5. Results of the recommendations from Navigant that were implemented by the City 6. Competitive rate analysis 7. Sumrnary list of contracts for AFN The Commi1tee discussed the benefit of having Dick Wanderscheid and Gino Grimaldi attend the rTleetings and asked that they be invited to the next meeting. The Commi1tee discussed the Programming Committees responsibility. Mr. Silbiger responded that they make recommendations at the tier level. NEXT MEETING(S) The next meeting will be September 8, 2005 at 7:30 am in the Siskiyou Room of the CDES Building. ADJOURN~nENT The meetin~, was adjourned at 9:23 am Respectively Submitted, Bryn Morrison Administrative Assistant Administrative Services Department AFN OPTIONS COMMITTEE MEETING SEPTEMBER 15,2005- PAGE 1 OF 4 CITY OF ASHLAND AFN Options Committee Meeting Minutes .' ... . Septem~er 15, 2005, 7:30am Siskiyou :room, 'CDES Building, 51 Winburn Way '" :.-: CALL TO ORDER Michael Donovan called the AFN Options Committee meeting to order at 7:3E; am on September 15, 2005 in the Siskiyou Room of the CDES Building, 51 Winburn Way Ashland, Oregon. ROLL CALL Committee members Barth, Collins, Donovan, Mace, Mackin, and Shultz wene present. Councilor Russ Silbiger was present. STAFF PRESENT: GINO GRIMALDI, CITY ADMINISTRATOR LEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE DIRECTOR RICHARD HOLBO, TELECOMMUNICATIONS ENGINEER CINDY HANKS, PROJECT MANAGER BRYN MORRISON, ADMINISTRATIVE ASSISTANT REVIEW COMMITTEE MINUTES Approval of minutes dated September 8, 2005 The Committee will approve the minutes at the meeting on September 26, 2005. COMMITTEE DISCUSSION The Committee discussed the options presented by Council and what their plan should be to address them. They also discussed the options that Councilor Hartzell presented. The Committee voiced that they see the option of pulling the plug as a last resort even though some of the Budget Committee supported that option. Don Mackin, Committee member stated that he would like the Committee to consider a role of AFN being a common carrier and a conduit and possibly leasing the facility to an operator. He sees this as a way to have cash flow to address the debt. Councilor Russ Silbiger.siate.d that Council does not see how AFN is run currently as a viable option for the future and something needs to change. The Committee asked staff how much money it would require to keep up with technology demands. Richard Holbo, Telecommunications Engineer responded roughly $100,000 per year. The Committee asked how much was budgeted in this fiscal year AFN OPTIONS COMMITTEE MEETING SEPTEMBER 15,2005- PAGE 2 OF 4 for it. Lee Tuneberg, Administrative Services and Finance Director responded it has been budgE~ted for $120,000-160,000 per year. Mr. Holbo added that AFN is encouraged not to spend it though. The Commiittee discussed the possibility of Wi-Fi service. They asked if it would extend serviceable areas. .Mr. Holbo responded that. it could.and wouJd CO$t for real wirel,ess $150-200 per subscriber and $1,000 for the antenna. The Commiittee discussed the possibility of running AFN as a utility and operating it as an enterprise. They added that if it is run as a utility, they would need to restructure what is charged for services and increase services. The Committee discussed how the management relationship would change if it was run as a utility and the possible separation of services. Rick Barth, Committee member added another option to pay down the debt could be a potential service charge to every piece of property. The Committee discussed that a rate commission would be needed to approve those fees. The Committee asked for the annual debt service requirement. Mr. Tuneberg . responded that this fiscal year it is $1.2 million, next year $900,000 and will eventually increase and stabilize at $1.4 million. The Committee asked what it would require to move the operation from the current facility. Mr. Holbo responded that it would basically be to move the head end and it would be very difficult and costly. Paul Mace, Committee member responded that if the City found a buyer they would actually buy a long term lease because it would not be feasible to rnove the operation. The Committee added that if someone were to buy it, they would actually be buying the conduit to send their single through. Mr. Holbo responded jlhat Charter would not; they would just buy to make AFN go away. They would not be able to buy the public right of way; they would have to rent it. The equipment 'Nould have to be sold separately and would be worth 10-150/0. The Committee discussed that the building that AFN is in also houses other departments; however they are not burden to that specific building. Those departments would require a large facility if moved. The Committee discussed how the market will become more competitive over the next five years. They added that the competitors will be able to buy goods and services at better margins than the City would be able to. They discussed if selling off pieces of AFN is an option and the effects that would have on the community~ Mr. Holbo explained that it would be difficult to separate out. Cable TV and internet work together and high speed data could stand alone. The Committee asked what high speed generated in revenue. Mr. Holbo responded $15,000 per month. The Committee discussed tl1e impact on smalJ businesses and the economic benefit of offering AFN. Gino Grimaldi, City Administrator responded that the City Council will address Economic Development and Social issues and the Committee didn't need to discuss them at this time. AFN OPTIONS COMMITTEE MEETING SEPTEMBER 15, 2005- PAGE 3 OF 4 The Committee discussed if there had been any interest from other cities in the valley to connect to AFN. Mr. Grimaldi responded that Central Point and Talent have expressed an interest in the past and the issue is the investment needed to get the line to each home. Mr. Holbo added that the Medford City Hall uses AFN. . The Committee discussedjhe need to establis.h a valuation of the components of AFN. Mr. Grimaldi suggested that the City look at using a broker to establish a value. Kevin Shultz, Committee member offered his service and background. The Committee determined that Don Mackin would also help to establish valuation. The Committee spoke of the benefits of speaking with other entities regardin~~ their operation. Rick Barth and Paul Mace will work together to speak to organizations including Mt. Ashland, Oregon Shakespeare Festilval and Ashland Community Hospital. The Committee discussed how they will deliver their recommendation to Council. Councilor Silbiger stated that he would like to see a spreadsheet presented ,,,,ith, quantifiable data on expenses, revenues, and debt load pertaining to the four options. Mr. Grimaldi added that a written report to support the matrix would be benefiicial. The Committee decided that Paul Collins will work with Councilor Silbiger to create a proposed matrix for the next meeting. The matrix will help the Committee dejtermine the needs of the outcome. The Committee discussed looking at the other cities that have been successful in , telecommunications and that Ashland may need to become more like them. ~lIr. Mace ..suggested putting these cities into the matrix to compare what they have done to what Ashland needs to do. Mr. Holbo stated that one difference with these cities is that the money was invested upfront and did not need to be borrowed. The Committee discussed what the investor's expectations were and if the people of Ashland would possibly see the debt as the initial investment required. The Committee added that starting and funding AFN was never voted on by the citizens. The Committee discussed the need to look at the managementstructure and what the Council's role is and the possibility of separating the business from the effects of political change. The Committee asked who they would need to talk to about those issues. Mr. Grimaldi recommended that they bring a recommendation to Council and staff could support with resources if needed. The Committee discussed inviting the ISP's and Hunter Communication to the next meeting. They discussed that they would like their input on the options that have been presented by Council and the possibility of AFN providing ISP directly. They also spoke about a time limit for the discussion. It was determined that the ISP's and Hunter would be invited to come to the meeting at 7:30, would be able to discuss issues for about an hour and it would be determined from that point if a longer discussion would Ibe required. They will also be informed that they can submit written material to tine Committee. AFN OPTIONS COMMITIEE MEETING SEPTEMBER 15,2005- PAGE 4 OF 4 Paul Mace asked to speak with Lee Tuneberg regarding materials that were requested at a previous meeting. Mr. Mace and Mr. Tuneberg will meet to discuss the items and services that represent internal resources and external purchases that make up the debt and will present back to the Committee. Mr. Tuneberg addressed the Committee and said that they are not creating subcommittE~es to work to address issues or make decisions; they are only asking members to work together on assignments. The Commi1tee asked staff to clarify the figures presented in the Cable TV Franchise report. Stafif will present at a future meeting. The Committee asked that the draft minutes and draft agenda be sent electronically to the Committee as soon as they are available for review. The Committee discussed that at the end of the next meeting, they will discuss iinviting the Programming Committee. NEXT MEETING(S) The next meeting is scheduled for September 26,2005 and the following for October 3, 2005 at 7:30 am in the Siskiyou Room of the CDES building. PUBLIC INPUT . Beryl Jacobson, 1330 Iowa St. - Mr. Jacobson congratulated the City, public, and . private businesses for having the passion to take this leap into business. He encouraged them to keep this in mind, that it was a passionate and informed leap. He added that they cannot predict the future of competition and to think that it will become , more difficult in the future is a fearful view. He feels that AFN was built with foresight and they need to continue to upgrade. He feels that the management of AFN needs to be assured that another Committee will not change the work of this Committee or Council. The City Council needs to give the management team a timeframe that crosses boundaries of their placement and that lasts over their terms in office. He feels that they are still within the timeframe of making a profit and the option of selling looks premature. He feels that cost separation of debt is crucial. He suggested that the ISP's may not want to talk to them and they would have come already if they did. He feels that OSF should be invited because they pushed AFN in the beginning and have not used it. ADJOURNI\~ENT The meetin~1 was adjourned at 9:35 am. Respectfully Submitted, Bryn Morrison Administrative Assistant Administrative Services Department ..-II I VI" ASHL)\ND Council Communication Ordinance Regarding Community Oriented Policing Meeting Date: Department: Contributing Departments: Approval: October 4, 2005 Admin ~ None Gino Grimaldi < Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Estimated Time: Gino Grimaldi grimaldg@ashland.or.us 30 minutes Statement: John Stromberg and Ralph Temple are the Co-Chairpersons of the Ashland Committee on Policing and Safety. They have requested time on the City Council Agenda to present and ordinance regarding community oriented policing. . Background: None Related City Policies: None Council Options: 1) Direct staff to place the ordinance on a future agenda 2) Form a Public Safety Committee and refer the ordinance to the committee 3) Do nothing Staff Recommendation: None Potential Motions: 1) Move to direct staff to place the ordinance on the agenda of _' 2) Move to direct staff to begin the process to form a Public Safety Committee and refer the proposed ordinance to the committee Attachments: Letter from John Stromberg and Ralph Temple presenting the proposed ordinance on Community Policing ~~, RALPH J. TEMPLE ATTORNEY AT LAW 150 Myer Cree,k Road Ashland, OR 97520 Member of Washington, DC Bar only 541-482-9868 541-488-4907 (fax) September 28, 2005 Mr. Gino Grimaldi City Manager Ashland, OR 97520 Dear Gino: Enclosed are two copies of the Ashland Committee on Policing and Safety's proposed Ordinance on Community Policing. We understand that this will go under New Business at the Council's October 4th meeting. As we have discussed with you, our committee would appreciate having 15 minutes to present our proposal and another 15 minutes to respond after others have commented on it, or along the way. We greatly appreciate the time and help you and the Mayor have giv.~n us in this effort. Sincerely, .R~X~ ..~j~~~~(J H The Ashland Committee on pOlibint/Ud Safety By: John Stromberg Ralph Temple Co-Chairpersons DRAFT 9/28/05 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO THE OPERATIONS OF THE ASHLAND POLICE DEPARTMENT Recital: A. There is a variety of policing philosophies and styles practiced in tlhe United States, ranging between two dominant models. The "Professional" policing model views the police force primarily as an enforcement entity, utilizing a paramilitary style to maintain order and driven by industry standards, technology and statistics. The "Community Policing" model views the police as primarily a service entity, connected by positive relationships with people while enforcing the law.. This model is driven by citizen satisfaction, community standards and collaborationt0;, set priorities and solve problems. Both models are "professional", the names are merely differentiating labels, and most police departments claim to incorporate both. In fact, one or the other usually predominates. B. The style of policing which is most appropriate to and supported by the community of Ashland is Community Policing. C. Community Policing, utilized by many police departments in one form or another, has numerous aspects and definitions. It is the purpose of this Ordinance to set forth the aspects and definitions which shall constitute the policing policy of the City of Ashland. D. Among the policies inherent in Community Policing are the following: 1. It is the responsibility of the community and the Police DepartmE~nt to maintain effective two-way communication channe1stoAdentify, define and monitor policing priorities, standards, and practices so that they conform to conlmunity values. 2. It is the responsibility of the Police Department to effectively connmunicate trends and needs that its staff detect through their work and to engage with officials and citizens to determine policing priorities. 3. It is the responsibility of citizens, the Police Department, and City officials to create and maintain mechanisms that guarantee that these communiGations occur, and that they include policy and strategic planning to establish goals that reflect community values. 4. The purpose of such communications is to ensure that officers have contact with a broad component of the community they police and that Gitizens understand what the police department staff is encountering in its wor~~. -2- THE PE'OPlE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: Section 1. Ashland Municipal Code Chapter _ is amended to read as follows: COMMUNITY POLICING SECTIC)N 1. The Adoption and Definition of Community Policing. . A. Adoption. Comlmunity Policing shall be the official policing policy of the City. B. G~eneral Definition. Community Policing constitutes a partnership, in which police officers conduct themselves as a part of the community, adhere to the highest professional and ethical standards, and thus earn the trust of the community, and in which community members demonstrate trust and support for the police. SECTIC)N 2. The Elements of Community Policing. A. Enforcement. Great reliance shall be placed on the individual police officer's communications skills in achieving citizens' voluntary compliance with the law. Officers shall exercise wise discretion, choosing enforcement options which match the seriousness of the situation. Police employment of harsh talk and physical force shall be minimized to the extent possible. Arrest shall be deemed a last resort in achieving compliance. B. Pn3sentation. Poliee officers shall treat all persons with respect, understanding, compassion, and friemdliness. Persons encountered in the course of violations shall also be so treated to the extent possible. C. SE~rvice. Polic:e officers shall encourage cooperation 'and elicit goodwill from the public by being approachable and receptive to citizens' requests for service and assistance. D. Nonviolent Methods. The Police shall train for, plan, and use nonviolent methods and nonviolent commUlnications: - 3 - 1. In dealing with public demonstrations, including those involving nonviolent civil disobedience; and 2. In dealing with and in achieving effective intervention with persons experienci~g symptoms of mental illness, drugs, or alcohol. E. Use of Force. Officers shall exercise great patience and restraint in the face of provocations. They shall resort to physical force only when achieving voluntary compliance is unsuccessful or when an imminent threat demands imnlediate action. Major emphasis is placed on abstaining from the use of lethal force except when it is clear there is no other way to prevent injury to police officers or others. F. Constitutional Rights. 1. Honoring and protecting Constitutional rights, as part of the oath of office, is the highest law enforcement priority. 2. Police officers shall not discriminate against any class of persons on the basis of age, race, ethnicity, sex, sexual orientation, or socioeconomic Glass. 3. Police officers shall be alert to perform their duties in such manner as to avoid even the appearance of the inappropriate use of coercion or intimidation, and shall not take action, including searches, unless they are lawful. 4. Even greater restraint in this regard must be exercised in dealing with people whose age, physical, socioeconomic, or mental status makes them vulnerable to police pressure. 5. The Police Department shall establish a system for monitoring and documenting the basis for searches. G. Non-Ashland Agencies Operating In Ashland. 1. Whenever law enforcement agencies from outside Ashland, other than those of the United States, operate in Ashland to reinforce, assist, or otherwise support the Ashland Police Department, the personnel of those agencies shall be subject to the command of the Ashland Police Department and subject to the provisions of this Ordinance. 2. Riot equipped law enforcement personnel shall not be deploYE~d unless there is a reasonable likelihood of violence. -4- SECTION 3. Implementation. A. Community Policing as set forth in this Ordinance shall be implemented by the forrrlulation and adoption of standards, criteria, procedures and processes which incorporate such policing into recruitment, training, performance evaluation, operational directives, supervision, correction, and discipline. B. 01fficers shall prioritize enforcenlent actions and their risks according to the degree that they jeopardize human safety or have been established as community enforcennent priorities. 'C. Training programs shall include, but not be limited to, these critical areas for all policE~ officers: - Customer satisfaction - Dealing with the mentally ill - Ilntegrity and Ethics - 'Verbal communications - IMulticultural competency - Stress management D. Managers shall receive in service training on topics that impact community policing, cultural diversity, and interpersonal relationships, in addition to building skills in organizational management and quality control. E. Recruitment and selection o"f new department employees shall be conducted only by managers who have established their understanding and commitment to Community Policing as defined in this ordinance. Similarly, training shall be conducted or overseen only by managers or agencies so committed. SECTIC)N 4. Community Support for the Police. A. The City shall provide the resources necessary for the Police Department to implemE!nt the requirements of this Ordinance. B. Community support for the police is demonstrated by courtesy, responsiveness, appreciation of the difficulties and hazards of policing, and readiness to assist police officers. C. The Public Safety Commission, if created, or another entity selected by the Mayor,'with the consent of the Council, shall monitor compliance with Community' Policing by both police officers and the Community, and periodically issue public reports, make recommendations, and take other actions designed to maintain such compliance. COMMUNITY POLICING: A NEW PARADIGM FOR THE ASHLAND POLICE DEPARTMEN'T A Report of the Ashland Committee For Policing And Safety Ralph J. Temple September 30, 2005 TABLE OF CONTENTS Introduction 1 '1. Police Culture: Professional Versus Community Policing 3 A. Police Culture 3 B. Changing Police Culture 7 2. The City's 2003 Choice Of A New Chief And A New Policing Policy 9 A. The Culture Of The Ashland Police Department 9 B. The City Chooses Community Policing 12 3. Resistance and Rebellion 14 4. The Proposed Ordinance: Defining And Implementing The Policy 16 Conclusion 20 Appendix 1: Members of the Ashland COrT1mittee On Policing And Safety Appendix 2: Proposed Ordinance On Community Policing Appendix 3: Letter Of The Police Association, "Vote Of 'No Confidence' In Chief Michael Bianca," July 1 0, 2005 COMMUNITY POLICING: A NEW PARADIGM FOR THE ASHLAND POLICE DEPARTMENT (g)Ralph J. Temple* September 30,2005 "Community policing has been the biggest paradigm shift in policing since American policing embraced the professional model of policing nearly a century ago. Community policing, in its ideal form, is not merely a means to address community concerns, but it is a philosophy that turns traditional policing upside down by e~mpowering line officers and the community to work in partnership to combat crime."1 Introduction The Ashland Committee on Policing and Safety (ACPS)2 presents this report to set out the importance of our proposed Community Policing Ordinance3 which would make Community Policing, as defined in the Ordinance, the officiial policing policy of the City of Ashland. The report consists of four sections: 1. Police Culture: Professional Versus Community Policing. 2. The City's 2003 Choice of a New' Chief and a New Police Culture. 3. Resistance and Rebellion. * Ralph J. Temple is an attorney who from 1966 to 1980 was legal director of the American Civil Liberties Union of Washington, DC; he is the author of "The Policing of Demonstrations in the Nation's Capital: Legislative and Judicial Corrections of a Police Department's Misconception of Mission and Failure of Leadership, 8 University of District of Columbia Law Review 3 (Fall 2004); and he served on one of the two community panels which in November 2003 participated in interviewing the four finalists for the selection of the new Chief of Police of Ashland. 1 West Jordan, Utah Police Department, www.wjordan.com. see "Home I PUBLIC SAFETY I Police I Community Oriented Policing I Community Policing in West Jordan." 2 Members of Committee listed in Appendix 1 of this Report; formation of Committee described at page 2, below. 3 The Ordinance is contained in Appendix 2 to this Report. -2- 4. The Proposed Ordinance: Defining and Implementing the Policy. On July 10, 2005, the Police Association, the union representing ~~4 of the non-management police officers in Ashland's 32-member police department, issued a five-page public statement entitled "'Vote of No Confidence in Chief Michael Bianca," calling upon the City to remove Bianca as Chief of PoliGe.4 The reaction was an outpouring of community support for the Chief, taking the form of two public demonstrations, petitions, a flood of emails to the Mayor and City Council, and numerous letters and columns published in the Ashland Daily Tidings.5 As part of that community response, a number of businesspersons, professionals, and others joined to form the Ashland Committee On Policing And Safety.6 We have reviewed the Police Association's report and the background leading up to it, met with city officials and rnembers of the Police Department, and researched some of the literature by police chiefs and other experts on policing. As set forth in this report, we conclude that the Police Association's action was a predictable response to the City's decision a year and a half ago, over the known opposition of a number of Ashland police officers, to select Michael Bianca as Chief. In that selection, the City Government was consciously choosing to adopt and reinforce Chief Bianca's Community Policing approach, in place of the 4 Letter contained in Appendix 3 to this Report; see, also, Jennifer Squires, Police Association's Grievances Have Been Around Since 2003, Ashland Daily Tidings, July 12, 2005, p. A-1 5 See, e.g., Jennifer Squires, Bianca Basks In Support, Diverse Crowd -- From Councilors to Homeless -- Comes To Plaza For Embattled Ashland Police Chief, Ashland Daily Tidings, July 14, 2005, p. A-1; Leah Ireland, Bianca's Policing Style Is What Ashlanders Want, Ashland Daily Tidings Guest Forum, July 13, 2005, p. A- 4; Jennifer Squires, Bianca Debate Shifts To Police Image, The Ashland Daily Tidings, July 26, 2005, p. A-2. 6 See John Darling, APD: Protect, Serve, Mediate? Ashland Citizens Group Wants Community Policing Policy To Be Adopted By Council, Medford Mail Tribune, September 15, 2005, p. B-1. - 3- more standard "professional" approach that characterizes most of the nation's police forces. More importantly, the City was mandating Chief Bianca to change the culture of the Ashland Police Department. In asking the Chief to change the philosophy, style, and culture of the police force, the City was imposing on him a formidable task. It was known that the Chief would encounter resistance, and that, sooner or later, the City government and the community would be called upon to support his effort. The time has nO'N come to begin providing that support in the form of the proposed Ordinance on Community Policing, which: (1) Establishes Community Policing as the official City policy; and (2) Mandates the allocation of the resources, and the institution of recruitment, training and operational standards, designed to implement that policy.7 1. Police Culture: Professional Versus Community Policinq. A. Police Culture. There are two dominant and divergent styles of policing in the United States. "Professional Policing" emphasizes an authoritarian, militaristic, and t€~chnological approach to law enforcement. The "Professional" policing model views the police force primarily as an enforcement entity, utilizing a paramilitary style to rnaintain order, and driven by industry standards, technology and statistics. Professional Policing and its concomitant separation from the community -- all too often, alienation -- is the dominant style and culture in the United States.8 The culture is one in which officers tend to see themselves as separate from the community, as 7 Proposed Community Policing Ordinance, Appendix 2. 8 See, e.g., The Perry Community Oriented Policing Forum, at http://www.perrypolice.com/community_policing.htm; New Jersey State Police, Community Oriented Policing Mission, at http://www.njsp.org/info/comnl.html; Bonnie Bucqueroux, Community Criminal Justice: What Community Policing Teaches, at http://www.policing.com/articles/ccj.html; Interview with Chiief Bianca. -4- a detached enforcement agency. Emphasis is placed on control, officer safety, and a "no-nonsense," zero-tolerance enforcement mode.9 In the culture of "Community Policing," on the other hand, emphalsis is placed on integration of members of the department into the community, as neighbors, friends, helpers. Officers, identifying themselves with the people, are thereby supposed to be more able to exercise compassion and restraint and to exhibit empathy even when dealing with difficult people and situations. The Community Policing model views the police as primarily a service entity, connected by positive relationships with people while enforcing the law. This model is driven by citizen satisfaction, conlmunity standards and collaboration to set priorities and solve problems.10 Some observers tend to minimize the difference between the two modes.11 There are, of course, gradations between these two polar opposites, and most police departments claim to incorporate elements of both. Naturally, "professiol'1als" want to be seen as "community" police, and community police want to be seen as professionals. As descriptors of policing philosophies and styles, the labels represent opposites at their outer ends, and there is an entirely different character to those departments truly committed to community policing. What defines each of them, more than any specific set of structures, policies or 9 Ibid. 10 Ibid. 11 See, for example, Editorial, The Medford Mail Tribune, September 16, 2005, endorsing the proposal of a Community Policing ordinance for Ashland, but erroneously stating: "We agree that ....... [the Community Policing] model suits Ashland well. But we'd go beyond that and say it's a model that suits all police departments well. And it's a model that many departments, including Ashland, already embrace." This statement fails to recognize that Community Policing is a culture of policing, and that neither Ashland, nor any other police department in Oregon, has fully implemented it. See, for example, Editorial, Restore Porlland's Community Policing, Chief Derrick Foxworth and Mayor Tom Potter Must Explain, Concretely, How They Plan To Make It Happen, The Oregonian, Septennber 19, 2005. -5- practices, is the cultures of policing and police officers that are engendered and sustained by each. Americans tend generally to respect and admire police officers, and to recognize the many acts of police heroism, compassion, assistance and service that occur each year. Nonetheless, Joseph D. McNamara, former police chief of Kansas City, Missouri and San Jose, California, reports that there has been a diminution in police credibility.12 He ascribes this to the "get tough" policies of such leaders as former Mayor Rudolph Giuliani of New York City, who ordered a police crackdown on even minor violations: "Amid this climate of a 'war' on crime and drugs, many New York cops do not see local citizens as allies against crime but rather as individuals needing to be firmly controlled by the police."13 Chief McNamara reviews the sensational police shootings, sometimes brutalizations, of innocent citizens, during the Giuliani administration, and the resulting protests and community turmoil. He notes: "The mayor and his police commissioners are experiencing the Iresults of creating a zero-tolerance police culture. "14 He concludes: "Police..... are public servants who maintain order and enforce the law. They are never right in viewing any group in society as the enemy."15 Yet all too often, according to another policing expert, John Genti!le, police officers do view the public, or at least substantial portions of it, as "the enemy." 12 Joseph D. McNamara, How To Police The Police (Hoover Institution 1999) at p. 1, available at http://www.hooverdigest.org/994/mcnamara.html. 13 Ibid, at p. 2. 14 Ibid. 15 Ibid, at p. 3. -6- This attitude does great damage to the police department's fulfillment of its mission .16 Gentile notes: "The most frequent criticism of police practitioners by the public and by minorities in general relates to arrogance, 'attitude' and discourtesy, all very often precursors to more predatory misconduct and corrupti?n."17' Chief McNamara also emphasizes attitude: "In many cities today, overbearing policing has greatly reduced police credibility. " * * * * "[B]ad police shootings and instances of police brutality do not take place in a vacuum. They ferment in negative police culture thriving on overheated rhetoric that describes cops as 'soldiers' in 'wars' against crime and drugs. "18 Once such a negative culture becomes entrenched in a police department, that culture is not easily changed. The existing culture pre-empts training, rules, and even court decisions in dictating police attitude and practices.19 The pressure on new recruits to conform to the existing culture within a department is overwhelming.20 Unfortunately, police unions generally add to the pressures to maintain the existing culture, with all its alienation and corruption, by resisting reform efforts.21 A key driver of the "war" mentality culture is a counter-productive focus on the dangers of policing. Of course, there are dangers involved in policing, officers 16 John Gentile, Free Donuts and More: A Commentary on Police Misconduct and Corruption, at p. 3 available at http://www . com m u n itypolici ng. org/p ub lications/a rtbytop/w2/w2 -gent. 17 Ibid at p. 4. 18 McNamara, supra, note 12 at pp. 1, 4. 19 See Community Policing Consortium, Integrity For A Community Policing Environment, p. 1, available athttp://www.communitypolicing.org/pflintegrity/sec5.html; Police Foundation President Hubert Williams commenting on the Foundation's study, The Abuse of Police Authority: A National Study of Police Officers' Attitudes, reported iin Mary Malina and Karen Handford, U.S. Police Views on Abuse of Authority R~9ported, p. 1, available at http://www.policefoundation.org/docs/abuse0701.html. 20 Community Policing Consortium, supra, note 19, at p. 3. 21 Ibid. -7- must be trained to be alert to such dangers, and the community must be~ ready to support officers when they have to resort to force. But, as Professor of Sociology AnnJanette Rosga of the University of Colorado reports, studies show that the emphasis on danger can be blown out of proportion, unduly preoccupying and obsessing patrol officers, and prompting them to aggression and excessive reactions.22 Professor Rosga also notes that, all too often, precipitous or overly aggressive police actions occurring beforehand unnecessarily place thE~ police in positions where they are compelled to use lethal force.23 B. Chanaing Police Culture. In contemplating the immensely difficult problem of changing the culture of a police department to make it more compatible with the community it serves, one political commentator, has, if somewhat acerbically, properly put the onus on city governments: "If the city council and the mayor must not tell the police chief ho"" to do his job, who shall? ......[P]lease don't tell me its the city manager. We know that psalm too well, "Oh, I wouldn't want to make such an important decision without clear guidance from the council," the manager shall say. And the council shall respond: "Oh, we don't want to pre-empt the city manager's prerogatives."........ The structural problems in city government reflect the cultural problem: We don't know who should be in charge. And that enables the police culture that says nobody should be in charge of us, because we're in charge. "24 The responsibility for change begins at the top. City governments should make clear the style, philosophy, and culture of policing the community desires. 22 AnnJanette Rosga, Denver Post, July 2003. Professor Rosga notes that of the average 79 police officers killed in the line of duty each year, more than half die in traffic accidents, most in unnecessary pursuits. She also cites statistics showing that the job-mortality rate of policing is equivalent to that of electricians, that farm workers and roofers are twice as likely to die on the job, pilots six times as likely, fishing industry employees eight times as likely, and that grocery workers, taxi drivers and bar and restaurant employees are more likely to be murdered on the job. 23 Ibid. This apparently is what occurred in the Dirk Binder episode. SI3e discussion below at p. 19 and note 48. 24 Jim Schutze, Royal Police, The Dallas Observer, July 22, 2004. - 8 .- The chief of police should then implement those policies through recruitment, training, performance evaluation, supervision, and correction and disciplinary policies. As Gentile puts it: liThe challenge to the police executive is to change the image, and, where necessary, rehabilitate the department. Training, retraining, and :swift internal discipline must be essential components of such rehabilitation. "25 Policing experts thus recognize the power of police culture, but ernphasize that proper role models and training can change that culture. Again, Gentile states: "While recruit and in-service training cannot provide a substitute for street experience, it can provide near-to-life scenarios in a classroom setting using drama-based participatory exercises. Such training must demonstrate and convince the officer of the importance of attitude, understanding, respect and integrity, as well as the significance of words, tone, and body language in dealing with the multicultural and pluralistic community that he or she serves. "26 Gentile emphasizes the importance of training officers in how they perceive and use the unique powers conferred on their positions: "Officers should be instructed in what is expected of them as street ambassadors and in how to properly exercise their authority, ho"" to conduct themselves in public, ....... achieve a proper attitude in dealing with the public, speak to citizens and criminals, de-escalate confrontations, be aware of and sensitive to diverse cultural lifestyles in the multicultural community that they serve, problem solve, and recognize and resist temptations to abuse their authority...... "27 He stresses that training, supervision, and discipline that presents and sustains "proactive initiatives and models"1 are crucial. Once the community, through its policy-makers, provides the direction, the role of the police department management team is critical: "The roles of first-line supervisors and mid-level managers are critical ..... First line supervisors and mid-level managers must be trained so they can provide necessary leadership and skills. On a daily basis the challenge to the supervisor or manager is to lead by example. The first-line supervisor 25 Gentile, supra, note 16, at p. 3. 26 Ibid, at p. 4. 27 Ibid, at p. 3. -9- (Le., sergeant) must set the tone for the patrol officers in all matters ........ A sufficient number of first-line supervisors and mid-level managers must be able to articulate the vision and goals of the department, and they must be trained in cutting-edge topics that impact community policing ......."28 In sum: (1) It requires powerful and forceful police leadership to transform a police force from the dominant negative culture of "us versus them" to true "Community Policing"; (2) That leadership must be prepared to face and overcome resistance from within the department, including from the police union; (3) The resistance is likely to include the themes that policing is extremely dangerous and that the attempts to change attitudes and practices undermine morale, endanger the officers, and jeopardize public safety; and (4) The management team is the instrument that will make or break the effort tQi change the department's culture. A thorough understanding of this background is an essential foundation for the response of policy-makers to the recent rebellion within the departrnent against Michael Bianca's leadership role as Ashland's chosen Chief of Police. 2. The City's 2003 Choice of a New Chief and a New Policing Ptolicy. A. The Culture of the Ashland Police Deoartment. For many years there has been a tension within the Ashland Police Department, as there is in many of the nation's police departments, between the cultures of "Professional Policing" and "Community Policing. "29 Current department training, recruitment and accreditation, reflect significant elE~ments of the mode of Professional Policing. On the other hand, in Ashland, a sn1all, close- knit, largely crime-free community, the people expect police officers to be friendly, respectful, and able to nuance their response to the nature of the behavior they encounter. 28 Ibid, at p. 4. See, also, Community Policing Consortium, supra note 19, at pp. 5-7. 29 Interview with Chief Michael Bianca. -10- The department has struggled with a split personality for more than 15 years. Some of the police officers fit the mold of the culture of Community Policing, many do not, and some may embody a mix of the two cultures. The previous police chief subscribed to the Professional Policing model and so structured the department. The State Police Academy imparts that model. New officers spend significant time being supervised and enculturated by fellow officers, with very little time devoted to establishing connections with the community. The existing Professional Policing culture, when supported by the management teanl, suppresses the natural inclination of most new officers to adapt to the environment of the town they serve, and makes it difficult for new recruits to adhere to a Community Policing style. 3D Ashland police officers have demonstrated over a period of years their commitment and effectiveness in enforcing the law. Ashland is a low-crime town, but crimes are occurring almost daily, and the Police Department does its job of apprehending criminals and maintaining order. At the same time, there are areas where the Ashland Police Department's policing style is contrary both to the culture of the City of Ashland, and to the culture of Community Policing. The problem manifests in an unnecessarily hard edge in the attitude, manner, and actions of a number of officers. This report will highlight only two of the areas where this behavior has been manifested. The first is the treatment of teenagers and other youths. Far too rnany parents complain of their sons and daughters being harassed by Ashland officers. This usually takes the form of stopping the youths and questioning thenn, 3D This appears to be the case of the rookie police officer who is the subject of the Police Association's complaint that Chief Bianca kept extending the rookie's chances to win favorable evaluations. See Appendix 3, at p. 2. Eventually, the unfavorable evaluations of his performance forced the Chief to dismiss him. But Chief Bianca candidly acknowledges that the candidate was an ideal Community Policing officer. Interview with Chief Bianca. - 11 - sometimes searching them or their vehicles, without real justification. Sometimes it appears the officers are on a fishing expedition for some relatively minor infraction, and, of course, occasionally the officers discover a minor violation and issue citations. It is contrary to the community interests in encouraging respect for the law, and for police officers, to have the police regularly stop and question the young, simply because they are young, in the expectation of finding somlething. Yet Ashland officers receive training in "Beyond the Ticket," a process used to convert a minor or marginally justified stop into an open ended search or sobriety test.31 So-called consensual searches are heavily relied on by Ashland officers in this practice. The courts have ruled that even if there is no legal basis for a search, if someone voluntarily consents to it, such consent makes the search legal. Such searches are not being monitored to deterrnine whether they are truly voluntary, or whether the subject is being intimidated. Heavy reliance on consensual searches following minor offenses, and the frequent complaints of harassment by those not found to be committing any offenses, indicate a police practice unacceptable to the City. Second, the police in general, including Ashland police, tend to overreact to demonstrations and demonstration-related conduct. In March 2003, a ~Jroup of non-violent citizens, many of them boys and girls, junior and high school students, chanting in front of the Ashland Armory, were confronted by a contingent of riot-clad officers, borrowed from an out-of-town police department, armed with large riot WA..5 clubs. There"o justification to deploy so threatening a show of force, and had the riot squad attacked and caused injuries, the City could have faced millions of dollars of potential liability. There have been a number of other precipitous and unwarranted police actions during Ashland demonstrations. 31 See the "Beyond the Ticket" training by the Oregon State Police, at http://www . n htsa. dot. gov Ipeop le/inj u ry/enforce/Beyondl -12- In both these areas, an unnecessarily aggressive style of policin!9 represents a serious disconnect between the Police Department and the community that violates the most fundamE~ntal principles of Community Policing. B. The City Chooses Community Policing. In August 2003, Scott Fleuter, who had been Ashland Police Chi€~f for six years, resigned due to the health problems of living with lupus. Lieutenant Michael Bianca applied for the position of Chief of Police. Rich Walsh was appointed Acting Chief because he announced he was not going to apply for the position.32 In recognition of the existing tension between Community Policing and the predominant style of Professional Policing, the City's 2003 hiring process for Police Chief specifically emphasized the irnportance of candidates with experience in Community Policing. The City retained the firm of Shannon Executive Search of Sacramento to assist in seeking candidates. Shannon emphasized in its brochure to potential applicants that candidates should have "a strong community oriented emphasis," a "history which reflects a common set of values alnd priorities in sync with the community," exhibit "innovation not bound by a traditional mindset," and be ready to work with the community "'in defining community oriented policing for Ashland."33 Shannon located 68 applicants for the job, and, out of that pool, selected fourteen for the City Administrator, Gino Grimaldi, who had taken office iin January 2003, to consider. Mr. Grimaldi chose fOLlr for final consideration: Lieutenant Mike Bianca, with 17 years experience on the Ashland police force; Frank Manson, police chief in Williams, Arizona (pop. 5,0(0); James Zoll, assistant police chief in Chula Vista, California (pop. 200,000); and Alan Pepin, interim chief in Omaha (pop. 375,000).34 32 Bill Choy, Police Chief List Is Short, Four Candidates Advance To Finalist Status For Position, Ashland Daily Tidings, October 25, 2003, pp. 1, 3. 33 Shannon Brochure For Position of Chief of Police of Ashland, Oregon. 34 Choy, note 32, above. -1~~- The four finalists were then interviewed individually by two independent community panels, each made up of representatives of the City Council and local organizations, including the Chamber of Commerce, the Oregon Shakespeare Festival, Southern Oregon University, the Ashland School District, the Police Association, the American Civil Liberties Union, Peace House, and others.35 The panels discussed their impressions of the candidates, first among themselves, then together with each other and Mayor DeBoer and the City Administrator. The final selection was made by Mayor DeBoer, with ratification by the City Council. 36 In the discussions that took place during the interviews, within each community panel, and among the two panels, the City Administrator and the Mayor, it was evident that the major emphases were on management skills and community policing. Ultimately, Mike Bianca was chosen, despite opposition from within the Ashland Police Department, because of his knowledge of the community, his broad-based support within the community, and his ennphatic embrace of Community Policing.37 Concern was expressed among some involved in the selection process that the new Chief would face resistance from those within the police department, both management as well as rank and file, who strongly adhered to "Professional" vs. "Community" policing. It was recognized that the Chief would need strong community support to eliminate the tension between factions and imb!Je the department with a unified commitment to the style and culture of Comrnunity Policing.38 35 Ibid. 36 The author, as a member of one of the panels (see note *, above). 37 Ibid. 38 Ibid. -14- 3. Resistance and Rebellion. It is against this background that we of ACPS have studied and analyzed the Police Association's July 10th call for Chief Bianca's removal, and other information gathered through interviews with Chief Bianca, members of the Police Department, and city officials. A careful analysis of the Police Association's July 10th letter39 reveals that discontent with the Chiefs Community Policing approach permeates thE~ letter. This conclusion emerges from five factors. First, there are only four specific personnel actions by the Chief that are challenged, two of which on their face do not appear meritorious, and the other two appear to be matters easily resolved through personnel procedures.4o Second, three of the four personnel complaints appear to involve a difference in judgment about the worthiness of police officers to be on the force or to be promoted.41 No facts were produced that suggest the Chief's deGisions were arbitrary, and, naturally, in a command structure, the Chiefs judgment \lvill usually prevail. The issue does not warrant a dernand for the Chief's removal.42 Third, complaints and threats of "no-confidence" votes over staffing levels and rank structure,43 while raising potentially legitimate issues, are neiither new nor unique to Chief Bianca's administration, and can be handled throu~lh ordinary city processes. They do not support a demand for the Chief's removal. Fourth, Section 1 of the Association letter, entitled "Police Tactics and Safety," concludes by stating: "The membership feels that when they dOl have to resort to the use of lethal force to protect themselves or another person, they would 39 Appendix 3. 40 Ibid, at pp.. 2-3. 41 Ibid. 42 See, also, the discussion at p. 10 and note 3D, above. 43 Ibid, at p. 3. -15- have no support from the Chief or from the City. "44 There is no evidence~ to support that contention. The community is committed to officer safety, and also to citizen safety. Naturally, officers should have clear justification before killing anyone. Fifth, in Section 4, entitled "Leadership," the Association complains that Chief Bianca does not communicate well, is not "loyal" to his officers by backing them up against criticism, and that he ostracizes and punishes those vvho disagree with him.45 There are appropriate channels for complaints about communications and unfairness; the expectation that the Chief will always be "loyal" to his officers is unreasonable. Most telling, in this context, is the unexplained assertion that "[The Ashland Police] Department has become the laughing stock of police agencies throughout the State. "46 We believe that the discontent reflected in the Association letter arises from those officers who demand a style of policing that is as "tough" as that which predominates in the Medford, Grants Pass, and other police departments in the State. In short, it suggests an unwillingness to embrace the assurTlptions behind Community Policing. That theme permeates the Association's Iletter. Finally, it is unlikely that a rank and file rebellion, such as the one that has occurred, would have taken place if the management team had been fully committed to, and skillfully implementing, the changes in police practic1es and culture that Chief Bianca was appointed to bring about. In light of the pivotal role played by mid-level and front-line managers in the transformation of a police department's culture, Chief Bianca's most important duty under the proposed Ordinance on Community Policing will be to ensure that his management team is unequivocally committed to that model and culture. 44 Ibid, at pp. 1-2. 45 Ibid, at p. 4. 46 Ibid. -1E)- In sum, we conclude that the Police! Association's complaint is a direct result of efforts by Chief Bianca to change the style and culture of policing in the Ashland Police Department. That is why it is essential that the City now enact the proposed Ordinance which formally adopts the model of Community Policing and requires its implementation. 4. The ProDosed Ordinance: Defining and ImDlementing the Policy. The proposed Community Policing Ordinance begins with an introductory recital that describes Professional and Community Policing, states that the latter is most appropriate for Ashland, and states that the purpose of the Ordinance is to spell out what Community Policing requires of the community and of thE~ police in the City of Ashland. The recitals emphasize, particularly in Sub-sections 0.1 and 0.3, that the community is entitled to the policing priorities, practices, and goals that it wants. There follow four operative sections: 1. The Adoption and Definition of Community Policing. 2. The Elements of Community Policing. 3. Implementation. 4. Community Support For the Police. Section 1 adopts Community Policing as the official policy of the City, and provides the general definition: "Community Policing constitutes a partnership, in which police officers conduct themselves as a part of the community, adhere to the hilghest professional and ethical standards, and earn the trust of the cornmunity, and community members demonstrate trust and support for the police." Section 2, "The Elements of Community Policing," states the actiions required of the police under each of seven aspects of policing: A. Enforcement B. Presentation C. Service D. Non-Violent Methods E. Use of Force F. Constitutional Rights G. Non-Ashland Agencies Operating In Ashland. -17- In each of these aspects, emphasis is placed on police employment of the least intrusive and least aggressive actions necessary to bring about compliance with the law. These provisions are designed to expand the officers' ranfle of options by prompting them to go beyond enforcement actions, and to see their role as problem-solvers rather than merely enforcers. For example, under enforcement it is required that officers place "great reliance" on communications skills, that enforcement action shall be "tailored" to the seriousness of the situation, and that arrest be employed only as a last resort. Similarly, under "Use of Force," the ordinance requires officers "to exercise great patience and restraint in the face of provocations," to use physical force only when necessary, and to use lejthal force only "when it is clear there is no other way to prevent injury to police offiGers or others. " In a sense, these are standards that are supposedly already in p1lace; but, given the continuum of factors which may call for aggressive action, these provisions in the Ordinance are meant to encourage officers to increase the threshold for more aggressive action from, say, a 10 or 30% level of necessity, to a 70 or 900/0 level. Of course, officer judgment is always necessary and rnust be given the benefit of the doubt, and these judgments do not lend themselves to mathematical certitude. The Ordinance strives for a philosophy, a minclset, a perspective to contextualize and enculturate the officers' judgments. Under "Constitutional Rights" the ordinance establishes that honoring such rights "as part of the oath of office, is the highest law enforcement priority," requires officers to avoid even the appearance of inappropriate coercion or intilTlidation, and also requires them to exercise even greater than usual restraint in this regard when dealing with people "whose age, physical, socioeconomic, or mental status makes them vulnerable to police pressure." A system for monitoring and documenting the basis for searches is also required. -18- Finally, under the "Elements" section, subsection G provides that out-of- town law enforcement agencies which operate in Ashland to support the Ashland Police Depart shall be subject to the comnland of the Ashland Police D43partment, and subject to the provisions of the Ordinance. Section 3, "Implementation," commits the City to provide adequate resources for implementation, and requires the institution of necessary recruitment, training, performance evaluation, and supervisory standards and procedures. Emphasis is placed on the role of the management team in Subsections D and E. Section 4 calls upon the City to adequately finance the department, the community to respect and support the police, and a Public Safety Comrnission or some other entity to be established to review and regularly report on compliance by both the community and the police. Some members of the Police Association have expressed their disappointment with the proposed Ordinance. They have stated that it is unnecessary because the elements of policing set out in the Ordinance are too vague to resolve specific issues and are in any event the current policy and practice of the department. As emphasized in this report, we believe that this department currently adheres more closely to the harder-edged model of what is generally labeled "Professional Policing," and this is illustrated by the hvo areas of enforcement criticized in this report,47 which epitomize the difference between the "Professional" and "Community" policing styles and cultures. The same critics have emphasized that the proposed Ordinance does not deal with the Association's criticism of Chief Bianca's management pelformance, and their claim that this endangers the officers' lives. As discussed in the report, 47 See pages 10-12, above. -19- we believe there is no evidence to support those claims, and that the Association's letter is actually a challenge to Chief Bianca's community policing policies.48 Police Association members also have contended that, while police officers will be held accountable for failure to comply with the provisions of the C~rdinance, there are no corresponding mechanisms for holding members of the community accountable. One example provided was that of an officer who, after an exhausting chase in 11 O-degree weather, apprehended and handcuffed a felon. As the two waited for police transportation to arrive, a woman approached, and said to the captured man, "'I will pray for you," offering him water. The officer told us, "I was standing there in my heavy uniform with all mlY equipment, clearly tired CJlnd perspiring, yet the lady offered me no praYE~r or water." This is unconscionable community conduct, and, while there can be no disciplinary or enforcement system for the kindness, gratitude, and respect that police officers have a right to expect, the JT10nitoring agency to be establiished under Section 4.C of the Ordinance should devise methods to publicize and challenge such weaknesses of community responsibility, and to encourage the community to keep up its end of the partnE~rship. In the end, this Ordinance comes down to a mandate to the Chief of Police to build a police force that is harmonious with the culture of Ashland, where the law is enforced and order maintained, but in an atmosphere of police operations that harmonize with that of the community. Other communities, such as West Jordan, Utah, have succeeded with Community Policing, and, it is probable that, with 48 See pages 14-16, above. The Police Association's letter of July 10, 2005, complained of two incidents involving dan~Jer, most notably that of Dirk Binder, a young man who, while off his medications" threatened the Chief and other officers with a large knife. The Association alleged that Chief Bianca mishandled the situation, endangering himself and other officers. See Appendix 3, at p. 1. An investigation by the City Manager did not substantiate that accusation. See Jennifer Squires, Ashland Police Get Passing Grade, City Administrator Says APD Handled Standoff Correctly, Ashland Daily Tidings, June 30, 2005, p. A-1. -20- proper recruitment, training, and performance evaluation standards, and! with a management team committed to the philosophy, the Ashland Police De~partment, too, can achieve success. When that is achieved, rowdy youngsters and others will still be admonished, cited, or arrested, but non-offenders will no lon!ger be harassed by unwarranted stops, questionable "consensual" searches, and unnecessary authoritarianism. In response, we believe that appreciativ~3 citizens will, through offers of "prayer and water," or simple smiles and courtesi~es, let officers know how much they are appreciated. Conclusion. As noted earlier in this report, in seeking a new police chief in 2003, the City sought candidates with "a strong community oriented emphasis," a "history which reflects a common set of values and priorities in sync with the community," and who exhibit "innovation not bound by a traditional mindset," and were ready to work with the community "in defining community oriented policing for Ashland."49 After a nation-wide search, and an elaborate process of evaluation of candidates, the City chose Michael Bianca as the one who most fit that description. So certain was the community, that it made that choice despite the kno\lvn opposition of a significant number of members of the Police Department. The City also knew that when Chief Bianca began to change the department's philosophy, style and culture, he would encounter resistance, and that the communiity would have to come to his support. The City's commitment to Community Policing, and its implicit promise to support the change, has been called upon. This proposed Ordinance on Community Policing is the first step, and as community representatives, we call upon the City to enact it. 49 See p. 12, above. APPENDIX 1 The Ashland Committee on Policing and Safety John Stromberg - Business and Managen1ent Consultant: Co-Chair Ralph Temple - Attorney: Co-Chair Dot Fisher-Smith - Activist Daniel Greenblat - Owner, Greenleaf Restaurant Larry Medinger - Developer Shirley Patton - Actress Ric Sayre - COOP Employee Connie Shadle - Owner, Bugaboo of Ashland Jane Stromberg - Artist Juli Teitelbaum - Owner, Perfect Solutions and 250 Main Erik Wallbank - Chair, COOP Board of [)irectors APPENDIX 2: PROP()SED ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO THE OPERATIONS OF THE ASHLAND POLICE DEPARTMENT Recital: A. There is a variety of policing philosophies and styles practiced in the United States, ranging between two dominant models. The "Professional" policing model views the police force primarily as an enforcement entity, utilizing a paramilitary style to maintain order and driven by industry standards, technology and statistics. The "Community Policing" model views the police as primarily a service entity, connected by positive relationships with people while enforcing the law. This model is driven by citizen satisfaction, community standards and collaboration to set priorities and solve problems. Both models are "professional", the names are merely differentiating labels, and most police departments claim to incorporate both. In fact, one or the other usually predominates. B. The style of policing which is most appropriate to and supported by the community of Ashland is Community Policing. C. Community Policing, utilized by many police departments in one form or another, has numerous aspects and definitions. It is the purpose of this Ordinance to set forth the aspects and definitions which shall constitute the policing policy of the City of Ashland. D. Among the policies inherent in Comrnunity Policing are the following: 1. It is the responsibility of the community and the Police Department to maintain effective two-way communication channels to identify, define 81nd monitor policing priorities, standards, and practices so that they conform to comlmunity values. 2. It is the responsibility of the Police Department to effectively corrlmunicate trends and needs that its staff detect through their work and to engage 'Nith officials and citizens to determine policing priorities. 3. It is the responsibility of citizens, the Police Department, and City officials to create and maintain mechanisms that guarantee that these communications occur, and that they include policy and strategic planning to establish goals that reflect community values. 4. The purpose of such communications is to ensure that officers have contact with a broad component of the conlmunity they police and that citizens understand what the police department staff is encountering in its work.. -2- THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: Section 1. Ashland Municipal Code Chapter _ is amended to read as follows: COMMUNITY POLICING SECTION 1. The Adoption and Definition of Community Policing. A. Adoption. Community Policing shall be the official policing policy of the City. B. General Definition. Community Policing constitutes a partnership, in which police officers conduct themselves as a part of the community, adhere to the highest professional and ethical standards, and thus earn the trust of the community, and in which community members demonstrate trust and support for the police. SECTION 2. The Elements of Community Policing. A. Enforcement. Great reliance shall be placed on the individual police officer's commlunications skills in achieving citizens' voluntary compliance with the law. Officers shall exercise wise discretion, choosing enforcement options which match the seriousness of the situation. Police employment of harsh talk and physical force shall be minimized to the extent possible. Arrest shall be deemed a last resort in achieving compliance. B. Presentation. Police officers shall treat all persons with respect, understanding, compassion, and friendliness. Persons encountered in the course of violations shall also be so treated to the extent possible. c. Service. Police officers shall encourage cooperation and elicit goodwill from the public by being approachable and receptive to citizens' requests for service and assistance. D. Nonviolent Methods. The Police shall train for, plan, and use nonviolent methods and nonviolent communications: -3- 1. In dealing with public demonstrations, including those involving nonviolent civil disobedience; and 2. In dealing with and in achieving effective intervention with persons experiencing symptoms of mental illness, drugs, or alcohol. E. Use of Force. Officers shall exercise great patience and restraint in the face of provocations. They shall resort to physical force only when achieving voluntary compliance is unsuccessful or when an inlminent threat demands imrrlediate action. Major emphasis is placed on abstaining from the use of lethal force except when it is clear there is no other way to prevent injury to police officers or others. F. Constitutional Rights. 1. Honoring and protecting Constitutional rights, as part of the oath of office, is the highest law enforcement priority. 2. Police officers shall not discriminate against any class of persons on the basis of age, race, ethnicity, sex, sexual orientation, or socioeconomic class. 3. Police officers shall be alert to pelform their duties in such manner as to avoid even the appearance of the inappropriate use of coercion or intimiidation, and shall not take action, including searches, unless they are lawful. 4. Even greater restraint in this regard must be exercised in dealin!~ with people whose age, physical, socioecononlic, or mental status makes them vulnerable to police pressure. 5. The Police Department shall establish a system for monitoring and documenting the basis for searches. G. Non-Ashland Agencies Operating In Ashland. 1. Whenever law enforcement agencies from outside Ashland, other than those of the United States, operate in Ashland to reinforce, assist, or otherwise support the Ashland Police Department, the personnel of those agencies shall be subject to the command of the Ashland Police Department and subject to the provisions of this Ordinance. 2. Riot equipped law enforcement personnel shall not be deployed unless there is a reasonable likelihood of violence. - 4.- SECTION 3. Implementation. A. Community Policing as set forth in this Ordinance shall be impleml3nted by the formulation and adoption of standards11 criteria, procedures and proeesses which incorporate such policing into recruitment, training, performance E~valuation, operational directives, ,supervision, correction, and discipline. B. Officers shall prioritize enforcement actions and their risks according to the degree that they jeopardize human safety or have been established as community enforcement priorities. C. Training programs shall include, but not be limited to, these critical areas for all police officers: - Customer satisfaction - Dealing with the mentally ill - Integrity and Ethics - Verbal communications - Multicultural competency - Stress management D. Managers shall receive in service training on topics that impact community policing, cultural diversity, and interpersonal relationships, in addition to building skills in organizational management and quality control. E. Recruitment and selection of new department employees shall be conducted only by managers who have established their understanding and comrrlitment to Community Policing as defined in this ordinance. Similarly, training shall be conducted or overseen only by managers or agencies so committed. SECTION 4. Community Support for the Police. A. The City shall provide the resources necessary for the Police Depclrtment to implement the requirements of this Ordinance. B. Community support for the police is demonstrated by courtesy, responsiveness, appreciation of the difficulties and hazards of policing, and readiness to assist police officers. C. The Public Safety Commission, if created, or another entityselecte~d by the Mayor, with the consent of the Council, shall monitor compliance with Community Policing by both police officers and the Community, and periodically issue public reports, make recommendations, and take other actions designed to mlaintain such compliance. APPENDIX 3 . . c:-'----~---._ Dear Honorable Mayor and City. Council Mernbers; RE: Vote of "No Confidence" in Chief Michael Bianca The members of the Ashland Police Association are deeply concerned with the direction and management of the Ashland Po~ice Department. The ultimate n1anagement of the Department rests with the Police Chief. Unfortunately, Chief Bianca's decisiQns and actions have resulted in a loss of confidence in his ability to effectively lead the Ashland Police Department. We have attempted on several occasions to work with the City Administrator to resolve this issue. We do not agree with the conclusions the City Administrator has reached regarding the last incident in which Chief Bianca exercised his leadership and authority, particularly when the City Administrator admits that he doesn't have the knowledge or experience to evaluatc:~ police policies, practices, and procedures. ~e membership does, not take this issue or vote lightly. Our vote is based upon each individuals cOQc~ms as well as overall concerns. These concerns are as follows: 1. Police Tactics and Safety: On at least three occasions, the Chief has respond d' igh-risk calls and took actions, which placed himself and others in dangerous and unsa e sit atlons. 'The Chief, on at least one of these incidents, ignored Department protocol regarding Incident Command, and placed himself and others in jeopardy by entering into a situation \"here he failed to be fully briefed on the incident and response of the Department before taking action. His actions unnecessarily placed himself and others in greater danger than that which existed prior to his arrival as well as placing individuals and the City in a position of greater civil liability. -~~ .: If the Chief is called upon to "lead by example", his example is that critical incident protocols do not need to be followed and-that. officer safety is not a high priority in these circumstances. Obviously, police officers assume risks, which are fiJndamental to the nature ,of law enforcement. . Those natural risks are not the issue-. Officers have been killed or injured during these types of incidents, which resulted in establishing protocols to handle these types of situations. The reckle~s actions of the Chief,.which needlessly increased those natural risks, are the issue. This is especially the case where the Chief s actions were contrary to the training and protocols established by the Department of Public Safety Standards and Training as well as'by our own];?epartment and put in place for our safety as well as for the citizens we serve. The Chief s actions demonstrated a total disregard for his own personal safety as well for the officers he has been selected to lead. ' r,," . The Chief needs to function as a coach, mentor, cheerleader and advocate. In . short a strong leader. The membership feels that when they do have to resol1 to the use of lethal force to protect themselves or another person, they would have no support from the Chief or from the City. This belief quickly becolnes an officer safety issue as it may very well cause the hesitation that allows the injury or death of a civilian or officer. It is imperative that officers have the support of their con1munity and Department leadership to make those split second decisions with confidence. Obviously, this is a huge concern. 2. Personnel Decisions: . Numerous personnel actions in this past year have raised concerns as to whether the Chief is acting in the best interest of the Department and City, or whether those decisions are personally motivated. For example, the Chief retained a probationary employee who was unable to pass the required field-training segment against the requirements set forth in the State.- - ,--designed andrecom..t1ended Department-~dopted training-program. This_segment is designed to measure an individual's ability to successfully function as a police officer. Also, this segment of training uses theuDepartme:nt's specially trained and experienced officers to conduct the training and evaluation and to ultimately render a pass or fail evaluation. The resulting unanimous recommendation from the Field Training Officers' that this new officer be relieved of duty went unheeded by the Chief. The Chief s disregard for the findings of the Field Training Officers appeared to represent personal favoritism by the Chief regarding this individual. Although this employee was ultimately relieved from duty after failing extended training not offered to other trainees, the Chief went so far as to find this individual a job with the City of Ashland in another department. To our knowledge, no other probationary employee has received this typeof speciaL treatment. In another incident, the Chief hired an individual who passed all of the pre- employment testing including the physical agility test. The Chief continuously rnade personal derogatory and hostile comments to and about the officer concerning his weight. even though this officer weighs less now than when they were hired by the Chief and continues to lose weight. It was made very clear by the Chief, that he does not find this effort to be good enough.,,:::r'he Chief has gone sa far as to threaten to fire the employee. .~~ : Chief recently promoted an unqmilified officer to the rank of Sergeant. Chief Bianca touted the officer's loyalty and courage to justify his decision to promote the indiyidual. We later learned that this promotion was made while disregarding the advice given to Chief Bianca by the City's personnel department and certain police department. managers concerning the officer's lack of qualifications and ability to meet the necessary requirements to even take the exam for Sergeant. This new Sergeant has been given five years to meet the necessary qualifications. The new unqualified Sergeant will now be expected to lead. If the individual follows Chief Bianca's example,,~how many ()fficers' will this individual endanger with this position of higher responsibility that they were never qualified for to begin with? What happens if this individual doesn't n1eet the minimum qualifications within the five-year period? How many special compensations will be made in the future by Chief Bianca? Also, the Chief just re-hired a prior employee who was not required to test or even apply for the job. This was done against the recommendation of other members of management and staff. Based on the Chief s history we question whether this new employee will be .required to undergo the field training program. What happens if the program recommends that this individual not be retained? 3. Staffing Issues: \,,'.' Chief Bianca has put not only his own staff at risk by failing to provide enough patrol officers on the streets, but the safety of the entire community as well. The 'Chief has hired management positions to try and help him run the Department but has failed to fill the ranks below, the ones actually keeping the peace~ We recently learned from the City Administrator that Chief Bianca h.as never even asked for additional positions for our department leaving us in a position of too few officets on the streets. After the Chief llJ.1successfully attempted 'to promote a Sergeant into a vacant- Lieutenant "position, he . changed the title of the position in order to promote a sergeant because none of the Sergeants met minimum qualifications for the Lieutenant position. In another incident, the Chief filled a vacancy by hiring another Sergeant instead of replacing a patrol: officer. Also, Chief Bianca elected to start another Sergeant hiring process when he learned that at least two of our Sergeants were seeking employment elsewhere. This was done knowing that there were two police officer openings plus two other officers applying for jobs at other agencies. It takes a significant period of time to get an officer trained to be capable to perfonn thejob, but Chief Bianca didn't feel th~ need to start a hiring process for any of these patrol openings. Even with this increase in management positions, there are-times when no supervisor is on duty. Instead, an OIC (Officer in Charge) fills the role of manager. ".,';'c.. : Minimum staffing of patrol officers is ran on most shifts, often' by the City' paying overtime to hold over officers or to call them in early from the next shift. This practice is followed even when a supervisor is absent from a shift making it ne'cessary.for an officer to be paid overtime to fill asuperMlsory role that they should seldom have to do. This increase in overtime is not only b.ecoming an officer safety issue but a disservice to the community we serve. There are many solutions to this problem and the members of the Association feel that the Chief has failed to address them. In fact, Chief Bianca has only continued to make things worse by falsely leading the City Cowlcil into believing that staffing is not an issue for the department further hindering our chances at obtaining adequate patro.l coverage. This staffing problem is not something that has just occurred on Chief Bianca's watch however. It has been an ongoing problem that the Chief should have been aware of since he has been in the management oftne police department before assuming the role of Chief. Chief Bianca has also reorganized the Department so that the budget is supporting a ratio of almost one supervisor to every two patrol officers. An average department supports one supervisor to every six to eight patrol officers. . Chief Bianca has also increased the duties of the detectives. This increase in work is the result replacing the retiring lead detective by assigning a Sergeant . . - -- - -- - - ~ - - " - - . . in to take his place.. (Sergeants traditionally do not take case assignments. resulting in one less detective to respond to case assignments). 4. Leadership: Officers that have been hired from outside agencies have come to the Ashland Police Department with high hopes of APD being a great place to work. They bring with them extensive knowledge, experience and training. Based on their comments they have all quickly learned that this department does not have the solid leadership from its Chief, leaving the Department in turmoil. With great disappointment from what they thought the' Department was going to be, they have been quickly seeking jobs elsewhere taking their. val uable knowledge,. experience. and training with them. The Association membership is painfully aware of the negative image surrounding the Ashland 'Police Department. Department has become the laughing stock of police agencies throughout theState. This fact makes it extremely difficult to attract quality applicants for the position of police officer with the Ashland Police Department. As mentioned, this adds to the difficulty in retaining quality recruits and seasoned officers. This administration demands loyalty and support, but offers none in return. It has been verb~~ized that our membership desperately needs to feel supported. This support needs to come from the city government, the public, and perhaps mo~t of all, the Chief and his staff. This, along with numerous similar situations, is leading to a condition where a dangerously low moral is present especially when the Chief appears to ostracize and punish any member of his management team or non-management personnel that disagrees with his perspective or direction. For instance, for a period of time, three Sergeants who the Chief believed were leaving the Department for jobs with other agencies, were given letters advising them that they were excluded from making "executive decisions" and the he was going to start working on his "new management team". Two of those' Sergeants had not even submitted their resignation letters. When two other members' of the management team disagreed with the Chief they were no longer allowed,it6~ttend management meetings. Such disregard for the leadership and unity of the management team by Chief Bianca is terribly destructive to the Department. - , ..~, Chief Bianca disregards the absolute need for effective communication between himself, his management staff, and the line personnel. There is no positive feedback whatsoever and the general consensus of our membership is that they. have no idea of the direction the Chief is taking the Department. Another example is that despite current , budget constraints, the' Chief is currently looking into replacing our currenLuniform, (our current uniform is widely accepted as being both practical and functional by our membership), for a different uniform without even seekiflg,input from our membership first. In summary, 'by examining the multitude of serious concerns that exist between Chief Bianca and those in his charge, we need to go on record as an association by stating that it is in the best interest of all concerned that something be done sqon. 'Without speaking collectively we would fear retribution if we were to speak individually. The Department is hemorrhaging good people as we speak and we simply cannot afford to procrastinate. The Association has already listed several specific areas of concern and has clearly outlined destructive patterns of behavior. ""P':':'__<I ,'C.. Over the past month the Association Executive Board has met with the City Administrator, the Mayor, and City Attorney in an attempt to discuss issues and to determine possible courses of action. These meetings have provided little if any confidence that our concerns will be taken seriously. Statements have since been made by the City Administrator that the City stands squarely behind Chief Bianca, that Chief Bianca is on "solid ground" and that the City Administrator knows of no concerns regardingS:hiefBian~a's leadership voice<;i by the police department. All these statements were made public in the Daily Tidings after numerous lengthy meetings with members of the Ashland Police Department from all levels. This fact greatly concerns the Association membership. The consensus is that all efforts to work out our concerns with the City have failed. As an Association, we have been asking ourselves this question. ~'Do we have the leadership we need?" The answer is a resounding, NO! Chief Bianca has dernonstrated patterns of poor judgment and decision making throughout his tenure as Chief. In fact, after Chief Bianca was made aware of the Association concerns, Chief Bianca took a 30 day leave of absence instead of attempting to resolve the issues. Our membership believes that for Chief Bianca to simply agree to cease and desist in those specific areas of concern already mentioned would only serve to address symptoms rather than underlying causes which is the greater concern. Our membership believes that if a probationary employee were to have made si]nilar decisions to those made by Chief Bianca, that employee would have been tenninated. Couple this with the fact that Chief Bianca has many years of law enforcement experience that the new employee would not be able to draw from. Shouldn't the person responsible for the health and saDety of the employees of this organization be held to a higher standard than a probationary employee? "':..:;t. .. It is the consensus of the association that Chief Bianca's leadership ability will never safeguard those in his charge and that there will always be an atmosphere of fear and distrust associated with his administration. These, as well as other issues, have resulted in an overwhelming vote of "No Confidence" in Chief Bianca's a~li1:y to fulfill the duties of his position as Chief of Police for the City of Ashland. The memlbership do hereby ask you to consider these issues as presented herein and take the appropriate. action of recommending the removal of Michael Bianca as Chief of Police of Ilhe Ashland Police Department. Respectfully submitted on behalf of Ashland Police Association membership. ~ 0-7/ooy- Steve Maclennen. President ""I I. "'" r ASHL~^ND Council Communication FIRE STATION No.2 RECONSTRUCTION PROJEC1' Meeting Date: . ,pctob~r 4, ~Q05 '. Department: Ashland Fire & ReS! Contributing Departments: Finance '/ Approval: ~ino, Grimaldi ~ Lee .Tuneberg ~ Primary Staff Contact: . Keith E., Woodley ~ E-m'ail:.. .,. woodleyk<<~ashland:o'r.us Secondary Staff Contact: E-mail: Estimated Time: 20 minutes Statement: The Capital Improvements Plan, included in the proposed 2005-06 City budget, identifies the reconstruction of fire station no. 2 as a capital improvement project scheduled to occur during the 2006-07 fiscal year. Earlier this year initial work began in the fonn of a survey of potential fire station building sites and related costs. Evidence suggests that the availability of additional land for a new fire station complex will be very limited along the Ashland Street corridor. Based on a review of the proposed project, staff felt that additional study was needed that could not be completed in time for a November 2005 bond election. It has been decided to reschedule the fire station construction bond election for November 2006 to provide time to update our space needs analysis and anticipated construction costs. This communication will provide a proposed work plan in preparation for the November 2006 ballot measure, should the City Council choose to place the measure on the ballot. Background: In 1965, the City of Ashland purchased a 12,000 sq. ft. (.272 acre) building lot at 1860 Ashland Street for $18,000 for the purpose of constructing a new fire station to provide emergency services for residents located east of Mountain Avenue. A bid was accepted from Gordon L. Westwood, in the amount of $1 ,605.00, for the removal of an old vacant house on the property. In March 1966, the fire department moved into the new 2,866 sq. ft. building on the site, .which was constructed by Ashland Construction Company at a cost of$21,400. The fire station has housed approximately ~ of the City's fire & emergency medical services personnel and fleet for the past39 years. From September 1995 through October 1998, a space needs study, property survey, and conceptual drawings were completed for the fire station no. 2 reconstruction project. Funds will be budgeted within the 2006-07 capital improvements budget for architect selection, and the preparation of a program outline plan, which will include an update of the space needs analysis and cost estimates for the project. When these documents have been prepared, and reviewed by Council, staff will request Council to place a funding measure on the November 2006 ballot. Related City Policies: 2005-2006 City of Ashland Capital Improvements Plan Council Options: (Infonnation only, no council action required) Staff Recommendation: (Infonnation only, no council-action required) Potential Motions: (Infonnation only, no council action required) Attachments: (1) History of Fire Station No.2 Reconstruction Project (2) Proposed Project Timeline r~' Fire Station No.2 Reconstruction Project Timeline .Date Activitv February 2006 - May 2006 Prepare Budget & RFQ For Architectural Design & Construction Services: ~ Space Needs Analysis ~ Construction Programming ~ Site Planning ~ Schematic Design ~ Cost Estimates June 20106 Complete Architect Selection July 2006 Update Fire Station No.2 Space Needs Analysis August 2006 Prepare Fire Station Construction Program Outline I Cost Estimates September 2006 Prepare Preliminary Designs November 2006 Bond Measure Election January 2007 Development Of Construction Schedule CIT1i OF ASH IJAN D HISTORY OF FIRE .STATION NO.. 2 RECONSTRUCTION PRIOJECT . Public discussion began in 1983 regarding the number required, optimum locations for, and 'Potential reconstruction of the city fire stations. . A citizen's committee was convened in 1993 to establish response time standards for fire and emergency medical services within the city. A study of existing fire stations was completed by Urban Planning Associates, and existingJire",station sites were determined to be the optimal locations. Response time standards wereset~as -follows: 3 minute response to 970/0 population / 4 minute response to 30/0 population. . In September of 1995, a Fire Department space needs study was completed by Ted Malarz, Architect, for both City fire stations. . In July of 1998, Council directed staff to update the space needs study, and conceptual drawings were prepared for both city fire stations by Peck, Smiley & Ettlin, Architects. . A City Council study session was held in October 1998, and staff was directed to discuss property acquisition with property owners adjacent to both fire station sites. . In February of 1999, Southern Oregon Appraisal Services provided the City with a comprehensive appraisal of the property at 450 Siskiyou Blvd, known as thE~ "Blue Mountain" . . In March of 1999, Council agreed to budget for the expansion of Fire Station No.1 in the 1999-2000 budget and to work toward a 1999 November ballot measure. It was decided that the fire station no. 2 reconstruction would not be financed on the Novernber 1999 bond because the library project would also be on the ballot. . June 17, 1999 at a Council study session, Council reviewed refined design schemes and revised work space allocations for fire station no. 1. . July 6, 1999, at a regular City Council meeting, Council decidedtopl~c~ the fire station no. 1 reconstruction project on the November 2nd ballot as a separate measure from the Library bond proposal. Ashland Fire & Rescue 455 Siskiyou Blvd, Ashland, Oregon 97520 www.ashland.or.us Tel: 541-482-2770 Fax: 541-488-5318 TTY: 800-735-2900 ~~. ._~ . November 2, 1999, Ashland voters approved general obligation bonds for the reconstruction and expansion of Fire Station No.1. . August 200:3, fire station no. 1 construction complete and new facility is occupied by the fire department. ' . May 4, 200~), City Council study session held, Council was updated on progress toward the reconstruction of fire station no. 2. Potential alternate construction sites along Ashland Street were discussed. FIRE STATION NO.2 BUILDING INFORMATION A consultant's report was prepared in 1995, which included an operational evaluation of fire station no. 2 . The report determined that because of the poor standard of constructionforthe. -" existing building in comparison to current building codes, it would be impractical and not cost- effective to rerTlodel, enlarge and/or add a second floor to the building. The current structure does not meet the requirements of Oregon Occupational Safety Health Administration (OR-OSHA), the American's With Disabilities Act (ADA) and Chapter 7, Facility Safety, National Fire Protection Association (NFPA) Standard 1500 "Fire Department Occupational Safety and Health Program", and the current and future operational needs of the Fire Department. Specific deficiencies are as follows: . Inadequate space for disinfecting contaminated medical devices, and storage of infectious disease control equipment.. . Exhaust emissions enter living and office areas. . Living and working areas are exposed to blood-borne pathogens. . Storage area for medical supplies is not free from contamination. . There is no "clean room" for disassembling, cleaning and repairing respirators. . Firefighting clothing is contaminated by vehicle exhaust emissions. . There are no floor drains in the building and ground water seeps in throughout the winter months and during summer rainstorm events. . Overhead door system is antiquated, does not provide safety features to prevent crushing inju'ries, and they frequently breakdown preventing response of emergency vehicles until repairs are made. . Emergency vehicles cannot be washed with soap at the station as there is no entrapment system to prevent contamination and detergent from entering the storm sewer. . Protective clothing cannot be rinsed clean at the station as there is no provision for capturing contaminants. Ashland Fire & Rescue 455 Siskiyou Blvd. Ashland. Oregon 97520 www.ashland.or.us Tel: 541-482-2770 Fax: 541-488-5318 TTY: 800-735-2900 r~' . Office space for report writing is inadequate. . There is insufficient space in the building to conduct training activities for firefighters. Training must be conducted off-site at fire station no. 1, which results in emergency vehicles being driven to other locations for training. This results in staff additional time and fuel expenditures. . There is no space in the building to serve as a "quiet area" for individual studies for promotional exams and in-service training. . The building does not provide a reception area that is large enough to accommodate the public that tour the station. . There is no library space within the building to store study materialls and technical manuals necessary for employee professional development. . The current building does not provide an area for educational literature to be available for the general public. . The Child Safety Seat Inspection Program does not have space to conduct child safety car. seat inspections for the drive-in public. . The building does not provide adequate space for a work room to copy, sort and collate printed materials, or to stock adequate supplies of public education materials. . Teaching aids for school presentations do not have a permanent storage area where equipment can be easily retrieved. . Department statistical archives are housed at the Ashland Cemetery due to inadequate space at the fire station. Employees must go there to produce copies of documents when requested by the public. . The fire station is not fire sprinklered, although the department promotes sprinklerization in other business buildings in the community. . There is no storage area in the building for audio-visual and teaching aids. . Water supply piping to the interior of the station is encased in the floor slab, where frequent leaks are occurring as pipes rust through without access for repairs. Ashland Fire & Rescue 455 Siskiyou Blvd. Ashland, Oregon 97520 www.ashland.or.us Tel: 541-482-2770 Fax: 541-488-5318 TTY: 800-735-2900 ~~., .- I I 'I ~u.. ASHLJ\.ND Council Communication Police Preparation for Halloween Events Meeting Date: Department: Contributing Departments: Approval: October 4, 2005 Police ~ None Gino Grimaldi Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Estimated Time: Mike Bianca biancam@ashland.or.us 10 minutes Statement: The annual city celebration on 10/31 for Halloween raises public safety concerns. The police department wishes to inform city council about the challenges involved and our police preparations. Background: Large-scale Halloween celebrations have been happening in Ashland for decades. Following the 2004 Halloween celebration, which was marred by several hazardous and violent incidents, Chief Bianca directed staff to analyze the problems and make recommendations for police response in 2005. The department plans to implement those recommendations. Related City Policies: Ashland Municipal Code Council Options: Allow Chief Bianca and staff to present aspects of enforcement plan for council's comments and review. Staff Recommendation: Minimize hazard to citizens and property in Ashland on 10/31 through effective staffing and readiness of public safety resources. Potential Motions: n/a Attachments: None as the police department's complete Halloween analysis is available to review at the department upon request. ri. ., '-II I '-'r ASH L)\N D Council Communication 2005-06 Council Goals Update Meeting Date: Department: Contributing Departments: Approval: October 4, 2005 Admin ~ None Gino Grimaldi Primary Staff Contact: Ann Seltzer E-mail: ann@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 10 minutes Statement: The purpose of this communication is to provide the Mayor and City Council an updated version of the 2005-06 Council Goals that were adopted by the City Council at its meeting of June 21, 2005. City Council feedback regarding the schedule of proposed activities regarding the goals is requested. Background: Each year the City Council meets to develop goals for the next fisGal year (2005-2006). The goals are us€!d to prepare the budget and prioritize City Council and staff activities. Progress regarding the goals is monitored and quarterly reports are provided. The quarterly reports provide an opportunity for the Mayor and Council to adjust priorities. Related City Policies: None Council Options: If desired, direct staff to adjust priorities Staff Recommendation: None Potential Motions: None Attachments: Summary of Council Goals for 2005-2006 r~., Summary of Council Goals for FY 2005-2006 Updated September 29, 2005 The following goals were developed by the City Council during workshops held on January 14 and 15,2005. The Council identified a list of new goals that should be addressed during the next 18-24 months and a list of goals, which had been previously identified but were to be continued. Final adoption of the goals took place on June 21, 2005. ELEMENTS I. Citizen participation and involvement - The City recognizes the value of citizen involvement and the wealth of information and resources that the citizens of Ashland possess. The City is committed to a high level of communication with the public. II. Environmental Resources - Ashland seeks to retain its natural beauty as it continues to grow and further develop. The City seeks to strike a balance between urbanization and the natural environment by providing protection for soils, small creeks and wetlands, urban forest, clean air, and peace and quiet. III. Housing - The City has a responsibility to ensure that proper amounts of land are set aside to accommodate the various housing needs in the City, and that its land development ordinances are broad enough to allow for variation in housing type, cost, and density . IV. Economic Strategy - The City encourages a variety of economic activities in the City, while continuin!~ to reaffirm the economic goals of Ashland citizens and existing businesses. Economic development in Ashland should serve tlle purpose of maintaining and improving the local quality of life. V. Public Services - The City will provide a full range of public services that meet the needs of existing and future citizens. The City Council values and supports City staff and the work they do on behalf of the community. The City strives to create a productive work environment for City employees. VI. Transportation and Transit - To retain Ashland's small-town character while it grows, the City must proactively plan for a trans- portation system that is integrated into the community and enhances the livability, character, and natural environment. VII. Energy, Air, and Water Resources - Ashland seeks to be a regional leader in the areas of energy, air, and water conservation. The City seeks to continue this leadership role in further development of goals, policies, and programs that encourage citizens to conserve natural resources. The City also desiresto continue to provide electrical service to consumers at as Iowa cost as pos- sible. VIII. Parks, Open Space, and Aesthetics - Ashland's character is intimately linked to its aesthetic resources, including its vistas, trees, parks, open space lands, and public art. The City seeks to develop programs that preserve important open space and parkland, while accommodating continuing urbanization. IX. Urbanization - The City seeks to ensure an orderly transition of land from rural to urban uses. H:\berteauf\COUNCIL\GOALS\FY 2005_ 2006\MASTER.doc 1 Rev. 9/29/2005 X. Historical Sites ~lnd Structures - Ashland seeks to preserve its rich history through the preservation of its historical buildings and places. XI. Regional Strateglies - Ashland seeks to develop uniquo partnerships with governments, non-profits, and the private sector to ensure that regional issues of importance to the City and the region are addressed in a collaborative and effective way. XII. Financial Mana~gement - The City will be an accountable and effective steward of the public trust and public re- sources. T~e City will provide equitable and efficient services to the public through the efficient use of assets ,and re- sources. XIII. Social and Hum~ln Services - To ensure that all people in Ashland live in a safe, strong, and caring community, the City seeks to enhance the quality of life and promote self-reliance, growth, and development of people. To these ends, the City will strive to provide resources and services to meet basic human needs. " Note: Goals that require study sessions as action items are noted with an * in the Timeline field. GOALS 2005 · 2006 Goals I Timeline Action Items ADMINISTRATION and COMMUNITY DEVELOPMENT 1. Produce a working economic development Aug 'OS . Meet with Chamber Sustainability Committee plan Jan'06 . Develop draft plan Summer '06 . Joint study session/planning and council/public hear- ing Fall '06 . Modify plan/Council Adoption/public hearing * 2. Continue to provide information to the com- Ongoing The Planning Commission has appointed a sub- munity and foster discussion on growth and committee, which is working on providing additional oppor- planning issues, with an emphasis on historic tunities for information distribution preservation, annexation requirements, State land use law, infill policy and impacts related to density, rate of growth, developed standards, . Develop materials about issues for use as handouts and processes in City racks in Council Chambers, City Hall, and . Refine and create program to educate the Community Dev. Lobby and post same information on public about State land use laws and what City's Website. Solicit copy from Historic Comm on the City has done to slow growth historic properties in Ashland and preservation. In- . Review in-fill program as it relates to already elude related copy in City Source. densely populated neighborhoods Fall '06 . Appoint subcommittee of Planning and Council to review the program 3. Complete revision of downtown Plan October '05 . Meet with subcommittee and RFQ consultants to determine final consultant Dec '05/Jan '06 . Consultant hosts Public Meeting to determine expec- tations, discuss process and plan approach Jan/Feb '06 . Draft Scope of Work March '06 . Public Meeting #2 April '06 . Refine Scope of Work May '06 . Draft Scope of Work presentation - public outreach * . Scope of Work adoption H :\berteaut\COUNCIL\GOALS\FY 2005 _2006\MASTER.doc 2 Rev. 9/29/2005 4. Establish formal public involvement policy by '06 . Increase the level of effectiveness with Spring '06 . Council/planning session to explore the issues which Council and Commissions influence . Public process/solicit input from various commission planning policies and challenges and in- Spring '06 . Draft process creased public acceptance and engage- . Councillplanning study session to review draft/public ment in directing the City's urban landscape hearing . Results in a process that meets LCDC Goal Fall '06 . Council adoptionlpublic hearing #1. Participation Goal Requirement to in- * * crease public acceptance and engagement in directing the City's urban landscape COMMUNITY DEVELOPMENT 5. Complete Riparian Ordinance July '04 .' Completed riparian and wetland inventory Winter '04 . Formed a technical advisory committee Feb'05 . Held Public Open house Spring '05 . Completed draft ordinance . Planning Commission held Study Session (x2) July '05 . Draft maps prepared by PW . Inventory approved by DSL Winter '06 . Planning Commission study session and public hear- Spring '06 ing * . Council ordinance adoptionlpublic hearings 6. Identify at least 25 units of affordable hous- Since Jan '04 . 11 new units added and secured as affordable ing; have online for construction in '06 Currently Underway . 20 units (funded); 18 RVCDC (15 se!lf-help, 3 Quincy); 2 ACL T (Garfield) Pending as of Sept '05 . Council approval of Lithia Parking lot proposal (9-10 units) WinterlSpring '06 . City/developer negotiations on Lithia Parking Lot proposal Winter/Spring '06 . Identify and purchase land with proceeds from sale of Strawberry Land for an affordable housing develop- ment 7. Develop process improvements that result in the completion of land-use planning projects . Annexation and rezoning Spring '06 Included in Zucker Audit . Industrial land development white papers Dec '05 . Croman whitepaper . Downtown plan revision Refer to Goal #3 . Process improvements Spring '06 . Zucker organization audiVcomplete Spring '06 . Code enforcement . Included in Zucker audit . Be proactive in the planning of large undevel- Spring '06 . Study Session re: Railroad Property oped properties * 8. Adopt Dark Sky Ordinance to reduce light Summer '06 . Study Session with Planning Commission pollution on public and private property Fall '06 . Public involvement process Spring '07 . Draft ordinance/study session Summer '07 . Planning commission/public hearin!~ Fall '07 . Council ordinance adoption/adoption * 9. Develop Urban Forestry Plan Jan'07 . Joint Study Session and discussion with Tree, Plan- H:\berteauf\COUNCIL\GOALS\FY 2005_ 2006\MASTER.doc 3 Rev. 9/29/2005 ning and Parks Spring '08 . Public involvement process Summer '08 . Draft plan Fall '08 . Joint study session to review draft plan/public hearing Jan '09 . Public involvement process Spring '09 . Adopt plan/council ** 10. Improve public trails system by developing a Summer '09 . Joint study session council/parks/public input comprehensive trails plan that addresses mini- I=all '09 . Public Involvement process mizing public and private ~:x>nflicts in cooperation with the Parks Commission . Indude Bear Creek Greenway (Dog Park to Jan'10 . Draft plan Mountain Ave. Park). Plan should discuss Spring '10 . Joint study session to review draft plan/public hearing range of tools to obtain access and ways to estimate construction costs and costs to ob- all '10 . Public involvement process tain easements. Jan'11 . Adopt plan . Secure a method of maintaining the current level of access, natural beauty, and value of ** Bear Creek Greenway. 11. Develop planning framework for future de- Spring '11 . Planning Commission study session velopment of North Normal Ave all '11 . Public involvement process Jan'11 . Develop framework Spring '11 . Joint study session council/planning Summer '11 . Public involvement ** PUBLIC WORKS and COMMUNITY DEVELOPMENT 12. Develop a comprehensive public transporta- tion, traffic, and parking plan to reduce pollution and congestion, and to improve Ashland's qual- ity of life . Secure expanded bus service in Ashland for July '07 . Evaluate bus service funding feasibility and draft re- evenings and/or weekends port . Evaluate TTPC Plan and develop action plan Fall '07 . Study session to review existing TTPC plan for items adopted Winter '08 . Public involvement process Spring '08 . Draft timeline; determine priorities for action imple- mentation and identify funding. Spring '08 . Gain council approval and funding resources. Fall '08 . Begin implement action plan * H:\berteauf\COUNCIL\GOALS\FY 2005_ 2006\MASTER.doc 4 Rev. 9/29/2005 PUBLIC WORKS and ADMINISTRATION 13. Evaluate and create plan for re- Fall '05 . Issue RFP model/replacement of City Council Chamber (seating, sound, design, Web access) PUBLIC WORKS 14. Improve pedestrian and traffic safety Ongoing . Traffic Safety and Bike & Pedestrian Commission continue to identify areas of concern though public awareness . Continue public education through Utility Billing and City Source . Continue implementation of enforcement, engineering and education . Identify areas of transportation improvement traffic ~ calming and sidewalk connectivity 15. Increase the safety at Wimer Street/North FY'08 . Secure ODOT support for realignment of state and Main/Hersey Street intersection city facility 16. Increase safety at rail crossing FY'06 . Negotiation with OBEC on engineering of five loca- (bike/pedestrian) * tions identified in the 04 RR Safety Study by HDR Engineering . Pending ODOT construction schedule . Secure ODOT permitting for locations 17. Enhance water supply and conservation to meet targets . Develop citywide focus "the right water for Ongoing . Coordinate Public Education and Awareness of pos- the right use" sible options for water use . Explore and potentially develop 3-year plan Ongoing Maintenance . Ongoing maintenance for replacing TID pipeline to improve and extend our current TID sys- July '06 . Feasibility study to initiate budget priorities for TID tem expansion . Negotiate for other water supply options Pending . Secure water rights for TAP for Lost Creek Lake within 5 years of TAP construction . Complete pre-design plan for future exten- April "06 . Actively pursue tank sites for small capacity reservoir sion of TAP water line, including priority for for TAP project; preliminary report due from the con- conservation sultant Pursue water quality and temperature im- Sept "06 . Appoint TMDL study committee to Gonsider alterna- . provements tives for DEQ TMDL temperature loads into Bear Creek . Study session PUBLIC WORKS and COMPUTER SERVICES 18 Develop a five-year plan to identify, fund and Pending selection of . Identify the various information technology functions fully integrate all information technology func- new Director within the organization, determine their status, gen- tions within the organization eral compatibility, and need for inte~~ration . Identify the changes that will need to be made to allow integration and the options available to accom- plish that task . Prioritize the integration tasks relative to hard- ware/software availability and compatibility, current needs, available skill sets and access requirements . City Council study session . Develop a funding schedule for implementation over a five-year period H:\berteauf\COUNCIL\GOALS\FY 2005_ 2006\MASTER.doc 5 Rev. 9/29/2005 FIRE DEPARTMENT and PUBLIC WORKS 19. Establish stronger, fOlmlalized role for City in June/July '05 Anticipated release of Ashland Forest Resiliency Project stewardship of entire Ashland Watershed DE IS and preparation of community response by CWPP . Pursue ways to reduoe risk of stand- AFCA Committee and community partners replacing fire in watemhed (municipal and federal lands ) . Improve the overall management of the Ash- July - October "m> Forest resource inventory work on Winburn Parcel in land Watershed by working with the Forest preparation for development of management strategy Service and continue lefforts to reduce the wildfire threat in the watershed: . Liaison with the Forest Service to determine their cur- . Lobby for $$$ rent information on a watershed basis . Collect water quality/quantity source data . Identify waterways and define mapping . Continue community wildfire protection plan . Determine monitoring protocols with Forest Service . Review relationship with Mt. ~hland/Ski . Begin monitoring and analysis Ashland QAQC . Promote and support, with City resources, the implementation of the Ashland Forest resiliency Community Alternative in collabo- ration with Ashland f:;~anger District of the Rogue River National Forest - AFN 20. Enhance revenue and services from AFN to strengthen its viability . Increase AFNs level of marketing and out- Winter '05 . Identify and implement five initiatives designed to sell reach to achieve financial goals linked to additional service to existing customers City's overall economic development strat- . Identify and Implement 4 initiatives designed to im- egy prove the marketing of AFN Explore options for low-level investment in Sept '05 . Identify and Implement 6 initiatives designed to im- . AFN, until finances stabilize. Have a plan in prove AFN operations place if AFN cannot meet its financial goals . Council approved surcharge and rate increases. A by 6/05 committee continues to evaluate options for AFN ELECTRIC 21. Identify 25,000 watts iQf new renewable en- Fall '06 . Analyze the City's success with our current Solar Elec- ergy resources and have online by the end of tric rebate program to determine the amount of solar 2006 generation that has been installed and determine en- hancements to the program to improve its effective- ness . Develop phase 2 of the City's Solar Pioneer Program, which will again entail installation of a larger City Main- tained Solar Electric System with equity or output sales to Ashland Citizens and businesses . Publicize to our citizens and businesses any new tax or other financial benefits included in the new energy legislation for installation of PV systems FINANCE 22. Develop performance measures program for This is an ongoing project addressed during the budget all city departments process Jan'06 . Inventory existing and survey desired measures . Evaluate and adopt desired measures that are March '06 "ready" . Develop reporting process (monthly, quarterly, an- Apr-Jun '07 nual) . Establish process for desired measures "not ready." July-Oct '07 Annual follow-up and changes H:\berteauf\COUNCIL\GOALS\FY 2005_ 2006\MASTER.doc 6 Rev. 9/29/2005 ADMINISTRATION 23. Implement no-cost and low-cost strategies Spring 2006 . Develop informational hand out listingl the various within the. Health and Human Services Plan in services available in Ashland and the valley partnership with service providers that aid in the . Secure a limited number of system wiide bus passes delivery of services to people most in need from RVTD . Distribute information via police, fire, :and local pro- viders 24. Plan and implement a 6-12 month city- Delayed due to budget . Funding for this goal was eliminated during the widelcommunity visioning process restrictions I budget process try again during next budget cycle STUDY SESSION ITEMS/PARKING LOT Department Timeline Planned Activities 1. Homeless i~ues Administration Study Session Conduct a community forum discussion to help Feb. 2, 2005 guide a decision on what Council wants to im- plement (if anything) regardinQ the homeless 2. Growth and infill issues Community Fall 2006 Appoint subcommittee of Development Planning Commission and Council 3. Design and build Fire Station #2 Fire Regular Session Decide on funding mechanism by 6/06 Oct. 3, 2005 4. Review and evaluate City Boards and Com- Administration Study Session missions. Dec. 5,2005 Consider establishment of a new Transportation Commission, not ad hoc, incorporating the Bicy- cle and Pedestrian and the Traffic Safety Com- mission, as well as the general public 5. Act on a resolution requiring that all future Electric/Conservation Study Session City-sponsored construction projects meet Jan. 12,2006 LEED-eQuivalent standards 6. Study and adopt a funding plan for Open Community To be determined Currently being discussed by Space Fund and Housing Trust Fund. Development the Housin~J Commission Secure public support; initiate long-term funding mechanisms; identify funding sources .~ .',' 7. Evaluate the benefits, advisability, and feasi- Police To be determined bility of the creation of a downtown police store- front substatio.n Include panhandling issue in the discus- sion 8. Identify and adopt policies and methods to Community To be determined increase the tree vegetation canopy cover inside Development the City limits annually . Plan to conserve energy and protect the environment through carbon sequestration . Begin with feasibility study and putting in place a monitoring system 9. Proactively analyze Measure 37's potential Legal/ Community Study Session effects both within the City and on adjacent land Development Nov. 7, 2005 in the County Consider strategies and options for plan- ning, services, and infrastructure H:\berteauf\COUNCIL\GOALS\FY 2005_ 2oo6\MASTER.doc 7 Rev. 9/29/2005 10. Think globally, act locally, and work region- To be determined To be determined ally Cooperate to address regional problems: worker housing, watlsr supply, transit de- velopment, regional planning, and trans- portation, industrial/c:ommercial develop- ment, Measure 37 11. Review L.I.D. process, especially financing Public Works Study Session methods and streets selected for improvements Feb. 2,2006 . Reduce public controversy . Reduce Council and sltaff time spent on ap- peals 12. Support and promote all forms of cultural Administration Study Session and arts activities, especially off-season Dec. 5,2005 Expand public arts commission into a cul- tural commission 13. Promote highly the USIS of energy efficient To be determined To be determined automobiles Example: Hybrid-only parking space on every block in downtown district (Review with Conservation and Traffic Safety Com- missions) 14. Explore with Railroad on purchasing and Administration Study Session securing control of property north of railroad March 1, 2006 district Consider for public uses, transit station, af- fordable housing,.etc:. 15. Secure a method of maintaining the current To be determined To be determined level of access, natural beauty, and value of the Bear Creek Greenway H:\berteaut\COUNCIL\GOALS\FY 2005_ 2oo6\MASTER.doc 8 Rev. 9/29/2005 '-II I IUI" ASHL}\ND Council Communication Designation of Voting Delegate for LOC Meeting Meeting Date: Department: Contributing Departments: Approval: October 4, 2005 Admin ~ None Gino Grimaldi < Primary Staff Contact: Gino Grimaldi E-mail: grimaldg@ashland.or.us , Secondary Staff Contact: None E-mail: Statement: The League of Oregon Cities annual business meeting will be held on Saturday, November 12 in Eugene. This business meeting coincides with the League of Oregon Cities conference held November 10 through 12. The City of Ashland will be entitled to cast one vote at the meeting. Voting by proxy is not permitted. Background: Each year the mayor and council members are invited to the League of Oregon Cities conference and sevleral usually attend, along with various staff members. Related City Policies: There are no related city policies regarding sending a council delegate to the League of Oregon Cities annual business meeting. Council Options: Council has the option of designating a voting delegate from councilors who are planning on attending the meeting, or alternately, not choosing a delegate to cast the one vote. Staff Recommendation: Staff recommends that one voting delegate plus an alternate be chosen from council members that propose to attend the League of Oregon Cities meeting in November. Potential Motions: A motion to approve a voting delegate and alternate Attachments: None ~~, CITY Of~ ASHLA~~D Council Communication AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELA TTI'JG TO ' RULES OF PROCEDURE FOR PUBLIC CONTRACTING AND PERSONAL SERVICE CONTRACTS Meeting Date: October 4, 2005 Department: Legal ~ Contributing Departments: Finance Approval: Gino Grimaldi C' Primary Staff Contact: Mike Reeder, 488-5350 fl\M;f-- reederm@ashland.or.us Estimated Time: 10 minutes Statement: This ordinance is mostly a housecleaning ordinance: to amend code chapters 2.50, "Public Contracts" and 2.52 "Personal Service Contracts." This is the first reading by title only. Background: On March 1, 2005 the Council adopted an ordinanc:e that repealed and replaced the .A.shland Municipal Code Chapters 2.50 and 2.52 and related resolutions. That ordinance was drafted and adopted to confonn to the new Public Contracting rules as found in ORS 279A, 279B, and 279C, which became effective March 1, 2005. The changes below are suggested by staff after over six months of implementing the new rules. Proposed Changes: 1. Page 2, Section 2.50.01 O.H-For clarity, included tl?-e ORS definition of a "public contract." This definition explicitly excludes from the definition "personal service contracts" as regulated in AMC Chapter 2.52 and also excludes grants. 2. Page 2, Section 2.50.010.D-Inserted contracts for goods and services that was inadvertently left out originally. 3. Page 3, Section 2.50.060.A.1-For consistency, replaced "city" contracts 'with "public" contracts. Clarified that all public contracts over $75,000 must be approved by the LRCB. The prior language was not as cle~ar. Also makes clear that chang(~ orders and amendments to a contract over a certain threshold must also be approved by the LCRB. 4. Page 3, Section 2.50.060A.2-Again, included "public" contract for clarity. 5. Page 4, Section 2.50.070.F-Deleted "per item." Per item should not hav(~ been included and was an oversight. 6. Page 6, Section 2.50.08O-Clarifies that electronic publication may be 'a substitute for publication in the newspaper. 7. Page 10, Section 2.52.06G-Allows the advertisement of a personal service contract in the same manner as public improvement ~contracts and contracts for goods and services. 8. Page 11, Section 2.52.080.C (fonnerly 2.52.070.C)-Included that City Council must approve all personal service contracts more than $25,000. [Note: Although this is a 1 ri.' substantive policy change, and not ml~rely "housecleaning" it seems appropriate because it is staff s understanding that this was the policy choice and understanding of the Council, but was inadvertently not induded in the original ordinance.] Related City Policies AMC Chapt<::rs 2.50 and 2.52. Council Options: Ad6ptthis ordinance as proposed, adopt ordinance with suggested changes, or do not adopt ordinance. Staff Reco:mmendation: Ado{>t ordinance as proposed or adopt ordinance with specific alternative language. Potentiall'rfotions: 1. Move: to second reading of the attached ordinance to amend the Ashland Municipal Code relating to Public Contracting and Personal Service Contracts. 2. Move: to second reading of the attached ordinance to amend the Ashland Municipal Code relating to Public Contracting and Personal Service Contracts with suggested changes. Attachments: Proposed ordinance with additions underlined and deletions lined out. G:\legal\Reeder\FINANCE\Public Contracting & Personal Services\Council Communication for Public Contracting Ordinance Amend (10-4- 05).doc 2 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PUBLIC CONTRACTING AND PERSONAL SERVICE CONTRACTS. Annotated to show deletions and additions to the Ordinance adopted March 1, 2005. Deletions are. . and additions are underlined. "- THE PEOPLE OF THE CITY OF ASHLAND DC) ORDAIN AS FOllOWS: Section 1. Ashland Municipal Code Chapter 2.50 is amended to read as follows: Chapter 2.50 PUBLIC CONTRACTS Sections: 2.50.010 2.50.020 2.50.030 2.50.040 2.50.050 2.50.060 2.50.070 2.50.080 2.50.090 Definitions. Public Contracting Rules. Local Contract Review Board. Contracting Agency. Model Rules. Formal Competitive Selection Procedures. Formal Competitive Selection Procedures-Exemptic.ns. Notice of Public Contracts. Disposal of Surplus and Abandoned Property. Section 2.50.010 Definitions. A. "Award" means the selection of a person to provide goods, services or public improvements under a public contract. The award of the contract is not binding on the City until the contract is executed and delivered by the Purchasing Agent or his or her delegee. B. "Advertising contracts" mean contracts for securing announcements in newspapers or magazines, during telec.ommunications broadcasts, upon billboards, through distribution of handbills, by direct mail, or though other mass media. To the 'extent that.the Model Rules adopted by the Attorney General under ORS 279A, 279B, and 279C (the "Model Rules") allow more than this definition for advertising contracts, the Model Rules do not apply. C. "Bid" means a binding, sealed, written offer to provide goods, services or public improvements for a specified price or prices. 1- Public Contracting and Personal ServiceGentFact-s~erdinance Amendment-2005 D. "Exelllptions" mean exemptions from the formal competitive selection procedures for public improvement contracts and contracts and personal service contracts of architects, engineers, land surveyors, and related services, as well as contracts and Glasses of contracts designated as "special procurements" under ORS 279B.085. E. ' "Fornnal competitive selection ,proce(jures~ means p~ocedures, for,publ~c contracting as required by ORS 279B.050(1) (competitive sealed bids or competitive sealed proposals for goods and services), or ORS 279C.335( 1 ) (competitive bids for public improvements) F. "Fornnal competitive selection process" means the process of using formal ~ competitive selection procedures for the procurement of goods and services or for public improvements contracts and personal service contracts of architects, engineers, land surveyors, and related services. G. "Proposal" means a binding offer to provide goods, services or public improvements with the understanding that acceptance will depend on evaluation of factors other than, or in addition to', price. A proposal may be made in response to a request for proposals or under an informal solicitation. H. "Public contract" or "contract" means a sale or other disposal. or a purchase, leasE~, rental or other acquisition, by the contractina aaency of personal property, services (but not includina personal services as reaulated in Chapter 2.52), public improvements, public works, minor alterations, or ordinary maintenance necessary to preserve a public improvement. "Public contract" does not include arants. 1M. "Quote" means a price offer made in response to an informal solicitation to provide goods, services or public improvements. ,Jt "Services" means and includes all types of services (including construction labor) other than personal services as re~Julated in Section 2.52 of the Ashland Municipal Code. Section 2.5;0.020 Public Contracting Rules. The following rules are adopted as the city's public contracting rules. As provided by ORS 279A.065(5)(a), the Model Rules adopted by the Attorney General under ORS 279A, 279B, and 279C (the "Model Rulesl") do not apply, unless otherwise provided for herein or as adopted by ordinance or resolution by the Local Contract Review Board. Section 2.5;0.030 Local Contract Review Board. The City Council of the City of Ashland is designated as the Local Contract Review Board under the State of Oregon Public Contracting Code. The Local Contract Review Board may delegate its powers and responsibilities consistent with the Oregon Public Contracting Code, the Model Rules, and the Ashland Municipal Code. Section 2.5;0.040 Contracting Agency. The Financ~e Director, or his/her designee is delegated the authority to exercise all authorities ~~ranted by the Public Contracting Code, ORS 279A, 279B, and 279C, and all authority granted herein, and by subsequent ordinance or resolution. The Finance Director is designated as the City's "Contracting Agency" for purposes of contracting 2- Public Contracting and Personal Service Contracts Ordinance AmendmeAt-2005 powers and duties assigned to the City of Ashland as a "Contracting Agency,," For purposes of this chapter the "Contracting Agency" shall be referred to as the Purchasing Agent, who is the Finance Director or his/her designee. Section 2.50.050 Model Rules. Unless ,<<3xpressly provided herein,. or QY subseque.nt ordin~r:-tce orJesolution, the Model Rules, Divisions 46,47,48 and 49, adopted by the Attorney General under ()RS 279A, 279B, and 279C, as they now exist, and as they may be amended in the future, and in the Ashland Municipal Code, are hereby adopted as the City's public contrac:ting rules. Words and phrases used by these rules that are defined in ORS subchapters 279A, 279t3, and 279C and in .the Model Rules, have the same meaning as defined in ORS subchapters 279A, 279B, and 279C and the Model Rules. In the event that rules adopted by the Local Contract Review Board do not address a particular situation, the Model Rules apply. Section 2.50.060 Formal Competitive Selection Procedures. Administrative staff and departments have contracting authority and responsibilities as follows: A. The Purchasing Agent is authorized to: 1. Enter into Gitypublic contracts not to exceed $75,000:. 'Nithout addition31 authoriz3tion of tho Local Contract RsviO)N B03rd. All public contracts exceedina $75.000 must be approved by the Local Contract Rleview Board. Public cGontracts exceeding $75,000 for public improvements, identified in a Capital Improvement Pl3n, thatPlan that have been approved by the City Council through the budgetary process, shall be deemed to be approved by the l.ocal Contract Review Board. Chanae orders and amendments to a contract exceedina $75.000 or rnore than twenty-five percent (250/0) of the oriainal contract must be approved by the Local Contract Review Board. 2. Recommend that the Local Contract Review Board approve or disapprove public contract awards in excess of $75,000, or to change ord43rs or amendments to contracts of more than $75,000 or more than twenty-five percent (250/0) of the oriainal contract. 3. Adopt forms, computer software, procedures, and administrative policies for all City purchases consistent with the Ashland Municipal Code. B. All contracting by departments shall conform to approved City purchasing procedures adopted by the Purchasing Agent or the Local Contract Heview Board. C. Each department shall plan purchase requirements sufficiently in advance so that orders can be placed in economical quantities. D. The Purchasing Agent shall process requisition forms and negotiate purchases on the most favorable terms in accordance with adopted ordinances, state laws (including the Public Contracting Code), policies and procedures. Section 2.50.070 Formal Competitive Selection Procedures-Exemptions. 3- Public Contracting and Personal Service Contracts Ordinance Amendment-2005 All public contracts shall be based upon formal competitive selection requirements of ORS 279B.050(1) or ORS 279C.335(1), except as expressly provided in this subsection, or by subsequent ordinance or resolution. Regardless of whether a contract is exempt from the formal competitive selection process or not, no service or work may be performed, and no goods, supplies or equipment may be delivered, until a city purchase order has, been issued by th~ Purchasing ,Ag~nt. This requiremel1t may pe waived, hovllever, when circumstances exist that create a substantial risk of loss, damage, interruption of services or threat to public health or safety and that require prompt action to protect the interests of the City. The following classes of public contracts are hereby exempted from the formal competitive selection requirements of OR~ 279B.050(1) and ORS 279C.335(1): A. Any contract exempted by the State of Oregon Public Contracting Code or Model Rules; B. Any contracts expressly exempted from formal competitive selection procedures adopted by ordinance or resolution by the Local Contract Review Board pursuant to ORS 279B.085; C. Purclhases through federal progranls pursuant to ORS 279A.180; D. In the event of an emergency involving an immediate hazard to the public health, safety, or welfare, the city administrator, finance director, or public works director may secure necessary goods and/or services without a formal competitive selection process, provided that the Local Contract Review Board, at a regularly scheduled meeting within 30 days of the procurement, is furnished with a full repol1 of the circumstances and costs of the materials and/or services secured; E. Contracts for goods or services, or a class of goods or services, which are available from only one source. To the extent reasonably practical, the Purclhasing Agent shall negotiate with the sole source to obtain contract terms advantageous to the City. Sole source contracts for goods or services, or classes of goods or services, which are available from only one source which exce1ed $5,000, but do not exceed $75,000, must be approved by the Purchasing Agent. Sole source contracts for goods or services, or classes of goods or servi1ces, which are available from only one source which exceed $75,000 must be approved by the Local Contract Review -Board. The Purchasing Agent shall provide public notice via the City's Internet website of the determination of a sole- source contract that exceeds $75,000 at least fourteen (14) days prior to the LCRI3 approval. The determination of a sole source must be based on written findings that may include: 1. That the efficient utilization of existing goods requires the acquisition of compatible goods or services; 2. That the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; 3. That the goods or services are for use in a pilot or experim,ental.project; 'H 4. Other findings that support the conclusion that the goods or services are available from only one source; F. Contracts for products, services or supplies if the value of the contract does not exce,ed $5,000. Any procurement of goods or services not exceeding $5,000 f)ef ftem-.may be awarded in any manner deemed practical or convenient by the 4- Public Contracting-and Personal Service Contracts Ordinance Amendment-2005 Purchasing Agent (or any person with purchasing authority), including by direct selection or award. A contract awarded under this section may be amended to exceed $5,000 only upon approval of thE~ Purchasing Agent, and in no case may exceed $6,000. A procurement may not be artificially divided or fragmented so as to constitute a small procurement under this section; G.. . Contracts. for the purchase of copyrighted m~terial~ ~h.ere there is. only one supplier available within a reasonable purchase area for such goods; H. Contracts for the placing of notice or advertisements in any medium; I. ~ntracts for the purchase of services, equipment or supplies for maintenance, repair or conversion of existing equipment if required for efficient utilization of .. such equipment; J. Contracts for the purpose of investment of public funds or the borrowing of funds; K. Purchases of goods or services pursuant to a requirements contract ,^,hich was established by a formal competitive selection process. Purchases may also be made at prices established by a requirement contract or other agreemlent <between another public body and a contractor if the requirements contractwa~"c established by a formal competitive selection process; L. Contracts for purchase or sale of water, electricity, cemetery lots, cablle and telecommunication services, including internet bandwidth, and the sale of telecommunication materials or products or other services, materials or products traditionally provided by the City; M. Contract amendments, including change orders, extra work, field orders, or other changes in the original specifications which in the aggregate change the original contract price or alters the work to be performed, may be made with tine contractor if such change or alteration is less than twenty-five percent (250/0) of the initial contract, and is subject to the following conditions: 1. The original contract imposes binding obligation on the parties covering the terms and. conditions regarding changes in the work; or 2. The amended contract does not substantially alter the scope or nature of the project; N. Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established~byfederal, state or local regulating authority; O. Contracts not to exceed $50,000 for the purchase of goods, materials, supplies and services. For contracts for the purchase of goods, materials, supplies and services that are more than $5,000, but that do not exceed $50,000, a minimum of three competitive written quotes shall be obtained. The Purchasing Agent shall keep a written record of the source and amount of quotes received. If three quotes are not available, a lesser number will suffice, provided that a written record is made of the effort to obtain the quotes; P. Contracts 'nGt-to exceed $75,000 for public improvements, including Gontracts for services of architects, engineers, land surveyors and related services, (other than contracts for a highway, bridge or other transportation projects), if the following conditions are met: 1. The contract is for a single project and is not a component of or related to any other project; 5- Public Contracting and Personal~Service Contracts Ordinance Amendment-2005 2. When the amount of the public improvement contract (other than contracts for a highway, bridge or other transportation projects) is more than $5,000, but does not exceed $75,000, a minimum of three competitive written quotes shall be obtained. The Purchasing Agent shall keep a written record of the source and amount ofquotes received. If three quotes are not availab.le,. a J~sser number will suffice, provided that a written re.cord is . made of the effort to obtain the quotes; 3. The Purchasing Agent shall award the contract to the prospective contractor whose quote will best serve the interests of the City., taking into account price and other applicable factors, such as experience, specific expertise, availability, projeGt understanding, contractor capacity and contractor responsibility. If the contract is not awarded on basis of lowest price, the Purchasing Agent shall make a written finding of the basis for the award; Q. Contracts for a highway, bridge or other transportation projects more than $5,000, but not to exceed $50,000, if the. following conditions are complied with: 1. The contract is for a single project and is not a component of or related to any other project; 2. When the amount of the contract for a highway, bridge or other transportation projects is more than $5,000, but does not exceed $50,000, a minimum of three competitive written quotes shall be obtained. The Purchasing Agent shall keep a written record of the source and amount of quotes received. If three quotes are not available, a lesser number will suffice, provided that a written record is made of the effort to obtain the quotes; 3. The Purchasing Agent shall award the contract to the prospective contractor whose quote will best serve the interests of the City, taking into account price and other applicable factors, such as experience, specific expertise, availability, project understanding, contractor capacity and contractor responsibility. If the contract is not awarded on basis of lowest price, the Purchasing Agent shall make a written finding of the basis for the award. R. Contracts to purchase specialized cable television equipment and related components, connectors and hardware through the National Cable Television Cooperative and its approved equipment manufacturers and suppliers for the Ashland Fiber Network cable television system. S. Contracts for the purchase of cable television programming for the Ashland Fiber Netvvork cable television system. Section 2.5;0.080 Notice of Public Contracts. Notice of public improvement contracts or contracts for the purchase of goods or services may be published electronically instead of in a newspaper of aeneral circulation i1~Nhere the Purchasing Agent finds that such publication is likely to be cost effective-as- providod in ORS 279C.360. If the public improvement contract has an estimated cost in excess of $125.000. the advertisement must be published in at least one trade n1ewspaper of aeneral statewide concern. 6- Public Contracting and Personal Service Contracts Ordinanee Amendment-2005 Section 2.50.090 Disposal of Surplus and .Abandoned Property. The Purchasing Agent shall have the authority to dispose of surplus property and abandoned personal property not owned by thE~ City by any means determinHd to be in the best interests of the City, including but not limited to, transfer to other departments, government agencies, non~profit organi~atiQns" sale, trade,auction, or destruction; provided however, that disposal of personal property having" residual value of more than $10,000 shall be subject to authorization by thE~ Local Contract Review Board. >- Section 2: Ashland Municipal Code Chapter 2..52 is amended to read as follows: Chapter 2.52 PERSONAL SERVICE CONTRACTS Sections: 2.52.010 2.52.020 2.52.030 2.52.040 2.52.050 2.52.060 2.52.0I60 2.52.0~+O Definitions. Purpose. Personal Service Contracts-Listed. Rules and Procedures. Formal Competitive Selection Procedures-Exemptions. Notice of Personal Service Contract. Screening Criteria. Selection Process. Section 2.52.010 Definitions. A. "Personal service contracts" include contracts for services that requir~e '.c'-,;ccspecialized technical~ artistic, creative, professional or communication skills talent, unique and specialized knowledge, or the exercise of discretionary judgment skills, and for which the service depends on attributes that are unique to the service provider, other than contracts for an architect, engineelr, land surveyor or provider of related services as defined in ORS 279C.1 00. B. "Purchasing Agent" means the FinancE~ Director or his/her designee 'Nho has the authority to enter into personal service contracts. C. "Formal competitive selection procedures" means procedures for the selection of personal service contracts, which shall be the same formal procedures as are required for the selection of goods and.services as required by ORS 279B.060 (competitive sealed proposals) and as clarified in the Model Rules, C~AR 137- 047-0260. D. "Formal competitive selection process'" means the process of using formal competitive selection procedures for the selection of personal servic43 contracts. 7 - Public Contracting and Personal Service Contracts Ordinance AmendmE~nt-2005 Section 2.52.020 Purpose. Personal service contracts will be used to retain the services of independent contractors (other than contracts for an architect, engineer, land surveyor or provider of related services as defined in ORS 279C.1 00). Nothing in this section shall apply to the employmenjt of regular city employees. Section 2.52.030 Personal Service Contracts-Listed. Pursuant to ORS subchapter 279A.055(2), the following contracts or classes of contracts for personal services shall not be subject to the rules of procedure of Chapter 2.50 or the IVlodel Rules unless provided herein: A. Accountants; B. Appraisers; C. Computer programmers; D. Lawyers; E. Psychologists; F. Investment Consultants; G. Insurance Consultants; H. Advertising Consultants; I. Marketing Consultants; J. Graphics Consultants; K. Training Consultants; L. Public Relations Consultants; M. Comlmunications Consultants; N. Data Processing Consultants; O. Management Systems Consultants; P. Any other personal service contracts or classes of contracts that the Purchasing Agent or his/her designee identifies as personal service contracts. Section 2.52.040 Rules and Procedures. Personal service contracts are subject to the rules established by this section: A. Unless otherwise approved by the Purchasing Agent, all personal service contracts shall require the contractor to defend, indemnify, and hold harmless the City, its officers, agents and employees against and from any and all claims or demands for damages of any kind arising out of or connected in any way with the contractor's performance thereunder and shall include a waiver of contractor's right to ORS 30.285 and ORS 30.287 indemnification and defense. B. Unless otherwise approved by the Purchasing Agent, personal service contracts shall contain a provision requiring the person or entity providing the service to obtain and maintain liability insurance coverage in at least the amount of the City's tort liability limits, naming the City as an additional named insured, during the life of the contract. C. All pHrsonal service contracts shall contain all contract provisions mandated by state law and by the Ashland Municipal Code. These provisions may be incorporated in the personal service contract by reference unless otherwise provided by law. 8- ~ublic Contracting and Personal Service Contracts Ordinance Amendment-2005 D. The formal competitive selection procedures described in this section rnay be waived by the Purchasing Agent when an emergency exists that could not have been reasonably foreseen and requires prompt execution of a contract to remedy the situation that there is not sufficient tirne to permit utilization of the formal competitive selection procedures. E. Personal ~ervice contra,ct proposals may be modified or withdrawn at any time prior to the conclusion of discussions with an offeror. F. The Purchasing Agent shall establish internal procedures for the revievv, processing, and listing of all contracts, whether procured through a formal competitive selection process, or exempt from the formal competitive selection ~ procedures. Such review shall include a method for determining compliance with these rules. G. For personal service contracts that are anticipated to cost $5,000 or le~ss, such contracts must be memorialized by a formal purchase order. H. For personal service contracts that are anticipated to exceed $5,000, but not exceed-$25;000, at least three competitive written quotesJrom,.prospe~_ettve contractors who shall appear to have at least minimum qualifications for the proposed assignment, shall be solicited" Each solicited contractor shall be notified in reasonable detail of the proposed assignment. Any or all interested prospective contractors may be interviewed for the assignment by an appropriate City employee or by an interview committee. I. For personal service contracts that are anticipated to cost in excess of $25,000, the department head for the department that needs the services shall make the following determinations: 1. That the services to be acquired are personal services; 2. That a reasonable inquiry has been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel nor resources to perform the services required under the proposed contract; and 3. That the department has developed, and fully plans to implemE~nt, a written plan for utilizing such services which will be included in the contractual statement of work. J. All personal service contracts exceeding $25,000 shall be based upon formal competitive selection procedures, except as expressly provided in this subsection, or by subsequent ordinance or resolution. For personal service contracts that are anticipated to cost in excess of $25,000, the department head for the department that needs the services shall follow the formal conlpetitive selection procedures for formal competitive sealed proposals as found in the Model Rules, OAR 137-047-0260. Regardless of whether a personal service contract is exempt from the formal competitive selection process or not, no service or work may be. performed until a purchase order has been issued. Thjs requirement may be waived, however, when circumstances exist thajt create a substantial risk of loss, damage, interruption of services or threat to public health or safety and that require prompt action to protect the interests of the~ City. Section 2.52.050 Formal Competitive Selection Procedures-Exemptions. 9- Public Contractingandcpersonal Service Contracts Ordinance Amendment-2005 Contracts for personal services are exempt from formal competitive selection procedures if any of the following conditions exist: A. The contract amount is anticipated to be $25,000 or less. B. Contract amendments, which in the aggregate change the original contract price or alters the work to be performed, may be made with the contractor if such change or alteration is less than twenty-five (250/0) of the initial contract and are subject to the following conditions: . 1. The original contract imposes binding obligation on the parties covering the terms and conditions regarding changes in the work; or 2. The amended contract does not substantially alter the scope or nature of the project; C. The Purchasing Agent finds that there is only one person or entity within a reasonable area that can provide services of the type and quality required. D. The contract for services is subject to selection procedures established by the State or Federal government. E. The contract is for non-routine or non-repetitive type legal services outside the Legal Department. Section 2.52.060 Notice of Personal Service Contract Public notic~e of the request for proposal of a personal service contract shall be aiven in the same manner as provided under 2.50.080. Section 2.52.0160 Screening Criteria. The following criteria shall be considered in the evaluation and selection of a personal service contractor for personal service contracts: A. Specialized experience in the type of work to be performed. B. Capacity and capability to perform the work, including any specialized services within the time limitations for the work. C. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration, wherle applicable. D. Availability to perform the assignmE~nt and familiarity with the area in which the speciific work is located, including knowledge of designing or techniques peculiar to it, 'where applicable. E. Cost of the services. F. Any other factors relevant to the particular contract. Section 2.52.0!!70 Selection Process. The following rules shall be followed in selecting a contractor for personal services: A. Personal service contracts less than $5,000, may be awarded in any manner deerned practical, including by direct selection or award by the Purchasing Agent (or any person with purchasing authority). A personal service contract awarded under this section may be amended to exceed $5,000 only upon approval of the Purchasing Agent, and in no case Jnay exceed $6,000. A personal service contract may not be artificially divided or fragmented. 10- Public Contracting and Personal Service Contracts-Ordinance Amendment-2005 B. For personal service contracts that exceed $5,000, but do not exceed $25,000, the department head for the department that needs the services shall award the contract to the prospective consultant whose quote or proposal will best serve the interests of the City, taking into account all relevant criteria found in Section 2.52.060. The Department Head shall nlake written findings justifying the basis for the award. C. For personal service contracts that will cost $25,000 or more, or chan()e orders or amendments to contracts of more than $25.000. the Department Head shall select3'Nard the ~contractor based on the formal competitive selection processes found in the Model Rules and recommend that the City Council ~ approve or disapprove the selected contractor. The Dop3rtment Head shall m3ke '.vritton findings justifying tho b3si~~ of the 3\\'3rd. D. The City official conducting the selection of a personal service contact shall negotiate a contractwith the best qualified offeror for the required sen/ices at a compensation determined in writing to be fair and reasonable. I The foregoing ordinance was first read by title only in accordance with ArticlH X, Section 2(C) of the City Charter on the day of ,2005, ,2005. and duly PASSED and ADOPTED this _ day of Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2005. John W. Morrison, Mayor Reviewed as to form: Mike Reeder, Assistant City Attorney 11- Public Contracting and Personal Service Contracts Ordinance Amendnlent-2005 DOCUMENTS SUBMITTED AT THE OCTOBER 4TH CITY COUNCIL MEETING Ashland Forest lands Commission Three Year Goals October, 2005 DRAF=T To develop and implement a more comprehensive monitoring plan on city-owned forestlands. To review and update the existing Memorandum of Undterstanding with the USFS for approval by the City Council. To update the 1992 Ashland Forest Plan and make it consistent with the Northwest Forest Plan. To complete a silvicultural prescription for the 160 acre VVinburn Parcel. Projected implementation is 2006-2007. To design a riparian management strategy for city-owned lands. To develop a community outreach plan to increase awar~eness of our watershed and promote greater community involvemlent within city-owned forestlands and beyond" Involvement could include monitoring of the AFR. This may require City funding. To create an active non-native species control effort on Gity lands (includes inventory, eradication plan and monitoring). To create a fire management plan to address potential ,^,ildland fire occurrences. Defines a program to manage wildland and prescribed fires. Ashland Forest lands Commission 2004-200~5: A year marked by meetings, meetings and more meetings! September and October 2004 October 2004 November, 2004 March, 2005 April, 2005 May, 2005 June, 2005 July, 2005 August, 2005 September, 2005 Drafted a Community Wildfire Protection Plan (CWPP) that provided the framework for addressing critical components of Ashland's wildfire defense strategy and included the Ashland Forest Resiliency Community Alternative (AFRCA); held public forum; obtained Council approval on this first in the nation CWPP under the Healthy Forests Restoration Act. Hosted a public hike to the Winburn Parcel; redefined AFRCA T* tasks to respond to the Forest Service's request for clarification on AFRCA; appointed Marty Main and Darren Borgias as liaisons to the Forest Service. Hosted public hike to lower watershed. Renewed effort to develop a management plan for the Winburn Parcel (City Forest Lands Restoration Project Phase III). Half day retreat - agenda included goal setting, charter review, roles of participants and future collaboration processes with various stakeholders. Various national fire plan grants received; fire prone domestic vegetation removal and general thinning on private lands programs implemented within the Ashland interface a rea. Joseph Vaile appointed to the commission. AFRCA T began biweekly meetings to respond to the Forest Service DEIS by August 8; meetings self-governed by open meetings law; distributed informational brochure; hosted public hike; City Council approved recommended updates to Commission charter. Dan Maymar appointed to the commission. City Staff met with Forest Service and agreed to a two month window in which to clarify City's response to the DEIS. * AFRCAT membelrs include: Marty Main, Consulting Forester and City of Ashland (Team Leader); George Badura, Soil Scientist; Frank Betlejewski, Natural Resource Specialists (AFLC member); Darren Borgias, Southwestern Ore~,on Program Manager / Ecologist, The Nature Conservancy; Richard Brock, Consulting Botanist (AFLC Member); Chris Chambers, City of Ashland Forest Work Grant Coordinator and volunteer; Evan Frost, Consulting Ecologist; Tony Kerwin, Wildlife Biologist (AFLC member); Jay Lininger, Forest Ecologist; Cindy Deacon Williams, Conservation Director, Headwaters (fisheries biologist); Diane White, Ecologist (AFLC member); Keith WClodley, Fire Chief, City of Ashland (AFLC Staff Liaison); Nancy Slocum, City of Ashland (AFLC Staff Liaison). I Mike Reeder - Response to Public Contracting Questions Page 1 I From: To: Date: Subject: Mike Reeder Cate Hartzell 10/4/2005 5:53:36 PM Response to Public Contracting Questions Cate: Below are my responses in bold. I'll have a copy for each of the Council members tonight. Thanks!! Mike R. Mike Reeder Assistant City Attorney City of Ashland, OR (541) 488-5350 - PHONE (541) 552-2092 - FAX TTY 1 (800) 735-2900 reederm@ashland.or.us Visit the city's website at: www.ashland.or.us >>> "Cate Hartzell" <cate@mind.net> 10/4/2005 12:32:53 AM >>> Mike(s), If you have time prior to tonight's meeting, could you offer input, modification of the following for potential inclusion in the contracting ordinance. My intent is to make sure that the non profits that we do business with public funds with (there are a significant number) are fulfilling their obi igations. "All non-profit corporations receiving City (or public) contracts and grants shall adhere to federal and state requirements for non-profit corporations and their adopted policies. Credible, written complaints of violations can be presented to the Contract Review Board and if deemed valid will be cause for the suspension of the contract until the corporation is in compliance." Also, 1. what's the difference between "city" and "public'" contracts? We chose to recommend that the term "city" be replaced with "public" for consistency, since this is our "public" contracting ordinance. Other contracts that are not governed by the state Public Contracting Code are the "personal services" contracts as regulated by AMC 2.52 (sometimes called "consultant services" contracts). These personal services contracts are "city" contracts, but not "public contracts" as regulated by the state PCC and defined by my suggested addition of the definition of a "public contract" in AMC 2.50.010{H). 2. In .060 A.1, Does the third sentence refer to projects? Because the I Mike Reeder - Response to Public Contracting Questions Page 2J CIP doesn't present or approve contracts? Usually, there's not even a price. The third sentence does indeed refer to projects identified by the CIP (complete projects that would go thrclugh the formal solicitation process--that may be for multiple years--but for which there is only one contract). You are correct, the CIP and budgetary process does not present or approve contracts, but rather projects. The anticipated cost is an estimate only. This language was taken from the old ordinance and I believe was a policy choice to alleviate what could be seen as redundancy. 3. In .060 A2, shouldn't there be a threshold for the ending "25%" of the contract amount? Like for contracts where there 25% would be more than $1,000 or some number? Actually, at the recommendation of Lee and Gino, I will be suggesting not adopting the originally proposed lan~~auge "...or to change orders or amendments to a contract exceeding $75,000 or more than 25% of the original contract price. II So, in answer to your question, the original draft I sent to Coun(~iI had a $ threshold of $75,000. However, this (and the 25% language) was removed. However, this is a policy choice and the Council may direct that this language (or similar language) be included. In effect, Council would be deciding that if an approved contract for over $75,000 needs to be changed or amended and that change or amendment is either $75,000 or more, or 25% or more of the original contract price, than Lee must come back to Council for approval (likely in the middle of the project). 4. In .070 D. Seems like a regularly scheduled meeting within 30 days if there really was a true emergency wouldn't serve us. I would like to introduce "a le!~ally noticed meeting within 30 (or even 60) days". Would you see a problem with that? It could be abused, but it seems like this section should be reasonable around potentially long-term emergencies. This section i~s assuming that the emergency has subsided and things are back to normal--so that the next time Council meets, they get a report justifying the expenditures. For example, if there was a true emergency such that the Council did not meet in 30 days after the procurement, then there would be no regularly scheduled meeting, so hence, no requirement to report (yet). I guess the reasoning is that if Council is having a regularly scheduled meeting then conditions are normal enoug!h to have a report. However, I don't see a problem with changing to 60 days. Also, nothing in thh; section prohibits Council from asking for a report earlier than the regularly scheduled mE!eting. 5. In .070 L. Given all the concern about selling water systems, do you think we should word this one more carefully? II realize it says ".. Traditionally provided by the City" but some one could argue that selling water is what we do, so selling water to another provider is within scope. I think we need 1to make sure there's nothing here to create cause for heartburn. Contracts for purchase or sale of water to the extent that such sale is allowed by the City Charter...? 6. In .080, I am going to suggest that if you're making it instead of, that "cost-effective" isn't a good criteria. Seems the intent is to notice so, wouldn't it be that we believe that the use of electronic means would "reasonably be expected to ensure at least as much exposure of our contract advertisement as traditional media routes?" Good point. However, I think that this is what the drafters of the state PCC meant by I Mike Reeder - Response to Public Contracting Questions Page~ "cost-effective." This language comes straight from the state rules. However, we could change the language to be clearer as suggested. I think that the reason the state allowed this option was to recognize that some communities do not benefit by advertising in the local paper--they need a much larger notice net. 7. In 252.040 E. what's the definition of "Conclusion of discussions" because there's definite wiggle room in there if you ask me. Is this a legal phrase? I know you're not proposing changes here, but I am seeing a need for one, and we are housecleaning. I agree. I think we could change it to state: "Personal service contract proposals may be modified or withdrawn at any time prior to the execution of a personal services contract." Thank you, Cate WILLIAM A. MANSFIELD Attorney at Law 408 South Oakdale, P. O. Box 1721 Medford, Oregon 97501-0134 Telephone (541) 779-2521 FAX (541) 772-2664 October 4, 2005 John Stromberg Ashland Committee for Policing and Safety 252 Ridge Road Ashland, OR 97520 Dear Mr. Stromberg: The question .has been posed whether the proposed Community Policing Ordinance qualifies as an ordinance, or must as a matter of law be treated as a resolution. The answer is' that it is an ordinance. Under the general rule of the law of tvlunicipal Corporations, followed by all " or most states, a subject is more properly a resolution if it deals with a "special" or "temporary" matter, and does not create a new status of a constant and continuing nature. 56 Am. Jur. 2d Municipal Corporations, Section 296, at p. 338. An ordinance, on the ~ther hand, establishes a permanent rule of conduct or government, and all legislation that affects people in an important or material way should be enacted by ordinance. 56 Am. JUf., supra, Section 295, at p. 3~~6. The real distinction is between legislative acts, vvhich prescribe permanent legislation, and temporary adm.inistrative acts, which latter acts may be accomplished by ordinance if the charter so requires. Campbell v. City of Eugene, 116 Or. 269 (1925). Resolutioins, on the other hand, are not law but merely express. opinion. . Baker v. City of Milwaukie, 271 Or. 500(1975). If a council enactment follows the formal procedures and forms for the enactment of an ordinance, its enactment qualifies as an ordinance. Illustrative of the general rules is the decision by the Supreme Court of Rhode Island in O'Connell v. Bruce, 710 A.2d 674 (R.I. 1998). In that case, a group of retired police officers and fire fighters sued to have a pension plan declared invalid because it had been enacted by the City Council of West Warwick as a resolution instead of an ordinance. The couri rejected the challenge, ruling that it made no difference whether the council called it an ordinance or a resolution. The first line 'of the court's opinion is the quotation from Romeo and Juliet: "What's in a name? A rose by any other narrle is just as sweet." (O'Connell at 675, and note). The court goes on to say: - 2. - "The term 'ordinance' means something more than a mere verbal motion or resolution......... It must be invested not necessarily literally, but substantially, with the formalities, solemnities, and characteristics of an ordinance, as distinguished from a simple motion or resolution. * * * * "[A] resolution deals with matters of a special or temporary character, an ordinance prescribes some perl11anent rule of conduct or government, to continue in force until the ordinance is repealed. An ordinance is distinctively a legislative act . . . . . ." (O'Connell, at 679). The proposed Community Policing ordinance is squarely within the legislative powers of the Ashland City Council. City councils generally have broad legislative "police powers." Morris v. City of Salem, 179 Or. 666, 174 P .2d 192 (Or. 1946). "Police powers" in this context means the power to enact legislation for the protection and promotion of public health, safety or welfare. 56 Am. Jur.2d, supra, Section 384, at p. 424. Most or all laws relating to operations of city police fall within that category. Generally, if anordinance is within a city council's police powers, it is presumed valid. Am Jur., supra, Section 337, at p. 385. The Oregon Supreme Court has ruled that this presumption is so strong that an Oregon city council's ordinance under its police powers is valid unless it is established "beyond a . reasonable doubt" that there is no rational relationship between the ordinance and its objective. Leathers v. City of Burns, 251 Or. 206, 444 P.2d 1010 (Or. 1968). The proposed Community Policing ordinance provides rules of conduct for the police, is permanent, and the form and contemplated proceedings follow the "formalities, solemnities, and characteristics" of an ordinance. The proposed Community Policing legislation qualifies, and is more appropriately treated, as an ordinance, rather than a resolution. Very truly yours, ;JI!/~~~:lk William A. ManSfie,r/)r My name is Ann Marie Hutson and I live at 550 Oak Knoll. I am here tonight because I am frustrated that the City Council has imposed an unfair, unjust, and immoral surcharge against all citizens of Ashland, whether they are or are not AFN subscribers. Before I begin, though, I'd like to tell you of my own personal exp(~rience with bureaucrats. Shortly after beginning my teaching career, I worked as an intern at the Bureau of Land Management in Washington, D.C. During that summer, I typed many letters. By the end of the summer, I had mailed only two. You see, every letter I typed went to 15 people, who then made corrections. Those corrections were sent back to me and I retyped the letter, sending it back to those same 15 people. And on it went. It seems to be the nature of the beast that bureaucrats don't run a business the way you or I would. Why should they. There are few consequences for wasting the AFN -F,CLscu taxpayers'money. This seems to be another example of bureaucrats at work. ^ I have researched the origin of this failed venture. I understand that both Qwest and Charter were asked to provide Ashland with high-speed internet '-fh~ service and declined because it was not economically feasible. Somehow, ^ somewhere, a former Ashland administrator and a former mayor made the decision NOT to listen to the experts, and NOT to ask the citizens what they wanted; but, instead, entered the world of private business. A world where bureaucrats have no business inhabiting. $15.5 million dollars later, other bureaucrats want to keep this failed business running, and ask its citizens to foot the bill. My frustration and feelings of powerlessness caused me to stand in front of Shop-n-Kart with a petition that read "We, the undersigned, are opposed to the arbitrary surcharge of$7.50 per month for AFN, as voted on by the Ashland City Council. We believe other options should be sought." I stood for 3 days for a total of 10 hours. Another volunteer, Barbara Ross, stood for 2 hours at Market of Choice. We collected over 300 signatures in that short period of time. Your decision has struck a chord. The citizens of . Ashland, young and old, AFN users and non-users, are furious. They wondler why they have to pay for the mistakes that others have made. These petition signatures represent the tip of the iceberg. Approximately one quarter of those who signed the petition stated they will refuse to pay the $7.50 surcharge. You need to listen to these citizens of Ashland. You need to, as tht~ Medford Mail Tribune said so succinctly in its Friday editorial, PULL THE PLUG. Sell AFN to the highest bidder. Sell some of the assets the City oV\rns -- perhaps a mountain, a hospital, an airport, a golf course, valuable acreage ... to payoff this debt. It is immoral to saddle the citizens of Ashland with a debt not of their making. And promise that you will never, ever, aHow the City of Ashland to go into private business again. L~~Rd now, l1ntil my time is up, I'll rcad 501ne of the names on the petition. PETITION OPPOSING $7.50 AFN SURCHAR4~E We, the undersigned, are opposed to the arbitrary surcharge of$7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME 6.5r '7'-1 D ~a, l:s ~C( v dt. . r., . rk 7'13 St, Hnd/1M/s L'r- 25 PETITION OPPOSING $7.50 AFN SURCHAR4~E We, the undersigned, are opposed to the arbitrary surcharge of$7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME ADDRESS DATE /1 f} -3 -()-5'" 10 -3 -03 )L)~ ~ ~Dr lo/p:JIC>5 , t la/~'7 j lIr---- ~ PETITION OPPOSING $7.50 AFN SURCHARtGE We, the undersigned, are opposed to the arbitrary surcharge~ of$7.50 per month for AFN as voted on by the Ashland City Council. We believe AFN is a failed venture and other-'options should bt~ sought. ~ PRINT NAME SIGNATURE ADDRESS DATE ? r 7" flU ~ ~ rllJt4l {; uAt, PETITION OPPOSING $7.50 AFN SURCHARGE We, the undersigned, are opposed to the arbitrary surcharge~ of $7.50 per month for AFN as voted on by the Ashland City Council. We believe AFN is a failed venture and other options should be sought. PRINT NAME SIGNATURE Qf\')\v ~\~' 5r D~ e ~ J J (Jv,. -f>~M;. 4'-t ~ E /~cLI10 r V; Brl.0nt:tf(r?r- 110 ~~ 8~c0 /~>. ' 'v~~ PETITION OPPOSING $7.50 AFN SURCHAR.GE We, the undersigned, are opposed to the arbitrary surc.bargt~ of$7.50 per month for AFN as voted on by the Ashland City Council. We believe AFN is a failed venture and other options should be sought. PRINT NAME SIGNATURE ADDRESS A DATE )~-G 4r5A~ ~ ~6I~VP~~5~ f~ ~;;~~:~ ~ . f~~5"" Ip21 at ~IY"I()yr{ Sf. Cf/2- 3/~ $" . 4'-7~i<~ s..{~~,P-~3_()S f/5' W. '~d_ ~c:(~/bS ,I I q /2~/!J) 7 ( CJ,lz j/ (1)- 91 ~l\,I(:() 9"h J /ay- , z p_'J/~ I ql.2~..l d$-~ ~/2-Vq 7' /da~ ~~(j~tJ~ 2. S' 2- f >T 07.~ ~ Il..s-' . Ie;. ~ 13robf5 /A1/e.. I~~) ~l~ Sf tf~J 'iff:[ yjIM~J..fI'.-.-~~ rt .~ PETITION OPPOSING $7.50 AFN SURCHARGE We, the undersigned, are opposed to the arbitrary surcharg(~ of$7.50 per month for AFN as voted on by the Ashland City Council. We believe AFN is a failed venture and other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE ~tMj~~ ;)(~f\i~ckv ~_~~J. '~~b ~M ~45 M;~ i!3!5; -dti t:jj ~ 1"("/ ();f{{;-~j/lt')~/v . ~'L/;I "~~ ~~~~~~:~M ~~UO~o =; Yft~f6): -::)v-.. ~ ;1"\ . 1 cJ (, I G- rt( V1-f 71- JJshlo";'i' / ;) ; j 0 J ttt.e. etfe, ~ j.~1 bll s.- t19t/t..i -; (-D16~ . {l<JJL,,~- r~3)t. 5. ~ l~tI ~ r;, 1.IA1f4AfI1Jm(j ~ a ~ / hAVf '1 PJA a.~ L/ ~~ Utk.fLrf, ~flz~ 5Lj{) 1+J~.., oJ.: q.~3.~:r ':, y () A~-Lr s+ '7 . Z:S 0.$- PETITION OPPOSING $7.50 AFN SURCHARGE We, the undersigned, are opposed to the arbitrary surcharge of $7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE I ~ I/o$" /p}/es Id) ~ ~ Iv. I/o . '! ~;r,r .soeLIB6~ s;, /O-I-OS- d~6;;;~~4 K;~~~~5 PETITION OPPOSING $7.50 AFN SURCHARGE We, the undersigned, are opposed to the arbitrary surchargt~ of$7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE PETITION OPPOSING $7.50 AFN SURCHARGE We, the undersigned, are opposed to the arbitrary surcharge of $7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE 3 u -r;;~ ~<,'pR./t;.NA.,-,- ~~~Pf'~~/ ("'~~ ~~~0~~e N b Ltt-f4!-; t ~ f) PETITION OPPOSING $7.50 AFN SURCHARGE We, the undersigned, are opposed to the arbitrary surcharge: of$7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE JQ,; cr, r; '" '"' ... j(,. A . _ ~ kin F'<C <I 1;)...a ~ \-\r. f-w _ () ~ 1- C I ?<JD 5 KldY1ltf/n .yZ~ XtJ,~ JfJwe &05 EJAtad&rS/r ()Cj- /. dlJ()5 ~e~n:~~ '0f\D~'{\OF ~~'M~\A...W. t l)~'\~i){Vitw~\)A (0 ~II.'J.(O.J UCRbfNlJ9 F)-kdVG- ---cJ1;~,q-/r~ ?.g", f~/JV-L-, lO-/-O!) .:::TO 6-1-11/ /J, k / N 6- 2-~ 9 f~ . I () ..;I-()~ $t-e.v e... V) \-t~ \\ ~6~ \-\. \.) \ , \ b ~ \ \ PETITION OPPOSING $7.50 AFN SURCHAR4:;E We, the undersigned, are opposed to the arbitrary surcharge of $7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE E I,~ S o..-b.e. th 0.. 5 -I- .. V\ J.. {( KI'LI:t1 I g ~ CeY\W.A-V't / f!p Ce""<+~n/ ,4-C/L IO-I-O~ J 0 /, / 0 ~ \ALJA~H A I, 1tX/, Jos- 1tJ./ I J()~ / I 10-/-07- 10 - ( -05 /P .-/ -P.5 PETITION OPPOSING $7.50 AFN SURCHARGE We, the undersigned, are opposed to the arbitrary surcharge of $7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME ~fu'~ ~,~ ADDRESS DATE' ~~~~Ilf /~// /D5----- /t: ,/ cf:j // o.s- ,/ ,o/I/ors- I 1 /)// /05' . I l'l ..- - · e 11(, J-7 Iv jlV,.. fa ~ I-A-LCU'.J ~'O11(6~ 00.. ' H3TF':~LD ot M.o I"Z" N . \. " 'U~-\ -~ ~ 1Yl~~hffF1 MANN ~d tJ1/iA14fJ 1.1<3~1J1P1fh)faJ~ Jo-/~oE l+f?:rflJJ!< SooJEJy ~~" ~~- ~,.(j?1!fA'&1IA. . ., '!:t IJtqf17f? Vl5TJf/~+()~ 5""'1 .14.. ~JWt~IAJ<; ~~~ ~(;~,r Ia.K~/t,--".JUd~(J-i-<a teL,(4 .4{/1J5cJ flLe-tl !ltJ5S" 8/r~k^ ,f)&dL L/~ /1J-/~"J \ k \- f\~~ \ l1\.~ ~ ~ '0 4., 55 '- N. . !"" < ~. ,.~ _; ... Ob '~'7 Cra:kR.1 9~' ~/~ qlf~/"G =LS R~Ltot-- 61t- lo;,~S' q2 J - Q'iA~9.rA~ · I ~ (. 1SS!f~. ,-~ ' .. . ~/t/o _ <?lJ-..(~ j.. "tI1) 1.4 'l/ ~1- <; r I}s L Lln,.'/ '- ~;>r.2 ~w t)dr, fLlNlE '7 f, ,\ Iii 17.S'<.D /0;1 I ~ PETITION OPPOSING $7.50 AFN SURCHAR(;E We, the undersigned, are opposed to the arbitrary surcharge of$7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. ;;;;=- PRINT NAME SIGNATURE ADDRESS DATE ......... G'I ...J2~^, ~'t ZJ":V C. ( l '11 & L/I G J 2 c 1<i1 Chr' ~C~N~()N ) "7/'-1 H ()/Y)rf.!J A VQ PETITION OPPOSING $7.50 AFN SURCHAR(;E We, the undersigned, are opposed to the arbitrary surcharge of$7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE /1 r/ ADDRESS DATE h,.('/i v 1.5 F .IN ?, '-2 ~;0~ /~cr '~:l . -" PETITION OPPOSING $7.50 AFN SURCHAR~GE We, the undersigned, are opposed to the arbitrary surcharge: of$7.50 per month for AFN as voted on by the Ashland City Councill. We believe other options should be sought. PRINT NAME ADDRESS DATE Ig-{~ ~ PETITION OPPOSING $7.50 AFN SURCHAR(;E We, the undersigned, are opposed to the arbitrary surcharge of $7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE PETITION OPPOSING $7.50 AFN SURCHAR(;E We, the undersigned, are opposed to the arbitrary surcharge of $7.50 per month for AFN as voted on by the Ashland City Council. We believe other options should be sought. PRINT NAME SIGNATURE ADDRESS DATE t1A~l~~ ~. S'r-d/T Ir Ley- Rt'5~ /Vj ~td I t:5 -I r ,3 Jr---- /L'/ / <?/ k J- / / / 0 .~t '-oJ'