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Home My WebLink About2006-1121 Council Mtg Packet CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 21,2006 Civic Center Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session to discuss pending litigation pursuant to ORS 192.660 (2)(h) and to discuss labor negotiations pursuant to ORS 192.660 (2)(d) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes} 1. Executive Session meeting minutes of November 7,2006 2. Regular Council meeting minutes of November 7,2006 VI. SPECIAL PRESENTATIONS & AWARDS 1. Tree of the Year - 2006 Award 2. Presentation by ODOT regarding Exits 14 and 19 3. GFOA Award - 2006 VII. CONSENT AGENDA [5 minutes} 1. Minutes of Boards, Commissions, and Committees 2. Termination of Easement at 1200 Prospect Street 3. Revised Contract for Interim Chief of Police 4. Appointment of Alexander C. Krach to the Historic Commission VIII. 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 ~2.04.040}) IX. 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} COUNCJL MEEITNGS ARE BROADCAST LIVE ON CIIANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.1JS X. UNFINISHED BUSINESS 1. Update on the Schedule to revise the Conservation Element of the City's Comprehensive Plan [15 Minutes) XI. NEW AND MISCELLANEOUS BUSINESS 1. Establish Street Taskforce [15 Minutes) 2. Delegate to Jackson County Committee to End Homelessness [5 Minutes) 3. Council Discussion of Concepts for Proposed Agreement between Ashland Public Schools and Parks and Recreation Department for School Grounds Maintenance [15 Minutes) XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second Reading of an Ordinance Titled, "An Ordinance Adding a New Section to Tittle 14, Chapter 4, Restricting the Addition of Substances to the Drinking Water" 2. Second Reading of an Ordinance Titled, "An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts" 3. Second Reading of an Ordinance Titled, "An Ordinance Amending Chapter 2.50 of the Ashland Municipal Code relating to Rules of Procedure for Public Contracting" 4. First Reading by title only of an Ordinance Titled" An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials" X First Reading by title only of an Ordinance Titled, "An Ordinance Amending the Ashland Municipal Code Relating to Regulations for Parades and Public Assemblies; Repealing Chapter 11.40 of the Ashland Municipal Code" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1 . Discussion of 2006 Council Goals XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCILMEETTNCiS ARt:: BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASI-ILAND'S WEB SITE AT WWW.ASHLAND.OR.lJS ASHLAND CiTY COUNCiL MEETiNG NOVEAfBER 7, 2006 PAGE 1 of8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 7, 2006 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, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced there are volunteer positions available on the Tree Commission and Bicycle & Pedestrian Commission. Applications are also being accepted for terms on the Citizen's Budget Committee beginning in January. APPROVAL OF MINUTES The minutes of the Executive Session Meeting of October 17, 2006 were approved as presented. The minutes ofthe Regular Council Meeting of October 17,2006 were approved with the following amendments: 1) Page 4, Chris Hearn represents the co-appellant and the applicant Sage Development LLC, and 2) Page 5, Ambuja Rosen's testimony should read "cats and dogs" rather than "an animal". Councilor Hartzell clarified her comment listed on Page 2 of the minutes should have read, "Councilor Hartzell commented that it doesn't seem that the mechanism is there to appraise the level of demand created for yards and pools." SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Annual Ambulance License Renewal. 3. Confirmation of Appointment of David Stalheim as the Community Development Director. 4. Request for Approval of Easement for I.O.O.F Building. 5. Request for Approval of Easement for Public Trail Purposes. 6. Liquor License Application for Azteca Mexican Restaurant. 7. Telecommunications Franchise Agreement with Sprint. Councilor Hartzell requested Item #3 be pulled in order to acknowledge the new Community Development Director David Stalheim. Councilor Hartzell/Chapman m/s to approve Consent Agenda Items #1, #2, #4, #5, #6, and #7. Voice Vote: all AYES. Motion passed. Mayor Morrison explained the process used for selecting the Community Development Director. He noted the site visit that was done and commented on Mr. Stalheim's qualifications. City Administrator Martha Bennett noted Mr. Stalheim would begin working for the City on January 2,2007. Councilor Jackson/Chapman m/s to approve Consent Agenda Item #3. Voice Vote: all AYES. Motion passed. ASHLAND CiTY COUNCiL MEETiNG NOVEMBER 7, 2006 PAGE 2 of8 PUBLIC HEARINGS 1. Continuation of an Appeal of Planning Action 2006-00078 - Request for an Outline Plan approval under the Performance Standards Option Chapter 18.88 for an 18-unit single-family residential subdivision for the property located at 247 Otis St. An Exception to the Street Standards is requested to allow curbside sidewalk in sections of the Otis and Randy Street frontages to preserve trees, wetlands and the residence at 247 Otis St. Mayor Morrison called the Continued Public Hearing to order at 7:21 p.m. and read aloud the procedure for Land Use Hearings. Exparte Contact Councilor Silbiger stated that one of the appellants, Art Bullock, spoke to him on an unrelated matter. Councilor Jackson stated she has visited the area. Assistant City Attorney Richard Appicello clarified this is a Continued Public Hearing and it is not necessary to re- state the potential conflict of interest cited at the previous hearing. Art BullockIVoiced his understanding that officials are required to make a public declaration at each session or meeting where the issue is addressed. Mr. Appicello advised the Council in order to avoid a challenge on this issue it would be best to have any conflicts of interest restated. Councilor Amarotico stated he has a potential conflict of interest. His brother lives across the street from the site, however this would not affect his ability to make an unbiased decision. Art Bullock/Stated that Councilor Amarotico has an actual conflict of interest. Mr. Appicello stated there is no actual conflict of interest that he can determine. Opponents and Their Representatives (cont.) Devian Aguirre/Cyndi Dion/Lila Appleberry/Kindler Stout/Art Bullock/Mr. Bullock requested the record be kept open in order to submit a petition asking the developer to pay part of the costs for the Laurel Street Local Improvement District (LID). Ms. Aguirre clarified there is a condition that requires the water rights be split between the homeowner's association and the owner of Lot 18. Upon approval of the project, they will quantify the amount of water that is required for the pool and guarantee that this amount is insured for the perpetuity of the livelihood of the pool. She stated the balance ofthe water would likely be used to enhance the wetlands and create a natural-like feature with historical significance on that portion of the property. She added in the event of a sale of the land and the pool, the pertinent water rights would be attached to the property and the first right of refusal would go to the homeowners association. Mr. Bullock noted the specific water feature has not been established, however the feature will need to be approved at final plan. Ms. Aguirre stated she would not be opposed to the Council requiring participation in the Laurel Street LID. Mr. Bullock stated there is no City policy that would require the developer to participate in the Laurel LID and requested a policy be developed so this aspect can be addressed at final plan. ASHLAND CiTY COUNCiL MEETiNG NOVEMBER 7, 2006 PAGE 3 of8 Staff Response Interim Community Development Director Bill Molnar and Senior Planner Maria Harris addressed the Council. Mr. Molnar clarified there is a section of the Ashland Municipal Code that provides the approval authority the right to consider a condition that would require participation in a local improvement district. There is also a section that discusses the ability of an individual to remonstrate from such a local improvement district. Mr. Molnar noted there has been some discussion by the Planning Commission on whether these sections conflict and it has been suggested that at some point in the near future this be further evaluated. He stated there have been no recent changes to the policy and there has not been any direction to staff that they change this policy. City Attorney Mike Franell clarified this particular code provision is located in AMC 13.20.050(c). Councilor Silbiger noted that the effect of such a remonstrance would only postpone the action of forming a local improvement district for a period of six months. Mr. Franell stated that this is correct. Mr. Molnar explained this application needs to improve all of the streets within the subdivision to City street standards, as well as the frontage on Randy and Otis. He commented on the Planning Commission's decision for the sidewalk along Randy Street be extended down to the intersection of Laurel and Randy as an offsite improvement. He stated the Applicant has agreed as a condition of outline that at final plan, the City's Engineering Department would reevaluate and determine ifthere are any other additional offsite mitigation measures that may be necessary; or the Applicant would consent to participate in a local improvement district proportionate to the impact of the development. He clarified at this point, staff has not yet concluded that there is a need for any additional improvements. Ms. Harris clarified the surrounding streets are improved to City standards; they are paved and have curbs/gutters, however some are missing sidewalks. She stated the application as the Planning Commission approved it was to install sidewalks on the full Otis Street frontage and the full Randy Street frontage and the piece from the property's boundary near Laurel Street to the comer of Randy and Laurel. There was no condition added to the Planning Commissions approval that required the subdivision to sign in favor of a local improvement district. Mr. Harris clarified none of the lots have frontage on Laurel. Mr. Molnar stated that in the past for local improvement districts similar to Laurel, the Council has created district boundaries beyond just the properties that have frontage because it is a collector street. He stated it would be up to the Council to include this property in a local improvement district. Mr. Molnar noted that the Applicant has agreed to the imposition of an additional condition for their participation in the local improvement district at a future date based on their proportion of impact to the area. Councilor Hartzell questioned if it was standard for a tree that is not planned for removal to be tagged as a significant natural feature. Assistant City Attorney Richard Appicello clarified this would provide an additional level of protection to the Tree Protection Ordinance. He also clarified the designation of "significant and natural features" requires them to be placed in a common area or open space and dedicated to an association where they will be preserved. Ms. Harris clarified the last sentence of Condition #33. She stated if at some point in the future Lot 18 were divided and the pool goes away, the homeowners association would have a means to capture the water rights. She also clarified the pool was not deemed "significant" by the Planning Commission, however the water itself was. Councilor Hartzell questioned if there are wetlands located on Lot 18 that would need to be sustained by this water and asked if transferring the water (in the event Lot 18 was partitioned) could put those wetlands in jeopardy. Mr. Molnar stated clarifying language could be added to the condition to address Councilor Hartzell's concern. Art Bullock/Requested an opportunity to rebut the new information presented. He stated the information that the developer and city staff have come to an agreement on a new condition is new information. He stated the Appellants have not been provided adequate time to respond to this and it is opposite to what they and the Planning Commission ASHLAND CfTY COUNCIL MEETING NOVElvfBER 7, 2006 PAGE 4 of8 requested, which is that Council set a policy on how developers participate in nearby LIDs. He stated this new condition was reached by the developer and the Legal Department "off line" and is not included in the planning record. Cyndi Dion/Clarified the reason the appellants asked that the pool be made a significant feature is because there are springs located at the bottom of the pool. Rebuttal Devian Aguirre/Agreed that the water is a significant natural feature, but stated the pool is not in good condition and is not functioning. She stated they want to protect the water, but do not know that the pool will continue. She noted this is an outline plan and they presented as much information as they could. Mr. Appicello clarified there were no private meetings between staff and the applicants and stated he is permitted to make recommendations to Council on the language. Kerry Kencairn/Clarified the water that comes from the well and the water irrigation rights on the property are two separate things. She stated the water irrigation rights go with the land and can be sold or transferred. In regards to the well, she stated there is more water going to the pool than is needed and it frequently overflows into the storm drain. She explained the well does not feed the large wetland area and there is no way to get the well water to this wetland. Chris Hearn/Stated he contacted the City's Legal Department regarding possible criteria and options in advance of tonight's meeting in order to get an idea of what the Applicant might accept and trying to reach consensus. Mr. Hearn stated the pool and the metal building it is housed in are not naturals feature, but are man-made; however the pool is fed by geothermal spring water, which clearly is a natural feature. Ms. Aguirre noted the Department of State Lands is the ultimate arbitrator of what will be deemed a wetland and what is considered a viable natural feature in relation to state law. She stated they have agreed that the water itself and where it flows is a significant existing feature, but she stated the structure and the pool itself are in very poor condition. She added the current owner of Lot 18 intends to keep this property in her family in perpetuity and there are no plans to alter it; however if this lot were altered it would have to come before the Planning Commission and at that time additional protections could be put in place. She also clarified originally they were opposed, but are now willing to accept Lot 18 as part of the homeowners association. It was noted that written and verbal requests were received from Art Bullock to leave the record open for seven days. Public Hearine Closed: 8:35 p.m. Mayor Morrison read the procedure for submitting further information into the record. Ms. Aguirre agreed to leave the record open until November 15,2006 at 5 p.m. Councilor Jackson/Hartzell m/s to close the public hearing, but keep the record open for written submittals until November 15, 2006 at 5 p.m. Voice Vote: all AYES. Motion Passed. Ms. Aguirre stated they would like to submit final written argument. Staff clarified the Applicant needs to be given seven days to submit the final written argument and that deliberations on the appeal could be held at the December 5, 2006 City Council Meeting. Councilor Hartzell/Chapman m/s continue this appeal to the December 5, 2006 Council Meeting with November 22, 2006 at 5 p.m. being the deadline for the Applicant to submit final written argument. Voice Vote: all AYES. Motion passed. ASHLAND CITY COUNCiL MEETiNG NOVEA,fBER 7, 2006 PAGE 5 of8 PUBLIC FORUM Philip Lang/758 B StreetJRecommended that an ethics provision be included in the City Charter and noted the history of him bringing this request forward. He commented on the ethics violation of Council members accepting Oregon Shakespeare Festival tickets and stated he has filed a complaint with the State Government Standards and Practices Commission for a violation of Section 244.020. Ambuja Rosen/Spoke regarding her proposed tethering ordinance and noted there is a provision in the ordinance that requires an animal's water source to be either free flowing or in a receptacle that is weighted and/or secured to prevent tipping. Ms. Rosen asked that the Council approve this provision when the tethering ordinance is brought before them. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading by title only of an Ordinance Titled" An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts." City Attorney Mike Franell stated there are two provisions that deal with public contracting in the Ashland Municipal Code. Goods and services, and public improvement contracts are addressed in Section 2.50, and personal service contracts are addressed in Section 2.52. He explained staff brought forward an ordinance amending Section 2.50 in July, and Council approved the first reading. Staff is recommending the Council amend Section 2.52 as well and have been holding off on bringing back the first ordinance for the second reading until they have had a chance to address this. Mr. Franell stated the proposed ordinance amending AMC 2.52 would: 1) simplify it and make it more in compliance with the current model rules of the State, and 2) increase the amount of personal services contracts that have to come before the Council for approval from $25,000 to $75,000. He stated this change would make it consistent with with the goods and services contracts and public improvement contracts. He clarified that for contracts within this cost range staff would have to obtain quotes and the decision would be made by the department head. Councilor Hartzell asked what the compelling need was to apply this change to personal service contracts. Mr. Franell noted that recently the City Council has not been getting through all of the items on their meeting agendas. He commented that all of these contracts are included in the budget process and the Council has the opportunity to review them at budget time. He stated they are trying to streamline the process of getting work accomplished and stated Council could adjust the $75,000 amount down if they are uncomfortable with this figure. Councilor Silbiger commented that the Council hasn't been approving contracts between $25,000 and $75,000. Mr. Franell acknowledged this correction and clarified department heads are currently approving contracts between $25,000 to $75,000; the change is to go to three competitive quotes for these contracts instead of requiring a formal RFP. He also clarified the $75,000 figure was carried over from the goods and services ordinance. Mr. Franell clarified most Oregon cities similar in size to Ashland have adopted the Attorney General's model of public contracting rules, which state that three competitive quotes have to be obtained for contracts between $25,000 and $150,000 and a formal bidding process is required after $150,000. Comment was made that the $75,000 seems high and questioned if staff could come back with a procedure that is not as formal as a RFP but more so than obtaining three quotes. Adminsitrative Services & Finance Director Lee Tuneberg addressed the issue of staff time. He stated there is ASHLAND CITY COUNCIL A1EETlNG NOVE/li1BER 7, 2006 PAGE 6018 a significant amount of work involved with an RFP and provided an overview of the process. Councilor Hartzell suggested reducing the $75,000 limit to $40,000 or $50,000. Councilor HartzelllSilbiger m/s to amend 2.52.070(b)(c)to reduce $75,000 to $50,000. DISCUSSION: Councilor Amarotico questioned what happens if staff does not get three responses. Mr. Tuneberg explained staff would evaluate the bids that were received and determine if they meet the criteria of the scope and document that. It is then up to the department head whether to accept the bid or go back out for more bids.Voice Vote: Councilor Hardesty, Amarotico, Hartzell, Silbiger, Chapman, YES. Councilor Jackson, NO. Voice Vote: all AYES. Councilor HartzelllSilbiger m/s to approve first reading with amendments and place on agenda for second reading. Roll Call Vote: Councilor Amarotico, Hardesty, Chapman, Silbiger, Hartzell and Jackson, YES. Motion passed. 2. First Reading of an Ordinance Titled, "An Ordinance Adding a New Section to Tittle 14, Chapter 4, Restricting the Addition of Substances to the Drinking Water." City Administrator Martha Bennett stated at the July 18, 2006 meeting, Council formed a committee to revise a proposed ordinance that would prohibit the addition of any substance to drinking water for the intent of medicating humans. She noted that discussion was held at that time about the addition of fluoride in particular and noted this concern stemmed from the legislature's attemp in 2005 to make fluoridation mandatory. Ms. Bennett stated the committee met once and significantly edited the ordinance to make it simpler and clearer. The committee also wanted to ensure that the City could continue to treat the drinking water to comply with Federal laws and regulations. She stated that staff believes this new ordinance is clean and will not interfere with the City's existing practice of treating the water. Councilor Hartzell noted she was apart of this committee and suggested an amendment to proposed language in l4.04.050(a) to read "It shall be unlawful and a public nuisance for any person to introduce or add any substance to the public water supply for the purpose of anything but water purification." Councilor Chapman stated he was also on the committee and questioned why they needed to include the language "for humans". Ms. Bennett clarified this was not needed and could be removed. Mayor Morrison questioned ifit was appropriate to have both "unlawful" and "a public nuisance" in the ordinance. City Attorney Mike Franell clarified that "unlawful" allows the City to issue a citation and "public nuisance" allows the City to step in and take action. Public Works Director Paula Brown stated she was involved with the committee and is comfortable with the proposed ordinance. Councilor Hardesty/Chapman m/s to approve first reading and place on agenda for second reading. DISCUSSION: Comment was made questioning if a point of contention could be what constitutes medication. Council briefly discussed possible arguments that could be made. Councilor Chapman/Hardesty m/s to amend original motion to strike "for humans" from 14.04.050(a). Voice Vote: all AYES. Motion passed. DISCUSSION (continued): It was clarified Section (a) would read, "It shall be unlawful and a public nuisance for any person to introduce or add any substance to the public water supply for the purpose of acting as medication." Councilor Jackson voiced her concern that there has been no discussion on whether it is appropriate to fluoridate water or given notice to those who might want to participate in this discussion. Councilor Hartzell commented that this agenda item was noticed and stated there would be opportunity for further comments at the second reading. ASHLAND CiTY COUNCiL MEETiNG NOVElvfBER 7, 2006 PAGE 70f8 Councilor Chapman noted he had received responses from individuals who oppose this ordinance. Councilor Jackson stated this is a public health decision and the city government does not have a role in this issue. Ms. Brown clarified the City is not currently introducing anything into the water that would be considered medication. Roll Call Vote on amended motion: Councilor Silbiger, Hardesty, Amarotico, Chapman and Hartzell, YES. Councilor Jackson, NO. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Report from Council Committee on Council Rules. Councilor Silbiger stated the Committee on Council Rules has met twice, and have received the rules from other cities and are in the process of reviewing what was provided. He noted they have not received feedback yet from the other councilors and announced there is a meeting scheduled on November 17, 2006. Councilor Silbiger stated that the committee is looking at dividing what is municipal law and having a separate set of guidelines that are not codified. City Administrator Martha Bennett clarified that staffis noticing the meetings so it is okay ifthere is a quorum of the Council present. Councilor Hartzell shared her concerns about the procedure by which this project is being moved forward. She stated a sub-group of the Council is doing this work at a time when she cannot participate and requested that the meetings be held a time when herself and more citizens can be involved. Councilor Jackson commented that the subcommittee was set up to refine the council rules language and noted this item would come back to the full Council. She suggested that the draft rules be posted to the City's web site to solicit responses from citizens and stated that public input could be taken at a council meeting as well. Art Bullock/Shared his concerns with the public forums. He noted he has proposed changes that would make the forums more citizen friendly and requested the.Council add to their discussion what he has previously proposed. Mr. Bullock asked that the rules include a provision regarding the council meeting video tapes and protection against their destruction and commented on council errors during quasi-judicial proceedings. Councilor Hartzell/Chapman m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion passed. Councilor Hartzell requested the subcommittee reconsider when they hold their meetings. 2. Discussion of Council List Serves. Director of Information Technology Joe Franell stated that changes were made to the Council list serves a few months ago and there has been some frustration with how this has affected the citizen's ability to communicate with the Council. Mr. Franell submitted a memo that outlined the notes taken during a preliminary discussion on how to enable more effective communication between the members of the Council and the citizens. Mr. Franell reviewed the memo, which outlined communication paths, specific goals, and options for serving the "Citizens to the Council" and "Council to Citizens" communication paths. Mr. Franell clarified there are two different list serves relative to the Council. The "Council Business" list serve is where the administrative communication takes place; these messages are available for viewing by the public. The "Comment to the Council" list serve is where citizens email the Council as a whole and communicate with the Council and other citizens. This list serve is open to anyone who subscribes to it. Mr. Franell clarified this list serve is un-moderated and was made subscription only to eliminate spam. Councilor Silbiger suggested the following options instead of having the Comment to the Council be subscription based: 1) include a challenge where the user must type in a series of letters and numbers displayed on the screen, or 2) require the user to enter their email address and a message is sent to the address to make sure it is valid. He ASHLAND CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 8 of8 commented on the issue of councilors responding to messages and stated it is not a good idea to respond on the list serve but rather to respond directly to the individual. City Attorney Mike Franell clarified the problem with responding on the list serve is that it can turn into a deliberation among the councilors. If councilors with different opinions are weighing in online, this can become a defacto online public meeting, which violates the open public meetings laws. Comment was made suggesting the Council revisit the legal guidelines for how they should use email. Mayor Morrison expressed his concern with there being too much emphasis on electronic communication and stated this fosters an exclusive dialogue among the online elite and isolates citizens who are not hooked up to the internet. Art Bullock/Stated that requiring citizens to provide an approved address stops them from responding. He stated the list serves have been driven underground by staff and commented on his experience with his own list serves. Mr. Bullock stated that when Council sends an email that becomes a public record and this communication needs to be made in public. Councilor Hartzell clarified her intent for bringing this issue forward and stated it was an attempt to characterize the problems that have been encountered and for Council to work together to find solutions that staff can implement. 3. Announcement by Councilor Jackson Councilor Jackson announced that Secretary of State Bill Bradbury would be in Ashland on December 3, 2006 to deliver a presentation of Al Gore's "An Inconvenient Truth". The presentation will be held at the Mountain A venue Theater at Ashland High School. For further information citizens should contact Mary McClary in the Conservation Department or herself. ADJOURNMENT Meeting adjourned at 10:25 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor IT I CITY OF ASHLAND Council Communication Tree of the Year - 2006 Meeting Date: Department: Approval: November 21,2006 commUni~~;t~ltent Martha BJ r I ~V Primary Staff Contact: Amy Anderson, Assistant Planner, 552-2044 andersona(cV,ashland.or.us Secondary Staff Contact: Bill Molnar, Interim Community Developmen!.DireGtor, 552-2042 molnarb@ashland.or.us '4l' Statement: The Tree Commission is pleased to announce the 2006 Tree of the Year is the Pacific Madrone (Arbutus menziessi) located at Mountain View Cemetery. The tree is located on the north side of Ashland Street along the dirt service road in the middle ofthe cemetery. This Madrone is a fabulous, multi-trunk example ofthe native Pacific Madrone. In the spring clusters of white, bell-shaped flowers bloom. These flowers are followed by masses of bright red and yellow edible berries. The Madrone is a broadleaf evergreen, with glossy dark green leaves. This Madrone has the very distinct bark characteristic of the species, which peels as the tree ages to reveal new smooth bark, the color variations between the old and the new bark is very striking. Well-deserving of the honor to be chosen "Tree ofthe Year", this Madrone is a tree to be treasured for many years to come. Background: This year marks Ashland's nineteenth Tree of the Year contest. In early October, residents identified 16 trees for consideration, and the Ashland Tree Commission narrowed the field down to five nominees. Residents voted late in October choosing from the finalists. The attached ballot was published in the Ashland Daily Tidings, posted on the City's web site, and available at City Hall, the Community Development and Public Works Building, the Chamber of Commerce, and at the Ashland Public Library. Beginning in 2003, the Tree Commission shifted the Tree of the Year contest to the fall rather than in the spring. The purpose was twofold. First, the Tree Commission wanted to recognize trees in fall splendor. The second objective was to space publicity efforts throughout the year so that Tree of the Year is the focus of the fall and Arbor Week is the focus of the spring. The Tree Commission will dedicate a plaque at the site honoring the tree next spring during annual Arbor week events. 1 r~' I"' I CITY OF ASHLAND Previous Tree of the Year Winners 2005 Giant Sequoia 165 Almond 2004 Monterey Cypress 407 Scenic 2003 Pecan Tree 762 & 774 B Street 2002 Deodar Cedars Safeway 2001 Blue Atlas Cedar 391 Liberty 2000 Ginkgo Ashland Public Library 1999 Osage Orange Helman and Orange 1998 Coast Redwood 801 Ashland 1997 American Elm 6th & B S 1996 Colorado Spruce N. Main at Maple 1995 Black Oak 128 South Laurel 1994 Sequoia SOU Library 1993 Walnut Glenwood Park 1992 California Black Oak 133 Nutley 1991 Interior Oak Beach and Ashland 1990 Monkey Puzzle Tree 1 Hillcrest 1989 Tree of Heaven at the entrance to Lithia Park on the Plaza Council Options: Staff recommends the announcement of the 2006 Tree of the Year winner at the November 21, 2006 City Council meeting. Attachments: Tree of the Year 2006 ballot 2 r~' '" I J.=, r------------------------------------- I I BALLOT ff)~ cITY OF ASHLAND'S 2006 TREE OF THE YEAR This marks Ashland's nineteenth Tree of the Year contest. In selecting Ashland's Tree of the Year for 2006 we have the opportunity to pause and reflect on all of Ashland's lovely trees and the many ways they enhance our lives. The nominees for the 2006 Tree of the Year are: D Pacific Madrone-ArbUlUS lllCllzicssiat Mountain \'ic\\" Ccmctcry (Ollllorlh sick of Ashlalld SI. alollg dili s(")yice road ill middk of Ceme)elY) This Madrone is a fabulous, multi-trunk example of the native Pacific Madrone. In the spring clusters of white, bell-shaped flowers bloom. These flowers are followed by masses of bright red and yellow edible berries. The Madrone is a broadleaf evergreen, with glossy dark green leaves. This Madrone has the very distinct bark characteristic of the species, which peels as the tree ages to reveal new smooth bark. The color variations between the old and the new bark is very striking. o Redwoods-ScqllU/~1 .R.'lllPCJl1i<.'llS at (;5 Granitc Strcct Redwoods are the tallest of the world's trees. An evergreen, the Coast Redwood displays a pyramid form composed of lustrous dark green needles and rich red-brown fibrous bark. These redwoods are an example of the outstanding size and stature that mature redwoods achieve. The native habitat of the Coast Redwood is confined to the fog belt along the Pacific Ocean from Southern Oregon to the California bay area. Redwoods produce a wonderful sweet, dark, woody aroma. D Western Juniper-jl1l11jJCIUS ()(,CldclllaiI:,- at 12(; Church Strcct This stately conifer tree is found from Washington to CaliforniaJ and Nevada. A resilient, native species, some specimens grow out of bare rock while others survive for several thousanu years. The nicely shaped specimen stands on a steep slope, and is a commanding sight at about 30 to 40 feet tall. Junipers liave blue:9reen, scale-like, leaves. As they age they often become attractively gnarled, or as is the case with this tree they develop into beautiful, symmetrical trees. The Juniper is utilized for many t~iings including rot-resistant wood, perfumes, medicinally and even gin. D White Oak-Quercus ganralla at 1209 Io\\"a Strcd The Oregon white oak is the principal native oak in the state. This magnificent specimen is graceful and well-shaped with a broad, spreading canopy of lobe-shaped leaves. White oaks are drought-tolerant, resilient survivors and provide Important year-round habitat for birds and other wildlife. First Nations people used many parts of oak trees to make dyes and utensils and prepared acorns for food. Today, white oak acoms remain an important food resource for birds and otlier small mam- mals. D Douglas Fir-P~clIdolslIga lllc1l7jesiial lOX Granitc Strcd This lovely specimen of Oregon's state tree exhibits characteristic form, which is tall and narrow with spreading branches that gracefully curve upward. The canopy is a rich, dark green (some specimens are more bluish gray). In fall, the oranches are fleavily dotted with red-brown hanging cones. Birds rove to perch on the uppermost branches to survey their territory and, like so I many large conifers; this tree contnbutes greatly to our wildlife habitat and urban forest. I I I I I I ~-------------------------------------~ ALL BALLOTS MUST BE RECEIVED BV FRIDA V, NOVEMBER 7th Mail or deliver to: Amy Anderson, City of Ashland, Office of Community Development 20 East Main Street, Ashland, OR 97520 SUPPORT THE TREES OF ASHLAND-VOTE! CITY COUNCIL STUDY SESSION NO VElvfBER 9, 2006 PAGE I 43 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL November 9, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the Study Session to order at 5: 15 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Amarotico, Hartzell and Silbiger and were present. Councilors Jackson and Chapman were absent. 1. Discussion of Lone-Term Revenue Plannine Administrative Services & Finance Director Lee Tuneberg presented the staff report and requested Council identify any areas of concerns or information they would like regarding the upcoming budget process. He reviewed the charts and the graphs provided in the Council Communication memo and noted five possible areas for discussion: 1) What disconnects do we see between services provided and related revenue streams. 2) Will the City need to discontinue any services in FY 2007-08 due to: excessive increased costs, diminishing or disrupted revenue streams, or other needs or service of a higher priority. 3) What capital projects are in the near future and how will they be funded. 4) What can be done now to plan for future projects and significant changes in revenue. 5) Aside from AFN debt, what other obligation and commitments are there and how are they paid. Mr. Tuneberg provided an explanation of internal charges and central services and offered to meet one on one with councilors to further clarify. He also listed the following areas for Council to discuss: 1) the General Fund balance between revenue streams and services provided, and 2) City-wide debt and its impact or limitation on daily operations or future improvements. Mr. Tuneberg commented on the General Fund Revenue and Expense Comparison charts located in the Council Communication. He noted revenue streams change from year to year and explained how staff extrapolates figures. He also noted that the Council Communication outlines the general obligation debt the City has, and what the debt service looks like. Mr. Tuneberg recommended that the Council discuss the issues and concerns before they start the budget process itself. Mayor Morrison questioned why there is not a separate fund for Fire or Police. Mr. Tuneberg clarified much of this is decided by the Oregon Budget Law and stated that services that do not charge adequate funding to support them are placed in the general fund. He added that the City has several services in the General Fund that go to the general benefit of the community. Mr. Tuneberg commented on the extrapolations and stated that staff tries to be conservative and over estimate expenses and under estimate revenues. He suggested that staff return at the next Council meeting CITY COUNCIL STUDY SESSION NOVElvJBER 9, 2006 PAGE 2 of 3 with an update on last years assumptions and how accurate staffs predictions were, and have Council provide guidance on what they would like the assumptions for the coming year to be. Councilor Hartzell suggested they be more "forward thinking" and start to plan for possible reductions in services in the future. City Administrator Martha Bennett shared her experience with being involved with agencies that have had to reduce services and stated that Council could do some general planning and discuss priorities, but it is very difficult to determine in what services you will cut until you are placed in that situation. Ms. Bennett noted the Council is scheduled to discuss the Capital Improvement Plan in December. Public Works Director Paula Brown briefly commented on the Master Plans and noted that they are updated as part of the SDC process and brought before Council for adoption. Suggestion was made that these plans be included as part of a more integrated budget process. Additional comment was made that long term planning should not be done during the budget process. Concern was expressed that the information brought forward indicates a deficit and request was made for Council to start look at this. Request was made for staff to prioritize which funds and services are the most risky and bring this information back for further discussion. Additional suggestion was made for Council to discuss alternate revenue sources and ways to increase the revenue stream without cutting back on services. 2. Discussion of AFN General Obli2ation Debt Service Administrative Services & Finance Director Lee Tuneberg presented the staff report and requested Council identify what additional information they require to determine which revenue stream(s) are to be used to meet AFN's long-term debt service payments. Mr. Tuneberg proposed three possible options for Council consideration and requested they provide direction on how staff should approach this issue: 1) Use a utility bill service charge to fund the annual debt service for technology used by enterprises. 2) Assess an internal change on all departments and funds for technology use. 3) Create a new revenue stream or divert an existing to pay the debt. Councilor Silbiger voiced support for using a combination of property tax and a utility tax and suggested a cost benefit be obtained for the City's property across the highway. He commented that if they cannot identify a use for this property they should consider selling it to assist with the debt payment. Information Technology Director Joe Franell provided an update on the development of a business plan. He noted he is meeting with the City Administrator next week to review the draft and expects to present the plan to Council in January. Councilor Hardesty proposed an alternative to a flat percentage utility tax and suggested a tiered structure based on the amount of utilities used and the assessed property value. She voiced support for a method that would make it less burdensome for lesser income citizens. Comment was made questioning the possibility of a City income tax. City Administrator Martha Bennett stated that this would have significant overhead costs and would require the City to create an administrative infrastructure. Mayor Morrison voiced support for the "cafeteria approach" and noted that some residents will oppose paying the AFN debt regardless of what it is. CITY COUNCIL STUDY SESSION NO VElvIBER 9, ]006 PAGE 3 of 3 Support was voiced for looking into accessing an internal charge on the departments. Mr. Tuneberg stated that staff would need direction from Council on how to address the debt payments no later than February. He stated that staff would update the materials provided when this issue was last discussed and bring it back to Council for further discussion. ADJOURNMENT Meeting adjourned at 7:15 p.m. Respectfully submitted, April Lucas, Assistant to City Recorder CITY OF ASHLAND Minutes Conservation Commission 10/25/06 These Minutes will be approved by Conservation Commission at the December 06, 2006 Conservation Commission Meeting. October 25, 2006- 7:00 pm Community Development Building 51 Winburn Way Ashland CALL TO ORDER Vice-Chairperson Chapman called the meeting to order at 7:00 p.m. in the Community Development Building. ROLL CALL Attendees: Risa Buck, Russ Chapman, Ross Finney, Lindsay Gerken, Jim Hartman, Kathryn Houser and Melissa Schweisguth were present. Stuart Corns was absent. City Council Liaison: Dave Chapman, Kate Jackson Staff Liaison: Dick Wanderscheid APPROVAL OF MINUTES Chairperson Chapman asked for an approval of the September 27,2006 minutes. Commissioner Buck corrected spelling words under the Ashland Sanitary section of the minutes. Commissioner Finney made a motion to approve the minutes of September 27, 2006, and Commissioner Schweisguth seconded the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. The minutes of the Conservation Commission Meeting of September 27,2006 were approved. PUBLIC FORUM Ryan Langmeyer/1700 East Nevada spoke to the Commission about Ashland having the potential to be the most resourceful community in the country. He suggested changing the name of the Commission and offered a recommendation, a name similar to "The Office of Sustainable Development" which comes from the City of Portland. He believes all the entities of garbage & recycling, green buildings, energy & bio fuels, global warming issues, sustainable food, sustainable government and sustainable development need to be all included within this Commission. Commissioner Chapman replied the Commission would actually be discussing the name of the Commission later when they review a survey by the City Council and also look at the resolution that created the Commission. CC Minutes 10 25 06 doc. doc Page 1 of 4 ASHLAND GREENHOUSE PROJECT Greg and Valri Williams presented to the Commission the new Ashland Greenhouse Project regarding a sustainable housing project emphasizing energy efficiency. They included in their presentation part of their packet that would be presented to the Planning Department, City of Ashland. The Commission discussed various aspects of the project with the Williams. Commissioner Buck and Commissioner Finney were in favor of supporting this type of development, believing it was good for the City and the City should work to allow these types of developments. City Counselor Jackson remarked this annexation could make use of the Comprehensive plan. The Commissioners discussed ways to generally support this type of development. Commissioner Buck made a motion that the Conservation Commission supports the concept of this type of project representing the most exciting sustainable development and a new model for the City of Ashland. Commissioner Houser seconded the motion. There was discussion from the members of the Commission. Voice vote: all Ayes. The motion passed with a unanimous vote. The Williams can be reached at Ashland Greenhouse, 482-2866 or qreq@ashlandqreenhouses.com . SOU CAPSTONE PROJECT Gwyn Myer spoke to the Commission regarding the Capstone project at SOU. She explained to the Commission she began with the intent to use this for her capstone project but went with a different presentation. She then updated the Commission about the work that was done on the project and her continued efforts to finish the project. Mr. Wanderscheid offered the analysis his department did for the City regarding water efficiencies for her to use on her project. ASHLAND SANITARY & RECYCLING UPDATE: Commissioner Chapman announced his newest employee, Risa Buck, will be a Waste Reduction Educator. She could be reached at risab@ashlandhome.net. Ashland Sanitary held its last Chipper Day and was successful with 9 participants. Valley View Landfill is now signed on with the Blue Sky Program with Pacific Power and Commissioner Chapman announced all their electricity now comes from purchasing renewable power. On November 7, and November 215\ free leaf recycling, citizens will now also be able to bring in the nursery plastic trays and they will also be recycled. OLD BUSINESS Membership in fCLEf Dick Wanderscheid presented a memo to the Commission regarding background information for the International Council for Local Environmental Initiatives (ICLEI). He announced ICLEI now has membership dues of $600.00 a year. The Commission members discussed different benefits of being members. The members decided to form a sub-committee, (Buck, Schweisguth and Hartman) to further research the Commission's involvement. Commissioner Jackson provided some background information regarding the project and how it was originally started. Mr. Wanderscheid offered to host a conference call with the sub-committee, members from the Bike & Peds Commission, and a ICLEI representative. CC Minutes 10 25 06 doc. doc Page 2 of 4 City Council Commission Survey 1. Is the purpose of your commission clearly stated and still applicable in the ordinancelresolution? If not, what are you doing that is different, what are you not doing, what do you think you should be doing that is not stated? 8. Does the name of your commission reflect what you are doing? If not, please suggest an alternative? The Commission discussed changing their name to the Environmental Sustainability Commission, to indicate a wider scope of powers and duties including renewables and sustainability. The Commission would like to include under the resolution that created the Conservation Commission; Section 4, Powers and Duties: insert sustainable/sustainability where the word conservation is now. Item D change to include Resource Conservation Environmentally Sustainability Issues Item A to include Reduce, Recycling, Resource Reduction and Solid /Waste/Landfill Issues Item H to include Education of citizens about Environmentally Sustainability Issues Item C to include Water Use and Water Reuse EffiCiency Issues Item F to include Renewable Energy Development Item G to include Air Quality and Carbon Reduction Issues 6. Can you suggest any improvements in communication between your commission and the City Council? Commissioner Finney suggested more interaction/communication with other Commissions, stating that there are benefits to sharing information and issues. Commissioner Buck wrote: To support the City, to create an underline structure and guidelines that are truly sustainable. Councilor Jackson reported that Council is looking to request that the City Councilor representative would not be in a chair position or a voting member of the Commissions. Also, they are looking into a format where a vice chair would become the next chair. NEW BUSINESS Discussion of Bill Bradbury/AI Gore Global Warming Speech Councilor Jackson informed the Commission that she was working with the Secretary of State, Bill Bradbury, to come to town and talk about AI Gore's Global Warming Speech. At present, Councilor Jackson and the City are researching facilities to utilize. The members supported the event. SUBCOMMITTEE REPORTS 1. Garbage Land Sub-Committee No report 2. Education/Events No report 3. Green Business No report. CC Minutes 10 25 06 doc. doc Page 3 of 4 COMMISSION ITEMS NOT ON THE AGENDA Councilor Chapman suggested starting a library for the Commission. ANNOUNCEMENTS Next meeting date, December 6, 2006. ADJOURNMENT Meeting adjourned at 9:13 pm. Respectfully submitted, Mary McClary, Administrative Assistant to Electric/lT IT elecomm un ications Department CC Minutes 10 25 06 doc.doc Page 4 of 4 M ASHLA"l 'ST October 1 , Community Develop - 5:30 PM t, 51 Winburn Way MEMBERS PRESENT: Richard Brock (Chair), Anthony Kerwin, Jim Lewis, Joseph Vaile, Diane White, Zach Williams Members Absent: Dan Maymar Staff Present: Chris Chambers, Marty Main, Keith Woodley, Nancy Slocum, Non-Voting Members Present: Cate Hartzell I. CALL TO ORDER: Chair Brock called the meeting to order at 5:31 PM in the Siskiyou Room. Zach Williams introduced himself as the new Forest Commissioner. II. APPROVAL OF MINUTES: Lewis/White m/s to approve the minutes of September 12, 2006 as submitted. Motion passed unanimously. III. PUBLIC FORUM: None IV. ADJUSTMENTS TO THE AGENDA: Chris Chambers asked to add "Noxious Vegetation Inventory and Control Plan Update" to the agenda. Brock, Commission Chair, agreed. V. OLD BUSINESS A. AFRCA T / AFR Update - Woodley reported that Linda DuffY would be unavailable until after October 17. Main noted that the Forest Service's Red Tree Vole contract had been awarded and the Northern Spotted Owl survey was in process. B. Noxious Vegetation Inventory and Control Plan Update - Chambers distributed a draft Weed Management Area Strategic Plan to the Commission earlier via email. He needed the plan to apply for the NFW grant due October 27. He would like the Commission's feedback. The grant money, if awarded, would be used to hire surveyors. The grant requires a 1: 1 match that would include a $25,000 to $35,000 contribution from the Parks Department as well as personnel costs. The grant award would therefore be approximately $25,000 to $35,000. The money would be available next May, which is considered a good time to begin surveying. Hartzell had some ideas on how to improve the grant application with the use of joint partnerships. C. Review Winburn Inventory Data and Prescriptions - 1. Summarizing Unit 4, Brock noted Main's document (A Silvicultural Overview and Analysis of the Winburn Parcel) listed three choices: a) thinning from below; b) thinning more; c) thinning from below, but more around large trees. Brock suggested using option "a" with some of "c." Unit 4 was described as generally dense, open in the understory and all the same age. It was regarded as "park-like." 2. Unit 5 consisted of two westerly aspects: 5a) moist soil, understory, noncommercial management, a source of City water; and 5b) Similar to Unit I with dryer upland settings. Unit 5 was a candidate for heavy commercial and non-commercial thinning. C:\DOCUME-l \shipletd\LOCALS-1 \ Temp\OCT 10 06.doc ASHLAND FOREST LANDS COMMISSION MEETING Page 1 of3 Generally, Main was concerned about the significant amount of large fuel loading slash in the Winburn Parcel. There was a fire danger even in the winter. Prescribed burning under these conditions, from a contractor's point of view, was dangerous. Unit 6 was not considered a fire priority. The landscape was an overly steep extreme hazard zone subject to slope instability. The recommendation was for light non- commercial thinning. It was habitat for a lot of wildlife. 3. A guideline for sites to visit was distributed by Slocum. Commissioners Brock, White, Vaile and Lewis would attend the hike. D. Continue Discussion on MOU Draft - Tabled. VI. NEW BUSINESS A. Preliminary Siting of Crowson II Reservoir - This item was tabled. B. City Council Review Questions - 1. Is the purpose of your commission clearly stated and still applicable in the resolution? Resolution 2005-31 outlines the charge of the AFLC. That resolution does not include a "purpose" statement. The commission asked that one be added to a new resolution and an example is included in the attached draft. 2. Are the powers and duties clearly sated and still applicable in the resolution? The "power and duties" are clearly stated in the resolution and were taken directly from the 1992 Forest Plan. The AFLC is not doing anything not stated or inferred in the current resolution, however the language was considered either too specific or out of date. Their basic charge is to implement the Forest Plan - a very broad mandate. 3. As a commission do you feel that you accomplish and succeed in carrying out the purpose and duties listed in the resolution? Yes, the AFLC feels it accomplishes the duties listed in the resolution. A riparian plan is something the commission felt remiss about. 4. Does your commission establish annual goals ? Yes, the AFLC establishes and/or reviews goals (attached). This year the commission saw the need to expand annual goals to three year goals as nearly all their projects take more than one year to accomplish. 5. As a commission, do you experience any frustrations or confusion with the process, communications, commission work load, etc? The AFLC did feel confusion about some of their "powers and duties." The commission would like to clarify their collaboration with the Parks Department especially in regards to trail maintenance on city lands (soil erosion being a big concern), a community volunteer program and a recreation plan (an ambiguous term). The C:IDOCUME-l IshipletdlLOCALS-l ITemplOCT 10 06.doc ASHLAND FOREST LANDS COMMISSION MEETING Page 2 of3 AFLC would also like to understand their level of involvement with the Forest service and the Memorandum of Dnderstanding (MOD). 6. Can you suggest any improvements in communication between your commission and the City Council? The AFLC communicates with the Council when their approval is required on a final draft (e.g. CWPP, Restoration Project) but little else. They are comfortable with the current level of communication because the Council Liaison, Cate Hartzell, attends nearly every meeting. One example where communication could improve is the AFLC's current plan to update the MOD with the Forest Service. Should the commission get direction before they begin or do they draft a MOD and then bring it to the Council? 7. Does your budget allow you to function the way you feel it should? Yes, the commission felt their budget was adequate. 8. Does the name of your commission reflect what you are doing? The AFLC was happy with the name of the commission. 9. Is the size of your commission too small? The size of the commission is just right. 10. Do you have difficulty achieving a quorum? Do you have difficulZv recruiting new members? At times the commission has had difficulty achieving a quorum. Many members are in forest related fields and work daylight hours over the spring and summer. In response to this the commission changed their meeting time from 4:30 PM to 5:30 PM. If there is a vacancy on the commission, as was the case this spring and summer, we also have difficulty achieving a quorum. This leads to the question regarding recruiting new members. There have been times when we have three citizens applying for one vacancy and other times when the position is open for six months. It seems to depend on whether the commission is currently working on something considered controversial. VII. ADJOURN: 7:32 PM Richard Brock, Chair Respectfully Submitted, Nancy Slocum, Clerk C:IDOCUME-l IshipletdlLOCALS-l ITemplOCT 10 06.doc ASHLAND FOREST LANDS COMMISSION MEETING Page 3 of3 CITY OF ASHLAND Council Communication Termination of an Easement at 1200 Prospect Street Meeting Date: November 21, 2006 Department: Public WOrkS~Engin ring Contributing Departments: Legal Approval: Martha Bennett Primary Staff Contact: Paula Brown, 552-2411 ~ E-mail: brownp@ashland.or.us Secondary Staff Contact: James Olson, 552-241 E-mail: olsonj@ashland.or.us Estimated Time: Consent Agenda Statement: Approval of the attached quitclaim deed would terminate the City's interest in a 10 foot wide overhead electrical easement located in Lot 9 of the Roca Canyon Subdivision, Phase 2. Background: The plat of the second phase of the Roca Canyon Subdivision shows a 10 foot wide overhead electrical easement running through the buildable portion of the lot at 1200 Prospect Street (39 1 E 15BC tax lot 1212). The easement was actually created as a stipulated decree entered May 9, 1990 in Case No. 89-3141-E-3, Circuit Court of the State of Oregon for Jackson County. The easement is within what was once thought to have been the Prospect Street right of way as shown on the plat of the Overlook Addition, dated 1905. The Circuit Court case determined that since the plat of the Overlook Addition was never recorded, no actual rights of way were created. The decree established easements based upon prescriptive use of the property. Mr. Jerry Nutter, on behalf of Raymond and Lorraine Olsen has submitted a plan for the construction of a residence located on Lot 9 and in conflict with the existing overhead utility line. The City Electric Department (AFN) has agreed to relocate the pole line into a newly acquired utility easement along the north boundary of the lot. The cost of the pole line relocation ($10,000) will be born by the owners. A new easement to accommodate the relocated AFN line and a storm drain has already been acquired (copy attached). Related City Policies: The Legal Department has determined that the most efficient method of terminating public easements is to release the City's (public's) interest in the easement to the underlying fee title holder through the use of a quitclaim deed. Council is empowered to approve and authorize the signature of all land transaction documents including this type of deed. Council Options: · Council may move to approve the quitclaim deed terminating the overhead electrical easement on Lot 9 and direct the Mayor to sign the document or; · Council may move to deny the request to terminate the easement. Staff Recommendation: Staff recommends approval of the quitclaim deed to terminate the easement. A new easement has been provided along the north boundary of the lot which would clear the building envelope. This request, if approved, will allow the owner to acquire a building permit for a single family residence on the lot. The quitclaim deed should not be signed until such time as the existing utility line is relocated (at the owner's expense) and the old line removed. Potential Motions: Council may move to approve or deny the request for easement termination. Attachments: Quitclaim Deed Detail Map Vicinity Map Newly Acquired Easement G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\1200 Prospect CC Overhead Electrial Easement Termination 9 06.doc rAl 1> " fifP'/.-' _ rj ~ ': . ';".:2:'~'d o. \ &~_ ::.J;, 't;""T~~:::;(;"L-:"7/ :P (I; [J. ">ill'" '~"'" ~ {i;? .~ '. . """'1 ":: 'I' ~:'" :? ",i', ~:, ~ I /1:' 'J '";;" .' - "~r '" .',,'" ., V1 1 .' ,', '" :Y" u:.:.' ~ o Ati" ~ " F:>: ' ,,::t.."f'1:,j ; fl'l d I ' ~~:-T"""".''',''-~ .;:;,~ ~:l..j I ,.<A,.j~t;;.:~:'~ ~ I ~ ' [;-'!" :......; L~"> " U . ~ ~ / """'14.,,;,.... jJZJ:;'.::j I 1='I . I . ~ _ ~ f- ;/' I . 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"riT T'--~ /!f~ _ J \ 0\0 ..z ~ O<r:~ >-...1 ~ 1-.,. > -... ~ U (/) ~ <~ ~ J I ~ E-< E-< <: ~ ~@~ E-<E-< ZU'J ~~E-< E-<~U o~~ E-<U'J~ E-<<:~ U'J~~ ~~~ 0'.......8 ~ ~ L 11 Q - ~~~ ~q.. :to ~ ~~ ,/ l> '. J I ~fu~ii1 :E~ !2 ~~o~ u.~~C O~~1il r:iil,,~ iJ~Sl~ l() Q) I"- ~ 6 o o l() N II d .c: - ,~ II ~ ~ Q) 'ji 1U c: >- 0:: ~ ~ 0 LO LLI ~ Qi ~ .5 6 ~3~~'~ t U ~ u I I - 10 ~-.J G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\1200 Prospect CC Overhead Electrial Easement Termination 906.doc r~' ~, LandAmerica. _ Lawyers Title After recording return to: Lorraine Olson 540 Covey Drive Phoenix, OR 97535 Until II change is requested, tax stlltements shOlIl be sent to the following Olddress: NO CHANG! STATUTORY QUITCLAIM DEED The City of Ashland Grantor, releases and quitclaims to Raymond L. Olsen and Lorraine Olsen Grantee, the folloWing described real property: Lot Nine (9), of ROCA CANYON SUBDIVISION, PHASE 2, a Planned Community In the City of Ashland, Jackson County, Oregon, according to the official plat thereof, recorded in Volume 26, Page 19, Plat Records. Account 10939357, Levy Code 5-01, Map 391E1SBC 1212 This document is being recorded to terminate that certain easement as set out in stipulated decree entered May 91990 in Case No. 89-3141-E-3, Circuit Court of the State of Oregon as shown on Survey filed as No. 11647 in the office of the Jackson County Surveyor. As described in Exhibit "A" Tax Account No. 10939357 The true consideration for this conveyance is $None. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY UNDER ORS 197.352. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN Ofl.S 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Dated _ day of 12006 City of Ashland City of Ashland By: Barbara Christensen, City Recorded By: John Morrison, Mayor STATE OF OREGON COUNTY OF Jackson The foregoing instrument was acknowledged before me this day of 2006 bv John Morrison. Mavor and Barbara Christensen, City Recorder Notary Public state of Oregon My commission expires: Order No. 40g0404053 Deed - Quit Claim ORRQ 6/2005; Rev. 1/2006 page 1 of 1 EXHIBIT" A" DESCRIPTION OF EASEMENT TO BE TERMINATED A strip ofland 10.00 feet in width within Lot 9 of Roca Canyon Subdivision Phase 2, a planned community to the City of Ashland, Jackson County, Oregon and lying 5.00 feet on each side of the following described centerline: Commencing at the Northwest comer of said Lot 9; thence South 050 46' 16" West, along the Westerly boundary of said Lot 9, a distance of 21.62 feet to the True Point of Beginning; Thence South 840 31' 34" west, 100.23 feet; thence South 890 44' 24" East, 52.72 feet to the Easterly boundary of said Lot 9. REGISTERED . PROFESSIONAL LAND SURVEYOR - EASMENT TO BE TERMINATED Granted to the City of Ashland by Roca Canyon Subdivision, Phase 2, a Planned Community September 13,2006 39 IE 15BC Tax Lot 1212 EXPIRES 12/31/06 G:lpub-wrkslengldept-admin\ENGINEER\EASEMENT\39 IE 15BC 1212 Roca Canyon Nutter Eastment Tennination Exh A.doc o ~ ';;l '" ....0 .~ ~ ~ -:B QJ100I OJ-Q) ~ ~ e ~ a oS -B t'oS ;a oS ~ ~ 1;; ~$ 15u~ ~15~~ ~.~ "- sl .~~~ ~~'B;s ~jl ~ ::;;J 'U ..9 8 1 ~ 6 .~.~ ~ ~ ~ {]~ .5":~ oS~~~ e,~ .,. ""d l.!1-t QJ(I}-o.. ~~ @) ~~ ,"~o," ~'1:lJi'" lXl.i:I 1::": '5 ii5 . ~ ~ ~;a 8..~ ]] $ ~ ~~ ljUS:"':l '8 ~'" ~^~^ eg, ~P..~M?o":::3>. o~ ~~ .. 'U '" ~ s ..8 ~ -0 ..s ~ ~ ;:.~ .!j.~ ~ a 0 N ~ 8 e ~ ~ '0 1001 'Cl ~ ~ ~.a O~.5~~sio~~t~~ ~~ .i! z......... ,... 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Grantors: Grantee: Document to be Returned to: Raymond L. Olsen and Lorraine Olsen City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 $1.00 Not applicable True and Actual Consideration: Send Tax Statements to: PERMANENT UTILITIES EASEMENT FOR CITY OF ASHLAND 1. Grant of easement. The above named Grantors grant to the City of Ashland, Oregon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace public utility facilities including but not limited to, lines for electricity, sewer, water, gas and telecommunications on real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon, and is described as follows: See the attached Exhibit A. 2. Use of surface. Grantors shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or place any structure upon the easement area without the prior written consent of Grantee. 3. Access to Easement Area. Grantee, its agents, independent contractors and invitees shall have the right of ingress and egress to the easement area for the purposes connected with this easement. 4. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public utility facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantors reasonable notice and restore the premises of the Grantors, and any buildings or improvements disturbed by Grantee, as near as practicable. 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. ~?L~ "~ / Raymond L. Olsen Lor aine Olsen State of Oregon County of Jackson This instrument was acknowledged before me on !) - ~ - . ~~~ otary Public for Oregon My commission expires: 9 -9 - 0 7 OFFICIAL SEAL PATTIE CAVINDER 'J NOTARY PUBLIC.OREGON COMMISSION NO. 37~409 MY COMMISSION EXPIRES SEPT. 09, 2007 Raymond L. Olsen and Lorraine Olsen. 2006, by PAGE 1-EASEMENT(G:\pub-wrks\engldept-adminIENGINEERlEASEMENT\391E 15BC 1212 Roca Canyon Nutter Eastment Exh A.doc EXHIBIT" A" EASEMENT A strip of land 6.00 feet in width and contiguous to the North boundary of Lot 9, Roca Canyon Subdivision, Phase 2, A Planned Community to the City of Ashland, Jackson County, Oregon and being more particularly described as follows: Commencing at the Northwest corner of said Lot 9, from which a 2 Y2 inch brass disk in monument box at the centerline intersection of Prospect Street and ROGa Street (north) bears North 750 51' 20" East, 24.71 feet; thence South 890 20' 04" East, along the North line of said lot, 153.46 feet to the Northeast comer thereof; thence South 170 31' 49" West, along the Easterly line of said Lot 9, a distance of 6.27 feet; thence leaving said Easterly line North 890 20' 04" West, 152.18 feet; to the Westerly line of said Lot; thence North 050 46' 16" East, along said westerly line, 6.02 feet to the point of beginning. ALSO A strip of land 10.00 feet in width within Lot 9 of said subdivision being more particularly described as follows: Commencing at the Northwest corner of said Lot 9, thence South 050 46' 16" west, 6.02 feet to the True Point of Beginning; thence continue South 05046' 16" West, 10.30 feet, thence South 880 20' 13" East. 10.00 feet; thence North 050 46' 16" East, 10.30 feet; thence North 890 20' 04" West, 10.00 feet to the true point of beginning. ALSO A strip of land 10.00 feet in width within Lot 9 of said subdivision, and lying 5.00 feet on each side of the following described centerline. Commencing at the Northwest corner of said Lot 9; thence South 050 46' 16" West, along the Westerly line of said lot, a distance of 21.32 feet; to the True Point of Beginning, thence leaving said westerly line, South 890 20' 18" East, 34.00 feet; thence North 450 39' 42" East, '21.55 feet to the Southerly line of the above described easement. Jhe sidelines of this easement shall be shortened or extended to close upon the boundary and easement line. PUBLIC UTILITY EASEMENT September 13, 2006 39 1 E 15BC Tax Lot 1212 -....,..........--~ ~GI5TE:RED ) I PRO-FESSIONAL \t.L~~ --i)"R' E.G 0 N AUGUST 12, 1975 JAMES H. OLSON . No. 1036 ,""--.............~--. EXPIRES 12/31/06 PAGE 2-EASEMENT(G:\pub-wri<s\engldept....dminIENG,NEERIEASEMENT\391E 15BC 1212 Roca Canyon Nutter Eastman! 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Cl UJ a: ::> o ~ en t- z UJ :?; UJ en <( UJ ~ Z CITY OF ASHLAND Council Communication Revised Contract for Interim Chief of Police Meeting Date: November 21, 2006 Department: Administration ~ Contributing Departments: L~eal 1 Approval: Martha Benne Estimated Time: Consent Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm@ashland.or.us Mike Franell franellm@ashland.or.us Statement: The City of Ashland needs to revise its contract with Ron Goodpaster for Interim Police Chief services because we have not completed recruitment of a new Police Chief prior to expiration of the existing contract. Staff Recommendation: Staff recommends Council adopt the attached revised contract. Background: At your May 16, 2006 meeting, Council approved a contract for Ron Goodpaster to serve as an interim Police Chief while the City of Ashland recruits for a permanent Chief. At that time, the Council Communication noted that the contract would expire in the first week of December because Mr. Goodpaster is a PERS retiree and cannot work more than 1039 hours. The City's hope was that the Chief recruitment would be complete prior to the expiration of this contract. The City of Ashland will not complete recruitment of the Police Chief prior to December 6, for two reasons: . The RFP and selection process for a recruiting firm took longer to complete than originally anticipated. The City had a large number of firms respond to our RFP. . The selected firm could not complete the candidate profile until September because a key member of their firm was not available in the month of August. The interview process for the new Chief is currently planned for mid-December (December 14/15), and background investigations will follow. At this point, I believe it is reasonable to anticipate that the Council will appoint a new Chief the second meeting in January or the first meeting in February and that the selected candidate will begin work in March 2007. Staff recommends that the City retain Ron Goodpaster until the new Police Chief begins work. I believe that it will be unnecessarily disruptive to either bring in a new Interim Chief or to ask an existing Police Department manager to act in the capacity of Chief from December until March. The attached contract has the following major revisions that ensure that Mr. Goodpaster works no more than 1039 hours in calendar year 2006: . Ron will take two weeks of unpaid leave. rj.' e Beginning November 6, 2006, Ron will drop from a full time employee to a % time employee, and he will work 30 hours per week. His salary will be reduced accordingly. eBeginning January 1, 2007, Ron will resume full time work. e Beginning November 6,2006, Ron's base salary will move from step A ($6,843 per month) to step C ($7,694 per month). The City will continue to pay Ron an extra stipend of 25% of base salary instead of paying his benefits. His total salary will therefore be $9,618 per month. This is found on page 2 of the attached agreement. Salary savings from vacant positions in the Police Department (including the Chief Position) are sufficient to fund this revised contract. Related City Policies: None Council Options: Council can move to approve the amended contract Council can give additional direction to staff. Attachments: Amended Contract r~' CITY OF ASHLAND Employment Agreement Interim Police Chief THIS AGREEMENT made and entered into this _ th day of November, 2006, by and between the City of Ashland ("City") and Ronald D. Goodpaster ("Employee"). R E C I TAL S: A. City has employed the services of Employee since May 22,2006 as Interim Police Chief of the City of Ashland under contract dated May 16, 2006; and B. The initial employment agreement specified it was for a period of up to six months. C. The six month term is scheduled to terminate on November 16, 2006 and the City has not yet hired a new regular police chief. It is the desire of the City Council to (1) retain the services of Employee and to provide inducement for Employee to remain in such employment until the City hires a new police chief and that chief starts work, or until June 30, 2006, which ever comes first; (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to financial security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; (4) to provide a just means for terminating Employee's services at such time as Employee may be unable fully to discharge Employee's duties due to disability or when City may otherwise desire to terminate Employee's services; and (5) to keep employee under a total of 1040 hours worked for the calendar year 2006; D. Employee is a PERS retiree and as such is limited to working no more than 1039 hours for a PERS employer in a calendar year. E. Employee desires to continue employment as Interim Police Chief of Ashland, upon the following terms and conditions. City and Employee agree as follows: Section 1. Duties. The city hereby agrees to continue employment of Ronald Goodpaster as the Interim Police Chief of the City to perform the functions and duties specified in the job description for the position, and to perform such other legally permissible and proper duties and functions as the City Administrator and/or City Council shall from time to time assign. Except as provided for the remainder of the 2006 calendar year, the Interim Police Chief shall devote full time to the performance of his duties for the duration of interim appointment. Page - 1 Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of the Interim Police Chief at any time, subject only to the provisions set forth in this agreement. B. Employee is a PERS retiree and as such is limited to working no more than 1039 hours in a PERS eligible position. As such, beginning with the pay period starting November 6,2006, Employee will be paid to work thirty hours per week for the remainder of calendar year 2006 and will be paid only for days actually worked. Employee agrees to remain in the employ of City until a successor Police Chief is appointed into the regular fulltime position or until June 30,2007, whichever occurs first, and neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. C. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall be required to give the City three weeks written notice of such intention, unless such notice is waived by the City Administrator with the approval of the Mayor and City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. Employee is a retiree in the PERS system and therefore will not be eligible for retirement contribution. Based upon Employee's years of experience and the excellent performance of Employee for the City over the past six months, beginning with the pay period beginning November 6, 2006, City agrees to pay Employee a total monthly salary of $9,618/month which equates to the third step in the salary range for Police Chief ($7,694/month), plus a cash payment of 25% ($1,924) added to salary in lieu of health benefits and retirement contributions. Salary is being paid based upon a 160 hour work month. Salary shall be pro-rated for any partial month worked. For the months of November 2006 and December 2006, since Employee will be working a reduced work schedule, Employee will be paid 82.19% (60 hours per pay period /73 hours per pay period) of the monthly salary or $7,905 per month which equates to a salary of $6,323 and a cash payment of $1,582 in lieu of benefits. (This is approximately equal to $60.81/hour). Section 4. Automobile Allowance. Employee's duties require that Employee shall have the exclusive use at all times during employment with the City of an automobile to carry out the business of the City. The City shall provide a vehicle or an automobile allowance of $350/month if the employee chooses to use his own personal vehicle for City business. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of his personal vehicle. Page - 2 Section 5. Tools and Equipment. City agrees to provide the tools and equipment necessary for the Interim Police Chief to efficiently perform his duties. Uniforms, radio equipment, computer and protective equipment will be provided and maintained by the City. Section 6. Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. Dated this of ,2006. Barbara Christensen, City Recorder John Morrison, Mayor Accepted this _ day of ,2006. Ronald D. Goodpaster Page - 3 CITY OF ASHLAND Council Communication Appointment to Historic Commission Meeting Date: Department: Approval: November 21, 20~ City Reco;:~t.iI1 Martha BJi' ~ Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Statement: Confirmation by Council ofthe Mayor's appointment of Alexander C. Krach to the Historic Commission for a term to expire April 30, 2008. Background: This vacancy was created by the resignation of Jay Leighton. Council Options: Approve or disapprove Mayor's appointment. Staff Recommendation: None Potential Motions: Motion to approve appointment of Alexander C. Krach to the Historic Commission for a term to expire April 30, 2008. Attachments: Application received r~' tf\E.~I.I.,!:!:Ig~~- t:<e: Hlsto.nc~()rn~rnl.~~!9.~L~e~!:!l!}g t::~.g.~ '1 From: To: Date: Subject: Barbara Christensen Alexander C. Krach 10/16/20061:29:58 PM Re: Historic Commission Opening Alexander, thank you for your interest in our Historic Commission. We do have an upcoming vacancy that will be happening in December. I will forward your interest in this position to the Mayor for his consideration. Barbara Barbara Christensen City RecorderlTreasurer City of Ashland Ashland OR 97520 (541) 488-5307 PUBLIC RECORDS LAW DISCLOSURE This is a public document This email is subject to the State Retention Schedule and will be made available to the Public. >>> "Alexander C. Krach" <historic preservation@hotmaiLcom> 10/14/068:55 AM >>> Dear Ms. Christensen: I hope that this letter finds you well and enjoying the terrific autumn color. I was hoping to check in with you regarding the Historic Commission. I am a former member, having served from 2003-2005, leaving to finish school in Pennsylvania. Before I left, I had explored with Mayor Morrison the possibility of returning to the commission when I made it back to Ashland. At that time, he had advised me to contact the city on my retu rn. I understand that there may be an upcoming opening on the commission and was hoping that you might be able to advise of any action I should take at this time. I am assuming that at some point I would need to reapply. Many thanks, Alexander Krach "The essence of the blues is to stare painful truths in the face and persevere without cynicism or pessimism." -Dr. Cornel West Alexander C. Krach PO Box 262 Ashland, OR 97520 (541) 292-3977 Voice (541) 482-9446 Fax historic preservation@hotmaiLcom Council Communication Update on the Schedule to revise the Conservation Element of the City's Comprehensive Plan Meeting Date: November 21, 2006 Department: Electric & Community Development Contributing Depart. N/A__+JM h Approval: Martha Benjlll\J Primary Staff Contact: Dick Wanderscheid, 552-2061 wandersd@ashland.or.us Secondary Staff Contact: Bill Molnar, 552-2042, molnarb@ashland.oLus Estimated Time: 15 minutes Statement: At the May 2, 2006 Council meeting, staff was asked to bring back a tentative schedule for revision of the Conservation Element of the City's Comprehensive Plan. That is the purpose of this communication. This was originally on the Council Agenda for September 5th but there wasn't time get to the item at that meeting. Staff Recommendation: Staff's proposed timeline of this task would be for the Electric, Conservation and Planning staffs to prepare a revised draft Conservation Element for review by the Conservation Commission in May 2008. It is anticipated that it would take an additional 2-3 months for review and revisions at the Conservation Commission level before it is forwarded to the Planning Commission for their review and adoption. Based on their current work load, it is anticipated that they could review, revise, and hold hearings on the draft in Oct. 2008-Feb. 2009. It could then be forwarded to the Council in March 2009 for their consideration, revision and adoption. This staff proposal is designed to coincide with BPA's Regional Dialogue decisions which could have significant impact on the design of our electric conservation offerings. Background: The original, Energy Element to the City's Comprehensive Plan was adopted in 1982. It was revised in 1991 and became the Conservation Element because it also included air quality and water conservation in addition to the energy efficiency issues of the 1982 document. Although it has been 15 years, most of the element is still viable and provides a strong basis for the City's conservation activities. Our relationship with the Bonneville Power Administration and their funding and planning for efficiency investments is the main driver for our electric conservation activities.. This relationship has not changed much since 1991 and should remain in its current form until October 1, 2011. After 2011, our relationship with BPA on conservation may change radically. BPA has just released a "Long Term Regional Dialogue Policy Proposal" which envisions a major shift in how BPA will operate post 2011. They are accepting public comments until September 29,2006 and hope to issue their Record of Decision (ROD) in January, 2007. BPA's initial proposal is that they will allocate the existing Federal Base Electric Generation output to utility customers as a Tier 1 resource at a less expensive rate. Utilities will then be able to buy additional Tier 2 power at a higher rate to augment their Tier 1 purchase or they can 1 acquire their own resources through the building of generation or the purchase of power from sources other than BPA. While no one knows or will know until 2009, how much actual Tier 1 power will be available in 2011, it is estimated to be between 90- 100% of 2011 needs. While most smaller utilities will probably continue to rely on BPA to purchase Tier 2 power, the economies of energy efficiency, load management and demand response could be significantly different than what we encounter currently in our relationships with BPA. BPA's schedule for the development of these long term contracts is a follows: Estimated Schedule Milestone: Date: Formal BP A Policy Proposal released July 2006 Public comment on Formal Proposal, and continuing effort to reach consensus on issues. July-October 2006 BP A Review of Public Comments October-November 2006 Administration Review Estimated November 2006-January 2007 Publish BP A Regional Dialogue Policy and Record of Decision (ROD) on long-term issues January - Feb 2007 Negotiate and develop New Contract Prototypes, Bases on Policy and ROD March -December 2007 Develop Transparent Net Requirements, Determination Process, and Propose Revisions February-October 2007 to 5(b )9( c) Policy Perform staff analysis and public workshops to develop Long-Term Rate Methodology (Pre- August 2006-January 2007 7(i) phase) 7(i) process to establish Long-Term Rate Methodology February-October 2007 Window for Limited Bilateral Negotiations January 2008-Apri12008 New Long-Term contracts signed by BPA and customers April 2008 7(i) process to set rates for FY 2010-2011 (subscription contracts) November 2008-August 2009 7(i) process to set rates for FY 2012 rate period (Regional Dialogue Contracts) November 2010-August 2011 Service and Rates Under New Contracts Begin October, 2011 Service Under Regional Dialogue Contracts Ends September, 2027 Since the relationship with BPA and the new allocation scheme is central to the issue of our electric conservation activities, it seems prudent to analyze the new BPA long term contracts and how conservation is treated, credited, and funded before a major revision of the element is undertaken. 2 Also, since the City has an extensive array of conservation activities that provide programs for virtually all electric end uses of citizens and businesses, the City will continue to have City funded initiatives to help them conserve electric that will remain in place in their current form until the new contracts are entered into by the City and BPA and the City can revise the element. In BPA's draft Regional Dialogue paper, they are proposing to credit the City with all City- funded conservation done between 2006 - 2011 at 100%, and BPA funded activities at 50% in determining Utilities Tier One allocations under the new 20 year contracts. Some utilities and utility organizations are requesting different treatment of Conservation in the comments they submitted as a part of the regional dialogue. For these above reasons, staff is recommending the following schedule for revision of the City's Conservation Element to the Comprehensive plan. Conservation Element Update Schedule Long Term April 2008 May-July 2008 July-Sept. 2008 Oct.08-Feb. 2009 March 2009 New BPA Contract Signing Staff Revision of the Conservation Element Conservation Commission Review and Revision Planning Commission Review and Revision Council Review, Revision and Adoption This schedule is staff's best estimate at present as a reasonable time line to accomplish this task. With respect to any staff work associated with this revision it will have to be balanced with other Community Development goals and tasks and meshed with annual goal setting to assure that the resources are there to accomplish it as envisioned in this schedule. If Community Development is tasked with other higher priority items this schedule might be hard to adhere to. Related City Policies: The adopted Valdez Principals and the existing Conservation Element support resource efficiency efforts for the City, Citizens and Business Initiatives. Council Options: A) Agree to the proposed revision schedule B) Revise the proposed revision schedule Potential Motions: Move to direct staff to revise the City's Conservation Element as per the proposed revision schedule. Move to direct staff to revise the City's Conservation Element as per the revised schedule as determined by the Mayor and City Council Attachments: N/A 3 F I CITY OF ASHLAND Council Communication Meeting Date: November 21, 2006 Department: Public Works I Engineering Contributing Departments: Fi e Approval: Martha Bennett Street Financing Task Force Primary Staff Contact: Paula Brown 552-2410f7 E-mail: brownp@ashland.or.us Secondary Staff Contact: Lee Tuneberg 552-2003 E-mail: tuneberl@ashland.or.us Estimated Time: 15 minutes Statement: This item addresses Council's request to identify the goals for and composition of the Street Financing Task Force. Staff Recommendation: Staff recommends adopting the goals below for the Street Financing Task Force and asks that the Task Force membership composition be solidified so that actual members can be named in a future meeting. Recommended Street Financinq Task Force Goals 1. Receive staffs updated Street Conditional Analysis based upon the Pavement Management System as a basis of discussion 2. Conduct visual evaluation of the street conditions (likely 2 field trips of 2 hours apiece) to fully understand how the Street Condition is identified 3. Determine and recommend to Council a street condition index minimum standard for the various streets 4. With staff assistance, research and evaluate a wide variety of street funding options 5. Identify, prioritize and recommend to Council likely cost effective street financing options 6. The target would be to have the Task Force meet for the next 3-4 months on a fairly routine basis (every 2-3 weeks) and be in a position to provide input to this year's budget process. Recommended Street Financinq Task Force Membership Composition 1. Russ Silbiger, Council Liaison 2. Traffic Safety or Bike/Ped Commission Member 3. Budget Committee Member 4. SOU Business Department or Business Student 5. Chamber Member 6. Business Owner (Gas Station or Service Station) 7. Paula Brown, Staff Liaison 8. Lee Tuneberg, Staff Liaison Background: Financing street projects has been an issue plaguing most Oregon communities for years. During the March 9, 2006, Study Session, council heard a staff report recommending the creation of a Street Financing Task Force to further evaluate and understand street conditions, resurfacing needs and to develop measures for cost effective management of the street system. Other key objective for the Street Financing Task Force would be to research and recommend cost effective means to address the unfunded street maintenance requirements. There is significant competition for regional, state and federal transportation dollars. Consistent long term maintenance funding must be a priority. The City's Street Fund is used to provide dollars not only to maintain City streets, but also for maintaining the center medians on North Main, Siskiyou Boulevard, and Mountain Avenue, landscaping in the downtown, sidewalks in the G:\pub-wrks\admin\PB Council\Street_Sidewalk_RR misc\CC Street Financing Task Force Nov06.doc r~' downtown, and also fund new street improvements and other capacity improvements (street widening, sidewalks, bikepaths, etc). The Street Fund also pays for the City's portion of the Rogue Valley Transit District. The current street condition index indicates a total of $5.3 million in pavement costs (maintenance, repairs and full depth overlays) to bring the streets to acceptable conditions. It is estimated that unless these projects are funded over the next 5-10 years, costs will significantly increase as the pavement condition worsens. This requires a funding stream of $550,000 to $1,000,000 annually to maintain adequate street pavement conditions. This does not address funding for unpaved streets which would be an additional cost. Currently unpaved streets are considered new improvements and are paid though a combination of grants, local improvement districts and City street funds. In addition to street pavement, there are necessary improvements to the railroad crossings, bikepaths and sidewalk systems that will require an additional $1 million annually for at least the next 5 plus years. Current revenue funding for the street fund includes State gasoline taxes, franchise fees (paid from other City enterprise funds such as electric, water and wastewater), systems development charges (SDCs which will be updated in FY07), the City's transportation utility fee, Local Improvement District fees for specific projects, as well as some State and Federal Transportation Program grant funds for applicable projects (Congestion Mitigation and Air Quality- CMAQ dollars which have funded new pavement for unpaved streets; Access Management funds that helped with the Ashland Street project; Transportation Enhancement funds - TE dollars, which have funded bikepaths, sidewalks and may help fund railroad projects; and State Transportation Program - STP funds, which have typically been used for major improvements and upgrades to our street network). There are also a handful of smaller grant loan programs that the City has used or applied for in the past including Special Public Works Funds, Safety and other program funds. The required expenditures to maintain our street network system adequately far outweigh the typical revenues the City receives. This has created a sizeable backlog in maintenance projects. Standard funding sources have been adequately accounted for and new sources of funding, long and short term, must be identified. Related City Policies: Budget Documents including the CIP Ashland Community Values Statement Council Options: With Council's consent, staff would like to advertise for the above Task Force membership and bring suggestions to the Mayor for appointment and council concurrence at a future meeting. As we are soon going into the budget process, staff hopes to bring the membership to council quickly. Although there are many options, staff reviewed the following: 1. Council could approve the stated goals for the Street Financing Task Force and Task Force membership and further direct staff to advertise for these new positions so that they can be filled as soon as possible. 2. Council could approve the stated goals for the Street Financing Task Force with edits, accept the Task Force membership with changes, and further direct staff to advertise for these new positions so that they can be filled as soon as possible 3. Council could reject taking any action on this item at this time and direct staff to provide more information. Potential Motions: 1. Council moves to approve the stated goals for the Street Financing Task Force and Task Force membership and further directs staff to advertise for these new positions so that they can be filled as soon as possible. 2. Council moves to approve the stated goals for the Street Financing Task Force with edits, accepts the Task Force membership with changes, and further directs staff to advertise for these new positions so that they can be filled as soon as possible. Attachments: Minutes from the March 9, 2006 Study Session regarding this item G:\pub-wrks\admin\PB Council\Street_Sidewalk_RR misc\CC Street Financing Task Force Nov06.doc r., City Council - Minutes Thursday, March 09, 2006 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL March 9, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 5:22 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Hartzell, Jackson, Silbiger and Chapman were present. Councilor Amarotico was absent. 1. Street Condition Assessment and Financine: Interim Public Works Director Joe Strahl introduced street employees Steve Burkhalter and John Peterson. Mr. Strahl explained that a street condition inventory had been completed and it indicated that there is a back-log of streets that are in need of repair and the condition is getting worse. He stated that the number of streets and expense related to repair is increasing. Overall there is approximately $5.3 million worth of unfunded street work in the city that needs to be addressed in order to maintain the system in a cost effective manner. The department is prepared to do what is necessary but cannot do the work without the money. Staff recommends that a task force be appointment to work with staff to develop funding options for council's consideration. Mr. Burkhalter gave brief explanation on how streets are evaluated and determination on the condition of the street. Mr. Strahl explained that it is not unusual to have a back-log of streets in need of repair and due to priorities in the department, the rise of fuel costs, level of average street conditions and other factors can result in an increase in the number of back-logged streets in need of repair. He stated that basing your standard on an average may not be the way to go and he suggests concentrating on the low end of the system to make sure more streets don't fall into this category. He explained that when deteriation sets in, in sets in quickly. Council and staff continued their discussion on various areas of the community where street repair is needed. It was suggested that street System Development Charges (SDC) be reviewed. Mr. Strahl suggested that the lower end streets be focused on as a priority and that it could be part of a capital improvement project. He stated that the city does contract out for engineering. It was clarified that SDC's can only be used for improvement based on capacity and could not be used for maintenance. Mr. Strahl gave examples of capacity improvements. He stated that "load limiting" needs to be done with care, that there are streets that are designed to handle certain loads. One of the problems with load limiting is that the people in construction trades feel they are already paying the fair share of the cost. Council and staff continued discussion regarding various streets with steep slopes and how drainage is important in these types of streets. Staff suggested forming a task force consisting of staff and citizens that could bring back funding options for the council to consider. It was suggested that a sub-committee consisting of staff and council may be a better approach due to the complexity and different sources of revenue streams that may in competition for by other groups. Finance Director Lee Tuneberg spoke regarding the various revenue streams. He also noted that it may be beneficial to have a group look at various revenue streams to evaluate whether we have our fees set appropriately. He stated that it is important to look at what else is being funded and that by having a group look at the big picture may be important, especially if it is done sooner rather than later. It was clarified that the task force would be to explore funding options, clear expectations and have a time-line. Mr. Tuneberg stated that due to the size of the project it will take longer to identify funding and is a multi-year project. Mr. Strahl stated that there is a need to plan now in order to plan projects. Staff will develop a charge for the task force and may work with the SDC committee. Council consensus was to move forward with the formation of a task force and will determine who the members of this task force will be when the charge has been developed and brought back to the council for consideration. 2. Ethics Code *************************************** more in full minutes ADJOURNMENT: Meeting adjourned at 7:05 p.m. Barbara Christensen, City Recorder John W Morrison, Mayor CITY OF ASHLAND Council Communication Second Reading of Ordinance Restricting the Addition of Certain Substances to Municipal Drinking Water Meeting Date: November 21, 2006 Department: Administration Contributing Departments: Public ~kS' Legal Approval: Martha Benn~ Estimated Time: 5minutes U r' \ Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm@ashland.or.us Paula Brown brownp@ashland.or.us Statement: At the July 18, 2006 meeting, the Council formed a committee to redraft an ordinance to prohibit the use of drinking water as a vehicle for medication. At the November 7 meeting, Council approved first reading of this ordinance after removing the words "for humans" from paragraph (a). Staff Recommendation: Staff recommends Council adopt the attached ordinance as amended at your November 21,2006 meeting. Background: At your July 18, 2006 meeting, the Council considered a request to adopt an ordinance that prohibits adding any substance to drinking water as Councilor Hartzell expressed concern that the City should enact an ordinance prior to the beginning of the 2007 Legislative Session to be clear that the City opposes mandatory fluoridation of drinking water. Other Councilors also expressed a hope that Ashland could be exempted from a mandatory fluoride law if it had an existing code that prohibits fluoridation. At that meeting, Council had general consensus that they would like to consider the topic further. Council appointed a committee of Councilors Chapman and Hartzell and Mayor Morrison and requested that the Committee revise the ordinance to make it simpler and to ensure that the City can continue to treat raw water to make it potable. That Committee met on September 1, 2006 and agreed on the attached draft ordinance. The attached ordinance is simpler than the original ordinance. Like the July draft, it still prohibits anyone from adding a substance that is used for medication rather than to make water potable. Related City Policies: Council passed a motion in February 2005 opposing a bill in the Oregon State Legislature that would have made fluoridation of municipal water in Oregon mandatory. Council also passed a resolution in May 2001 that urged the Legislature to Observe the Right of Self-government for Oregon Cities and to Refrain from Pre-empting Local Control. Council Options: Council can move to approve adopt the attached ordinance. Council can give additional direction to staff. Attachments: r., ORDINANCE NO. AN ORDINANCE ADDING A NEW SECTION TO TITLE 14, CHAPTER 4, RESTRICTING THE ADDITION OF SUBSTANCES TO THE DRINKING WATER THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: A new section shall be added to Ashland Municipal Code, Title 14, Chapter 4, which shall read: 14.04.050 Water System Chemical Addition Restrictions. a) It shall be unlawful and a public nuisance for any person to introduce or add any substance to the public water supply for the purpose of acting as medication. b) Notwithstanding paragraph a), the City of Ashland will treat its drinking water to make it safe and potable in such a way that it meets Maximum Contaminant Level Goals established pursuant to the federal Safe Drinking Water Act (42 U.S.c. 300f et seq.) The foregoing ordinance was first read on the _ day of PASSED and ADOPTED this _ day of , 2006. , 2006, and duly Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2006. John W. Morrison, Mayor Reviewed as to form: Michael Franell, City Attorney CITY OF ASHLAND Council Communication Delegate to Jackson County Committee to End Homelessness November 21, 2006 Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm@ashland.or.us Statement: Jackson County is seeking a representative from the Ashland City Council to serve on a County Committee working to end homelessness in Jackson County. Staff Recommendation: Staff recommends that Council appoint a member of the Council to serve on a county-wide committee working to end homelessness. Background: When Paul Carlson from the US Interagency Council on Homelessness, visited the region in September of this year, Jackson County agreed to create a county-wide task force on homlesseness. The County has requested that the City designate a policy maker to serve on this task force. Hank Collins, Director of the County's Health and Human Services Department, will be the lead staff person for the County, and has requested that the Council appoint someone by the end of the month. Attachments: Document from National Alliance to End Homelessness. r~' '~"vf':'!~Oi'.... "Il;D" 'd' ,:;wB' '0::' DI'~""YSi'<<;\:Sii"~'n;" , .S:" :::'S' . ,;,lL,'<~< ;~'''<:'i'd:'''.'<TI~ir'':'' ,Y '." < <. .":'~ ~. >~:!;i :':':<':~:;:~<i:~e'<':'a;:;;:':r;~:::;;~lJ:';;"0":'"<l:~", ."':'::::<::' :,' ' ~~~,'.,. ~.~:<<1' '::'t't'F ~~~~~~i!?r,' ":'Wi ~:: .' ,~ "', ; '....,R..eleSmess " 'Suite"'<.<201'<~:<':c;:>, .;: ':;, : ... ~". y, , ' .- ;';2';' 'ooos" ..,' ,: ",: '~', :', , ,~" . ","," .""n '*I>' ,), ' <, , ',N ': ',' ,.: " ,:;' , ' ~ ;'1" '528" ' ,',:,' " " , l : ' , ~~ "" .;' ~~""~ , -.....: ...... ' ",<( ',l Twenty years ago there was not wide-spread homelessness in America. Tonight nearly a million people will be homeless, despite a two billion dollar a year infrastructure designed to deal with the problem. Can homelessness be ended? While the seeds of homelessness were planted in the 1960s and 1970s with de institutionalization of mentally ill peo- ple and loss of affordable housing stock, wide-spread homelessness did not emerge until the 1980s. Several factors have affected its growth over the last two decades. Housing has become scarcer for those with little money. Earn- ings from employment and from benefits have not kept pace with the cost of housing for low income and poor peo- ple. Services that every family needs for support and stability have become harder for very poor people to afford or find. In addition to these systemic causes, social changes have exacerbated the personal problems of many poor Ameri- cans, leading them to be more vulnerable to homelessness. These social trends have included new kinds of illegal drugs, more single parent and teen-headed households with low earning power, and thinning support networks. These causes ofhomelessness must be addressed. People who are homeless must be helped, and the current system does this reasonably well for many of those who become homeless. But the homeless assistance system can neither prevent people from becoming homeless nor change the overall availability of housing, income and services that will truly end homelessness. Mainstream social programs, on the other hand, do have the ability to prevent and end homelessness. These are pro- grams like welfare, health care, mental health care, substance abuse treatment, veterans assistance and so on. These programs, however, are over-subscribed. Perversely, the very existence of the homeless assistance system encour- ages these mainstream systems to shift the cost and responsibility for helping the most vulnerable people to the home- less assistance system. This dysfunctional situation is becoming more and more institutionalized. Can nothing be done? Ending HomeIessness in Ten Years The Board of Directors of the National Alliance to End Homelessness believes that, in fact, ending homelessness is well within the nation's grasp. We can reverse the incentives in mainstream systems so that rather than causing home1essness, they are preventing it. And we can make the homeless assistance system more outcome-driven by tailoring solution-oriented approaches more directly to the needs of the various sub-populations of the homeless population. In this way, homelessness can be ended within ten years. To end homelessness in ten years, the following four steps should be taken, simultaneously. Plan for Outcomes Today most American communities plan how to manage homelessness - not how to end it. In fact, new data has shown that most localities could help homeless people much more effectively by changing the mix of assistance they provide. A first step in accomplishing this is to collect much better data at the local level. A second step is to create a planning process that focuses on the outcome of ending homelessness - and then brings to the table not just the homeless assistance providers, but the mainstream state and local agencies and organizations whose clients are home- less. Executive Summary Close the Front Door The homeless assistance system ends homelessness for thousands of people every day, but they are quickly replaced by others. People who become homeless are almost always clients of public systems of care and assistance. These include the mental health system, the public health system, the welfare system, and the veterans system, as well as the criminal justice and the child protective service systems (including foster care). The more effective the homeless as- sistance system is in caring for people, the less incentive these other systems have to deal with the most troubled peo- ple - and the more incentive they have to shift the cost of serving them to the homeless assistance system. This situation must be reversed. The flow of incentives can favor helping the people with the most complex prob- lems. As in many other social areas, investment in prevention holds the promise of saving money on expensive systems of remedial care. Open the Back Door Most people who become homeless enter and exit homelessness relatively quickly. Although there is a housing shortage, they accommodate this shortage and find housing. There is a much smaller group of people which spends more time in the system. The latter group - the majority of whom are chronically homeless and chronically ill- vir- tually lives in the shelter system and is a heavy user of other expensive public systems such as hospitals and jails. People should be helped to exit homelessness as quickly as possible through a housing first approach. For the chronically homeless, this means permanent supportive housing (housing with services) - a solution that will save money as it reduces the use of other public systems. For families and less disabled single adults it means getting peo- ple very quickly into permanent housing and linking them with services. People should not spend years in homeless systems, either in shelter or in transitional housing. Build the Infrastructure While the systems can be changed to prevent homelessness and shorten the experience of homeless ness, ultimately people will continue to be threatened with instability until the supply of affordable housing is increased; incomes of the poor are adequate to pay for necessities such as food, shelter and health care; and disadvantaged people can re- ceive the services they need. Attempts to change the homeless assistance system must take place within the context oflarger efforts to help very poor people. *** Taking these steps will change the dynamic of homelessness. While it will not stop people from losing their housing, it will alter the way in which housing crises are dealt with. While it will not end poverty, it will re- quire that housing stability be a measure of success for those who assist poor people. The National Alliance to End Homelessness believes that these adjustments are necessary to avoid the complete institutionalization of homelessness. If implemented over time, they can lead to an end to homelessness within ten years. 2 Between 700,000 and 800,000 people are homeless on any given night. Over the course of a year between 2.5 and 3.5 million people will experience homelessness in this country.' In order to end homelessness, it is neces- sary to understand the needs and characteristics of the sub-populations of this large group. The most signifi- cant sub-groups are people who experience homeless- ness as part of a family group, and those who are single adults. Families Most families become homeless because they are having a housing crisis. Their primary, immediate need is for housing. Certainly they are likely to have other needs -- for services and to increase their incomes. However, these needs are best met, once the family is in perma- nent housing - not while they are temporarily housed in shelter or transitional housing. Most homeless families get themselves back into housing as quickly as they can after they become homeless. . About half of the individuals who experience homelessness over the course of a year live in family units.2 · About 38% of people who are homeless in the course of a year are children.3 . Most people in homeless families have personal problems to overcome, but these problems are not appreciably different from those of poor, housed families.4 . Services delivered in the homeless system seem to have little effect on eventual stability of these families in housing.5 . Homeless families report that their major needs are for help finding a job, help finding afford- able housing, and financial help to pay for hous- ing. The services they most often receive, how- ever, are clothing, transportation assistance, and help in getting public benefits. Only 20% of families report that they received help finding housing.6 In cases in which a family is fleeing from a domestic violence situation or in which the head of household has been in residential treatment or detoxification for drug or alcohol abuse illness, a transitional period may be re- quired prior to housing placement. Homeless Population (over a year) II1II Single People o Families Source: America"s Homeless II. Populations and Sen,jces, Feh. J. 2000, Urhan Institute, WashinK(On, DC - paper presented hy Dr. Martha Burt Homeless Population (point in time) II1II 66% Single People 034% Families Source: America's Homeless II: Populations and Services. Feh. J. 2000, Urhon Institute, Washingron, DC - paper presented hy Dr. Martha Burt Shelter Use of Homeless Adults (over a year) Source: Culhane. et aI, 1999 Single Homeless People 11181 % Enter and Exit Quickly 09% Enter and Exit Repeatedly I!!lIO% Remain About half of the people who experience homelessness over the course of a year are single adults. Most enter and exit the system fairly quickly. The remainder essen- tially live in the homeless assistance system, or in a combination of shelters, hospitals, the streets, and jails and prisons. 3 A Snapshot of Homelessness . 80% of single adult shelter users enter the homeless system only once or twice, stay just over a month, and do not return. 9% enter nearly five times a year and stay nearly two months each time. This group utilizes 18% of the system's resources. The remaining 10% en- ters the system just over twice a year and spends an average of 280 days per stay - virtually liv- ing in the system and utilizing nearly half its 7 resources. . The main types of help homeless single adults felt they needed were help finding a job, help finding affordable housing, and help paying for housing. The major types of assistance they re- ceived were clothing, transportation and help with public benefits. Only 7% reported receiv- ing help finding housing.8 There are also single homeless people who are not adults - runaway and throwaway youth. This popula- tion is of indeterminate size, and is often not included in counts of homeless people. One study that interviewed youth found that 1.6 million had an episode of home- lessness lasting at least one night over the course of a 9 year. 4 For mayors, city councils and even homeless providers it often seems that placing homeless people in shelters, while not the most desirable course, is at least the most inexpensive way of meeting basic needs. This is decep- tive. The cost ofhomelessness can be quite high, par- ticularly for those with chronic illnesses. Because they have no regular place to stay, people who are homeless use a variety of public systems in an inefficient and costly way. Preventing a homeless episode, or ensuring a speedy transition into stable permanent housing can result in a significant cost savings. . A recent study of supportive housing in Conecticut compared Medicaid costs for residents for six- month periods prior to and after their move into permanent supportive housing. Reimbursements for mental health and substance abuse treatments de- creased by $760 per service user while reimburse- mentsfor inpatient and nursing home services de- creased by $10,900.10 Following are some of the ways in which homelessness can be costly. Hospitalization and Medical Treatment People who are homeless are more likely to access costly health care services. . According to a report in the New England Jour- nal of Medicine. homeless people spent an aver- age offour days longer per hospital visit than did comparable non-homeless people. This ex- tra cost, approximately $2.414 per hospitaliza- tion, is attributable to homelessness. / / . A study of hospital admissions of homeless peo- ple in Hawaii revealed that 1,751 adults were responsible for 564 hospitalizations and $4 mil- lion in admission cost. Their rate of psychiatric hospitalization was over 100 times their non- homeless cohort. The researchers conducting the study estimate that the excess cost for treat- ing these homeless individuals was $3.5 mil- lion or about $2,000 per person. /2 Homelessness both causes and results from serious health care issues, including addictive disorders. 13 Treating homeless people for drug and alcohol related illnesses in less than optimal conditions is expensive. Substance abuse increases the risk of incarceration and HIV exposure, and it is itself a substantial cost to our medical system. · Physician and health care expert Michael Siegel found that the average cost to cure an alcohol re- lated illness is approximately $10.660. Another study found that the average cost to California Hos- pitals of treating a substance abuser is about $8,360 for those in treatment. and $14.740 for those who are not. /4 Prisons and Jails People who are homeless spend more time in jailor prison -- sometimes for crimes such as loitering n which is tremendously costly. . According to a University of Texas two-year survey of homeless individuals. each person cost the taxpayers $14,480 per year, primarily fi . h . '1 /5 or overmg t 1Ql . . A typical cost of a prison bed in a state or fed- eral prison is $20,000 per year. /6 Emergency Shelter Emergency shelter is a costly alternative to permanent housing. While it is sometimes necessary for short-term crises, it too often serves as long-term housing. The cost of an emergency shelter bed funded by HUD's Emer- gency Shelter Grants program is approximately $8,067,17 more than the average annual cost of a fed- eral housing subsidy (Section 8 Housing Certificate). Lost Opportunity Perhaps the most difficult cost to quantify is the loss of future productivity. Decreased health and more time spent in jails or prisons, means that homeless people have more obstacles to contributing to society through their work and creativity. Homeless children also face barriers to education. Dr. Yvonne Rafferty, of Pace University, wrote an arti- cle which compiled earlier research on the education of homeless children, including the following findings: 5 The Cost of Homelessness . Fox, Barnett, Davies, and Bird 1990: 79% of 49 homeless children in NYC scored at or below the 10th percentile for children of the same age in the general population. . 1993: 13% of 1 57 homeless students in the sixth grade scored at or above grade level in reading ability, compared with 37% of all fifth graders taking the same test. . Maza and Hall 1990: 43% of children of 163 homeless families were not attending school. . Rafferty 1991: attendance rate for homeless students is 51%, vs. 84%for general popu- lation. . NYC Public Schools 1991: 15% of 368 homeless students were long-term absentee vs. 3.5% general population. 18 Because many homeless children have such poor educa- tion experiences, their future productivity and career prospects may suffer. This makes the effects of home- lessness much longer lasting than just the time spent in shelters. 6 Plan for Outcomes Localities can begin to develop plans to end, rather than to manage, homelessness. There are two compo- nents. Every jurisdiction can collect data that allows it to identify the most effective strategy for each sub- group of the homeless population. Second, jurisdictions can bring to the planning table those responsible for mainstream as well as homeless-targeted resources. Close the Front Door Homelessness can be prevented by making mainstream poverty programs more accountable for the out- comes of their most vulnerable clients and wards. Open the Back Door Where homeless people are already accommodating the shortage of affordable housing, this should be fa- cilitated and accelerated. Where there is no housing, particularly for those who are chronically homeless, an adequate supply of appropriate housing should be developed and subsidized. Build the Infrastructure Ending homelessness can be a first step in addressing the systemic problems that lead to crisis poverty: . shortage of affordable housing . incomes that do not pay for basic needs . lack of appropriate services for those who need them. *These steps should be undertaken simultaneously 7 Since the demographics of homeless ness, and therefore its solutions, vary in every locality, ending homelessness will require the development oflocal plans to systematically and quickly re-house those who lose their housing. The replace- ment housing should be permanent -- having no artificiallim- its on how long a person can stay. If an individual or family requires some type of temporary housing such as residential treatment (for illness) or residential separation (for victims of domestic violence, for chronically homeless people, for peo- ple in recovery) such interim housing should be firmly linked to eventual placement in permanent housing. In order to develop local systems that do not tolerate home- lessness, two things must happen. Accurate administrative data must be developed to understand the nature of homeless- ness and its solutions, and long range planning must take place with the goal of ending homelessness (defined as get- ting people into permanent housing). Data Every jurisdiction needs solid information on who is home- less, why they became homeless, what homeless and main- stream assistance they receive and what is effective in ending their homelessness. This information is needed on a city- or state-wide basis, not just a program-by-program basis. This allows trends to be monitored to determine what is causing homelessness, to assess what types of assistance are available to address homelessness, and to fill the resulting gaps. Questions that can be answered with such data include: . With what mainstream public systems have homeless people interacted, and did this interaction result in home- lessness (example: poor discharge planning, inadequate after-care, etc.)? · How many units of supportive housing are needed to eliminate chronic homelessness? . For those who enter and exit the system fairly quickly, what assistance is most effective in facilitating their re- housing? . What mainstream services do families need after they are housed so that they do not become homeless again? Surprisingly, very few places have this kind of fundamental data upon which to base decisions. Accordingly, the ap- proach to homelessness is more often intuitive and general than strategic and outcome driven. Planning At present, there is very little local planning to end homeless- ness, utilizing the full range ofresources that is available at the local and state levels. A first step toward such an effort, the Continuum of Care process of applying for funds from the U.S. Department of Housing and Urban Development, has succeeded in increasing the level of cooperation and analysis at the local level. But genuine planning efforts are still rare. Local planning should go beyond the effort to create a full spectrum homeless assistance system which manages peo- ple's experience ofhomelessness. Local jurisdictions should develop long term plans whose goal is to immediately re- house anyone who becomes homeless. Such a system will involve agencies and programs far beyond the scope of the homeless assistance providers. The following agencies should be involved in local (and state) planning to end home- lessness. . State/local mental health department . Mental health providers . State/local public health department . Health care providers . State/local corrections department . State/local veterans affairs department . State/local labor or employment depart- ment . Employment services providers . Employers . State/local substance abuse department . Substance abuse providers . Homeless assistance providers . Govemor's/Mayor's office . County official(s) . State/local public assistance department . State/local housing department . Nonprofit housing developers/operators . For-profit housing developers/operators 8 The majority of people who enter the homeless assistance sys- tem receive help and exit the system relatively quickly. But no sooner do people successfully exit the system than they are replaced by others. This is why the number of homeless peo- ple does not decrease. If we are going to end homelessness we must prevent people from becoming homeless - we must close the front door to homelessness. In the past, homelessness prevention focused primarily on stopping eviction or planning for discharge from institutions like jailor mental hospitals. These are important, but we must take a more comprehensive view. Most homeless people are clients of a host of public social support systems, often called the "safety net." Others are the wards of programs in the criminal justice system or the child welfare system (foster care). Together these programs and systems are called the mainstream system. In a way, home- lessness is a litmus test - it can show whether the outcomes of the mainstream system are positive or negative. Insofar as their clients or wards end up homeless, the programs have bad outcomes. Generally speaking, these mainstream systems, while large in terms of scope and funding, are over-subscribed and under- funded relative to their responsibilities. It is not surprising, therefore, that they are quick to shift responsibilities and costs elsewhere, when they are able. The homeless assistance sys- tem provides one such opportunity. To the degree that home- less programs take responsibility for a whole host of very poor people, the mainstream system does not have to. How- ever, the homeless system is not large and well-funded. It can meet immediate needs, but it cannot prevent people be- coming homeless, and it cannot address their fundamental need for housing, income and services. Only the mainstream system has the resources to do this. To end homelessness, the mainstream programs must prevent people from becoming homeless. A sample of the major pro- grams that could be expected to help prevent homelessness follows:19 Temporary Assistance for Needy Families (T ANF) Mental Health Performance Partnership Block Grants Social Services Block Grant State Children's Health Insurance Program Substance Abuse Prevention and Treatment Block Grant Community Health Centers Community Services Block Grants Medicaid Community Development Block Grant Home Investment Partnerships Progra (HOME) Public and Indian Housing Section 8 Rental Certificate and Voucher Pro- grams Section 811 Supportive Housing for Persons with Disabilities Program Job Training for Disadvantaged Adults Welfare to Work Grants to States and Localities Supplemental Security Income Veterans Benefits Veterans Medical Centers Youth Employment and Training Program Job Training for Disadvantaged Youth Veterans Employment Program Others with which poor people also interact, but which have a lesser impact are: Ryan White Care Act Emergency Food Assistance Program Food Stamp Program Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Maternal and child Health Services Block Grant Housing Opportunities for People With AIDS (HOPW A) In order to Close the Front Door to Homelessness, we must prevent homelessness. This can be done in two ways. The first is to demonstrate that although shifting responsibility for homeless people to the homeless system may seem to be cost efficient, it is actually more costly over all. For example, sending parolees to shelters rather than half-way houses may seem cost efficient. However, it can increase recidivism, and result in use of other costly systems such as hospital emer- gency rooms. Second, we can reward systems for improving their outcomes, as measured by homelessness. This could be done by provid- ing incentives to programs which reduce the number of their clients or wards who become homeless. Conversely, it could be accomplished by penalizing these systems when a client becomes homeless. 9 A key step in ending homelessness is to quickly re-house eve- ryone who becomes homeless - open the back door out of homelessness. Different subpopulations of homeless people require different housing strategies. The two major groups to consider are homeless families and homeless single adults. Both groups face system-based barriers to "getting out the back door." Chronically Homeless People The first and most important group to address when seeking to end homelessness is the group that lives in the shelter sys- tem - the chronically homeless. They represent 10%20 of the single homeless population, which itselfrepresents approxi- mately 50%21 of homeless people, over time. Applied to a national yearly estimate of 3 million homeless people,22 there are thought to be some t 50,000 chronically homeless people in the nation. Few people in this chronic group are likely to ever generate significant earnings through wages. While they may have some income from wages and/or public benefits, they will re- quire long term subsidization of both housing and services because of their disabilities. Permanent supportive housing n housing with appropriate and available services and supports n is highly successful in stabilizing this population. To end homelessness for chroni- cally homeless people would take 150,000 units of permanent supportive housing. We estimate the cost of creating and sus- taining 150,000 units of permanent supportive housing to be $1.3 billion per year at the end of ten years. It is important to consider this cost on the context of savings that will be gener- ated in spending on homeless services, Medicaid, incarcera- tion and the like. (See attached The Cost of Permanent Supportive Housing.) Episodically Homeless Group The people who use shelter repeatedly, often called the epi- sodically homeless group, constitute approximately 9% of the homeless single population or around 135,000 people.23 This group has a high public cost when housed in shelter because its members seem frequently to interact with other very costly public systems, particularly jails and prisons and hospitals. Many are active users of substances. They are young relative to the chronically homeless group. This group requires a flexible strategy that addresses both their housing needs (both when in treatment and in relapse) and their need for treatment. When they are in treatment, or compliant with treatment regimens (i.e., clean and sober), supportive housing or private sector housing are good options. When they are unable to find acceptable treatment, or unwill- ing to partake in treatment or treatment regimens, other hous- ing options must be found. Current policies in which episodi- cally homeless people sleep in the street, in shelters, hospitals and penal institutions jeopardize public safety (primarily for them) and/or have high public costs. There are different views about how best to address episodic homelessness. There are those who believe that many epi- sodically homeless people are those currently unwilling to engage in treatment for addiction disorders. Therefore they believe that it is necessary to create a type of housing that rec- ognizes the addiction, makes services available, but does not require sobriety. Models of so-called "low demand" housing exist, and it has further been suggested that low cost hostel or dormitory type housing with daily or weekly rental terms be developed. Others believe that most treatment available for addiction disorders is not appropriate for this group (too short term, no follow-up recovery or sober housing) and that the solution for the episodic group is a sufficient supply of ap- propriate treatment. Both options are probably needed, but further examination of this problem will be required before the most appropriate mix is identified. Transitionally Homeless Those who have relatively short stays in the homeless assis- tance system, exit it and return infrequently if at all, have been called by Culhane the "transitionally" homeless.24 The majority of families and single adults who become homeless fall into this category. They have had a housing crisis that has resulted in their homelessness. Despite the near universal shortage of affordable housing for poor people, they will find a way to house themselves. Since the homeless system is un- able to address the real cause of their problem - the overall national shortage of affordable housing - its best course of action is to facilitate their accommodation to this shortage and help them make it more quickly. The Alliance recommends a HOUSING FIRST approach for most families. The focus is upon getting families very quickly back into housing and linking them with appropriate mainstream services - reducing their stay in housing to an absolute minimum. The components of such a plan are: . Housing services: to clear barriers such as poor ten- ant history, poor credit history, etc.; identify land- lords; negotiate with landlord; etc. . Case management services: to ensure families are receiving public benefits; to identify service needs; to connect tenants with community-based services. . Follow-Up: To work with tenants after they are in housing to avert crises that threaten housing stability and to problem-solve. 10 Opening the Backdoor There are exceptions to this strategy for which an interim type of housing is necessary prior to placement in permanent hous- ing. Families in which the head of household has a chronic and longstanding illness such as alcohol or substance abuse disorder or mental illness may require treatment, with housing for family members, followed by an intermediate level of sup- portive housing that has appropriate services attached. This would follow the model described above for chronically homeless, chronically ill single people. For families fleeing an immediate domestic violence situa- tion, a Housing First approach is also unlikely to be effective. Such families typically need a period of four to six months in a sheltered and secure environment in order to sever ties with the batterer. A major component of this transition, however, must be the identification of housing available at its comple- tion. Similarly for transitionally homeless single adults, the empha- sis should be placed upon facilitating their move to permanent housing. Housing services, case management services and follow-up services can be effectively utilized to maximize housing stability. Dealing differently with these major components of the homeless population will drastically change the dynamic of homelessness. The current orientation is to keep people in the system for long periods of time, either because there is no place for them to go (chronically and episodically homeless), or be- cause it is assumed that people are homeless because of some set of personal problems that can be "fixed" by the homeless system (families, transitionally homeless single adults). To end homelessness, a different approach can be taken. People should be placed in housing as rapidly as possible and linked to available services. *** The Cost of Permanent Supportive Housing Providing 150,000 units of permanent supportive housing for those who are chronically homeless will be costly. Providing such housing will require a long-term commitment from Fed- eral, State, and local govemments, and private providers. However, it also holds the promise of savings when total pub- lic investment is considered. Currently, permanent supportive housing is financed through several federal funding programs combined with conventional financing. The major programs that have funded such hous- ing are the Shelter Plus Care, Single Room Occupancy, and Supportive Housing (Permanent) programs at the US Depart- ment of Housing and Urban Development. To date around 50,000 units of supportive housing have been produced.25 We have estimated the cost of increasing this supply by 150,000 units of permanent supportive housing over ten years. We have calculated the cost of providing and sustain- ing this house using a project-based rent subsidy for suppor- tive housing providers. This subsidy would include operating expenses such as maintenance, utilities, interest, and property management, and would also include principal payments. The total cost the operating subsidies depends on the average per unit cost. The cost per unit of permanent supportive hous- ing will vary widely depending on the cost of housing and services in a given geographic area. Based on the costs of similar housing programs, we estimate that the housing com- ponent of the units would average approximately $8,500 per unit per year.26The initial and renewal costs of the subsidies required to meet the 10-year goal, including the costs of re- newing the current stock of supportive housing, are listed in the following table: Cost of Supportive Housing Component of Ten Year Plan (millions) First Year Tota] Year Rent Renewa] Total Units Subsidy Cost Cost (N ew and Current) I $128 $300 $428 65,000 2 ] 28 428 556 80,000 3 128 556 684 95,000 4 ] 28 684 812 ] 10,000 5 128 8] 2 940 125,000 6 ] 28 940 1,068 140,000 7 128 1,068 1, ] 96 ]55,000 8 ] 28 1,196 1,324 170,000 9 ] 28 1,324 1,452 185,000 ] 0 128 ] ,452 ],580 200,000 At the end often years, the annual cost of renewing the 150,000 units would be $1.3 billion, and the total cost of sus- taining both the incremental and the existing subsidies would be approximately $1.58 billion. 11 Opening the Back Door Construction and Rehabilitation In some localities, new supportive housing will have to be produced to meet this need, in others, existing housing can be rehabilitated, and in others, there may be adequate facilities already in place or tenant-based subsidies can be used in ex- isting housing. The subsidy described above covers the amor- tized cost of constructing or rehabilitating units, but in some areas a rental subsidy may not be enough to ensure financing. In that case, several mechanisms for supporting financing are possible: . FHA could insure financing for construction or rehabili- tation. . HUD could enter into a long-term contract with the pro- vider to guarantee the subsidy, thus a financing agency would feel more confident in providing capital. . Localities could use HUD funding from CDBG, HOME, or another program to help finance construction. . The value of the subsidy could be increased in areas where construction financing is problematic. An alternative to providing a single subsidy to cover all of the costs would be to provide separate financing for construction/ acquisition and operating expenses. The cost of producing a unit is between $50,000 and $100,000 depending on whether you acquire and rehabilitate an existing unit or construct a new one.27 Funding the construction of 150,000 would require about $11.4 billion/8 but the subsidy per unit would be re- duced significantly. Any funding for construction could po- tentially be matched with funds from a variety of sources in- cluding private donations and State and local funding. Supportive Services The supportive services, which are crucial for properly serv- ing this population, can be funded through traditional revenue streams for mental health, medical care, substance abuse treatment, education, and vocational rehabilitation and job training. Preferable would be an independent funding stream to support the cost of services in supportive housing, includ- ing case management. The cost of services will vary greatly depending on the geographic area and the individual needs of each resident. Current estimates from providers range from $3,000/year/person to $8,000/year/person for services. While the total cost of supportive housing appears high, it must be considered in conjunction with the fact that homeless services would be freed up for other homeless individuals and families, and there would be significant cost savings resulting from bet- ter service delivery and stability in housing. 12 A primary reason that wide-scale homelessness did not exist twenty-five years ago is that the infrastructure of housing, income and services that supports poor people has changed. Remedies to homelessness must take place within the context of re-building this infrastruc- ture. Although we can stop people who lose their hous- ing from spending lengthy periods of time homeless, ultimately we will not be able to stop people from hav- ing housing emergencies until we address their housing, income and service needs. Housing Most poor people rent housing, and a great many poor renter households are at an extremely high risk of home- lessness. This is because so many of them, 12.3 million individuals or 5.4 million families,29 have a housing af- fordability crisis. They pay more than half of their in- come for rent, and therefore have no buffer to deal with unforeseen expenses such as car breakdowns, the need to leave a job to care for a sick child, or school costs. Should such economic crises arise, they are vulnerable to losing their housing and becoming homeless. Part of this problem is income-related, but there is also an extreme and growing shortage of affordable housing units in the country. In 1995, the number oflow-income renters exceeded the number oflow-cost units by 4.4 million.30 This problem is getting worse. While the number of households needing housing support has in- creased, the number of units affordable to them has de- creased. 370,000 unsubsidized units affordable to ex- tremely low income renters were lost between 1991 and 1997.31 Federal housing subsidy can help address the problem, but here again supply does not keep up with demand. The number of units receiving direct federal subsidies has dropped by 65,000 in the past four years.32 Even where housing subsidy is available, it does not al- ways solve housing problems. According to HUD, 1.3 million households that receive some sort of housing assistance still have a severe rent burden.33 In short, housing is a serious problem for lower income Americans including those who work. Yet stable hous- ing is essential to achieve national goals of improved education, safety, health care and employment. There are existing housing programs to address these issues, but they are not adequate. Of those people who are eli- gible for housing assistance (based on income or status), as many do NOT receive assistance as DO receive it, because of inadequate funding. People become homeless because of the lack of afford- able housing. The supply of housing that is affordable and available to low income people should be increased. In addition, subsidies that allow people to achieve sta- bility in decent housing should be regarded as good in- vestments in a productive society. Income Work does not pay for housing. According to the Na- tional Low Income Housing Coalition, there is no com- munity in the nation in which a person working at mini- mum wage can afford (using the federal standard of af- fordability) to rent a one-bedroom unit. Averaging across the nation, a full-time worker would have to make $11.08 per hour (215% of the minimum wage) in order to afford a two-bedroom rental unit. Alterna- tively, a person could work at minimum wage for an av- erage of 86 hours per week.34 For the poorest Americans, reduced incomes are part of a long-term trend. Wages for the lowest-paid workers have gone down substantially in real terms over the past 20 years. The wage for a worker at the tenth percentile (i.e. with wages that were higher than ten percent of workers, and lower than 90 percent) was $6.52 per hour (in 1998 dollars) in 1979. By 1998 it had declined to $5.84, up from a low of$5.37 in 1996. This drop mir- rors a drop in the purchasing power of the minimum wage, which declined from $6.29 in 1979 (1997 dollars) to $5.15 in 1997, where it has remained.35 The decline in real wages has gone along with an even greater deterioration in the availability and purchasing power of public benefits for the poorest and most af- flicted people. In 1995, Congress amended the Supple- mental Security Income program so that drug and alco- hol addiction could not be considered grounds for dis- ability. As a result, approximately 140,000 people, whose addictions and other disabilities were so severe that they made it impossible to work, lost benefits im- mediately. From the mid-1980s through the mid-1990s, many states eliminated programs of "General Assis- tance" or "General Relief," that provided minimal bene- fits to unemployed people who were not eligible for any 13 Building the Infrastructure other benefit program. Then, in 1996, Congress passed the Personal Responsibility and Work Opportunity Rec- onciliation Act, which affected food stamp allocations for many people, eliminated SSI eligibility for some children, and turned the administration of welfare pro- grams for families over to the states, through the Tem- porary Assistance for Needy Families program. While there has been much controversy about the over- all impact of welfare reform, one fact that all concerned seem to agree on is that incomes of the very poorest families have gone down. Despite a superbly healthy economy, for example, the income of the poorest 20% of female headed families with children (six million people) fell $580 per family between 1995 and 1997.36 The erosion of income was caused largely by sharp re- ductions in government cash and food assistance for poor families. The rising tide of the strong economy is indeed lifting boats. However, poor people are experiencing far less benefit than those of higher incomes. Most im- portantly, any benefit they may experience is not adequate to meet the increasing cost of housing. We must continue to support efforts to create wage and benefits that allow households to pay for basic ex- penses, including housing, food and health care. Services People often need services, and low-income people must turn to public systems to secure the services they need. Some need services in order to work and earn the money to pay rent. Others need services, regardless of their in- come, in order to meet their basic responsibilities as a tenant and remain in housing. Mental health treatment is essential so that people with mental illness can earn money and pay rent, and for those with the most severe illnesses, so they can meet other responsibilities as tenants. A great deal of current chronic homelessness can be traced to the lack of a sys- tem of community treatment, linked with housing, to replace the system of state hospitals that have been closed in large numbers in recent decades. The National Association of State Mental Health Program Directors estimated that 57,000 people were cared for in state psy- chiatric hospitals in 1997, down 37% from that number in 1990. This decline is part of a long-term trend that began in the 1950s. Community-based mental health treatment has not kept up with this decline. The substance abuse treatment system is facing a severe treatment gap. The National Association of State Alco- hol and Drug Abuse Directors indicates that 50% of those who need treatment receive it.37 Waiting times for treatment at publicly-funded clinics preclude effective help for those without stable housing. Child care is another important service. As welfare be- comes less relevant to low-income communities, single parents must work in order to stay housed. Public child care is especially important for those at risk of home- lessness - homeless parents are less likely to have func- tioning networks of social supports, such as family members or friends who could care for their children, than are poor parents in general. Nationally, however, only one out often children who is eligible for child care assistance under federal law receives any help.38 Everyone uses services. Those with the lowest incomes rely on public systems to supply medical care, job train- ing, education, mental health treatment, child care, sub- stance abuse treatment, transportation and many other services. Those systems are almost uniformly overbur- dened, and in many cases are not keeping up with new demands. These public systems require realistic funding and good policies to address new challenges. 14 T"' I 1 Housing and Homelessness, National Alliance to End Homeless, 1987. Homelessness: Programs and the People They Serve. Findings of the National Survey of Homeless Assistance Providers and Clients. Highlights. Interagency Council on the Home- less, December, 1999 2 Homeless Programs and the People They Serve, 1999. 3 Burt, M., America 's Homeless JJ. 4 Ellen Bassuk, MD, L.F. Weinreb., MD, J.C. Buckern, PhD, A. Browne, PhD, Amy Salomon, PhD, S. Bassuk. "The Character- istics and Needs of Sheltered Homeless and Low-Income Housed Mothers." The Journal of the American Medical Association, August 28,1996, Vol. 276, pp. 640-646. 5 Rog, D.J. and Gutman, M., The Homeless Families Program: A Summary of Key Findings. In S. L. Isaacs & J.R. Knickman (eds) To Improve Health and Health Care: The Robert Wood Johnson Foundation Anthology. San Francisco: Jossey-Bass Publishers, 1997. 6 Homelessness: Programs and People They Serve. 7 Culhane, et aI, 1999. 8 Homelessness: Programs and People They Serve. 9 Ringwalt, c.L., Green, J.M., Robertson, M. & McPheeters, M. The Prevalence of Homelessness Among Adolescents in the United States. American Journal of Public Health, 1998. In Demographics and Geography: Estimating Need, Martha R. Burt, Ph.D., Practical Lessons: The 1998 National Symposium on Homelessness Research, U.S. Department of Housing and Urban Development, U.S. Department of Health and Human Services, August 1999. 10 Sherwood, Kay E. Connecticut Supportive Housing Demonstration Prgram: Prgram Evaluation Report. University ofPennsyl- vania Health Systems. Philadelphia, PA, 1999. 11 Salit S.A., Kuhn E.M., Hartz AJ., Vu J.M., Mosso A.L. Hospitalization costs associated with homelessness in New York City. New England Journal of Medicine 1998; 338: 1734-1740. 12 Martell J.V., Seitz R.S., Harada J.K., Kobayashi J., Sasaki V.K., Wong C. Hospitalization in an urban homeless population: the Honolulu Urban Homeless Project. Annals of Internal Medicine 1992; 116:299-303. 13 Rosenheck, R., Bassuk, E., Salomon, A., Special Populations of Homeless Americans, Practical Lessons: The 1998 National Symposium on Homelessness Research, US Department of Housing and Urban Development, US Department of Health and Human Services, August, 1999. 14 From the website of the National Law Center on Homelessness and Poverty, May 8, 2000. 15 Diamond, Pamela and Steven 8. Schneed, Lives in the Shadows: Some of the Costs and Consequences of a "Non-System" of Care. Hogg Foundation for Mental Health, University of Texas, Austin, TX, 1991. 16 Slevin, Peter, Life After Prison: Lack of Services Has High Price. The Washington Post, April 24, 2000. 17 Office of Policy Development and Research, U.S. Department of Housing and Urban Development, Evaluation of the Emer- gency Shelter Grants Program, Volume 1: Findings September 1994. p 91. 18 Rafferty, Yvonne The Legal Rights and Educational Problems of Homeless Children and Youth pp 42-45. As reported on the website of the National Law Center on Homelessness and Poverty, May 8,2000. 19 Homelessness: Coordination and Evaluation of Programs Are Essential. Report to Congressional Committees, United States General Accounting Office, February, 1999. 20 Culhane, D.P., Metraux, S. and Wachter, S.M., Homelessness and the Provision of Public Shelter in New York City. In M. 21 Schill (ed.). Housing in New York City, SUNY Press, 1999. 22 Extrapolated from Homelessness: Programs and the People They Serve. Findings of the National Survey of Homeless Assis- tance Providers and Clients. Highlights. Interagency Council on the Homeless, December, 1999. and America's Homeless 11: Populations and Services. February 1, 2000. Urban Institute, Washington, DC. Paper by Dr. Martha Burt. The latter is an analysis of the data in the former. 23 Burt (2000) estimates between 2.2 and 3.5 million people homeless over the course of a year. We use the midpoint. 24 Culhane et aI, 1999. 25 Culhane et aI, 1999. 26 These units are, on the whole, subject to refunding every 3, 5 or 10 years, depending on the program. Because of the extraordi- nary process required to renew these units, relative to how most housing subsidy is renewed, units may be lost. 27 This figure is based on the convergence of several estimates. The average cost of a HUD funded SRO unit is approximately $6,000. The average cost of other tenant and project based housing that HUD subsidizes is $7,000 to $10,000. The operating cost of public housing managed is approximately $4,500, and the amortized cost of construction (principal and interest) for an average rental unit is approximately $4,500 for a total of $9,000. 28 This assumes that 50% of units would be newly constructed at $100,000 per unit, 25% of units would be acquired and rehabili- tated at $55,000 per unit, and 25% of units would be acquired at $50,000 per unit. 15 ,. I Endnotes 29 "Rental Housing Assistance - The Worsening Crisis: A Report to Congress on Worst Case Housing Needs." U.S. Department of Housing and Urban Development, Office of Policy Development and Research, March 2000. 30 In Search of Shelter: The Growing Shortage of Affordable Rental Housing. Center on Budget and Policy Priorities, W ashing- ton, DC. June 1998/ 31 Ibid. 32 "The State ofthe Nation's Housing." Joint Center for Housing Studies of Harvard University, 1999. 33 "Rental Housing Assistance - the Worsening Crisis," op cit. 34 Dolbeare, Cushing, "Out of Reach: The Gap Between Housing Costs and Income of Poor People in the United States." Na- tional Low Income Housing Coalition, Washington, DC, September, 1999. 35 All statistics are from analysis by the Economic Policy Institute of Census Bureau Data. Available through the Economic Pol- icy Institute web site at www.epinet.org. 36 "Average Incomes ofYery Poor Families Fell During Early Years of Welfare Reform, Study Finds." Press Release, Center on Budget and Policy Priorities, August 22, 1999. The study cited counts food stamps, housing subsidies, Earned Income Tax Credit and other such benefits as income, as well as conventional earnings. 37 Robert Anderson, National Association of State Alcohol and Drug Abuse Directors, Testimony before the Subcommittee on Health and the Environment, Committee on Commerce, U.S. House of Representatives, August, 1999. 38 U.S. Department of Health and Human Services, Administration for Children and Families, Access to Child Care for Low- Income Working Families (Washington, D.C.: U.S. DHHS, October 19, 1999). 16 CITY OF ASHLAND Council Communication Council Discussion of Concepts for Proposed Agreement between Ashland Public Schools and Parks and Recreation Department for School Grounds Maintenance Meeting Date: November 21,2006 Department: Administration ~ Contributing Departments: iI Approval: Martha Benne Estimated Time: 15 minutes Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm@ashland.or.us Statement: The City Council should discuss the terms of a conceptual agreement for the Parks and Recreation Department to assume maintenance of School Grounds throughout Ashland. If Council agrees with the terms, then the appropriate contracts will be prepared. Staff Recommendation: Staff recommends that Council agree with the concepts in the attached document, except for having the City pay for water at Briscoe and Lincoln Schools. If the Council wishes to pay for water, it needs to identify an appropriate funding source, which is likely the general fund. Background: After the October 5, 2006 meeting of the three boards, staff from each agency met to discuss how we would implement the two changes that were discussed at the joint meeting: . Altering the allocation of the Youth Activities Levy distribution between Parks and the School District to ensure that the Levy complies with the recent Oregon Supreme Court Ruling on the Eugene Levy. . Creating a new agreement so that the Parks Department resumes maintenance of the school grounds. This discussion is for the second of these two changes. Attached to this memo is a list of key terms for an agreement. Staff agrees with all of these except for the provision that the City pay for water at the two schools. The City Water Department cannot give away water. The only other easily identifiable source of funds for maintaining the grounds at Briscoe and Lincoln is the General Fund. Both the Parks Commission and the School District have requested that the City pay for water. Because the School District must give notice of termination of their contract with Jackson County by December 1 for the new agreement to go into effect on January 1, Council needs to discuss this item on November 21. Council agreement is desired because the Council will need to take implementing actions (such as a supplemental budget change for Parks and Recreation.) to implement this change. Related City Policies: r~' The City of Ashland has transferred funds from general City operations to the Parks and Recreation Fund for maintenance of the recreational areas (sports fields and playgrounds) in three previous fiscal years. Fiscal Year Amount Where transfer FY 2002-2002 $205,000 From Central Services Fund to Parks and Recreation FY 2003-2004 $133,000 From General Fund to Parks and Recreation FY 2004-2005 $43,333 From General Fund to Parks and Recreation The City of Ashland has not made additional transfers in FY 2006 or in FY 2007. Council Options Council can agree with the staff recommendation, and the appropriate contracts will be prepared. Council can agree with the concept paper as drafted Council can provide different direction to staff. Council Attachments: Conceptual agreement r., '" I Inter Governmental Agreement Ashland Parks and Recreation and Ashland School District and City of Ashland Facilities Maintenance Agreement It is recognized that the Ashland Parks and Recreation Department has the expertise, experience and equipment to perform outdoor facilities maintenance functions on behalf of the Ashland School District. Further it is recognized that the historic performance of such functions is of the quality that is desired by the Ashland School District. Further, it is recognized that the Ashland School District has indoor facilities that could benefit the Ashland Parks and Recreation Departments mission of providing recreational services to the citizens of Ashland. Also, Ashland School District, The City of Ashland, and Ashland Parks and Recreation have an Intergovernmental Agreement in force that specifies the relationship of the Ashland Youth Activities Levy (Y AL). The Y AL may be non-compliant with the State of Oregon Constitution as interpreted by recent court action and require amending of the IGA to return it to compliance. Therefore, this IGA will work in concert with and is contingent upon, an amended Y AL IGA. The two IGA's shall define the distribution of funds between the Parks and Recreation Department and the School District. They will also define the relationship for maintenance of both recreational and nonrecreational outdoor facilities of the school district along with use of indoor facilities owned and operated by the school District but used by the Parks and Recreation Department. DEFINITIONS: School owned and operated outdoor recreational areas shall be defined as: Playgrounds play equipment, sports fields, amphitheaters, walking tracks, and picnic areas. Nonrecreational areas owned by the School District and maintained by parks and recreation in accordance with this IGA will include: parking lots, landscape areas around buildings, and ornamental areas. A sketch of each facility owned by the schools will be attached to this agreement defining each type of area. Indoor school owned and operated recreational areas that shall be available to parks and recreation use in accordance with this IGA will include: Gyms, classrooms, band rooms, cafeterias, auditoriums, theaters, set shops, wood shops, and automotive shops. Hallways, vestibules and restrooms will also be made available in support of these facilities. CONDITIONS: The conditions of this agreement shall contain the following: 1. The IGA stipulating the use and split of the Y AL be brought into compliance with state law. 2. Parks and Recreation shall assume responsibilities for maintaining the outdoor facilities as defined in the above section and in accordance with the attached sketches of each facility beginning on January 1, 2007. This agreement shall remain in force until January 1 2012 unless modified by mutual consent or discontinued in accordance with this agreement. 3. Each party may discontinue this agreement with a 90 calendar day notice. 4. The cost of maintenance of outdoor facilities shall be determined by the Parks and Recreation Department and shall not include administrative overhead. It will be the responsibility of the Parks department to establish that initial fee and that fee will be limited to increase by no more than the West Coast CPI as defined in February of each year. The minimum annual increase shall be no less than 3% and the maximum increase shall be no more than 8%. 5. The cost per year is to be based on $140,000 per year as determined by Parks and Recreation, and prorated for the first 6 months of the agreement. It will increase by the West Coast CPI based on February of each year and implemented on July 1 of each subsequent year. This shall be held with the confines of the minimum and maximum increase as identified above. 6. Parks and Recreation shall track the cost of maintenance for all 5 years of the agreement, but shall not bill the school district for the first 18 months of this agreement. Billing of the school district shall take effect on July 1, 2008 and shall be distributed on a quarterly basis. 7. Parks and recreation shall honor all maintenance policies established by the school district as of November 7, 2006. New maintenance policies enacted by the schools shall be jointly approved by the commission and the school board prior to the department honoring those policies. 8. Maintenance activities such as mowing, trimming, weed and vegetative control, pruning, playground equipment inspection, litter removal, irrigation repair and operation, and fertilizing are implied and included within this IGA. 9. Special projects such as construction, equipment replacement, or facility rehabilitation shall be charged on a time and materials basis with no administrative overhead included. 10. The city shall pay the schools the equivalent amount as the external water bill for the Briscoe and Lincoln school sites on an annual basis commencing on June 30, 2006 and concluding on June 30, 2012. 11. The City and Parks and Recreation shall be a first priority user of the indoor facilities as defined above. 12. Indoor facility use request should be made no later than 2 weeks prior to scheduled need and shall not be denied without do reason. 13. Indoor facility use shall be free on Monday - Friday between 3 pm and 11 pm. Facility use shall be billed on weekends, holidays, and after 11 pm on Monday - Friday at a rate of 1.5 times custodial pay plus utilities. 14. Any dispute between parties of this agreement shall be rectified through discussion by all three parties of the agreement. Failure to resolve a dispute in this manner will then be resolved by a mediator with all parities to the dispute agreeing on the mediator and splitting the cost of the mediator in an equal fashion. 15. Points of contact for this agreement shall be the highest appointed employee of each jurisdiction. 16. All modifications to this agreement or any further interpretations of this agreement shall be done in written format and adopted as an amendment to the agreement. CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS -p--I Meeting Date: November 21,2006 Primary Staff Contact: Mike Franell, 488-53501/; . Department: Legal franellm@ashland.or.us ' ' Contributing Departments: Finance Secondary Staff Contact: Kari Olson, 552-2290 Approval: Martha Bennet olsonk(a'ashland.or.us Statement: This ordinance revises chapter 2. of the municipal code to simplify the process for the selection of personal services contractors and to more closely track the limitations for public contracting recently adopted in the revisions to chapter 2.50. The revisions add two exemptions from competitive selection for sole source contractors and emergency contracts and raise the limit for selections using competitive quotes from $25,000 to $50,000. The revisions also make the selection of architects, engineers and surveyors subject to the same rules as other personal services contractors. Background: Prior to the complete overhaul ofthe public contracting laws by the legislature in 2003, the rules governing the selection of personal services contractors were adopted by council resolution. In 2005, chapter 2.52 of the municipal code was completely rewritten to incorporate into ordinance form those rules as well as to update the rules to comply with the new legislation. Chapter 2.52 is being revised at this time to further update the selection rules and to make them more consistent with the competitive bidding rules adopted in chapter 2.50. Related City Policies The city for several decades has utilized a policy of competitive selection for public contracting and for personal services contracting. As noted above, the existing policies are embodied in chapters 2.50 and 2.52 of the municipal code. In addition the Department of Finance and Administrative Services, Purchasing Division, augments the above policies and rules with its Accounts Payable and Purchasing Procedures. Staff Recommendation: Adopt the amendments Potential Motions: Move to second reading An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts Attachment: An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts 1 ~~, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.52 of the Ashland Municipal Code is amended as follows: Sections: 2.52.010 2.52.020 2.52.040 2.52.050 2.52.060 2.52.070 2.52.080 2.52.090 Chapter 2.52 PERSONAL SERVICES CONTRACTS Definitions. Purpose. Rules and Procedure Formal Competitive Selection Procedures-Exemptions. Screening Criteria. Selection Process. Repealed by 2917 Repealed by 2917 Section 2.52.010 Definitions. The definitions set forth in Ashland Municipal Code Section 2.50.010 are incorporated into this chapter as though fully set forth in this section. Personal Service Contract: A personal service contract is a contract primarily for the provision of services that requires specialized, technical, creative, professional or communicative skills, talents, unique or specialized knowledge, or the exercise of discretionary judgment skills, and for which the quality of service depends on attributes that are unique to the service provider. Such services include, but are not limited to, architectures, engineers, land surveyors and related services as defined in ORS 279C.120(6), accountants, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, and consultants. The Public Contracting Officer, the City Administrator or their designee shall have the discretion to determine whether a particular type of contract or services falls within the category of personal services. (Ord 2917, Amended, 03/01/2005) Section 2.52.020 Purpose. Personal service contracts will be used to retain the services of independent contractors. Nothing in this section shall apply to the employment of regular city employees. (Ord 2917, Amended, 03/01/2005) 2.52.040 Rules and Procedure. Personal service contracts are subject to the rules established by this section: A. All personal service contracts shall contain the provisions set forth in Exhibit A of AMC 2.50 as well as any others required by federal or state law or the Ashland Municipal Code. B. All personal service contracts shall be signed by both parties before any work or service may commence. C. Personal service contract proposals may be modified or withdrawn at any time prior to the conclusion of discussions with an offeror. D. The Purchasing Agent shall establish internal procedures for the review, 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. E. For personal service contracts that are anticipated to cost in excess of $5,000, 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 implement, a written plan for utilizing such services which will be included in the contractual statement of work. (Ord 2917, Amended 03/01/05) Section 2.52.050 Formal Competitive Selection Procedures-Exemptions. All personal service contracts shall undergo a screening and selection process as outlined below except for these types: A. The contract has a total value of less than $5,000 provided it is memorialized by a formal purchase order. A personal service contract awarded under this section may be amended to exceed $5,000 only upon approval of the Public Contracting Officer, and in no case may exceed $6,000. A personal service contract may not be artificially divided or fragmented. 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 (25%) 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 Department Head finds, in writing and at his or her discretion, 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 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. F. The contract is for an emergency as defined in AMC 2.50.080 and the procurement procedure set forth in AMC 2.50.080 is complied with for awarding an emergency contract. (Ord 2917, Amended, 03/01/05) Section 2.52.060 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, where applicable. D. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable. E. Cost of the services. F. Any other factors relevant to the particular contract. (Ord 2917, Amended, 03/01/2005) Section 2.52.070 Selection Process. The following rules shall be followed in selecting a contractor for personal services: A. For personal service contracts that exceed $5,000, but do not exceed $50,000, at least three competitive written proposals from prospective 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. The Department Head for the department that needs the services shall award the contract to the prospective consultant whose 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 make written findings justifying the basis for the award and retain such records as required by AMC 2.50.110. C. For personal service contracts that will cost $50,000 or more, the Department Head shall award the contract based on AMC 2.50.090. D. The City official conducting the selection of a personal service contact shall negotiate a contract with the best qualified offeror for the required services at a compensation determined in writing to be fair and reasonable. (Ord 2917, Amended, 03/01/2005) Section 2.52.080 Section 2.52.090 Repealed by 2917 Repealed by 2917 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Reviewed ;~~ to)OJ(: r/-''o j ~ ' / . // 1./ . /- ..~ ~ (1Chael\ . F;fanell, City Attorney CITY OF ASHLAND Council Communication Meeting Date: 11/21/06 Department: Legal Contributing Departments: Finance and Approval: Martha Benne Revisions to LCRB Prim"'Y Staff Conta,,, Mike hanoll, 488-5350 ;:fi; ~ franellm@ashland.or.us /7'1 ic Works Secondary Staff Contact: Kari Olson . Statement: The revisions to Ashland Municipal Code Chapter 2.50 better organize and make more efficient the procurement process. They also help clarify roles of various municipal personnel involved in the procurement process. Finally, the revisions track with the "minimum set of rules needed to exercise all Code authority and to comply with all Code requirements" as delineated in Barbara Novak's article, Local Rules Under the 2003 Public Contracting Code, attached as Exhibit A. Background: There are five areas which differ significantly from the current AMC 2.50. One is that the delegation of authority is specified. Two is that the role of legal counsel in approving a contract is explained. A common question is what "approved as to form" means. The inclusion of this definition clarifies its meaning. Three is adding more checks and balances to the public contracting officer's authority to sign contracts without prior Council approval. The dollar amount is at $75,000. This amount is less than what the state of Oregon permits, which is up to $150,000. In consultation with Kari Olson and Dawn Lamb, the two primary municipal procurement officers, the limit of$75,000 allows them the ability to conduct business in a timely manner. Any amount less than $75,000 hamstrings their ability to successfully complete procurement transactions and creates bottlenecks for the City. Additional checks and balances for when the public contracting officer can sign a contract up to $75,000 are that (i) the contract cannot exceed twenty four months, (ii) the contract can be terminated by the City for convenience 30 or fewer days, (iii) funds are budgeted for the purpose of the contract, (iv) the contract as approved as to form by Legal Counse1- or is exempt - and (v) all other requirements for public contract code procurement have been satisfied. A fourth area is that Exhibit A is attached. Exhibit A lists mandatory provisions that must be in all public contracts. It also suggests certain additional contract provisions be uniformly included in all public contracts. Finally, the revisions include Exhibit B. This exhibit contains the rules and procedures for disposing of surplus property. It is in response to ORS 279A.185. 1 ~~, At the First reading on July 18, 2006, the Council made several amendments to the proposed ordinance. These have all been incorporated into the proposed ordinance for consideration on second reading. Second reading has been held until we had completed first reading on the ordinance amending AMC 2.52 because some holes would have been created had the ordinance amending AMC 2.50 passed without also passing the ordinance amending AMC 2.52. Related City Policies: City of Salem: PCR 1.4: Signature and Rulemaking Authority. (a) The City Manager, or in the absence of the City Manager, the Acting City Manager, is authorized to execute any contract, change order or contract amendment. The City Manager may provide, in writing, for sub-delegation of this authority for any contract with a contract price ofless than $250,000, and any change order or contract amendment. (b) The City Manager may adopt additional administrative rules necessary to carry out the provisions of these rules, including, but not limited to rules establishing or limiting the delegation of authority and rules establishing fees and charges for the receipt of copies of solicitation documents and other documents related to contracting under the Public Contracting Code and these rules. City of Portland: A. For Contracts covered by PCC Chapters 5.33 and 5.34, and for revenue producing Contracts, the Purchasing Agent is authorized to: 1. Advertise for Bids or Proposals for Goods and Services without specific authorization from City Council, when the proposed purchase is included within the current fiscal year budget. 2. Award and execute Contracts for the purchase or lease of Goods and Services, and revenue producing services, without specific authorization by ordinance of City Council whenever the Contract Amount is $500,000 or less. 3. Award and execute Price Agreements for the purchase or lease of Goods and Services, including revenue producing services, ifthe yearly estimated cost to the City, or the yearly estimated revenue or value is $500,000 or less. 4. Recommend the Award of a Contract for Goods and Services, including revenue producing services by a report to City Council for Contracts in excess of $500,000. If the City Council adopts the recommendation, it shall approve the Award by ordinance. ORS 279B.070: 279B.070 Intermediate procurements. (1) Any procurement of goods or services exceeding $5,000 but not exceeding $150,000 may be awarded in accordance with intermediate procurement procedures. A contract awarded under this section may be amended to exceed $150,000 only in accordance with rules adopted under ORS 279A.065. (2) A procurement may not be artificially divided or fragmented so as to constitute an intermediate procurement under this section. (3) When con~ucting an intermediate procurement, a contracting agency shall seek at least three informally solicited competitive price quotes or competitive proposals from prospective contractors. The contracting agency shall keep a written record of the sources of the quotes or proposals received. If three quotes or proposals are not reasonably available, fewer will suffice, but the contracting agency shall make a written record ofthe effort made to obtain the quotes or proposals. 2 CITY OF ASHLAND (4) If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. SECTION 1. {+ (1) A public servant or the public servant's employer may petition a circuit court for an order enjoining a person who engages in conduct that: (a) Is directed at the public servant; (b) Relates to the public servant's employment or the public servant's status as an elected or appointed public servant; and (c) Constitutes any of the following crimes: (A) Obstructing governmental or judicial administration under ORS 162.235. (B) Assault under ORS 163.160, 163.165, 163.175 or 163.185. (C) Menacing under ORS 163.190. (D) Criminal trespass in the first degree under ORS 164.255. (E) Disorderly conduct under ORS 166.025. (F) Harassment under ORS 166.065. (8) Telephonic harassment under ORS 166.090. (2) The petitioner has the burden of proof by a preponderance of the evidence under subsection (1) of this section. An order issued under this section is valid for one year after entry in the register of the court or until vacated by the court, whichever occurs first. (3) Contempt proceedings against a person who violates an order issued by a circuit court under subsection (1) of this section shall be as provided in ORS 33.055 or 33.065. (4) As used in this section, 'public servant' has the meaning given that term in ORS 162.005. + } SECTION 2. {+ (1) A person against whom an order is issued under section 1 of this 2005 Act may file a request for hearing with the court that issued the order within 30 days after the order is served on the person. A request under this section shall be in writing, shall be signed by the person and shall include the printed name, telephone number and mailing address of the person. (2) Upon the filing of a request under this section, the clerk of the court shall mail a copy of the request to the petitioner in the matter and shall notify the petitioner and the person filing the request of the date and time set for the hearing. + } Ashland City Charter Article 2, Section: The Charter shall be liberally construed to the end that the City shall have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the State Constitution. Staff Recommendation: Adopt the revisions. Potential Motions: 3 ~j.' I move the Council adopt an Ordinance Replacing Chapter 2.50 of The Ashland Municipal Code Relating to Rules of Procedure for Public Contracting on second reading by title only. Attachments: Amended Ordinance 4 ORDINANCE NO. AN ORDINANCE REPLACING CHAPTER 2.50 OF THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PUBLIC CONTRACTING THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Chapter 2.50 of the Ashland Municipal Code is replaced in its entirety with the following chapter: Sections: 2.50.005 2.50.010 2.50.015 2.50.020 2.50.025 2.50.070 2.50.075 2.50.080 2.50.085 2.50.090 2.50.095 2.50.100 2.50.105 2.50.110 2.50.115 2.50.120 2.50.125 Chapter 2.50 LOCAL CONTRACT REVIEW BOARD RULES Introduction. Definitions. Authority. Public Contracting Officer's Authority. Procedure for Review by legal Counsel. Procedure for Competitive Bids. Sole Source. Emergency Contracts. Special Procurements/Alternative Contracting Methods for Public Improvements. Procedure for Requests for Proposals for Goods and Services and for Public Improvements. Prequalification [ORS 279C.430]. Protests of Procurement Process, Solicitation Document and Award (279B.400, 279B.405, 279B.410]. Correction and Withdrawal of Bids [ORS 279B.055(7)]. Record Keeping. Transfer, Sale, or Disposal of Personal Property [279A.185] Advertising Requirement for Competitive Sealed Bidding or Proposals and Notice of Intent to Award [ORS 279B.055( 4), 279B.135, 279C.360, 279C.410]. Negotiation When Bids for Public Improvements Exceed Budget [ORS 279C.340]. EXHIBIT A EXHIBIT B - CITY OF ASHLAND SURPLUS PROPERTY DISPOSAL ADMINISTRATIVE RULES & PROCEDURES Section 2.50.005 Introduction A. Purpose. These Rules are promulgated by the City of Ashland Local Contract Review Board under authority granted by ORS 279A.025 and 279C.335, 279A.060 and 279A.065, and Ordinance No. to establish a procedure to assure that PAGE 1-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\legaI\Office\ORD\PlPublic Contracting Ord 0706.wpd each contract to which the City is a party has met state and city competitive bidding and other purchasing requirements. B. Authority. Most of the model public contract rules promulgated by the Attorney General apply to the City of Ashland including OAR Chapter 137, Divisions 46, 47, 48 and 49. Pursuant to ORS 279A.065, however, the Council elects to establish some of its own rules of procedure for public contracts as set forth herein. C. Findings. [ORS 279C.335(2)]. The exemption of certain contracts or classes of contracts from formal competitive bidding as set forth in these Rules are either expressly authorized by stat~ law or will not encourage favoritism in public contracts or substantially diminish competition for public contracts and will result in substantial cost savings to the City because: i. The nature of the particular classes of contracts exempted makes competitive bidding pointless or not cost effective in such cases; ii. Each exemption requires alternative contracting procedures which will ensure reasonable competition and the best contract price for the public. D. Scope. These rules set forth herein apply to goods and services and public improvement contracts. Contracts for personal services, including architect and engineering contracts are governed by AMC 2.52, infra. E. Applicability of City Charter. Notwithstanding Article Eleven, section 4, of the Ashland City Charter, bids may be published through electronic means and may be advertised in a newspaper of circulation published statewide. Notwithstanding the same provision, Council may delegate approval of plans and specifications to appropriate staff. Section 2.50.010 Definitions The words and phrases set forth in ORS 279A.010 and OAR 137-046-0110 are incorporated herein. Additionally, the following words and phrases mean: A. Agency: City of Ashland, its Public Contracting Officer or its department seeking procurement. B. Aooroved as to form. Legal Counsel's designation that a public contract on its face is legal, valid and binding. The designation is not a guaranty or a warranty the contract is in the City of Ashland's best interests or eliminates exposure to personal liability. C. Council: The Local Contract Review Board for the City of Ashland, which is comprised of the City Council of the City of Ashland. D. Legal Counsel: Either City of Ashland legal counselor another attorney designated by City of Ashland legal counsel. E. Standard Contract: A contract form that has previously been approved as to form by PAGE 2-ORDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\Office\ORD\P\Public Contracting Ord 0706.wpd Legal Counselor already approved as a City of Ashland purchasing form. F. Intermediate Procurement. A procurement of goods or service between $5,000 and $75,000. G. Public Contractinq Officer. The City's Finance Director, or his or her designee, including the City Administrator. Section 2.50.015 Authority Unless otherwise expressly authorized by these Rules or by ordinance or order of the Council, all contracts must be approved by the Council before they can be executed. The Council gives its approval through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the contracting Department to execute the contract. The Council may also execute contracts itself. Section 2.50.020 Public Contracting Officer's Authority A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: i. The contract has a total value of seventy-five thousand dollars ($75,000) or less; ii. The contract does not exceed a twenty-four month contract period; III. The contract provides that the contract may be terminated by the City for convenience thirty (30) or fewer days following delivery of written notice to the contractor; IV. Funds are budgeted for the purpose of the contract; v. The contract has been approved as to form by Legal Counsel unless it meets one of the exemptions set forth below; in Section 2.50.025, and, vi. All other requirements for public contract code procurement have been satisfied. B. Delegation of Authority. The Council may, by resolution, delegate authority to the Public Contracting Officer to execute any other contract upon the following conditions: i. The original contract has been approved by Legal Counsel, or is otherwise exempt. it If an amendment or change order, the total aggregate cost change does not exceed 35 percent (35%) of the original contract amount. iii. Any applicable performance or payment bonds and insurance coverages are adjusted to account for the change in the contract amount. C. Delegation of Authority for Short Term Contract. Pursuant to the Public Contracting Officer's authority granted in this section the Public Contracting Officer may delegate authority to execute: i. a contract that is for 72 hours or less and meets the requirements in PAGE 3-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\Office\ORD\P\Public Contracting Ord 0706.wpd Section 2.50.020(A) above. ii. change orders or amendments provided the need for the change order or amendment is a result of an unanticipated event and the authorized work is within the scope of work as originally contracted for by the parties. D. Delegation to Contract in Emergency. Pursuant to ORS 279B.080, the Public Contracting Officer is granted authority to make procurements of goods and services in an emergency pursuant to the procedure set forth in ORS 2798.080 and Section 2.50.080 herein. E. Delegation to Declare Sole Source Procurements. The appropriate department head is granted authority to determine that the goods or services, or class of goods or services, are available only from one source in accordance with Section 2.50.075 and ORS 279B.075. F. Delegation to adopt forms and procurement procedures. The Public Contracting Officer or his or her delegatee is granted authority to: i. Adopt forms, computer software, procedures and administrative policies for all City purchases consistent with the Ashland Municipal Code. ii. Require all contracting by departments to conform to approved City purchasing policies adopted by the Public Contracting Officer or his or her delegate or the Local Contract Review Board. iii. Require each department to plan purchase requirements in advance so that orders can be placed in economical quantities. Section 2.50.025 Procedure for Review by Legal Counsel. All public contracts must be reviewed by Legal Counsel unless otherwise exempt or the Council approves of the contract. A. Procedure. The Public Contracting Officer or his or her designee, or the contracting Department shall submit a completed contract checklist along with a completed contract with all referenced exhibits. Legal Counsel, after reviewing the contract, shall stamp the contract "Approved as to Form" or not stamp it and provide an oral or written explanation of the problems with it if not approved as to form. In approving a contract, Legal Counsel assumes the Public Contracting Officer or his or her designee or the contracting Department has complied with all applicable public contract code requirements. It will not undertake an independent inquiry for compliance. If Legal Counsel does not approve a contract, the Public Contracting Officer or his or her designee or the contracting department may revise the contract to obtain approval or submit it to City Council for its approval. B. Exemption from Review. Legal counsel review is not required in the following circumstances: 1. The contract is for 72 hours or less, 2. The contract is a federal or state grant; 3. The contract falls within one or more of the categories set forth in OAR 137-045-0050 and OAR 137-045-0055 and any amendments thereto. PAGE 4-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\OfflCe\ORD\P\Public Contracting Ord 0706.wpd 4. The total contract amount is less than $25,000. 5. The contract contains the provisions, as appropriate, as set forth in Exhibit A, attached. Section 2.50.070 Procedure for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following: A. Contracts listed in ORS 279A.025(2). B. Purchases through federal programs as set forth in ORS 279A.180. C. Small procurements as set forth "in ORS 279B.065. D. Intermediate procurements as defined herein and set forth in ORS 279B .070. E. Sole source procurements as set forth in ORS 279B.075 and herein. F. Emergency procurements as set forth in ORS 279B.080 and herein. G. Special procurements as set forth ORS 2798.085 and herein. H Alternative contracting methods as set forth in ORS 279C.335 and herein. I. Contracts which are exclusively for personal services. Such contracts may include incidental materials such as written reports or opinions, architectural or engineering renderings and other supplemental materials required for providing the services. [279B.050( 4)] J. A contract or class of contracts, and amendments to contracts specified below, provided the Public Contracting Officer, his or her designee or the contracting Department identifies the ~asis for the exemption. In circumstances where the basis for the exemption is not readily apparent, the Public Contracting Officer, his or her designee or the contracting Department shall consult with Legal Counsel. Where appropriate, alternative contracting and purchasing practices that take account of market realities and modem or innovative contracting and purchasing methods, which are consistent with the public policy of encouraging competition, shall be used. (1) Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded so long as the price of the materials is the same or lower than that in the original contract. (2) Contracts for licenses and maintenance of computer hardware, computer PAGE 5-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\Office\ORDIP\Public Contracting Ord 0706.wpd software, and telecommunications products (including cable, video and television products ). (3) Contracts for the purchase of services, equipment or supplies for the maintenance, repair or conversion of existing equipment are exempt if required for the efficient utilization of the equipment. Where practicable in the judgment of the department head, competitive quotes shall be obtained. (4) Contracts for the purchase of food or food supplies. (5) Purchase of items or services of an artistic nature. (6) Contracts for periodicals, including journals, magazines, and similar publications. (7) Contracts for the purchase or lease of ballots, ballot pages and ballot cards or equipment necessary to conduct elections. (8) Contracts for removal, cleanup or transport of hazardous materials. As used in this Subsection, "hazardous materials" include any material or substance which may pose a present or future threat to human health or the environment, including Hazardous Waste as that term is used in the Resources Conservation and Recovery Act (42 USC 6901 et seq.). (9) Contracts for purchase or lease of office photocopiers. (10) Contracts for purchase of used motor v~!Jjfles, including but not limited to used heavy construction equipment . L I (11) Contracts for the purchase of copyrighted materials. (12) Contracts for the purchase of advertising, including legal advertising intended for the purpose of giving public notice. (13) Contracts for the purchase of products, services or supplies that are exempted by the Treasury and Financial Department from documenting competitive quotes for individual contracts, upon consideration of cost savings and other factors. (14) Contracts for the purchase or sale of all utilities including, but not limited to, electric power, gas, water, sewage, internet, cemetery lots, cable and telecommunication services, ~ttdlny DlIAnd .r;8U~., and the sale of telecommunication materials or products or other services, materials or products traditionally provided by the City. (15) Contracts for the purchase of goods or services where the rate or price for - the goods or services being purchased is established by federal, state or local regulating authority. PAGE 6-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:lJegaI\OfflCe\ORD\P\Public Contracting Ord 0706.wpd (16) Contracts for the purchase of cable television programming for the Ashland Fiber Network cable television systems. (17) Any future or additional contract or class of contracts made exempt by the State, Department of Administrative Services or Council under 279A.025 and 279C.335. K. Additional Requirements for Exemption. Any contract exempted under this section shall additionally satisfy these criteria: (1) The performance bond requirements of ORS 279C.375 and 279C.380, unless an emergency exists as described in Section 2.50.080, below. (2) The construction and landscape contractor registration and requirements of ORS Chapter 671.630 et seq. and Chapter 701 ; (3) Any other law applicable to such a contract; and, (4) If the contract price exceeds $50,000, or the then current BOll contract amount, the City and the contractor shall comply with the prevailing wage provisions of ORS 279C.800 - 279C.870, to the extent BOll applies. Section 2.50.075 Sole Source The appropriate department head shall determine when there is only one seller or price of a product of the quality required available within a reasonable purchase area. To the extent reasonably practical, the appropriate department head shall negotiate with the sole source to obtain contract terms advantageous to the contracting agency. 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 an experimental project; or (4) Other findings that support the conclusion that ~he goods or services are available from only one source. Section 2.50.080 Emer~ency Contracts A. General Rule. A contract may also be exempted from Competitive Bidding and notice of intent to award requirements if preempted by federal law pertaining to emergencies as set forth in ORS 279A.030. A contract may also be exempted from Competitive Bidding and notice of intent to award requirements set forth in ORS 2798.135 and ORS 279C.410(7), if the Council, by a majority vote of members present, determines that emergency conditions require prompt execution of the contract. A determination of such an emergency shall be entered into the record of the meeting at which the determination is made as well as the method used for the selection of the particular contractor. The determination shall be made before any contract exempted hereunder is executed. If the matter is a Public Improvement, and the Council declares an PAGE 7-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\legaI\Office\ORD\P\Public Contracting Ord 0706.wpd emergency exists, any contract awarded under this subsection must be awarded within 60 days following declaration of the emergency, unless Council grants an extension. B. Emerqencv Exemption by Public Contractinq Officer or his or her Delegatee. A contract under $100,000 may also be exempted from Competitive Bidding and notice of intent to award requirements set forth in ORS 279B.135 and ORS 279C.410(7) if the Public Contracting Officer determines that emergency conditions require prompt execution of the contract. A determination of such an emergency shall be entered into the record of the acquisition of the materials or services purchased as well as the method used for the selection of the particular contractor. The determination shall be made before any contract exempted hereunder is executed. Pursuant to ORS 279C.380 and 390, the Public Contracting Officer may exempt the contract awarded in an emergency basis from the bid security and payment and performance bond requirements. Any amendment to an Emergency Contract shall only be approved of by a majority vote of the Council before any work in relation to the amendment commences. C. "Emerqency" Defined. As defined in ORS 279A.010, and for purposes of this Section, an "emergency" consists of circumstances creating a substantial risk of loss, damage, interruption of services or threat to public health, safety, welfare or property that could not have been reasonably foreseen and requires prompt execution of a contract to remedy the condition. Section 2.50.085 Special Procurements/Alternative Contracting Methods for Public Improvements. The Council may approve of special procurement or alternative contracting for public improvement methods pursuant to this Section. A. Special Procurements for Goods and Services: (1 ) To seek approval of a special procurement, the Public Contracting Officer, his or her designee, or the contracting Department shall submit a written request to the Council that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in this subsection. (2) The Council may approve a special procurement if it finds that a written request submitted under this subsection demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Public Contracting Officer, his or her designee, contracting Department or Council, will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b) Result in substantial cost savings to the City or to the public; or (c) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying PAGE 8-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\OfflCe\ORD\P\Public Contracting Ord 0706.wpd with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder. (3) Public notice of the approval process for a proposed special procurement must be given in the same manner as provided in ORS 279B.055 (4)(b). (4) If a contract is awarded through a special procurement, the City shall award the contract to the offeror whose offer the department determines in writing to be the most advantageous to the contracting agency. (5) . When the Council approves a class special procurement, as defined in ORS 2798.085, under this section, the City may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the Council's approval without making a subsequent request for a special procurement. B. Altemative Contracts For Public Improvements. The Public Contracting Officer, his or her designee or the contracting Department shall submit a written request to the Council that describes the proposed contracting procedure, the services to be acquired through the alternative contract for public improvements and the circumstances that justify the use of it under the standards set forth in the subsections, below. The Council shall make the following findings to approve of an Alternative Contract: (1) It is unlikely that the exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts; and (2) The awarding of public improvement contracts under the exemption will result in substantial cost savings to the contracting department or, if the contracts are for public improvements described in ORS 279A.050(3)(b), to the City or the public. In making the finding, the Council may consider the type, cost and amount of the contract, the number of persons available to bid and such other factors as may be deemed appropriate. (3) In granting exemptions under this subsection, the Council shall: (a) When appropriate, direct the use of alternate contracting methods that take account of market realities and modern practices and are consistent with the public policy of encouraging competition. (b) Require and approve or disapprove written findings by the contracting department that support the awarding of a particular public improvement contract or a class of public improvement contracts, without the competitive bidding requirement of subsection (1) of this section. The findings must show that the exemption of a contract or class of contracts complies with the requirements of subsection (2) of this section. (c) Before final adoption of the findings required by this section exempting a public improvement contract or a class of public PAGE 9-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\legaI\Office\ORDlPlPublic Contracting Ord 0706.wpd improvement contracts from the requirement of competitive bidding, the Council shall hold a public hearing. (d) Notification of the public hearing shall be published in at least one trade newspaper of general statewide circulation a minimum of 14 days before the hearing. (e) The notice shall state that the public hearing is for the purpose of taking comments on the Council's draft findings for an exemption from the competitive bidding requirement. At the time of the notice, copies of the draft findings shall be made available to the public. At the option of the Council the notice may describe the process by which the findings are finally adopted and may indicate the opportunity for any further public comment. (f) At the public hearing, the Council shall offer an opportunity for any interested party to appear and present comment. (g) If the Council is required to act promptly due to circumstances beyond the Council's control that do not constitute an emergency, notification of the public hearing may be published simultaneously with the Council's solicitation of contractors for the alternative public contracting method, as long as responses to the solicitation are due at least five days after the meeting and approval of the findings. Section 2.50.090. Procedure for Reauests for Proposals for Goods and Services and for Public Improvements A. General Rules for RFPs for procurement of Goods and Services and for Public Improvements (1) Procedures for Utilizing RFPs. The following procedures are to be employed when using an RFP, whether for Procurement or Public Improvement Contracts: (a) A cover page identifying the City of Ashland as the contracting agency. The cover page will also have the date the proposal was distributed and the due date. (b) The proposal is advertised and a written solicitation document is issued that invites the submission of sealed offers in accordance with ORS 2798.060 and 2798.055(4) (good and services) or ORS 279C.400 and 279C.405 (improvements). (c) Contractual requirements are clearly stated in the solicitation documents. (d) Evaluation criteria to be applied in awarding the contract and the role of an evaluation committee are stated clearly in the solicitation document. Criteria used to identify the proposal that best meets the City's needs may include but are not limited to cost, quality, service, compatibility, product reliability, operating efficiency and expansion potential; (e) The solicitation document clearly states all complaint processes PAGE 10-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\legaI\Office\ORD\P\Public Contracting Ord 0706.wpd and remedies available; (f) The solicitation document states the provision for proposers to comment on any specification they feel limits competition. (g) The Department shall prepare a proposal setting forth the minimum eligibility requirements and known criteria of selection such as experience, accreditation and cost. (h) The Department shall supply and require signature of a non-discrimination certificate pursuant to ORS 279A.11 O. (i) T~e Department shall forward the completed RFP to Legal Counsel for review when the contract amount is $75,000 or more before the Department releases it. Legal Counsel will supply the appropriate contract form. (j) The Department shall, depending upon the availability of qualified contractors, submit the proposal to at least three contractors. (k) The Department shall review all proposals submitted for consistency with the request, relative costs, and other relevant criteria of selection set forth on the proposal. The Department shall maintain in writing its evaluation of the proposals, which evaluations shall be considered public record. (I) Recommendation of contract awards will be prepared by the Department and forwarded to the Public Contracting Officer's Office for approval. (m) Selection of a contractor shall be made in accordance with the evaluation criteria and process set forth in the RFP and pursuant to ORS 2798.060 for goods and services and ORS 279C.400 - 410 for improvements. (n) Except for trade secrets and information submitted to the City in confidence under ORS 192.504(4), which the proposer has designated in its proposal, all information submitted shall be deemed public record, including prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment per OAR 137-049-0330 (2006). 8. Goods and Services Procurements: The RFP shall be conducted in accordance with ORS 2798.060. (1) Additional required information: (a) A procurement description; (b) A time, date and place that prequalification applications, if any, must be filed and the classes of work, if any, for which proposers must be prequalified in accordance with ORS 2798.120; (c) A statement that the department may cancel the procurement or reject any or all proposals in accordance with ORS 2798.100; (d) A statement that "Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document"; (e) A statement that requires the contractor or subcontractor to possess an asbestos abatement license, if required under ORS 468A.710; and PAGE 11-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\Office\ORD\P\Public Contracting On:! 0706.wpd (f) All contractual terms and conditions applicable to the procurement, including the length of the contract period, termination provisions and applicable forms, including a proposed contract. (2) Notice and Selection Procedures: (a) Public notice of the request for proposal shall be giyen in the same manner as provided for public notice of invitations to bid in ORS 279B.055 (4). (b) Notwithstanding ORS 192.410 to 192.505, proposals may be opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation, but the Department shall record and make available the identity of all proposers as part of the Department's public records from and after the opening of the proposals. Notwithstanding ORS 192.410 to 192.505, proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.610, does not make their con\ents subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals. (c) Notwithstanding any requirement to make proposals open to public inspection after the Department's issuance of notice of intent to award a contract, a Department may withhold from disclosure to the public materials included in a proposal that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502. C. Public Improvements: The Request for Proposal shall be conducted in accordance with ORS 279C.365 and ORS 279C.405. (1) Required information: (a) The public improvement project; (b) The office where the specifications for the project may be reviewed; (c) The date that prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be prequalified if prequalification is a requirement; (d) The date and time after which bids will not be received, which must be at least five days after the date of the last publication of the advertisement; (e) The name and title of the person designated for receipt of bids; (f) The date, time and place that the Department will publicly open the bids; (g) A statement that, if the contract is for a public works subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C. 276a), no bid will be received or considered by the Department unless the bid contains a statement by the bidder that ORS 279C.840 or 40 U.S.C. 276a will be complied with; PAGE 12-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\Office\ORD\P\Public Contracting Ord 0706.wpd (h) A statement that each bid must identify whether the bidder is a resident bidder, as defined in ORS 279A.120; (i) A statement that the Department may reject any bid not in compliance with all prescribed public contracting procedures and requirements and may reject for good cause all bids upon a finding of the Council that it is in the public interest to do so; U) Information addressing whether a contractor or subcontractor must be licensed under ORS 468A.720; (k) A statement that a bid for a public improvement contract may not be received or considered by the Department unless the bidder is licensed by the Construction Contractors Councilor the State Landscape Contractors Council. (I) All required contractual terms and conditions including the length of the contract period, termination provisions and applicable forms, including a proposed contract. (m) The method of contractor selection, which may include but is not limited to award without negotiation, negotiation with the highest ranked proposer, competitive negotiations, multiple-tiered competition designed either to identify a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers, or any combination of methods, as authorized or prescribed by rules adopted under ORS 279A.065. (n) All evaluation factors that will be considered by the Department when evaluating the proposals, including the relative importance of price and any other evaluation factors. (2) Format. [279C.365(2)]. All proposals made to the Department under ORS 279C.335 or .400 must be: (a) In writing; (b) Filed with the person designated for receipt of bids by the Department; and (c) Opened publicly by the Department immediately after the deadline for submission of bids. (d) After having been opened, the bids must be made available for public inspection. (e) A surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, cashier's check or certified check of each bidder shall be attached to all bids as bid security unless the contract for which a bid is submitted has been exempted from this requirement under ORS 279C.390. The security may not exceed 10 percent of the amount bid for the contract. 2.50.095 Prequalification [ORS 279C.430]. The type and nature of contracts to which a prequalification application can be made includes only Public Improvement Contracts and Public Works Contracts, as defined in ORS 279A - 279C. A. Process. Persons desiring to bid for contracts to perform public improvements where prequalification is determined "mandatory" by the Public Contracting PAGE 13-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\JegaI\Office\ORD\P\Public Contracting Ord 0706.wpd Officer shall submit a completed State of Oregon, Department of Administrative Services, Contractor's Prequalification Application to the Public Contracting Officer. The prequalification application shall be submitted, when required, at least ten days prior to the opening of bids of any contract for which the person desires to be considered. B. Applications. Applications for prequalification must be submitted on a standard form prescribed per ORS 279A.050. C. Determination: Validity. The Public Contracting Officer shall, within thirty days, if practical, of the receipt of the prequalification application submitted pursuant to this Section, notify the prospective bidder as to whether bidder is qualified, the nature and types of contracts that s/he is qualified to bid on, and the time period for which the prequalification is valid. Prequalifications under this Section shall be valid only until the end of the calendar year within which they are issued. The Public Contracting Officer will consider only the applicable standards of responsibility listed in ORS 279C.375(2)(b). D. Qualification Statement. Upon establishment of the applicant's prequalification, the Public Contracting Officer shall issue a qualification statement. The statement shall inform the applicant of any conditions which may be imposed on the qualification and advise the applicant to notify the City promptly if there has been any substantial change of conditions or circumstances which would make any statement contained in the prequalification application (a) no longer applicable, or (b) untrue. If the applicant desires to appeal the conditions of the prequalification, written notice must be give to the Public Contracting Officer within three business days after receipt of the notice. E. Adverse Determination. If the Public Contracting Officer does not qualify an applicant, written notice will be given to the applicant stating the reasons that prequalification has been denied. If the applicant desires to appeal the denial, written notice must be given to the Public Contracting Officer in accordance with section (d) above. [ORS 279C.445]. F. Revocation of PreQualification. If a Public Contracting Officer has reasonable cause to believe there is a substantial change in the conditions of a prequalified person, the Public Contracting Officer may revoke, revise or reissue the prequalification upon notice to the prospective bidder; provided, however, that such action shall be invalid as to any contract for which an advertisement for bids has already been made under ORS 279C.430. The notice shall state the reasons found under ORS 279C.375(2)(b) for revocation or revision of the prequalfication of the person and inform the person of the right to a hearing as set forth in ORS 279C.445 and ORS 279C.450. 2.50.100 Protests of Procurement Process. Solicitation Document and Award [2798.400.2798.405.2798.410] A. Time for Submission of Protest. Protests of the procurement process, bid specifications or awards shall be presented to the Public Contracting Officer in PAGE 14-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaIlOffice\ORDlP\Public Contracting Old 0706.wpd the following time and manner: (1) Protests as to the process or specification shall be received at the Public Contracting Officer's office no later than seven calendar days prior to bid closing. (2) Protests as to the process or specification shall be in writing and contain: (a) Sufficient information to identify the nature of the protest and bid to which the protest relates. (b) Grounds demonstrating how the procurement process is contrary to law or how the bid document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. (c) Evidence or supporting documentation that supports the grounds on which the protest is based; (d) The relief sought [ORS 279B.405(4)(d)]. (3) Protests as to the bid award shall contain and follow the requirements set forth in ORS 279B.410 and be received at the Public Contracting Officer's office within three (3) business days from the date of the award of the public contract or the date of the notice of intent to award a public contract, whichever occurs first. B. Untimelv submission: Protests which are not in writing, do not contain the necessary information listed above or are filed after the deadline shall not be considered. C. Extension of Bid Closing. If a procurement process or bid specification protest is timely presented, the bid opening date may be extended if necessary to allow consideration of the protest and issuance of any addendum. 2.50.105 Correction and Withdrawal of Bids [ORS 279B.055(7)] Rules adopted under ORS 279A.065 shall provide for and regulate the correction and withdrawal of bids before and after bid opening and the cancellation of awards or contracts based on bid mistakes. After bid opening, changes in bids prejudicial to the interests of the public or fair competition are not permitted. All decisions to permit the correction or withdrawal of bids, or to cancel an award or a contract based on bid mistakes, shall be supported by a written determination by the Department that states the reasons for the action taken. 2.50.110. Record Keeping To facilitate contract file record keeping and reduce accounting and auditing difficulties in having dispersed contract files, each pepartment will maintain a complete file on all contracts executed on behalf of that Department. Information to be included in the file shall include, at a minimum, i. any and all invitation for bids or RFP, bid or proposal advertisements, ii. recordings of minutes of contract selection meetings and other meetings, iii. Council consent authorizing contract execution, iv. original signed contract, v. any approved Local Contract Review Board waivers, and vi. list of who the bid was sent out to or the list of planholders. PAGE 15-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\legaI\Office\ORD\P\Public Contracting Ord 0706.wpd The Recorder's Office shall retain the original executed contract as well as original copies of any required insurance certificates, performance bonds, and payment bonds or other bid security. The department which is responsible for the procurement shall continually monitor insurance certificates to ensure the City remains an additional insured and has sufficient coverage. 2.50.115 Transfer. Sale or Disposal of Personal Property r279A.185] Any personal property that becomes surplus shall be disposed of in the manner set forth in Exhibit B, attached hereto. 2.50.120 Advertising Requirements for Competitive Sealed Bidding or Proposals and Notice of Intent to Award rORS 279B.055(4), 279B.135. 279C.360, 279C.410] A. The contracting Department shall give public notice of a RFP, or an invitation to bid issued under this section. Public notice is intended to foster competition among prospective proposers or bidders. The contracting Department shall make invitations to bid and RFPs available to prospective proposers or bidders. B. A public notice must be published at least once in at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the Contracting department may determine. If the contract is for a public improvement estimated to cost in excess of $125,000, the advertisement must be published in at least one trade newspaper of general statewide circulation. C. The Council may, by resolution, authorize public notice of bids or proposals to be published electronically instead of in a newspaper of general circulation if the contracting Department determines that electronically providing public notice of bids or proposals is likely to be cost-effective. In the event the proposal or bid is electronically published, as set forth and in accordance with OAR 137-047-0330 and OAR 137-049-0310, it shall be the bidder's or proposer's responsibility to monitor the electronic publication for additional instructions, addenda and similar material. D. In addition to the modes of publication authorized by paragraphs (B) and (C) of this subsection, the Contracting department may use any other medium reasonably calculated to reach prospective bidders or proposers. E. The contracting Department shall issue, or post electronically, a written notice of intent to award a contract to all bidders or proposers. 2.50.125 Negotiation When Bids for Public Improvements Exceed Budget r ORS 279C.3401 The Public Contracting Officer, his or her designee, or the contracting Department, may negotiate with the lowest responsive, responsible bidder when all responsive bids from responsible bidders exceed the City's cost estimate in accordance with ORS 279C.340. The Public Contracting Officer, his or her designee or the contracting Department shall negotiate to obtain the best possible value for the City. In the event the Public Contracting Officer, his or her designee or the contracting PAGE 16-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\Office\ORD\P\Public Contracting Ord 0706.wpd Department cannot, in his or her discretion, obtain the best possible value, the Public Improvement Project shall be competitively re-bid or abandoned. PAGE 17-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\Office\OROIP\Public Contractlng Ord 0706wpd EXHIBIT A Except ORS 244, 670 and 279C.510, these statutes must be recited verbatim in "any public contract." oods/services 1m rovement construction ORS 279C.505 ORS 279C.515 ORS 279C.520 ORS 279C.530 ORS Cha ter 244 The following contract clauses should be incorporated into the vast majority of City contracts. To the extent they conflict with clauses from an outside vendor's original contract, they shall control: INDEMNITY; INSURANCE: Contractor shall defend, save, hold harmless, and indemnify the City of Ashland, Oregon, and its officers, employees, agents, and members, from all claims, suits, or actions of whatever nature resulting from or arising out of the activities of Contractor or its officers, employees, subcontractors, or agents under this contract. EVENTS OF DEFAULT: Contractor shall be in default under the Contract if: Contractor commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; Contractor loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as aQRF; Contractor institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or Contractor attempts to assign rights in, or delegate duties under, the Contract. Insurance provisions: worker's compensation, general liability, professional liability (errors and omissions), automobile liability Insurance. Contractor shall at its own expense provide the following insurance: i Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. PAGE 18-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC'G:\IegaI\Office\ORD\P\PubliC Contracting Ord 0706.wpd ii Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. Hi General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. IV Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. AdditiQnallnsured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coveragesl required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. JURISDICTION - LITIGATION IN OREGON AND ACCORDING TO OREGON LAWS Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND PAGE 19-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaI\OIfice\ORO\P\Public Contracting Ord 0706.wpd EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. NONAPPROPRIATIONS CLAUSE. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. PRIOR APPROVAL REQUIRED PROVISION. Prior Approval Required: Approval by the City of Ashland Councilor the Public Contracting Officer is required before any work may begin under this contract. TERMINATION: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole 'or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county. or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other periOd as PAGE 20-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\legaI\Office\ORO\P\Public Contracting Old 0706.wpd the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. III. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, cor d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. PAGE 21-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:llegaI\OfficeIORD\P\Public Contracting Otd 0706wpd (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) PAGE 22-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\Iegal\Office\ORD\P\Public Contracting om 0706.wpd EXHIBIT B City of Ashland SURPLUS PROPERTY DISPOSAL ADMINISTRATIVE RULES & PROCEDURES March 9, 2006 Under the Ashland Municipal Code, Chapter 2.50 Public Contracts, Section 2.50.090, Disposal of Surplus and Abandoned Property, the City of Ashland Finance transfer to other departments, direct transfer or sale to political subdivisions, state agencies, or non-profit organizations, sale, trade, auction, or destruction; provided however, that disposal of surplus property having residual value of more than $10,000 shall be subject to authorization by the City of Ashland, Local Contract Review Board. Definitions The following definitions apply to these administrative rules: (1) "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by the bidder. (2) "Cash" includes U.S. currency, cashier's checks, and money orders made payable to the City of Ashland. (3) "Employee's Household" means all persons residing with employee. (4) "Employee's Immediate Family" means the children, step-children, parents, stepparents, grandparents and spouse of employee, separately or in any combination thereof. (5) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also known as a bid advertisement. (6) "Not-for-profit organization" is defined in ORS 279A.250(2) and means a nonprofit corporation as defined in ORS 307.130. (7) "Political Subdivision" includes divisions or units of Oregon local government having separate autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local governing authority. (8) "State agency" is defined in ORS 279A.250(4) and means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury, and includes the Legislative Assembly and the courts, including the officers and committees of both, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices. (9) "Surplus Property" means all personal property, vehicles and titled equipment property designated as surplus for sale to state, agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof. Prior to offering Surplus Property for Public Sale (1) Prior to offering surplus property for public sale, the Surplus Property may be made available by direct transfer or direct sale to the following: (a) Other City departments (b) Political Subdivisions PAGE 23-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:llegaI\OfficeIORDlP\Public Contracting Ord 0706.wpd (c) State Agencies (d) Any non-profit organization determined to be eligible by the Purchasing Agent. (2) Surplus Property acquired by political subdivisions, state agencies, or qualified not-for-profit organizations through direct sales or transfers must be used only in the conduct of their official public programs. (3) Surplus Property must not be acquired through warehouse floor sales or direct transfer for any use or purpose other than conduct of their official public programs, and not for resale or distribution unless otherwise pre-approved by the Purchasing Agent. (4) Non-qualifying private entities and private citizens, separately or combined, must not be eligible to acquire surplus property except at public sales. (1) Conduct (a) The Purchasing Agent or his/her designee must conduct public sales for the disposal of Surplus Property. (b) Methods of disposal may include, but not be limited to: oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof. (2) Conduct of Auctions and Sealed Bid Sales (a) The Purchasing Agent or his/her designee must advertise the date, time and location of public auction or sealed bid sales. (b) A public Invitation to Bid must be available at the auction site of an auction or sealed bid sale. (c) The public may inspect property offered for sale at the time and place specified in the public Invitation to Bid; (d) The Purchasing Agent reserves the right to reject any and all bids regarded as not in the best interests of the City of Ashland; (e) All items must be sold to the highest Bidder. All Surplus Property must be offered "As-Is, Where-Is" with no warranty or other guarantee as to its condition or fitness for use. A purchaser or disappointed Bidder does not have recourse against the City of Ashland or any of their respective officers, employees or agents. (f) All sales must be final. (3) Eligibility (a) Members of the general public may participate as buyers at public sales. (b) No employee whether full-time, part-time, temporary or unpaid volunteer, of the Department and/or Purchasing, member of the employee's household, the employee's immediate family, or any person acting on the employee's behalf may participate in public sales if the employee has had any role in declaring the item surplus, processing the item or related paperwork, or offering it for sale. (4) Payment Full payment must be made within five (5) business days, unless otherwise specified in the public Invitation to Bid. Payment must by made by cash, cashier's check or money order. The methods of payment, time limit for making full payment, and the place where payment must be made will be specified in public Invitation to Bid. (5) Failure to Comply The Purchasing Agent or his/her designee may establish criteria to disqualify participants from surplus sales pursuant to this Rule. Such criteria may be based on: PAGE 24-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\legaI\Office\ORD\P\Public Contracting Ord 0706.wpd (a) Conviction of fraud; (b) Inappropriate conduct (c) Failure to claim purchases; or (d) Other documented activities determined by the Purchasing Agent or his/her designee to warrant disqualification. Based upon these criteria, the Purchasing Agent or his/her designee may disqualify participants from participation in other surplus sales. (6) Claiming Items Purchased (a) Items not paid in full and claimed by the time specified in the Invitation to Bid will be offered to the next highest bidder. (b) Property paid for, but not claimed within the time specified in the Invitation to Bid must be considered abandoned and ownership must default back to the City of Ashland, unless prior approval is obtained from the City of Ashland Purchasing Agent. (c) Title to Property sold will be transferred to the purchaser when full and final payment (d) Motor Vehicles Division trip permits must be required to drive unlicensed motor vehicles. The purchaser will be responsible for obtaining a trip permit and to certify that the driver of the vehicle has a valid driver's license and is insured as required by Oregon law before a trip permit can be issued. (7) Disposal of Surplus Property, without requiring competitive bidding (1) With the prior approval of the Purchasing Agent, the authorized designee may sell or transfer surplus property to political subdivisions, state agencies, or non-profit organizations. (a) Political subdivisions, state agencies, and or non-profit organizations may be given preference to acquire surplus property. (b) Property acquired shall be used for public purpose or benefit and not for resale to a private purchaser. (2) With the prior approval of the Purchasing Agent, the authorized designee may transfer computers and related hardware that are surplus, obsolete or unused to a common or union high school district or education service district. (a) The authorized designee may not charge the school district a fee for the transfer. (3) The Purchasing Agent or his/her designee may recycle or otherwise dispose of property when the Purchasing Agent determines the value and condition of the property does not warrant the cost of a sale. (8) Proceeds from the disposal of Surplus Property (1) The Purchasing Agent shall determine what fund and/or funds will be credited with the proceeds received from the disposal of surplus property. Authorized by: Lee Tuneberg Finance Director Purchasing Agent Authority: ORS 279A.065 (5)(a), ORS 279.070, AMC 2.50.090 Drafted from: ORS 279A.250, OAR 125-246-0700 PAGE 25-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\JegaIlOffice\ORD\P\Public Contracting Ord 0706.wpd The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2006, and duly PASSED and ADOPTED this _ day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Approved a. s to for'!)/' \^ ,~ ~ .\ \ ( Beth .d.. L~ri'. Assistant City Attorney PAGE 26-0RDINANCE REPLACING CHAPTER 2.50 OF THE AMC G:\IegaIlOffice\OROIP\Public Contracting Ord 0706.wpd CITY OF ASHLAND Council Communication An Ordinance Revising Ashland Ethics Provisions (AMC 3.08.020) Meeting Date: November 21, 2006 Primary Staff Contact: Michael W. Franelflj If Department: Legal E-mail: franellm@ashland.or.us . jYl Contributing Departments: ~ Secondary Staff Contact: Approval: Martha Benne E-mail: Estimated Time: 20 minutes Statement: Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of the code provisions has been added, with the City Administrator making that determination for applicability to employees and the City Council making the determination of applicability to appointed and elected officials. Background: The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in: 1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and appointed officials in addition to applicability to city employees; 2) Adding in a procedure for investigating and enforcing the ethics provisions; 3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have ethics provisions in its municipal code which can be enforced locally. The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from representing clients for hire before any board or commission or before the City Council on matters which would come before the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of public property for private benefit for instances which are specifically set forth as a benefit of employment and for the granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to provide violations are considered cause for discipline. Related City Policies: None. Council Options: The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated above. The Council could amend the proposed ordinance. r~' The Council could reject the proposed changes, thereby, leaving the ethics provisions applicable only to city of Ashland employees. Staff Recommendation: Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. Potential Motions: I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading as amended. . . and move to second reading. (Note: If you make amendments, please be sure to identify the included amendments when making this motion). Attachments: Proposed ordinance. ~~, ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS Annotated to show deletions and additions to the code sections being modified. Deletions are Iinod through and additions are underlined. RECITALS: 1. The City of Ashland is committed to the highest ethical standards for its public officials. 2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has had its own ethics provision applicable to public employees for more than 25 years. 3. As a sign of continuing commitment to the highest ethical standards Ashland desires to extend application of its ethics provisions to appointed and elected officials. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read: SECTION 3.08.020 Code of Ethics. A. Declaration of Policy. The proper operation of democratic government requires that p..IJhJj'<;_.0m<:;j~l.l~, including elected officials, appointed officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all employccspublic officials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all cmploycospublic officials by setting forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is also the purpose of this Code to assist employeespublic officials in determining the proper course of action when faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them from unwittingly entangling public and private interests. Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards in the City service, and to increase public confidence in the integrity of City employeespvhli~ o11icials. I IE. Responsibilities of Public Office. Employeesr.!!hlif_..offj..c;j~l.l~ are agents of public purpose and are cmployedcngagcd for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Page 1 of 4 FILENAME \p C:\DOCUM E-1 \stephens\LOCALS-..] \Temp\EthicsAmendmentsOrd-2.docG:\lc;:1IIMilw'Ordinuncl::;',Ethic:; ..'\mendmenL; Ord 2.docG:\legal',Mike'.Ordinunces"Ethics ,\mendments.doc C. Dedicated Service. All employeespublic officials of the City should be loyal work to support the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive oftic@ls anflemployees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. Employees Public officials should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other employeespublic officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. D. Fair and Equal Treatment. 1. Interest in Appointments. Canvassing of members of the Council or Mayor, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the City service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Mayor or Council. 2. Use of Public Property. No employee public official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such employee in the conduct of official business or as a specificallv defined belle1it in ~..9.l1.W~..llsali9D..Qt~ml) 1 <U'meJJ!. 3. Obligations to Citizens. No employeepublic official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen except ~!~.Qlht:::r!yjl>~_.p~rmH1~~L.b..YJ~ w _QEll:~Jj.n~U19.t:::. E. Conflict of Interest. No emplo)'eepublic official, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofthat employee's public official's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that employce'sw12.Uf_.QfJ;icial's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for t+te-guidance of employees.~ 1. Incompatible Employment. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that employee's official duties or would tend to impair independence of judgment or action in the performance of that employee's official duties. 2. Disclosure of Confidential Information. No tlRybJif_DJtkigLmployee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any employee public official use such information to advance their financial or private interest, or the financial or private interest of others. 3. Gifts and Favors. No clr..ployee public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any improper favor, service or thing of value. 4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. An employee shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party, unless the employee is Page 2 of 4 FILENAME \p C:\DOCUM E~ 1 \steDhens\LOCALS- 1 \Temp\EthicsAmendmentsOrd-2.docG:\lcl:al'.M ike\Ordinancc:;\Ethic:; .^..mcndmcnL; Ord 2.docG:\lcgaLMikc\Ordinanccs".Ethius .^..mcndments.doc representing himseWherself as a private cItizen on purely personal business. No appointed official shall rcprescnt a client for hire beforc thc board or commission to which that official is ~ml!Qi!1t~QQril}.j;!!IY9GljQ!JQLprQ~~~J.tingJ?~tl2I~9:!JQth~IJ!Q~~rQ,<,:~m}mi~?jQI)\2!::th~()Jy(:g\J.!JGjJ on a matter which came or will comcJ;L~fQr:e the board or commission to which that otlicial is .ill2Pointed. No employee public official shall accept a retainer or compensation that is contingent upon a specific action by a-thc City agency. 5. Contracts with the City. Any employeepublic official who has a substantial or controlling financial interest in any business entity, transaction or contract with the City, or in the sale of real estate, materials, supplies or services to the City, shall make known to the proper authority such interest in any matter on which that employeepublic official may be called to act in an official capacity. The cmployeepublic official shall refrain from participating in the transaction or the making of such contract or sale. An employeepubli~.Q.ftj~i9:1 shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is recommended, approved, awarded, entered into, or authorized by the employeepublic official in an official capacity. 6. Disclosure of Interest in Legislation. Any employee or appointed otticial who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Council or other appropriate authority the nature and extent of such interest. F. Political Activitv. No employee in the administrative service shall use the prestige of their position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No employeepublic ofticial -shall promise an appointment to any municipal position as a reward for any political activity. I G. Applicability of Code - Emplovees. When an employee has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Administrator, who is charged with the implementation of this code for an advisory opinion, and be guided by that opinion when given. The employee shall have the opportunity to present their interpretation of the facts at issue and of the applicable provision(s) of the code before such advisory decision is made. All such requests for advice shall be treated as confidential. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statute, ordinance or resolution, and each statute, ordinance or resolution action is mandatory, or when the application of a statute, ordinance or resolution provision is discretionary but determined to be more appropriate or desirable. Ii--.Appli9AbiUtY.Qf Cod~_=!:\ppointed 9D4.El~<;;1~QQtT1.Q.@b,._}Yhen an apP9.i!1t~9 ofJ}<;;j~lQ!::.E1!.s::l~Gt~g official has doubt as to the applicability of a provision of this code to a particular situation. they . should apply to thc City Council for a detcrmination. The official seeking a determination shall have the opportunitv to present any facts thev deenl relevant to the detennination. They shall also have the opportunity to present any argument they may have as to what thev deem an appropriate Page 3 of 4 FILENAME \p C:\DOCUM E~ I \stcDhens\LOCALS-I \Temp\EthicsAmendmentsOrd-2.docG:\legaI'M ike\Ordinancc:;'Ethic:; ."'.mendment~ Ord 2.docG:' legal' Mike\Ordinanees'.Ethics Amendment~;.doc determination. The City Council, the Mayor or the City Administrator may request the C'ityi\ttOrtl0 to provide an advisory opinion based upon the facts presented. The determination of the Citv Council ~~~t.QJht,':~l.Ppli9;~hiljtYQL,!ptQ.Yis i (mgft.hi~(;S)~1t,':JQ~1Pq11~(;_l!i<.!I~it..\.:1.<.Hi.Ql.1.~h<.DIQt,':Jj.IJi!L L Definitions: mmmm.JJmE!)mJQyt,':y:::::J~)Llh_~pI,lJ1)Q~y.~Qflhi~U)t,':(;liQ!),JhyJt,':I::.m~!}ml<2Yy~~hqJln}~<.U1Qnt,':whQ.i~hiTyQ<.mQ paid a wage or salalY to work for the City other than elected or appointed officials. 2) Appointed Official - for the purposes of this section. the term "appointed official" shall mean a per~Q.!L~y.b..(2-i~<.!RPQjnt~QIQ_~n~:~.Ql.1.Q.IJ~QLth~L'ity'.~hQ;'!IQ~DL.(;QlJ.!!1Jj~::>iQI}~~llQ-,'ih<.!ll<.!l~!)m~m}Jh~ City Administrator and City Attomey. 3) Elected Official - for the purposes of this section. electcd official shall mean one who is elected b.YJh~I~gi$J~ryQ..}':Qt~r~_QL!..h~_.CitY-i'1J~Jlhil).(tl(Hy[Ve th e cj.t.YJ!llQ.$JE~lL i n(;J!I~lt,'::_.t.he 'i'vt'.!YQ[,1.bY.9i.ry councilors, the city recorder, the municipal iudgc and the parks cOllli11issioners. ,!H. Sanctions. Violation of any pro';i:;ions of this code should raise conscientious que~;tions fi.1r the employee concemed as to ",.hether voluntary resignation or other action is indicated to promote the be~;t intcre~;t of the City. Violation_QLI.DV proyi~iQ.l.LQfJbis sectiOD..1.._4~1t,':[m.il~<;L<.!tl~LD..Q..ti.9ym}Q.<.!D 9PP01tunitv to be heard, shall constitute cause for disciplinary action. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Page 4 of 4 FILENAME \p C:\DOClJM E~] \stephens\LOCALS~ I \Temp\EthicsAmendmentsOrd-2.docG:\IC!;I.II'M ike'Drdinunce:;',Ethic:; :\mendmentJ Ord 2.docG:\legul'"Mike\Ordinanccs".Ethics Amcfldmcflts.doc CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 11.40, RELATING TO REGULATIONS FOR PARADES AND PUBLIC ASSEMBLIES Meeting Date: ~O)~', 2006 Primary Staff Contact: Michael w. FranelY'~;jj- Department: Legal franellmtaashland.oLus 488-5350 / t'f/ Contributing Departments: Police, Adm. Secondary Staff Contact: Ron Goodpaster, Approval: Martha Benne Statement: This ordinance is intended to replace the current ordinance which regulates parades and processions, AMC Chapter 11.40. The current ordinance, adopted in 1968, is insufficient because it lacks standards for issuance or denial of permits. This proposed ordinance provides standards for issuance and denial, and is much more comprehensive. It regulates parades and public assemblies with over 50 participants. Background: At the request of the City Administrator, the Legal Department, with the assistance of other City departments and stakeholders, developed this ordinance to address the City's ability to provide adequate resources to provide for the safety of participates and the general public to the greatest extent feasible. Related City Policies None. Council Options: The Council can leave the existing provisions in place, which do not provide adequate criteria for issuance and denial of permits. Pass the proposed ordinance on first reading as presented. Pass the proposed ordinance on first reading with amendments. Staff Recommendation: Pass the proposed parade permit ordinance Potential Motions: I move the Council pass an Ordinance Amending the Ashland Municipal Code Relating to Regulations For Parades and Public Assemblies; Repealing Chapter 11.40 ofthe Ashland Municipal Code on first reading and move to second reading. 1 r~' Attachments: Proposed ordinance amendment. 2 '" I ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO REGULATIONS FOR PARADES AND PUBLIC ASSEMBLIES; REPEALING CHAPTER 11.40 OF THE ASHLAND MUNICIPAL CODE. Recital: A. It is the policy of the City of Ashland that constitutional rights of assembly and expression be protected while the safety of participants and others be maintained and inconvenience to the general public and disruption of public services should be minimized. B. In order to regulate competing uses of public forums and to provide City officials specific and objective standards for issuance of permits, a more comprehensive permit scheme for parades and public assemblies shall be adopted. C. The City of Ashland has a significant governmental interest in protecting the health, safety and welfare of the general public and preserving the public order while preserving traditional public forums, especially those activities that do not interfere with the normal flow of vehicular and pedestrian traffic. D. The City of Ashland has a significant governmental interest in maintaining the free flow of traffic on public streets and sidewalks, preserving access to public places and buildings and protecting public and private property. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Section 1. Ashland Municipal Code Chapter 11 .40 is repealed in its entirety and adopted to read as follows: Chapter 11.40 PARADES AND PUBLIC ASSEMBLIES Sections: 11.40.010 11.40.020 11.40.030 11.40.040 11.40.050 11.40.060 Definitions. Parade or Public Assembly--Permit Required. Exceptions. Application. Police Protection. Standards for Issuance. Page 1 of 7 - PARADE AND PUBLIC ASSEMBLY REGULATION ORDINANCE G:\legal\Office\ORDlP\Parade & Public Assembly Ordwpd 11.40.070 11.40.080 11.40.090 11.40.1 00 11.40.110 11.40.120 11.40.130 Non-discrimination. Notice of Denial of Application. Appeal Procedure. Notice to City and Other Officials. Contents of Permit. Offenses Against Parades or Public Assemblies. Revocation of Permit. SECTION 11.40.010 Definitions. A. "Chief of Police" means the Chief of Police or his/her designee. B. "Parade" means any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks, sidewalks or other public grounds within the City that reroutes the normal flow or regulation of pedestrian or vehicular traffic upon the streets and sidewalks. C. "Parade or public assembly permit" means a permit as required by this chapter. D. "Person" means any person, group, firm, partnership, association, corporation, company or organization of any kind. E. "Public assembly" means any meeting, demonstration, picket line, rally, race, festival or gathering of fifty (50) or more persons for a common purpose as a result of prior planning that occurs upon the streets, parks, sidewalks or other public grounds. F. "Sidewalk" is an area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved. G. "Street" is any place or way set aside or open to the general public for purposes of vehicular traffic, including any alley, parkrow, right of way, or median strip thereof. SECTION 11.40.020 Parade or Public Assembly--Permit Required. No person shall engage in or conduct any parade or public assembly as defined in this chapter, unless a permit is issued by the Chief of Police and approved by the City Administrator or his or her designee or such activity is an exception identified in Section 11.40.030. A violation of this section is an infraction subject to the penalties imposed in Section 1.08.020 of the Ashland Municipal Code. SECTION 11.40.030 Exceptions. This chapter shall not apply to the following: A. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities; B. A governmental agency acting within the scope of its functions; C. Spontaneous events occasioned by news or affairs coming into public knowledge within two (2) days of such parade or public assembly, provided that the organizer thereof gives written notice to the City at least twenty-four (24) hours prior to such parade or public assembly; Page 2 of 7 - PARADE AND PUBLIC ASSEMBLY REGULATION ORDINANCE G:\IegaI\Office\ORDlP\Parade & Public Assembly Ord.wpd D. Parades and public assemblies, where it is reasonably anticipated that fewer than fifty (50) persons will participate in the parade or public assembly, that take place on public sidewalks and will not prevent other pedestrians from using the sidewalks; E. It is reasonably anticipated that fewer than fifty (50) persons will participate in the parade or public assembly, and the parade or public assembly will not occur on the street. SECTION 11.40.040 Application. A. A person seeking a parade or public assembly permit shall file an application with the Ashland Police Department on forms provided by such officer, and the application shall be signed by the applicant. B. For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the Chief of Police at least fifteen (15) and not more than one hundred eighty (180) days before the parade or public assembly is proposed to commence. The Chief of Police shall waive the minimum fifteen (15) day filing period and accept an application filed within a shorter periods if, after due consideration of the date, time, place, and nature of the parade or public assembly, the anticipated number of participants, and the City services required in connection with the event, unless the Chief of Police determines that the waiver will not present a clear and present danger of disruption of the normal flow and regulation of pedestrian or vehicular traffic on streets and sidewalks. C. For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Chief of Police at least sixty (60) and not more than one hundred eighty (180) days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police may waive the minimum sixty (60) day period after due consideration of the factors specified in subsection (B) above. The Chief of Police may set aside certain dates and locations of certain historically reoccurring parades for which other applicants may be denied, including, but not limited to, the Chamber of Commerce sponsored parades, which include the 4th of July parade, the Children's Halloween parade, and the Festival of Lights parade. D. The application for a parade or public assembly permit shall set forth the following information: 1. The name, address and telephone number of the person seeking to conduct such parade or public assembly; 2. The requested date of the parade or public assembly; 3. The route to be traveled, if applicable, including the starting point and the termination point; 4. The approximate number of persons who, and animals and vehicles which will, constitute such parade or public assembly and the type of animals and the description of the vehicles; Page 3 of 7 - PARADE AND PUBLIC ASSEMBLY REGULATION ORDINANCE G:llegallOfficelORDlPIParade & Public Assembly Ord.wpd 5. The hours when such parade or public assembly will start and terminate; 6. A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed; 7. The location by street of any assembly areas for such parade or public assembly; 8. The time at which units of the parade or public assembly will begin to assemble at any such area; 9. If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Chief of Police authorizing the applicant to apply for the permit on his/her behalf; 10. The type of public assembly, including a general description of activities planned during the event; 11. The approximate number of participants (spectators are by definition not participants ); 12. A designation of any public facilities or equipment to be utilized; and 13. A signed agreement of the parade organizers that they will ensure the parade participants will comply with the parade rules as listed on the parade permit application form. SECTION 11.40.050 Police Protection. A. The Chief of Police shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The Chief of Police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages (if allowed), the number of streets and intersections blocked, and the need to detour or preempt travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary, unless the Chief of Police in his or her discretion determines additional resources are necessary, and, provided that no disruption of ordinary police services or compromise of public safety will occur, regularly scheduled on-duty personnel will police the event. SECTION 11.40.060 Standards for Issuance. A. The Chief of Police shall issue a permit as provided herein when, from a consideration of the application and from such other information as may otherwise be obtained, he/she finds that: 1. A completed and signed parade permit is submitted; 2. The concentration of persons, animals, and vehicles at public assembly points of the parade or public assembly will not block the entry and exit areas of City Fire & Rescue and Police stations; 3. The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; Page 4 of 7 - PARADE AND PUBLIC ASSEMBLY REGULATION ORDINANCE G:llegaIIOfficeIORDIP\Parade & Public Assembly Ordwpd 4. No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted unless multiple applicants can be reasonably accommodated concurrently. Section 11.40.070 Non-Discrimination. The Chief of Police shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this chapter based upon political, religious, ethnic, racial, disability, sexual orientation or gender-related grounds. An application for a parade or public assembly permit shall not be denied because the applicant's message is controversial or likely to incite counter-demonstrations or non- participant resistance, unless the Chief of Police has reasonable grounds to believe the preservation of life or property is at jeopardy. Section 11.40.080 Notice of Denial of Application. The Chief of Police shall act promptly upon a timely filed application for a parade or public assembly permit granting or denying a permit at least forty-eight (48) hours prior to the event. If the Chief of Police disapproves the application, he/she shall notify the applicant either by personal delivery or certified mail at least forty-eight (48) hours prior to the event of his/her action and state the reasons for the denial and shall recommend to the applicant reasonable time, place and manner changes to the application that would satisfy an approval of the application. Section 11.40.090 Appeal Procedure. A. Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the City Council. The denied applicant shall make the appeal within five (5) days after receipt of the denial by filing a written notice with the Chief of Police and a copy of the notice with the City Recorder. The City Council shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal. B. In the event that the City Council rejects an applicant's appeal, the applicant may file an immediate request for review with a court of competent jurisdiction. Section 11.40.100 Notice to City and Other Officials. Immediately upon the issuance of a parade or public assembly permit, the Chief of Police shall send a copy thereof to the following: A. The City Administrator; B. City Department Heads; C. The manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade or public assembly; and D. The responsible head of the Oregon Department of Transportation if such event will occur on property or right-ot-way under the jurisdiction ot the Oregon Department of Transportation. Page 5 of 7 - PARADE AND PUBLIC ASSEMBLY REGULATION ORDINANCE G:llegaIIOfficeIORD\PIParade & Public Assembly Ord.wpd Section 11.40.110 Contents of Permit. Each parade or public assembly permit shall state and include the following information: A. Starting and approximate ending time; B. Minimum speed of parade units; C. Maximum speed of parade units; D. The portions of the streets that may be occupied by the parade or public assembly; E. Proof of liability insurance covering the event that is equal to or greater than the limits for claims made under the Oregon Tort Claims Act, ORS 30.260-270, or at an amount appropriate for the type of event to occur, as determined by the Chief of Police. F. A written agreement to defend, indemnify and save the city and its agents, officers or employees harmless for any and all claims, actions, costs, judgments, damages, or other expenses resulting from injury to any person or damage to property arising from the issuance of a permit, as set forth in the parade permit application form. Section 11.40.120 Offenses Against Parades or Public Assemblies A. The Permitee shall have exclusive right to use the designated areas at the designated times as identified in the permit. No person shall unreasonably hamper, obstruct or impeded, or interfere with any parade or public assembly or any person, vehicle or animal participating in a parade or public assembly. A violation of this subsection is an infraction subject to the penalties imposed in Section 1.08.020 of the Ashland Municipal Code. B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly. A violation of this subsection is an infraction subject to the penalties imposed in Section 1.08.020 of the Ashland Municipal Code. C. The Chief of Police shall have authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a public parade or public assembly. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this section. Section 11.40.130 Revocation of Permit The Chief of Police shall have authority to revoke a parade or public assembly permit instantly upon violation of the conditions or standards of issuance as set forth in this chapter. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2006, Page 6 of 7 - PARADE AND PUBLIC ASSEMBLY REGULATION ORDINANCE G:llegallOfficelORDIPIParade & Public Assembly Ord.wpd and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor I ( Page 7 of 7 - PARADE AND PUBLIC ASSEMBLY REGULATION ORDINANCE G:\IegallOfficelORDlPIParade & Public Assembly Ord.wpd CHAPTER 11.40 PARADES AND PROCESSIONS SECTIONs: 11.40.010 Parade--Permit required. 11.40.020 Funeral procession. 11.40.030 Drivers in possession. 11.40.040 Driving through procession. SECTION 11.40.010 Parade--Permit required. No procession or parade, except a funeral procession or military parade, shall occupy, march, or proceed along a street except in accordance with a permit issued by the Chief of Police and approved by the City Administrator. The permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace, unreasonably interfere with the peace and quiet of the inhabitants of the City, or cause damage to or unreasonably interfere with the public use of the streets. (Ord. 1557 S24, 1968) SECTION 11.40.020 Funeral procession. A funeral composed of a procession of vehicles shall be escorted by at least one person authorized to direct traffic for such purposes and shall follow routes established by the Chief of Police. Each vehicle in the procession shall be marked by flags or other designation approved by the Chief of Police. (Ord. 1557 S25,1968) SECTION 11.40.030 Drivers in possession. Each driver in a funeral or other procession shall drive as near to the right edge of the street as practical and shall follow the vehicle ahead as closely as is practical and safe. (Ord. 1557 S26, 1968) SECTION 11.40.040 Driving through procession. No driver of a vehicle other than an authorized emergency vehicle shall drive between the vehicles comprising a funeral or other authorized procession while in motion except where traffic is controlled by traffic control signals or when otherwise directed by a police officer. (Ord. 1557 S27, 1968) CITY OF ASHLAND Council Communication 2006 City Council Goals Meeting Date: November 21, 2006 Department: Administration ~ Contributing Departments: ~~ Approval: Martha Benne Estimated Time: 15 minutes Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm@ashland.or.us Statement: City Council members have asked to discuss the status of the City Council goals for 2006. Staff Recommendation: I recommend that Council use the draft 2006 Goals as a starting point for your 2007 Council goal- setting work. Background: The City Council met twice to set goals for the 2006 calendar year. These goals have never been adopted. During a recent email exchange between myself and Councilor Hartzell, I committed to putting an item on this agenda for you to discuss what you'd like to do with these documents. As noted above, I recommend that you focus on 2007 goal setting, and that the work you did in January and February of this year be the starting point for this discussion. I am attaching all of the documents that I have found that explain the "threads" of how you moved from the January 28,2006 retreat to the February 10,2006 session to the revision produced by Councilor Hartzell and Councilor Jack Hardesty. Attachments: A. Consultant transcript of notes ofJanuary 28,2006 session. B. "Department Workload" document (43 pages) produced by staff after January 28 session as preparation for your February 10 session. C. Document (12 pages) that includes, in note form on the bottom of each page, agreements from February 10, 2006 session. D. Revised document submitted on May 24,2006 by Councilor Cate Hartzell and Councilor Jack Hardesty. I've also attached the transmittal email from Councilor Hartzell. r~' n I Martha Bennett - Vision elements, Goals and Wish LisLdoc ----'----,_.........'-'-".._--'"_.,-_.__..,-,~..._----"----_., -.-..--...--'-. ~._....._-_.._._-,.,. -- ___~_'=~~e 1 -4f-/ucr..~ A: C-tm.~~~ c-I'~~. f ~ n.or-ts {"I.~ 11~610v Work Session Notes January 28, 2006 Vision - a "picture" of what we want (10 years) Goals/Mission/Milestones, some "how" to achieve the vision, broader categories (4 years) Projects/Policies - how, specific tasks (2 years) Vision/Values Elements (1/1Ilial work is at end) · Opportunity - housing, jobs, young people can stay If they choose, basic human needs met by community · All voices are heard, respected, valued · Multi-functional downtown - vibrant, vital -) and other urban centers · Safety and public health · Employees and residents feel connected to and participate In the community · Outdoor orientation, and history maintained/carried forward · Sustainable -) economic -) water energy, transportation -) not reliant on continued growth · Community "foot print" growth, in-growth, impact are done conscIOusly with community values · Capacity to respond to change - resilient · Healthy neighborhoods · Diversity - economic, cultural, employment, (richness through "Iayeredness") and political. *** John will take this and produce a draft for the council Goals 2-4 years (Items in italics are ties to value statements) I. Effectively use, clarify, and/or establish community growth (jobs and housing) management tools/strategies to resolve competing values and opportunities. (community "footprint':. sustainable; multi-functional and Viable centers) 2. We facilitate the development of affordable/workforce housing, netting at least 200 units by 2010. (diversity; opportunities; safety, community) 3. We expand, broaden, and preserve the economic base with year-round employment and family-wage jobs. (opportunity; capacity; sustainable; diversity) 4. We emphasize the vitality of the downtown area. (opportunity; multi-functional downtown; sustainability; community "Footprint':. diversity 5. We move towards energy and resource independence -)270 reduction of electricity over 50 years. (sustainability, conservation, environment) 6. We improve community ability to prevent, respond to, and maintain services in the event of emergencies (safety, sustainabi/ity) 7. Provide for fiscal responsibility by identifying, maintaining, and establishing future revenue sources; seeking and implementing cost savings. (Opportunities, public health, outdoor, capacity, sustainability) Priorities/policies/pro iects (2 years) Goal 1) Effectively use, clarify, and/or establish community growth (jobs and housing) management tools/strategies to resolve competing values and opportunities. (community "footprint~. sustainable; multi- functional and viable centers) 10. Review annexation and re-zoning. Achieve desired energy efficient results of annexation. lb. Define "family friendly" housing and give suggestions for accomplishing Ie. Define "density bonuses:' and effective use of It. Id. Identify ways that City inadvertently is an impediment to business opportunity (include Inventory and Martha Bennett - Vision elements, Goals and Wish List.doc Page 2 I Analysis of special designations) 1e. Training for Council, commission members, and volunteers about comprehensive plan. If. Review in-fill policy for possible alternative strategies to accomplish or mitigate. Goal 2) We faCilitate the development of affordable/workforce housing, netting at least 200 units by 2010 (diversity; opportunities; safety, community) 2a. Establish a housing trust fund. 2b. Identify public/private/other agency partnerships. 2c. Establish employee-housing or employee assistance programs. Alternatives costs, trade-offs. 2d. Review salaries/policy of employees relative to Ashland housing costs. 2e. Conservation opportunities; what and how much can we accomplish with our 200 units. Goal 3) We expand, broaden, and preserve the economic base with year-round employment and family-wage jobs. (opportunity; capacity,' sustainable: diversity) 3a. Establish a City economic development Commission, alternative strategies for accomplishing. 3b. Identify/recommend policy for point-of-contact with City for economic development. 3c. Identify opportunities for partnerships to accomplish economic base expansion, etc. 3d. Include significant Involvement of citizens and diverse stakeholders in "old" action item #1. Goal 4) We emphasize the vitality of the downtown area. 4a. Finish Downtown Master Plan. 4b. Evaluate/ recommend costs for implementation; commission re-design of downtown plaza. 4c. Funding strategies for 5b. 4d. Library, restrooms, civic center 4e. Pros and cons of police sub-station downtown. Goal 5) We move towards energy and resource independence 72% reduction of electricity over 50 years. (sustainability, conservation, environment) 5a. Develop "game plan" for meeting 2'10 per annum target. 5b. Identify opportunities and/or incentives for conservation measures such as: zero-net-energy project; earth-advantage; commercial building (energy efficient); retrofitting 5c. What's the next step up in green fleet measures? 5d. What are obstacles and opportunities for weekend services, including services to Medford, etc? 5e. Evaluate City facilities for energy conservation and costs to improve. 5f. Evaluate opportunities for being more conservative in water use. (Right water, right use). Beyond 2050 plan? Goal 6) We improve community ability to prevent, respond to, and maintain services in the event of emergencies (safety, sustainability) 6a. Develop long-term funding strategies for CERT and equipment. 6b. Compile "lessons learned" from drills; recommend policies as necessary. 6c. How can we help Forest Service with fuels-reduction in watershed. Funding/project support. 6d. Continue #19 on "old" list. 6e. What will it take to operate our grid in case of regional grid failure? (solar-powered vehicle) Goal 7) Provide for fiscal responsibility by identifying, maintaining, and establishing future revenue sources; seeking and implementing cost savings. (Opportunities, public health, outdoor, capacity, sustainability) 7a. Establish task force, or , to evaluate funding/revenue opportunities. (Food and beverages) 7b. Establish task force, with public participation, to reduce AFN debt. Other projects/policies not tied to Goals Martha Bennett - elements, Goals and Wish List.doc Page 3 L Establish Public Safety Commission. L Do systematic neighborhood review for safety Improvement opportunities. 10 Charter Review process. 1, Complete land use ordinance update. 5. Formalize "meet the mayor" program. Costs and structure? 6. Same for Town hall program. Public Works: Infrastructure management is adequate. Streets: maintenance needs. They will be coming to council to describe more fully In March. Drainages across private property.. how to deal with these. Planning: meshing commission and council goal-setting. Assumption of staff available for committees and commissions... clarify this. Homeland security issues: inform councIl. FY 05-06 Goals List I. keep as consideration for final prioritization discussion 2. keep 3. keep 4. keep 5. keep 6. drop - supplanted by new goal 7. drop, except for Croman white paper and Railroad Property Study in #3 goal above 8. keep 9. keep 10. modify - funding source mOlntenance green plan II. drop 12. keep 13. keep 14. drop 15. keep 16. drop - wrapped into base work 17. merge with and keep 18. keep 19. merge with fuels reduction 20. drop, depending on decisions made February 21. 21. drop 22. merge with financial viability milestone 23. keep 24. keep Ongoing philosophies: Do succession planning coupled with fiscal responsibility (goal as well as philosophy) (economic sustainabi/ity) Martha Bennett - Vision elements, Goals and Wish List.doc Page 4 ' Initial work from two groups on values/vision: A community where: Young people can stay if they want... creating opportunity for this. All voices are heard. Downtown is vibrant, healthy, and serving multiple functions (residential and commercial gathering spot). Urban living is a viable option. Streets are safe and efficiently designed. Facilitate the use of multiple transportation modes - bikes, pedestrians, etc. City employees have vested interest and are actively engaged in and living In the community. People are active and healthy. History is preserved - buildings, legacy, neighborhoods. Economic base is diverse. Citizens use water efficiently from primary and secondary sources. City services are excellent and varied. Self-sustaining community Revitalized downtown with satellite centers Coherent footprint Effective public transportation system Fire resilient watershed Plentiful supply of workforce housing Regional partnerships are in place. Broader array of job opportunities Housing for people of all income levels. Broader economic base -7 more better-paying jobs A community of social and economic diversity A viable and utilized mass transit system -7 reduced movement, more walking, more biking The ability to be self-sustaining (regional, local) -7 food, conservation of energy/resources, money, jobs, economical housing Ability to respond to changing resources -7 resilient What will our population be? (Stop now?) How many jobs? Basic human needs are met... warm, well-fed (not too) and the community ensures that it is so. City operates at a fiscally responsible level... now escalating out of control V. VI. VII. VIII. IX. 4Ifac--~' -c8 .. sW WOI"--Ic;ia.A'/ d()c..~ Council Goal Settin2 2007 Index Title I. Current Department Workloads Page 3 II. Goal] "community growth" · Community Development (I a-I f) · Electric/Conservation (1 a) 7 7 9 III. Goal 2 "workforce housing" · Community Development (2a, 2b, 2e) · Human Resources (2c, 2d) · Electric (2e) 10 10 13 14 IV. Goal 3 "economic base" · Administration (3a-3d) 15 15 Goal 4 "downtown vitality" · Community Development (4a, 4b, 4d) · Electric/Conservation (4c) · Police (4e) 16 16 18 18 Goal 5 "energy & resource independence" · Electric/Conservation (5a, 5b, 5e, 5f) · Public Works (5c, 5e, 5f) · Administration (5d) 19 19 22 22 Goal 6 "emergency response" · Fire (6a, 6b, 6c, 6d) · Electric (6e) 24 24 26 Goal 7 "fiscal responsibility" · Administration (7a, 7b) · Finance (7a, 7b) 28 28 29 Other Projects/Policies - Not Tied to Goals · Establish Public Safety Commission · Neighborhood review for safety improvements and opportunities · Charter review process · Complete Land Use ordinance update · Formalize "Meet the Mayor" · Formalize "Town Hall" 31 31 32 32 32 33 Page 1 of 43 · Public Works infrastructure management · Meshing Commission & Council Goal Setting · Homeland Security x. Existing Goals Carried Over · Economic Development Plan · Inform & educate community on planning issues/regulations · Complete revision of downtown plan · Establish formal public involvement policy · Complete Riparian ordinance · Adopt Dark Sky ordinance · Develop urban forestry plan · Improve public trails system · Develop comprehensive public transportation plan · Remodel/replace City Council chambers · Increase safety at Wimer StreetINorth Main/Hersey Street Intersection · Enhance water supply and conservation · Develop 5 year information technology plan · Establish stronger role in stewardship of Ashland Watershed · Develop performance measure program for all City departments · Implement no-cost & low-cost Health and Human Services plan · 6-12 month City-wide community visioning process Page 2 of 43 33 33 33 34 34 35 35 35 35 36 36 36 37 37. 38 39 39 40 42 42 Current Department Workload Administration Nondiscretionary time is 80%. There are three employees in Administration: Diana, Ann and Gino. 100% of Diana's time is spent supporting Administration and Mayor and Council. Both Ann and Gino spend 70% of their time on nondiscretionary items. These items are generated externally (citizen needs), internally (budget preparation, training, seasonal projects, commission support, council, organizational needs, employees etc.) and by job description (intergovernmental projects, community liaison work, day to day operations, web development, RVTV etc.). Current discretionary projects (projects generated by council) but are not shown on the list of goals include: · AFN options · Railroad Property 20% of current staff time is available for discretionary projects Community Development Historically, approximately 0.5 FTE has been available for discretionary projects. This discretionary workload primarily has been distributed between the Community Development Director and Planning Manager, with the majority of discretionary workload directed to Director. Currently, Non-discretionary time is 100%. The Planning Division is currently operating at 3/4ths of normal full staffing levels. This includes the Planning Manager (currently Interim Community Development Director), Senior Planner and two Assistant Planners. With the hiring of a Community Development Director and an Associate Planner, it is assumed that the Department will be at full staffing levels by July 2006. Until the aforementioned positions are filled, it is assumed that the Planning Division has no additional capacity or staff time to dedicate toward discretionary/long- range projects. Current discretionary projects (projects generated by council) include: · Land Use Ordinance Update - Project management & implementation · Organizational Audit - Project management & implementation · Economic Opportunity Analysis ofIndustrial/Employment Lands (i.e. Croman & Railroad properties) - Project management & implementation · Final draft & adoption of Wetland & Riparian Areas Protection Ordinance - Project management, completion & implementation · Completion of Downtown Plan - Phase I - Project management Page 3 of 43 It is estimated that approximately four to five full-time planners are needed to carry out workload associated with on-going current planning applications (i.e. development applications) and general zoning administration (i.e. responding to citizen/customer inquiries and needs). This figure is supported by the findings included in the draft Organizational Audit (Zucker Systems). Increased complexity and scope of planning applications, number of development applications, and requests from commissions, committees and the general public places significant demands on staff time, and has resulted in the delay or inability to accomplish long-range planning priorities of the Council. Once the Department is up to full staffing levels, it is estimated that time comparable to an approximately 1.0 FTE would be available to engage in work associated with discretionary/long-range planning efforts. This figure does not factor in an amount of time that allows the Department to accommodate priorities/policies and projects that frequently occur throughout the year and that cannot be anticipated at this time (i.e. free board). Electric/Conservation The Electric and Conservation Departments currently consist of 21 + FTE' s who maintain and operate our electric utility, electric and water conservation programs. 85% of our operation field crew's time is consumed by maintenance and new construction projects. The other 15% is devoted to dealing with the public and outage situations. The Conservation staff devotes about 85% of their time to customer inquires and program related conservation activities. The other 15% is devoted to program planning, reporting, and special projects. Any significant new programs would require new or contracted staff for completion. Finance At this point I feel it is safe to say that there is no discretionary time available in Accounting, Customer Service, Finance Administration, Human Resources, Municipal Courts or Purchasing. Each area is tasked to meet daily requirements. These divisions provide internal and external customer service and the demands for high levels of service are normally generated by other city functions. The department works hard at documenting procedures, cross training and resource allocation to provide service, support and to meet pressures from changes in priorities. Many employees rotate between areas of expertise to alleviate work load pressures, only to return to their regular assignment hoping to get caught up before another reassignment. Supervisors are "working managers" who backfill to meet customer demands and tackle managerial responsibilities after hours and on weekends. Many areas have suffered from loss of key employees and "institutional knowledge" over the last three years and new areas of responsibility being shifted to the department such as parking enforcement, the Hargadine structure, AFN and risk management and related Page 4 of 43 insurances. Staff is hopeful that workloads will stabilize when vacant positions are filled, staff is trained and procedures have been developed or stabilized. However, there are areas going under served that will absorb any "free" time gained when there are changes in the above mentioned items. The department is a "can do" group who are always optimistic that changes can be made to resolve the problems intimated by the narrative above, given the time to work on them. Fire There is one department director and two program managers in administration: Fire Chief, Division Chief EMS/Fire Training & Division Chief - Fire & Life Safety Services. Nondiscretionary time is 90% across all three administrative positions, and is allocated as follows: Fire Chief spends 50% of time managing daily department operations, approximately 35% of time is allocated to forest resource management issues, and 15% of time in responding to citizen inquiries and planning for future projects. Division Chief EMS / Fire Training allocates 50% of time managing Emergency Medical Services and related issues, 40% of time managing fire training program and 10% carrying out special administrative assignments. Division Chief Fire & Life Safety Services spends 100% of nondiscretionary time managing the Fire & Life Safety Division and related issues involving planning actions and code enforcement & development. Discretionary time for all three positions is 10% and is allocated to attending continuing education classes, workshops and attending state and local professional association meetings. Line personnel, including the three shift supervisors, spend 100% of their time responding to emergencies, training, responding to non-emergency public service calls, and performing building and equipment maintenance functions. Due to nature of workload and rotating work schedule, these line positions are not in a position to relieve any portion of the management workload. Inability of management employees to handle all current workload initiatives results in prioritizing of programs. Successful recruitment of new Division Chief - Operations in May 2006 (two previous attempts were unsuccessful) should significantly improve management capacities and reduce backlogs. Human Resources Currently the Human Resources Division is comprised of 2 FTE and we are fully tasked almost 100% of the time. Our days are unpredictable with employee benefit questions, work-related injuries, inquiries from job-seekers, Personnel Action Forms, selection processes, inquiries from the public, etc. Non-discretionary time is running at about 90- 95% for the Human Resource Manager and at least that for the Human Resource Analyst who also provides front office coverage for Administration. Many projects are on hold right now awaiting the discretionary time needed to complete them. Staff frequently forgoes training opportunities in favor of "desk time" to draft policies and attempt to get caught up. Page 5 of 43 We have a few large projects on the horizon, including several key staff recruitments, preparations for labor negotiations with our two public safety bargaining groups, open enrollment for health insurance benefits, review of risk management practices, etc. We have experienced a steady increase in recruitment workload due to turnover, and we anticipate this to continue as the baby boomers reach retirement age. Police The department is staffed with 42 employees. This includes sworn and non-sworn personnel in administration, investigations, patrol and special assignments. Of our 16 patrol positions, 7 are probationary, meaning that 7 of our 16 patrol officers have been working for the city for less than 18 months. This translates into an enormous effort in hiring, training and integrating new people into both the department and community. Currently we are awaiting the draft report from our consultants (PERF). Following their departmental and community assessment, PERF will be offering a number of recommendations regarding our police structure and operation. I count on this report to provide creative & industry-sound suggestions which we can review and adopt as appropriate. Public Works Public Works operations divisions are responsible for the overall operation of the water and waste water plants, distribution and collection facilities, streets, and storm drains. They respond to citizen complaints and perform maintenance activities as required to keep the infrastructure functioning. There is some capacity to respond to emergencies and unanticipated maintenance needs. However, additional workforce needs in the divisions have been identified and it is not reasonable to expect the operations divisions to absorb additional significant duties. Fortunately, the Council Goals only require major involvement from Public Works Operations in only one area: Energy Conservation (Goal 5, Items 5c and 5e). This is addressed below. The administration and engineering divisions are responsible for general direction and oversight of the department, engineering and management associated with the capital improvements program, and staffing a number of City committees. The department director is currently on active duty in Iraq. Some administrative staff members are currently taking work home to meet deadlines on work assignments. Engineering is engaged in a significant capital improvements program. Many of these projects involve outside consultants. The outside consultant contracts and construction contracts require management by division personnel. It is safe to say that the current base workload does not provide capacity to take on more significant projects. This condition is likely to last for at least the next two years. Page 6 of 43 Goal #1 Effectively use, clarify, and/or establish community growth (jobs and housing) management tools/strategies to resolve competing values and opportunities. (community 'foot print"; sustainable; multifunctional and viable centers) Priorities/policies/project (2 years) a) Review annexation and re-zoning. Achieve desired energy efficient results of annexation. b) Define "family friendly" housing and give suggestions for accomplishing c) Define "density bonuses" and effective use of it d) Identify ways that City inadvertently is an impediment to business opportunities (include Inventory and Analysis of special designations) e) Training for Council, commission members, and volunteers about comprehensive plan f) Review in-fill policy for possible alternative strategies to accomplish or mitigate Responsible Department (la, Ib, lc, Id, Ie and If): Community Development Understanding of Goal # 1 New and existing Comprehensive Plan goals and policies would need to be evaluated in light of influencing community growth management strategies, while considering competing values and opportunities related to family wage job creation and work force housing. The likely tools and activities available to the Community Development Department for implementation of this goal include: ../' Amendments to land use approval criteria with respect to Annexations and Zone Change requests. This could include defining and codifying into the land use ordinance elements associated with family-friendly housing, family-wage jobs, energy-efficiency standards, etc.; ../' Use of City appointed task force(s). Public discussion needs to occur in order to flush out questions and concerns related to in-fill and the City's historic desire to make efficient use of its land base, while maintaining a compact community footprint that provides a solid foundation for comprehensive transportation planning. A similar task force could be used to identify real and perceived impediments to attracting business opportunities of a scale and design commensurate with community values. ../' Adoption of neighborhood plans (similar to North Mountain Plan) for larger undeveloped tracts of land within and outside the City Limits. Such candidates would likely include the area north of Normal Avenue, between Walker and Clay Street, as well as the Croman Mill and Railroad properties. ../' Evaluate training opportunities for Council, Planning Commission and other citizen committees. Monthly study sessions could provide an opportunity for such discussions. Page 7 of 43 Estimated Costs Completion of this goal relies heavily upon the dedication and availability of staff. Some Comprehensive Plan and Ordinance Amendments could be executed during implementation of the recommendations associated with the Land Use Ordinance update. Siegel Planning Services is under contract to identify inconsistencies in the existing Land Use Ordinance and suggest possible revisions to improve clarity, consistency and predictability. The Siegel Report will be presented to the Council in early Spring 2006. The report estimates that adoption of the proposed revisions will take at least nine (9) months. Expediting the adoption of Comprehensive Plan policies, Land Use Ordinance Amendments and Neighborhood Planning Overlays relevant to achieving the stated goal could be expedited through the use of private consultants. Approximately $] 00,000 was budgeted for 2005-2006 for personal services contracts to carry out the Community Development Organizational Audit, Land Use Ordinance Review and Downtown Plan- Phase]. It may be difficult to count on a comparable amount given the competing interest of moving ahead with the Downtown Plan - Phase II. The estimated cost of the Downtown Master Plan - Phase II ranges from $] 75,000 to $400,000. Funding will need to be discussed as part of the 2006-2007-budget process. Personnel time Once the Department is up to full staffing levels (i.e. July/August 2006), it is estimated that approximately].O FTE would be available to engage in work associated with long- range planning efforts. Alternatives Specialized task forces, appointed by the Mayor, will likely improve the process and produce better results that have community support. Such task forces, however, do not always expedite the process or production of final reports, neighborhood overlays, Comprehensive Plan and ordinance amendments. Trade-Offs If the Council would like to aggressively pursue the complete accomplishment of this Goal over the next two-years (July 1, 2006 - June 30, 2008), it would likely result in the following trade-offs: .,/ Implementation and adoption of the suggested revisions in the Siegel Report (i.e. Land Use Update - Phase I) would likely have to be spread out over 24-months, rather than the projected nine-month scenario. Page 8 of 43 ./ The development and completion of the Downtown Master Plan - Phase II ~ would likely be spread out over the next 24-months, rather than the projected 12 to 15 months. ./ Economic Opportunities Analysis for the Croman Mill and Railroad properties would be spread over the next 12 to 15 months, rather than nine-months. This would move the estimated completion date to approximately July/August 2007. ./ Time line for the implementing the recommendations of the Community Development Department Organizational Audit would likely need to be adjusted. ./ Work related to the adoption ofa Dark Sky Ordinance would not commence until after July I, 2008. ./ Existing 2005-2006 Council Goals identified beyond the July 2006 - June 2008 period would not be advanced by the Community Development Department without Council direction and approval. Secondary Department (1a): Electric/Conservation Understanding of Goal # 1 When the City annexes land we have broad powers to set conditions which could mandate that . all new homes be built to Earth Advantage standards. We estimate that about 20 hours of staff time is involved in modeling and certifying an EA home. Therefore if a total of 50 homes were built under the program a maximum of 1000 staff hours would be needed. However, depending on how many homes are included in each development, it may be possible to reduce this time requirement, as modeling each home may not be necessary and inspections of homes located in one development often times could be grouped together. Other economies of scale might also be achieved in other ways to reduce these costs. Based on our current rebates levels of $1 ,000 for each EA home, a cost of $50,000 would also be incurred under this scenario. However since we could mandate these requirements as a part of annexation these incentive payments could be eliminated. Also, we are currently working with BP A to try and get them to fund a portion or all of the EA incentive costs as a part of their regional conservation initiative. Page 9 of 43 Goal #2 Facilitate the development of affordable/workforce housing, netting at least 200 units by 20] O. (diversity; opportunities; safety, community) Priorities/policies/project (2 years) a) Establish a housing trust fund b) Identify public/private/other agency partnerships c) Establish employee-housing or employee assistance programs. Alternative cost, trade-offs d) Review salaries/policy of employees relative to Ashland housing costs e) Conservation opportunities; what and how much can we accomplish with our 200 units Responsible Department (2a, 2b and 2e): Community Development Understanding of Goal #2 The creation or retention of affordable/workforce housing units is the purpose of this goal, which includes a target number (200) and completion date (2010) as performance measures of success. Further the establishment of a Housing Trust Fund and continued efforts to create housing through public/private partnerships are prioritized. Both the establishment of a Housing Trust Fund, and the development of partnerships are tools ultimately intended to facilitate the creation of affordable/workforce housing. As the terms "affordable housing", "low-income housing" and "workforce housing" have different meanings it would be valuable to further refine the terms by corresponding income ranges to ensure the Council Goal is addressed appropriately. To implement this goal the Community Development Department activities would include: ./ Defining workforce housing parameters · Income range, diversity, community need · Needed housing types (rentals or ownership). ./ Establish a Housing Trust Fund · Define Housing Trust Fund Uses and Programs through consultation with citizens, housing providers, developers, social service providers, and elected and appointed officials. · Establish award process and criteria for distribution of Trust Funds · Establish administrative responsibility to oversee the operation of the Trust Fund · Determine and secure an ongoing (sustainable) funding sources to maintain the viability of the Trust Fund. · Adopt ordinance establishing the Housing Trust Fund through public review process · Education/campaign to obtain voter endorsement of any funding stream that requires such. Page 10 of 43 ./ Facilitate Public/Private Partnerships · Work with housing providers to develop property purchased in part with City funds (CDBG, General Fund) · Coordinate with Other local institutions (ASD, SOU, OSF, ACH, etc) to develop workforce housing · Encourage private sector sponsorship of affordable/workforce housing Estimated Costs Direct subsidy to affordable housing projects is presently limited to approximately $210,000 per year (CDBG) and .75FTE ofthe Housing Program Specialist. The typical amount of subsidy per unit the City has contributed to housing projects in the recent past is approximately $50,000 per unit directly subsidized by the City, with additional subsidies received from the State or Federal Government. To directly subsidize all 200 units the City would have to anticipate a cost of approximately $10,000,000 at today's subsidy rates. However, it is understood that the City would not directly subsidize all units in the goal of 200. Rather Land Use regulations for zone changes, annexations, condominium conversions, and large-scale development have provisions requiring the private developers to provide affordable housing units. These land use related affordable housing units generate between 15-35% of the development as low income (60% area median income) or workforce housing (120% AMI). To accomplish the development of 200 such units through land use regulations alone would require the approval of zone changes and annexations that include a total of approximately 120 - 270 units per year. The range is dependant upon the targeted income level, 270 units necessary if only 15% are to be at or below the 60%AMI level, 120 units per year necessary if35% of the total units are to be at the 120%AMI level. It is important to note that the City of Ashland historically has had only 120-150 new residential units added each year within the existing City Limits and the public need criteria (five year supply) has functioned to limit annexations and zone changes in the past. The land supply designated as multifamily land is diminishing, and thus the potential implications of using affordability requirements within the land use ordinance to address this goal are that the City may be in a position to examine the potential for UGB expansion and/or further incentives to create affordable housing. It is likely a combination of land use criteria and direct subsidy will be employed to address the goal of retaining or creating 40 units per year. Given that existing Land Use regulations available to promote affordable housing have not prompted the development of 200 units in 5 years, to accomplish the stated goal it may be necessary to re-examine and modify existing land use ordinances to further promote the development of affordable housing by the private market. Land use requirements alone will not likely accomplish the goal, and the limited CDBG subsidy provided for affordable housing is insufficient to create more than 3-5 units Page 11 of 43 annually. Thus an additional amount of subsidy will be necessary to meet the goal. Assuming up to 20 units per year are created through land use incentives (greater than the current average over the last 5 years) it is estimated that an additional subsidy to fund 15-20 units would be needed. Using an average subsidy of $50,000 per unit this extrapolates to a cost of $750,000-$1,000,000 the first year, with that amount and increasing annually by the percent of increase in of construction and land costs. Personnel time The Housing Program Specialist currently undertakes the task of creating affordable housing. Currently the Housing Program Specialists time is allocated with approximately: ./ 15% being used to respond to citizen, developer, media, and affordable housing developer inquiries ./ 20% in direct support of the Housing Commission and its subcommittees including education and outreach ./ 20% in research and development of ordinances, resolutions, and contract development (resale restrictions, fee waivers, income qualifications etc) related to affordable housing ./ 5-10% of his time is spent coordinating with local and regional organizations ./ 35% of his time is dedicated to administration of the Community Development Block Grant (CDBG) Program. The CDBG program administration time has been reduced to the minimum and cannot be reduced further. ./ The development of a Housing Trust Fund, would require approximately 25% of the Housing Program Specialist time in addition to the ongoing activities undertaken in support of the Housing Commission goals. ./ Legal Department and Finance Department assistance would be imperative to establish . the legal and financial frameworks for administration of the trust. These Departments would have to assess the time necessary to undertake their responsibilities. Alternatives The examination of existing land use ordinances is work currently being undertaken by the Housing Commission and it is anticipated that such efforts will require: ./ 10% of the Housing Program Specialists time through suggested modifications and adoption. ./ Planning personnel in undertaking examination of annexation and zone change ordinances, Goal 1 a - as they relate to energy conservation, some of the process of evaluation could incorporate additional recommendations intended to promote affordable housing. Trade-Oils The 'discretionary' items currently undertaken by the Housing Program Specialist that could be reduced or eliminated to create the additional time necessary to expedite the Page 12 of 43 development and implementation of a HTF and administer an increase in affordable housing projects include: y" Regional coordination activities (Jackson County Housing Coalition, Southern Oregon Housing Resource Center, Housing Alliance, Jackson County Continuum of Care Consortium) and a reduction of time spent on education and outreach activities (workshops, presentations) unrelated to the development of a Housing Trust Fund. y" Direct responsiveness to Housing Commission and Council requests (for information or specific activities and research) not outlined within a scope of work to address the Council Goals The purpose of reducing efforts associated with the above items would be to allow consistent and systematic focus on the Housing Trust Fund Development, contract development and review, and implementation, award processes, and administration of new and existing affordable housing projects.. The 35% of the Housing Program Specialists time currently dedicated to CDBG related activities is currently the minimum necessary to administer the program and is thus non- discretionary. The Housing Program Specialists workload estimates do not factor in an amount of discretionary time that allows the Housing Program Specialist to accommodate new activities identified by the Housing Commission during the course of a year. To have the flexibility to be responsive to opportunities approximately 5-10% time allowance should be considered. ./ Existing 2005-2006 Council Goals identified beyond the July 2006 - June 2008 period would not be advanced by the Community Development Department without Council direction and approval. Responsible Department (2c and 2d): Human Resources Understanding of Goal #2 As I understand this project, it is a component of the overall Council Goal of facilitating the development of affordable/workforce housing, netting at least 200 units by 2010. Human Resources can assist and support the Housing Program Specialist with this goal by being the point of contact for City of Ashland workforce housing issues. I view this as a multiple phase proj ecL Phase I - Survey of current City workforce to determine the housing needs and preferences. This could be absorbed by current staff and resources in the Page 13 of 43 upcoming Fiscal Year by staggering other projects to accommodate this one. It is possible that Fannie Mae can assist in developing the survey with Human Resources being the conduit. If the survey indicates that a large portion of our workforce desires to live in Ashland but cannot afford to, we would move to Phase II. Phase II - Research other successful employer-assisted housing programs and develop a model program that would work for City of Ashland employees. This would take considerable more staff time m exactly how much is difficult to quantify at the onset. Phase II could not be completed until the second year, and would require additional resources. Phase III - Upon approval and direction of the Mayor and Council, a pilot of the City of Ashland employer-assisted housing program could be implemented. This would take significant financial resource dedication and would require staff time from other departments such as Legal, Finance and Community Development. Estimated Costs Phase I could be absorbed within current budget with no additional costs. Phase II would require additional staff resources, or offloading of some Safety/Risk Management responsibilities in the upcoming year. Phase III would require significant budget and resource dedication at the direction of the City Council. Secondary Department (2e): Electric Department Understanding Goal #2 The 200 units that would be funded under this type of initiative would incur a maximum of about 4,000 hours of staff time based on our typical EA certification process. However, since the City would be playing a major role in this type of endeavor and also because a standard type design would probably be utilized, we feel that the time commitment could reduced significantly to probably somewhere in the 2500 hour range. Incentives of $200,000 would be incurred if these were single family type structures and we stayed with our current incentive structure. Hopefully BP A would cover a portion of the incentive costs and other creative financing options like zero interest loans could be explored to reduce the portion of the cost not born by BP A. Page 14 of 43 Goal #3 Expand, broaden, and preserve the economic base with year-round employment and family-wage jobs (opportunity; capacity; sustainable; diversity) Priorities/policies/projects (2 years) a) Establish a City economic development commission, alternative strategies for accomplishing b) Identify/recommend policy for point-of-contact with City for economic development c) Identify opportunities for partnership to accomplish economic base expansion, etc. d) Include significant involvement of citizens and diverse stakeholders in "old" action item # 1 i.e. produce a working economic development plan) Responsible Department (3a, 3b, 3c and 3d): Administration Understanding of Goal #3 Administration's understanding of this item is that Council would like the City to take the lead role in Economic Development. Estimated Costs Dedicated staff person: $80K Personnel Time To adequately establish and maintain this project requires a full time dedicated employee. 100% of 1 person, ongoing. Primary Staff City Administrator Alternative If this project were added to the list, council might consider making it a requirement of the new Com Dev director to have experience in economic development or make it a partial responsibility of the Assistant City Administrator or rely on SOREDI or contract with the Chamber. Page 15 of 43 Goal #4 Emphasize the vitality of the downtown area Priorities/policies/projects (2 years) a) Finish Downtown Master Plan b) Evaluate/recommend costs for implementation; commission re-design of downtown plaza c) Funding Strategies for identifying opportunities and/or incentives for conservation measures such as: zero-net-energy project; earth advantage; commercial building (energy efficient); retrofitting d) Library, restrooms, civic center e) Pros and Cons of police sub-station downtown Responsible Department (4a, 4b and 4d): Community Development Understanding of Goal #4 The completion of Downtown Plan - Phase I is identified in the 2005-2006 Council Goals. Phase I is designed to produce a work program (i.e. outline of the process) for the development of a revised Downtown Plan. The Portland-based consulting firm, Crandall-Arambula, has been contracted to compile a work program for Phase II and present it to the Council for adoption. It is projected that the work program for Phase II will be adopted by May 2006. Staff understands that Goal #4 involves the process and document preparation associated with the production of a new Downtown Master Plan. The end product will include a new downtown plan document, as well as associated deliverables (i.e. revised design guidelines & standards, etc.). This goal does not include the implementation of possible capital improvement projects identified as possible action items in the plan. Such projects will staff time and cost associated with design, evaluation and approval of funding sources, permit approval and construction. Many of the projects or tasks associated with Goal #4 will be accomplished through the development and adoption of a new Downtown Master Plan. The approved planning document could be structured to include: ../ Identification of possible funding strategies ../ Identify locations for public rest rooms, police sub-station & future civic center ../ Evaluate current Plaza design and assess alternative location for public spaces (i.e. maintain existing, seek additional public spaces) Page 16 of 43 Estimated Costs The cost associated with the development of a new Downtown Master Plan has been projected to range between $175,000 to $400,000. A more specific cost estimate will be identified as part of the development of the work program in Phase 1. Currently no funding has been identified for the development of the Downtown Master Plan - Phase II. If Goal #4 is a priority, funding for the development ofa new Downtown Master Plan document will need to be identified during the 2006 -2007 annual budget process. The goal also identified the task of commissioning are-design of the downtown plaza. Funding for the design time associated with this effort has not been factored into development of the Downtown Master Plan - Phase II. Similarly, while ideal police sub- station locations could be evaluated and incorporated as part of the Downtown Master Plan - Phase II, funding for capital construction or the lease of space would be beyond the scope of the project and the tasks performed by the Community Development Department. Personnel time At the January 26th, 2006 workshop with the Downtown Planning Committee, George Crandall stated that the process associated with development of the Downtown Master Plan would take approximately nine (9) months and would not involve a significant amount of staff time. Given the nature of the Ashland community and other projects that compete for public involvement opportunities, this schedule seems overly optimistic. It is estimated that at least .25 FTE will be dedicated toward Project Management and other duties related to the completion of the Downtown Master Plan over the next 12 to 15 months. Many City projects and issues compete for public meeting time. Consequently, given the myriad of issues that surround a downtown planning effort it is overly optimistic to conclude that a new Downtown Master Plan would be ready for adoption within a 9-month scenario as described by the Crandall-Arambula. The nature and volume of possible deliverables resulting for the Downtown Planning process (i.e. Downtown Guidelines, Design Standards, Plan and Ordinance Amendments) would likely effect the cost and timeline for this project. Trade-Offs An aggressive timeline for completing Goals #1 and #2, it would likely result in the following trade-offs: ../ The development and completion of the Downtown Master Plan - Phase II - would likely be spread out over the next 24-months, rather than the projected 12 to 15 months. Page 17 of 43 ./ Existing 2005-2006 Council Goals identified beyond the July 2006 - June 2008 period would not be advanced by the Community Development Department without Council direction and approval. Responsible Department (4c): Electric/Conservation Understanding of Goal #4 The City has a wide array of energy efficiency programs that addresses almost all end uses for electricity in the City. We don't have a zero net energy program and new commercial building do need more emphasis. City staff would be able to investigate various ways to add and strengthen our offerings in these areas with our existing staffing. There will no doubt be costs involved in acquiring conservation in these areas if programs are implemented and this would be detailed as a part of these studies. We estimate that about 100 hours of staff time would be required to do this research. Responsible Department (4e): Police Understanding of Goal #4 While this is a broad goal, impacting the entire city government, a specific police contribution was noted. That is: Pros & Cons of police substation. Pros: Visible police location may increase sense of safety & security. Increased police presence does reduce uncivil behavior. Staffed location provides easier access of services for visitors. Physical location does provide convenience for officers assigned to area. Cons: Adds to an already crowded & competitive demand for government space needs downtown. Costly to build, lease and equip. Very costly to staff. Estimated Costs To establish and maintain an effective downtown presence in a sub-station will require 4 additional police officers. Page 18 of 43 Goal #5 Move towards energy and resource independence ~ 2% reduction of electricity over 50 years. (sustainability, conservation, environment) Priorities/policies/project (2 years) a) Deve]op "game p]an" for meeting 2% per annum target b) Identify opportunities and/or incentives for conservation measures such as: zero-net-energy project; earth-advantage; commercia] building (energy efficient); retrofitting c) What's the next step up in green fleet measures? d) What are obstacles and opportunities for weekend services, including services to Medford, etc? e) Eva]uate City facilities for energy conservation and costs to improve f) Eva]uate opportunities for being more conservative in water use (Right water, right use). Beyond 2050 plan? Responsible Department (5a, 5b, 5e and 5f): Electric/Conservation Understanding of Goa] #5 Sa) Develop "game plan" for meeting 2% per annum target. Deve]oping a "game p]an" for meeting a 2% reduction in electricity purchases each year for 50 years is an extremely aggressive goal. Our current peak demand is growing at about 1.5% in the winter and 3% in the summer. With the recent increases in natura] gas prices we could see even greater increases in electric load growth over what has occurred during the last six years. The City's actual electric power consumption for the last 6 years is as follows: 2000 169,662,420 kWh's 2001 168,026,070 kWh's 2002 170,059,545 kWh's 2003 171,930,200 kWh's 2004 173,821,432 kWh's 2005 177,794,000 kWh's This represents about a 1 % annual growth in electricity consumption. In order to meet the Council go a] of a 2% reduction in the amount of purchased electricity from BP A, a 3% reduction oflast year's 177,794,000 kWh's in the consumption would be needed. This would equal 5,333,820 kWh's annually. Ifwe assume Y2 of this amount is acquired through generation and Y2 is acquired by conservation, we would incur the following kind of costs: Page 19 of 43 Generation 2,669,910's kWh of new generation is needed. The 15 kW police station solar system has produced about 129,088 kWh over the 5 1'2 years it has been in operation. This equates to about 23,450 kWh's per year. Therefore, we would need a solar system about 113 times the size of the 15 k W solar system located on the police station to produce 1'2 of the target and meet the 2% overall goal. Based on a cost of$6/watt, a 1,695 kW system (15kw X 113) would cost $10,170,000 and this amount of new solar cells would need to be added annually to continue to produce half of the yearly target via solar generation within the City each year. Just finding areas large enough to host this generation would also challenging. Our current wholesale power bill from BP A is about $6,900,000 per year for Power and Transmission. The reduction that would occur from this amount of solar generation would result in a wholesale bill savings of about $103,500 annually. Conservation To acquire the remainder of the target with Conservation would, according to the NW Power Planning Council, incur an average levelized cost of $.024/ kWh or about $2,200,000 per average megawatt. The 2,669,910 kWh's represents about 30% of an average megawatt so it would cost us about $660,000/year in additional conservation costs. Since this is about 2.6 higher than our existing conservation incentive budget which is administered by a staff of 1.75 FTE' s, we would estimate at least an additional 2 FTEs would be needed to implement these programs. This would add about an additional $160,000/ year in salary and benefits annually in order to acquire this conservation resource. These numbers are just a very quick analysis and obviously can dramatically change if some of the base assumptions are changed, or the mix between conservation and solar is weighted more heavily toward conservation. The City is very lucky to be able to utilize federal hydropower resources that are available from BP A to meet our wholesale power supply needs. Other areas of the country and even areas of the region not served by Public Power would be extremely happy to get the benefits available to the City through our relationships with BP A. The City has been aggressively operating Conservation programs for nearly 25 years now, so to ramp to these higher levels and continue these higher levels for 50 years isn't possible. Taking all this into account and also considering the high cost of implementing this goal, makes it appears that this goal is unachievable in its present fonn and needs to be modified to be something that is more realistic and affordable. We would therefore like to suggest the following goal that is more achievable, affordable and would make sense for the City to pursue. Page 20 of 43 "The City, through a combination of local renewable generation, conservation, the purchase of Environmentally Preferred Power (EPP) from BPA, and the purchase of other renewable resources should strive to ensure that all new electric load growth beyond 2007 is carbon neutral." This goal would give us an incentive to pursue conservation activities to the maximum extent possible to reduce future load growth. Nex.t we would acquire local generation within the City, pursue cost effective regional and local renewable resource generation projects and then purchase EPP from BP A to make up the difference in annual load growth. The City of Seattle's Municipal Utility recently announced a goal along these lines as something they are pursuing and to my knowledge the City would be the first Oregon utility to adopt this goal. This goal also fits in well with the current regional decision making process which could result in allocation of the Federal generation on a prorated basis to each utility in 201 1. 5b) Identify opportunities and/or incentives for conservation measures such as: zero-net- energy project; earth-advantage; commercial building (energy efficient); retrofitting. The City has a wide array of energy efficiency programs that addresses almost all end uses for electricity in the City. We don't have a zero net energy program and new commercial building do need more emphasis. City staff would be able to investigate various ways to add and strengthen our offerings in these areas with our existing staffing. There will no doubt be costs involved in acquiring conservation in these areas if programs are implemented and this would be detailed as a part of these studies. We estimate that about 100 hours of staff time would be required to do this research. 5e) Evaluate City facilities for energy conservation and costs to improve. The City will be able to provide staff to provide energy and water audits to all City facilities using existing staff within the first 6 months ofFY 06-07. 5f) Evaluate opportunities for being more conservative in water use. (Right water, right use). Beyond 2050 plan? City staff will be presenting a paper to the Mayor and Council within the next 4-6 weeks that will detail the current status of our water conservation activities and whether we are on track to meet the 2050 plan's water conservation targets. This analysis will not only include existing programs but will also address future activities and try and assess the amount of savings that could occur by implementing them. One area that warrants further assessment outside our current efforts would be to provide better utilization of the existing Talent Irrigation District System and possibly expand its use by acquiring more water for the system and also invest in ways to use the existing resource more efficiently. Staff feels this is an appropriate 'activity to pursue and estimates that we could contract with an outside consulting firm for $20,000 to $30,000 to work on this issue. This study could analyze at a minimum, piping and other conservation actions, lack of metering, Page 21 of 43 facility ownership, water rights availability and the costs to implement any recommended activities. Responsible Department (5c, 5e and 5f): Public Works Understanding of Goal #5 5c) The next step in green fleet measures. The department has a clear understanding of the goals to have an equipment fleet which is as economical and environmentally benign as it can be. This has been a "project without a name" that the department regards as an ongoing responsibility. Recently, Council has given this initiative a boost in priority. It is important to develop plans to take this initiative to the next level. This project will be undertaken within the Fleet Operations division. A temporary assignment was made in that division to fill the Maintenance and Safety Supervisor position. Until the permanent department director returns this division manager will be on temporary assignment. The division will be shorthanded until that time. Given current workloads and the current temporary assignment, it is not reasonable to expect the division to take on a project right now that goes beyond the ongoing effort to improve fleet efficiency. When the director returns and permanent assignments can be made within Fleet Operations (less than a year) it will be possible to develop the next steps toward accomplishing the green fleet initiative as envisioned by Council. Until that time it is not possible to identify costs or time commitments. 5e) Evaluate city facilities for energy conservation measures. Building operations and maintenance efforts are conducted under the leadership of the Maintenance and Safety supervisor. The situation with personnel assignments described above is an obvious obstacle to moving forward at this time. Responsible Department (5d): Administration Understanding of Goal #5 Admin understands this to mean the council would like the community to have extended evening and weekend bus service not only in Ashland but to and from Medford and to explore the various opportunities and challenges... Page 22 of 43 Estimated Costs The TTPC plan from 2000 estimates that $1.5 - $2 million would be needed for a transit program with no fare service, expanded hours and expanded routes (current costs $290K plus approximately $lOOK in MPO Ashland funds) Personnel Costs Getting RVTD to expand hours of operations will require some regional political pressure. For staff it is about building relationships, establishing a presence with RVTD board/staff and participating in regional transportation meetings, communicating Ashland's needs. . . Staff commitment possibly 12% of 1 person initially and gradually growing as project becomes more of a reality. Primary Staff Management Analyst Alternatives Consider establishing Ashland transit to augment, supplement current RVTD services e.g. in town shuttle services, jitneys, "fun to ride" smaller buses all ideas identified in the TTPC. The challenge of funding remains. Page 23 of 43 Goal #6 Improve community ability to prevent, respond to, and maintain services in the ev.ent of emergencies (safety; sustainability) Priorities/policies/projects (2 years) a) Develop long-tenn funding strategies for CERT and equipment b) Compile "lesions learned" from drills; recommend policies as necessary c) How can we help Forest Service with fuels-reduction in watershed? Funding/project support. d) Continue #19 on "old list" (i.e. establish stronger, fonnalized role for City in stewardship of entire Ashland watershed e) What will it take to operate our grid in case of a regional grid failure? (solar powered vehicle) Responsible Department (6a, 6b, 6c, 6d): Fire Understanding of Goal #6 6a) Develop Long-Term Funding Strategies for CERT and Equipment. a) Provide for continuity of program coordination and development by converting .63 FTE to 1.0 FTE. b) Insure that required community CERT bases are established and adequately equipped. c) Continue to aggressively pursue Citizen Corps grant funds where available. Estimated Costs Increase in program coordinator's position from part-time to full-time will increase the fire department EMS Division budget by $20,000 annually. CERT equipment funding is adequate at present level of appropriation. Personnel Time Personnel time necessary is met by increasing CERT coordinator hours from 25 hrs per week to 40 hrs per week. Primary Staff CERT Program Coordinator / Division Chief - EMS Division Alternative None noted. Page 24 of 43 6b) Emergency Preparedness: Exercises, After-Action Reports and Policies a) Provide regular community-wide emergency preparedness exercises. b) Insure that "after-action" reports are completed and forwarded to City Council. c) Make recommendations on future improvements, and remedial corrections where necessary, in City emergency preparedness capability. Estimated Costs Current appropriation level within the Fire Operations Division budget should be sufficient to support EOC functions, identified enhancements and cover exercise expenses. Personnel Costs Staff time is distributed across several departments for conducting exercises and has been limited to approximately 10 hrs per year per participant. Primary Staff Fire Chief, City Emergency Management Team and selected support staff. Alternatives None noted. 6c) Assist USFS With Funding & Project Support For Watershed Projects Estimated Costs Costs will be dependent on degree of City interest in funding the collection of additional forest resource data, inventories and monitoring activities critical to the City's interests in current and future USFS projects in the Ashland Watershed. These costs may run $30,000 to $60,000 per year if grant support cannot be secured. Personnel Costs The on-going commitment of our City Consulting Forester to USFS projects on federal lands in the Ashland Watershed will result in approximately $25,000 annually in billable hours under current contract. The continued commitment of Fire Chief in Watershed program management functions will result in 35% of total work hours, or approximately $40,000 annually. Primary Staff Fire Chief, Clerk II, Consulting City Forester, Ashland Forest Lands Commission and community members. Alternatives None noted. Page 25 of 43 6d) Establish A Stronger, Formalized Role For City In Stewardship Of Entire Ash/and Watershed. a) Propose amendments to USFS / COA MOU. b) Development of the Community Wildfire Protection Plan Alternative. c) Creation of AFRCAT committee as technical advisor to USFS For AFR. d) Promote development of monitoring plans for COA / USFS forest lands. e) Development of a riparian management strategy for COA forest lands. Estimated Costs Material costs have not been significant. Personnel Time City Personnel time to date has been significant with regard to meetings, GIS work and coordination. City Consulting Forester time commitment to date has been approximately $ I 5,000 in billable hours. Primary Staff Fire Chief, Clerk II, Consulting City Forester, Ashland Forest Lands Commission, community members. Alternative None noted. Responsible Department (6e): Electric/ Conservation Understanding Goal #6 6e) What will it take to operate our grid in case of regional gridfailure? (solar-powered vehicle) The City's current operating procedure with respect to emergency electrical outages is to utilize backup fossil fueled generation for critical loads. We currently have diesel generators at 90 N. Mountain, the Waste Water Treatment Plant, the Water Treatment Plant and four portable generators for our sewage lift stations. In addition, we have natural gas fuel-back up generators at City Hall, the Police Station, and both Fire Stations. In addition, both Ashland Community Hospital and Oregon Shakespeare Festival have natural gas fuel backup generation. To try and keep the grid active during an outage is not feasible as there is no source generation within the City that could be used for power supply. The City's solar systems on both the Civic Center and the Police station have no battery backup systems or inverters which are designed to provide power in the advent of grid failure. Page 26 of 43 The City's hydro generation which is located at the City water treatment plant site can produce about 600 k W of power depending on water usage. Back in 1997 the City experimented with trying to utilize that resource to power the Water Treatment Plant in the event of a power failure to the plant. These experiments were unsuccessful because the quality and frequency of the power produced was not acceptable to operate the equipment at the plant and could result in damage to the plant's equipment. Since then, a 350kW diesel powered generator has been installed as a backup supply. This generation can operate 24-48 hours per 500 gallons of fuel and has a tank of 500 gallons in size. For extended outages the tank could be refilled assuming the plant is accessible. In addition, the old line that was built around 1910 that serves the Water Plant will be replaced soon with a new underground feed that is currently being installed as a part of the new water line installation. The old line will remain as a redundant feed to the plant that can be used if a disruption to the new line were to occur. A solar powered vehicle was also mentioned in the goal but there was very little information as to how the vehicle would be used. A mobile PV powered vehicle would probably need a large set of storage batteries because a solar array that could be deployed in a mobile manner wouldn't be able to have much generation capacity and therefore would need to utilize a battery storage system that would be large enough to accomplish the tasks that would be envisioned by the Council. If information is provided that defines the proposed use of this type of vehicle we would be happy to try and identify the cost of outfitting such a vehicle. Page 27 of 43 Goal #7 Provide for fiscal responsibility by identifying, maintaining and establishing future revenue sources; seeking and implementing cost savings (opportunities, public health, outdoor, capacity, sustainability) Priorities/policies/projects (2 years) a) Establish task force or to evaluate funding/revenue opportunities. (food and beverages) b) Establish task force, with public participation, to reduce AFN debt. Responsible Department (7a and 7b): Administration Understanding Goal #7 Administration's understanding of this goal is that council would like to have citizen involvement and a task force strategy to determine what action should be taken with the food and beverage tax sunset and to determine how government should reduce AFN debt. Estimated Costs a) $3000 (meeting space, outreach, advertising) b) $3000 (meeting space, outreach, advertising) Personnel Costs a) 10% of 1-2 people for 1 year (research minute taking, report writing, meeting coordination, data gathering/compilation etc.) b) 10% of 1-2 people for 1 year (research minute taking, report writing, meeting coordination, data gathering/compilation etc.) Primary Staff City Administrator Alternatives For both a and b make this a council discussion and decision not a task force and solicit public input through the current process of public hearing/public forums, web survey etc. Page 28 of 43 Goal #7 cont' d Secondary Department (7a and 7b): Finance Understanding Goal #7 To the Finance Director this translates into two focused projects aimed at helping to maintain the financial viability of the city. I believe much of this is done during the annual budget process but that Council is considering a different approach done independently. Tools already in place to assist with this include the budget process, established financial management policies including fund balance minimums, information from several previous reviews of revenue potentials and the data discussed above (prior year Goal #25) relating to performance measures and efficiencies. These require staff time to support, document or implement. Task forces can be (and have been) used to generate ideas of where "more money" can be "found" based upon specific uses that were warranted (Parks land, AFN, affordable housing, Ski Ashland, etc.). Usually there is a need for an "expert" to speak to the potential and likely barriers to implementation. 7a) (Revenues Focus) would consist of the following: I. Inventory existing and potential revenue sources 2. Define them, identifying their potential, characteristics, requirements for implementation and/or susceptibility to change 3. Develop strategies for (a) implementing new revenue streams and (b) maintaining ongoing revenue streams. 4. Implement accepted strategies 5. Review and upd~te annually. Estimated Costs Depending on the self sufficiency of a task force to do this, working independently, using existing information and tools available, then only manager time would be required to participate in their meetings as long as no minutes are needed. Personnel time I would estimate that there would be at least 8 hours of the Finance Director time spent on this each month the task force operates. The director would have to review output of the group and respond to inquires. As long as the group only needs help from "exempt from overtime employees" cost will be minimal. Page 29 of 43 Alternatives The city can: · Hire a consultant to do the review and report directly to Council. Cost may be around $10,000 for the consultant and still will require staff time to provide data, be available to meet and respond to questions. · Hire added staff to work in this area (.25 FTE) · Direct staff to pursue this project in preparation of the annual budget process. 7b) (Expense/Cost Savings Focus) would consist of the following: 1. Identify opportunities of cost containment through changes in levels of services, cost containment or efficiencies 2. Evaluate opportunities to determine feasibility, cost-benefit and priority 3. Develop strategies for implementing changes 4. Implement accepted strategies 5. Review and update annually. Estimated Costs Although an independent task force may be able to do much of this project, I believe it differs from the revenues project in that so much of this is reliant on internal business experts to provide data, answer questions, evaluate options, design strategies and perform implementation. This means, for any group to evaluate things discussed, it will require significant participation of staff. Unless there are available hours from departments to work on this, the cost for this action will be the value of delayed or cancelled work. Personnel time I would estimate that there could be 16 hours of the managerial time spent on this each month the task force operates. Managers would have to review output of the group and respond to inquires and then work with their business experts to evaluate the cost and benefit of proposed changes. Depending on the number of changes and the complexity of their implementation, the cost of the work or "shifted tasks" could be considerable. Page 30 of 43 Other projects/policies not tied to Goals 1. Establish Public Safety Commission Responsible Department: Police Resolution prepared and awaiting submission to council. Suggest that council defers until after PERF report received and evaluated. Estimated budget for commission: $1500 Staff time can be absorbed in baseline tasks. 2. Do systematic neighborhood review for safety improvement opportunities Responsible Department: Police Will provide response at February 10 Session. Secondary Department: Fire a) Review all neighborhoods within the Urban-Wildland Fire Zone for compliance with Fire-Wise domestic vegetation recommendations. b) Survey all neighborhoods for compliance with fire department emergency access requirements, ie: street & alleys, parking, encroachments, other clearances. c) Review all buildings for compliance with maintenance requirements for fire sprinklers, standpipes and connections, and alarm systems. d) Review all neighborhoods for compliance with Oregon Fire Code requirements for storage of Hazardous Materials, combustibles, Liquefied Petroleum Gas and processes associated with home-based businesses. e) Inspection of eating, dining and drinking establishments throughout the City that experience peak occupancy during holiday events, ie: Halloween, Festival of Lights, etc. Estimated Costs: Material costs would not be significant. Personnel Time: This goal could not be accomplished with current staff and would require 1.0 FTE at an annual cost of $80,000 salary & benefits. Primary Staff : Fire Marshal, additional Fire Inspector FTE Third Department: Public Works Will provide response at February 10 Session. Page 31 of 43 3. Charter Review Process Responsible Department: Administration Administration's understanding of this project is to continue providing information to the council until council decides to place the issue on the ballot or table the project. For planning purposes we anticipate this project to be completed this fiscal year. Estimated Costs $5000 (ballot measure language) Personnel Costs 10% staff time for remainder of fiscal year. Primary Staff Management Analyst Alternatives None 4. Complete Land Use Ordinance update Responsible Department: Community Development Will provide response at February 10 Session. 5. Formalize "Meet the Mayor" program. Costs and Structure? Responsible Department: Administration Administration's understanding of this project is to facilitate and structure a means for the general public to meet with the Mayor in an informal setting four times per year. Estimated Costs $3000 (space rental, advertising, refreshments, printed materials) Personnel Costs 5% of I person for 2 years. Primary Costs Management Analyst Alternatives ? Page 32 of 43 6. Formalize "Town Hall" program Responsible Department: Administration Admin is unclear as to what this means Estimated Costs Personnel costs Primary Staff Management Analyst Alternatives 7. Infrastructure management is adequate. Streets: maintenance needs. They will be coming to council to describe more fully in March. Drainage across private property... how to deal with these Responsible Department: Public Works Will provide response at February 10 Session. 8. Meshing commission and council goal-setting. Assumption ofstaffavailable for committees and commissions... clarifY this Responsible Department: Community Development Will provide response at February 10 Session. 9. Homeland Security issues Responsible Department: Police Identify through council liaison scope of council's interest & mechanism to make reports. No additional cost. Can be handled in baseline tasks. Page 33 of 43 Existing Goals Carried Over 1. Produce a working economic development plan Responsible Department: Administration Understanding of Existing Goal Administration's understanding of this item is to create community discussion to determine community goals for economic development resulting in an economic development plan which focuses on the economic development activities/desires within the community. Estimated Costs $5000 (community meetings, advertising, outreach, data capture/compilation) Personnel Costs 20% of 1 person for I year. Primary Staff City Administrator Alternatives Role this item into new council goal #1. 2. Continue to provide information to the community and foster discussion on growth and planning issues, with an emphasis on historic preservation, annexation requirements, State land use law, infill policy and impacts related to density, rate of growth, development standards, and processes. a) Refine and create program to educate the public about State land use laws and what the City has done to slow growth b) Review in-fill program as it relates to already densely populated neighborhoods. Responsible Department: Community Development Will provide response at February 10 Session. Page 34 of 43 3. Complete revision of downtown plan Responsible Department: Community Development Will provide response at February 10 Session. 4. Establish formal public involvement policy by 2006 a) Increase the level of effectiveness with which the Council and Commissions influence planning policies and challenges and increase public acceptance and engagement in directing the City's urban landscape b) Results in a process that meets LCDC Goal #1 Participation Goal Requirement to increase public acceptance and engagement in directing the City's urban landscape Responsible Department: Community Development Will provide response at February 10 Session. 5. Complete Riparian Ordinance Responsible Department: Community Development Will provide response at February 10 Session. 6. Adopt dark sky Ordinance to reduce light pollution on public and private property Responsible Department: Community Development Will provide response at February 10 Session. Page 35 of 43 7. Develop urban forestry plan Responsible Department: Community Development Will provide response at February 10 Session. 8. Improve public trails system by developing a comprehensive trails plan that addresses minimizing public and private conflicts in cooperation with the Parks Commission a) Include Bear Creek Greenway (dog park to Mountain Ave. park). Plan should discuss range of tools to obtain access and ways to estimate construction costs and costs to obtain easements b) Secure a method ofmaintaining the current level of access, natural beauty and value of Bear Creek Greenway c) Research funding source Per New Council Goals: Modify - funding source maintenance green plan Responsible Department: Community Development Will provide response at February 10 Session. 9. Develop a comprehensive public transportation, traffic, and parking plan to reduce pollution and congestion, and to improve Ashland's quality of life a) Secure expanded bus service in Ashland for evenings and/or weekends b) Evaluate TTPC Plan and develop action plan for items adopted. Responsible Department: Administration Understanding of Existing Goal: Administration's understanding of this project is to develop a comprehensive plan for transportation, traffic and parking and develop an action plan for TTPe items. Estimated Costs $2000 (printing) Persollllel Costs Page 36 of 43 10% of2 persons for 2 years. (Likely a combination of Admin staff and Public Works staff) Primary Staff Management Analyst and Public Works Alternatives This item relates directly to the project/priority/policy association with new GOAL Secondary Department: Public Works Will provide response at February 10 Session. 10. Evaluate and create a plan for re-model/replacement of City Council Chamber (seating, sound, design, Web access) Responsible Department: Administration Understanding of Existing Goal: Estimated Costs $30,000 (Architectural concept CIP for FY06) $300,000 (Construction CIP for FY2008) Personnel Costs 5% of I person for five months. Architectural concept will be completed this fiscal year. 10-20% of 1 person for one year Depending on construction/implementation Primary Staff Management Analyst Alternatives None Secondary Department: Public Works Will provide response at February 10 Session. Page 37 of 43 11. Increase safety at Wimer Street/North Main/Hersey Street Inetersection Responsible Department: Administration Administration's understanding is funding must be found to accomplish needed safety improvements to this location. Estimated Costs Minimal (construction, engineering, ROW acquisition is separate) Personnel Costs 5% of I person for I year. Admin staff attends MPO tech meetings and has made a proposal to RV ACT for $1.1 million for this project. Primary Staff Management Analyst Alternatives None Secondary Department: Public Works Will provide response at February 10 Session. 12. Enhance water supply and conservation to meet targets a) Develop citywide focus "the right water for the right use" b) Explore and potentially develop 3- year plan to improve and extend our current TID system c) Negotiate for other water supply options d) Complete pre-design plan for future extension of TAP water line, including priority for conservation e) Pursue water quality and temperature improvements Responsible Department: Public Works Will provide response at February 10 Session. Page 38 of 43 13. Develop a five-year plan to identify, fund and fully integrate all information technology functions within the organization Responsible Department: Public Works Will provide response at February 10 Session. Secondary Department: Computer Services Will provide response at February 10 Session. 14. Establish stronger, formalized role for City in stewardship of entire Ashland Watershed a) Pursue ways to reduce risk of stand-replacing fire in watershed (Municipal and Federal lands) b) Improve the overall management of the Ashland Watershed by working with the Forest Service and continue efforts to reduce the wildfire threat in the watershed a. Lobby for $$$ b. Collect water quality/quantity source data c. Continue community wildfire protection plan d. Review relationship with Mt. Ashland / Ski Area e. QAQC f. Promote and support, with City resources, the implementation of the Ashland Forest Resiliency Community Alternative in collection with Ashland Ranger District of the Rogue River National Forest Responsible Department: Fire Understanding of Existing Goal a) Propose amendments to USFS / COA MOU. b) Development of the Community Wildfire Protection Plan Alternative. c) Creation of AFRCA T committee as technical advisor to USFS For AFR. d) Promote development of monitoring plans for COA / USFS forest lands. e) Development of a riparian management strategy for COA forest lands. Page 39 of 43 Estimated Costs Material costs have not been significant. Personnel Time City Personnel time to date has been significant with regard to meetings, GIS work and coordination. City Consulting Forester time commitment to date has been approximately $15,000 in billable hours. Primary Staff Fire Chief, Clerk II, Consulting City Forester, Ashland Forest Lands Commission, community members. Alternative None noted. Secondary Department: Public Works Will provide response at February 10 Session. 15. Develop performance measures program for all City departments Responsible Department: Finance Understanding Existing Goal This is an ongoing goal and project since 1999 but deserves more time and energy than it is getting. Currently it is scheduled for concentrated effort in the coming budget year. The expectation is that meaningful measures, reported on in a timely fashion, will help in decision making and result in cost savings or added support by the public. Elements of performance measures are presented in the annual budget document but no program that incorporates all departments has been formally adopted or developed. Such a plan will require dedicated staff time from each department (including a project manager from Finance) to identify meaningful measures, develop targets, criteria and methodologies, and organize the program so as to: 1. Identify meaningful areas to measure and the metrics that are important. 2. Report on at least two years of actual performance for each measure. 3. Estimate short-term (and possibly long-term) targets. 4. Monitor performance compared to targets. 5. Make adjustments in operations to meet targets. 6. Monitor impacts of adjustments or improvements. Page 40 of 43 Performance measures are best when they are meaningful to the department AND the reader and they come from base operations requiring minimal additional work to monitor and report upon. Estimated Costs Most of this program must be accomplished through internal staff and changes in priorities. However, shifting workloads will have a cost implication that may best be quantified by the department having to delay or forget doing certain projects in favor of developing and managing performance measures. Internal cost could be in the $25,000 per year range. An expectation is that the cost of the time and expenses invested will yield equivalent or better benefit. Personnel time I believe a lead person in this area could spend up to 25% of their time developing, implementing, and reporting on this program in the first year. Subsequent years would require less time ofthe coordinator and added time from each department. Since much of this work requires advanced accounting, spreadsheet and report writing skills and training, my estimate is $22,500 in direct personnel, benefit and training costs in the finance department the first year and $10,000 in each following year of maintenance and upgrade. For discussion sake, costs for other departments to participate in development during the initial year and to take over management in subsequent years would be the reverse to Finance Department costs, on average. The first year would be approximately $2,500 and grow to $15,000 per year for all other departments combined. Alternatives In 1998 a consultant helped the city develop some performance measure goals that lost momentum once the expert stopped and key staff left. As stated above, the city needs to have these as an important priority and take ownership for the measures to be done and maintained. The city can: · Continue to develop these in the budget process as time allows. · Invest sufficient funds to develop a program, trusting that the benefit derived will surpass the cost. · Wait I to 2 years for organizational changes that may provide discretionary time in Finance and other departments to work on this in earnest. · Stop allocating resources. Page 41 of 43 16. Implement no-cost and low-cost strategies within the Health and Human Services Plan in partnership with service providers that aid in the delivery of services to people most in need Responsible Department: Administration Understanding of Existing Goal Admin understanding of this item is that the council would like the City to implement a means of assisting those in need by compiling all the various sources of assistance into an easily understood and useful single information piece for distribution. Estimated Costs: Minimal (printing) Personnel Costs: Minimal (research, contacting other agencies etc.) Primary Staff: Management Analyst Alternatives: ? 17. Plan and implement a 6-12 month City-wide community visioning process Responsible Department: Administration Understanding of Existing Goal Admin understands this goal to mean a thorough and comprehensive process which engages all levels of citizenry in order to identify community values and then to prioritize actions. Estimated Costs $200K-$250 (based on Tualitin, population $25,000. Initial requirement was $250K, council approved $200K; $150K for process and $50K for advertising, outreach etc. Per Tualitin, "$150K is a bare bones process relying heavily on volunteers and low-tech methods") process involves surveys, public outreach, citizen meetings, consultant assistance, data gathering/compilation etc. Personnel Costs It is likely that a project of this scope would require dedicated staff time of about 30% of 1 person for two years. Page 42 of 43 Primary Staff Management Analyst Alternatives Council might consider trying to accomplish this objective on a smaller scale by using a citizen survey and designing the survey tool accordingly. This might cost $25K _ $30K and require dedicated staff for a much shorter period of time. Possible bring in other partners to help shoulder the costs, Hospital, SOU, Parks, Chamber etc. Page 43 of 43 f}Hc4.6it~+- C,'~c~t rtwA- I V\ '" ~s ~ v...-yy\.~J 0 01 ~ bfv.tU-o'O O),(~'S, Council Goal Settin1?; 2007 Index Title I. Goall "community growth" II. Goal 2 "workforce housing" III. Goal 3 "economic base" IV. Goal 4 "downtown vitality" V. Goal 5 "energy & resource independence" VI. Goal 6 "emergency response" VII. Goal 7 "fiscal responsibility" VIII. Other Projects/Policies - Not Tied to Goals IX. Existing Goals Carried Over . Establish formal public involvement policy . Complete Riparian ordinance . Adopt Dark Sky ordinance . Develop urban forestry plan . Improve public trails system . Develop comprehensive public transportation plan . Remodel/replace City Council chambers . Increase safety at Wimer Street/North Main/Hersey Street Intersection . Enhance water supply and conservation . Develop performance measure program for all City departments . Implement no-cost & low-cost Health and Human Services plan . 6-12 month City-wide community visioning process X. Budget Considerations . Fiscal Year 2007 . Fiscal Year 2008 Page 1 of 12 Page 2 3 4 5 6 7 8 9 10 12 Goal #1 Effectively use, clarify, and establish community growth, including jobs and housing. Use management strategies to resolve competing values and opportunities. Priorities/policies/project (2 years) a) Review annexation and re-zoning. Achieve desired energy efficient results of annexation. b) Define "family friendly" housing and give suggestions for accomplishing c) Define "density bonuses" and effective use of it d) Identify and correct ways that City inadvertently is an impediment to business opportunities (include Inventory and Analysis of special designations) e) Training for Council, commission members, and volunteers about comprehensive plan f) Review in-fill policy for possible alternative strategies to accomplish or mitigate From Feb 10 Meeting: Council agreed to absorb the intent of this goal as much as possible during ongoing business. They will defer all other portions to beyond Fiscal year 2008. With the exception of"e" which will be done in Fiscal Year 2008. There was a vote on whether "f' should be on the list for this biennium: 4 yes, 2 - no. Page 2 of 12 Goal #2 Assist in the development of workforce housing, with the goal of gaining at least 200 units by 2010. Priorities/policies/project (2 years) a) Establish a housing trust fund b) Identify public/private/other agency partnerships c) Establish employee-housing or employee assistance programs. Alternative cost, trade-offs d) Review salaries/policy of employees relative to Ashland housing costs e) Conservation opportunities; what and how much can we accomplish with our 200 units 1) Implement land use code changes relative to implementing this goal From February 10 Meeting: Council agreed that this goal can be accomplished as long as very few tasks are added, also includes a significant reduction in regional involvement. This starts immediately and is ongoing. Change the number of units in the goal statement. (Bill suggested 125), Check with John, Bill will check on this also. Hf' added. Page 3 of 12 Goal #3 Expand, broaden, and preserve the economic base with year-round employment and family-wage jobs Priorities/policies/projects (2 years) a) Establish a City economic development commission, alternative strategies for accomplishing b) Identify/recommend policy for point -of-contact with City for economic development c) Identify opportunities for partnership to accomplish economic base expansion, etc. d) Include significant involvement of citizens and diverse stakeholders in "old" action item #1 i.e. produce a working economic development plan) From Februarv 10 Meeting: Administration, with an ad hoc commission, will take on Economic Development Plan in this Biennium. Implementation is dependant upon recommendations and future Council decision (b, c, d under Priorities would be part of Commission's charter.) Page 4 of 12 Goal #4 Emphasize the vitality of the downtown area Priorities/policies/projects (2 years) a) Master Plan: Initially lower than land-use ordinance review and Goal #2. If this stays lower priority (see table), seek funding mechanisms early, to facilitate later planning. From February 10 Meeting: Updating code, downtown plan (contingent on funding), land-use ordinance update - which is higher priority? Downtown Goal # 2 Housing Land use Alex 3 2 1 Kate 3 1 2 Cate 3 1 2 Russ 3 1 2 David 1 3 2 Jack 1 2 3 Page 5 of 12 Goal #5 Move towards energy and resource independence Priorities/policies/project (2 years) a) Develop "game plan" for meeting 2% per annum target b) Identify opportunities and/or incentives for conservation measures such as: zero-net-energy proj ect; earth-advantage; commercial building (energy efficient); retrofitting c) What's the next step up in green fleet measures? d) What are obstacles and opportunities for weekend services, including services to Medford, etc? e) Evaluate City facilities for energy conservation and costs to improve f) Evaluate opportunities for being more conservative in water use (Right water, right use). Beyond 2050 plan? From February 10 Meeting: Dynamic tension between cost efficiency and independence (includes a, be, e, and part of f) Staff will frame discussion ideas for Council to give direction to Conservation Commission. "c" study in Fiscal Year 2008 and implement after that. "d" watch for this in other goals "f' watch for this in other goals: Existing goad # 12 and others Page 6 of 12 Goal #6 Improve the City' ability to prevent, respond to, and maintain services in the event of emergencies Priorities/policies/projects (2 years) a) Develop long-term funding strategies for CERT and equipment b) Compile "lessons learned" from drills; recommend policies as necessary c) How can we help Forest Service with fuels-reduction in watershed? Funding/project support. d) Continue #19 on "old list" (i.e. establish stronger, formalized role for City in stewardship of entire Ashland watershed From February 10 meeting Fit 6a into budget if possible. Page 7 of 12 Goal #7 Provide for fiscal responsibility by identifying, maintaining and establishing future revenue sources. Seek and implement cost savings Priorities/policies/projects (2 years) a) Establish task force or to evaluate future funding/revenue opportunities. (e.g. food and beverages) b) Do a city-wide services assessment (not likely to be done until after Fiscal Year 2008 unless other resources are identified). From February 10 Meeting: See changes to priorities above. Page 8 of 12 Other projects/policies not tied to Goals 1. Establish Public Safety Commission Will be presented to Council within a couple of months 2. Do systematic neighborhood review for safety improvement opportunities Keep this without priorities attached to it 3. Charter Review Process Moving forward 4. Complete Land Use Ordinance update Ongoing 5. Formalhe "Meet the Mayor" and "Town Hall" programs. Costs and Structure? Will be done, absorb in base program of work 6. Infrastructure management is adequate. Streets: maintenance needs. They will be coming to council to describe more fully in March. Drainage across private property. .. how to deal with these To Council in March. 7. Meshing commission and council goal-setting. Assumption of staff available for committees and commissions... clarify this Council will be looking at all commission structure - advise commissions that they have impact on staff time. Page 9 of 12 Existing Goals Carried Over 1. Establish formal public involvement policy by 2006 a) Increase the level of effectiveness with which the Council and Commissions influence planning policies and challenges and increase public acceptance and engagement in directing the City's urban landscape b) Results in a process that meets LCDC Goal #1 Participation Goal Requirement to increase public acceptance and engagement in directing the City's urban landscape Send to Planning Commission 2. Complete Riparian Ordinance Status report - Update and what will it take to complete. 3. Adopt dark sky Ordinance to reduce light pollution on public and private property David will research this and develop it. 4. Develop urban forestry plan After Fiscal Year 2008. By this time next year, Tree commission will have a report on this. 5. Improve public trails system by developing a comprehensive trails plan that addresses minimizing public and private conflicts in cooperation with the Parks Commission a) Include Bear Creek Greenway (dog park to Mountain Ave. park). Plan should discuss range of tools to obtain access and ways to estimate construction costs and costs to obtain easements b) Secure a method ofmaintaining the current level of access, natural beauty and value of Bear Creek Greenway c) Research funding source Per New Council Goals: Modify - funding source maintenance green plan May be federal funding for this through transportation funding... Public Works project? Update what's been done, and re-write. Needs more clarification to identify trade-offs. Page 10 of 12 6. Develop a comprehensive public transportation, traffic, and parking plan to reduce pollution and congestion, and to improve Ashland's quality of life a) Secure expanded bus service in Ashland for evenings and/or weekends b) Evaluate TTPC Plan and develop action plan for items adopted. Coming to Council in Study Session in May. 7. Evaluate and create a plan for re-model/replacement of City Council Chamber (seating, sound, design, Web access) In process 8. Increase safety at Wimer Street/North Main/Hersey Street Inetersection In process 9. Enhance water supply and conservation to meet targets a) Develop citywide focus "the right water for the right use" b) Explore and potentially develop 3- year plan to improve and extend our current TID system c) Negotiate for other water supply options d) Complete pre-design plan for future extension of TAP water line, including priority for conservation e) Pursue water quality and temperature improvements In process 10. Develop performance measures program for all City departments Later 11. Implement no-cost and low-cost strategies within the Health and Human Services Plan in partnership with service providers that aid in the delivery of services to people most in need Underway 12. Plan and implement a 6-12 month City-wide community visioning process Will come in Budget Discussion. Page 11 of12 Budget Considerations Fiscal Year 2007 · Goal 2 and ongoing. Salaries in Fiscal Year 2007 · Goal 3 Commission, following the charter review process · Goal 2f and ongoing · Goal5e · Goal 7a Fiscal Year 2008 · Comprehensive planning training (Goal 1 f) · Green fleet "big" items in Fiscal Year 2008 and implementation after that (Goal 5c) Page 12 of 12 ~f}Itc;uAv~ D,,' f42JI~'~ ~\)d..uLC/Y\ S /2--11 D~ J.J'd- W<-t1-C.- 10/ ~(-rM II ...,- S~<. ~/dL5~ Council Goal Settin2 2007 Index CO~C tI c)./ Page 2 3 4 5 6 7 8 9 ]0 Title I. Goal] "community growth" II. Goal 2 "workforce housing" HI. Goal 3 "economic base" IV. Goal 4 "downtown vitality" V. GoalS "energy & resource independence" VI. Goal 6 "emergency response" VII. Goal 7 "fiscal responsibility" VIII. Other Projects/Policies - Not Tied to Goals IX. Existing Goals Carried Over · Establish formal public involvement policy · Complete Riparian ordinance · Adopt Dark Sky ordinance · Develop urban forestry plan · Improve public trails system · Develop comprehensive public transportation plan · Remodel/replace City Council chambers · Increase safety at Wimer StreetINorth Main/Hersey Street Intersection · Enhance water supply and conservation · Develop performance measure program for all City departments · Implement no-cost & low-cost Health and Human Services plan · 6-12 month City-wide community visioning process X. Budget Considerations · Fiscal Year 2007 · Fiscal Year 2008 12 Page I of6 Goal #1 Incn.'as{' the ('it, 's use of existing managenH'llt ~trategies '-': tools and develop ne" olles as needed to resoh e competing values, ,1)bJ('eJjlt" a) Review annexation and re-zoningJe) l'IJ"lllc'thclJ t',tkl:JI\('IH'''~JJ1Il1t'l'ling c'''L1bh\ilt~d(itl pliorilic\ b) .unctoD ,t~jJ1lL!IJ~ "family friendly" housing, c) g(,l'\dmint' c\i'lin,g,densitybonus,pl'):;JdlT1~!ild IIH11Ipnh'\Jo c'll"IIJClhl'II ('fk(lllenc'~s ill l]I.l','llll~C,I:Ji,! I II) pllOrilIC:;: \L) r)c~l:lop "j!J1C.'!\ lil'!lILllpdcllingtht' ,comprehensive plan Goal #2 Assist in the development of workforce housing, with the goal of gaining at least 200 units by 2010, !)l'Ul'l'l i \ ,'.5 a) Establish a housing trust fund .r) Establish employee-housing or employee assistance programsJnJ ,'mrlo,) ('cs, , ,~') Review salaries, ~J~1l!policj~'~ fel} ('jJ~employees relative to Ashland housing costs d,) l)c\cl()j1 I'P"'ll", 1", ('ondllltJngc) ('('SlI,('llctit ImldY'I\'dp't'rg) ,'nll,c'.I.\ Jlionin ,lrt,)rd:iblc ~~llnJL' cJ ldSll1lL Jand use code changes relative to implementing this goal Goal #3 j)cvdop a \\orldllg Economic De, e1opml'nf Plall Dht:c'til.~'::- a) Establish a City Jconomic Jlevelopment ;.ommlsslOn,. b) F 11 " IJLc:J.l1.:J 1112d'l:1 ~.)jJl'~Ds.: ,L\lab Ilsl1l'( t policy for point-of-contact with City for economic developmenUn'1lli[I.l'0 · )cic'J]I I lil',;(!pportunities for partnership to accomplish economic base expansion,. :)JgTuJicIJf11in\ol\ t'Illc:lll nf :lllddj\t'I',;c';lakch..1ltkl\ ITiJ[1P1I IPf'l:llt,(j t) '; lIJ'l'QXI 0 fl'lI\i nC\SOppl lrlull i Ill'<,{illC! usJil11:' Il1h'lIton ,md .:\ 11111\ 51S oi' ,pccial dc,;j,:natioll:;l Page 2 of6 Deleted: Effectively use. clarify. and establish community growth. including jobs and housing. Use management strategies to resolve competing values and opportunjties.~ Deleted: 2 vear Prioriri eslno lie ies/Droiect Deleted: , Achieve desired energy efficient results of annexation. . Deleted: Defme Deleted: and give suggestlOns for , accomplishing . Deleted: Defme .. Deleted: es" Deleted: and effective use of it Deleted: d) Identify and correCI ways that Clty inadvertently is an impediment to business opportunities (include Inventory and Analysis of special designalions)'1 (-=-lil; . Deleted: Trainmg for Councll. Ljl]i Deleted: f) Review in.fiIl polif.., [:J}J Deleted: 2 year (".11f Deleted: b) Identify [ ..~ [511 Deleted: Alternative cosL trade.ofTs" Deleted: d Deleted: / Deleted: y Deleted: 0 Deleted: e Deleted: Conservalion opportunLI6iJ Deleted: I' , Deleted: mplemenl Delete<!: E~'l'and. broaden. an<(.=J7J:J Deleted: Lilli . Deleted: e Deleted: d Deleted: c Deleted: . alternative stra~egies em) Formatted L r Hijl Deleted: Idenlify/recommend ; Deleted: c) Identify 0 Formatted: Bullets and Numbenng Deleted: , elc . '_~_~"_'_._n______ _n..__ __.___......n._..____n._.__ Deleted: Deleted:d) 1~~!u~",~gnificaC. [111 ; , Deleted: Implementation: 11 C r 121 J Goal #4 R(>vita)~ the downtown area ,,< HJ~\'!!\ \"~ a) Finish Downtown Master Plan., includlllg, consideration of library, restrooms, civic center b) Evaluate/ recommend costs and funding strategies for implementation; ,l) Assess pros and cons of police sub-station downtown. Goal #5 Estahlhh H'alistic targets and strategies 1'01: redudng energy and resource ,dependence 011 outside soun',,'s, ntJ<.CII\ ..~ a) ,b) ,c) ';Ol" thl' ICJ~lhiIJly()(meeting ~12% per annum rl"lJUCII\\11 111 Assess next step in green fleet .rJ:n!::,r~lm (OJ](hlcl ,'p,( hC'lltJil~nJI:::si)JlJllnlPl\\1 iJ1J:::_t"lltTg~ 1()11SI'JIJ11.011)Il City faCIlities. c' dl'lrl\iQlt:.rg~ dTi(I('11tlt;Sulh Of,IIlI1C:c,;;tiun(lIUI "j I I!:-; \1 j \', I." ,I hUll" p\llic) crl':lll'~l'i1c'rc;\' et'ficil:IlC\' crilni:l tin ,ml1l'\:JliuIl'~!J :-l\..ll\ .'lrn<tJlnptlon I, Goal #6 Improve the City' ability to prevent, respond to, and maintain services in emergency events 2 year Priorities/policies/projects) a) Develop long-term funding strategies for CERT and equipment b) Compile "lessons learned" from drills; recommend policies as necessary (' Illlil' 1\',ircngtl1cl),j i'urma!lzc\iyok tiJr('ltYIllSII'\\,lr(!,llIp III C!lllle' \ ,hiJI,d II aln,;IH.d c) Assess ways to help Forest Service with fuels-reduction in watershed Goal #7 De, riOT> strategy to assure that the ('ih Budget IS lInantialh ,ta bit>, ~:specjaJl\ the ten-year projection., ,Objl'Ct J \ l,' a) Establish task force or strategy to evaluate future funding/revenue opportunities tw prl(\rtll<." b) Conduct assessment of city services fUI UPPUrtUIl i t ies.luI J\)r :-,(T\ ll'l' S\'L~J~:_l' r-V(Ji~~ll(llJ__an(Lfr~ Page 3 of6 . Deleted: Emphasize the Deleted: ty Deleted: of Deleted: 2-=r Priorlri eslpo hcies/oroiec ts Deleted: , Deleted: e Deleted: c) Commission re-deslgn of downtown plaza.~ d Deleted: Implementarion:'1 If this is low priority. seek funding mechanisms early. to facilitate later planning.'1 , Deleted: Move towards Deleted: in Deleted: LYJ;]l[ , Priorities/ooheies/proiect Formatted: Indent: Left: 0", First line: 0" Deleted: Develop "game plan Deleted: " fot . Deleted: tatger-,I Deleted: b) Idenrify opportunines and/or incentives for conservation measures such as: zero-net-energy project; earth-advantage; conunercial building (energy efficient); retrofining'l c Deleted: measures Deleted: d) Assess obstacles and opportunities for weekend services. including services to Medford. etc.'1 e Deleted: Evaluate Deleted: for energy conservation and cost.s to improve Deleted: f) Evaluate opportunities for being more conservative in water use (Right water. right use). Beyond 2050 plan'l . Deleted: Implementarion'l SlaffwllJ frame discussion ideas for Council to give direction to Conservation , ConUJlission.'1 r... r131l Deleted: d) Continue to strengthen a !oTIllalized role for City instewaL.J14 ) I Deleted: Implementarion'l Fit 6a into budget ifpossible.'1 Deleted: Provide for fiscal responsibility by identifying. _~ Deleted: 2 vear Priorities/colicies/oroiects I ' Existing Goals Carried Over ] . Establish formal public involvement policy by 2006 a) Increase the level of effectiveness with which the Council and Commissions influence planning policies and challenges and increase public acceptance and engagement in directing the City's urban landscape b) Results in a process that meets LCDC Goal #] Participation Goal Requirement to increase public acceptance and engagement in directing the City's urban landscape 2. Complete Riparian Ordinance 3. Adopt dark sky Ordinance to reduce light pollution on public and private property 4. Develop urban forestry plan After Fiscal Year 2008. Tree commission will have a report on this in 2007. ****5. Improve public trails system by developing a comprehensive trails plan that addresses minimizing public and private conflicts in cooperation with the Parks Commission a) Include Bear Creek Greenway (dog park to Mountain Ave. park). Plan should discuss range of tools to obtain access and ways to estimate construction costs and costs to obtain easements b) Secure a method of maintaining the current level of access, natural beauty and value of Bear Creek Greenway c) Research funding source Per New Council Goals: Modify - funding source maintenance green plan 6. Develop a comprehensive public transportation, traffic, and parking plan to reduce pollution and congestion, and to improve Ashland's quality of life a) dL__ -,~:"l 'is ,!ILdll[1J2(l1J1IIJitiC:C'__1l.,1_.'-\,,'d:-"J:~1 ~-"J~.\ I ec.-s..o..b.,l"iu\.iiDii. ~C'L\il"0 J(1 \kdfurd. Ck. """.m___..____'" ___m__.._ Secure expanded bus service in Ashland for evenings and/or weekends b) Evaluate TTPC Plan and develop action plan for items adopted. 7. Evaluate and create a plan for re-model/replacement of City Council Chamber (seating, sound, design, Web access) 8. Increase safety at Wimer StreetINorth Main/Hersey Street Intersection 9. Enhance water supply and conservation to meet targets ljl __b~.1lllaIU.lr PillJtlJlll i c' 'it)! he I IlgJ})ur"~:.lII1S l:n '!l~('_ I 11 ..,\)11l"I llj.<?jB.Lg.lll~\ c) tg-,_Xh;llll1S.~l 13ey()n(I.2()~() [,jCln Page 4 of6 Deleted: '1 !rllPlemenlanon,i Not likely 10 be done untll after Fiscal Year 2008 unless other resources are identified.~ Deleted: Other projects/policies nol lied to Gnals~1 , 1. Establish Public Safery Commissjon~ 2. Do systematic neighborhood review for safery improvement opporrunilies1 3. Chaner Review Proces.s1J 4. Complete Land Use Ordinance upda1t1l 5. Formalize "ftleetthe ftla)'or" and "Town Ha"" programs ~ 6. integrate individual commissions' ..'orh with council goal-setting 11 a) Develop citywide focus "the right water for the right use" b) Explore and potentially develop 3- year plan to improve and extend our current TID system c) Negotiate for other water supply options d) Complete pre-design plan for future extension ofT AP water line, including priority for conservation e) Pursue water quality and temperature improvements IO. Develop performance measures program for all City departments I I. Implement no-cost and low-cost strategies within the Health and Human Services Plan in partnership with service providers that aid in the delivery of services to people most in need 12. Plan and implement a 6-12 month City-wide community visioning process Page 5 of6 \ ppt'11l1iCc~) Fiscal Year 2007 Goal 2 and ongoing. Salaries in Fiscal Year 2007 Goal 3 CommIssion, following the charter review process Goal 2f and ongoing Goal 5e Goal7a Fiscal Year 2008 Comprehensive planning training (Goal If) · Green fleet "big" items in Fiscal Year 2008 and implementation after that (Goal 5c) Budget Considerations Otht'r projects/policies not tied to Goals I. ESTablish Public SaterI' CO/11mission ") Do s)'stematic nei'.!.hhorhooJ review ror SOrel)' imprOl'{'J1Il'lJ( Of)portl/lliti/'s 3, Charter Rel'iell' Process 4. COlllplete Lantll~{' Ordirrallce update 5. Forlllali;,e "Jled tlrl' ,Harm'" ami "TOH'lll1al/" pro,l;rf1ms 6. Il1tet,!.rale indil'idual commissions' work with cOlll1cil '.!.O(i1-.~('ftil1f!, Page6of6 Page 2: [1] Deleted Cate Hartsell 5/21/20062:47:00 PM d) Identify and correct ways that City inadvertently is an impediment to business opportunities (include Inventory and Analysis of special designations) e Page 2: [2] Deleted Cate Hartsell 5/21/20063:04:00 PM Training for Council, commission members, and volunteers about ------------.,,_._.~ - Page 2: [3] Deleted Cate Hartsell 5/21/20063:06:00 PM f) Review in-fill policy for possible alternative strategies to accomplish or mitigate Page 2: [4] Deleted Cate Hartsell 5/21/20063:12:00 PM 2 year Priorities/policies/proiect Page 2: [5] Deleted Cate Hartsell b) Identify public/private/other agency partnerships c 5/21/2006 3:09:00 PM Page 2: [6] Deleted Cate Hartsell 5/21/20063:18:00 PM Conservation opportunities; what and how much can we accomplish with our 200 units Page 2: [7] Deleted Cate Hartsell 5/21/20063:30:00 PM Expand, broaden, and preserve the economic base with year-round employment and family-wage jobs - Page 2: [8] Deleted 2 year Priorities/policies/proiects Page 2: [9] Deleted Cate Hartsell , alternative strategies for accomplishing Cate Hartsell 5/21/2006 3:24:00 PM 5/21/20063:33:00 PM Page 2: [10] Formatted Cate Hartsell 5/21/20063:38:00 PM Bulleted + Level: 1 + Aligned at: 0.25" + Tab after: OS' + Indent at: OS' ----- Page 2: [11] Deleted Cate Hartsell 5/21/20063:39:00 PM d) Include significant involvement of citizens and diverse stakeholders in "old" action item #1 i.e. produce a working economic development plan) Page 2: [12] Deleted Cate Hartsell 5/21/20063:44:00 PM Implementation: Administration & ad hoc commission will develop Economic Development Plan in this Biennium. Commission's charter would include b, c, d under Priorities. - --- -- - -- _....._...~-_._--,_._.__.,._"...,...- --_._.,_.~------- Page 3: [13] Deleted Cate Hartsell 5/21/20064:13:00 PM Implementation Staff will frame discussion ideas for Council to give direction to Conservation Commission. "c" study in Fiscal Year 2008 and implement after that. "d" watch for this in other goals "f' watch for this in other goals: . ... --~-_.._.._.._.- ~,_..._._----------_..._..~ --......-......----- .....-- Page 3: [14] Deleted Cate Hartsell 5/21/20064:18:00 PM d) Continue to strengthen a formalized role for City in stewardship of entire Ashland watershed Page 3: [15] Deleted Cate Hartsell 5/21/20064:25:00 PM Provide for fiscal responsibility by identifying, maintaining and establishing future revenue sources. Seek and implement cost savings Martha Bennett - Plan~ing Page 1 From: To: Date: Subject: "Cate Hartzell" <cate@mind.net> "'Martha Bennett'" <bennettm@ashland.or.us> 5/24/20067:01 :23 AM Planning Martha and John, I would like to suggest and ask for help on a few things. First, there are several people upstate whom I talked with about brownsfields about 3-4 years ago, relative to our potential projects. I think they were brownsfield specialists from DEQ and I have forgotten the other agency. Given that there is a potential that the UP Railroad is not going to be especially receptive to our issues about trucking dirt in and out of the railroad area, and given the fact that they have done this kind of project far more often than we have, I would like to see the City bring in a legal brownsfield specialist to consult with us. I think it's imperative that we not expend any more energy on this project than we have to; the biggest step towards that goal is knowing our rights and responsibilities ahead of time. I expect that once it starts, it's going to run its course pretty fast. I am very disappointed that UP/DEQ don't plan on holding another public hearing. I have not seen anything that resolves my serious questions about the hydrology on and downslope (heavily residential) from the site. Second, I think it's important that we establish and communicate a timeline and plan for filling the vacancies that we have in Comm Devand Police Chief. I would like to work with you on the process for the latter. Third, Jack and I spent Sunday afternoon working on editing the draft Council Goals. (attached) We signed up for that at goal setting, but hadn't gotten to it until then. It was our intention to suggest a study session on them; if we had to it could happen at a regular meeting, but having worked on them, I think there's enough happening with them that we're best served by the less formal, longer setting. I collected the various files from Integrations and Gino and would like to work with staff or Martha to make sure the Council has all the materials needed from our Jan-Feb meetings to refresh our memories and arrive at a set of goals, ideally prior to the issuance of the final Budget document. Fourth, I assume that we are planning a community reception for Martha, Joe, and the Interim Police Chief that includes a welcome home for Paula. Since my June calendar is filling up (June 14 the DEQ meeting, June 20, the Homelessness Summit in Salem, etc), it would be really great to select the date for that and get it on our calendars. In addition, Jack and I have talked about the Council hosting the next social get-together with department heads. We think it's very important to continue to create venues that foster relationships with staff. Is it possible for Diana to help with that? Since Don Robertson's wife has moved here, we'll have to find a new venue, but again, given al/ the changes, I think it would be very helpful. Thanks for your attention to my requests. Please let me know what I need to do to facilitate getting these various requests addressed. Martha Benn~t!:~!~_~nin~L_ Cate cc: Page 2 "'John Morrison'" <morrisoj@ashland.or.us>, <council@ashland.or.us> DOCUMENTS SUBMITTED AT THE NOVEMBER 21, 2006 CITY COUNCIL MEETING 2006 Tree of the Year Selection Announcement by the Ashland Tree Commission The Ashland Tree Commission is charged each year with overseeing a selection process to meet the requirements of the National Arbor Day Foundation for designation as a 'Tree City, USA'. Each year for 19 years, Ashlanders have nominated trees from all over town, then voted on and chosen one tree from among the finalists as that year's Tree of the Year. The Tree Commission is pleased to announce the five fmalists and the 2006 Tree of the Year selection. THE FIRST TWO FINALISTS ARE ON GRANITE STREET. ************************************************************* Douglas Fir - Pseudotsuga menziesii at 108 Granite Street This lovely example of the state tree of Oregon exhibits characteristic form, which is tall and narrow with spreading branches that gracefully curve upward. ************************************************************* Redwoods - Sequoia sempervirens at 65 Granite Street These redwoods are great local examples of the outstanding size and stature that mature coast redwoods can achieve. Although the native habitat of the "world's' tallest trees" is the Pacific Coast fog belt, our southern Oregon climate allows redwoods to thrive here. ************************************************************* ************************************************************* Western or Sierra Juniper (Juniperus occidentalis) at 126 Church Street 2 SLIDES This stately conifer tree is found throughout the Pacific and Intermountain West. An incredibly resilient, American native, some specimens grow out of bare rock and can survive for several thousand years. This nicely shaped specimen on Church Street stands on a steep slope, and is a commanding sight at about 30 to 40 feet tall. ************************************************************* Oregon White Oak (Quercus garryana) at 1209 Iowa Street. The Oregon white oak is the principal native oak in the state. This magnificent specimen of a drought-tolerant, deciduous tree has a graceful, well-shaped structure with a broad, spreading canopy of lobe-shaped leaves that shades both domestic dwellings and the street during Ashland's hot weather. ************************************************************* Pacific Madrone - (Arbutus menziesii) in Mountain View Cemetery (visible from Ashland Street (Highway 66), opposite Fire Station #2) This incredible tree, a broadleaf evergreen, has glossy dark green leaves and is a textbook, multi-trunk example of a drought-tolerant native-the Pacific madrone. In the spring, it shows clusters of white, bell-shaped flowers, followed by masses of bright red and yellow edible berries. A resilient species that withstands fire, this huge specimen has the very distinct bark of the madrone, with its distinctive colors and textures, always changing as the old bark peels to reveal new smooth bark. ************************************************************* Beginning in 2003, the Tree Commission instituted an additional process, in which citizens now have two ways to nominate. They may nominate any tree at any time of year by using the online form at the City's website, and they may also participate each fall in this annual, formal selection process. These new procedures have stimulated people of all ages to voice their support for a wider variety of our many, diverse tree species. 21November 2006 9JkJ ,{fie ~~b /lJ tJ &t7txf.( D.wt-l fy/€1 fr;/~ /~~ @iJ9r 7:- ~~ y ~/~~/~ r Green Springs Interchange (Exit 14) & North Ashland Interchange (Exit 19) INTERCHANGE AREA MANAGEMENT PLANS (IAMP) ODOTs Mission: "Provide a safe, efficient transportation system that supports economic opportunity and livable communities for Oregonians." r IAMP 14/19 Overview · What is IAMP 14/19? · Why an IAMP? · IAMP Content · IAMP Process Flowchart · Ashland's Partnership Role 1 ;5ao/4-~ / /-ST- ~S5 /ll4nf.,- ~& -11t&~ -~~, ~ r )m!dLl!j(~ ~~ Exit 19: N. Ashland/Valley View (view northwest on 1-5. 1964) r f2~ ~~~ Ojidz; Other ODOT Area Bridge Projects... Bundles 301 and 314: Bundle 301 - · Replaces 5 bridges (1-5 overpass): -Eagle Mill Road Bridges, located 2 miles south of Exit 1.9; - Bear Creek Bridges, located 0.8 miles north of Exit 1.4; and - Neil Creek Road Bridge, located approximately 3 miles south of At Ashland. · Design work beginning; Construction scheduled early 2008 Bundle 314 - · Replaces 2 bridges (1-5 underpass): - Ashland St. / Greensprings Hwy. Bridge at Exit 1.4; - South Valley View Road Bridge at Exit 1. 9. · Design work to begin Spring (March) 2007, @ 2 yrs. · Public participation opportunity during design · Construction anticipated 2009 - 2011. 2 J4~ - r What is lAMP 14/19 ? An "Interchange Area Management Plan" - a 20 year plan for managing Interchanges to achieve a balanced land use and transportation relationship. An agency partnership plan expressing Ashland, Jackson County and ODOT's management objectives. A plan to protect the function & capacity of an interchange - i.e. "managing the margin. " An element of the Ashland / Jackson County TSPs (Transportation System Plans) - adopted by City/Co. An ODOT Facility Plan - adopted by the OTC tJ~ r Why an lAMP... Purpose & Need? · Similar to the movement of blood throughout the body, a transportation network serves as the lifeline for the movement of people, goods and services within and beyond the commu~ity. L. __ {MUp /a,Q · Without effective management, the network may become overly congested and clogged, leading to interchange/ local street traffic problems, prior to the design and functional life of the facility. · An lAMP provides the management tools necessary for the long-term sustainability of the network. tJb?J//USSt't:r'(y jJt~ f;VtI ~ . ~Wjr1lM/lftV47 ~'f }~ ~!F 3 O~/d~ - r Why?... Land Use & Transportation Basics: 'Source: Stover & Koepke, Transportation andLand~velopmenl (2"d edition) f7 Complete Acca.s Control ~l.-llW t . ~ ft i < > 0 o c ::! "ii g' : .. ~ jJ Access fisu'" 1-1. 1M Tl'aIIOf'Ot"'tion-Und U~ lJroeIopment Cydr Fipre 4-3. IIiuic Functional Clases ------ --- r Why?.. Land Use & Transportation Basics: 'Source: Stover & Koepke, l'ransportation andLand Development (2nd edition) Growth Supply Demand lAMP Purpose: To manage This margin Private Development Perfect Equilibrium Points Time Figure 1-3. Balance Between Incremenb of Development and Improvemenb in Transportation Facilities Source: Winick [131 as modified by Owolabi [8J. ~ Arterial ~~ /vtcll/$(? ~ Collector Local )tjJr~ jAte~ ;;;HI 4 tJ%d dees ~J.k'fik!> r lAMP Content Front matter: purpose 11 intent, problem statement, interchange function, goals 11 objectives, management area, authority,... Existing Conditions Inventory 11 Data Analysis - Future Conditions Analysis Management Alternatives Development and Analysis Interchange Area and Access Management eJ.i!r! -}l[lJ Adoption 11 Implementation (Local Gov't. 11 the aTC) ~ ... ,......., ....o.,.-."'r-.-- L-..J lODOll_ _ ....0..-....- r--"I 0D0I'.~Ge._ L--I _"""fTIC_ e ::c_"==~~ "''''''''''''l1li / (~!Z4-- I~~ Dr~ /ftf/ W~ /~ ~ 5 r ~d~ crl;tU'/~ Potential IAMP Management Tools Transportation System Management (TSM) - traffic control, lane striping, signing,... Transportation Demand Management (TOM) - TOM strategies, transit service, multi- modal facilities Trip Budget Ordinance - trip caps & trip allocation strategies Other land use strategies and ordinances to preserve capacity, safety and performance standards: - zone changes, density controls. ~ ~~- Interchange Ramp Metering --t1tt::f1tj ~ Other transportation system improvements - /'1lutt;-/:j ~~~ ~ r lAMP Future FJrects Ltud /I.5t.r Increased quality in balancing LU&.T: r better planning leading to better -i. 1~4L/z:. h management decisions. - ~ {O L.jiL ~-, ~. Recognition of the importance of Access Management to interchange area safety &. operations: balancing mobility &. access. Increased predictability among Local Governments, ODOT and developers. 6 r lAMP Future Effects Protection of facility improvements serving 20 year minimum growth. Better future deCision-making. Responsible stewardship of major public investments for interchange facilities. r Ashland's Role... · Ashland / ODOT Partnership on Project - Partner in project deciSion-making process · via CAC, TAC, and city PCjCC decisions. - Adopt the plan: City and the OTC (Oregon Transportation Commission) · Drive Public Involvement: - Designate Citizens Advisory Committee (CAC) membership - Technical Advisory Committee (TAC) staff - Coordinate meetings, facilities and timing of Public Workshops 7 r Available Resources ... · ODOT Transportation Development Division (TDD) http://www.oregon.gov/ODOT/TD/TP/ · lAMP Guidelines http://www.oregon.gov /ODOT /TD /TP / docs/publications/lAMP /guide lines.Ddf · John D. McDonald, Project Manager (541) 957-3688 Joh n. McDonald@odot.state.or.us r Questions & Answers ... thank you! CONTACTS: John D. McDonald, Project Manager (541) 957-3688 John. MCDONALD@odot.state.or.us David J. Pyles, Development Review Planner (541) 774-6399 David. PYLES@odot.state.or.us 8 November 15, 2006 Cynthia Gunn 2410 Demaray Grants Pass, OR 97526 RE: Hwy 199 Expressway Upgrade Dear Cynthia: Thank you for your phone call regarding the Hwy 199 Expressway Upgrade project. You were calling in response to our letter notifying you about surveying in along Hubbard and Demaray. As we spoke on the phone, the Hwy 199 Expressway Upgrade project is in a study phase to determine solutions for solving safety and congestions problems along Hwy 199 from Midway to the South Y. Citizen Teams have been meeting for almost 2 years developing alternatives and narrowing the alternatives down. They have forwarded 2 alternatives for additional detailed technical analysis, each of which contains the same modifications in the Hubbard area. Specifically in your area, the proposed modifications include: · Traffic Signal on US 199 @ Hubbard · Improvements to Hubbard and realigning the connection to Demaray · Adding a left turn lane on Demaray (NB) to turn north onto Hubbard The Hwy 199 Expressway team will be releasing the draft project study (Environmental Assessment) for public review and comment after the first of the year. I'd encourage you to provide any comments regarding the proposal during the public comment period. After the public comment period, the Citizen Teams may make changes to the proposal based on the public comments. In addition, ODOT staff will respond and address the comments in the final study report due out in late spring. I am including the concepts that the teams are studying. The only difference in the two concepts is the modifications at Allen Creek and Redwood Ave, they both have the same treatments along the highway and in the western section. If you have questions about what the lines on the paper or anything else, please call or we can meet in person to discuss further. please don't hesitate to call Gary Learning (774-6388) or me (774-6380) anytime regarding the project. Sincerely, Eryca McCartin ODOT Project Leader Rogue Valley Office cc: Debbie Timms, ODOT Project Leader Gary Learning, ODOT Public Relations Ql"o(1)-'-I (jJillen~)> Ql-::)g~() g~ ifarg. 5' 5a.ffi::)~ ~ a.a.en<g (1) g. ~. ~cg 2' ~ m mijl!!!.~m cE Q) UJ r+ _. CD CDmcrCil 'TI ~a-:::)a. 5 ~~ a ::) (1) o' :5" Sl :J to <' en (1) en 00 blO -0 to-I 0"0 <;., ~o @'il)O "og. 8'3 3 ~ -IQl )>to ()~ Ql ::) a. :E a.~to -. 0 ~ ~. ~ ~ ! g en033~-I ~~53m~ ~ ill;;: ~ Ql.2. _:::::J~_:JCD 0=,0....,0.0 .:J.~.~~ g 3 Q:~m~~ (1)'"o(1)oQl g. 3 ::) entO 0(1)6l"_~ ~:Jd:.O -o-r-toCiifJ c: - 2: c;" 5' 0" 0 "" a. 0 "'0 "OC:<3(1)0 iii' ~g ~ ~ ~ 0 5 ~cO' ijl.g -I S' :IE ~- en ~ '" ~ a ;. ~.Q. 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Ql < aafficn~ ai--g@-8 ~ ~ (1) ~ 3' ~~~ill'2. eng.~5.~ 3.a.CCD ~~~@- 5: 3."* g ~sn::1::J (1)QlQl 0::) ga. en en QlO ::l (1) a.< :::!l(1) ::l0 9,"0 ::)Ql ~;= 3 !!!. <' (1) o c: o o 3 (1) en ....................................................................... ~......................................... "'tI )> :::a -t - - - )> s:: "'tI "'tI :::a o o m en en ." r- o :E o :I: )> :::a -t Thank You Lt. Ehren Watada - Army moves forward with court martial Main Menu Home Donate Petition Contact Us Add Your Name Take Action In the News In Support Organizations >( Resource Toolkit ThankYouLT Hawaii Photos Videos Search June 27 National Day of Action to Stand Up with Lt. Watada reports! -:---~ 1 of 3 II DJ L~ @ I~ illY] ~ IFf Wi NO V 2 1 2006 IUJi 8y_~ <' , ,- i "/J1:" Army moves forward with court martial November 11, 2006 Update Political charges of "contempt towards the president" dropped, four years prison still possible for political speech critical of Iraq War. Trial date not yet set, expected early 2007 "1 think as the recent elections show more and more Americans are opening their eyes, but we aren't there yet. 1 hope that actions such as mine will continue to help expose the truth behind the fundamental illegality and immorality of the war." - U.S. Army Lt. Ehren Watada After an unexpected delay, the Army has announced the forwarding of charges against Lt. Ehren Watada by Fort Lewis Commanding Officer Lt. General James Dubik, Lt, Watada is to be court martialed for missing movement (article 87 of the Uniform Code of Military Justice) and multiple counts of "Conduct Unbecoming an Officer and a Gentleman" for his public opposition to the illegal and immoral occupation war in Iraq, In a pre-trial victory for Lt, Watada, the Army has retreated on all counts of "content towards government officials" - specifically President G. W. Bush. The last known prosecution of this article was in 1965 resulting from Lt, Henry Howe's opposition to U.S. foreign policy during the Vietnam War. Lt. Watada's defense team believe the military favors the conduct unbecoming charges for their overly broad nature, versus the more controversial "contempt of officials" that would have opened the door to the obvious question, "can speech be contemptuous, if it is factual?" Lt. Ehren Watada responds "The referral of the charges was not unexpected. I'm moving forward as I always have with resilience and fortitude to face the challenges ahead. , . I think the recent elections show more and more Americans are opening their eyes, but we aren't there yet. I hope that actions such as mine will continue to help expose the truth behind the fundamental illegality and immorality of the war," said Lt. Ehren Watada. "The reason I spoke out, I saw that what was being done in terms of this war http://thankyoult.li ve.radicaldesigns.orgl content/view 11921 ThankYoul On June 22, U.! Lieutenant Ehl became the firs officer to publici deployment tc Iraq War and ( Lt. Watada has charged with c towards Presi, conduct unbeco and a gentlema movement. On August 24, t pre-trial hearin~ recommended c martial on all ' September 15, charge was ad( For the first tim the military is p objector for his faces over eigt prison - over Sl Amendment SpE Help Lt. Wata( on trial! Your s including donat Watada's defe urgently needec 11/1712006 Thank You Lt. Ehren Watada - Army moves forward with court martial Play Video Message to supporters was so illegal and so immoral, and not being checked. It was a danger to our troops and a danger to our country. So, I think what needs to be done is some kind of accountability in Washington (D.C.) and also investigations into how this war was started in the first place." Lt. Watada told reporters at a press conference last Thursday that "almost every day, someone from the military or the outside sends me some kind of correspondence or approaches me in person to render support or their respect." December 8-10 days of action to support Lt. Watada and all GI resisters It's time for us to escalate public pressure and action in support of Lt. Watada and the growing movement of thousands of courageous men and women GI's who have in many different ways followed the their conscience, upholding international law, taking a principled stand against unjust, illegal war and occupation and stood up for their rights. Widespread public support and pressure will help create true support for courageous troops facing isolation and repression, and help protect their civil liberties and human rights. We call for the following: 1) Support for all war objectors 2) Protect the right to conscientious objection 3) Protect the liberties and human rights of GI's 4) Sanctuary for war objectors In the Pacific Northwest, these actions will serve as a warm up for larger mobilizations and events to coincide with Lt. Watada's trial early next year. The actual court martial date has not yet been sent. Citizen's hearing on Iraq, January 20-21 One important event in support of Lt. Watada's courageous stand in opposition to the illegal and immoral occupation war in Iraq already underway is citizen's hearing to be held in the Seattle area over January 20-21. Confirmed participants include David Kreiger and Daniel Ellsberg, while Veterans for Peace and Gold Star Families for Peace have joined the effort. More information coming soon! Bob Watada, currently in middle of a cross-country speaking tour in support of his son Ehren, responded to the referral of charges by declaring, "People come up and tell us that Ehren is a true American hero. Of course, we are concerned about the outcome of the trial, but we are very gratified with the enormous support from a broad sector of the American people." http://thankyoult.li ve.radicaldesigns.org/content/view 11921 Page 2 of 3 Posters, t-sh and 11/17/2006 Third Estate Sunday Review: Remember Ehren Watada? II SEARCH BLOG II FLAG SLOG I Next Blog>> Page 1 of 3 Create Blog I Sign In Third Estate Sunday Review The Third Estate Sunday Review focuses on politics and culture. We're an online magazine. We don't play nice and we don't kiss butt. In the words of Cher: "If you can dig it then I'm happy and if you can't then I'm sorry." We're not really sorry, we just wanted a "dig it" quote. Don't like it! There are millions of sites online -- move along, you're blocking the view. Sunday, November 12, 2006 Remember Ehren Watada? ~ Hey, remember Ehren Watada? In June, he was news. Carried on a little throughout the summer. The Nation even did two pieces on him (online 'exclusives' - - translation, not a worthy topic to print). Truthout, BuzzF/as!7, Common Dreams, Democracy Now! and others were allover this. Now in August, he had an Article 32 hearing. By that point, even The New York Times had written an article about him. He is the first commissioned officer to publicly refuse to deploy to Iraq. Watada, rightly, feels the war is illegal. To go to Iraq would be to participate in war crimes and risk that those serving under him participate in them as well. How did he come to that conclusion? By following a superior's advice, after Watada learned that he was going to Iraq, and studying up on the war. So he does so and discovers that the war is illegal. He repeatedly attempts to resign. The US military is having nothing to do with that. In June, he publicly announces he will not deploy. His unit deploys and Watada doesn't. He's a US war resister and, in the beginning, it looked as though independent media might be interested in the story. Then came the August 17th Article 32 hearing. And where was independent medial Early on, the US military was attempting to force reporters to offer testimony. Is that what spooked indymedia? We have no idea. (Our guess is that they just don't give a damn.) But the one-day hearing was worth About Me Name: Third Estate Sunday Review Location: New York, US Jim, Dona, Jess, Ty, "Ava" started out this site as five students enrolled in journalism in NY. Now? We're still students. We're in CA. Journalism? The majority scoffs at the notion. From the start, at the very start, C.L of The Common Ills has helped with the writing here. C.L's part of our core six/gang. (C.L and Ava write the TV commentaries by themselves.) So that's the six of us. We also credit Dallas as our link locator, sound board and much more. We try to remember to thank him each week (don't always remember to note it here) but we'll note him in this. So this is a site by the gang/core six: Jim, Dona, Ty, Jess, Ava and C.L (of The Common Ills). View my complete profile -::),~(,~"ii-.- COOEPINK FOR PEACE Previous Posts Truest statement of the week A Note to Our Readers Editorial: Now what? TV: Saturday Night Dead The Full Brobeck Remember Ehren Watada? You gotta' stay loose, limber and prepared Go down, Dexy Junior campaigned in strange places http://thirdestatesunda yreview. blogspoLcom/2006/ 111remember -ehren - w atada.html 1111712006 Third Estate Sunday Review: Remember Ehren Watada? covering. Both for the fact that he was facing the equivalent of a grand jury hearing to determine whether or not he would be 'indicted' as well as the three witnesses that provided testimony for the defense and what they had to say. [Swiping from C.I.: "For details on Ann Wright's testimony, click here, Dennis Halliday click here, and here for Francis A. Boyle.] Independent media's lack of interest should have been obvious then. The hearing took place on a Thursday. Amy Goodman did include in headlines on Democracy Now/ . . . on a Tuesday. Five days later. Sounded like it was trying to be sneaked in. Whatever the reason, the way it sounded made many think the presiding officer had reached a recommendation. (He hadn't. It would be two more days before his decision was announced. By which point, one indymedia journalist, writing at an indymedia site, would go on what he thought he heard on DN/ and have published -- before the recommendation was announced, that Watada was going to be court- martialed.) Some never even bothered to announce it that the one-day hearing took place. When the recommendation came back it was in favor of a court- martial. That was in August. Carolyn Ho, Watada's mother has spoken publicly repeatedly to raise awareness on her son. Ehren Watada's father, Bob Watada, and his step-mother, Rosa Sakanishi, have basically been living on the road with breaks between their tours to raise awareness on Watada. The only independent media outlet that we're aware of interviewing Bob Watada in all this time (when he was more than willing to grant interviews as the mainstream press can tell you) was KPFA (Philip Maldari interviewed him for The Morning Show.) Waiting for the world to change? We'd be happy if independent media would change. (Yes, that's at least the third John Mayer ref in this edition, we've listened to Continuum nonstop.) Thursday evening, the US military announced they were moving forward with a court-martial. Some how The KPFA Evening News reported it and C.!. were able to note that on Thursday. Others weren't. Well, there was Friday, right? Oh, cookie, you gotta' lose that cherry. Rebecca's "remember the ladies? forgotten at the democracy now round-table" surveyed independent media outlets Friday to find out who was noting it and, later that day, Mike's "Ehren Watada's going to be court-martialed and indymedia doesn't bother to tell you" provided an update. (No on Democracy Now/, Common Dreams, BuzzF/ash, Truthout, The Nation, The Progressive, . . .) Somehow, mainstream press outlets in Hawaii and Seattle were able to report on it Friday. The Associated Press started noting it Thursday and that story was picked up pretty much everywhere in big media. CBS ran it here. Well Saturday, surely, Saturday would be different, right? Again, you're going to have to lose that cherry. Page 2 of 3 10 CDs we listened to during the writing of this e... Links The Common Ills . Sex And Politics and Screeds and Attitude . Thomas Friedman Is a Great Man . Kat's Korner (of The Common Ills) . Mikey likes It! . Cedric's Big Mix . like Maria Said Paz . Seth in the City . The Daily Jot . Trina's Kitchen . Cedric's Big Mix (old site) . Liberal Oasis . The Official Cass Elliot Web Site . Consortium News . Why Are We Back In Iraq? . Illicit Darkness http://thirdestatesundayreview.blogspot.com/2006/ 1 1 Ire member -ehren- watada.html 11/17/2006 Third Estate Sunday Review: Remember Ehren Watada? Page 3 of 3 . The Smeal Report Trina's "Turkey in the Kitchen" looked into our indy outlets and found the same thing Rebecca and Mike had the day before: Nothing. Does this cut it? We don't think so. . A New leif As C.I. noted Friday, it was part of a pattern: War resister Ivan Brobeck returned to the US from Canada to turn himself in Tuesday and he didn't even make the indy headlines. (Nora Barrows Friedman did interview him on Monday's Flashpoints.) It's not cutting it. Not for Brobeck, not for Kyle Snyder who's also been ignored after returning to the US and, on October 31st, turning himself in at Fort Knox only to self-check out again after discovering the military had lied yet again. Not for Joshua Key who learned that the Canadian government was denying him refugee status. So somehow, in June, when he took a stand, he was news. But when the stand results in a court-martial, there's no time to even note that;> . Pacifica Radio . Center for Constitutional Rights . National lawyers Guild . News Dissector . The Black Commentator It's a real shame that independent media lacks both Watada's strength and his committment. We deal with the issue of coverage elsewhere in this edition ("The Full Brobeck"). For now, let's just note that it's becoming impossible to get current news on war resisters. Again from C.I.: . law and Disorder . Impeachment Handbook Information on war resistance within the military can be found at Center on Conscience & War, The Objector, The G.I. Rights Hotline, and the War Resisters Support Campaign. Courage to Resist offers information on all public war resisters. Appeal for Redress is collecting signatures of active duty service members calling on Congress to bring the troops home n the petition will be delivered to Congress in January. . Ron Schalow's Headline News . BullShitArtist posted by Third Estate Sunday Review @ Sunda~ November 12; 2006 . law and Disorder < < Home . GreenStone Media . Should This Marriage Be Saved"; (Common Ills) . Reading Press Releases live Fr( The Green Zone (C.l.) Site Feed n 1 Power ~ Blogger http://thirdestatesundayreview . blogspot.com/2006/ II/remember -ehren-watada.html 11/1712006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 1 of 4 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Matt C,-.Abbott June 8, 2006 I thought I'd ask some solidly orthodox Catholics to comment on Arm}' Lieutenant Ehren Watada's refusal to be deployed to Iraq because of his objection to the war. The following are slightly-edited statements on the matter from three Catholic priests and three Catholic lay persons: Father Tom E1I1eneuer: Matt C. Abbott "We have to believe in the fundamental right of conscientious objection in any field. It is especially important in the fight against the world's most vicious dictatorship, the culture of death. Lt. Watada has the right to object in conscience to a war he feels is immoral as long as he is willing to pay the price for that conscientious objection. "What I find striking about this story is that the Army seems to have refused to grant space to this man's conscience. They refused to re-assign him and seem to be making an example of him when they should rather be respecting his convictions. The Army is certainly big enough to accommodate people who do not wish to participate in any given war, and it hardly seems there will be a groundswell of conscientious objection to the war from within the ranks of an all-volunteer army. "My basic point is that conscience has to be respected, and when it is not, we politicize and trivialize the moral dimension of life which is the foundation of everything. This is as true for the war in Iraq as it is in the fight against abortion. When we undermine conscience, we all lose." Father Jeffrey Robideau: "I am not an expert on what constitutes a just war, but I have studied, though some time ago, the Just War Theory. From this I know that the Church has always taught that war is sometimes a necessary evil and that the state has to right to declare war against another state if certain conditions are present and one will fight according to certain rules. These can all be studied under the Just War Theory. "The politics and bias media coverage make it difficult for any individual to determine if this is a just war or not. With this being the case, how can a Catholic make a decision as to weather or not to fight or not fight this war? In one sense, as a Catholic, we have the duty and obligation to listen to what the Church says. On the other hand, we have many leaders in the Church who fall into the trap of false charity, false forgiveness or have a modernist agenda. We cannot follow such leaders when it comes to such issues. "We have another teaching called patriotism. Patriotism is a virtue one must develop in life. Again we have a problem. The same as we have corrupt leaders in the Church, we have corrupt leaders in the state. To whom are we to listen? http://www.renewamerica.us/columns/abbott/060608 11/1712006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 2 of 4 "Another teaching to come into play is that of following one's informed conscience. Again, when the information we are being feed is corrupt and bias, even with the best intention, we cannot make a good decision. "What if we look at history? I cannot come down against Islam for their violence. We have done violence as a church also. But we have learned from our mistakes. We even teach religious tolerance now. The problem is that the Islamic nations do not seem to be willing to learn this lesson. Why? We were able to learn because violence has never been our doctrine. Violence was done by man in the name of religion. For the Muslims, violence is doctrine. They are to kill infidels (us) if they do not convert. They will not be willing to change their doctrine of the sword any more than we would be willing to change our doctrine on the Trinity. "Also part of our history is the Crusades. We, as the Church, went to war against these same people. Why? Because they were killing our pilgrims. They were doing what Muslims do - kill those of differing opinions on religion. We protected ourselves - something allowed by Church teaching. "Does any of this help? No! It is all very confusing. When there are no certain paths to take, one must make the best choice they can, having prayed and considered all the facts they can find. With this, one will also need to be willing to face consequences for his actions. The most important consequence is not from the Church or state, but from God. "This last part is my opinion about the Iraq war. We are there for the wrong reasons, based on bad, distorted or propaganda type information. The war may have been inevitable because of the situation in the Middle East and the fact we were attacked by Muslims. Islam is more than a religion; it is also their government. So this is not a religious war, but a war between states. This allows our government the right to declare war on them. The problem is that the religion is not constrained by geographic boundaries. We must ask then, where are we willing to take this war, including within our own nation? "We will not be able to make Iraq a democratic nation, nor do we have to. It will be temporary at best. There should be no problem with there being an Islamic state. After all, we are a Christian state, with laws based on Christian principles. Why should they not be allowed to do the same with their state? There is room for both. If that is what they want, then fine, religious freedom allows for it. They must, however, change their policy on killing us. They must allow us to exist as a Christian state. They must also respect human dignity in that there can be no more torture, mass murder, or genocide. "So what is a soldier to do? Ask: Is the state asking me to do anything immoral? If not, then the state is a legitimate authority and we must follow. The state has the right and duty to protect and defend the citizens of the state. If it is immoral, then we have a Christian duty to defy the state and face the consequences." Eather Burns Seeley: "Below is a copy of the oath which Lt. Watada took as a member of the U.S. Army. However, he declares that the war in Iraq is immoral and unjust and refuses to return to Iraq. 'I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.' "It is questionable whether a U.S. soldier may legally be free of penalty or punishment, if he declares that he objects in conscience to a particular war, but not to all wars. http://www.renewamerica.us/col umns/ abbottl060608 11/17/2006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 3 of 4 (See http://www.objector.org/advice/conscientiousobiector-25.html#pgfld-127) "Of course, he is still free in conscience to object to any particular war. But his should be a well- informed conscience and he also should be willing to accept any punishment a court martial may mete out to him." WilHam Grossklas: "If our country is unjustifiably attacked by another country and you wish to fight the attackers, have at it. It's just too bad that's not the case with the United States. "By the same token, as we have an all voluntary military, any soldier who believes the government's course of action is wrong, then that man has the right to refuse to fight. If not, then our government is no better than the Nazis. Remember the excuse of those on trial at Nuremburg, 'Befehl ist befehl! - 'Orders are orders.' That doesn't cut any ice and soldiers are not to blindly obey their leaders when they conscientiously believe them to be in error - whether that be a squad leader or the president of the United States (recall My Lai and Haditha). Otherwise, what's voluntary about our military? "The same freedom of conscience also applies to soldiers who have been drafted - even more so because they've been put into bondage by their own government and not by their own will. Slavery was supposed to have been outlawed in the United States after the conclusion of the illegal war of the tyrant Lincoln - the same as Bush's wars today. The only difference is that Bush and his neo-con allies haven't reinstituted the draft, yet, but they are extending tours of duty for those they've shipped to Afghanistan and Iraq and it's taking its toll on the mental state of those troops. "If the state doesn't own me, they don't have the right to compel me to serve in its wars. If it assumes that right, then I'm not a free man and the U.S. is not a free country. Of course, to show that is the case outside of the draft is relatively simple. But that is a subject for another time. And as far as war in general goes, Catholic teaching is clear on this. You have the right to repel an aggressor. The current conflicts in which the United States is engaged, unfortunately, have no such justification. "As far as Lt. Ehren Watada goes, all the more power to him. I salute his efforts. Of course, if they went after Michael New for refusing to wear the UN Blue, I suspect they're going to come down with both feet on Watada. After all, a totalitarian state can't have its subject disobeying." Sus_a!l_~orskL: "My dad was a Lieutenant Colonel in the United States Air Force. We do not currently have a draft in place so military service is voluntary for which people enlist. Anyone who enlists in the military service should have the reasonable expectation that they may be called upon to fight in a war. It's plainly a part of what the military does. People who don't have that expectation, however just or unjust the war may be, really don't have any business joining, or remaining enlisted in, the military. As with other conscientious objectors, they should be released from all military duty or request to be discharged. "As to determining the justice of the Iraq war, one has to know all the facts, which would also include any military secrets the government does not release to the public. Otherwise, it is 'best guess' or personal opinion. The Catholic Church allows for fighting a just war. My father did, and because he was a bomber pilot, he dropped bombs that killed people during World War II. He used his side arm as well. He could have objected to fighting the Nazis, but he believed it to be a just war. My father enlisted, and he flew 25 missions and was shot down twice. Was it worth it? He thought so, and I'm proud to be his daughter because of the sacrifice he was willing to make and did make." Kelly Ames: http://www.renewamerica.us/columns/abbott/060608 11/17/2006 (Good) Catholics' views on Lt. Ehren Watada, Iraq war Page 4 of 4 "I can respect the Watada's position, but regarding Catholic social teaching, I do not think the Iraqi war is unjust at all. Saddam Hussein killed at least a few hundred thousand of his own people. We, as well as the UN, had given him many warnings and even imposed sanctions that he completely ignored. His people were basically starving and had no hope for the future under his oppressive regime. "The media has been terribly negative about the war, and we never hear about anything positive. It is very hard to find the truth - one has to read 'Opinionjournal.com' or the blog 'President Aristotle' to find out about the successes and structural improvements that have occurred within Iraq. I do not like war and hope we are able to get out of Iraq as soon as possible, but if we were to do so now, we would be deserting the Iraqi people and their new government." Matt C. Abbott is a Catholic columnist. He can be reached at mattcaPbott@gmail.com . @ Copyright 2006 by Matt C. Abbott bJ:1:Q:JJ..YV ww . ren~w a rn~[jca. usI~QlumDs!gbbot!JOQQQQfl The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of Alan Keyes, RenewAmerica, or its affiliates. http://www.renewamerica.us/columns/abbott/060608 11/ 17 /2006 To The Ashland City Council November 21, 2006 Good evening. My name is Amy Cuddy, and I live at 194 Logan Drive in Ashland. I am here tonight to ask that you postpone your decision on banning fluoride in the city water - and to ask that you research this issue more fully before voting. In my remarks I want to make four points: 1. We have a problem in our community. 2. There is a safe and effective solution to the problem, a solution which the ordinance before you pre-empts. 3. This is not a health issue; it is, however, a class issue. 4. Experts on this subject are available and should be consulted before a significant policy decision is made. Point #1: We have a problem in our community. Poor dental health is the most prevalent public health problem affecting children in Jackson County. We have pre-schoolers in our community who need root canals, and elementary students with decay in over 90% of their teeth. These are children who cannot pay attention in school due to tooth pain and who in some cases cannot eat well enough to thrive. And their prognosis is not good. Dental problems can plague a person for a lifetime, damaging his or her overall health, limiting his or her chances of employment, and encouraging self-medication/substance abuse to dull the pain. It is well known in the field that good oral health is built on a 3-legged stool of prevention (brushing, flossing and so on), access to dental care, and fluoridation. In our community we have no fluoridation, and limited access to care, leaving one leg to try to hold up the stool. And it isn't working - as local healthcare providers, especially those who serve the needy, can attest to. Point #2: There is a safe and effective solution to the problem. a solution which the ordinance before you ore-emots. The American Dental Association (ADA) has supported the use of fluoridation for more than 55 years. Their web site lists study after study supporting its use, some studies which demonstrate its clear health benefits and other studies which dispel safety concerns. And I quote from the ADA web site: "Fluoridation of community water supplies is safe. This has been the American Dental Association's (ADA) policy since 1950. The ADA's policies regarding community water fluoridation are based on the overwhelming weight of credible scientific evidence. This body of knowledge is based on the efforts of nationally recognized scientists who have conducted research using the scientific method, have drawn appropriate balanced conclusions based on their research findings and have published their results in refereed (peer-reviewed) professional journals that are widely held or circulated such as The Journal of the American Medical Association and the American Journal of Public Health. Studies showing the safety of water fluoridation have been confirmed by independent scientific studies. Throughout more than 55 years of research and practical experience, the overwhelming weight of credible scientific evidence has consistently indicated that fluoridation of community water supplies is safe. The possibility of any adverse health effects from continuous low-level consumption of fluoride has been and continues to be extensively studied. Of the hundreds of credible scientific studies on fluoridation, none has shown health problems associated with the consumption of optimally fluoridated water. " End quote. So clear is the link, however, between fluoride and reduced dental disease that on October 14th of this year the Food and Drug Administration (FDA) issued a decision, allowing bottlers to claim that their fluoridated bottled water may reduce the risk of cavities and tooth decay. In issuing this ruling the FDA cited the [mdings of the Surgeon General, the Centers for Disease Control, and others. You've probably seen vitamin waters; well, coming soon to a grocery store near you will be fluoridated waters! In addition, public health departments in some states have begun issuing or are considering issuing fluoridated bottles of water to new mothers to mix with baby formula. Point # 3: This is not a health issue; it is. however. a class issue. Please be aware that in Ashland the issue of fluoridation is, at least in part, an economic class issue. Those who can afford it buy prescription fluoride drops for their infants and later prescription vitamins that contain fluoride for their children to ingest - on the advice of their pediatricians; they buy fluoride rinses for their children to swish with every day - on the advice of their dentists and orthodontists; and they pay for topical fluoride applications at the dentist. In other words, the privileged still get fluoride, if they choose. It is the most vulnerable children who do not. And sadly they may never get fluoride. But if you pass this ordinance, they certainly will not. Studies show that for every $1 invested in fluoridation, future dental care costs are reduced by $38. That's in part why I keep buying those fluoridated vitamins; while those who cannot afford the vitamins probably can't afford the subsequent dental work. You may have seen the article in The Mail Tribune a couple of days ago about the pediatric dentist from Southern Oregon who has been doing work in impoverished communities in Vietnam. According to the article, his next goal is to bring fluoridation to the water there, that is to provide an important health benefit to people who need it but are simply too poor to pay for it. How ironic. As I said, it's a class issue. Point #4: Experts on this subiect are available and should be consulted before a significant policy decision is made. Clearly I am a citizen who believes in the benefits of fluoride. I understand that you have heard from other concerned citizens who do not. Good people can disagree, even about what the science says. So, what I am asking is that you not take my word for it or any other citizen's word. Rather that you delay this decision, and in the meantime ask to hear more -much more - from some experts, both locally and nationally, such as the ADA; the Surgeon General; our county health director, Hank Collins; the dental program manager at La Clinica del Valle; the director ofthe Children's Dental Clinic, which uses volunteer dentists to provide free dental care to needy children in the Rogue Valley, and so on. Should you wish, I would be happy to help with referrals and/or in other ways. As a start I have attached to my printed remarks a three-page list of national and international organizations that recognize the public health benefits of community water fluoridation. These organizations range from the March of Dimes to the Alzheimer's Association and from the National Head Start Association to the American Cancer Society. I hope this will be a helpful reference for you. Thank you for your consideration this evening. National and International Organizations That Recognize the Public Health Benefits of Community Water Fluoridation for Preventing Dental Decay: Academy of Dentistry International Academy of General Dentistry Academy for Sports Dentistry Alzheimer's Association America's Health Insurance Plans American Academy of Family Physicians American Academy of Nurse Practitioners American Academy of Oral and Maxillofacial Pathology American Academy of Orthopaedic Surgeons American Academy of Pediatrics American Academy of Pediatric Dentistry American Academy of Periodontology American Academy of Physician Assistants American Association for Community Dental Programs American Association for Dental Research American Association for Health Education American Association for the Advancement of Science American Association of Endodontists American Association of Oral and Maxillofacial Surgeons American Association of Orthodontists American Association of Public Health Dentistry American Association of Women Dentists American Cancer Society American College of Dentists American College of Physicians-American Society of Internal Medicine American College of Preventive Medicine American College ofProsthodontists American Council on Science and Health American Dental Assistants Association American Dental Association American Dental Education Association American Dental Hygienists' Association American Dietetic Association American Federation of Labor and Congress of Industrial Organizations American Hospital Association American Legislative Exchange Council American Medical Association American Nurses Association American Osteopathic Association American Pharmacists Association American Public Health Association American School Health Association American Society for Clinical Nutrition American Society for Nutritional Sciences American Student Dental Association American Veterinary Medical Association American Water Works Association Association for Academic Health Centers Association of American Medical Colleges Association of Clinicians for the Underserved Association of Maternal and Child Health Programs Association of State and Territorial Dental Directors Association of State and Territorial Health Officials Association of State and Territorial Public Health Nutrition Directors British Fluoridation Society Canadian Dental Association Canadian Dental Hygienists Association Canadian Medical Association Canadian Nurses Association Canadian Paediatric Society Canadian Public Health Association Child Welfare League of America Children's Dental Health Project Chocolate Manufacturers Association Consumer Federation of America Council of State and Territorial Epidemiologists Delta Dental Plans Association FDI World Dental Federation Federation of American Hospitals Hispanic Dental Association Indian Dental Association (U.S.A.) Institute of Medicine International Association for Dental Research International Association for Orthodontics International College of Dentists March of Dimes Birth Defects Foundation National Association of Community Health Centers National Association of County and City Health Officials National Association of Dental Assistants National Association of Local Boards of Health National Association of Social Workers National Confectioners Association National Council Against Health Fraud National Dental Assistants Association National Dental Association National Dental Hygienists' Association National Down Syndrome Congress National Down Syndrome Society National Eating Disorders Association National Foundation of Dentistry for the Handicapped National Head Start Association National Health Law Program National Healthy Mothers, Healthy Babies Coalition National Kidney Foundation Oral Health America Robert Wood Johnson Foundation Society for Public Health Education Society of American Indian Dentists Special Care Dentistry Academy of Dentistry for Persons with Disabilities American Association of Hospital Dentists American Society for Geriatric Dentistry The Children's Health Fund The Dental Health Foundation (of California) U.S. Department of Defense U.S. Department of Veterans Affairs U.S. Public Health Service Health Resources and Services Administration (HRSA) Centers for Disease Control and Prevention (CD C) National Institute of Dental and Craniofacial Research (NIDCR) World Federation of Orthodontists World Health Organization Permission is hereby granted to reproduce and distribute this Fluoridation Facts Compendium in its entirety, without modification. To request any other copyright permission please contact the American Dental Association at 312- 440-2879. a history of the mandatory fluoridation of public water systems Whether we believe water fluoridation is good or bad comes down to what sources of information we choose to believe. The Center for Disease Control promotes water fluoridation. For many years, the public health industry told us that lead was safe in gasoline and DDT was good for us. We know today the falsity of those campaigns. It is, of course, wise to question authority when that authority's research is funded by industries with financial and political interests at stake. Christopher Bryson, an award-winning journalist and former producer at the BBC spent 10 years researching the public fluoridation of water in the writing of his 2004 book, "The Fluoride Deception." Bryson's research uncovered that the first suggestion that fluoride be added to public water supplies was made in 1939 by a researcher, Gerald Cox, at the Mellon Institute in Pittsburg. Cox became interested in fluoride because of the suggestion of Francis Frary (the director of the aluminum laboratory for the Aluminum Company of America, ALCOA), the largest producer of toxic sodium fluoride waste. Frary suggested that Cox look at Fluoride's dental effe~ At the time that ALCOA was being threatened by fluoride damage claims, Cox was employed by ALCOA to fluoridate lab rats, and he concluded that fluoride reduced cavities and claimed that it should be added to the nation's water sUPPlies~1947, Oscar Ewing, a long-time ALCOA lawyer, was appointed head of the Federal Security Agency, placing him in charge of the Public Health Service. Over the next three years, eighty-seven new U.S. cities began fluoridating their water. Bryson studied the files of the Manhattan Project and the Atomic Energy Commission and found that in the forties, fluoride was being researched by the Manhattan Project and the University of Rochester as one of the important toxic components in creating the atomic bomb. As a result of the enormous quantities of fluoride needed to produce the bomb that was dropped on Hiroshima, the Manhattan Project asked the toxicology department at the University of Rochester to come up with medical information that could help the government in lawsuits in which the United States Army and the U.S. government were being charged with fluoride pollution. According to James M. Dunning, Harvard School of Dental Medicine, 1984. (Quote from: Social Science & Medicine 1984, vol. 19, page 1245.) "The big cities in the United States were mostly fluoridated by executive action in such a way as to avoid public referenda." Bryson also found that during the 90's, a nuerotoxicologist at a Harvard-affiliated research institute, Phyllis Mullenix, had invented a new technology for studying the nuerotoxicity of various chemicals. When Mullenix was brought into the Forsythe Dental Research Institute in Boston, she was asked to study the effects of fluoride. Mullenix refused to waste her time because she thought fluoride was good for children and it had been around for many years. Against her better judgment, she was ordered to study the effects of fluoride. She found that, when given in very modest doses, fluoride lead to lower la's and produced symptoms in rats strongly resembling attention deficit and hyperactivity disorder (ADHD). Just days before her research was accepted for publication, Mullenix was fired as the head of toxicology at the Forsyth Dental Center. Then her application for a grant to continue her fluoride and central nervous system research was turned down by the U.S. National Institute of Health (NIH). This industry-leading nuerotoxicologist has received no grants since that time to continue her research. Yet, according to a Portland Tribune issue on March 24, 2006, a panel of the Washington, D.C.-based National Academy of Sciences released a report finding that fluoride is less safe than previously thought, and that the federal Environmental Protection Agency's safety limit on fluoride in water should be lowered. They found that fluoride causes a harmful variety of dental fluorosis. They also found persuasive evidence that fluoride in water increases bone fractures as well as stiffness in the joints of the elderty, and that it also may be related to Alzheimer's disease, marginally reduce 10 in children and alter the endocrine and hormonal levels that control most of the functions of the human body with unknown effects. The study indicated that the chemical may even cause bone cancer. "In about 60% of 2000 referenda held in the U.S. since 1950, fluoridation has been voted down." - Chemical & Enqineerinq News August 1, 1988 The Fluoride Action Network has a list of roughly 150 cities that rejected public water fluoridation since 1991 on their website with an associated story for most cities. According to Oregon representative Dennis Richardson of Central Point in 2005, the F.D.A. has never tested nor approved fluoride. In a written position on his website, he stated, "I believe the issue of whether or not a community should add fluoride to its own water system is a local matter for local determination." I strongly agree with this statement. Hopefully our City Council will pass an ordinance prior to the 2007 legislative session to be clear that the City opposes mandatory fluoridation of our drinking water. And hopefUlly with such an ordinance on the books, Ashland could be exempted from a future mandatory water fluoridation law. This is why I support the resolution restricting the addition of substances to he drinking water. [Bryson awards: George Polk Award for work at Public Television's The Kwitny Report. In 1998, he was part of a team that won a National Headliner award at ABC News Productions for a History Channel documentary on the bombing of Pan Am Flight 103. J Fluoride Ordinance Art Buliock 1. The fluoride ordinance is poorly written law that doesn't accomplish its objective. The ordinance is basically a single sentence prohibiting any person from adding medication to City water. Council Communication Packet explains the city corporation wants to protect itself against state government, especially the 2007 legislative session, from requiring it to add fluoride to Ashland's drinking water. Unfortunately, fluoride can easily be interpreted as NOT a medication. The law fails to define medication, which it should have done. Given the lack of definition, Oregon Supreme Court will require the common usage definition; they use Webster's International Unabridged Dictionary. This dictionary defines medication as a drug used to treat illness. Fluoride can thus be interpreted as NOT a drug. Fluoride is a mineral. It's a required mineral. You can't live without it. Like iron, it's a standard mineral that's considered part of the food supply. It's a food, not a drug. Fluoride is also a poison. If you take too much of it, it causes fluoridosis, a medical condition. Some American cities are in regions with lots of fluoride in ground water used for drinking; they have treatment plants to REMOVE fluoride from the water because of its dangers. So fluoride is a mineral that can cause harm in large quantities. If you go to the supplements section of your vitamin store, you won't find fluoride. It's given under doctor's prescription, in either pill or liquid form. Even though it's given by prescription, it could easily be argued that it's still not a drug, or a medication because it doesn't treat illness. It's no more a drug or medication than sugar or iron or Vitamin C. 2. This law should not be passed to second reading until 4 things are done: (1) The word 'person' should be defined. And it's not even appropriate to use the improper definition of person in tonight's other ordinance, the picnics and parades ordinance, since that ordinance defines a person as 'any person,...'. That absurd definition is the classic example of a circular written law that definies a word in terms of itself. You have 2 ordinances tonight with the improper use of the word person. Both need to be fixed. (2) The word 'medication' should be defined. Remember: the problem with fluoride is not just fluoride, it's waste products in and along with the fluoride compound. You don't get just fluoride. You get fluoride as part of a compound. You could have the situation where piggy-backing on the fluoride were other chemicals not considered medication, which caused harm or did not satify the precautionary principle. You should define the contents to include the sorts of fillers, liquifiers, gels, emulsifiers, etc., that accompany medication and aren't themselves medication. (3) You should specifically add terms like 'minerals, vitamins, and health supplements' to prevent the argument that fluoride is not a medication from gutting the law's intended purpose. (4) Council is trying to avoid the word 'fluoride'. However, if you don't include, the law may be worthless in an Oregon court or attorney general ruling. AMeRICAN DENTAL ASSOCi.AT10N A\Q)A.,'GRAM November 9, 2006 A forum for breaking news and timely information from the ADA Interim Guidance on Reconstituted Infant Formula Have any of your patients ever asked what type of water should be used when mixing powdered or liquid concentrate infant formula? Information about fluoride intake for infants and young children, which includes interim guidance on reconstituted infant formula, is posted on ADA.org. The appropriate amount of fluoride is essential to prevent tooth decay, but fluoride intake above the recommended level for a child's age creates a risk for enamel fluorosis in teeth during their development before eruption through the gums. According to fluoride intake guidelines set by the Institute of Medicine, the amount of fluoride recommended for babies under a year old is less than that for older children and adults. Infants less than one year old may be getting more than the optimal amount of fluoride (which may increase their risk of enamel fluorosis) if their primary source of nutrition is powdered or liquid concentrate infant formula mixed with water containing fluoride. Recent developments led the ADA to develop the interim guidance. Last spring, the National Research Council released a report on naturally occurring fluoride in drinking water. While not the major focus of the report, research was cited that raised the possibility that infants could receive a greater than optimal amount of fluoride from reconstituted baby formula. Then, on Oct. 14, the FDA said bottlers could claim that fluoridated water can reduce the risk of dental cavities or tooth decay, but that this claim could not be used on water marketed to infants. More research is needed before definitive recommendations can be made, but, in the meantime, if parents and caregivers are concerned, the ADA's interim auidance provides steps to simply and effectively reduce fluoride intake durinQ a baby's first ~ear of life. Essentially, the ADA supports the pediatricians' recommendations on the , benefits of breast feeding and notes that using ready-to-feed formula for bottle-fed babies will keep their fluoride intake under 10M limits. If using a product that needs to be reconstituted, parents and caregivers should consider using water that has no or low levels of fluoride. Visit ADA.orQ for additional information on fluoride. If you have questions about products containing fluoride, contact John Malone (2878, malonei@ada.orQ). With questions about community water fluoridation, contact Jane McGinley (2862, mcginleyi@ada.org). This ADA E-Gram is brought to you by ADA Member Advantage, a program sponsored by ADA Business Enterprises, Inc., a for-profit subsidiary of the American Dental Association. Copyright @ 2006 American Dental Association. Reproduction or republication strictly prohibited without prior written permission. See Privacy Policy and Terms of Use for further legal information. To unsubscribe from our e-mail list, please click here. " I AMC 2.501 2.52 Ordinances Art Bullock 1. This is another ordinance that shifts power from Council to staff. And again, there's no problem justifying the ordinance. This is another in a series of staff power-enhancing ordinances that trades off public interests. 2. Staff's continuing argument is 'efficiency'. Obviously staff can argue that giving a department head the sole authority to decide on a large contract is more efficient. It's LESS efficient in the long term because of the problems of low accountability and abuse of power. Taxpayers want accountability and public review of contracts. Note the packet says it's more efficient. It DOESN'T say it's safer or more accountable or more transpaarent, which is the public interest. 3. As you know, we've had problems of no-bid contracts being given to friends and family of councilors anad other employees. In a city Ashland's size, there's too much opportunity for sweetheart contracts being given under the radar. This improper law increases, not decreases, the potential for misuse of public funds for the friends and neighbors of department heads. 4. As is now the norm, the problems requiring the ordinances aren't specified, other than a comment that Karl Olson and Dawn Lamb say that any amount less than $75,000 'hamstrings' them. That's an inadequate problem description for a law that shifts more power to staff, 5. Taxpayers want opennness and transparency. Last summer, Public Works Director Paula Brown brought you a request approval to do work AFTER it had been done. We don't have an efficiency problem. We have an abuse of power problem, and the lack of accountability and transparency that accompanies it. How difficult is it to require council approval for these contracts? Often they're just a formality, consent- agenda style. At least they're in the council communication packet so we have a public record of what's going on before it happens. There's still no adequate reason given for why these contracts can't be approved by council inthe public interest rather than staff alone. 6. City of Ashland is addicted to consulting projects, and this ordinance is the recipe to feed the addiction. Instead of using staff to do the work, we're using staff time to hire and inform and manage external consultants. This ordinance does NOT promote a more limited use of consulting contracts, which is a public interest. 7. Department heads should NOT be sole authority to determine sole source contracts and negotiate for them. In Nevada LID, Paula Brown was the department head responsible for managing the contract with Thornton Engineering of Medford and she refused to disclose her ownership of real estate property that benefited from the contract. Giving Paula Brown and other department heads more authority to decide on sole source and negotiate the contract is a recipe for more abuse of power. Regardless of whether the contract is under 2.52 or 2.50, the effect is the same. 8. When Franell approves as to form, he doesn't indicate that it's in the public's best interest to pursue this contract. This should be done by one or more elected officials. It would be reasonable for the mayor, an elected official to approve a small contract as in the public's best interest, and council the same for large contracts. It's not reasonable to expect a department head to do so. They have personal agendas and professional goals that easily override their judgment of the public interests. In addition to mayor or council approving a contract in the public interest, the city administrator should specifically approve the contracts as being in the public's best interest. 9. The $75,000 limit for contract approval is far too high. We can have massive amounts of work-- and mischief--done for contracts less than that. The requirement to not break a project into pieces to stay under the limit is easily circumvented. Conclusion. This is a major trade-off of the public interest for accountability, transparency, and openness to increase staff's power to operate without public disclosure or review. It also concentrates power in the executive branch of government, cutting off the council's review and oversight power. This law isn't in the public interest. It's in the department heads' interest. It's inappropriate to give staff this much power without council oversight. The ordinance should not be passed. ORDINANCE NO. AN ORDINANCE ADDING A NEW SECTION TO TITLE 14, CHAPTER 4, RESTRICTING THE ADDITION OF CHEMICALS OR SUBSTANCES TO THE DRINKING WATER THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: A new section shall be added to Ashland Municipal Code, Title 14, Chapter 4, which shall read: 14.04.050 Water System Chemical Addition Restrictions. a) It shall be unlawful and a public nuisance for any person to introduce or add any substance to the public water supply for the purpose of acting as medication for humans. b) Notwithstanding paragraph a), the City of Ashland will treat its drinking water to make it safe and potable in such a way that it meets Maximum Contaminant Level Goals established pursuant to the federal Safe Drinking Water Act (42 V.S.C. 300f et seq.) c) Also not withstanding paragraph a), thc City of Ashland may accept water into its public water supply from another govemmental iurisdiction in the event of an emergency in which the additional water were needed due to a catastrophe even if that jurisdiction adds substance( s) for the purpose of acting as medication for humans. The foregoing ordinance was first read on the _ day of PASSED and ADOPTED this _ day of , 2006. Barbara M Christensen, City Recorder , 2006, and duly SIGNED and APPROVED this _ day of John W Morrison, Mayor ,2006. Reviewed as to form: Michael Franell, City Attorney AGREEMENT CITY OF ASHLAND And ASHLAND POLICE ASSOCIATION July 1, 2006 - June 30, 2009 TABLE OF CONTENTS PREAMBLE..... ......... ..................................... ............. ............. ...... ....... ... ........ .... ......... ................ ...... 5 SCOPE OF AGREEMENT................................................................................................................. 6 ARTICLE I - RECOGNITION...... ..................................................................................................... 7 ARTICLE II - ASSOCIATION SECURITy..................................................................................... 8 2.1 Check off.............................................. ........... ..... ........ ........... ............................. ...... 8 2.2 Fair Share... ................................................................................................................. 8 2.3 Religious Objection ..... .......... ......... ............................ ........... ............. ........ ........ ........ 8 2.4 Hold Harmless ...................................................... ........ ........... ...... ... ........ ............ ...... 8 2. 5 New Hires.... ............................................................................................................... 8 2.6 Bulletin Boards........................................................................................................... 8 2.7 Association Representatives....................................................................................... 9 2.8 Solicitation.................................................................................................................. 9 2.9 Visits by Association Representatives........................................................................ 9 2.10 E-Mail Usage ............... ............. .................................................................................. 9 ARTICLE III - MANAGEMENT RIGHTS ..................................................................................... 10 ARTICLE N - STRIKE PROHIBITION......................................................................................... 11 ARTICLE V - H OLIDA YS .............................................................................................................. 12 5.1 Recognized Holidays................................................................................................ 12 5.2 Holiday Compensation ...... .........................................:............................................. 12 5.3 Holiday Work ........................................................................................................... 12 5.4 Holiday Compensation Time................................................... ................................. 12 ARTICLE VI - VACATIONS .............................................................................................. ............ 13 6.1 Eligibility.............. ................................................................................ .................... 13 6.2 Continuous Service............................................ ....................................................... 13 6.3 Accrual Limitations........................................................ .......................................... 13 6.4 Scheduling ................ ................................................................................................ 14 (A) Bid................................................................ ...................................................... 14 (B) Other Requested Time Off................................................................................. 14 6.5 Payment on Termination.......... .............................. .............................. ....... ............. 14 ARTICLE VII - HOURS OF WORK.............. .................................................................................. 15 7.1 Work Hours .............................................................................................................. 15 7 .2 Workday... ................................................................................................................. 15 7 .3 Workweek................................................................................................................. 15 7 .4 Work Schedule.... ....................... ............................................................................... 15 7.5 Shift Rotation ............................................................................................................ 16 7.6 Rest Periods ................................. ...................................... .................................... ..... 16 7.7 Meal Period...... ......................................................................................................... 16 City of Ashland! Ashland Police Association CBA 2006-2009 2 7.8 Overtime ............................. ......... ........................... ............... .... .................. ......... .... 16 7.9 Call-back Time......................................................................................................... 17 7.10 Compensatory Time. ................................................................................................ 17 7.11 Shift Trades. .............................................................................................................. 18 ARTICLE VIII - SICK LEAVE................................... ..................................................................... 19 8.1 Accumulation.................................. ................................................. ......... .......... ... ... 19 8.2 Utilization for Illness or Injury................................................................................. 19 8.3 Integration with Workers' Compensation .......................... ................................ ....... 19 8.4 Sick Leave Without Pay.................. ........... ............................................................... 20 8.5 Termination........... ........ ....... ........:...................... ....................................................... 20 ARTICLE IX - OTHER LEAVES OF ABSENCE........ ...... ............................................................. 21 9.1 Criteria and Procedure ............................................................................................... 21 9. 2 Jury Duty.................................................................................................................... 21 9.3 Appearances...... ......................................................................................................... 21 9.4 Required Court Appearances..................................................................................... 21 9.5 Election Day ......................................................... ............. .................................. ...... 21 9.6 Association Business........................................... ............ .... ........................... .... ....... 21 9.7 Educational Leave................ ........... ........................................................................... 21 9.8 Military Leave .... ............................ ......................... .................................................. 22 9.9 FMLA and OFLA Leave............................ ............................................................... 22 9.10 Compassionate Leave................................................................................................ 22 9.11 Failure to Return from Leave ..................................................................................... 22 ARTICLE X - COMPENSATION.................................................................................................... 23 10.1 Pay Schedule....................... .................................................. ...... ........ ........ ... .......... ...23 10.2 Pay Periods... .................................................. ..... ...................................................... 23 10.3 Overtime Compensation......................... ...... ............................................................. 23 10.4 Standby Pay.. ............................:............................... ................................................. 23 10.5 DPSST Certification .......... ...... ................... ........ .......................................................23 10.6 Special Assignment Pay........................ ....... ..............................................................23 ARTICLE XI - DISCIPLINE.................................. ........................................................................... 25 ARTICLE XII - SETTLEMENT OF DISPUTES...... ................. ...................................................... 28 12.1 Grievance and Arbitration Procedure...... .................... .............................................. 28 Step I 28 Step II 28 Step III 28 Step IV 28 ARTICLE XIII - SENIORITy...................................... ....... .............. ............... ................................. 30 13.1 Definition of Seniority..................... ............. ....... ...................................................... 30 13.2 Layoff and Recall..... .................... ... ........ ...... ................. ........................................... 30 13.3 Suspension of Seniority. ........ ... ................................................................................. 30 13 .4 Termination of Seniority...................... ......... ............................................................. 30 City of Ashland/ Ashland Police Association CBA 2006-2009 3 13.5 Probationary Period .................................................................... ............................... 31 13.6 Notice of Recall from Lay-off Status .............. ........ .... ................................. ..... .... .... 3 I ARTICLE XIV - PROMOTIONS ............... ............ .................. ............. ................. ... ................ ....... 32 14. I Postings ...................................................................................................................... 32 14.2 Promotional Probationary Period............................................ .................................. 32 AR TICLE XV - GENERAL PROVISIONS..................................................................................... 33 15.1 No Discrimination........................................................................... .......................... 33 15.2 Professional Standards and Safety Committee........................................................... 33 15 .3 Rules........................................................................................................................ .. 33 15.4 Other Employment............... d................................................................................... 33 15.5 Supervisory Employees............................................................................................. 33 15.6 Uniforms, Protective Clothing and Devices.............................................................. 34 15.7 Educational Allowance.................... ............... ........................................................... 34 15.8 Position Description................................................................................................... 34 15.9 Personnel File.............................................. .~............................................................ 34 (A) Inspection............................................................................................................ 34 (B) Employee Signature .. .................... .................................................. ............ ........ 34 15.10 Training............................................................................................. ......................... 35 15.11 Travel Time for Training and Other Off-Site Activities ........................................... 35 15.12 Fitness for Duty............................................... .......................................................... 35 ARTICLE XVI - HEALTH, WELFARE & RETIREMENT........................................................... 36 16.1 Health and Welfare .................................................................................................... 3'6 16.2 Retirement.......................................................... .......................................... _............. 37 16.3 Deferred Compensation............................................................................................. 37 ARTICLE XVII - WORKERS ' COMPENSATION..... ................................................................... 38 ARTICLE XVIII - LIABILITY INSURANCE.... ............. ........ ........................................................ 39 ARTICLE XIX - SAVINGS CLAUSE AND FUND ....................................................................... 40 19.1 Savings Clause........................................................................................ ................... 40 19.2 Funding...................................................................................................................... 40 ARTICLE XX - TERMINATION AND REOPENING ................................................................... 41 APPENDIX "A" - CLASSIFICATIONS WITHIN BARGAINING UNIT..................................... 42 APPENDIX "B" - WAGE SCHEDULE................................... ........................................................ 43 APPENDIX "c" - DETECTIVE ASSIGNMENT AND COMPENSATION ................................. 44 City of Ashland/ Ashland Police Association CBA 2006-2009 4 ~ AGREEMENT Between THE CITY OF ASHLAND And ASHLAND POLICE ASSOCIATION PREAMBLE This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the "City," and the Ashland Police Association, hereinafter called the "Association". Unless indicated otherwise, reference to the "City" herein shall include the Mayor and City Council or their designee(s) as the officials directly responsible for the operation of the department covered by this Agreement. The purpose of this Agreement is to set forth the full and complete Agreement between the parties on matters pertaining to rates of pay, hours of work and other conditions of employment. City of Ashland/ Ashland Police Association CBA 2006-2009 5 SCOPE OF AGREEMENT This Agreement shall apply to all employees of the Police Department, Ashland, Oregon as set forth in "Appendix A," but excluding members of the Ashland Police Reserves, irregular part-time employees, seasonal and temporary employees, supervisors and other classifications as set forth in Appendix A. Where the term "employee" is used, it shall mean regular full or part-time employees or probationary employees within the bargaining unit, as defined in Article XIII and Appendix A. The parties agree as follows: CIty of Ashland/ Ashland Police Association CBA 2006-2009 6 ARTICLE I - RECOGNITION l.l The City recognizes the Association as the sole and exclusive bargaining agent for the purposes of establishing rates of pay, hours of work and other conditions of employment for all employees within the bargaining unit described inunediately above. l.2 When any position not listed on the pay schedule is established, the City shall designate a job classification and pay rate for the position. The Association shall be notified and the pay rate established by the City shall be considered tentative until the Association has been afforded the opportunity to meet and confer on the matter. If the Association does not agree that the classification or pay rate is proper, the Association may pursue its bargaining rights in accordance with PECBA. City of Ashland/ Ashland Police Association CBA 2006-2009 7 ARTICLE 11- ASSOCIATION SECURITY 2.1 Checkoff. Any employee who is a member of the Association or who has applied for membership shall sign and deliver to the Association, who shall forward to the City, an original assignment authorizing deductions of membership dues in the Association. Such authorization shall continue in effect from year to year unless revoked or changed in writing. Pursuant to each authorization the City shall deduct such dues from the first salary check of said employee each month. The amounts deducted shall be remitted to the Association by the fifteenth (l5th) of the succeeding month to the official designated by the Association in writing to receive such deduction. 2.2 Fair Share. Employees who are not members of the Association shall make payment in lieu of dues to the Association. Such payment shall be the same amounts as provided for regular Association dues, initiation fees and assessments. The section shall be referred to as the "fair Share" Agreement and the City shall deduct from the first salary check of each employee, each month, the payments for regular dues or payments in lieu of dues and shall remit the same to the Association by the fifteenth (l5th) of the succeeding month. 2.3 Relh~ious Objection. Any employee having bona fide religious tenets or teachings which prohibit association with a labor organization or the payment of dues or payment in lieu of dues to a labor organization, shall pay an amount of money equivalent to regular Association dues, initiation fees and assessments to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Association. The City shall deduct from the first salary check of each such employee, each month the payments to such charitable organization and shall remit the same to the charitable organization by the fifteenth (l5th) of the succeeding month. The employee shall supply proof to the Association, each month that has been done. 2.4 Hold Harmless. The Association agrees to hold the City harmless against any and all claims, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions ofthis article. Upon written notification by the Association of a check-off error, the City will make adjustments within thirty (30) days of receipt of such notification. 2.5 New Hires. The City will notify the Association of all new hires in the unit within two (2) weeks after their having been employed, furnishing the Association with the new employee's name, social security number, mailing address and position for which he/she has hired. 2.6 Bulletin Boards. The City agrees to allow suitable wall space in the Police Station, not to exceed 3'x 3' for bulletin boards to be used by the Association for the posting of notices and bulletins relating to the Association. The Association shall limit its posting of Association notices and bulletins to such bulletin board, which shall be used only for the following Association notices and bulletins: A. Recreation and social affairs of the Association B. Association meetings C. Association elections City of Ashland/ Ashland Police Association CBA 2006-2009 8 D. Reports of Association committees E. Rulings or policies of the International Association F. Communjcations from the Association to the bargaining unit G. Current events regarding Association activity 2.7 Association Representatives. Employees selected by the Association to act as representatives shall be certified in writing to the City by the Association. Duties required by the Association representatives, except attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Article XII, shall not interfere with their or other employees' regular work assignments as employees of the City. Contacts between Association representatives and employees or the Association may be made during working hours so long as the contact does not disrupt regular Department operations. A maximum of two (2) employees shall be permitted to attend negotiation and mediation sessions during regular working hours without loss of pay. Additional team members, as well as employees who participate in negotiations or mediation during off duty hours, will not be paid for such attendance. 2.8 Solicitation. The Association agrees that its members will not solicit membership in the Association or otherwise carry on Association activities during workjng hours, except as specifically provided in this Agreement. 2.9 Visits bv Association Representatives. The City agrees that accredited representatives of the Association, upon reasonable and proper introduction, may have reasonable access to the premises of the City at any time during working hours for the purpose of assisting in the admimstration of this Agreement, if they first obtain permission to do so from the Police Chief or his/her designated representative. In no case will such access be unreasonably denied. 2.10 E-Mail Usa2e. The Association and Association representatives shall be allowed to use City e-mail to commumcate with Association members for the purposes set forth in Section 2.6 above. Employee use of e-mails and internet access is governed by the City's Electronic Media and Services Use Policy, as it currently exists or is subsequently modified. City of Ashland/ Ashland Police Association CBA 2006-2009 9 ARTICLE III - MANAGEMENT RIGHTS 3.1 The City shall retain the exclusive right to exercise the customary functions of management including, but not limited to, directing the activities of the Department; determining the levels of service and methods of operation including contracting and subcontracting, and the introduction of new equipment; the right to hire, lay-off, transfer, and promote; to discipline or discharge for cause as defined in Article XI; to determine the content, duties and responsibilities of job classifications; to make, revise and discontinue rules, consistent with the terms of this Agreement; to determine work schedules and assign work; and any other such rights not specifically referred to in this Agreement. The failure by the City to exercise its rights under this Article or to exercise its rights under this Article in a particular way shall not be taken as a waiver of such rights. City of Ashland! Ashland Police Association CBA 2006-2009 10 ARTICLE IV - STRIKE PROHIBITION 4.1 The Association and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any authorized strike, work stoppage, or slowdown, picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, when acting in the course of their employment, shall not honor any picket line established in the City by the Association or by any other labor organization when called upon to cross a picket line in the line of duty. Disciplinary action, including discharge may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the City. 4.2 In the event of an unauthorized strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Association will immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in Section 1 above shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement. 4.3 The City agrees that there will be no lockout of employees of the bargaining unit as a consequence of any dispute with the Association arising during the term of this Agreement. City of Ashland/ Ashland Police Association CBA 2006-2009 11 ARTICLE V - HOLIDAYS 5.1 Recoenized Holidays. The following shall be recognized as Holidays: New Years Day (January 1) Martin Luther King's Birthday (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (1 st Monday in September) Veterans Day (November 11) Thanksgiving Day (4th Thursday in Noverriber) Day after Thanksgiving Christmas Day (December 25) Employee's Birthday Employee's Anniversary Date of Hire If an employee is on authorized vacation, sick leave, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.2 Holiday Compensation. Each regular full-time employee shall receive eight (8) hours compensation for each of the holidays listed above on which he/she performs no work, irrespective of the length of the employee's assigned/scheduled workday. This compensation shall be paid on the first payday of December of each year. Regular part-time employees shall receive pro-rated holiday pay. 5.3 Holiday Work. If any regular employee is required to work on any of the holidays listed above, he/she shall be compensated at his/her regular straight time rate for all hours worked, in addition to eight (8) hours compensation at his/her regular straight time rate of pay for the holiday, which shall be paid on the first payday of December of each year. 5.4 Holiday Compensation Time. On December 1 each year, an employee may elect to take up to twelve (12) days (96 hours) in lieu of holiday pay as compensatory time off, provided that not more than a total of twelve (12) such days may be elected during the twelve (12) month period from December 1 to December 1 of each year. Said compensatory days shall be scheduled mutually by the employee and the Police Chief. Employees are encouraged to provide as much notice of the requests for holiday compensatory time off as possible. Holiday compensation time off shall be scheduled in any amount of blocks of 15 minute increments, so long as no other employee is subjected to overtime to cover the employee's absence. An employee's holiday compensation time off request shall not be unreasonably denied. City of Ash]and/ Ash]and Police Association CSA 2006-2009 ]2 ARTICLE VI - VACATIONS 6.1 Elh:dbilitv. An employee shall be eligible to take accrued vacation leave with pay after one (1) full year of service with the City. Regular full-time employees shall accrue vacation leave on a monthly basis in accordance with the following schedule: A. Employees with less than four (4) full years of continuous service shall accrue eight (8) hours of vacation credit for each calendar month of service (12 working days maximum). B. Employees with more than four (4), but less than nine (9) full years of continuous service, shall accrue ten and two-thirds (10.67) hours of vacation credit for each calendar month of service (16 working days maximum). C. Employees with more than nine (9), but less than fourteen (14) full years of continuous service, shall accrue twelve and two-thirds (12.67) hours of vacation credit for each calendar month of service (19 working days maximum). D. Employees with more than fourteen (14), but less than nineteen (19) full years of continuous service, shall accrue fourteen and two-thirds (14.67) hours of vacation credit for each calendar month of service (22 working days maximum). E. Employees with more than nineteen (19) full years of continuous service shall accrue sixteen (16) hours of vacation credit for each calendar month of service (24 working days maximum). Regular part-time employees covered by the Agreement shall receive prorated vacation benefits in accordance with the above schedule. The City agrees to make vacation accrual increases effective the 1 sl pay period following ratification by Association and approval by the Council. 6.2 Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall continue unless one of the events listed in Article 13.4 occurs. 6.3 Accrual Limitations. Vacation leave taken shall not be in excess of the amount actually accrued at the time it is taken. An employee may accumulate up to two years of vacation at the applicable accrual rate for their length of continuous service. The City shall notify an employee thirty (30) days in advance of pending loss of accrued vacation time. The City will post every employee's maximum accrual limitations on the Department bulletin board and will periodically update accrual postings. An employee who is about to lose vacation credit because of accrual limitations, may notify his/her immediate supervisor fifteen (15) days in advance of his /her need to be absent to prevent such loss. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. If an employee does not take hislher accrued vacation time after being notified by the City, such vacation credit shall be deemed forfeited, unless failure to take vacation is caused by the City's insistence that the employee be at work. In the event that the City City of Ashland/ Ashland Police Association CBA 2006-2009 13 insists that the employee be at work, the employee will be allowed to accumulate vacation leave in excess of the maximum or be paid for such leave, at the City's discretion. 6.4 Schedulinl:?. Vacation time off may be taken in as little as 15 minute increments. A. Bid Employees shall be permitted to request vacation on the basis of classification seniority annually. All days of the year shall be available for the annual seniority bid. The vacation schedule shall be posted as of December 1 st and will be closed as of January 1 st. Subsequent changes to the bid may be made only by mutual consent of the parties. Employees may submit a request for three blocks of time off during each annual bid. Based upon classification seniority and subject to reasonable operation needs of the Department, employees shall be awarded three bids. Each employee will be allowed to exercise their first bid choice before any employee is granted a second bid choice. Each employee will then be allowed to exercise their third bid choice after the completion of the second bid choice. Junior members of the bargaining unit may not be awarded three bids, if they are outbid by more senior members. B. Other Requested Time Off After the annual bid has concluded, employees may request additional time off on a first come first serve basis. Such requests shall not be denied because of supervisory time off, unless such supervisory time off was approved and posted prior to an employee's submission of a written request for time off. Vacation time shall be granted if no overtime is incurred, consistent with operational needs. Nothing in this subsection prohibits the City from allowing a vacation request even if the request requires the payment of overtime. 6.5 Payment on Termination. In the event of death, termination or other severance of employment of an employee during the initial twelve (12) months of hislher employment, no vacation is considered earned and no payment in lieu of vacation shall be made. In the event of death, termination or other severance of employment after an employee has served for twelve (12) continuous months, and is otherwise eligible for vacation credits, the employee shall be entitled to payment for accrued vacation leave at the wage rate applicable on the date of severance of employment. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. City of Ashland/ Ashland Police Association CBA 2006-2009 ]4 ARTICLE VII - HOURS OF WORK This article is intended to be construed only as a basis for recognizing overtime, and shall not be construed as a guarantee of hours of work per day or per week. Any flex-time arrangements must be by written mutual agreement between the City and the Association. 7.1 Work Hours. The regular hours of a regular full-time employee shall be five (5) consecutive eight (8) hour days followed by two (2) consecutive days off or four (4) ten (10) hour days followed by three (3) consecutive days off, as determined by the City consistent with operational needs. 7.2 Workday. The workday shall consist of an eight (8) or ten (10) hour day within a twenty-four (24) hour period, including rest periods (i.e. the 24 hour period will begin at the start of the employee's work day and end 24 hours later). This section shall not apply to scheduled training days, so long as the employee has eight (8) hours off work between the end of the training session and beginning of his/her normally scheduled shift. If less than eight (8) hours is allowed, overtime shall apply for all hours worked on the employee's normally scheduled shift with less than eight (8) hours off work. If, for any reason training is canceled the City may return the affected employees to their regular work schedules without incurring overtime. 7.3 Workweek. The workweek shall consist of a seven (7) day work schedule with five (5) consecutive eight (8) hour days, followed by two (2) consecutive days off or four (4) consecutive ten (10) hour days, followed by three (3) consecutive days off. The seven (7) day work schedule will begin at the start of the employee's first day of work and end 168 hours later. An employee may, upon approval of his/her supervisor, work a scheduled day off in exchange for another day off during their regular workweek. However, the following conditions must be met to allow for a modification in the employee's scheduled workweek: A. The modification cannot cause the City to incur overtime obligations. Employees requesting such modifications waive their right to receive overtime under Section 7.4 for working outside their regular work schedule for the period of the modification. Additionally, the request will be denied if the modification would cause the City to incur overtime obligations to another employee. B. Any requests for a change in an employee's workweek must be submitted in writing to his/her immediate supervisor for approval at least seven (7) days (168 hours) in advance of the first affected shift. C. Denial of an employee's request for a modification in the employee's regularly scheduled workweek shall not be grievable. 7.4 Work Schedule. All employees shall be scheduled to work on a regular shifts and each shift shall have regular starting and ending times. Work schedules showing the employee's shift, workdays and hours shall be posted on the Department's bulletin board for thirty (30) days prior to their effective date, except for emergency situations and for the duration of the emergency, and except for scheduled training for which ten (10) days' notice is required. Employees will normally City of Ashland/ Ashland Police Association CBA 2006-2009 15 be given seven (7) calendar days advance notice of any change in their work schedule, which is required by the City. Employees whose work schedules are changed by the City without seven (7) calendar days advance notice will be paid at overtime rates for time worked outside their regular work schedule, except under the following circumstances: A. When the scheduling changes are made in response to an emergency (Act of God, natural disaster, civil unrest, or governmental declaration of emergency) and only for the duration of the emergency; B. When scheduling changes are made to accommodate non-mandatory training, for the employee requesting and attending the training only; C. Upon mutual agreement between the City and the employee. 7.5 Shift Rotation. Employees shall rotate work-shifts by bidding for 3-month work cycles each calendar year. Bidding shall be conducted annually, commencing on November 1 st and ending on December I st. Employees will be awarded shifts within the classification they are assigned, based on classification seniority, provided that they bid for at least two (2) different shifts within the year. In the event an employee leaves the City's employment with eight (8) or more weeks remaining in a shift rotation, the Association may elect the right to re-bid shift rotations for the remainder of that three (3) month work cycle. All re-bidding must be completed by the Executive Board during regular working hours and must be confirmed by the Association in writing, within one week of the date the employee leaves the City's employment. All employees who exercise re-bidding rights waive the right to seven (7) days advance notice of shift changes under Article 7.4. Re-bids shall not count as one of the two (2) different shifts required each year. Notwithstanding the above, employees who are assigned to light-duty position to recover from on or off-the-job injuries or illnesses may be assigned to shifts to accommodate their light-duty position without regard to seniority. 7.6 Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during each half shift, which shall be scheduled by the City in accordance with its determination as to the operating requirements and each employee's duties. 7.7 Mea) Period. To the extent consistent with operating requirements of the department, meal periods shall be scheduled in the middle of the work shift, or as close to a normal mealtime as possible. The meal period shall be thirty (30) minutes and shall be considered on-duty time. 7.8 Overtime. The City has the right to assign overtime work as required in a manner most advantageous to the City and consistent with the requirements of municipal service and the public interest. Except as otherwise provided in this Agreement, employees, excluding detectives, shall be compensated at the rate of one-and-one-half (1 1/2) times their regular rate for overtime work by the City under the following conditions: City of Ashland/ Ashland Police Association CBA 2006-2009 16 A. All assigned work in excess of eight (8) hours on any scheduled workday for employees who are scheduled to work an eight (8) hour workday and all assigned work in excess of ten (10) hours on any scheduled workday for employees who are scheduled to work a ten (10) hour workday. B. All assigned work in excess of forty (40) hours in workweek. The City shall not be liable for the payment of overtime when more than forty (40) hours are worked in a seven (7) day period as the result of a scheduled seniority shift rotation for sworn personnel. To this end the City may work an employee (80) hours in a 2-week period before incurring any overtime liability. C. Detectives shall be compensated for overtime as set forth in Appendix C. D. All work assigned outside an employee's work schedule, except in accordance with Section 7.4 of this Article. In no event shall such compensation be received twice for the same hours. Overtime work will be equitably distributed to other employees within the same classification whenever possible. 7.9 Call-back Time. Employees called back to work shall receive overtime pay (effective 15t pay-period following ratification by the parties), with a guaranteed minimum of four (4) hours at the overtime rate for the work for which they are called back. Employees called back to work on a regularly scheduled day off shall receive overtime pay with a guaranteed minimum of four (4) hours at the overtime rate for the work for which they are called back. This section applies only when call-back results in hours worked which are not annexed consecutively to one end or the other of the working day or working shift. This section does not apply to scheduled overtime, callback times annexed to the beginning of the work shift, holdover times annexed to the end of the work shift or work day or to briefroutine phone calls. For purposes of this section, a regularly scheduled day(s) off shall commence at the conclusion of the last scheduled workday of the work week and end at the beginning of the next scheduled work week. 7.10 Compensatory Time. Overtime work shall be compensated by compensatory time at the rate of one-and -one-half times the hours worked to a maximum accrual of eighty (80) hours or by cash payment at the rate of one-and-one-half times the regular hourly rate at the option of the employee. Employees are encouraged to provide as much notice as possible of requested time off. Compensatory time shall be taken at such times in such blocks as are mutually agreed upon between the employee and his/her supervisor, subject to the following: A. Employees must provide a minimum of forty-eight (48) hours advance notice of the requested compensatory time off. This forty-eight (48) hour notice will, subject to "B" below, be considered reasonable notice under FLSA. The department may waive the forty-eight (48) hour advance notice requirement. City of Ashlandl Ashland Police Association CBA 2006-2009 17 B. Minimum staffing shall remain at two (2) officers and one (l) sergeant or the established minimum, as determined by the City. If the employee cannot secure a volunteer to cover for the employee requesting compensatory time off and thereby assure minimum staffing levels, compensatory time will be denied. 7.11 Shift Trades. Qualifying employees may trade shifts as per Department policy. For the trade, the employees will indemnify and hold the City harmless for any overtime provisions which would otherwise be applicable. City of Ashland! Ashland Police Association CSA 2006-2009 18 ARTICLE VIII - SICK LEAVE 8.1 Accumulation. Sick leave shall be earned by each eligible full-time employee at the rate of eight (8) hours for each full calendar month of service, irrespective of the employee's work schedule. Sick leave shall not accrue during periods of unpaid leave or layoff. Employees who return to work from unpaid leave or recall from layoff shall, however be credited with any unused sick leave they had accrued prior to unpaid leave or layoff. Sick leave may be accumulated to a total of nine hundred and sixty (960) hours and must be taken for the purposes specified in Section 8.2 below, as a condition precedent to any sick leave payment. 8.2 Utilization for Illness or Injury. Employees may utilize their accrued sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the Police Chief or other supervisor of absence due to illness or injury, the nature and expected length thereof, as soon as possible prior to the beginning of his /her scheduled regular work shift, unless unable to do so because of the nature of injury or illness. Employees are encouraged to schedule routine medical and dental appointments outside their regularly scheduled working hours, whenever possible. In the event such appointments must be scheduled during an employee's scheduled shift, every effort must be made by that employee to give the Department at least twenty- four (24) hours advance notice. The City may require an employee to submit certification by a physician or health care professional or other acceptable verification of the reason for utilization of sick leave as a precondition to payment of sick leave whenever the employee's absence exceeds three (3) workdays or whenever the City can articulate a good faith concern (e.g. questionable patterns of usage, etc.) regarding the employee's eligibility to receive sick leave. For the purpose of this section and the following sections of this Article, pregnancy shall be treated as any other illness or disability. An employee may be granted up to three (3) days, per calendar year, paid sick leave for the employee to care for an ill or injured family member. The Chief of Police may also grant employees. up to ten (10) additional days per calendar year to care for family members who are hospitalized or suffering from disabling medical conditions, as well as to transport family members to hospitals or treatment facilities. For the purpose of this Section family member includes: spouse, children, parent and "domestic partner" as defined in Article XVI, Section 16.1. 8.3 Inteeration with Workers' Compensation. When an employee suffers a work-related injury or illness, the City's obligation to pay under this sick leave Article is limited to the difference between any payment received under Worker's Compensation laws and the employee's regular pay, minus state and federal deductions. In such instances, no charges will be made against accrued sick for the time an employee is absent from work to receive medical treatment on the date a work- related injury or illness occurs and leave for the first three (3) days following the injury or illness. Thereafter pro-rated charges will be made against accrued sick leave, unless an employee is absent from work for a work related injury or illness that exceeds ninety (90) calendar days. In situations where and employee's work-related injury or illness exceeds ninety (90) calendar days, the City will credit sick leave benefits paid to the employee during that period back to his/her sick leave bank. City of Ashland/ Ashland Police Association CBA 2006-2009 19 8.4 Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave and other paid leave banks have been exhausted. The City may require that the employee submit a certificate from a physician periodically during the period of such disability and before returning to work. 8.5 Termination. Sick leave is provided by the City in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon hislher death or termination of employment, except as provided for in Article XVI, Section 2. City of Ashland/ Ashland Police Association CBA 2006-2009 20 ARTICLE IX - OTHER LEAVES OF ABSENCE 9.1 Criteria and Procedure. Leaves of absence without pay not to exceed ninety (90) days may be granted upon establishment of reasonable justification and where it is determined that the operation of the department and/or division will not be negatively impacted by the temporary absence of the employee. Requests for such leaves must be in writing and submitted to the Police Chiefthirty (30) days prior to the requested leave date, unless otherwise waived. 9.2 Jury Duty. Employees shall be granted leave with pay for service upon a jury provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day employee shall immediately contact their supervisor for assignment for the remainder of hislher regular workday. 9.3 Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation he/she may receive as witness fees. 9.4 Required Court Appearances. Leave of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 9.5 Election Day. Employees shall be granted two (2) hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. 9.6 Association Business. Employees elected to any Association office or selected by the Association to do work which takes them from their employment with the City may, upon written request of the Association and the employee, be recommended by the Police Chief for a leave of absence, of up to thirty (30) days without pay. Employees selected by Association to attend collective bargaining sessions between the Association and the City shall not suffer a loss of payor benefits as a result of attendance at such meetings. However, all efforts shall be made to schedule such meetings so as not to adversely affect the staffing or operation of the department. 9.7 Educational Leave. After completing one (1) year of continuous service, an employee, upon written request, may be granted a leave of absence without pay by the City for the purpose of upgrading hislher professional ability through enrollment in educational courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the Police Chief. One year leaves of absence, with requested extensions for educational purposes may not be provided more than once in any three (3) year period. His/her replacement shall be considered a temporary employee. Employees shall also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs and other programs of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered by the employee's Police Chief. City of Ash]and/ Ash]and Police Association CBA 2006-2009 2] 9.8 Military Leave. Military leave shall be granted as required by Oregon Revised Statutes and federal law. Employees may use accrued vacation and holiday time for official military leave in excess of the employer-paid time provided by statute. 9.9 FMLA and OFLA Leave. The City will comply with the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA). Employees who are absent from work for FMLA or OF LA qualifying reasons, but who are not eligible to receive sick leave benefits, will be paid accrued compensatory time and/or vacation pay for their absences. In the event an employee does not specify whether heLshe prefers to utilize compensatory time or vacation time, compensatory time will be utilized first, then vacation pay. FLMA and OF LA leaves will run concurrently. 9.1 0 Compassionate Leave. An employee will be granted up to three (3) days compassionate leave with regular pay in the event of death in hislher immediate family. For the purpose of this section an employee's immediate family shall include: spouse, domestic partner, as defined in Article XVI, Section 16.1, parent, stepparent, children, stepchildren, brother, sister, grandparents, mother-in-law or father-in-law and grandparent-in-law. The employee will be paid hislher regular hourly rate for any such days of excused absence, which occur only during this assigned workweek. An additional two (2) days with regular pay may be granted and shall not be unreasonably denied. The City may, at its discretion, grant other compassionate leave under exceptional circumstances. 9.11 Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned hislher position with the City, and hislher position shall be declared vacated; except and unless the employee, prior to the expiration of hislher leave of absence, has furnished evidence that he/she is unable to work by reason of sickness, physical disability or other legitimate reason beyond hislher control. City of Ashland! Ashland Police Association CBA 2006-2009 22 ARTICLE X - COMPENSATION 10.1 Pay Schedule. Emp]oyees shall be compensated in accordance with the pay schedule attached to this Agreement and marked "Appendix B." This pay schedule shall incorporate the following wage increases: A. Effective Ju]y 1, 2006, all bargaining unit base wages will be increased 6%. B. Effective Ju]y 1,2007, all bargaining unit wages will be increased 5%. C. Effective Ju]y 1,2008, all bargaining unit wages will be increased 4%. 10.2 Pay Periods. Emp]oyees shall be paid every other Friday. Pay periods shall be for 14 days beginning at 12:01 A.M. on Saturday, and ending on the 14th day (Friday) at 12:00 P.M. Pay days shall be on the Friday following the close of each pay period. 10.3 Overtime Compensation. Authorized overtime shall be paid in the form of payor compensatory time off pursuant to Article VII, Subsection 7.10. All overtime shall be recorded by the employee and must be approved by the Police Chief or designated supervisor. 10.4 Standby Pay. An employee assigned to standby status to handle emergencies during hislher off-duty hours and who is required to remain at hislher home, shall be paid at twenty (20) percent ofhislher regular rate for all predetermined hours of such period. In addition, he/she shall be compensated at overtime rates for actual time worked to the nearest one-half hours and shall not be eligible for call-back time as set forth in Article VII.7.9. 10.5 DPSST Certification. An employee classified as a Police Officer shall, upon receiving an intermediate or advanced certificate from the Department on Public Safety, Standards and Training, be eligible for a monthly allowance of 5% or 8% of base rates, respectively. Effective Ju]y 1,2007, employees with an advanced certificate will receive a monthly allowance of 9% of base rates. Effective July 1, 2008, employees with an advanced certificate will receive a monthly allowance of 10% of base rates. 10.6 Special Assi2nment Pay. Employees assigned to the following special temporary assignments shall be compensated as follows: A. Detective. Any member of the bargaining unit assigned to detective status shall be compensated as set forth in Appendix C of this Agreement until relieved of such assignment. B. Officer in Char2e. Any employee on active duty designated by the City as acting in capacity in a higher level position other than hislher regular job classification shall receive 10% additional pay above hislher current base salary for the length of the assignment. This rate applies to hours worked only and when combined with other special assignment pay then the combined total shall not exceed 10% (e.g. DARE Officer 5% plus Officer in Charge 5%). City of Ashland/ Ashland Pollee Association CBA 2006-2009 23 C. Other Special Assi2nments. Special Assignments, including Motorcycle Officer, School Resource Officer, DARE Officer, and CAP Officer, shall be compensated an additional five percent (5%) over their normal monthly rate, until relieved of such assignment. Employees assigned to Field Training Officer shall receive an additional five percent (5%) for the period of the assignment. Employees assigned for SWAT callouts shall receive an additional five percent (5%) for the period of the callout. D. Clothin2 Allowance. The fifty dollar ($50.00) per month clothing allowance granted to detectives pursuant to Appendix C will be provided to any officer who is assigned to a non-uniformed assignment in excess of thirty (30) consecutive calendar days. City of Ashland/ Ashland Police Association CBA 2006-2009 24 ARTICLE XI - DISCIPLINE 11.1 No regular employee as defined in Article XIII may be disciplined or discharged, except for just cause. Disciplinary action, including discharge, may be imposed upon any employee for failing to fulfill his or her responsibilities as an employee. Conduct reflecting discredit upon the City or Department or which is a direct hindrance to the effective performance of City functions shall be considered good cause for disciplinary action. Such cause also includes, but is not limited to: misconduct, inefficiency, unsatisfactory work performance, incompetence, insubordination, violation of Department rules, unauthorized or excessive tardiness or absenteeism, dishonesty, engaging in political activities forbidden by State law, or other violations of Departmental standards of conduct. The employee, upon request, has the right to have Association representation at any meeting during which disciplinary matters are discussed. 11.2 Discipline for just cause may include the following: A. Written reprimand B. Demotion C. Suspension D. Discharge 11.3 An employee may be placed on paid administrative leave while charges against the employee are investigated. 11.4 Any disciplinary action imposed upon an employee, if protested, shall be protested only as a grievance through the regular grievance procedure. If a Police Chief or other supervisor has reason to discipline an employee, he/she shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public. Oral reprimands shall not be protested through the grievance procedure. Written reprimands, upon request of the employee, shall be removed from the personnel file at the end of three years from the time the reprimand was dated, provided there are no related subsequent written reprimands or disciplinary action taken during the intervening period of time. It is understood and agreed disciplinary action that has been removed from an employee's personnel file cannot be used for the purpose of progressive discipline. However, in the event an employee grieves subsequent disciplinary action, including discharge, at an arbitration hearing and the Association introduces evidence regarding the employee's past work record, the City reserves the right to introduce removed disciplinary action for the purpose of enabling the arbitration to evaluate the City's action. Additionally, in the event an employee grieves or otherwise challenges disciplinary action in a legal proceeding and raises the claim that (s)he was discriminated against or treated inconsistently, the City reserves the right to introduce disciplinary action removed from the personnel files of other employees for the limited purpose of addressing such claims of discrimination or inconsistency. City of Ashland/ Ashland Police Association CBA 2006-2009 25 11.5 Upon removal of documents, pursuant to 11.4, the City shall store all removed documents outside the Department until the mandated state archive period is complete. The Department documents shall not be released or used for any purpose after being removed from employee personnel files, except as set forth in Section 11.4 above. The City shall store all completed internal affairs investigations, which result in an unfounded or exonerated finding outside the Department. These documents will be disposed of in accordance with the state archive laws and shall not serve as the basis for further discipline. 11.6 The just cause protections set forth in the Article shall not apply to any employee who is discharged during probation, as defined in Article XIII. 11.7 When an employee is under investigation, which could lead to disciplinary action: A. The City shall notify the employee under investigation for a matter involving an Internal Affairs Investigation, as defined in Departmental General Order 2.06, in writing, at least forty-eight (48) hours prior to any interview of the nature of the investigation and the specific allegations levied against him or her. The employee will, upon request, be provided with a copy of any complaint submitted in writing at the time of this notification. B. The employee shall be entitled to Association representation and shall be provided a reasonable amount of time prior to the interview to consult with an Association representative, irrespective of whether the matter involves an Internal Affairs Investigation or Informational Report, as defined in Departmental General Order 2.06. Informational Reports are non-disciplinary in nature and are intended to document commendations and incidents that do not warrant discipline. Informational Reports may, however, be referenced in employee evaluations and used to identify training and professional needs. C. The City shall strive to hold the interview of an employee during normal business hours, which shall be defined as 8:00 a.m. to 5:00 p.m., Monday through Friday. This does not preclude management from scheduling an interview outside of normal business hours, provided a member of the Association's Executive Board (excluding a member who is a material witness or has a direct personal interest in the outcome of the investigation) is available to accompany the employee to the interview. In the event that the Association desires to have its legal counsel present at the interview, the Department will schedule the interview at a mutually agreeable time during normal business hours, provided the interview is not delayed more that three (3) business days. The interview shall be for a reasonable period, taking into consideration the gravity and complexity of the issue(s) being investigated. If the interview is of extended duration (i.e. beyond 2 hours in length), reasonable breaks will be afforded the employee being interviewed, upon request. Nothing in this Article is intended to prohibit the Department from conducting follow-up interviews with the employee, subject to the same conditions. City of Ashland/ Ashland Police Association CBA 2006-2009 26 Either the Department or the employee may request that a recording be made of the interview. Neither party will record the interview without informing the other that recording is taking place. If a recording is made by either party, the other party will provide a true copy of the recording upon request, but no more than five (5) business days after the request is made. Under no circumstances will the recording be shared with material witnesses during the period the investigation is pending. D. The City shall limit investigations to complaints, which have been reduced to writing by the complainant or Department. No employee will be required to appear or participate in an interview with the complaining party. - E. The Department will strive to complete investigations within thirty (30) days from the date the complaint or conduct giving rise to the investigation became known to management. In the even additional time is needed to complete the investigation, the employee and the Association's Executive Board will be notified of any extension and the reason(s) for the extension. The employee and the Association will further be advised of the outcome ofthe investigation. F. No employee will be required to submit to a polygraph examination. 11.8 No member of the Association will be required to participate in any type of Citizen Review Board in any form or by any title or name pertaining to the use of force or police practices/conduct Issues. 11.9 Whenever there is a use of force incident involving an employee discharging a firearm or there is a serious physical injury or death to any person, a Departmental supervisor will promptly notifY an Executive Board member. City of Ashland/ Ashland Police Association CBA 2006-2009 27 ARTICLE XII - SETTLEMENT OF DISPUTES 12.1 Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application and/or the Association, and/or employee with regard to interpretation issues, meaning or interpretation of this Agreement shall be settled in the following manner: Step I. The affected employee and, with regard to interpretation issues the Association and/or the employee, shall take up the grievance or dispute with the employee's supervisor as soon as possible but not more than ten (l0) days of its discovery. The employee shall specify the facts upon which the grievance is based and the contract article allegedly violated. The supervisor shall then attempt to adjust the matter within ten (l0) days. Step II. If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Association representative to the Police Chief, or his/her designee, within ten (l0) days after the response specified in Step I is due or received. The written notice shall include details of the grievance, the section of this Agreement allegedly violated and the specific remedy requested. The Police Chief, or his/her designee, shall respond to the Association representative in writing within ten (l0) days after receipt thereof. Step III. If the grievance still remains unadjusted, it may be presented by the Association to the City Administrator of the City or his/her designee(s), within ten (l0) days after the response specified in Step II is due or received. The City Administrator, or his/her designee(s), shall respond in writing to the Association within ten (10) days. Step IV. If the grievance is still unsettled, either party may within ten (l0) days of the decision of the City Administrator or his/her designee(s) under Step III have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Association. If the parties are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of five names of Oregon and Washington arbitrators. Both the City and the Association shall have the right to strike two names from the list The party requesting arbitration shall strike the first name and the other party shall then strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The arbitrator's decision shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the Agreement, but shall be limited to consideration of the particular issue(s) presented. His/her decision shall be based solely upon his/her interpretation of the meaning and express language of the agreement. Expenses for the arbitrator shall be borne by the losing party as designated by the arbitrator. However, each party shall be responsible for compensating its own representatives and witnesses. The City will adjust schedules, as necessary, to enable the grievant and one Association representative the opportunity to attend the arbitration hearing. Time spent at the arbitration hearing will be paid at straight-time rates. City of Ashlandl Ashland Police Association CBA 2006-2009 28 If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. If any grievance is not presented or forwarded by the employee or Association within the time limits specified above, such grievance shall be deemed waived. All days and hours specified shall be calendar. If the City fails to respond in a timely fashion, the grievance may be appealed to the next step. A grievance may not change once it has been filed in writing. City of Ashland! Ashland Police Association CBA 2006-2009 29 ARTICLE XIII - SENIORITY 13.1 Definition of Seniority. Only regular employees shall have seniority. Two types of seniority will be recognized for various purposes as set forth in this Agreement: bargaining unit seniority and classification seniority. Bargaining unit seniority shall be defined as an employee's length of service within the bargaining unit without termination of seniority, dating from hislher first day of compensable work within the bargaining unit. Classification seniority shall be defined as an employee's length of service within a job classification listed in Appendix "A" without a termination of seniority. Employees who move to different classifications within the bargaining unit will retain the classification seniority they had in their previous job classification. 13.2 Layoff and Recall. In the event of layoff, the selection of employees to be laid off shall be as follows: First, probationary employee(s) in the positions affected shall be laid off. If there are no such probationary employees, the employee in the position affected who has the least classification seniority in that position will be the first laid off and layoffs shall continue in that order. An employee who has classification seniority in a lower job classification may exercise hislher seniority to bump into that lower job classification, provided he or she is qualified to perform the work. When displacing another employee, the "bumping" employee's salary or wage shall be at the step that most closely approximates, but does not exceed, hislher salary range in the previous classification on the effective date of layoff. In order to be entitled to bumping rights, an employee must notify the Chief of Police of his intent to bump within seven (7) calendar days of receipt of layoff notice. Recall from layoff shall be in reverse order of seniority, provided the senior employee is capable of performing the work. 13.3 Suspension of Seniority. Bargaining unit and classification seniority shall be retained, but shall not continue to accrue during layoffs and authorized leaves in excess of ninety (90) calendar days. Also, employees who are promoted to posltlOns within the Department that are outside the bargaining unit, but are returned to a bargaining unit position by the City within the six (6) month promotional probationary period set forth in Article 14.2, will return with the bargaining unit and classification seniority they had accrued at the time of their promotion restored. The time an employee spends in such a position will not however be applied toward his/her seniority. 13.4 Termination of Seniority. Bargaining unit and classification seniority and the employment relationship shall be terminated if an employee: A. Quits; B. Is discharged for just cause; C. Is absent from work for three (3) consecutive working days without notification to the City, unless the City determines, in its discretion that mitigating circumstances existed to justify the failure to notify; D. Is laid off and fails to report to work within three days after receipt of notice of recall by certified mail or five days after delivery of such notice of recall; City of Ashland! Ashland Police Assoc:ial1on CBA 2006-2009 30 E. Is laid off from work for any reason for 24 months, or for a period of time equal to hislher seniority, whichever is shorter; F. Fails to report for work at the expiration of a leave of absence or in the case of an absence due to an on or off-the-job injury or illness, fails to report for work within seven (7) days of receipt of a full or limited medical release to return to work; G. If while on leave of absence for personal health reasons accepts other employment without permission; or H. Is retired. I. If the employee is absent from work due to an on-the-job injury or illness for a period in excess of three years from hislher original date of injurylillness or another event occurs to extinguish reinstatement rights in accordance with ORS 659A.043 and ORS 659A.046. (It is however understood and agreed that the seniority of an employee who is continuously absent due to an on-the-job injury or illness will be frozen after one year.) 13.5 Probationary Period. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the Department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. For new employees hired, the probationary period for entry-level employees shall be eighteen (18) full months of employment. The probationary period for lateral employees shall be twelve (12) full months of employment. Probationary periods will commence on the first day of an employee's compensable work in the bargaining unit and may be extended up to an additional six (6) months by written mutual approval between the City and the Association. The Association recognizes the right of the City to terminate probationary employees for any reason and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the shifting of work schedules and job classifications, the assignment of on-the-job training, cross-training in other classifications, the assignment of on-the- job training, cross-training in other classifications and the assignment to educational courses and training programs. Termination of a probationary employee shall not be subject to the grievance procedure under Article XII. 13.6 Notice of Recall from Lay-off Status. Recall from layoff exceeding five (5) work days shall be by certified letter sent to the employee at hislher last known address furnished to the City by the employee. The City may also use any other means to return an employee sooner. City of Ashland/ Ashland Police Association CBA 2006-2009 3\ ARTICLE XIV - PROMOTIONS 14.1 Postings. Promotional opportunities to job classifications listed in Appendix A (not assignments), as well as supervisory/management positions in the Department shall be posted for at least three (3) weeks prior to the filling of the position. 14.2 Promotional Probationary Period. Regular employees promoted into a higher classification within the Department shall serve a promotional probationary period of six (6) continuous months. The Association also recognizes the right of the City to demote an employee on promotional probationary status to his/her previous position. Demotion of an employee on promotional probationary status, as well as demotion of employee who was filling the employee's position within the promotional probationary period, shall not be subject to the grievance procedure under Article XII and such demotion shall not be considered a disciplinary action. City of Ashland/ Ashland Police Association CBA 2006-2009 32 ARTICLE XV - GENERAL PROVISIONS 15.1 No Discrimination. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to race, creed, color, age, sex, national origin or other protected status in accordance with applicable law. The Association shall share equally with the City the responsibility for applying the provisions of this Section. All references to employees in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include the male and female employees. Employees shall have the right to form, join, and participate in the activities of the Association or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the City or the Association by reason of the exercise of such right except as specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent himself in individual personal matters. 15.2 Professional Standards and Safety Committee. In order that the City may be informed and/or take appropriate action on professional standards of safety and protective equipment, a committee shall be formed composed of the Police Chief and/or hislher designated representatives not to exceed two, and representatives of the Association not to exceed three. This committee shall meet as mutually agreed upon, consider surveys and factual studies, and make recommendations for improvements to the City Administrator. 15.3 Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement its responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however, that no work rule will be promulgated or implemented which is inconsistent with a specific provision of this Agreement. All work rules which have been reduced to wliting will be furnished to the Association and to affected employees upon request. 15.4 Other Employment. Prior to accepting outside employment, an employee shall first discuss the matter with the Police Chief. Acceptance or continuance of regular outside employment by an employee shall be subject to the following criteria: A. The need for mentally alert and physically able public safety employees.. B. Insulating employees from potential conflict of interest situations. C. Maintaining efficiency unimpaired by other employment, recognizing the nature of the job requiring police officers to be available for emergency duty twenty-four (24) hours a day. 15.5 Supervisory Employees. It is understood that supervisory employees not covered under this Agreement shall not perform work within the jurisdiction of the Association, except in the case of an emergency, or for purposes of instruction or training, or where the complement of regular employees is temporarily reduced by reason of absence of any employee due to illness or other legitimate reasons, or where the work load is temporarily increased. City of Ashland/ Ashland Police Association CBA 2006-2009 33 15.6 Uniforms, Protective ClothiD1! and Devices. If an employee is required to wear a uniform, protective clothing or use any type of protective device, such article shall be provided by the City. Replacements shall be provided by the City upon surrender of the article, at no cost to the employee, reasonable wear excepted. Lost articles or damage to articles due to negligence shall be reimbursed to the City by the employee. Failure of any employee to wear such required uniform, protective clothing, or use such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article XI. The City shall provide footwear/reimbursement of up to a total of $125.00 per year of the contract (which can be combined by the employee) for the purchase or repair of footwear to all bargaining unit employees, excluding those assigned to detectives, DEA Officers and Community Outreach Officers. In addition, any specialized cleaning due to biohazard exposure shall be provided by the City at no cost to the employee. 15.7 Educational Allowance. After an employee's completion of one (1) full year of continuous service, the Police Chief may authorize reimbursement to the employee for costs directly related to upgrading hislher professional ability through enrollment in an educational course of study or class at a state accredited educational institution. The amount of such reimbursement shall be at the sole discretion of the Police Chief, based on the availability of departmental resources for such expenditures and upon the relative benefit to be realized by the department from the employee's participation in the class or coursework. Funds may be advanced to an employee to pay initial costs, however, final reimbursement shall require the employee to provide evidence ofhislher successful completion of the class or coursework. In no event shall the Department be responsible for reimbursing educational costs incurred by an employee outside of an advance mutual agreement with the Police Chief. 15.8 Position Descriptions. The general classifications of labor which shall be recognized throughout this Agreement shall be those set forth in Appendix A. 15.9 Personnel File. A. Inspection. Each bargaining unit member shall have the right to review and obtain at their expense, copies of the contents of hislher personnel file, exclusive of materials received prior to the date of their employment with the City. The official personnel files shall be maintained in the City Administrator's office. B. Emplovee Shwature. Each employee shall be offered the opportunity to read and sign any written material that is placed in their official personnel file. The employee may: 1. Sign such material indicating agreement. 2. Sign such material, indicating disagreement, in which case the employee may place in hislher file a signed response to such material. 3. Refuse to sign such material in which case a member of management shall place in that person's file a signed statement indicating that the material was offered to the employee for reading and signing and the employee refused. City of Ashland/ Ashland Police Association CBA 2006-2009 34 15.10 Traininl!. The City shall provide outside training opportunities to employees in the bargaining unit as follows: A. The City shall provide outside trammg opportumtIes to employees in the bargaining unit on an equitable basis. All training must be approved by the Chief or his/her designee and is subject to the Department's evaluation of operational needs and budgeting constraints. B. The City shall provide twenty four (24) hours of outside training per year to Survival Skills instructors, and shall provide any additional training hours DPSST requires, such instructors to have maintain DPSST teaching credentials. 15.11 Travel Time for Traininl! and Other Off-Site Activities. Employees who are assigned to training or other compensable work-related activities outside the station, that do not require an overnight stay, may be required to report for such the training/activities directly from their home. In the event time spend traveling to and from the training/activities does not require the employee to travel more than a thirty (30) mile radius from the Ashland Police Department, such time will be treated s home-to-work travel and will not be compensated. In the event time spent traveling to and from such training/activities does require the employee to travel more that a thirty mile radius, such time will be compensated at applicable regular or overtime rates. In the even employees are assigned to training or other compensable work-related activities which require an overnight stay, such employees will be paid for travel time to and from such training/activities, provided travel time occurs during their regular daily work hours, consistent with FLSA. Time spent traveling to and from such training or activities which occurs outside an employee's regular daily work hours will not be compensated. 15.12 Fitness for Duty. The City reserves the right to require employees to provide verification of medical ability to perform the essential functions of their positions, as well as confirmation of any limitations on an employee's ability to perform such essential functions, so long as such verifications is consistent with applicable law. Verification may be required if the City can articulate a reasonable, good faith basis for the need for verification. The verification will be limited to the determination of whether the employee can perform his/her essential job duties without a direct threat to his/her safety or the safety of others. All medical information released pursuant to a fitness-for-duty test will be maintained in the employee's confidential medical file and released only on a need-to-know basis. The City will place any employee who is required to submit to a fitness-for-duty test on paid administrative leave until the verification is obtained. The City will also pay for the cost of evaluation, as well as the time spent by the employee undergoing the required evaluation and traveling to/from the evaluation. City of Ashland/ Ashland Police Association CBA 2006-2009 35 ,. I ARTICLE XVI - HEALTH, WELFARE & RETIREMENT ] 6.] Health and Welfare. The City agrees to pay ninety-five percent (95%) of the premium to maintain existing, equal or better medical, dental and wellness insurance plans at existing levels. Employees will be responsible to pay the remaining five percent (5%) of the premium through payroll deduction. The City agrees to pay one hundred percent (100%) of the premium to provide life insurance coverage. Those plans and employee/family coverage levels are: (a) Blue Cross Option V Health Insurance - family coverage. (b) Standard Life Insurance Company life insurance - family coverage. (c) Standard Life Insurance salary continuation plan - employee only. (d) Blue Cross Dental Insurance - family coverage. (e) Blue Cross - Basic Vision plan - family coverage. (f) The City of Ashland Wellness Program - family coverage. In accordance with Oregon case law, where insurance benefits are extended to spouses, "domestic partners" shall be considered spouses. A "domestic partner" is defined as an individual who lives with the employee and has fulfilled the requirements contained in a completed "Affidavit of Domestic Partnership" form which is available through Human Resources. Employees are obligated to promptly notify Human Resources if domestic relationships end. The Association and the City jointly recognize the escalating costs of Health and Welfare insurance and services. In an effort to control costs and provide the maximum benefits possible, the City will establish an employee-based benefits committee with on member appointed by the bargaining unit. The committee will meet and review insurance options. The parties recognize that the insurance plans described above are subject to annual adjustments by the carriers. In the event a carrier notifies the City of annual changes in plan benefits mid-term during this Agreement, the City agrees to notify the Association's Executive Board of the plan changes in writing. The Association shall have fourteen (14) calendar days from receipt of such notification to evaluate the plan changes and demand mid-term bargaining. The demand for bargaining must be made in writing and directed to the Chief of Police. Failure to demand bargaining within this time period shall constitute a waiver of the Association's right to bargain or grieve the plan changes. The parties understand and agree that the City has the right to implement annual changes in benefits made by the carriers. Any such changes, as well as the ninety-five percent (95%)/five percent (5%) premium sharing split shall continue in effect during negotiations. The parties further agree that any changes that arise from negotiations or through interest arbitration, shall become effective the first of the month following ratification of the change by the Association and approval by the City Councilor the first ofthe month following receipt of the interest arbitration award, unless otherwise agreed upon by the City and the Association. In the event a carrier notifies the City that a plan will be discontinued, the City agrees to notify the Association's Executive Board in writing. The City and Association agree to enter into negotiations for a new plan. City of Ashland/ Ashland Police Association CBA 2006-2009 36 16.2 Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-half of accumulated sick leave will be applied to retirement as set forth in O.R.S. 237.153. The City will also assume or pay the employee contributions required by ORS for all employees included under this agreement at a uniform rate of six (6) percent. 16.3 Deferred Compensation. The City shall contribute $30.00 per month in matching funds per member enrolled in a City deferred compensation program (currently lCMA or AETNA). This program is at the option of the member and contingent upon a minimum $15.00 per month contribution paid by the member. City of Ashland/ Ashland Police Association CBA 2006-2009 37 ARTICLE XVII - WORKER'S COMPENSATION All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the City. City of Ashland/ Ashland Police Association CBA 2006-2009 38 ARTICLE XVIII - LIABILITY INSURANCE AND INDEMNIFICATION 18.1 The City shall purchase liability insurance in the maximum amounts set forth in O.R.S. 30.270 for the protection of all employees covered by this Agreement against claims against them incurred in or arising out of the performance of their official duties. The premiums for such insurance shall be paid by the City. 18.2 The City shall indemnify and defend employees in the bargaining unit against any tort claim arising out of an alleged act or omission occurring in the performance of duty as required by ORS 30.285 and 30.287 (1977 replacement part.) The City agrees to reimburse the bargaining unit member for all reasonable, usual and customary legal fees charged by an attorney to represent the employee as a direct result of criminal charges or a criminal investigation arising out of the employee's performance of hislher duties as an employee. The reimbursement shall not be made if: A. The employee undergoes diversion, is convicted by verdict or plea, or pleads no contest to criminal charges arising from the incident; or B. The Department gives grievable discipline to the employee based upon the employee's actions that form the basis for the possible or actual criminal liability and the Department sustains the discipline through the grievance arbitration process or the employee does not appeal the discipline. 18.3 Any reimbursement from the City shall be made only at the conclusion of all criminal and disciplinary proceedings against the Association member arising out of the incident and are subject to the following maximum requirements: A. Legal fees relating to a grand jury and/or appearance: $2,500.00 B. Legal fees relating to post-grand jury indictment or other charging instrument: $5,000.00. Before becoming obligated under this Article, the City shall be presented with a sworn affidavit by the attorney listing an hourly breakdown of time spent and describing briefly the purpose of such time. The City may submit the bill to the Oregon State Bar Association for review for compliance with reasonable, usual and customary fees charged for such matters. The Oregon State Bar Association's determination shall be final and binding for the City's obligation under this Article. City of Ashland/ Ashland Police Association CBA 2006-2009 39 ARTICLE XIX - SAVINGS CLAUSE AND FUND 19.1 Savings Clause. Should any provision of this Agreement be subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of the Agreement. Upon such declaration, the parties agree to immediately meet and confer on a substitute, if possible, for the invalidated portion thereof. 19.2 Funding. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budgetary procedures and in certain circumstances by vote of the citizens of the City. The City shall not reduce the wages and benefits specified in the Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget requests or voter approval thereof. City of Ashland! Ashland Police Assoc:iation CBA 2006-2009 40 ARTICLE XX - TERMINATION AND REOPENING This Agreement concludes all collective bargaining between the parties during the term of this Agreement and except as specified in Article 6.1, shall be effective July 1, 2006 and shall remain in full force and effect until June 30, 2009. This Agreement shall automatically be renewed from year to year thereafter unless either party notifies the other in writing not later than ninety (90) days prior to the expiration date of this Agreement of their intent to modify or terminate the Agreement. If such notice is not given, this Agreement may be subsequently reopened for modification upon sixty (60) days wlitten notice; however, the Agreement shall remain in full force and effect during the period of negotiations. ASHLAND POLICE ASSOCIATION CITY OF ASHLAND, OREGON By: By: Date: Date: City of Ashland/ Ashland Police Association CBA 2006-2009 41 APPENDIX "A" CLASSIFICA TIONS WITHIN BARGAINING UNIT Police Officer Community Services Officer Community Outreach Officer Evidence Property Technician CLASSIFICA TIONS EXCLUDED FROM BARGAINING UNIT Sergeant and above in rank Administrative Services Manager Confidential Employees Police Reserves Irregular part-time employees who do not work a set schedule or who work less than an average of 20 hours per week . Seasonal and temporary employees who are hired to work on a temporary basis for an undefined period of time City of Ashland! Ashland Police Assoc.,ation CBA 2006-2009 42 APPENDIX "B" Salary Schedule CLASSIFICATION 302 . First 6 Months $18.8303 $3,264 $19.9601 $3,460 $20.9581 $3,63~1 $21.7964 $3,778 Next 12 Months $19.8588 $3,442 $21.0503 $3,649 $22.1028 $3,831 $22.9869 $3,984 Next 12 Months $20.6587 $3,581 $21.8982 $3,796 $22.9931 $3,985 $23.9129 $4,145 Next 12 Months $21.5094 $3,728 $22.8000 $3,952 $23.9400 $4,150 $24.8976 $4,316 Next 12 Months $22.7411 $3,942 $24.1055 $4,178 $25.3108 $4,387' $26.3233 $4,563 Thereafter $23.9219 $4,146 $25.3573 $4,395 $26.6251 $4,61::, $27.6901 $4,800 304 First 6 Months $14.0208 $2,430 $14.8621 $2,576 $15.6052 $2,705 $16.2294 $2,813 Next 12 Months $14.7764 $2,561 $15.6630 $2,715 $16.4461 $2,851 $17.1039 $2,965 Next 12 Months $15.5320 $2,692 $16.4639 $2,854 $17.2871 $2,996 $17.9786 $3,116 Next 12 Months $16.3370 $2,832 $17.3172 $3,002 $18.1831 $3,152 $18.9104 $3,278 Next 12 Months $17.2041 $2,982 $18.2363 $3,161 $19.1482 $3,319 $19.9141 $3,452 en 303 hni First 6 Months $14.2853 $2,476 $15.1425 $2,625 $15.8996 $2,756 $16.5356 $2,866 Next 12 Months $15.1351 $2,623 $16.0432 $2,781 $16.8453 $2,920 $17.5192 $3,037 Next 12 Months $15.9314 $2,761 $16.8872 $2,927 $17.7316 $3,073 $18.4409 $3,196 Next 12 Months $16.7692 $2,907 $17.7754 $3,081 $18.6641 $3,235 $19.4107 $3,365 Next 12 Months $17.6546 $3,060 $18.7139 $3,244 $19.6496 $3,406 $20.4356 $3,542 305 First 6 Months $17.6252 $3,055 $18.6827 $3,238 $19.6168 $3,400 $20.4015 $3,536 Next 12 Months $18.6903 $3,240 $19.8117 $3,434 $20.8023 $3,606 $21.6344 $3,750 Next 12 Months $19.8175 $3,435 $21.0065 $3,641 $22.0568 $3,823 $22.9391 $3,976 Next 12 Months $20.9942 $3,639 $22.2538 $3,857 $23.3665 $4,050 $24.3012 $4,212 Next 12 Months $22.2574 $3,858 $23.5929 $4,089 $24.7725 $4,294 $25.7634 $4,466 PLEASE NOTE: Hourly rates are accurate to 4 decimal places. A monthly wage is provided as an approximate salary, but actual monthly earnings may differ from those quoted above. * Note: Title changed from Youth Diversion Officer to Community Outreach Officer on 2/2/05. City of Ashlandl Ashland Police Association CSA 2006-2009 43 APPENDIX "C" DETECTIVE ASSIGNMENT AND COMPENSATION Except as otherwise provided for in this Agreement, employees assigned to work as Detectives shall be compensated as follows: Section 1. Compensation. Any member of the bargaining unit who is assigned to detective status shall be compensated an additional five percent (5%) over the monthly rate for Police Officer set forth in "Appendix B" ofthis Agreement until relieved of such assignment. Section 2. Overtime. The Police Chief may require any detective to work overtime in excess of the detective's normal eight (8) hour work day. The amount of overtime that may be required by the Police Chief of the detective shall not exceed eight (8) hours in addition to the normal eight (8) hour work day. (i.e., maximum hours to be worked in one day is not greater than 16). In the event the Police Chief requires a detective to work overtime the detective must then be scheduled for a like number of hours off within the same work week if, in the judgment of the Police Chief it is at all possible to do so. (i.e., assume for purposes of illustration a work week of 8 AM to 4 PM, Monday through Friday -- if a detective were required to work ten (10) hours on Thursday, 'then he would normally expect to be scheduled for two (2) hours off on Friday. This would result in sequential work days consisting of 8 hours, 8 hours, 8 hours, 10 hours and 6 hours for a total work week of 40 hours). No detective shall be eligible for overtime compensation (at the 1 1/2 straight time rate) during hislher work week unless he is required by the Police Chief to actually work more than 10 consecutive hours in a work day, or more than forty (40) hours within that particular work week. Each detective's work week shall consist of some five consecutive individual detective's work days. Each of the five (5) work days scheduled for any individual detective shall have the same tentatively designated starting time and the same tentatively designated quitting time allowing for eight (8) hours work to be accomplished, including one-half (1/2) hour for a meal period. Except for purposes of scheduling actual work in excess of eight (8) hours on a given day and/or scheduling like time off subject to the provisions contained herein, and except where an emergency requires immediate rescheduling of the work day, no detective's tentative scheduling of starting and/or quitting time may be changed unless notice of such contemplated change is posted on a department bulletin board at least seven (7) days in advance of the change. Section 3. Uniform Allowance. Any member of the bargaining unit who is assigned to detective status shall receive an in-lieu-of uniform allowance in cash of $50.00 per month for the period of time that such employee is assigned such status. City of Ashland! Ashland Police Association CBA 2006-2009 44