HomeMy WebLinkAbout2009-0721 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY, COUNCIL
July 21, 2009
Council Chambers
1175 E. Main Street
6:00 p,m. Executive Session - to consult with legal council regarding real property transactions, pending
litigation, and labor negotiation pursuant to ORS 192.660(2) (e), (h), and (n).
6:45 p.m. Annual General Meeting for Hospital Board and City Council
7:00 p.m. Regular Meeting
I, CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of June 15, 2009
2. Regular Council of June 16, 2009
3. Special Meeting of June 25, 2009
4. Executive Session of June 25, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Introduction of Fire Chief John Karns [5 Minutes)
VII. CONSENT AGENDA [5 minutes]
1. Does Council accept the Minutes of Boards, Commissions, and Committees?
2. Does Council wish to approve a Liquor License Application from Dan Durant dba Brother's
Restaurant at 95 N. Main Street?
3. Does Council wish to approve a Liquor License Application from Don Robertson, Ashland Parks and
Recreation dba Oak Knoll Golf Course?
4. Does Council wish to approve a Liquor License Application from Gabriel Anaya dba Torero's Family
Mexican Restaurant at 2345 Ashland Street #205?
5. Does Council wish to confirm the Mayor's appointment of John Rinaldi, Jr. to the Planning
Commission with a term to expire April 30, 2012?
6. Will Council, acting as the local contract review board, approve a Sole Source Procurement for the
disposal of biosolids, which are hauled daily from the WWTP to Dry Creek Landfill, for a term of
three years - July 1, 2009 to June 30, 2012?
7. Does Council wish to confirm the Mayor's appointment of Claire Baker to the Public Arts
Commission with a term to expire April 30, 2012?
8. Does Council want to authorize the City Administrator to execute the BPA Regional Dialogue
Contract Clean Up Amendments?
9. Does Council want to authorize the City Administrator to execute amendments to Exhibit A of the
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.LJS
City's existing Power Sales Contract with the Bonneville Power Amendment?
10. Will Council approve an intergovernmental agreement to participate in the ODOT Highway Bridge
Program and authorize ODOT to select a consultant for the required bridge inspection?
11, Does Council wish to ratify the new Labor Agreement between the City of Ashland and the
International Brotherhood of Electrical Workers (IBEW) Local No. 659 Clericalrrechnical Union?
12. Will Council, acting as the local contract review board, approve a special procurement for the
acquisition of Polydyne ClariflocC-6286 (polymer) for a term of three (3) years?
13. Does Council have questions regarding two ARRA (American Recovery and Reinvestment Act)
funded public works improvement projects?
14. Does Council wish to ratify the new labor agreement between the City of Ashland and the Ashland
Police Association?
VIII. PUBLIC HEARINGS {Persons wishing to speak are to submit a "speaker request form" prior to the
commencement of the public hearing. 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 !j2.04.050})
1. Will Council conduct a public hearing and approve a resolution establishing rates for the Ashland
Municipal Airport and repealing Resolution 99-37, as recommended by the Airport Commission? [20
Minutes]
2. Will Council grant the Oregon Department of Transportation (ODOT) a variance to the City noise
ordinance that will allow night work on Greensprings Highway (Ashland Street), Interstate 5, and Exit
14?[15 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to
complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Does Council approve first reading of an ordinance titled, "An Ordinance Relating to Food and
Beverage Tax, Extending the Tax to 2030, and Amending Chapter 4.34?" Does Council have any
changes to the draft Ballot Measure for the Food and Beverage tax? [40 Minutes]
2. Does Council approve first reading of an ordinance adding chapter 18.63, Water Resources
Protection Zones and related Comprehensive Plan and Land Use Ordinance amendments?
[60 Minutes] Please note: The Public Hearino and record for this item is closed. Council will not
accept additional oral or written testimony on this agenda item. Please refer to the Water Resources
Ordinance binder for further information.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish to direct Staff to initiate an ordinance to modify the expiration dates of land use
application approvals?
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Related
to Abandoned Vehicles and Repealing Chapter 11.32?" [5 Minutes] .
2. Should Council approve Second Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 to Establish Standard Forms for Right-of,Way Regulation and Providing for Donation or
Loan of Functionalltems7" [5 Minutes]
3. Should Council approve Second Reading of an ordinance titled, "An Ordinance Amending AMC
Chaper 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.447"
[5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Transportation Commission
2. Planning Commission
XIV. SUMMARY OF MEETING
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act. if you need special assistance to participate in this meeting,
please contact the City Adminislrator'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).
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
"
CITY COUNCIL STUDY SESSION
June 15, 2009
Page 1 of3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, June 15,2009
Siskiyou Room, 51 Winburn Way
Mayor Stromberg caJled the meeting to order at 5 :35 p.m,
Councilor Chapman, Navickas, Voisin, Jackson, Lemhouse and Silbiger were present.
Mayor Stromberg added a discussion regarding the Gas Tax to the agenda.
I. Will Council review and discuss the draft RFP for the future use of the "Imperatrice
Ranch" property and authorize the advertisement for a req uest for proposals for that
use.
Public Works Director Mike Faught, Engineering Services Manager Jim Olson and GIS
Coordinator Jason Wegner provided a presentation of the Imperatrice ranch that included:
. Background
. Use of Land Since Purchase
. Is Cattle Grazing the Best Use of the Property?
. Draft Request for Proposal (RFP)
Conditions of development could include a tree preservation area, riparian protection zones,
environmental and cultural overlays, recreational uses, soil hazard area and must comply with
Jackson County Land Use ordinances.
. Proposal Submittals
RFP's would address sustainability, public benefit, business plan, environmental stewardship,
possible wastewater effluent use, water right usage and must comply with Jackson County Land
Use ordinances. Staff included a point system for the criteria to help weigh requirements.
The City's effluent is Level 4 Class A, can be applied to crops for human consumption and the
Imperatrice property is a good resource for that usage. Effluent could be placed into the Talent
Irrigation Ditch (TID) on the property to supplement the water removed through the effluent
transfer. The City was more than the 40% of total flows during that time of the year at the creek
and therefore needed to replace the effluent. Staff recommended the Council retain the effluent
option in order to deal with the temperature issues.
Staff clarified the point system associated with the RFP criteria could be changed to a Yes,No
category. They would also add a Quality of OveraJl Design requirement to the criteria.
I
. Lessee Requirements
Adding lndemnification to the lease would make the lessee liable instead of the City.
. RFP Appendix
. Base Map: 2005 Aerial Photo, Parcels, PPL and Access Points
Staff discussed how a specific lot that was difficult to develop due to preserves and utility lines
could merge with the adjacent lot as one parcel.
. Soils Wetlands and Springs Map
. Geology, Dehris Flow Hazard, and Relative Earthquake Hazard Map
,
CITY COUNCIL STUDY SESSION
June /5, 2009
Page 2 of 3 .
. Zoning, Vegetation Overlay, Elevation and Water Features Map
. Conservation Easement
. Southern Oregon Land Conservancy
. Potential Conservation Values Map
Diane Garcia from the Southern Oregon Land Conservancy eXplained public access on a
conservation easement was not required unless the landowner authorized access. The City could
apply to the State for the special assessment on a conservation easement and receive a reduced
tax.
. Conservation Easement Pros
. Conservation Easement Cons
Il was explained that restricting portions of the property with a conservation easement would
require a public hearing and the City could add an indemnification process to the lease to protect
against violations,
Staff confirmed the upper tax lots do not have water rights.
If the Council established a conservation easement, the City would negotiate the. types of uses
allowed on the easement. The Council could use the conservation easement as a master plan to
establish which areas to protect first.
Interest was expressed in using the land for utilities, solar and wind power with the City receiving
a return for any kind of power generation that might occur on the property. Staff stated proposals
for power generation from solar or wind energy would have to connect to the City's grid. Large
solar projects were usually a combination of public and private enterprises. Establishing wind
power was more complicated and required specific studies, some prior to initiating the project.
The Council commented on the need for a master plan, if an easement was necessary for the
entire property, possibly requesting RFPs for the lower lots with water rights now and addressing
the remaining property later.
Alex Amarotico/Commented that the City as landowners had authority to make restrictions
without a conservation easement at any time and could establish restrictions to protect the
viewshed if they sold the land.
Ms. Garcia eXplained how a conservation easement could be a tool the City referred to when
reviewing proposals to help retain important values like conservation, trails, recreation, use of
effluent. Mr. Amarotico cautioned on the possibility of having a good opportunity precluded due
to a conservation easement.
David 'Yick/lnquired on next steps. Ms. Bennett explained there would be another Study
Session in approximately two months and if an RFP process went to a City Council meeting,
there would be a Public Hearing noticed accordingly.
2. Gas Tax discussion.
Mayor Stromberg explained to the Council that establishing a I,cent per gallon gas tax locally
could generate $144,000 for the City annually and offset the Transit Utility fee. He noted a 3-
cent per gallon gas tax had been suggested and asked for the Council's level of interest in
. -.
CITY COUNCIL STUDY SESSION
JUlie 15, 2009
Page 3 of 3
pursuing a local gas tax. The Council discussed pros and cons and debated whether to discuss the
gas tax further at another meeting.
3, Does Council want to adopt the City Council Goals for 2009-2010? Does Council wish
to release the Draft Values Statement and Draft Vision for a two-month public
comment period?
Mayor Stromberg explained he would work with staff to coordinate the Council goal setting and
budget processes in their normal sequence for this year.
Councilor Lemhouse commented on the Meeting Summary at the end of the regular City Council
meetings. He suggested the Council use that time for reports and announcements instead.
Meeting was adjourned at 7:05 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
JUlie 16, 2009
Puge I 0[8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 16, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p,m. in the Civic Center Council Chambers,
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
MA YOR'S ANNOUNCEMENTS
Mayor Stromberg gave a brief update on the 1/1861h Infantry Battalion of the 41" Brigade Combat Team of the
Oregon National Guard (1/186) currently training for deployment to Iraq.
Councilor Voisin congratulated the Jackson County Housing Authority on receiving an $ 1 1 .2million grant for the
Clay Street 60 unit affordable housing project.
Mayor Stromberg asked for a moment of silence in honor of Harry Skerry Ill, a past City Attorney who recently
passed away.
Mayor Stromberg noted the Gas Tax would not be on the agenda. It was contingent on the possibility of receiving
matching Federal funds that were not available,
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of June 1,2009, Regular Council meeting of June 2, 2009, Council Tour of June 5,
2009 and Council Tour of June 8, 2009 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Bill Gates, the President of Amigo Club introduced the Ashland High School Representatives to the City of Ashland's
Sister City Guanajuato as Oahna Black, Mayla Black and Natalie Edson who expressed their appreciation and
gratitude,
CONSENT AGENDA
1. Does Council accept the Minutes of Boards, Commissions, and Committees?
2. Does Council approve the appointments and reappointments as recommended by the Board of Directors
for the Ashland Community Hospital?
3. Does Council wish to approve the Ambulance Operator's License renewal for Ashland Fire & Rescue?
4, Does Council approve the recommendation of the Public Art Commission on the designs chosen by the
Selection Panel to be painted on seven designated utility boxes'!
5. Will Council, acting as the local contract review hoard, consent to enter into a 48-month copier rental
agreement for a Ricoh MP C2550 copier?
6. Will Council, acting as the local contract review board, accept a proposal and award of contract for
engineering services to Reid Middleton, in an amount not to exceed $195,399.00 for development of AlP
Project No. 3-4-002-008 at Ashland Municipal Airport?
7. Does Council want to authorize the City Administrator to execute a new 5-year Energy Conservation
Agreement with Bonneville Power Administration?
8, Should Council approve changes to the standard Airport Master Hangar Lease to increase the insurance
requirement to one million dollars and to clarify that termination by the City requires cause?
9, Should Council approve a resolution to adjust budget appropriations for changes in operational expenses
to remain in compliance with Oregon Budget Law?
10, Should Council authorize signature of an Intergovernmental Agreement with the Counties of Jackson and
Klamath to provide building inspection services?
ASHLAND CITY COUNCIL MEETING
JUlie 16, 2009
Page 2 0[8
11. Does Council wish to confirm the Mayor's appointment of Casey Roland to the Tree Commission with a
term to expire April 30, 2012?
12. Does Council approve the proposed contract with the Chamber of Commerce for FY 2009-2010 in the
amount of $275,000?
13. Should Council extend the Ashland Home Net Cahle Television Agreement for three months to facilitate
negotiation of a new agreement?
Councilor JacksonlNavickas m/s to approve Consent Agenda itcms as amended.
V oice Vote: all A YES, Motion passed.
PUBLIC HEARINGS
1. Will Council approve increases to the Miscellaneous Fees & Charges listed below repealing Resolutions
2001-05,2007-34, and 2008-29 and repealing the Hourly Service Charge section of Resolution 199-29?
Administrative Services and Finance Director Lee Tuneberg presented the staff report. City Recorder Barbara
Christensen clarified the change in the Annual Taxi Certification was a correction as the amount set last year should
have been $200 rather than the $100 annual fee. Currently there are four Taxi Cab companies certified at the City.
Public Hearing Open: 7:18 p,m.
Public Hearing Closed: 7:18 p.m.
Councilor Navickas/Len:thouse m/s to approve Resolution #2009-18. Roll Call Vote: Councilor Voisin,
Lemhouse, Chapman, Silbiger, Navickas and Jackson, YES. Motion passed.
Mayor Stromberg noted another change in the agenda that moved item #3. A & B under Unfinished Business to New
and Miscellaneous Business after item #2.
2. Does Council want to adopt the City Goals for 2009-201O? Does Council wish to release the Draft Values
Statement and Draft Vision for a two-month public comment period?
City Administrator Martha Bennett presented the staff report, noted adjuShnents and provided examples of public
outreach to initiate community feedback.
Public Hearing Open: 7:27 p.m,
Public Hearing Closed: 7:27 p,m,
Councilor Lemhouse/Silbiger m/s to adopt the City Goals for 2009-2010, DISCUSSION: Councilor Navickas
suggested changing the study title under Social Equity, "The Comprehensive Study of Ashland's Homeless" to "A
Study of Homelessness in Ashland." Councilor Chapman thought the goals were too broad and required another
meeting to make them more specific. Councilor Lemhouse agreed the goals could be more specific but were clearer
then previous goals. Roll Call Vote: Councilor Jackson, Navickas, Lemhouse, Voisin and Silbiger, YES;
Councilor Chapman, NO. Motion passed 5-1.
Councilor LemhouselNavickas m/s to forward proposed value statements to the public for feedback as
presented by staff. DISCUSSION: Councilor Lemhouse suggested submitting the value statement staffhad written
to the public for feedback, including Councilor Voisin ideas. Councilor Chapman thought the process for establishing
the values and vision statements should have included citizen input at an earlier stage and been condensed into more
concise statements, Councilor Silbiger did not agree with every statement, felt it was part of being a diverse
community and was impressed the Council did not spend $ 1 50,000 on a visioning process. Councilor Navickas
thought the statement accurately reflected the values and welcomed public input. Councilor Voisin explained issues
she had with descriptive words such as good government, thought it should be democratic government and felt
strongly that nature needed to be included. Councilor Navickas responded the word changes were semantic
differences and were similar. Councilor Lemhouse suggested releasing the original values list for public input.
Councilor Jackson thought it was clearer to use the values statements versus the list and if the public was amenable
substitute the word democratic government for good government. Roll Call Vote: Councilor Jackson, Navickas,
ASHLAND CITY COUNCIL MEETING
June /6, 2009
Page 3 of8
Lemhouse, Voisin and Silhiger, YES; Councilor Chapman, NO. Motion passed 5-1.
Councilor JacksonlNavickas mls to circulate the proposed vision statement for public input. DISCUSSION:
Councilor Voisin thought the vision statement was short-term and provided an example of a long-term vision
statement. Councilor Navickas responded that Councilor Voisin's vision was powerful and probably similar to what
the public ,would suggest. Councilor Lemhouse was open to all ideas and wanted to solicit public input. Roll Call
Vote: Councilor Jackson, Navickas, Lemhouse, Voisin, and Silbiger, YES; Councilor Chapman, NO, Motion
passed 5- I.
PUBLIC FORUM
Tom Giordano/2635 Takelma Way/Spoke regarding an incident involving his daughter and a City of Ashland
police officer that made Mr. Giordano question the technique the officer used that upset and frightened his daughter.
He requested the Council direct the Police Chief to investigate the incident and wanted a response prior to his
daughter's court date. City Administrator Martha Bennett explained Mr. Giordano needed to file a formal complaint
with the Police Department that would trigger the investigation.
Colin Swales/143 81h StreetJ Voiced his concern regarding the language for public speaking on the agenda. He had
issues with the wording, requested the Council look at the policy and questioned whether it was in line with their
goals and visions of citizen participation. City Attorney Richard Appicello explained the language reflected the
Council Rules AMC 2.04 and that the ordinance had been reviewed and approved by the Council.
Councilor NavickasNoisin m/s to add this discussion regarding citizen participation to an agenda within two
months, Voice Vote: all A YES, Motion passed.
UNFINISHED BUSINESS
I. Should Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Levying
Taxes for the Period of July I, 2009 to and Including June 30, 2009, Such Taxes in the Sum of$9,176,778
Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of
the City of Ashland, Jackson County, Oregon"?
City Attorney Richard Appicello read the title in full.
Councilor JacksonlNavickas mls to approve Ordinance #2987. Roll Call Vote: Councilor Silbiger, Navickas,
Jackson, Lemhouse, YES; Councilor Chapman and Voisin, NO. Motion passed 4.2,
2, Does Council approve the Sweatshop Free Procurement Policy as presented?
Administrative Services Director Lee Tuneberg presented the staff report and explained the fee to join the Sweat Free
Purchase Consortium was approximately $l,OOO for the first year, currently $500 annually but could change over
time, Staff added a provision to cut the policy from the budget if the City lost funding.
Wes Brain/298 Garfield StreetNoiced strong support for the proposed Sweatshop Free Procurement Policy and
thanked the Council for working with citizens on this matter. He eXplained joining the Consortium would bring up
the standards for the garment industry globally.
Pam Vavra/457 C StreetJRepresented Peace House and urged the Council to adopt the proposed policy. Joining the
Consortium would inform the City how to avoid sweatshops, provide incentives to improve working conditions and
help bring manufacturing conditions to a higher level worldwide. It was wrong to support structures and institutions
that uphold sweatshop policies and practices, She asked the Council to request an estimate on purchases anticipated
under the Exclusion for Individual Purchases for Reimbursements section in the policy.
Councilor VoisinlNavickas mls to approve Sweatshop Free Procurement Policy as presented.
Councilor Silhiger/Jackson m/s to amend motion that the City will join the Sweat Free Purchasing
Consortium and pay annual dues as required, ifthose dues exceed 1% of the clothing expenditures covered by
ASHLAND CITY COUNCIL MEETING
June 16, 2009
Page 4 of8
this policy, staff will return to the Council for approval, DISCUSSION: Councilor Silbiger thought 1 % was a
reasonable amount to pay for the Consortium. Councilor Voisin requested staff inform the Council if the annual fee
increased more than 1 %. Councilor Navickas agreed with the original amendment and added larger cities were
typicaJly charged 1%. Roll Call Vote: Councilor Lemhouse,Jackson, Voisin, Chapman, Silbiger and Navickas,
YES. Motion passed,
Continued discussion on amended motion: Councilor Navickas was proud the City had the opportunity to join the
Consortium to help improve labor practices in the garment industry. Councilor Voisin explained how her students'
papers regarding sweatshop practices had persuaded her strong support for the policy.
Roll CaJl Vote on amended motion: Councilor Lemhouse, Jackson, Voisin, Chapman, Silbiger and Navickas,
YES. Motion passed,
NEW AND MISCELLANEOUS BUSINESS
I. Does Council want to expand the Food and Beverage Tax beyond 2010? Does Council want to place a
measure on the November 2009 ballot to extend the Food and Beverage Tax? Does Council want to place
a measure on the May 2010 ballot to extend the Food and Beverage Tax?
City Administrator Martha Bennett explained the recent history regarding the Food and Beverage (F&B) Tax and
provided options the Council might use,
Management Analyst Ann Seltzer presented the results from three Public Forums staff held May l8, 2009. She
eXplained how the forums were noticed, that twenty'one people attended and summarized responses to the foJlowing
questions asked during the forum and questions directed to staff:
~ What do you feel have been the benefits of the Food & Beverage Tax?
Lower sewer rates for residents, businesses, and more parkland. Visitors and residents pay the tax when dining in
Ashland and the businesses get to keep 5%.
~ What do you feel have been the drawbacks of the Food & Beverage Tax?
Drawbacks included the tax focuses on one industry, the City policy of coJlecting the tax was not fair or aggressive
enough and negative press regarding non-payment. People were staying away, Ashland was losing convention, and
catering business due to the tax and it is a burden on restaurants to keep track of the tax,
~ If you were to choose between keeping the Food & Beverage Tax or dropping it, which would you
choose and why?
Drop it Comments included the tax was an unfair target of an industry, created tension, restaurants lose revenue from
people purposely not dining in Ashland due to the tax and the City should tax the Oregon Shakespeare Festival.
Keep it comments included people are used to the tax, it keeps sewer rates low and the City cannot afford to lose the
revenue.
~ If the F&B Tax was to continue and you were ahle to make some changes to it, what changes would
you recommend and why?
Institute a citywide sales tax rather than a meals tax. AJlocate a greater percentage to the restaurants or a percentage
to Hospitality Training and Scholarships. Stop aJlocation for parkland and use the entire amount to pay the
Wastewater Treatment Plant debt. Create a percentage for infrastructure improvements. Increase the sewer fee. Let
the tax expire and wait for a year to see if restaurant revenue increases, exempt caterers and convention business from
paying the tax and aJlocate funds towards the Ashland Fiber Network (AFN) debt.
~ Uses if excess funds become available.
Excess funds should be used to pay the Wastewater Treahnent Plant, purchase open space, create a transfer station for
deliveries, water conservation re):Jates, promoting Ashland infrastructure improvements, refund money to the
restaurants or give the money to the schools.
~ What other information would be helpful for the Council to make a well-informed decision?
The coJlection system is not efficient and some businesses are cheating. Support the tax by supporting the industry.
Conduct a survey and educate the community on fund disbursement.
~ How is the 60% sewer increase estimate determined?
The increase is determined by dividing the revenue from Food and Beverage by the revenue from sewer fees.
~ How is the gap between yearly food and beverage collections and the yearly debt been paid?
The gap is made up from revenues through the sewer fee.
ASHLAND CITY COUNCIL MEETING
JUlie 16, 2009
Page 5 0[8
>- How much unrestricted open space revenue will still be in the acconnt at the time the tax sunsets in
December 2010?
Staff predicts less than $100,000. There are ongoing commitments for debt service on previously purchased park
property and new parkland purchases. The decrease in revenue wil1 work against those things.
>- Was the Food & Beverage Tax money used to pay the AFN interfund loan?
For several years, various departments would loan money to the AFN from the cash balance and at the beginning of
each year AFN would repay the loans to the respective funds with interest. The interest was based on the rate of the
Locallnvestment State Pool and varied yearly. This process continued until the AFN debt was refinanced in 2005 at
which time al1 interfund loans were paid in ful1 with interest.
>- Early payment penalty on the wastewater treatment plant.
The agreement has provisions for early payment but staff would need to consult the State on the timing and partial
pre-payments then calculate actual costs and savings. The interest rate for the Department of Environmental Quality
is 3.4%,
>- How many properties are left to pnrchase from the original 1989 Open Space Plan and how does the
2002 plan differ from the 1989 plan?
The 2002 plan is an update to the 1989 plan and contains properties not purchased in the 1989 plan. Most of the
properties are trail corridors, wetlands and natural areas currently not for sale. The 2002 plan has short and long-
range components with two short-term Clay Street properties not yet for sale.
>- Does the school lunch program pay the F &B Tax?
The school lunch program is on the exempt list in the Ashland Municipal Code (AMe) 4.34 Food and Beverage Tax
and does pay the tax.
It was eXplained that the Parks Department is currently working with the City Engineering/GIS Department to create a
map that displays parks and open space properties in existence prior to 1 994 with an overlay of property purchased
with F&B Tax funds. Ms. Seltzer noted the total park acreage is 705 acres with over 300 acres purchased with F&B
Tax funds.
Staff explained the Wastewater and AFN debts were unrelated. The Wastewater Treatment Plant cost $34million.
The City borrowed $24million from the State at a 3.4% interest rate with the remaining $1 Omillion coming from the
F&B Tax. The AFN debt is $l5.5million, The City borrowed that amount in 2005 to consolidate all of the AFN
debt. The payment is made from a technology fee for all City departments including Wastewater. A family offour
pays approximately $2l a month in sewer fees, of that amount ,77cents is dedicated to technology.
Ms. Bennett recommended a rate study if the F&B Tax was not renewed.
Parks & Recreation Director Don Robertson noted highlights from the Parks Commission meeting that included a
recommendation to renew the F&B Tax and continue having the Parks Department retain the 20% split. The
Commission discussed various uses for the funds that ranged from retaining the current restricted use of property
acquisition, facility and property maintenance and development of new parks, capital improvements and major
rehabilitations. The Commission decided against using the funds for facility and property maintenance due to its lack
of transparency, The Commission will meet soon to formalize a recommendation,
Councilor Silbiger added the language the Commission agreed to use induded projects in the Capital Improvement
Plan (ClP). Mr. Robertson explained how ClP money moves in conjunction with the budget process.
Ava DaRosier1736 Normal Avenue/Explained she was the Food and Beverage Director at the Ashland Springs
Hotel and noted the negative impact the 5% F&B Tax has' had on local restaurants and provided examples. Some
people were not willing to come to Ashland due to the tax, She agreed parks were important and recognized the need
to pay for sewer but focusing on taxing food and beverage only was not the answer.
David RunkeVS86 E Main Streetllntroduced himself at the President of the Bed & Breakfast Network and discussed
the al1ocation of revenues adding that tourism is down this year. The City should al10cate more funds for tourism.
ASHLAND CITY COUNCIL MEETING
June /6, 2009
Puge 60[8
Ms. DaRosier stated she would support a 3-cent gas tax and that the Ashland Springs Hotel would be willing to pay
60% higher sewer fees instead ofthe F&B Tax. Mr. Runkel stated that he was not prepared to comment on a gas tax
but would be willing to pay the higher sewer fees.
Gina DuQueane/2180 Birchwood Lane/Explained she was the Catering Sales Manager at the Ashland Springs
Hotel. She stated dining out a few times during the month and paying the tax would meet the actual increase in her
sewer bill. She remarked on the loss of catering business due to the additional 5% tax.
Michael Gibbs/536 Ashland Street/Explained he was a co,owner of the Winchester lnn and employed l5-30
individuals seasonally. The tax was driving away business because people do not want to pay the F&B tax. The tax
was also taking lodging business away from community. He suggested the Council create a task force to examine
ways in which the tourist industry could work with the City to raise needed funding.
Ron Roth/6950 Old 99 South/Distributed a handout and compared the cost efficiencies of dishwashing at a
restaurant to dishwashing at home adding it would be much more efficient to raise the sewer rates. He addressed the
money diverted to AFN from the Wastewater and wanted to see the line item showing money was borrowed and
refinanced for the Wastewater Fund. He encouraged the Council to ask the Finance Department specific questions
relating to AFN and the Wastewater funds.
Don Anway/212 E Main Street/Explained he was the General Manager for the Ashland Springs Hotel and the Chair
of the Visitors Convention Bureau. Over the last two weeks, he surveyed restaurant owners and noted the majority
were against the F&B Tax. It was cheaper for the hotel to pay higher sewer rates because the hotel absorbed a Jot of
the tax when competing for conventions and overnight stays. Ashland is the only place in the State with a food tax
and it was an obstacle for promoting and competing.
Drew Bailey/455 N Laurel Street/Spoke on behalf of many restaurant owners unable to attend the meeting and
believed that Ashland restaurants are the main socio economic driver for Ashland. There are over 100 food
establishments providing living wage jobs for people who in turn support the community. The majority of the
restaurants are struggling with recession, low profit margin and the lost revenue due to the tax. Restaurant owners
were opposed to an industry specific tax and thought a broader based tax would be fairer and offered alternatives.
Denise Daehler/310 N Mountain A venuenntroduced herself as an owner of Liquid Assets and commented the sales
tax affects all local businesses and creates an economic disadvantage to the entire community. She questioned
continuing the F&B Tax for another l8 years when the tax should pay for the wastewater plant by 2010. As a citizen,
she would rather pay a higher sewer bill at home and at her business than the F&B Tax. She urged the Council not to
renew the tax.
Ms. Daehler stated she would not support a 3-cent gas tax because she felt it was just as disadvantageous to the
community as the F&B Tax was. She was willing to pay higher sewer rates and noted the increase for her home and
business would be $10,$12 a month for each.
Mr. Bailey would not support a 3-cent gas tax but would pay the monthly sewer rate increase.
Brandon Kirkland/180 E Main Street/Explained he was the owner of the Enchanted Florist and shared a personal
experience he recently had regarding a family member not willing to pay the tax. He would not support a gas tax but
would pay higher sewer rates.
John Wallace/795 Park Street/lntroduced himself as the owner ofGiseppi's Pizzeria and thought the method of
collection should be broader and everyone in the community should participate. The revenue stream generated by the
tax should only be used to payoff debt. When the debt is paid, the City should end the F&B Tax and move on,
Ms. Bennett explained the Department ofEnvironmcntal Quality (DEQ) debt extends to 2024 and discussed with the
Council the advantages of an election in November and May.
ASHLAND CITY COUNCIL MEET/NG
June /6, 2009
Page 70/8
Councilor Navickas/Jackson m/s to put extending the Food & Beverage Tax before the voters. DISCUSSION:
Councilor Jackson explained the tax on meals brought tourists into the equation and was a voluntary expenditure
where raising sewer rates were more regressive. She questioned how much the restaurant industry is dependent on
local business compared to visiting tourists. Councilor Navickas commented the City had avoided revenue shortfalls
because it had diversified revenue sources. The Food & Beverage Tax has some regressive elements but in many
ways was a luxury tax on high-end restaurants and tourists. He understood the impacts to local businesses and
thought the tax was an opportunity to diversify tax revenues. Councilor Lemhouse acknowledged how hard it was to
survive in the restaurant industry and the tax should go to the voters to decide. Councilor Silbiger shared his
experience as a restaurant owner dealing with F&B Tax complaints and noted revenues from the tax had grown
steadily until this past year. The money generated provided parks and a steady source of income to reduce the
Wastewater Treatment Plant debt. The voters should hear both sides of the argument and make a decision,
Councilor Voisin agreed it should go to the voters. Roll Call Vote: Councilor Jackson, Chapman, Navickas,
Silbiger, Voisin and Lemhouse, YES. Motion passed.
Councilor Silbiger/Lemhouse mls to place on November ballot. DISCUSSION: Councilor Lemhouse explained
funding decisions regarding the Parks Department needed to occur prior to May, Roll Call Vote: Councilor
Jaekson, Chapman, Navickas, Silbiger, Voisin and Lemhouse, YES. Motion passed.
Ms. Bennett would research how long to extend the tax along with proposals on the Council terminating the tax. The
Council suggested the City allocate 1,2% of the tax as an administrative fee, place a possible cap on large catering for
certain events and cap the amount allocated for the Parks Department CIP projects to ensure parkland acquisitions.
Staff would look into monthly, bi-monthly or quarterly tax payment feasibility and provide options for dividing the
20% allocated to the Parks Department for ClP projects and new parklands,
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Couucil eonduct and approve Secoud Reading of an ordinance titled, "An Ordinance Concerning
Code Enforcement, Amending Chapter 1,08 ofthe Ashland Municipal Code and Repealing AMC 11.48"?
City Attorney Richard Appicello read the title in full. City Administrator Martha Bennett explained the ordinance
would give the City the ability to designate staff other than the Ashland Police Department to conduct code
enforcement activities.
Councilor ChapmanlSilbiger m/s to approve Ordinance #2985. Roll Call Vote: Councilor Silbiger, Navickas,
Chapman, Jackson, Voisin and Lemhouse, YES. Motion passed.
2. Should Council eonduct and approve Second Reading of an ordinance titled, "An Ordinance Amending
AMC 11.52.030.E to be Consistent with the Oregon Vehicle Code"? .
City Attorney Richard Appicello read the title in full.
Councilor Jackson/Lemhouse m/s to approve Ordinance #2986. Roll Call Vote: Councilor Lemhouse,
Jackson, Silbiger, Chapman, Navickas and Voisin, YES. Motion passed.
3. Should Council conduct and approve First Reading of an ordinance titled, "An Ordinance Related to
Abandoned Vehicles and Repealing Chapter 11.32" and move the ordinance on to second reading?
City Attorney Richard Appicello read the title in full. He eXplained the ordinance related to the Law Enforcement
Data Systems (LEDS) audit and would initiate the State process for Tow prior to running the Department of Motor
Vehicles (DMV) check. Police Chief Teoy Holderness further explained the ordinance would give the Police
Department a greater ability to contact the owner first and ask them to move their vehicle prior to towing.
Councilor JacksonNoisin m/s to approve first reading of ordinance and place on agenda for second reading.
Roll Call Vote: Councilor Voisin, Silbiger, Jackson, Navickas, Lemhouse and Chapman, YES. Motion passed,
NEW AND MISCELLANEOUS BUSINESS-continued
2. Does Council approve the Mayor's appointment of a Croman Advisory Committee (CAC) to advise the
~
ASHLAND CITY COUNCIL MEET/NG
June /6, 2009
Page 8 0/8
, '
, .
Planning Commission with regards to the implementation strategy (Comprehensive Plan and Land Use
Code Amendments) for the Croman Mill Redevelopment Plan?
Councilor Jackson/Chapman mls to allow Councilor Silbiger to be recused due to potential conflict of interest.
Voice Vote: all AYES, Motion passed,
Councilor Silbiger left the room at 10:07 p.m.
Community Development Director Bill Molnar provided background on the selection'process. Councilor Jackson
requested that the committee include residents from the Tolman Creek and Siskiyou Boulevard neighborhoods, She
asked that Bill Benison be anowed to participate on this committee. Mr. Molnar eXplained that staff could
accommodate another individual but had already declined requests for additional members. Committee meetings
would be public and staff could reserve time for public input. It was explained the Committee was advisory only,
would meet for 3-4 months and provide comment to the Council and the Planning Commission.
Councilor Chapman/Jackson m/s to approve the Mayor's appointments of the Croman Advisory Committee,
with the additional appointment of Bill Bellison and to appoint Councilor Navickas as the Council liaison.
Ron can Vote: Councilor Chapman, Voisin, Navickas, Lemhouse and Jackson, YES, Motion passed.
Councilor Silbiger returned to meeting at 1 0: 1 8 p.m.
3. a. Should Council approve First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter
13 to Establish Standards Forms for Right-of-Way Regulation and Providing for Donation or Loan of
Functional Items" and move the ordinance on to Second Reading
b. Should Council approve First Reading of an ordinance titled, "An Ordinance Amending the AMC
Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6,44" and move the ordinance on
to Second Reading?
Councilor Jackson/Chapman m/s to continue items until Special Meeting June 25, 2009 at 5:00p.m, Voice
Vote: all A YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
I. RVMPO
2, Forest Lands Commission
Delayed due to time constraints.
SUMMARY OF MEETING
City Administrator Martha Bennett provided a brief summary of the meeting.
ADJOURNMENT
Meeting was adjourned at 10:24 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
City Council Special Meeting
June 25, 2009
Page I of3
>
MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
June 25, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 5:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Navickas,. Lemhouse, Jackson, Silbiger and Chapman were present. Councilor Voisin was absent.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of July as Oregon National Guard Month was read aloud.
PUBLIC HEARINGS
1. Should Council approve a resolution to adjust budget appropriations for Fiscal Year 2009 for changes in
operational expenses to remain in compliance with Oregon Budget Law?
Administrative Services and Finance Director Lee Tuneberg presented staff report and outlined the appropriations.
Public Hearing Open: 5:06 p.m,
Public Hearing Closed: 5:06 p,m.
Councilor NavickasiLemhouse mls to approve Resolution #2009-20. Roll Call Vote: Lemhouse, Jackson,
Silbiger, Navickas and Chapman, YES. Motion passed.
UNFINISHED BUSINESS
1. a, Should Council approve First Reading of an ordinance titled, "An Ordinance Ammending AMC
Chapter 13 to Establish Standards Forms for Right-of.Way Regulation and Providing for Donation or
Loan of Functional Items" and move the ordinance on to Second Reading.
b, Should Council approve First Reading of an ordinanance titled, "An Ordinance Amending the AMC
Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on
to Second Reading?
Public Works Director Mike Faught, Community Development Director Bill Molnar and Project Manager Adam
Hanks presented staff presentation that included powerpoint presentation. The presentation included:
. Background on recommendations from 2008 Downtown Task Force
. Previous Council Action from May 4 and 5, 2009
. Functional items and activities permitted by proposed ordinance
. Updates to the proposed ordinance since the council action of May 5, 2009 - change to l3.03.01O
Purposes; 13.03.050 Exempt Activities; 13.03.035 Interim Regulations for Publication Boxes
. Findings - Sidewalk dining and placement of Publication Boxes
. Sample pictures of News Racks, garbage receptacles
. Suggested edits to l3.02.040 Permission Required, l3.02.040.C Prohibition, l3.02.040.D Donated or
Loaned Functional Items, l3.03,060,A (5) Materials and construction standards, l3.03.060.A (8)
Minimum Square Footage and 13.03.090 Denial, Revocation, or Suspension of Permit
. Downtown Sidewalk Usage Map - identifying existing functional items and impacts of 6 foot, 8 foot and
lO foot pedestrian safety zones
. Right,of-Way Encroachment Guidelines that require a permit
Discussion on the need for a functional defnition of "minimum" resulted in the recommendation that the map be
altered when necessary in order to protect pedestrian ways. City Attorney Richard Appicello stated that staff could
provide a tiered alternative if the council chooses if they would like language added into the proposed ordinance,
City Council Special Meeting
June 25, 2009
Page 2 of3
Staff explained that there are different types of publication boxes that could be chosen depending on whether they are
coin operated or fee of charge. The charge by the City would be the same regardless ofthe type of publication. The
proposed ordinance requires that aJl vendors participate by 2012 but transition would begin with the effective date of
the proposed ordinance.
Mr. AppiceJlo explained that the proposed ordinance reflects current municipal code that gives authority to the City
Adminstrator rather than the Community Development Director. Clarification was made that use of Plaza as a
distribution point is not being considered.
Concern was raised regarding term of "free speech" and staff explained that this only means that a place is being
provided to distribute material.
Council raised the issue of "six foot minimum" and staff was prepared to offer subsitute language. Options wiJl be
brought back to council for consideration at second reading of ordinance. Council considered and discussed II foot
rather than 12 foot right-of,way which increases pedestrian way and exceptions to the map in the downtown area
could be done,
Councilor Chapman/Navickas rn/s that staff provide language to have a functional defintion of minimum
sidewalk hased on 11 feet. DISCUSSION: Staff provided language for consideration. Coucilor Chapman requested
that the language be better clarified and placed where it is referenced in the ordinance. Councilor Lemhouse
commented on the importance of pedestrian passage way and the improvements that wiJl be gained when current
publication boxes are moved. Roll Call Vote: Chapman, Navickas, Lemhouse, Silbiger, YES; Jackson, NO.
Motion passed 4-1.
Pro and cons on where publication boxes are placed was discussed. Suggestion that there be a single location in
downtown area, on city property, where publications can be provided for sale and procured was made. Mr. AppiceJlo
stated that aJl options need to be considered after aJl phases have expired. City Administrator Martha Bennett stated
that public outreach would need to occur in regards to where publication boxes would be aJlowed for placement. She
eXplained that the business owners anticipate their ability to distribute their own material. Consolidated location of
publication boxes was suggested and staff was requested to bring back options to explore and consider. Concern was
raised regarding first amendment and the ability to have access to information or restricting access.
Councilor was asked to consider removing aJllanguage that refers to new regulations on publicatoin boxes and
directing staff to bring back options for consolidating boxes to areas that are riot on the sidewalk. Ms. Bennett stated
that council should provide some language regarding publication boxes in the proposed ordinance and then to
reevaluate later. It was claified that the map could be adopted at a later date.
Ordinance title, proposed changes and additional language were read aloud.
Councilor Jackson/Lemhoouse rn/s to approve first Reading of an ordinauance titled, "An Ordinance
Amending the AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move
the ordinance on to Second Reading with noted changes and additional language. Roll Call Vote: Navickas,
Chapman, Silbiger, Jackson and Lemhouse, YES. Motion passed.
Ordinance title and proposed changes were read aloud,
Councilor Lemhouse/Navickas rn/s to approve first reading of ordinance titled "An Ordinance Ammending
AMC Chapter 13 to Establish Standards Forms for Right-of-Way Regulation and Providing for Donation or
Loan of Functional Items" and move the ordinance on to Second Reading. DISCUSSION: Councilor chapman
noted his objection to "no fees and charges," Roll Call Vote: Lemhouse, Silbiger, Jackson, Chapman and
Navickas, YES, Motion passed,
Councilor Chapman/Lemhouse rn/s to direct staff to look at resolving the publication box issue and look at
City Council Special Meeting
June 25, 2009
Page 3 of3
consoIidition and location in as few areas as possible. DISCUSSION: Councilor Navickas voiced concern that
this limits free speech. Councilor Jackson voiced support with continuing in the direction as provided by staff.
Councilor Silbiger stated that there are functional problems with consolidating location of publication boxes. Roll
Call Vote: Chapman and Lemhouse, YES; Navickas, Jackson and Silbiger, NO. Motion failed 2-3.
NEW AND MISCELLANEOUS BUSINESS
1. Does Council want to continue to purchase Environmentally Preferred Power from the Bonneville Power
Administration in Federal fiscal years 2010 and 2011?
Electric Director Dick Wanderscheid presented staff report. He explained that the expiration dale for this agreement
is July 1 5, 2009 and staff recommends that the City continue to purchase laMW of Environmentally Preferred Power
(EPP) from BP A for fiscal years 20 I 0 & 20 1 1.
Councilor Silbiger, Chapman m/s to authorize the City's Electric Director to notify BP A of our intent to
purchase laMW ofEPP in Federal Fiscal Years 2010 & 2011. Roll Call Vote: Silbiger, Chapman, Navickas,
Lemhouse and Jackson, YES. Motion passed,
Mayor added item for discussion regarding request by a past Councilor for reimbursement, which had been denied, of
expenses associated with fiscal year ending 2007,08. The reimbursement request was submitted in February 2009
and the deadline for submitting was in August 2008. Council consensus was to take no action on this request.
ADJOURNMENT
Meeting was adjourned at 6:28 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
ASHLAND AIRPORT COMMISSION
June 2, 2009
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, LARRY GRAVES,
RUSS SILBIGER, TREG SCOTT
STAFF: SCOTT FEURY~ MIKE FAUGHT
MEMBERS ABSENT: ALAN DEBOER
Visitors: Jeanette Hutchinson
1, CALL TO ORDER: 9:41 AM
2, APPROV AL OF MINUTES: May 5 & 19, Motion by Wolske for approval, second by
Hendrickson, unanimous vote, minutes approved as written.
3, Additional Items: Airport Day Discussion (Zevel
4, Public Forum: Jeanette Hutchinson read over a list of five memo points that Allan
Sandler needed clarification on from the previous two meetings. The points include
exact price per square foot, electrical bills throughout the airport, toilet sq-ft cost and
removal of office space. The memo points were sent out via email to the Commission
members this past Friday and were also available at the meeting, The Commission feels
that they have directly answered these questions during the past two meetings and do
not feel there time is well spent answering the same questions repeatedly, but wish to
make clarifications. Discussion revolves around the removal of office space in the
Sandler Hangar. Faught states that Mr, Sandler would like to remove the office space to
allow for a better fit of his planes so he does not have to stagger the wings, Faught
presents the architectural drawings of the new layout before Commission for review,
Zeve states the Commission does not want to see the City devalue an asset by allowing
removal of existing office space in a City owned hangar as per the request of Mr.
Sandler. Wolske states that in the rental world the landlord should not allow the
devaluation of an asset and that if a tenant wants to remove structure to better
improve there personal layout they should still pay the rate as if that structure exists in
the building and then at the end of tenant occupation restore building to original
condition and layout. Skillman states that Mr, Sandler's airplanes could fit in the hangar
side by side without wing stagger if the office space is removed, but that the majority of
other planes that could be stored in the hangar would have to stagger there wings with
or without office space in tact, Faught states that he will take this information into
consideration and speak with the City Administrator regarding this issue, Motion by
Hendrickson: Tenant must pay full rental value of hangar at current build out and can
remodel structure per building code, but must restore structure to previous condition
when no longer an occupant, 2nd by Skillman, Silbiger abstains, all approved. Skinner
addresses the airport renlal rates and states that it is common industry practice to set
different rates for different types of hangars at an airport. Hendrickson agrees that an
open T,hangar should not pay the same square footage rate as an enclosed box
hangar with and electric door. Commission also makes clarification about price per
square foot of a bathroom addition to the hangar, The price per square foot is meant
C:IOOCUME-1Ishipleld\LOCALS-1ITemplJune 22009.doc
1
to adjust the cost of the total hangar to market value, not to be associated with a
direct bathroom cost as Mr, Sandler stated in the memo. Commission also agrees that
the rates make sense for either a commercial or non,commercial occupant and that a
bathroom is a desired commodity in a hangar. Faught then discusses a rental lease
term with the Commission as there is a precedent set when the new T-hangars were
built. people were offered a 5 year pre-paid terms. Faught states that this item will be in
direct negation with the City and that the tenant will need to pay the difference in any
rate increases approved by Council each year even if they have paid the 5 years
upfront.
5. OLD BUSINESS:
A. AlP Project Consultant Selection: Fleury states that a consultant has been selected
via the RFP grading process and thai the City of Ashland is currently in contract
negotiations with Reid Middleton for the engineering design. Commission thanks
Scott for assisting in the grading process, Fleury will update Commission on status of
AlP engineering each meeting.
B. Airport Day: Commission members state that overall it was a subdued event
compared to previous years, but the event was still a success and appreciated by
all in attendance. Commission thinks that Burl Brim did a good job at providing a
successful Airport Day, Discussion turns to concerns over safety and community
advertisement. Fleury states that the City was not aware of Airport Day until Tuesday
the 19th and that as a City and Commission could have assisted in numerous ways.
Wolske states that from previous meetings after last year's Airport Day, there was
discussion of aircraft marshaling and other safety issues that needed to be
addressed before the next Airport Day, These issues were not addressed since there
was no true advanced notice of Airport Day to the Commission or City staff. Wolske
would like the Commission and City to take more own,ership with regards to Airport
Day. Wolske also mentions that having a check in/out desk for pilots so they are
able to have a marshal safely lead them on and off the taxiways to the runway.
Zeve to draft letter to Brim discussing these points. Hendrickson would like an
agenda item for January to discuss Airport Day well in advance, Bender states that
promotion of Airport Day is a very important issue and that we should really do
whatever we can as a City and Commission to let the public know about it, Fleury
states that if the City knows far enough in advance they can reserve the banner
section across Main St. as part of the advertisement of Airport Day. The City can also
issue a press release on the City website and even include information in Ihe City
Source that goes out every month in the utility bill.
C. Role Policy Development: Fleury asks Commission about any edits that can be
made to the attached rate sheet. Commission members recommend placing word
"box" before hangar shell rental and putting "City Owned" afler privately built.
Commission also recommended to place amenity definitions under there price
structure. Fleury also asks for clarification of shell rental rate as specified by motion at
the previous meeting; from the Sandler memo he believed it to be ,245 sq,ft/monlh
while Fleury believed it to be .25 sq-ft/month. The Commission all agreed that the
motioned rate from the previous meeting was .25 sq-ft/month. Fleury will make
necessary changes to rate sheet.
6. NEW BUSINESS:
A. Hangar Doors: Zeve questions who should shoulder the responsibility of an improved
hangar door? Zeve does not want to see the City responsible for maintaining
anything other then a general non,powered door. If hangar has an improved door
then in the lease document it should specify who is responsible for maintenance
C:\DOCUME-1\shipletdILDCALS-1ITemplJune 22009.doc 2
.
.
and upkeep. Discussion revolves around the FBO maintenance hangar door and its
replacement as requested by the Airport Commission do to its possible safety
problems. Staff states through legal's research into Skinners lease that Skinner is
responsible for maintenance of the hangar doors, not the City. The Commission
believes that the doors have reached the end of there useful life and it is the
responsibility of the City to replace them, Skinner states that throughout his time at
the Airport the City has previously maintained the hangar doors and has agreed to
maintain the FBO maintenance hangar do to its poor state when he moved in.
Fleury points to section 10 of the new approved lease template and Commission
agrees that it is somewhat vague when it comes to maintenance and replacement
of hangar items, Skinner to send Fleury documents and Commission minutes
regarding the FBO maintenance issues in the past for Faught to review,
B. Commission Ordinance: Silbiger gives oveNiew of existing Commission Ordinance.
The City would like to remove the Council Liaisons as a voting member from
Commissions and now is the chance to update the existing ordinance with any new
language, number of members and conflict of interest statements. Commission
discusses possible improvements and they included stating the Airport Manager
(FBO) in the membership section as an ex officio non voting member and a
statement that discusses that if the majority of members have a conflict of interest
with regard to discussions that technically no conflict of interest exists then. Legal will
make ordinance updates and Commission to review before being approved by City
Council. '
C, Airport Website: Discuss at next meeting
7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A, Status of Airport, Financial Report, Review of Safetv Reports: Skinner states that
activity is increasing from fire investigation flying to transient activity.
B. Maintenance Updates - Fleury states that Ihe concrete and door rail system for
the one enclosed t-hangar that has failed will be replaced and the City will work
on replacing the rest of them as budget allows.
8. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM,
9. NEXT MEETING DATE: July 7, 9:30 AM
ADJOURN: Meeting adjourned at 11 :40
C:\DOCUME-1\shipletdILOCALS-1\Temp\June 2 2009.doc
3
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 12, 2009
CALL TO ORDER
Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Michael Dawkins, Chair
Larry Blake
Tom Dimitre
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Staff Present:
Bill Molnar, Community Development Director
Maria Harris, Planning Manager
April Lucas, Administrative Assistant
Absent Members:
Mike Morris
Council Liaison:
Eric Navickas, absent
ANNOUNCEMENTS
Community Development Director Bill Molnar noted Kimberly A. Gray would be speaking on sustainability and the "Modern
American City" on Thursday, May 14 at the SOU Stevenson Union at 7:30 p.m. He also commented on the Sign Code Guide
that was distributed to the commissioners at the beginning of the meeting and explained Planning Division staff is working to
infonn local merchants of recent changes to the City's sign code and are helping them to come into compliance. He added the
right of way portion of the Downtown Task Force recommendations is still working its way through the City Council and is
scheduled to be reviewed at the June 16, 2009 Council meeting.
CONSENT AGENDA
A. Approval of Minutes
1. April 14, 2009 Planning Commission Meeting
B. Approval of Findings for PA #2009-00314,500 Strawberry Lane
Commissioners Marsh/Dotterrer m/s to approve the Findings for Planning Action #2009.00314, Voice Vote: all AYES,
Motion passed.
Commissioners DotterrerlDimitre m/s to approve the April 14, 2009 Planning Commission minutes, Voice Vote: all
AYES, Motion passed. .
PUBLIC FORUM
No one came forward to speak.
OTHER BUSINESS
A. Croman Mill Redevelopment Plan
Planning Manager Maria Harris noted the site visit to the Croman Mills site that was conducted by the Planning Commission
on April 28, 2009 and explained staff has taken the Draft Plan and have started working on the actual plan maps. She
explained they have begun to identify areas, specifically in the proposed street and land use networks, which will likely need to
be refined in order to confonn to the topography of the site.
Ashland Planning Commission
May 12. 2009
Page 1 of 3
'Staff presented a digital elevation model and commented on some of the grade issues'in relation to the street framework.
Senior Planner Brandon Goldman stated the map illustrates well some of the difficulties that would exist with locating the
streets as proposed in the Draft Plan. He explained significant issues exist at the riparian area located at the south end of the
property, He stated as proposed, a number of crossings would be required, and he also commented on the additional grade
issues on this section of the property. Mr. Goldman commented on the area at the north east of the property and stated there
are some steep grade changes here as well that will affect the streets as proposed.
Community Development Director Bill Molnar commented on the possibility of a residential overlay and explained a mixed use
building design may be more compatible with the topography in these areas and with the adjacent uses that currently exist.
Mr, Molnar also noted the railroad spur identified in the Draft Plan and suggested the Commission consider moving the light
industrial area closer to the existing railroad, He clarified in order to create the connection with the railroad, staff is suggesting
more of a north-south configuration of the industrial and office employment lands, rather than the east-west layout that was
proposed in the Draft Plan.
Comment was made noting the amount of fill on the portion of land to be used by Plexis and it was questioned if this material
would need to be removed prior to construction. Mr. Molnar explained the property owner and Plexis have reviewed this issue
and have looked into engineering a building at the southern portion of the lot on the fill. He stated they could engineer a
building to structurally deal with the fill issues; however Plexis has also indicated the desire for an outdoor campus for their
employees. Mr. Molnar stated the Plexis development would likely need to be completed in phases, and the first phase would
be to construct a building at the southerly end, which might require removing some fill, and then deal with the northern portion
of the lot which houses the more significant fill issues.
The Commission continued their discussion on the land use framework and shared their preferences as to where the office
space and light industrial areas should be located.
Mr. Molnar commented briefly on the 5-acre portion of land at the south end of the property. He explained this area has a
Comprehensive Plan designation of E-1 , but the land is currently occupied by a trailer park. He stated the Plan does include
addressing the long term goals for this area since it is located within the City's urban growth area; however there have been
no discussions with the property owner to annex this land at this point. Mr. Molnar clarified this portion of property is controlled
by the same property owners as the Croman Mill site,
Mr. Molnar noted that even after the final plan is approved, there may be instances where the plan needs to be adjusted
slightly. He commented that once work begins you often find out things about a property that are unexpected and
amendments to the concept plan may be needed. He explained any major amendments, such as removing a planned road or
changing the land use designation, would need to come back to the Planning Commission for approval. While minor
amendments, such as the adjustment of a streel or circulation pattern of no more than 50 ft could be approved through
internal department review.
Gerry Powell/Addressed the Commission and voiced his support for a residential overlay on the west side of the Croman
property near Hamilton Creek.
Aaron Benjamin/Asked the Commission to consider including workforce housing units to service the new jobs that will be
created on the Croman site. He stated this area is going to become an important micro-neighborhood of the City and asked
that the Commission take into consideration the housing, transportation, retail, shopping facilities, and educational facilities
that will be needed to service this area.
Mr. Molnar announced the next step in this process is for staff to take the items discussed tonight and bring back options for
the Commission to consider at their May 26, 2009 Study Session. He noted there is continuing interested in the community
regarding this project and slaff and Mayor Stromberg have discussed putting an advisory committee together to bring a
different perspective to the planning process. He stated the advisory commission would be comprised of representatives from
the various City commissions, and well as representatives from the neighborhood, Southern Oregon University, the Chamber
of Commerce, and the City Council.
Ashland Planning Commission
May 12, 2009
Page 2 of 3
. Commissioner Marsh asked if there would be a neighborhood meeting included in this process and commented on the
importance of making sure the adjacent neighborhood is aware and involved in this process. Commissioner Miller added the
residents of the trailer park will also be impacted by the development of the Croman property and should be included in any
outreach efforts,
The Commissioners issued their final comments on the overall Plan. Mindlin asked if the 5-acre piece at the south end of the
. property could be preserved as a farm, or possibly zoned as a park or community garden. She also expressed concern that
the Croman Plan did not fit into an economic development plan. Dawkins questioned if the Croman site is the best location for
high density employment and felt in general, office oriented development should be centered toward downtown. Miller
suggested they focus on economic health, not economic growth. Comment was made that the general concept of this Plan
has already been determined and approved by the City Council. Mr. Molnar agreed and stated the Commission has some
flexibility and can make minor adjustments to the Plan, but any major revisions will likely need to be approved by the City
Council. Suggestion was made for staff to let the Commission know the major areas of discretion that are on the table.
8, Planning Commission Annual Retreat
Mr. Molnar noted the Commission's annual retreat is typically held in late May, early June and asked the Commission to select
a date. Marsh questioned what would be on the retreat agenda and Mr. Molnar clarified this is their retreat and they can set
the agenda. The Commission briefly discussed their schedules and preferences and il was decided the Commission would .
delay the annual retreat for a few months. The Commission determined it would be beneficial to wait until the Council has
adopted their annual goals, the results of the City's transportation grant application have been provided, and the ninth member
of the Planning Commission has been appointed, Suggested topics for discussion at the retreat included commissioner
communication with the City Council and a discussion on what a sustainable city looks like.
ADJOURNMENT
Meeting adjourned at 8:55 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Ashland Planning Commission
May 12, 2009
Page 3 of 3
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
. MINUTES
MAY 26, 2009
CALL TO ORDER
Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Planning Commissioners Present:
Larry Blake
Michael Dawkins
David Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
Staff Present:
Bill Molnar, Community Development Director
Maria Harris, Planning Manager
Brandon Goldman, Senior Planner
April Lucas, Administrative Assistant
Absent Members:
Tom Dimitre
Council Liaison:
Eric Navickas
ANNOUNCEMENTS
Community Development Director Bill Molnar noted that two Open Houses on the 1-5 Bridge Redesign project have been
scheduled for May 28, 2009. He stated the meeling information has been posted on the City's website and the Oregon
Department of Transportation will be leading the events.
PRESENTATIONS
A. SOU Pedestrian Mapping Project .
SOU Professor Pat Acklin explained she had previously met with City staff to develop a student project which would
encourage people to walk by providing information on how far pedestrians have to travel to get to key locations within the City
of Ashland. Ms. Acklin explained that tonight she is joined by the students from her class to present the information they have
gathered.
Students Matt Wamke, Alex Mattick, David Maynard, Serena Rittenhouse-Barry, Treasa Cordero, Helena Peterson, Chris
Austin and Danny Fry addressed the Commission and provided their presentation titled "Encouraging Pedestrians: A Walking
Distance Table of Ashland Destinations." The students presented a brief summary of their mission and the methods used to
determine the points of interest and intersections identified in the Walking Distance Table. They explained GPS tracking
systems, pedometers, Google Earth and Google Maps were used to gather the information and noted some of the issues that
might affect the measurements include route choice, elevation changes, and physical abilities.
The students presented the Walking Distance Table and issued the following recommendations to the Planning Commission:
1) Increase the number of water fountains, benches and shade trees,
2) Publish the Walking Distance Table on maps of bus routes, bicycle routes, and parks.
3) Post the Walking Distance Table on the City's website, the OSF website and the Chamber of Commerce
website.
4) Make the Table available in hotels, motels, and as tilble tents in restaurants.
5) Post the Table at bus stops.
6) Continue to establish nodes of commercial development to serve dispersed neighborhoods.
7) Consider adding van routes connecting to bus lines to increase the use of buses.
Planning Commission Study Session
May 26, 2009
Page lof3
, The Commission questioned if walking times could be included in the table. It was also suggested that the distance between
bus stops be incorporated as well as putting the information into a map format.
Professor Acklin and the SOU students were thanked for the work they did. Ms. Acklin noted the Distance Table was
produced for the City and they are free to edit and distribute it as they see fit.
8, Planning for Public Health - Staff Presentations
Senior Planner Brandon Goldman gave a presentation on the connection between land use planning and public health. Mr.
Goldman provided several statistics on U.S. public health, including:
. 30% of U.S. adults are obese, 65% of Americans weigh more than is healthful, and one in five children and
one in three teens are overweight or at risk of becoming overweight.
. Asthma affects 15 million Americans; 5 million of those are children, The number of asthma cases has more
than doubled since 1990. Mr. Goldman noted a recent study which indicales thal tree lined slreets may be
healthier for children's lungs than streets without trees.
. Between 1994 and 2004 the prevalence of diabetes increased more than 50%, and one of every ten heallh
care dollars spent in the U.S. goes towards diabetes and its complications.
. The leading cause of death for women and men in the U.S. is heart disease. In 2003, 685,089 people died
of heart disease, accounting for 26% of all U.S. deaths.
Mr. Goldman explained one of the strategies to combat these health issues is through land use planning. He commented on
addressing environmental conditions, providing recreational opportunities, access to quality local food, and access to health
care. He indicated they have the ability to influence individual health behaviors by planning for neighborhood walkability,
planning complete streets for multi-modal transportation, providing neighborhood parks, providing affordable housing and
healthy homes. Mr. Goldman commented on neighborhood connectivity and the benefits of a "traditional" neighborhood
pattern (gridded street system). He explained that complete streets reduce injuries and residents are 65% more likely to walk
in a neighborhood if it has sidewalks. He added iil Portland, Oregon, a complete streets approach resulted in a 74% increase
in bicycle commuting from 1990 to 2000. Mr. Goldman also commented the amount of population that does not drive and how
reducing vehicle traveling speeds can have a significant impact on pedestrian fatalities.
DISCUSSION ITEMS
A. Croman Mill Site Redevelopment Plan - Land Use & Street Framework Refinements
Mr. Molnar provided a brief introduction and emphasized that while this plan will layout the conceptual ideas, as the area
builds out they will need to factor in a degree of flexibility. He added the final ordinance will likely allow minor component shifts
to be done administratively; however major changes to the plan will trigger a land use action and will come back to the
Planning Commission and/or City Council.
Planning Manager Maria Harris began her presentation by providing a recap of the process to date. She explained in 2006 the
City received a grant to do an Economic Opportunities Analysis (EOA), which is a required analysis that addresses Statewide
Planning Goal 9. Ms. Harris stated the EOA requires the City to make employment projections for at least the next 20 years
and identify the acreage needed to accomplish that projection. She stated the City's EOA was completed in April 2007 and it
identified the Croman Mill site as an important resource to meet the City's future employment needs. Ms. Harris stated in
December 2007 the City received a TGM grant to complete the draft master plan for the Croman site and she provided an
overview of the 12 month public process that took place throughout 2008. In December of 2008, Ms. Harris stated the City
received the Draft Master Plan from the consultants.
Ms, Harris noted that during the public workshops, issues and concerns expressed by the community were incorporated into
guiding principles that are included in the plan. In addition, several options were presented and voted on by the community
until a refined hybrid option was finally selected. Ms Harris stated the preferred option identified both light industrial and office
space to be included on the Croman site, as well as a neighborhood center. Ms. Harris stated they are now in Phase II, which
is developing the package of Comprehensive Plan and Land Use Code amendments that will implement the draft plan,
Mr. Harris provided two plans that identify the original layout of land uses and the proposed revisions by staff, She explained
the original layout in the draft plan has an east,west configuration, while the proposed plan adjusts the land uses to a north,
Planning Commission Study Session
May 26, 2009
Page 2 of 3
, south layout and converts a couple of areas to a mixed-use designation. Senior Planner Brandon Goldman provided a further
explanation of the potential redistribution of land uses. He commented on the potential to include mixed, use areas next to
Hamilton Creek and the existing residential areas and noted this modification would include a slight increase of open space
area. Mr. Goldman also provided a chart which outlined the proposed acreage by land use,
Mr. Goldman explained that a revised street framework plan has also been proposed to address grade, physical constraints,
and rail access issues. He provided images of the possible framework and indicated where the adjustments are proposed.
Ms. Harris concluded the presentation by reviewing the Land Use Outline included in the Commission's packet materials. She
asked if the commissioners had any questions or comments and asked for their feedback on the elements reviewed in
tonight's presentation.
Commissioner Dotterrer questioned if the adjustments proposed by staff would be acceptable to the Council. Council Liaison
Eric Navickas voiced his support for what has been put forward and stated these are the types of revisions lhe Council was
looking for. Several commissioners echoed Navickas' statement and voiced their support for the adjustments proposed by
staff. Commissioner Mindlin shared her comments on preserving the railroad spur and asked about sustainability issues and
received clarification regarding at what level these could be incorporated into the plan. Several other commissioners also
voiced their preference to maintain access to the railroad spur. Comment was made questioning if the industrial traffic would
be kept separate from the other traffic. Staff clarified a truck route that could be added if they didn't want these vehicles to use
the main boulevard; however it was noted the central boulevard has been planned to accommodate the industrial traffic.
Comment was made questioning the feasibility of ODOT vacating their property, Mr. Molnar clarified ODOT has shown
interest in possibly moving their location; the issue is finding a suitable replacement. He added ODOT has indicated that long
term their current location may not be the best option. Commissioner Mindlin expressed concern about certain types of
industrial uses that are being precluded, specifically sorting yards, She asked that if this is not allowed at the Croman site that
the City make sure there is a place in town that allows for this.
Mr. Molnar thanked the commissioners for their input and stated if they have any other concerns or comments to contact staff.
ADJOURNMENT
Meeting adjourned at 9:05 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Planning Commission Study Session
May 26, 2009
Page 3 of 3
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
JUNE 23, 2009
CALL TO ORDER
Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Planning Commissioners Present:
Larry Blake
Michael Dawkins
Tom Dimitre
David Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
Staff Present:
Bill Molnar, Community Development Director
April Lucas, Administrative Assistant
Absent Members:
'None
Council Liaison:
Eric Navickas
PRESENTATIONS
A, Ashland Transportation System Plan (TSP) - Discussion of Grant proposal, Project Scope and Tentative
Timeline
Community Development Director Bill Molnar provided a brief introduction on transportation planning and Oregon's land use
system. He commented on State Planning Goal #12, which is the state's transportation goal, and stated the objective of this
goal is to create a pattern of travel and land use that will avoid the air pollution and traffic movability problems faced by other
areas of the country, avoid principle reliance upon anyone mode of transportation by providing increased transportation
choices, evaluate land use designations and densities to support transit lines, and increase shopping areas with convenient
walking and cycling distance of residential areas, Mr. Molnar also commented on the Transportation Element of the City's
Comprehensive Plan and explained this document is an expression of the community's values towards transportation;
however it is still required to be consistent with the overall State goal. Lastly, he explained the City has a Transportation
System Plan (TSP), which is a component of the Comprehensive Plan. This document takes the vision that is contained in the
Comprehensive Plan and states what actions need to be taken to implement the community vision. Mr. Molnar stated the TSP
was adopted in 1998 and states that the undertying concept of Ashland's Transportation Element is modal equity (equal
consideration of all travel modes); and through this modal equity concept, the City recognizes the need for a well designed,
integrated, and convenient network of pedestrian, bicycle, public transit, and automobile systems in order to realize their
vision.
Mr. Molnar explained that the City's Public Works Department has applied for a grant to update the City's TSP, and he
commented on the three key nodes that the City would evaluate as part of this project. Mr. Molnar concluded by stating the
TSP update will ultimately coordinate what the Planning Commission is doing with land use with what the Transportation
Commission is doing in terms of evaluating the citywide transportation system and brings them together to make a stronger
system for the entire community.
Public Works Director Mike Faught and Transportation Commission Chair Colin Swales came forward to address the
Commission. Mr. Faught noted the importance as they move forward with the TSP update that they receive input from the
Planning Commission about the needs in Ashland in terms of transportation and as they relate to the land use process.
Mr. Faught commented on the grant application and noted several of the key objectives, including:
Planning Commission Study Session
June 23, 2009
Page 1 of 3
. Improve quality of life and support economic prosperity;
. Safe and efficient multi,modal networks based on existing and forecasted land use;
. Increase bicycle and pedestrian trips;
. Create a "green" template for other communities;
. Develop mixed land use activity centers with a multi-modal focus;
. Develop transit corridors using land use and transportation measures to support the public transportation
system;
. Update the Street Design Standards to provide more options for enhanced pedestrian and bicycle facilities;
. Plan for further safety and operational improvements such as bicycle and pedestrian lighting, bicycle .
boulevards and separated bike lanes.
Mr. Faught commented on the plan update process and stated they will need to work closely and in concert with the Planning
Commission in order to have a plan that works well for Ashland. He explained the adoption of the Transportation System Plan
update is a land use process and will come before the Planning Commission for a public hearing and then onto the City
Council for final adoption.
Transportation Chair Colin Swales explained the Transportation Commission is mainly comprised of people who spent time on
the Traffic Safety and Bicycle and Pedestrian Commissions. He stated they are all well equipped to deal with the task at hand;
however there are many projects coming forward including the Croman Master Plan, the SOU Master Plan, and the
development of the railroad property, and it would be best if they can consult with the Planning Commission as these move
forward.
Comment was made questioning how the improvements in the TSP would be funded. Mr. Faught explained the final plan will
include funding options; some will be paid for through SDCs, while others will have to be incorporated into the City's Capital
Improvement Plan. He added some of the projects may qualify for regional and state funding options, and the City will pursue
these as they become available.
Comment was made questioning how the City would go about creating the transportation vision. Mr. Faught explained the City
will issue a very specific RFP for the consultant that will assist with this project. He stated the selected consultant will have to
be open to other modes of transportation that would work well in Ashland and be able to take the input from the community
and incorporate it into the plan, He added the Transportation Commission will also have a major role in making sure the plan
meets Ashland's needs,
Mr. Faught clarified the Transportation Commission and the Planning Commission will need to work together and it will be
important for the Planning Commission to express any zone changes or large development plans they are considering so that
the Transportation Commission can appropriately plan for the transportation needs. Mr. Molnar added this is going to be a
back and forth process and noted a Joint Meeting between the two commissions has been scheduled for August 25, 2009.
B, History of Resource Efficiency in Ashland
Electric Director Dick Wanderscheid provided a presentation titled "Energy efficiency, renewables, and sustain ability: a 25
year history of resource efficiency in Ashland." Highlights from the presentation included:
. Ashland is the fourth oldest municipal utility in Oregon and has been in existence since 1909.
. The City of Ashland has operated an electric efficiency program since 1982, a water efficiency program since 1992,
and renewables since 1996.
. In the last 25 years, per capita electric consumption has gone down and Ashland currently has one of the lowest
consumption rates in the state.
. Water use in Ashland has also been reduced approximately 28 gallons per person, per day, since 2000.
. Ashland adopted one of the first Solar Access ordinances in the U.S. in 1982. That same year the City also adopted
a performance development ordinance that included density bonuses for energy efficient housing and began offering
a series of comprehensive energy efficiency programs in conjunction with BPA.
Planning Comrnission Study Session
June 23, 2009
Page 2 of 3
" .. . Between 1982 and 2006, Ashland has Invested approximately $16.1 million in energy efficiency, conselVation and
renewables.
. In 1990, the City turned to water use efficiency programs as a means to increase our water supply, These efforts
have been successful and the City has been able to save 500,000 gallons per day during the summer months. In
1998 the Council adopted a new goal of saving 1.5 million gallons per day by 2050.
.. In 1986, the City began offering the Super Good Cents program, and in 2004 that program was replaced with Earth
Advantage, which is a sustainable new home program that addresses all facets of green building.
. The City has utilized density bonuses since 1982. Currently the City offers a 15% increase in density If all the homes
are built to the Earth Advantage standards.
. The City adopted the Valdez Principles in 1990, and every year staff updates the Council on all the things the City
has done to support those principles.
. The City purchases 1aMW (5% of load) of green wholesale power (wind) from BPA each year.
. In 2004, the City and BPA won the "Innovative Application of Technology Award" for the Power Shift program.
Mr. Wanderscheid concluded his presentalion by speaking on what the future may hold. He noted the Governor's 2009
legislative plan and spoke on climate change, carbon reporting, and plug in electric vehicles. Mr. Wanderscheid explained the
City's new 20 year contract with BPA that contains tiered wholesale rates that will require Ashland to meet its load growth at
higher wholesale prices than it has under the current contract. He stated these new rates will take effect in October 2011 and
will impact the cost effectiveness of energy efficiency programs in the City.
Mr. Wanderscheid further explained the impacts electric vehicles will have on the City's electric utility. He slated as plug,in
hybrids and other electric vehicles become available the City will need a carefully thought out plan to address this issue. He
added it would make sense for the City to consider a smart grid, telecom and SCADA application to ensure that charging of
vehicles occurs at off peak times.
OTHER BUSINESS
A. September Planning Commission Meetings
Mr. Molnar announced the City Council has adjusted their meeting schedule in September and as a result the Planning
Commission will not have access to the Council Chambers on their normal meeting dates. He suggested two options are to
either shift the Planning Commission meeting dates to the first and third Tuesday in September, or shift the regular meeting to
the first Tuesday and hold the Study Session on its regular date in the Siskiyou Room of the Community Development Bid,
Staff was directed to send an email to the commissioners to gather their preferences.
ADJOURNMENT
Meeting adjourned at 9:20 p.m.
Respectfully submitted,
Aprif Lucas, Administrative Assistant
Planning Commission Study Session
June 23, 2009
Page 3 of 3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
July 21,2009 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benn Estimated Time:
Barbara Christensen
christeb(@ashland.or.us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from Dan Durant dba Brother's
Restaurant at 95 N Main Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is a change for a greater privilege license.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the'above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page 1 of 1
~.1I
r_~
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
July 21,2009 Primary Staff Contact:
City Recorder E,Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb(aJ,ash land.or. us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from Don Robertson, Ashland Parks
& Recreation dba Oak Knoll Golf Course?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is a change in ownership.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on aU liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page 1 of 1
-..
r_~
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
July 21, 2009 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb0lash land.or. us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from Gabriel Anaya dba Torero's
Family Mexican Restaurant at 2345 Ashland Street #205?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is a change in ownership.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page 1 of 1
r~'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Planning Commission
July 21, 2009 Primary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb{alash land.or. us
Mayor Stromberg
Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of John Rinaldi, Jr. to the Planning
Commission with a term to expire April 30, 2012?
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment to the Planning Commission on
application received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.17.020
Council Options:
Approve or disapprove Mayor appointment of John Rinaldi, Jr. to the Planning Commission.
Potential Motions:
Motion to approve appointment of John Rinaldi, Jr. to the Planning Commission with a term to expire
April 30, 2012.
Attachments:
Application received
Page I of I
r~'
f:~~~:'-.
e '{: .........;~:::: type or print answers to the following questions and submit to the City Recorder at
CitY Hall, 20 E Main Street, or email christebliil.,hland or.u,. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Name: John Rinaldi Jr.
Requesting to serve on: Planning Commission
Address: 459 Briscoe Place. Ashland. OR 97520
Occupation: Semi.retired
Phone: Home 488-1136
Work: (same)
Email: john@rinaldinet.com
Fax: 488-3377
1. Education Background
What schools have you attended?
California State University at Northridge and Cal Poly, San Luis Obispo, California
What degrees do you hold?
I have a bachelor's degree in Ornamental Horticulture (landscape design emphasis)
from Cal Poly
What additional training or education have you had that would apply to this position?
I have at/ended numerous seminars through the Urban Land Institute relating to
urban development: residential, commercial, mixed-use, industrial parks and
redevelopment.
2. Related EXDerience
What prior work experience have you had that would help you if you were appointed to
this position? .
I was employed by the City of Henderson, Nevada for 18 years (ending in 2006). I
was the City's Property Manager, directing nul only the sale, purchase, lease and
exchange of property for the acquisition of land for public facilities such as parks,
fire stations, etc., but also for City-initiated enterprise projects such as acquisition
and development of a 500 acre college campus, residential subdivisions, and an
industrial park. For the last 3+ years at the City, I was also manager of the City's
redevelopment program. I directed housing initiatives, farade improvement
programs, infrastructure enhancements to promote private sector investment,
downtown free WiFi, special events, creation of additional redevelopment areas
within the City, and negotiated development and disposition agreements. Through
each of these efforts I had extensive interaction with the public, citizen groups, the
planning commission, the city council, as well and state andfederal elected officials.
.
Having been involved in the planning and development process for a community
which was the fastest growing large city in the country for several years during the
mid-1990's, I know first hand what benefits and detriments growth brings to a
community; and the City of Henderson, where quality of life is a core value, ensured
through diligence and determination that growth not only paidfor growth. but that
the overall character of the city was enhanced by it.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Yes. Aside from learning the land use regulations of Ashland, it would be important to
have continued exposure to emerging concepts regarding livability, sustainability
.{economically, environmentally and socially}, transportation and parking,
neighborhood identity, affordable hOlLving, etc. .
3. Interests
Why are you applying for this position?
I feel I have amassed a valuable set of knowledge and skills through my 18 years of
experience in local government and at this point have the time and desire to use them
to assist the City of Ashland - and thereby contribute to the community that my family
now calls home.
I am also keenly aware that solutions that worked in one community ofien do not
work in another, and am committed to being open minded, receptive to diverse points
of view, deliberate, and willing to engage in informed debate to arrive at solutions.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. I can be flexible on times.
5. Additional InforIDatioD
How long have you lived in this community?
Our family have been visitors to this community for many years, bought our first
house here 3 years ago and have lived here since July 2006.
Please use the space below to summarize any additional qualifications you have for this
position.
I am a conscientiolLv, dedicated individual and apply myself to whatever endeavors I
undertake. I committed nearly 25 years to public service and place great value on
workingfor the benefit of the community w re I live. I hope I can be a positive
influence on the Commission and lookforw to the opportuniJ-!.o se1\'.
JAONJ-- II> ta?f3 -e,..( ~
Date Signature
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Sole Source Procurement greater than $75,000,
for a term of three (3) years - Dry Creek Landfill
July 21,2009 Primary Staff Contact: Michael Faught
Public Works, WWTP E-Mail: faughtm@ashland.or.us
Purchasing Secondary Contact: David Gies
Martha Benne Estimated Time: Consent
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Sole Source Procurement for
the disposal ofbiosolids, which are hauled daily from the WWTP to Dry Creek Landfill, for a term of
three years - July 1,2009 to June 30, 2012?
Staff Recommendation:
Staffrecommends that the public contract be awarded to Dry Creek Landfill.
Background:
Biosolids from the Wastewater Treatment Plant are required to be disposed of in a manner that meets
all federal and state regulations. The closest local approved disposal site for biosolids in the Rogue
Valley is Dry Creek Landfill. Biosolids are hauled daily to the landfill site for burial. Dry Creek
Landfill will accept the material at the current fee of$47.50 per ton through June 30, 2010. The
amount budgeted for fiscal year 2010 is $115,000.00.
The Wastewater Division is focused on efficient cost savings and will look to improve the consistency
in the biosolids drying process to ensure a drier product thereby reducing the weight and effectively
reducing the overall cost of disposing biosolids.
Related City Policies:
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;
11. The contract does not exceed a twenty-four month contract period;
111. 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.
Page lof2
_.111
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CITY OF
ASHLAND
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:
(I) 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 the goods or services are available from
only one source.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the contract recommendation or
decline to approve the contract recommendation.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to award the public contract to Dry
Creek Landfill.
Attachments:
Memo from Dry Creek Landfill
Page 2 of2
(
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,";.,.
PO Box 3187
Central Point OR 97502
541 7794161
Attention: Dry Creek LandfIll Direct Haul Customer
fax 541 7794366
Re: RATE INCREASE NOTIFICATION
The purpose of this announcement is to inform our direct haul customers of a rate increase at the
landfill. Effective July I, 2009, the new general disposal rate will be $47,50 per ton and the new
rate for asbestos disposal will be $60.00 per yard. The minimum charge per load of waste going
directly to the landfill will increase to $300 per load, As always, our rates and site use
requirements are subject to change in the future. Please lIote that.ifwe have tliven VOlt a Qltote
for a lob that is ollf!Oinf!. we will honor VOIll' lJI'ice throltf!holtt the completion of vour work.
The staff of Dry Creek Landfill, mc, wishes to thank you for you continued cooperation in our
effort to serve the community's solid waste nceds in a cost-effective manner.
Sincerely,
~
.
Lee Fortier, P.E.
General Manager
Dry Creek Landfill, Inc,
DCI
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Public Arts Commission
July 21,2009 Primary Staff Contact: Barbara Christensen
City Recorder E-Mail: christeb0lashland.or.us
Mayor's Offic Secondary Contact: Mayor Stromberg
Martha Benn Estimated Time: Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of Claire Baker to the Public Arts
Commission with a term to expire April 30, 20127
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment to the Public Arts Commission
on application received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.17.020
Council Options:
Approve or disapprove Mayor appointment of Claire Baker to the Public Arts Commission.
Potential Motions:
Motion to approve appointment of Claire Saker to the Public Arts Commission with a term to expire
April 30, 2012.
Attachments:
Application received
Page I of I
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CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorle at
City Hall, 20 E Main Street, or email christebliilashland.or.u,. If you have any questions, lJ;@
please feel tree to contact the City Recorder at 488-5307. Attach additional sheets . l1::g'l?r>
necessary. ./iJ; '.I Wl1::Ji!J
Name c: L-A I l2.E l3A )(..f=-rL- By,. ". 200g /!!/
Requesting to serve on: Pu f?>L-t C- ~ ~mmis~ommittee;""""""",,_,
Address (o~ 'PAf2...lL- ~1RB::T, AstlLANu, VrL C1 7S:d-O
Occupation !JOT f'~ErvTl.-1 El-\Pl..()'{FD"Phone: Home 4-Sz..-S320
/IV \-II( F'lEOLD- , ttNJE lZ) PI\'f2.:l"-'K~ ~ 320- "Slobf) CB-L
.JO(3,$ AN D t'.AASS~ Email 1D1\l~A~o.o(.CI:lYYl
Fax ~~~-832-S"
1. . Edncation Back2round .'
What schools have you attended? -Gec'X;to"""'t l..L1MVIQA$J-"1, Wo.~C'1\ -P,C.
-100, A, c.ol-\/'\, CVlLE6E, Ave A/J'PIl..lA,I/A
* What degrees do you hold? - COrLc.()f/-.A1'J S<:.Ttoo\.... of Ae.1', WI'6t\, .Dp.
\ - M>VIllONA;L- C-U'\::6E-S k\- VI/LCbINIA Cl)I-4HOkJlO8K.~
-lContllL- OOuEb'"E ,-SftWffi MONICA COl.-l..f1O€,-V~'-I\ 8<TbN510N-rlCBJ~
Cb"-lt-.l, CJ)L-Le6'E (pr."....-..tl>j <el'lrol~ ""f\,.. e"'fI"'si::' en ~u'-nH~prl+ ~l..~Sl"~)
What additional training or education have you had that would apply to this position?
~ sa:; A-"T17\C~D /2B';U~t: ANi) BIKu;~\J tJ \) /lJ ft) ~~M1 oM-
\{1WE" (?ITENS\V~ 1b~\J/JD (t-] 'iIS\JA;\- ~
2. Related EXDerience
What prior work experience have you had that would help you if you were appointed to
this position?
PL:E^"SE: S'E't A~i) - \ t-.4MJA~ED AN AfU GAcUEb{
IN wt\S-\l1NIOIDN ]).(1_ f'f2-.IOr2..- 'l) 1-'\'1' WOiUL It-] pt-\()"ftjOrz..Nl#'(
At< D t:t LM
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? \ WOUL\) MWA.Y.'S \N8..~~~
~ D~"O(LtVI'JIT'flO L..-1;;1\;t2..~
~ OF Pl.ij?,\":Ic... Ar2:r,
MOrZK - esf'B:JA\A'I II\) ~
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,
3. Interests
Why are you applying for this position?
I WOul-I) [...IIC-f' y:;, u)N~&iTE
0'-( f'F'Fbu<S 11> MA-~lVb A-st-h..M.lD A c'()l0TlrvvoVS
\J11?:>~1 ~ W~f-.\U/JIT'1'
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I A t-\. Fu=x I \3 1.."(; ,
I
I
5. Additionallnformation
How long have you lived in this community:? Sf N CE:' SE;)', 2.0010
(1wJ- ~ Iw~b~ Uveol ~'\l.. \..1M. ~ iV's 0-1--'\ Eo's
P1ease use the space below to summarize any additional qualifications you have for this
position
\ AA\J-E A-~\) <:01"1 G.5 OF tvl'-( (2..ESA.HA I?, Lf:;'Tn:-7Z..S
of f2.\=6t,}"'\/.A 8'.ll)A1, \) N Ml'D o-r\i8L 1)00 \l f-..l8-J 1::>
'FbL 'to\!(... CJ)NSI~D"I. I WILL AApP 11..'( P(2..Q)/ID\:
'-/0'0 L..()c..M.- fU'fu~L.ES, tJL ANS,W\:;VL.. A-N'(
Q,.lemoNS 'In\) 1vlA'{ I1-AV1;= ~INCo 0\(
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Date '1-~1 Utf1
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---------
Signature
rA'
CURRICULUM VITAE
R. Claire Baker
648 Park Street
Ashland, Oregon 97520
(541) 482-8320
Education: Georgctown University, Washington, D.C.
Northern Virginia Community College, Alexandria, Virginia
(AA Degree, Commercial Photography)
Professional Experience: More than 25 years of experience in all aspects of film and
television production, administration and management. All film and TV crcdits viewable on
www.imdb.com (International Movie Data Base). Additional experience in art department
coordination, large format photo studio managemcnt, and art gallery management.
Employment History:
'98-'06
'90-'98
Executive Assistant to Joel Schumacher (Film Director, Producer, Writcr)
I handlcd administrative and personal duties for Mr. Schumacher during thc
time he wrote and directed over eight feature films in domestic and
international locations. I managed his offices at Warner Bros. Studio and 20th
Century Fox Studios, in Los Angeles. I served as a liaison between Mr.
Schumacher, the studios, producers, crew and talent in preparation, script
coordination, casting, shooting and post-production for his films, and
maintained a vast variety of other responsibilities regularly regarding
production and business management. In addition, I wrote somc of his
personal and professional correspondence, did script coverage and analysis.
Was responsible for his schedulc, his extensive travel and publicity
requirements. I handlcd staffing for his home and his offices. I assisted in the
planning, building and decorating of his Santa Barbara home, and was
responsible for his social schedule, invitations, and premiere events.
Executive Assistant to Carroll O'Connor; (Actor, Producer, Writer)
I assisted Mr. O'Connor for five years of production on the one hour
television drama "In the Heat of the Night" for which he Was Executive
Producer, leading writer, and leading actor. "Heat" was filmed on location in
Covington, Georgia, and in Los Angeles. I served also as his personal
assistant after the series during which time he wrote and produced a
theatrical play in San Francisco, published his memoirs, appeared in other
film and television productions and did various public service announcements.
I traveled extensively with Mr. O'Connor and his family as they maintained
homes in Los Angeles, Malibu, Califomia; New York, Montana and Mexico.
Page two Curriculum Vitae, Claire Baker
Detailed Film and Television Credits:
2004 "Phantom ofthe Opera"
2003 "Veronica Guerin"
2002 "Phone Booth"
2002 "Bad Company"
2000 "Tigerland"
1999 "Flawless"
'90-'94 "In The Heat of the Night"
'90 "Hallo, Wie Gehts, Hollywood?"
"Hard to Kill"
'89 "Highway to Hell"
"Heart Condition"
tfTravellin'fl
'88 "UpWorld"
"Heathers"
"The Mighty Quinn"
'87 "Baja, Oklahoma"
"Laguna Heat"
"Pass The Ammo"
"Casual Sex"
'86 "Surrender"
"Number One With A Bullct"
"Open Your Heart"
'85 "Dangerously Close"
"To Live and Die in LA"
"The Hugga-Bunch"
Executi ve Assistant to Joel Schumacher
Executive Assistant to Joel Schumacher
Executive Assistant to Joel Schumacher
Executive Assistant to Joel Schumacher
Executive Assistant to Joel Schumacher
Executive Assistant to Joel Schumacher
Assistant to Mr. O'Connor for (5) seasons
(22) Episodes per scason
Production Manager, (3) 30 min. segments
(ORD Austrian Television)
Feature production-2nd Unit Script Supervisor
Feature production-Production Coordinator
Feature production-Production Coordinator
Television production- Production Coordinator
Fcaturc production-Production Coordinator
Feature production-Production Coordinator
Featurc production-2nd Unit Script Supervisor
HBO production-Production Coordinator
HBO production-Production Coordinator
Feature production-2nd Unit Script Supervisor
Feature production-On Sct Dresser, reshoots
Feature production-Production Coordinator
Feature production-Production Coordinator
Music Video-Madonna, Prop Masler
Feature production- Production Coordinator
Feature production-Location Assistant
Hallmark TV-Art Department Coordinator
Other experience: Additional film and television credits available for visual effects and art
department work. Early employment experience includes work at US Library of Congress;
US Geological Survey; Manager, Janus Gallery of Art, Washington D.C., and Studio
Manager and Stylist for commercial photographers in Washington D.C. area.
Reference contacts available unon request:
Joel Schumacher, Director
Barry Greenfield, Business Manager for Mr. Joel Schumacher
Ken Miles, former Business Manager for Mr. Carroll O'Connor
Bill Badalato, Producer
Dennis Murphy, Producer, Production Manager
Denise Nicholas, Actrcss, Writer
Joel Schumacher Productions
8 September 2006
To whom it may concern,
Claire Baker isa woman of exceptional grace professionally and personally. I
employed her as my Executive Assistant from May 1998 to January 2006.
Throughout that time, she executed a myriad of duties with distinction and
discretion. .
Claire was responsible for coordinating extensive international and domestic
travel. She handled publicity tours and maintained my schedule. Claire
contributed to the screening and hiring of all domestic help, and acted as liaison
for much of the work involved in constructing my Santa Barbara home. She also
coordinated numerous holiday parties at my home in Bel Air. She was always a
picture of courtesy and charm and has a delightful sense of humor.
cc: Barry Greenfield
Hollywood,Production Center
1149 N. Gower st. Suite 247 Los Angeles, CA 90038
Phone: (323) 785-2274 Fax: (323) 785-2275
DENISE NICHOLAS
9325, LongwoodAve.
Los Angeles, California 90019
February 27.2008
To Whom It May Concern:
For seven years, Claire Baker worked as a personal assistant to and office manager for
Carroll O'Connor. During that time, Mr. O'Connor was not only the staron the series "In tlle
Heat of The Night" with all those stresses, but he was also the Co-Executive Producer, :md the
leading writer, under the pseudonym Matt Harris. His schedule brought younger pcople to their
knees, but Claire kept up with him every step of tlle way, morning, noon and night, dealing with
the network, the actors with their catalogues of problems, the crew, the writers, the local
community. This she did with an evcn temper, intelligence, a healthy sense of humor and
magnificent diplomatic skills.
As an actress andwriter on the series, I had thc opportunity to work with Claire more
closely than others and found her professional, helpful, supportive, and intelligent- which, by
the way, were the characteristics Mr. O'Connor required in tllOse closest to him. Hewas
immensely intelligent, a man with a world view, a deep sense of right and wrong, a man of books.
musi~ and theatre. He did not suffer fools, was a taskmaster, a workaJ,1olic and a very productive
man right to the end of his life. To work with and for him, you had to keep up, have positive
energy and be as dedicated as he was.
Claire managed to juggle all of the demands of this very demanding man and situation
with steely resolve, smarts and humor, too. Not many possess that combination of skills all in
one.
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Actress/writer
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Earrh's Bigg~5r Movie DatabaseTlll
L~QQ > Claire Baker
Horn. I Top Movies I Photos I Independent Film I G.mtllt'~e I
searchlAII ~I. iiI\lmore
Not the.Clalre.Baker y'Qu'reJQoking]or?
SHOP CLAtRE BAKE
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1_______________
Claire Baker (I)
Master of Arts
in Education
. Currn:u1t.m8nd l'tsb'Ul:;1ion ~
C""P....rEdutllllon
.Curritulu","~.
En.ett IS. Second Lan;uaae
. ElrlW ChIldhood EduntlDn
. aemltnury T~.l:lMtr Educatiorl
. Sllcond.y T.,cher Education
. C"'.....co........ Spotl.'
Edl.6;ltion
(r::of~,
...... ..
-ONt/N!;-
advertisement
. board B c.Olltact III! ltet;llls
- ~.iog[.JlhY
-by_vQ!.~
. awards photos
- news articles
- mes'age board Filmography
Jump to filmography as: M.iscellaneous Crew, $JlLO.ec;orator
categorized
- byJyge
- bue..r
. pY.mtinlls
- by_vQ.t~_$
- by TV series
- awards
- ti~s_f.QL~ale
- b~.ge_nfl'n
-bY.~.YWQLd
- P.9.WLs~l;![ch
-f[e!!.it"-'t,,,l(h
- ty_s9he.d~!e
- blog["-Phy
- other works
- publicity
-~rttaqt
i.~f9Ln}~ti9D
- nhntn n::.lI~rv
. Miscellaneous Crew:
;mQQo 1. Th,,--PhaDlo/Il.Qfth_e_Opera (2004) (executive assistant: Mr.
.1i!1D> Schumacher)
JJ1!l!l> ... aka Andrew Lloyd Webber's The Phantom of the Opera
(USA promotional title)
2. YeroninGaGuerin (2003) (executive assistant: Mr.
Schumacher)
3. EhoQe.BoQ!b (2002) (assistant: Mr. Schumacher)
4. ~ad_<;o.rnJ,-al1Y (2002) (executive assistanl to director)
... aka Ceska spojka (Czech Republic)
5. Jigel!,!Ild (2000) (executive assistant to director)
... aka Tigerland (Germany)
6. FlaWless (1999) (executive assistant to director)
(uncredited)
7. Gj~e9_n (1999) (assistant: Mr. O'Connor)
8. In t.hel:leat.ofthejIJ.ig!1t. GJoy.<Old_A!9ng""ilhMe (1995)
(TV) (assistant: Mr. O'Connor)
hltp:llimdb.com/name/nm00483421
8/22/2007
Claire tlIucer VJ
resume
- news articles
- message board
- official sites
- miscellaneous
. photographs
. sound clips
- video clips
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Set Decorator:
1'age L. or j
9. Ll1the.!:le!!19ftb,,-Nig!!1:EjYJMx.BOUD9 (1995) (TV)
(assistant: Mr, O'Connor)
10. f:ligl:lv;~y.toJ::l!l1l (1992) (production coordinator)
11. MarKedJoJ..Qe_ath (1990) (script superviso~ second unit)
12. ""-G.1101De.NamecLGnoJrn (1990) (production coordinator)
... aka The Adventures of a Gnome Named Gnorm
... aka Upworld
... aka Upworld, the Magic Little Alien (Philippines: English
title)
13. !:l~r9JoJ~ill (1990) (script superviso~ second unit)
(uncredited)
.... aka Seven Year Storm
14. Hear:tCQndiliQn (1990) (production coordinator)
15. I:le;l{h.ers (1989) (production coordinator)
16. Ibe.Mighl}'.Ql!Jnn (1989) (script superviso~ second unit)
17. ea~s.JheAlTIll]Q (1988) (script superviso~ second unit)
18. :Jl1JheuH.eat.otlheJ'l.iQ.ht: (1988) TV Sene. (assistant to
executive producer) (unknown episodes) (assistant to
producer) (unknown episodes)
19. Baji!'pkl.aho.ma (1988) (TV) (production coordinator)
20. Li!guf\,,-J:!!1~ (1987) (TV) (production coordinator)
21. Surrender (1987) (production coordinator)
22. Numl:>eLQn~_'t!ith.<LBj.Jllet (1987) (production coordinator)
23. Pilnge[9l!sly.Qlp,Se (1986) (production coordinator)
... aka Campus '86 (USA)
... aka Choice Kill (USA)
1.::;a.!eJ:!Q~s.e (1998/1)
Additional Details
Genres: Prama / C.r:iIJ'le / 1Mlter I CJmJed~ mor.e
Plot Keywords:
STARmeter: 0
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:';.R; CLAIRE BAKER
Date of Birth: 7/25/55
c/o 236 N. Juanita Avenue
Los.Angeles; CA 90004
(213) 385-5041 for mes.ages
~75-7079 ~venings
Member: American Society of Magazine Photographers, Society of
Photographer and Artist Representatives
S~ngle, no children
Own car
EDUCATION
No. VirginiaComm. College, Alex.. VA
Georgetown University, Wash.. D. C...
A.A.,/CtimmerCial Phot()graphy
EXPERIENCE
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area~,0'f:"c9ri.centra tion:..
Engli'Sfi:~,.>Liti:!1Liture. Fine Arts
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7/83 to present
Freelance assiste.d followiii'g-phot.6graphers in
Washington, D. ,C"and New Ypi~: - .......,
John Bowden (~dl.to'rial, fash~ol1' personalities)
David Sharpe .(large format"'J?~.'oduct,advertising)
Mike Mitchell (corporate ,ant:ttial repOrts)
Fred Kligman (photo ill ustra'tiol1, people)
Steve Bteigman(pecple, phcico'-illustration)
Chris Valada(photo journalism): .
5/82 to 7183
Styl-ing
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:D1i"id Sharpe Studio, Alex., VA
':'i::':~~t.~tQ~jJ~;~"P:!'~~bOYMagaZine. .
. }.ii'fl.,j1PO;t!1l;op; Hecht Co.
. 'N~,.;.::'" Y.C.
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',.. Ga~lerYM~nH:~~}~\~~~\~;f$
Familiar with Nikon . Hasselblad';,P::F<""<"
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PUB:::~ T; :::~8 :~H~::T::::~tcir s Club .2-f~~~~'~~g.~;j~~~g~~~~h:'~'~toh;
. Award of Meritfor'pliOtography
Certificates of Award rece~ved for Best Commercial Portfolio. and Best
Single Image in No. Va. Comm. Co.llege' s Commercial Art Show '82
D..c:.
D. C.
Photographer's Forum Magazine, Honorable Mention in annual college
photo contest; portfo110 published in Nov. '82 issue
Washington Post Magazine, Oct. 11, '81 issue, Second place award for
black & white photography
REFERENCES. FURNISHED UPON REQUEST
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(202)293-3134
47'.\ I BerkeleyTerrace, NW
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An DirectorsClub of Metropolitan Washingron,Inc.
May 4, 1982
Claire Boyne
Congratulations! A distinguished jury of designers, art directors
and photographers have chosen yo~r solution in the
Photography: Hardware Retailing Magaz.ine CategClt'y
as an AWARD OF MERIT for the 1982 REAL SHOW sponsored by the Art
Directors Club of Metropolitan Washington.
The REAL SHOW is a competition for visual cCDllUnicatioml S1:l2dents
attending colleges and universities in the washingt~lal~e
area, Selection of winners is based on excellence of vi&!llill
concept and the interpretation of the problem.
Best wishes on your future career in the communications field.
~/)'~
Jane D 'Alelio
President
Be1:::1~~~
~/~~r-
Nancy Gleeson
Education Co-Chairpersons
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Photographers Forum.
Magazine
Certificate of Merit
2nd ANNUAL COLLEGE PHOTO CONTEST
1981
/lk' )A'
. Glen R. Serbin, Publisher
Photographer's Forum Magazine
--._~-----_._-----.- ----. -. -.---..-- -----.---,--- -..., ---....'.--..-.---..-_ ._ . ..__.n __._ ._____.__. .,..
.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.: \
Approval:
BP A Contract Clean up Amendments
July 21,2009 Primary Staff Contact:
Electric E-Mail:
Legal Secondary Contact:
Martha Benn Estimated Time:
Dick Wanderscheid
wandersd@ashland.or.us
Megan Thornton
Consent Agenda
Question:
Does Council want to authorize the City Administrator to execute the BP A Regional Dialogue
Contract Clean Up Amendments?
Staff Recommendation:
Staffrecommends that the Council authorize the City Administrator to execute the Clean Up Contract
Amendments to the City's 20-year Power Purchase Contract with BPA.
Background:
On November 4,2008 the City Council authorized the City Administrator to execute a new 20-year
Power Sales Contract with the Bonneville Power Administration (BP A). This contract becomes
effective on October I, 20 11, replacing our existing contract which expires on September 30, 2011.
Just prior to offering these agreements, during the signing period and in the period just after contract
signing, both customers and BPA identified some small revisions to the contract language that would
clarify or clean up the agreements.
Because the parties executed the contracts before December I, 2008, further changes need to be done
by amendments.
These change are all designed to correct misspellings, fix incorrect section cross-references, correct
factual inaccuracies and correct ambiguities or material errors. None of the changes are substantive in
nature. BP A and Public Power worked jointly together to identify and draft correction language. None
of the revisions to the language change the original deal of the Agreements. These amendments need
to be executed by the City and returned to BPA by September 2009.
Related City Policies:
N/A
Council Options:
1) Execute the Amendments
2) Decline to execute the Amendments
Potential Motions:
Move to authorize the City Administrator to execute the Clean Up Amendments to the 20-year
BP A Regional Dialogue Power Sales contract
Attachments:
Clean Up Amendment Document
Page I of I
r~'
FOR DISCUSSION PURPOSES ONLY
, ,
Amendment No.1
Contract No. 09PB-13002
DRAFT 06/29/09
AMENDMENT
executed by the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND, OREGON
This Amendment to the Power Sales Agreement Contract No. 09PB-li3002
(Agreement) is executed by the UNITED STATES OF AMERICA, Department of Energy,
acting by and through the BONNEVILLE POWER ADMINISTRATION (BPA) and THE
CITY OF ASHLAND, OREGON (Ashland).
This Amendment No.1 (Amendment) modifies the Agreement to revise definitions to
be consistent with the final Tiered Rate Methodology, and make other changes agreed upon
by the Parties.
BPA and Ashland agree:
1. EFFECTIVE DATE
This Amendment shall take effect on the date executed by the Parties (Effective
Date).
2. AMENDMENTS TO BODY OF AGREEMENT
(a) Section 2, Definitions
(1) Section 2.2 shall be deleted and replaced by the following:
"2.2 "7(i) Process" means a public process conducted, pursuant to
section 7(i) ofthe Northwest Power Act or its successor, by BP A
to establish rates for the sale of power and other products."
(2) Section 2.3 shall be deleted and replaced by the following:
"2.3 "Above-RHWM Load" means the forecast annual Total Retail
Load, less Existing Resources, NLSLs, and the customer's
RHWM, as determined in the RHWM Process. For the
Transition Period (as defined in the TRM), Above-RHWM Load
will be established as described in section 4.3.2.2 of the TRM."
FOR DISCUSSION PURPOSES ONLY
, ,
(3) Section 2.8 shall be deleted and replaced by the following:
"2.8 "Business Day(s)" means every Monday through Friday
except Federal holidays."
(4) Section 2.17 shall be deleted and replaced by the following:
"2.17 "Diurnal Flattening Service" or "DFS" means a service that
makes a resource that is variable or intermittent, or that
portion of such resource that is variable or intermittent,
equivalent to a resource that is flat within each
Monthly/Diurnal period, as defined in the TRM."
(5) Section 2.29 shall be deleted and replaced by the following:
"2.29 "Forced Outage Reserve Service" or "FORS" means a
service that provides an agreed-to amount of capacity and
energy to load during the forced outages of a qualif'ying
"
resource.
(6) Section 2.82 shall be deleted and replaced by the following:
"2.82 "Transmission Curtailment Management Service" or
"TCMS" means the service BPA will provide to customers with
a qualifying resource when a transmission curtailment occurs
between such resource and the customer load."
(b) Section 3.5.8, PURPA Resources
Section 3.5.8 shall be deleted and replaced with the following:
"If Ashland is required by the Public Utility Regulatory Policies Act (PURPA)
to acquire output from a Generating Resource and plans to use that output to
serve its Total Retail Load, then such output shall be added as a Specified
Resource pursuant to Exhibit A. Ashland shall purchase DFS from BPA (or
equivalent service if DFS is unavailable) to support such resources for the
term of this Agreement."
(c) Section 3.6, Consumer-Owned Resources
Section 3.6 shall be deleted and replaced with the following:
"Except for any Consumer-Owned Resources serving an NLSL, which
Ashland has applied to load consistent with section 23.3.7, Ashland shall
apply the output of the Consumer-Owned Resources as follows:"
(d) Section 3.6.3, Application of Consumer-Owned Resources Serving
Onsite Consumer Load ' .
Section 3.6.3 shall be deleted and replaced with the following:
Amendment No.1, 09PB-] ::;002, Ashland
2
DRAFT 06/29/09
FORD~C~~ONPURPO~SONLY
"Power generated from Consumer-Owned Resources listed in section 7.1 of
Exhibit A shall serve the Onsite Consumer Load. Ashland shall receive no
compensation from BPA for excess power generated on any hour from such
resources."
(e) Section 6.6,2, Rate Period High Water Mark Calculation
The definition of the sum of CHWM (ECHWM) in section 6.6.2 shall be
deleted and replaced with the following: /
"ECHWM= sum of all Publics' (as defined in the TRM) Contract High Water
Marks, including those for Publics without a CHWM Contract"
(I) Section 7.1, Contract High Water Mark (CHWM)
BPA shall establish Ashland's CHWM in the manner defined in section 4.1 of
the TRM. Ashland's CHWM and the circumstances under which it can
change are stated in Exhibit B.
(g) Section 9,1, Determination and Notice to Serve Above-RHWM Load
Section 9.1 shall be deleted and replaced with the following:
"Ashland shall determine and provide notice, as described below, to BPA
whether Ashland shall serve its Above-RHWM Load that is greater than or
equal to 8,760 megawatt-hours with either: (1) Firm Requirements Power
purchased from BPA at a Tier 2 Rate or rates, (2) Dedicated Resources, or
(3) a specific combination of both (1) and (2). Ashland may also provide notice
to BPA that it shall use a Dedicated Resource to serve Above-RHWM Load
that is less than 8,760 MWh. Ashland shall make such determination and
provide such notice as follows:"
(h) Section 10, Tier 2 Remarketing and Resource Removal
The following paragraph shall be added to the beginning of section 10:
"For the purpose ofthis section 10, any Dedicated Resources added to Exhibit
A pursuant to section 3.5.3 or 3.5.7 do not have temporary resource removal
or remarketing rights under this section. In addition, any Dedicated
Resource amounts or amounts purchased at a Tier 2 Rate that would
otherwise be made eligible for removal or remarketing due to the addition of
resources under section 3.5.3 do not have temporary resource removal or
remarketing rights under this section."
(i) Section lOA, Remarketing of Power Priced at Tier 2 Rates
Section 10.4 and its heading shall be deleted and replaced with the following:
"10.4 Remarketing of Power
Consistent with rates established under the TRM, Ashland shall be
subject to applicable charges or credits associated with BPA's
remarketing of purchase amounts of Firm Requirements Power at
Tier 2 Rates. Except as specified in section 10.5, Ashland shall be
Amendment No.1. 09PB.13002, Ashland
3
DRAFT 06/29109
FOR DISCUSSION PURPOSES ONLY
responsible for remarketing of any amounts of its Dedicated
Resources, Specified or Unspecified, that are removed or reduced
pursuant to this Agreement."
/
(j) Section 14.6.1, Ancillary Services
Section 14.6.1(2) shall be deleted and replaced by the following:
"(2) BPA shall pay for the Ancillary Service(s) charge.d by a Third-Party
'Transmission Provider to deliver Firm Requirements Power to the
PODs listed in Exhibit E, only if Ashland is also purchasing such
Ancillary Service(s) from Transmission Services to deliver Firm
Requirements Power to the PODs in Exhibit E. If at any time
Ashland is not purchasing Ancillary Service(s) from Transmission
Services to deliver Firm Requirements Power to one or more of the
PODs listed in Exhibit E, then Ashland shall pay Power Services for
the Ancillary Service(s) charges to deliver power to such POD(s), at
the applicable or equivalent Transmission Services Ancillary Services
rate, in accordance with any applicable BPA Wholesale Power Rate
Schedules or GRSPs." .
(k) Section 18.2.2, Reporting Requirements
The first paragraph of section 18.2.2 shall be deleted and replaced by the
following:
"This section 18.2.2 does not apply if Ashland's Total Retail Load from the
most recent prior Fiscal Year is 25 annual Average Megawatts or less or if
Ashland purchases all of its power from BP A to serve its Total Retail Load. If
Ashland's Total Retail Load from the most recent prior Fiscal Year is above
25 annual Average Megawatts, the following requirements may be satisfied
by submitting plans and reports Ashland prepares in the normal course of
business as long as such plans and reports include the information required
below."
(1) Section 22,1, Judicial Resolution
The last sentence of section 22.1 shall be deleted and replaced by the
following:
"If BP A determines that a dispute is excluded from nonbinding arbitration
under this section 22, then Ashland may apply to the federal court having
jurisdiction for an order determining whether such dispute is subject to
nonbinding arbitration under this section 22."
(m) Section 23.3.1, Determination of an NLSL
Section 23.3.1.3 shall be deleted and replaced by the following:
"23.3.1.3 The Parties may agree that the applicable increase in load of
installed production equipment at a facility will equal or exceed
ten Average Megawatts consumption over any 12 consecutive
months and that such production load shall constitute an NLSL.
Amendment No.1, 09PB-1a002, Ashland
4
DRAFT 06/29/09
FORD~C~~ONP~PO~SONLY
Any such agreement shall constitute a binding NLSL
determination."
(n) Section 23.3.5, Undetermined NLSLs
The second paragraph of section 23.3.5 shall be deleted and replaced by the
following:
"IfBPA concludes in its sole judgment that Ashland has not fulfilled its
obligations, or has not been able to obtain access or information from the end-
use consumer under sections 23.3.3 and 23.3.4, BPA may determine any load
subject to NLSL monitoring to be an NLSL, in which case Ashland shall be
billed and pay in accordance with the last two sentences of the preceding
paragraph. Such NLSL determination shall be final unless Ashland proves
to BPA's satisfaction that the applicable increase in load did not equal or
exceed ten Average Megawatts in any 12-month monitoring period."
(0) Section 23,3,6, Service Election for an NLSL
Section 23.3.6 shall be deleted and replaced by the following:
"Before the Parties add an NLSL to ExhibitD, Ashland shall elect, in
writing, to:
(1) have BPA serve the NLSL at the NR rate; or
(2) serve the NLSL by adding a Dedicated Resource to Exhibit A that is
not already being used to serve Ashland's firm consumer load in the
regIOn.
This election shall be binding on Ashland for the remaining term of this
Agreement."
3. EXHIBIT REVISIONS
(a) Exhibit C, Section 2.2.4.3, Obligation to Apply Dedicated Resources
Section 2.2.4.3 of Exhibit C shall be deleted and replaced by the following:
"If Ashland provides notice to modify its purchases at Tier 2 Load Growth
Rates under section 2.2.4.1 of this exhibit, then for the remainder of the
effective Purchase Period and all of the next Purchase Period, Ashland shall
apply Dedicated Resources to serve all of its Above-RHWM Load that is in
excess of the sum of all Tier 2 commitments,"
(b) Exhibit C, Section 2.4.1.I(2)
The title of the table in section 2.4.1.1(2) of Exhibit C shall be deleted and
replaced by the following:
"Purchase Period Dedicated Resource Elections"
Amendment No.1, 09PB-lil002, Ashland
5
DRAFT 06/29/09
FOR DISCUSSION PURPOSES ONL Y
, ,
(c) Exhibit D, Section 2, Resource Support Services
Section 2 of Exhibit D shall be deleted and replaced with the following:
"2. RESOURCE SUPPORT SERVICES
2.1 BPA shall develop the RSS products to support applicable
Specified Resources listed in section 2 of Exhibit A for the
FY 2012 through 2014 Purchase Period and offer such as a
revision to this exhibit by August 1, 2009 and by August 1 prior
to each Notice Deadline thereafter. Prior to that date, BPA
shall provide Ashland a reasonable opportunity to provide
input into the development of the products and the related
contract provisions. By the November 1, 2009 Notice Deadline
and each Notice Deadline thereafter, Ashland shall notify BP A
in writing of any RSS products it elects to buy from BPA under
the terms of this Agreement and shall identify the applicable
resource(s), for which it shall purchase the RSS product(s) for
the upcoming purchase period. Such election shall be a binding
commitment of both Parties. If Ashland makes such election,
the Parties shall revise this exhibit so that it incorporates the
agreed changes to applicable provisions, including the
applicable resource amounts, ifknown, by March 31, 2010 or by
March 31 of the year following the Notice Deadline for future
years. By September 30 of the last Rate Case Year prior to the
first Rate Period when service begins, and by each applicable
September 30 thereafter in accordance with the applicable
incorporated contract language, BPA shall update the relevant
tables included in the incorporated contract language with the
applicable charges and any necessary updates to resource
amounts.
2.2 If Ashland adds a new Specified Resource within a Purchase
Period to meet its obligations to serve Above-RHWM Load with
Dedicated Resources, consistent with section 3.5.1 ofthe body
of this Agreement, Ashland may purchase DFS or FORS to
support such resource. Asb land shall request a copy of the
then-current DFS or FORS standard contract provisions from
BPA and shall notify BPA in writing by October 31 of a Rate
Case Year that it elects to purchase DFS or FORS for the new
Specified Resource under the terms stated in the then-current
contract provisions and the terms of this section 2.2. Such
election shall be a binding commitment of both Parties. The
elected DFS or FORS will be effective at the start of the
upcoming Rate Period. The duration of such purchase shall be
for the remainder of the Purchase Period and for the following
Purchase Period. If Ashland makes such election, the Parties
shall revise this exhibit by March 31 of the calendar year after
Ashland has given notice of its election. Such revision shall
incorporate the agreed changes to applicable provisions,
Amendment No.1, 09PB-la002, Ashland
6
DRAFT 06/29/09
FOR DISCUSSION PURPOSES ONL Y
including the applicable resource amounts, if known. By
September 30 of the last Rate Case Year prior to the first Rate
Period when service begins, and by each applicable September
30 thereafter, in accordance with the applicable incorporated
contract language, BPA shall update the relevant tables
included in the incorporated contract language with the
applicable charges and any necessary updates to resource
amounts."
Drarl.er:~ Note: The following placeholder is for the optional Public Exchange
Clarification provision that is being offered to custo/llers. A. separate public process
was conducted on this issue: consequently, BPA will release the final Public Exchange
Clarification language when the Record of Decision is signed and released. I3PA
expects to release the final NOD and contract langu.age in late June, 2009.
(<elf>>) Public Exchange Clarification Placeholder
(d) Exhibit H, Section 4, Tier 2 RECS
Section 4 of Exhibit H shall be deleted and replaced by the following:
"4. TIER 2 RECS
If Ashland chooses to purchase Firm Requirements Power at a Tier 2
Rate, and there are RECs which BPA has determined are associated
with the resources whose costs are allocated to the Tier 2 Cost Pool for
such rate, then beginning April 15 of the year immediately following
the first Fiscal Year in which Ashland's Tier 2 purchase obligation
commences, and by April 15 every year thereafter for the duration of
Ashland's Tier 2 purchase obligation, BPA shall, based on Ashland's
election pursuant to section 5 of this exhibit, transfer to or manage for
Ashland a pro rata share of applicable Tier 2 RECs generated during
the previous calendar year. BP A shall, for transferred RECs, provide
Ashland with a letter assigning title of such Tier 2 RECs to Ashland.
The pro rata share of Tier 2 RECs BPA transfers to Ashland shall be
the ratio of Ashland's amount of power purchased at the applicable
Tier 2 Rate to the total amount of purchases under that Tier 2 Rate."
Amendment No.1, 09PB-1a002, Ashland
7
DRAFT 06/29/09
FORD~C~~ONPURPO~SONLY
" . .
4. SIGNATURES
The signatories represent that they are authorized to enter into this Amendment on
behalf of the Party for which they sign.
THE CITY OF ASHLAND, OREGON
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
By
Name Martha Bennett
(Pri1lt/Type)
Name
(PriTlt/Type)
Title
City Administrator
Title
,/
Date
Date
(PSW - W:\Power\Contract\Customer\Ashland\ 13002\ 13002_Amendment No. 1_20090629_Draft Final.DOC)
Amendment No.1. 09PB-13002, Ashland
8
DRAFT 06/29/09
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Environmentally Preferred Power Contract Amendment
July 21,2009 Primary Staff Contact: Dick Wanderscheid
Electric E-Mail: wandersd@ashland.or.us
Legal Secondary Contact: Megan Thornton
Martha Benn Estimated Time: Consent Agenda
Question:
Does the City Council want to authorize the City Administrator to execute amendments to Exhibit A of
the City's existing Power Sales Contract with the Bonneville Power Administration?
Staff Recommendation:
Staffrecommends that the Council authorize the City Administrator to execute the Environmentally
Preferred Power Contract Amendment to the existing BP A Power Sales contract.
Background:
The City of Ashland has been purchasing Environmentally Preferred Power (EPP) since 2001. In
June, 2009, the Council decided to continue the purchase of laMW ofEPP for Federal Fiscal Years
2010 and 2011.
The Renewable Energy Certificates (REC's) for this power have been banked by the Bonneville Power
Administration (BPSA) in a WREGIS Ashland sub-account since 2008. These REC's can be
transferred, exported, sold or retired to meet future Renewable Portfolio Standards (APS)
requirements.
BP A is now offering an amendment to Exhibit A of our existing IO-year subscription Power Sales
Agreement.
This exhibit revision:
(I) Replaces section 4(b) Environmentally Preferred Power.
(2) Clarifies the Parties' obligations with regard to a WREGIS sub-account that BPA will manage on
the City's behalf.
(3) Incorporates provisions regarding the WREGIS sub-account terms, conditions and associated fees.
(4) Binds the Parties to BPA's executed Agreement with WREGIS, known as the WREGIS Terms of
Use (WREGIS TOU).
In order to continue to purchase EPP from BPA in 2010 & 2011 and also have BPA create a new
WREGIS sub-account & bank the REC's on Ashland's behalf, the contract amendment must be
executed by September-30, 2009, 12 noon by the City.
Related City Policies:
The City's Comprehensive Plan; the Valdez Principles, and numerous City Council & City
Commission goals support the use ofrenewable energy.
Page I of2
~.l'
CITY OF
ASHLAND
Council Options:
,
I) Authorize the City Administrator to execute the Environmentally Preferred Power Exhibit A
Contract Amendment to the City's Power Sales contract with BPA.
2) Decline the Contract Amendment offer.
Potential Motions:
Move to authorize the City Administrator to execute the Environmentally Preferred Power contract
Amendment to the existing BP A Power Sales contract.
Attachments:
Contract Amendment
Page 2 of2
r~'
DRAFT
Revision No.6, Exhibit A
RATE COMMITMENTS
Effective October 1,2009
This exhibit revision: (1) replaces section 4(b) Environmentally Preferred Power,
(2) clarifies the Parties' obligations with regard to a WREGlS sub.account that BPA will
manage on Ashland's behalf, (3) incorporates provisions regarding the WREGlS sub-
account terms, conditions and associated fees, and (4) binds the Parties to BPA's executed
Agreement with WREGIS, known as the WREGIS Terms of Use (WREGIS TOU).
1. DEFINITIONS
(a) "5-Year Rates" means the Lowest PF Rates established in the
2002 Wholesale Power Rate Case for Contract Years 2002 through 2006.
(b) "Lowest PF Rates" means the lowest applicable cost. based power rates
provided under the applicable PF rate schedule as applied to Ashland's
Contracted Power purchases under this Agreement. The Lowest PF Rates
shall be selected by Ashland from the PF rates that are available and from
which the Parties agree Ashland is eligible to purchase under at the time
Ashland makes its selection as specified in this exhibit.
r
2.
PURCHASE DURATION
Ashland shall purchase all of the power provided in section 4 of the body of this
Agreement for the entire term of this Agreement.
3. PRIORITY FIRM POWER RATE TREATMENT
(a) Right to Lowest PF Rates
Ashland is contractually guaranteed through September 30, 2011, the
Lowest PF Rates established in a successor BPA power rates proceeding for
its PF Contracted Power purchases under this Agreement. This section shall
not be co'nstrued to waive, alter, or amend any right that Ashland may have
under applicable statutes.
(b) Revisions to Priority Firm Power Rates
BPA agrees that the 5-Year Rates available to Ashland consistent with this
exhibit shall not be subject to revision during their respective terms, except
for the application of a Cost Recovery Adjustment Clause or a Targeted
Adjustment Charge as provided in the PF applicable rates schedules and
GRSPs and this Agreement.
--..
(c) 5-Year Rates Treatment
All Contracted Power purchases provided under section 4 of the body of this
Agreement are subject to the 5-Year Rates. The monthly energy rates for
Contracted Power are specified in sections II.B1 and II.B2 in the section
OOPB-12008, Ashland
1 of 8
DRAFT
labeled "Schedule PF.02 Priority Firm Power" in the 2002 Power Rate
Schedules.
Ashland must select a follow-on rate period and associated rates from those
offered by BP A, and notify PBL of its selection, by the later of:
(1) six months prior to the expiration of the 5-Year Rates; or
(2) thirty (30) days after the date BPA's initial proposal for successor
rates is published.
Otherwise the follow.on rate period and associated rates shall be the shortest
rate period and associated rates that are applicable to Ashland.
(d) Cost-Based Indexed PF Rate and Flexible PF Rate Option
None.
4. SPECIAL PF LOAD TREATMENT
(a) Annexed Loads
Ashland may make a written request for service to Annexed Loads, including
a planned date for such service_ Annexed Load amounts that were served by
PBL under section 5(b) of the Northwest Power Act immediately prior to
becoming an Annexed Load will be provided service under rates, terms, and
conditions that, within the constraints of BPA's applicable policies, are as
comparable as possible to what such Annexed Load would have received if
the load had not become an Annexed Load. The Parties shall revise this
exhibit within 180 days of the request, to establish the rates, terms and
conditions for the requested service and to include monthly HLH and
LLH MWs in a table below. The table shall identify whether the amounts in
the table are deemed to be actual for billing purposes or whether the table is
an estimate with bills based on metered amounts.
(b) Environmentally Preferred Power (EPP)
(1) Definitions
(A) "Environmental Attribute(s)" means the current or future
credits, benefits, emission reductions, offsets and allowances
attributable to the generation of energy from a resource used
to supply EPP. Environmental Attributes do not include the
tax credits associated with such resource. One megawatt-hour
of energy generation from an EPP resource is associated with
one megawatt. hour of Environmental Attributes.
(B) "Environmentally Preferred Power" or "EPP" means power
deemed to be generated by one or more of the resources listed
OOPB.1200B, Ashland
Revision No.6, Exhibit A, Rate Commitments
20fB
DRAFT
in section 4(b)(3) below. EPP includes the associated
Environmental Attributes from such resources.
(C) "Renewable Energy Certificates" or "RECs" means the'
certificates, documentation, or other evidence that
demonstrates the ownership of Environmental Attributes.
(D) "Retire" or "Retirement" means an action taken to remove a
REC from circulation within Western Renewable Energy
Generation Information System (WREGIS).
(2) Ashland's EPP
BPA shall sell and Ashland shall purchase for Contract Years 2010
through 2011 (October 1, 2009 through September 30, 2011), the EPP
amounts listed in the table below. For all EPP amounts listed in the
table below, Ashland shall pay a Green Energy Premium in the
amount of $10.50 per megawatt-hour.
Contract Year aMW
2010 1
2011 1
The Green Energy Premium shall qualify as an eligible expenditure
under the Renewables Option of the Conservation Rate Credit (CRC)
and Conservation Acquisition Agreement (CM) Implementation
Manual, or its successor, through Contract Year 2011, and will be
reflected as a separate line item on Ashland's monthly power bill.
(3) BPA's EPP and REC Inventory
BPA deems it's EPP, and the associated RECs, to be generated by one
or more of the following resources: Condon, Foote Creek I, Foote
Creek II, Klondike I, Klondike III, and Stateline wind projects.
BP A may add, replace, or remove resources on this list if such
resources are no longer available to BP A. Any such changes shall be
noted in the Contract Year and calendar year disclosures BPA
provides to Ashland as required in sections 4(b)(5) and 4(b)(6) below.
Any resource BP A adds to the list above shall qualify as a renewable
resource under the Renewables Option of the CRC and Conservation
Acquisition Agreement (CM) Implementation Manual, or its
successor.
OOPB.12008, Ashland
Revision No.6, Exhibit A, Rate Commitments
30f8
DRAFT
(4) Ashland's WREGIS Sub-Account
(A) WREGIS and Terms and Conditions of Sub-Account
For those resources listed in section 4(b)(3) above that have
registered with WREGIS, BPA shall use WREGIS to track and
transfer the RECs associated with Ashland's EPP purchase.
Within BPA's own WREGIS account, BPA shall establish a
sub-account in the name of Ashland. BPA shall provide
Ashland read.only access to its sub.account.
BP A shall use such sub. account solely for the purpose of
reserving and Retiring RECs that Ashland receives from BPA.
Ashland gives its consent to be bound by the terms stated in
the WREGIS Account Holder Registration Agreement, also
referred to as the WREGIS Terms of Use (WREGIS TaU)
Agreement, Contract No. 08PB-11957, executed by BPA and
including any revisions. BPA shall make the executed
WREGIS TaU Agreement available to Ashland at the
following publicly accessible website:
http://www . bpa.gov/corpora te/windpower/index.cfm.
(B) Transfer of RECs to Ashland's Sub-Account
BPA shall transfer to Ashland's WREGIS sub.account any
RECs associated with EPP purchased by Ashland during the
preceding calendar year. Such transfer shall occur by April 15,
2011 and April 15, 2012, or upon termination of Ashland's
WREGIS sub-account, pursuant to section 4(b)(4)(E) below.
Any RECs BPA transfers to Ashland shall be limited to those
available to BPA through WREGIS, and at least 75 percent of
such RECs shall be comprised of a blend of RECs generated by
projects located in Oregon and Washington. IfBPA adds,
replaces, or removes a resource from the list in section 4(b)(3)
above, then BPA may adjust this percentage accordingly. BPA
shall notify Ashland of any such changes in the Contract Year
and calendar year EPP disclosures, pursuant to section 4(b)(5)
below.
(C) Resale, Purchase, and Retirement of RECs
If Ashland wants to sell RECs received from BPA outside of its
service territory, or purchase RECs other than those RECs it
receives from BPA, Ashland shall terminate its sub.account
pursuant to section 4(b)(4)(E) below, and establish its own
WREGIS account for those purposes.
OOPB-12008, Ashland
Revision No.6, Exhibit A, Rate Commitments
40f8
DRAFT
BPA shall Retire Ashland's RECs on its behalf upon receipt of
written notice from Ashland. In such notice, for the RECs
Ashland wants BPA to Retire, Ashland shall identify REC
quantity; the name of the renewable project(s) which generated
the RECs; and, the month and year the RECs were generated
by the project(s). Ashland shall pay Retirement fees consistent
with section 4(b)(4)(D) below.
(D) WREGIS Fees
BPA shall pay any fees associated with establishing Ashland's
sub.account and any fees associated with the transfer of RECs
into Ashland's WREGIS sub-account. Ashland shall reimburse
BPA for all other fees associated with Ashland's WREGIS sub.
account, including but not limited to, REC Retirement fees.
Such reimbursement shall be effectuated through a charge on
Ashland's power bill pursuant to section 10 of this Agreement.
If applicable, Ashland shall pay all fees associated with
establishment of its own WREGIS account.
(E) Termination of Ashland's Sub-Account
Either Party may terminate Ashland's WREGIS sub.account
after providing 30 days' advance written notice to the other
Party.
However, BPA shall not terminate Ashland's WREGIS sub-
account until: (i) Ashland has established its own WREGIS
account and BPA has received written notice from Ashland to
transfer 100 percent of Ashland's RECs into Ashland's own
WREGIS account, or (ii) BPA has provided all RECs due to
Ashland for the previous calendar year under section 4(b)(4),
and BPA has received written notification from Ashland to
Retire 100 percent of Ashland's RECs contained in Ashland's
WREGIS sub. account. Ashland may not have both a WREGIS
account and a WREGIS sub-account open at the same time.
Consistent with section 4(b)(4)(D), Ashland shall be
responsible for all WREGIS fees incurred pursuant to
termination of its sub. account.
(F) Termination of Current Sub-Account Agreement
BPA and Ashland agree to terminate the WREGIS Sub-
Account Agreement, Contract No. 08PB.] 19!)2, effective on the
date both Parties signed this Revision No. G to Exhibit A
OOPB-12008, Ashland
Revision No.6, Exhibit A, Rate Commitments
50f8
DRAFT
(5) Contract Year and Calendar Year Disclosures
By no later than November 30, 2010, and November 30,2011, BPA
shall provide Ashland with a record of the EPP monthly amounts, by
resource, and associated RECs purchased by Ashland the previous
Contract Year, consistent with the amounts of EPP listed in
section 4(b)(2) above.
By the following April 15, BPA shall provide Ashland with a calendar
year EPPIREC disclosure that includes a record of the EPP monthly
amounts, by resource, and associated RECs purchased by Ashland for
the previous calendar year. In such disclosure, if applicable, BPA
shall notify Ashland of any WREGIS-related changes from the
previous calendar year that may impact Ashland.
(6) For Resources Not Registered with WREGIS
If, pursuant to section 4(b)(5), BPA transfers RECs to Ashland from a
resource listed in section 4(b)(3) that is not registered with WREGIS,
then BP A shall, by no later than the following April 15, provide
Ash land with the following: (A) a record of the monthly amounts of
EPP that BPA provided to Ashland by each renewable resource not
listed with WREGIS for the previous calendar year; and
(B) renewable resource generator and wholesaler attestations that
provide Ashland proof of title to all the Environmental Attributes
associated with Ashland's EPP purchase.
(7) Deficit of EPP and RECs
If the EPP amounts reported to Ashland during a Contract Year,
pursuant to sections 4(b)(5) and 4(b)(6), are less than the amounts
specified in section 4(b)(2) above, the difference shall be determined to
have been served by BPA with Contracted Power under the terms of
this Agreement. BP A shall pay Ashland the value of its share of the
difference ofRECs at $10.50 per MWh. BPA shall credit Ashland's
power bill accordingly on its December ~ill issued in January.
(8) Availability ofEPP After Expiration of This Agreement
For Contract Years 2012 through 2016, Ashland shall have the right
to purchase an amount of RECs equal to the lesser of: (A) the average
of Ashland's EPP purchases for Contract Years 2010 through 2011
listed in section 4(b)(2) above as of October I, 2009, or (B) the amount
of EPP Ashland actually purchases over Contract Years 2010 through
2011, accounting for purchase reductions Ashland may make
pursuant to section 4(b)(9) below. Subject to inventory availability,
Ashland may purchase an additional amount of RECs up to
30 percent of the lesser of the amounts in sections 4(b)(8)(A) or
4(b)(8)(B) above. The sale of such RECs pursuant to this
OOPB.12008, Ashland
Revision No.6, Exhibit A, Rate Commitments
60f8
, ,
DRAFT
section 4(b)(8) shall be completed under a separate agreement. BPA
shall establish the price for such RECs by no later than May 16, 2011.
If Ashland chooses to exercise its right to purchase RECs for Contract
Years 2012 through 2016, it shall provide BPA written notice on or
before July 15, 2011. Such notice shall specify the amount of RECs
Ashland shall purchase, subject to inventory, for each Contract Year
2012 through 2016
(9) Adjustment to EPP Purchase Amount When Renewable Claims
Exceed CRC Funding Levels
For Contract Year 2011, if the cap on renewable funding requests
under the Renewables Option of the CRC is reached and results in a
'pro rata redu'ction to renewable rate credit funding requests, and
Ashland claims this EPP purchase as a renewable energy expense
under the CRC, then Ashland may reduce its EPP purchase by a
commensurate amount to account for the pro rata reduction.
By August 1, 2010, BPA shall notify Ashland of the amount (if any) of
pro rata reduction to Ashland's renewable funding request. By
August 15, 2010, Ashland shall provide BPA with a notice exercising
its option to reduce Ashland's EPP purchase subject to the pro rata
reduction. The Parties shall revise section 4(b)(2) to reflect any such
red uction.
(c) Returned Retail Load
Ashland may request service from PBL to serve Returned Retail Load. The
Parties shall revise this exhibit to establish monthly HLH and LLH MWs for
such service in a table below. The table shall identify whether the amounts
in the table are deemed to be actual for billing purposes or whether the table
is an estimate with bills based on metered amounts. PBL shall provide
. service within 180 days of the request at rates BPA has established or
establishes as applicable to such loads. The rate treatment for such loads
shall continue through Contract Year 2006. Rate treatment after Contract
Year 2006 shall be determined in a future rate case.
(d) Load Previously Served By Ashland Northwest Power Act Sections
5(b)(I)(A) and/or 5(b)(1)(B) Resources
Ashland may request service from PBL to serve load that would otherwise be
served by Ashland's Northwest Power Act sections 5(b)(I)(A) resources and
5(b)(I)(B) generating resources and long. term contract resources that are
removed consistent with section 4(d) of Exhibit C, Net Requirements. The
Parties shall revise this exhibit to establish monthly HLH and LLH MWs for
such service in a table below. The amounts are deemed to be actual for
billing purposes. PBL shall provide service within 180 days of the request at
rates BPA has established or establishes as applicable to such loads. The
OOPB-12008, Ashland
Revision No.6, Exhibit A, Rate Commitments
70f8
. .
DRAFT
rate treatment for such loads shall continue through Contract Year 2006.
Rate treatment after Contract Year 2006 shall be determined in a future rate
case.
5. NEW LARGE SINGLE LOADS
(a) Ashland has no existing NLSL.
(b) Ashland may request service to a NLSL. The Parties shall revise this exhibit
to establish estimated monthly HLH and LLH MWh for such service in a
table below. If Ashland chooses to serve the NLSL with a resource the
resource shall be added consistent with section 4(t) of Exhibit C, Net
Requirements. The total amount subtracted from Total Retail Load in
section 4 of the body of this Agreement shall be the metered amount of the
load. The same metered amount shall be used by PBL for billing purposes
when PBL serves the entire NLSL.
6. REVISIONS
If this exhibit is inconsistent with BPA's 2002 PF Power Rate Schedule as finally
approved by FERC, the Parties shall make a good faith effort to amend this exhibit
so that it is consistent.
The Parties shall update this exhibit to reflect necessary changes to establish new
rate choices consistent with the applicable future rate cases. This shall be done by
mutual agreement except as allowed in section 3 of this exhibit.
CITY OF ASHLAND, OREGON
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
By
(Signature)
Name Martha Bennett
(Print/Type)
(Signature)
Name
(Print/Type)
Title
. City Administrator
Title
Date
Date
K:\KSC\Contract Administration Work\Ashland\Power\Exhihits\OOPB-1200B_Ashland EXA R6 7-7-2009.doc
OOPB.12008, Ashland
Revision No.6, Exhibit A. Rate Commitments
80f8
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of an Agreement to Participate in the OOOT Highway Bridge
Assessment Program
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
July 21,2009
Public Works/Engineering
Legal
Martha Benne
James Olson
olsoni (@,ashland.or.us
Pieter Smeenk
Consent Agenda
Question:
Will the Council approve an intergovernmental agreement to participate in the ODOT Highway Bridge
Program and authorize ODOT to select a consultant for the required bridge inspections?
Staff Recommendation:
Staff recommends that the Council approve the attached intergovernmental agreement to participate in
the ODOT Highway Bridge Program and authorize ODOT to select a consultant for the bridge
inspections required under that program.
Background:
ACTION SUMMARY
The Code of Federal Regulations (CFR 650.300) requires that all public bridges with a spam of20 feet
or more be inspected periodically by a professional engineer and certi fied bridge inspector. The City
has five bridges that fall under this category and is required to inspect these bridges every two years.
The City has the option of hiring its own consultant to perform the required inspections and submit
reports to FHW A through ODOT, or it may elect to join ODOT's bridge inspection program and take
advantage of consultants hired by ODOT who inspect bridges statewide.
INSPECTION HISTORY
At one time the City had engineering staff who were certified as bridge inspectors and who performed
the bi-annual inspections and reports on the five bridges. Approximately 15 years ago ODOT began
performing the bridge inspections themselves or through the use of professional consultants. This
arrangement proved to be very effective and the City has elected to continue to support ODOT'S
bridge inspection program.
Inspection parameters have changed over the past years to where special testing equipment is needed,
which the City does not have access to, and as we no longer have certified bridge inspectors on staff,
the City can no longer make these inspections. The options remaining for the City include hiring a
consultant to perform the inspections or to continue to support ODOT's bridge inspection program
whereby ODOT consultants would make the required inspections on the City's behalf.
CONSULTANT SELECTION
Consultants are selected through ODOT's standard two-tier selection process which mirrors the
Federal Highways process. Under this process requests for proposals are requested statewide. Once
proposals are received they are reviewed and scored by a team of six persons, of whom three are from
Page 1 of2
r~'
CITY OF
ASHLAND
Cities (Portland, Salem and Medford) and three are from Counties (Morrow, Multnomah and
Washington). Once a consultant is selected, they are issued a multi-year contract through ODOT.
Once the bridge inspections are completed the consultant files the required reports with ODOT with
copies to the City.
Related City Policies:
The Council is authorized to review and approve all new Intergovernmental Agreements.
Council Options:
. Council may approve the attached IGA and authorize the City Administrator to sign the
agreement.
. Council may decline to enter into a contract with ODOT to provide bridge inspection.
· Council may delay approval of the agreement pending further information to be provided by
staff.
Potential Motions:
. Move to approve the attached agreement
. Move to delay approval pending further information to be provided by staff
. Move to rej ect the attached agreement
Attachments:
LPA Bridge Condition Assessment Program Two-Tier Selection Delegation Form
Page 2 of2
r~'
. .
.
regon
Tbaxlore R. Kuloogoskj. Governor
Department of Transportation
Transportation Building
355 Capitol St NE, Rm. 301
Salem, OR 97301-3871
May 19, 2009
FILE CODE,
City of Ashland
Attn: Paula Brown
20 East Main
Ashland, OR 97520
RE: LPA BRIDGE CONDmON ASSESSMENT PROGRAM TWO-TIER
SELECTION DELEGATION FORM
Local Public Agency (LPA):
Name of Local Public Agency
Signature of LPA Authorized Representative Date
Name of LPA Authorized Representative Title of LPA Authorized Representative
By signature of its authorized representative, LPA agrees to participate in the LPA ...
Bridge Condition Assessment Program to obtain bridge inspection and load rating'
services, and authorizes the Highway Bridge Program (HBP) Local Agency Bridge
Selection Committee (comprised of members identified below) to use any selection.
method identified in the December 6~ 2005 letter subject: Authorization for Two-
Tier Selection Process for Local Public Agency (LPA) Bridge Inspection and
Load Rating Consultants signed by Bruce Johnson, to select Consultants to perform
bridge inspection and load rating services with respect to its bridges.
The HBRR Selection Committee Members are:
. Larry Beskow, Oty of Medford
. David Olongaigh, Oty of Portland
. Rid< Barnes, Oty of Salem
. Burke O'Brien, Morrow County
. Ian Cannon, Multnomah
. Greg Clemons" Washington County
Z:\CorrespondencelBridge _operations _ Unil\Letters\LocaJ _Bridge _lnspeclion\Dcleg.tion
Letter.;\City _Ashland _ Dcligalion _ 05l909.doc
CITY OF
ASHLAND
Council Communication
Ratification of Labor Contract with the IBEW Clerical/Technical Union
Meeting Date: 7/21/2009 Primary Staff Contact: Tina Gray
Department: AdministrationlHR E-Mail: tina@ashland.or.us
Secondary Dept.: Administrative Secondary Contact: Lee Tuneberg
Approval: Martha Benn - Estimated Time: Consent
Question:
Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the
International Brotherhood of Electrical Workers (IBEW) Local No. 659 Clerical/Technical Union?
Staff Recommendation:
Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor
contract, ratifying the tentative agreements reached in negotiations.
Background:
The current labor contract with the IBEW Clerical Technical employees expired on June 30, 2009.
The City reached tentative agreement in one session with this bargaining group due to their
understanding of the City's financial situation and willingness to work within our current budget
constraints.
The al!reement calls for:
. No cost of living adjustmentslincreases in 2009.
. A change in health plan to a $200 deductible Preferred Provider Option plan on 1/1/2010, which
will result in a reduction in City benefit costs.
. Establishment of an Health Reimbursement ArrangementIVoluntary Employees' Beneficiary
Association (HRA- VEBA) program 7/1/09, with I % of salary being contributed tax-free by the
City for each member of the bargaining unit to help offset increased costs due to change in health
benefits.
. Provisions which allow either party to re-open the contract to negotiate wage increases and HRA-
VEBA contributions in the second or third year of the contract.
. Increase to the City's matching contribution to employee's Deferred Compensation Account (up to
$30/month) similar to existing programs with other bargaining units.
. Changes to the sick leave accrual cap and establishment of a non-use of sick leave incentive
cons~stent with other City bargaining groups.
. Minor language changes to reflect current business practices.
Related City Policies:
None.
Council Options:
Approve the Labor Agreement as presented.
Delay approval of the Labor Agreement and provide staff new direction.
Page 1 of2
r.l'
CITY Of
ASHLAND
Potential Motions:
Move approval of the labor agreement between the City of Ashland and the IBEW Clerical/Technical
Workers and authorize the City Administrator and Mayor to sign the labor contracts, ratifying the
tentative agreements reached in negotiations
Attachments:
IBEW Clerical/Technical Contract
Page 2 of2
r.t. ,
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
LOCAL UNION NO. 659
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
(CLERICAL/TECH NICAL)
,
Effective
July 1, 2009 - June 30, 2012
'-
Table of Contents
PREAMBLE.............................. ..... .................... ...... ..... ..................... 1
SCOPE OF AGREEMENT .................................................................... 1
ARTICLE I: RECOGNITION ............................................................... 1
ARTICLE II: UNION SECURITY AND CHECK-OFF............................... 2
Section 1. Union Security. ....................................................... ....2
Section 2. Check-Off. .................................................................2
Section 3. Indemnification................... ........... ......... ...... .............. 2
ARTICLE III: MANAGEMENT RIGHTS................................................ 3
ARTICLE IV: STRIKE AND LOCKOUT PROHIBITION .......................... 3
Section 1. ................... ...................... ................... ........ ............. 3
Section 2. ................. ................. ................ ............................... 3
Section 3. ............................................................................. ...."4
ARTICLE V: HOLIDAyS..................................................................... 4
Section 1. Recognized Holidays.................................................... 4
Section 2. Holiday Pay................................................................ 4
Section 3. Floating Holiday.......................................................... 4
ARTICLE VI: VACATIONS ................................................................. 5
Section 1. Eligibility.. ................. .................................... ............. 5
Section 1.1 ........ ........... .................. .......... ....... ......................... 5
Section 1.2 ........................................................................~...... 5
Section 1.3............................................................................... 5
Section 1.4 ............................................................................... 5
Section 1.5............................................................................... 5
Section 2. Continuous Service...................................................... 5
Section 3. Accrual Limitations...................................................... 5
Section 4. Scheduling.......................... ..... .............. ...... ..............6
Section 5. Payment on Termination .............................................. 6
ARTICLE VII: HOURS OF WORK AND OVERTIME ..............................6
Section 1. Hours of Work ............................................................ 6
Section 2. Work Schedules ..........................................................7
Section 3. Rest Periods ............................................................... 7
Section 4. Meal Periods............................................................... 7
Section 5. Overtime Rates........................................................... 7
Section 6. Compensatory Time ................................................ ....7
ARTICLE VIII: SICK LEAVE .............................................................. 7
Section 1. Purpose .......... ...... .......................... ...... ...... ............... 7
Section 2. Accumulation.............................................................. 7
Section 3. Utilization .................................................................. 8
Section 4. Integration with Worker's Compensation ........................ 8
Section 5. Sick Leave Without Pay................................................ 8
Section 6. Termination............................................... ..... ............ 8
Section 7. Payment for Unused Sick Leave.................................................8
ARTICLE IX: OTHER LEAVES OF ABSENCE ........................................ 9
Section 1. Leaves of Absence Without Pay.................................... 9
Section 2. Jury Duty........ ..... ........ .............. ........ ......... ............... 9
Section 3. Appearances............... ................ .......... ...... ................9
Section 4. Required Court Appearances......................................... 9
. Section 5. Election Day...............................................:............... 9
Section 6. Union Business ........................................................... 9
Section 7. Educational Leave ..........;.......................................... 10
Section 8. Funeral Leave........................................................... 10
Section 9. Failure to Return From Leave...................................... 10
ARTICLE X: COMPENSATION.......................................................... 10
Section 1. Wage Schedule......................................................... 10
Section 2. Overtime .............. .................................... ............... 11
Section 3. Call-back Time.......................................................... 11
Section 4. Pay Periods ..............................................................11
Section 5. Mileage.................................................................... 12
Section 6. Special Project Assignments .......................................12
Section 7. Certification Pay........................................................ 12
ARTICLE XI: DISCIPLINE AND DISCHARGE.................................... 12
Section 1. Discipline ................................................................. 12
Section 2... .............. ...... ..... ..... ...... ........... ......... ......... ..... ....... 13
Section 3............... ........... ..... .............. ............... ......... ........... 13
Section 4...... ......... ........... ........ .............. .................... ............ 13
ii
Section 5...... ......... ........ ......... ............................. ........ ........... 13
Section 6............... ............ .......................................... ........... 13
ARTICLE XII: SETTLEMENT OF DISPUTES ...................................... 13
Section 1. Grievance and Arbitration Procedure............................ 13
STEP I. ........ ..... ........ ..... ......... ............ ................ .................... 13
STEP II. ................................... ..... .......... ..................... ........... 14
STEP III. ....................:........................................................... 14
STEP IV. ................................................................................. 14
Section 2. Stewards .......................:......................................... 14
ARTICLE XIII: SENIORITy............................................................. 15
Section 1. Seniority.... ............. ..... ............ ................... ............. 15
Section 2. Suspension of Seniority.............................................. 15
Section 3. Termination of Seniority............................................. 16
Section 4. Probationary Period ................................................... 16
Section 5. Promotional Probationary Period.................................. 16
Section 6. Layoff and Recall....................................~.................. 16
Section 7. Training Opportunities ............................................... 17
Section 8. Job Announcements ..................................................17
,
Section 9. Regular Employee ..................................................... 17
Section 10 .............................................................................. 17
Section 11. Regular Part-Time Employee Benefits......................... 17
Section 12. Part-Time and Temporary Employee Compensation
and Probationary Period ............................................................. 17
ARTICLE XIV: GENERAL PROVISIONS............................................ 17
Section 1. No Discrimination...................................................... 17
Section 2. Bulletin Boards .........................................................18
Section 3. Visits by Union Representatives................................... 18
Section 4. Solicitation............................................................... 18
Section 5. Existing Conditions.................................................... 18
Section 6. Other Employment.........................:.......................... 18
Section 7. Supervisory Employees.............................................. 18
Section 8. Uniforms, Protective Clothing and Devices ....................19
ARTICLE XV: CLASSIFICATIONS - WORK RULES - SAFETy............. 19
Section 1. Classifications and Descriptions ............ .............. ......... 19
iii
Section 2. Safety Rules............................................................. 19
ARTICLE XVI: HEALTH,WELFARE AND RETIREMENT....................... 19
Section 1. Health and Welfare............;....................................... 19
Section 2. Insurance Committee... .................. ....... ...:.... ............ 20
Section 3. Retirement............................................................... 20
Section 4. Medical Coverage for Retirees..................................... 21
Section 5. Deferred Compensation ............................................. 21
Section 6. HRA-VEBA Contribution............................................................. .21
Section 7. P.E.R.5. Initial Six Month Waiting Period ...................... 21
ARTICLE XVII: WORKER'S COMPENSATION ...................................21
Section 1. Workers' Compensation ............................................. 21
Section 2. Supplementary Payment ............................................ 21
ARTICLE XVIII: LIABILITY INSURANCE......................................... 22
ARTICLE XIX: SAVINGS CLAUSE AND FUNDING ............................. 22
Section 1. Savings Clause. ...... ....................... ......... .................. 22
Section 2. Funding ................................................................... 22
ARTICLE XX: TERMINATION & REOPENING ................................... 22
APPENDIX A............. .......................................... .............. ............... 24
APPENDIX B: WAGE SCHEDULE .....:............................................... 25
iv
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
LOCAL UNION NO, 659
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
(CLERICAL/TECHNICAL)
PREAMBLE
This Agreement made and entered into by the City of Ashland, Oregon,
hereinafter referred to as the "City" and Local Union No. 659 of the
International Brotherhood of Electrical Workers, hereinafter referred to as the
"Union." Unless indicated otherwise, references to the "City" herein shall
include the Mayor and City Council or their designees(s) as the officials directly
responsible for the operation of the departments covered by this Agreement.
The purpose of this Agreement is to set forth the full and complete agreement
between the parties on matters pertaining to rates of pay, hours of work and
other conditions of employment.
SCOPE OF AGREEMENT
This agreement shall apply to all employees of the Technical/Clerical'
Bargaining Unit of Ashland, Oregon, as set forth in "Appendix A" but excluding
confidential, supervisory, and temporary employees.
Where the term "employee" is used, it shall mean regular employees or
probationary employees within the bargaining unit, as the same are defined in
Article XIII hereof.
The parties agree as follows:
ARTICLE I
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for
the purposes of establishing rates of pay, hours of work and other conditions of
employment for all employees within the bargaining unit described
immediately above.
1
ARTICLE II
UNION SECURITY AND CHECK-OFF
Section 1. Union Security. All employees covered by this Agreement shall,
as a condition of employment, commencing thirty (30) days after hiring or
transfer into the Bargaining Unit, 1) become a member of the Union and
maintain his/her membership in the Union in accordance with its Constitution
and Bylaws, or 2) in the alternative, an employee must tender a registration
fee to the Union in such an amount as the Union may prescribe (but in no
event to exceed the initiation fee required by Union members), and shall
tender, monthly an agency fee as established by the Union in an amount not to
exceed the amount of the monthly dues and per capita fees required of "BA"
members in his/her base wage rate.
Any employee who is or who becomes a member of the Union shall, as a
condition of employment, maintain his/her membership in the Union in
accordance with its Constitution and Bylaws.
Upon written request from the Union, the City shall, within twenty-one (21)
calendar days, terminate the employment of any employee who fails to comply
with the requirements of this Article.
Section 2. Check-Off. The City will, during the term of this Agreernent,
deduct and remit monthly to the Financial Secretary of the Union the normal
and usual dues uniformly required of its members or agency fees of any other
employee as provided for in Section 1 and shall voluntarily authorize the City
to do so. Such written authorization must be in lawful, mutually acceptable
form and shall be forwarded to the City through the Business Manager of the
Union.
The Financial Secretary of the Union will keep the City currently advised of the
monthly dues and agency fee to be deducted from the wages of each
employee who shall have filed the required deduction authorization with the
Union and the City.
An employee may revoke his/her deduction authorization by written notice
directed to the City and the Union by registered mail. Such revocation will be
effective in the payroll month following receipt of the notice.
Section 3. Indemnification. The Union agrees to indemnify and hold the
City harmless against. any and all claims, orders or judgments brought or
issued against the City as a result of any action taken or not taken by the City
under the provisions of this Article.
2
ARTICLE III
MANAGEMENT RIGHTS
The Union recognizes the prerogative of the City to operate and manage its
affairs in all respects in accordance with its responsibilities, and the powers or
authority which the City has not expressly abridged, delegated or modified by
this Agreement are retained by the City.
It is understood and agreed that the City possesses the sole and exclusive
right to operate the City through its City Administrator and department heads
and that all management rights repose in it, but such rights must be exercised
consistent with the other provisions of this contract. These rights include but
are not limited to the following:
1. To determine the. miSSion of its constituent departments,
commissions and boards.
2. To set standards of service.
3. To direct its employees.
4. To discipline or discharge for just cause.
5. To relieve its employees from duty because of lack of work,
finances, or other legitimate reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which
government operations are to be conducted.
8. To determine the content of job classifications.
9. To take all necess.ary action to carry out its mission in
emergencies.
10. To exercise complete control and discretion over its organization
and the technology of performing its work.
ARTICLE IV
STRIKE AND LOCKOUT PROHIBITION
Section 1. The Union and its members, as individuals or as a group, will not
initiate, cause, permit or participate or join in any strike, work stoppage, or
slowdown, picketing, or any other restriction of work at any location in the
City. Employees in the bargaining unit, while acting in the course of their
employment, shall not honor any picket line established in the City unless such
is sanctioned by the Southern Oregon Central Labor Council.
Section 2. In the event of a strike, work stoppage, slowdown, picketing,
observance of a picket line, or other restriction of work in any form, either on
the basis of individual choice or collective employee conduct; the Union will
immediately upon notification, attempt to secure an immediate and orderly
return to work. This obligation and the obligations set forth in Section 1 above
shall not be affected or limited by the subject matter involved in the dispute
3
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.
Disciplinary action, including discharge may be taken by the City against any
employee or employees engaged in a violation of this Article. Such disciplinary
action may be undertaken selectively at the option of the City and shall not
preclude or restrict recourse to any other remedies, including an action for
damages, which may be available to the City.
Section 3, There will be no lockout of employees in the unit by the City as a
consequence of any dispute arising during the period of this Agreement.
ARTICLE V
HOLIDAYS
Section 1. Recoanized Holidays. The following shall be recognized as
Holidays:
New Year's Day (January 1)
.Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (4th of July)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (4th Friday in November)
Christmas Day (December 25th)
(Any day declared by the Governor, President or Mayor as a Holiday)
Whenever a Holiday shall fall on Sunday, the succeeding Monday shall be
observed as the Holiday. Whenever a Holiday shall fall on Saturday, the
preceding Friday shall be observed as the Holiday. If an employee is on
authorized vacation, sick leave, or other leave with pay when a Holiday occurs,
such Holiday shall not be charged against such leave.
-
Section 2. Holiday Pay. Regular employees shall receive eight (8)
hours of pay for each of the Holidays listed above on which they perform no
work. In order to be eligible for Holiday pay when no work is performed, an
employee must work on his/her last scheduled work day immediately prior to a
Holiday and on his/her first scheduled work day immediately following the
Holiday, unless prior approval is granted, as in the case of illness or if the
Holiday falls within a vacation period.
Section 3. Floatina Holiday. A Floating Holiday effective July 1, 1991,
which for accounting purposes will be treated in the following manner: "8"
4
hours added to the vacation accruals on July 1, 1991, and thereafter "2/3" of
one hour and one day to be added to each subsection of Section 1. Eliqibilitv,
Article VI.
ARTICLE VI
VACATIONS
Section 1. Eliaibilitv. An employee shall be eligible to take accrued vacation
leave with pay after six (6) full months of continuous service. Vacation leave
shall accrue on a monthly basis, in accordance with the following schedule:
Section 1.1 Employees with less than four (4) full years of contio.uousservice
shall accrue 8 hours of vacation leave for each calendar month of service (12
working days annualized).
Section 1.2 Employees with more than four (4), but less than nine (9) full
years of continuous service shall accrue 9 1/3 hours of vacation leave for each
calendar month of service (14 working days annualized).
Section 1.3 Employees with more than nine (9), but less than fourteen (14)
full years of continuous service, shall accrue 12 hours of vacation leave for
each calendar month of service (18 working days annualized).
Section 1.4 Employees with more than fourteen (14) but less than nineteen
(19) full years of continuous service shall accrue 14 hours of vacation leave for
each calendar month of service (21 working days annualized).
Section 1.5 Employees with more than 19 full years of continuous service
shall accrue 15 1/3 hours of vacation credit for each calendar month of service
(23 working days maximum).
Section 2. Continuous Service. Continuous service for the purpose of
accumulating vacation leave shall be based on regular hours paid to the
employee. Time spent by the employee on authorized paid leaves shall be
included as continuous service. Vacation leave shall not accrue during a leave
of absence without pay. Authorized leave without pay and lay-offs shall not be
counted as service, however, employees returning from such absences or
layoff shall be entitled to credit for service prior to the leave or layoff.
Section 3. Accrual Limitations. An employee will be allowed to accrue
vacation up to, but not to exceed an amount equivalent to two times the
amount that they accrue in a calendar year. An employee who is about to lose
vacation credit because of accrual limitations may, by notifying his/her
supervisor 15 days in advance, request leave to prevent loss of vacation leave.
If the City cannot grant leave due to staffing problems, the City may grant a
5
temporary allowance to accrue vacation in excess of the accrual cap of this
subsection. Said temporary allowance may continue for no more than 180
days. No payment shall be made for vacation leave lost by an employee
because of accrual limitations, unless the failure to take vacation is caused by
the City's insistence that the employee be at work during a scheduled vacation
period.
Section 4. Schedulina. Vacation leave shall be scheduled by the City based
on the head of the department's judgment as to the needs of efficient
operations and the availability of vacation relief. Subject to the foregoing,
employees shall have the right to determine vacation times. Vacation leave
taken shall not be in excess of that actually accrued at the time it is taken.
Vacation leave shall be selected on the basis of seniority; provided, however,
such employee will be permitted to exercise his/her right of seniority only once
annually. Employees shall exercise their choice by bidding in seniority. The
list shall be closed as of December 31, and subsequent changes shall be made
only by mutual consent of the parties.
Section 5. Payment on Termination. In the event of the death or
termination of an employee during the initial six (6) months of his/her
employment, no payment in lieu of vacation shall be made. In.the event of
. death or termination of employment after an employee has served for six (6)
months, the employee shall be entitled to payment for accrued, but unpaid,
vacation leave at the rate of the date of eligibility. In the event of death,
earned but unused vacation leave shall be paid in the same manner as salary
due the deceased employee is paid.
ARTICLE VII
HOURS OF WORK AND OVERTIME
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.
Section 1. Hours of Work. To the extent consistent with operating
requirements of the City, eight (8) hours shall constitute a regular day's work,
and five (5) consecutive days, normally beginning Monday and terminating
Friday, shall constitute a week's work. However, an employee may be
scheduled by the City for a workweek other than Monday through Friday,
which shall become his/her regular workweek. By mutual agreement between
an employee and supervisor, an alternate 40 hour per week work schedule can
be established such as four (4) workdays of ten (10) hours.
Section 2. Work Schedules. All employees, to the extent consistent with
6
operating requirements, shall be scheduled to work on a regular work shift,
and each shift shall have regular starting and quitting times. Work schedules
showing the employee's shifts, workdays and hours shall be posted on
department bulletin boards. This section does not prevent an agreement
between an employee and supervisor to a schedule with a different starting
and ending time on different days of the week or month.
Section 3. 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.
Section 4. Meal Periods. To the extent consistent with operating
requirements of the respective departments, a one-half (1/2) hour meal period
shall be scheduled in the middle of the work shift which shall not be paid.
Section 5. Overtime Rates.An employee shall be compensated at the rate
of time and one-half (1-1/2) times the regular rate of pay for all work
performed in excess of 40 hours in a workweek. For the purposes of this
paragraph, holiday hours, vacation hours and sick leave hours shall count as
work performed.
Section 6. Compensatory Time. Overtime may be paid in the form of
compensatory time off at the applicable rate, subject to the approval of the
Department Head or designated supervisor. All overtime shall be recorded by
the. employee and must be approved by the Department Head or designated
supervisor in advance. The employee must designate whether he/she desires
payor compensatory time off on the time sheet reporting the overtime
worked. Accrued compensatory time shall not exceed forty (40) hours at any
time. Any time in excess of forty (40) hours shall be compensated as pay.
ARTICLE VIII
SICK LEAVE
Section 1. Purpose. Sick leave is provided for the sole purpose of providing
financial security to employees and their families. Under no circumstances
shall the City grant an employee sick leave with pay for time off from City
employment caused by sickness or injury resulting from employment other
than with the City of Ashland.
Section 2. Accumulation. Sick leave shall tie earned for the purposes
stated herein by each eligible employee at the rate of eight (8) hours for each
full calendar month of service. Sick leave may be accumulated to a total of
nine hundred and sixty (960) hours and must be taken for the purposes
specified in Section 3 hereof as a condition precedent to any sick leave
payment. Sick leave shall not continue to accrue during authorized sick leave
7
or disability leave in excess of thirty (30) calendar days.
Section 3. Utilization. Employees may utilize their allowance for sick leave
when unable to perform their work duties by reason of illness or injury. In
such event, the employee shall notify the department head or other supervisor
of absence due to illness or injury, and the nature and expected length thereof,
as soon as possible prior to the beginning of the scheduled regular work shift,
unless unable to do so because of the serious nature of injury or illness. A
physician's statement of the nature and identity of the illness, the need for the
employee's absence and the estimated duration of the absence, may be
required at the option of the City for absences of over two (2) days prior to
payment of any sick leave benefits or prior to allowing the employee to return
to work. A physician's statement may be required as a prerequisite to
payment of sick leave for less than three (3) days if the employee has been
advised in advance of such requirement.
The parties agree that when an employee must be away from the job because
of illness in the immediate family, such time off mav be granted by the
department head on a day to day basis, and charged against sick leave time
on an hourly basis. If the absence becomes prolonged, such time off may be
charged against accumulated vacation. Employees must keep their
department head informed as to their status to qualify under this provision.
Section 4. Intearation with Worker's ComDensation. When an injury
occurs in the course of employment, the City's obligation to pay under this sick
leave article is limited to the difference between any payment received under
Worker's Compensation laws and the employee's regular pay. In such
instances, no charges will be made against accrued sick leave for the first
thirty (30) calendar days.
Section S. Sick Leave Without Pav. Upon application by the employee, sick
leave without pay may be granted by the City for the remaining period of
disability after accrued sick leave has been exhausted. The City may require
that the employee submit a certificate from a physician periodically during the
period of such disability, and before returning to work.
Section 6. Termination. Sick leave is provided by the City in the nature of
insurance against loss of income due to illness or injury. No compensation for
accrued sick leave shall be provided for any employee upon his/her death or
termination of employment, for whatever reason. Sick leave shall not accrue
during any period of leilVe without pay.
Section 7. Pavment for Unused Sick Leave All members of the bargaining
unit may elect to receive 1/3 of their unused annual sick leave accrual,
maximum of 32 hours, as cash on their first paycheck in December. If cash
payment is not elected, the unused portion of sick leave will be added to
8
cumulative sick leave balance or converted to accrued vacation at the option of
the employee.
ARTICLE IX
OTHER LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pav. Leaves of absence
without pay not to exceed 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 Department Head 30 days prior to the requested leave date,
unless otherwise waived.
Section 2. JUry Dutv. Employees shall be granted leave with pay for
service upon a jury; provided, however, that the regular pay of such an
employee for the period of absence shall be reduced by the amount of money
received for such jury service, and upon being excused from jury service for
any day. an employee shall immediately contact his/her supervisor for
assignment for the remainder of his/her regular work day.
Section 3. Aooearances. 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 for such employee shall be reduced by
an amount equal to any compensation they may receive as witness fees.
Section 4. Reauired Court Aooearances. Leaves of absence with pay
~ shall be granted for attendance in court in connection with an .employee's
officially assigned duties, including the time required for travel to the court and
return to the employee's headquarters.
Section 5. Election Dav. 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.
Section 6. Union Business. Employees elected or appointed to any
legitimate full-time paid Union office which takes them from their employment
with the City, shall, upon written request of the Union and the employee be
granted a leave of absence of up to one (1) year without pay, renewable upon
application. Employees selected by the Union to attend conventions and
related Union activities, shall, upon written request of the Union and the
employees, be granted a leave of absence of up to thirty (30) days without
pay.
Section 7. Educational Leave. After completing one (1) year of continuous
9
service, an employee, upon written request, may be granted a leave of
absence without pay by the City for the purpose of upgrading his/her
professional ability through enrollment in educational courses directly related
to employment at an accredited school or course of study. The period of such
leave of absence shall not exceed one (1) year, but may be renewed or
extended upon request of the employee and approval by the department head.
One (1) 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
may 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 department head.
Section 8. Funeral Leave. An employee may be granted three (3) days
funeral leave with regular pay in the event of death in the immediate family of
the employee. The employee will be paid his/her regular hourly rate for any
such days of excused absence which occur only during his/her assigned
workweek. An additional two (2) days leave may be granted if the funeral is
over 500 miles from Ashland, one way. In the event that special
circumstances exist requiring additional time away from work, the Department
Head may grant two additional days (maximum five days total) of paid funeral
leave regardless of travel distance to the funeral.
For the purpose of this article, an employee's immediate family shall include
spouse, parent, children, brother, sister, mother-in-law, father-in-law, brother-
in-law, sister-in-law, step child, step parent, adopted child, grandparents,
grandparents-in-Iaw and domestic partners.
Section 9. Failure to Return From Leave. Any employee who is granted a ,
leave of absence and who, for any reason, fails to return to work at the
expiration of said leave of absence, shall be considered as having resigned
their position with the City, and his/her position shall be declared vacated;
except and unless the employee, prior to the expiration of his/her leave of
absence, has furnished evidence that he/she is unable to work by reason of
sickness, physical disability or other legitimate reason beyond his/her control.
ARTICLE X
COMPENSATION
Section 1. Waae Schedule. Employees shall be compensated in
accordance with the wage schedule attached to this Agreement and marked
"Appendix B" which is hereby incorporated into and made a part of this
Agreement. When any position not listed on the wage schedule is established,
the City shall designate a job classification and wage rate for the position and
10
notify the Union. If the Union does not agree that the classification or wage
rate is proper, the Union may submit the issue as a grievance according to the
grievance procedure.
Section 2. Overtime. The City has the right to assign overtime work as
required in a manner most advantageous to the City, and consistent with the
requirements of municipal service and the public interest. Employees shall be
compensated at the rate of time and one-half (1'12) the regular rate of pay for
all work performed in excess of 40 hours in a workweek, but in no event shall
such compensation be received twice for the same hours. All overtime shall be
recorded by the employee and must be approved by the department head or
supervisor.
Scheduled overtime, time annexed to the beginning of the work shift, or hold-
over times annexed to the end of the work shift, shall be considered overtime
and shall not be considered call-back time.
Section 3. Call-back Time. Employees called back to work shall receive
overtime pay with a guaranteed minimum of one (1) hour at time and one-half
(1-1/2) for the work for which they are called back. More than one call-back is
permissible within the one (1) hour period. Employees required to work over
the initial call-back period, where more than one call-back is handled, will be
paid at the overtime rate to the nearest one-half (1/2) hour.
a. Employees called for duty four (4) hours or more before the
beginning of their regular work day shall be paid at the regular
overtime rate from the time they are called until relieved. If such
an employee has worked a minimum of four (4) hours and has had
less than four (4) hours rest after he/she was relieved, he/she
shall receive the regular overtime rate of time and one-half (1-1/2)
for all hours worked during his/her normal work day.
Employees shall not be required to take time off during any regular
working day for the overtime worked or to be worked.
b. Employees called for duty less than four (4) hours before the
beginning of their regular work day shall be paid at the established
overtime rate from the time they are called until the beginning of
their regular work day. Regular working hours following shall be at
the straight time rate.
Section 4. Pav Periods. Employees shall be paid every other Friday. Pay
periods shall be for fourteen (14) days beginning at 12:01 a.m. on Saturday,
and ending on the 14th day (Friday) at 12:00 midnight. Pay days shall be on
the Friday following the close of each pay period.
11
Section 5. Mileaae. An employee required to report for special duty or
assignment at any location other than his/her permanent reporting location
and who is required to use his/her personal automobile for transportation to
such location, shall be compensated at the standard mileage reimbursement
rate established annually by the IRS per mile for the use of such automobile
directly in the line of duty.
Section 6. Soecial Proiect Assianments. Employees assigned to
established special projects, for extended periods of time, which require
substantially increased responsibilities and duties, compared to their normal
assignment and job description, shall receive additional compensation. Prior to
beginning the assignment the employee and his/her supervisor shall discuss
the matter of additional compensation.
Section 7. Certification Pav. Certification pay of five (5%) percent as
follows:
a. The parties above must mutually approve of the program leading
to certification prior to the employee entering into the program. .
b. The employee must be working in the field of the certification and
the program must relate to the employee's work.
c. Certification pay will become effective with the first of the month
following the employee's satisfactory completion of the program,
i.e. evidence of satisfactory completion by the institution
acceptable to the parties.
d. Upon mutual agreement of the parties an equivalency must be
considered for an approved program not available locally. Short
term or inadequate programs will not be considered.
ARTICLE XI
DISCIPLINE AND DISCHARGE
Section 1. Discioline. No regular employee as defined in Article XII may be
disciplined except for just cause. Disciplinary action may be imposed upon any
employee for failing to fulfill his/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 just cause
for disciplinary action. Such cause may also include misconduct, inefficiency,
incompetence, insubordination, misfeasance, malfeasance, the willful violation
of department rules or for political activities forbidden by State law.
Section 2. Discipline for just cause may include the following:
12
1. Oral reprimand
2. Written reprimand
3. Demotion
4. Suspension
5. Discharge or dismissal
Section 3. An employee may be suspended from employment, with or
without pay, while charges against the employee are investigated. Such a
suspension may be for no more than five (5) working days, unless mutually
extended by the parties. If the charges are not cleared completely, a
_ suspension without pay, or any part of such suspension, may be determined to
be part of the discipline effective the date of suspension.
Section 4. In the event of an offense of such serious nature that immediate
disciplinary action is required, the employee may be suspended immediately
from employment until such charges are investigated and a decision made to
continue, discipline or terminate the employee. If the employee is cleared
completely of the charges, the affected employee will be immediately
reinstated without loss of payor other benefits. If the charges are not cleared
completely, and discharge is the discipline imposed, the termination date will
be the date of suspension.
Section 5. Any disciplinary action imposed upon an employee, if protested,
shall be protested only as a grievance through the regular grievance
procedure. If a department head 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 in public.
Section 6. This Article shall not apply to any employee on probation as
defined in Article XIII.
ARTICLE XII
SETTLEMENT OF DISPUTES
Section 1. Grievance and Arbitration Procedure. Any grievance or
dispute which may arise between the parties concerning the application,'
meaning or interpretation of this Agreement, shall be settled in the following
manner:
STEP I. The affected employee shall take up the grievance or dispute
with the employee's supervisor within seventy-two (72) hours of its
occurrence, excluding Saturday and Sunday. The supervisor shall then
attempt to adjust the matter within three (3) working days.
13
STEP II. If the grievance has not been settled between the affected
employee and the supervisor, it may be presented in writing by the
Union to the Department Head within seventy-two (72) hours, excluding
Saturday and Sunday, after the response specified in Step I is due. The
written notice shall include details of the grievance, the section of this
Agreement allegedly violated and the specific remedy requested. The
appropriate Department Head shall respond to the Union representative
in writing within five (5) working days after receipt thereof.
STEP III. If the grievance still remains unadjusted, it may be presented
by the Union to the City Administrator of the City or his/her designee(s),
within seven (7) days after the response specified in Step II is due. The
City Administrator or his/her designee(s), shall respond in writing to the
Union within five (5) working days.
STEP IV. If the grievance is still unsettled, either party may, within ten
(10) 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 Union. If the parties are
unable to agree upon an arbitrator, the American Arbitration Association
or other mutually agreed organization shall be requested to submit a list
of five names. Both the City and the Union shall have the right to strike
two names from the list. The party requesting arbitration shall strike the
first name and the other party shall then strike one and the process shall
be repeated and the remaining person shall be the arbitrator. The City
and the Union shall meet in a pre-hearing conference and shall prepare a
submission agreement regarding the specific issues in dispute. The
designated arbitrator shall hear both parties as soon as possible on the
disputed matter and shall render a decision within thirty (30) days which
shall be final and binding on the parties and the employee. The
arbitrator shall have no right to amend, modify, nullify, ignore or add
provisions to the Agreement, but shall be limited to consideration of the
particular issue(s) presented to him/her. His/her decision shall be based
solely upon his/her interpretation of the meaning and application of the
express language of the Agreement. Expenses for the arbitrator shall be
born.e equally by the City and the Union; however, each party shall be
responsible for compensating its own representatives and witnesses. If
either party desires a verbatim recording of the 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 Union
within the time limits specified above, such grievance shall be deemed
waived. If any grievance is not answered by the City within the time
limits specified above, such grievance shall be deemed granted.
14
Section 2. Stewards. The Union may select an employee who shall be
known as the steward. The name of the employee selected as steward, and
the names of local Union representatives who may represent employees, shall
be certified in writing to the City by the Union. Duties required by the Union of
a steward, excepting attendance at meetings with supervisory personnel and
aggrieved employees arising out of a grievance already initiated by an
employee under Section 1 hereof, shall not interfere with this employee's or
other employees' regular work assignments as employees of the City.
Contacts between the steward and employees or the Unioh shall be made'
outside of working hours so as not to disrupt regular City operations. A
preliminary investigation of an issue that could lead to a grievance can occur
during work hours as long as it can be completed in a reasonable amount of
time and a supervisor, Department Head or Human Resources has been
informally notified prior to the Steward assisting in the investigation.
ARTICLE XIII
SENIORITY
Section'1. Senioritv. Seniority shall be a full-time employee's length of
continuous service with the bargaining unit, dating from his/her last date of
hire, and shall apply by job classification within his/her department in the
matter of layoff, recall and vacation. Seniority for regular part-time employees
shall be accrued based on their equivalent-number of hours worked rather than
on calendar months or years (for example, a regular part-time employee who
started work on January 2nd and worked exactly 30 hours every week, would
have nine months seniority as of the next January 2nd).
In the event of layoff, such employee may exercise his/her seniority in a lower
job classification within the department provided that employee is qualified by
prior training or experience to do the work of the lower job classification.
Recall from layoff shall be in the reverse order of seniority. The City reserves
the right to layoff out of the order of seniority if in the City's judgment,
retention of special job skills is required. Seniority shall continue to accrue
during, 1) authorized sick leave or disability leave up to ninety (90) calendar
days; 2) vacation leave; 3) authorized compensatory time off; 4) educational
leave required by the City; 5) funeral leave; 6) jury duty; and 7) promotion to
a supervisory position outside of the bargaining unit for two (2) years.
Section 2. Susoension of Seniority. Seniority shall'be retained, but shall
not continue to accrue during 1) authorized sick leave or disability leave in
excess of ninety (90) calendar days; 2) educational leave requested by the
employee; 3) military leave; or 4) other authorized leaves of absence up to
15
ninety (90) calendar days.
Section 3. Termination of Senioritv. Seniority and the employment
relationship shall be broken or terminated if an employee 1) quits; 2) is
discharged for just cause; 3) is absent from work for three (3) consecutive
working days without notification to the City; 4) is laid off and fails to report to
work within three (3) days after being recalled, 5) is laid off from work for any
reason for twenty-four (24) months, or for a period of time equal to his/her
seniority, whichever is shorter; 6) fails to report for work at the termination of
a leave of absence; 7) if, while on a leave of absence for personal health
reasons, accepts other employment without permission; or 8) if he/she is
retired.
Section 4. Probationary Period. The probationary period is an integral part
of the employee selection process and provides the City with the opportunity to
upgrade and improve the department by observing a new employee's work,
training, aiding new employees in adjustment to their positions, and by
providing an opportunity to reject any employee whose work performance fails
to meet required work standards. Every new employee hired into the
bargaining unit shall serve a probationary period of twelve (12) full months
after which they shall be considered a regular employee and granted seniority
to the last date of hire. The Union recognizes the right of the City to terminate
probationary employees for any reason and to exercise all rights not
specifically modified by this Agreement with respect to such employees,
including, but not limited to, the shifting of work schedules and job
classifications, the assignment of on-the-job training, cross-training in other
classifications, and the assignment to educational courses and training
programs, the requirement that such employees attend training programs on
their off-duty time for which they will be compensated on a straight-time basis
,by the' granting of compensatory time off. Termination of a probationary
employee shall not be subject to the grievance procedure under Article XII.
Section 5. Promotional Probationary Period. Regular employees
promoted into a higher classification shall serve a promotional probationary
period of six (6) full months. The Union also recognizes the right of the
employer to demote an employee on promotional probationary status to the
highest previous position. Demotion of an employee on promotional
probationary status shall not be subject to the grievance procedure under
Article XII.
Section 6. Lavoff and Recall. Recall from layoff exceeding five (5) work
days shall be by certified letter sent to the employee at his/her last known
address furnished to the City by the employee. The City may use any other
means to return an employee sooner.
Section 7. Trainina Oooortunities. In order to encourage advancement
16
.
within City employment, employees and their supervisors are encouraged
during the evaluation process to discuss training opportunities available to the
employee to update skills or develop additional skills to qualify for promotion.
Section 8. Job Announcements. The City agrees to post announcement of
vacancies in full-time positions within this unit in City Hall in the employee's
lunchroom and upstairs on the bulletin board in the foyer at the top of the
stairs for a minimum of five (5) working days prior to the final filing date for
the position.
Section 9. Reaular Emolovee. A regular full-time employee is one hired for
an indefinite tenure, not limited at time of hire by a stated term or for a
specific project.
Section 10. A regular part-time employee is one whose regular workweek is
twenty (20) hours or more, not limited at time of hire by a stated term or for a
specific project. Regular part-time employees' cumulative work hours shall
not exceed thirty (30) hours per week, except relief for a regular full-time
employee who is expected to return (i.e., vacation, sick leave, etc.) or unless
hours are extended by mutual agreement.
Section 11. Reaular Part-Time Emolovee Benefits. Regular part-time
employees shall accrue and be allowed vacation and sick leave with pay on a
pro-rated schedule, based on their hours worked using the hourly equivalent
accrual rate for full-time employees, holiday pay only if the holiday occurs
during their normally scheduled hours, and premiums for the employee only
paid by the City for health related insurance.
Section 12. Part-Time and Temoorarv Emolovee Comoensation and
Probationary Period. Part-time and temporary employees in a classification
covered by this Agreement shall be compensated in accordance with this
Agreement.
ARTICLE XIV
GENERAL PROVISIONS
Section 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, sex, age or national origin. The Union shall share
equally with the City the responsibility for applying the provisions of this
section. All reference 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 Union or any other labor organization, or to
refrain from any or all such activities, and there shall be no discrimination by
either the City or the Union by reason of the exercise of such right except as
17
specifically provided herein. Nothing in this Agreement shall be construed as
precluding or limiting the right of an individual employee to represent them self
in individual personal matters.
Section 2. Bulletin Boards. The City agrees to furnish and maintain a
suitable bulletin board in a convenient place in the work or assembly area to be
used by the Union. The Union shall limit its postings of Union notices and
bulletins to such bulletin board, which shall be used only for the following
Union notices and bulletins:
a. Recreational and social affairs of the Union
b. Union meetings
c. Union elections
d. Reports of Union committees
e. Rulings or policies of the International Union
Section 3. Visits bv Union Reoresentatives. The City agrees that
accredited representatives of the International Brotherhood of Electrical
Workers, Local Union 659, 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 administration of this Agreement, if they first
obtain permission to do so from the City Administrator or his/her designated
representative.
Section 4. Solicitation. The Union agrees that its members will not solicit
membership in the Union or otherwise carry on Union activities during working
hours, except as specifically provided in this Agreement.
Section 5. ExistinQ Conditions. Only such existing and future working rules
and benefits as are specifically covered by the terms of this Agreement shall be
affected by recognition of the Union and execution of this Agreement. It is
further agreed that if modification of work rules or benefits covered by a
specific provision of this Agreement is proposed any such modification shall be
posted prominently on all bulletin boards for a period of seven (7) consecutive
days prior to implementation.
Section 6. Other Emolovment. Outside employment shall be permitted
only with the express prior written approval of the City, which may at any
time, upon reasonable grounds, revoke permission to hold such outside
employment.
Section 7. Suoervisorv Emolovees. It is understood that supervisory
employees not covered under this Agreement shall not perform work within the
jurisdiction of the Union except in the case of an emergency, or when 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, or for purposes of instruction or training.
18
Section 8. Uniforms. Protective Clothina and Devices. If an employee is
required to wear a uniform, protective clothing or use any type of protective
device, such article shall be provided, maintained and cleaned by the City.
Replacements shall be provided by the City upon surrender of the article, at no
cost to the employee. Lost articles or damage to articles due to negligence,
shall be reimbursed to the City by the employee. The City shall provide a safe
place for the storage of such articles. Failure of an employee to wear such
required uniform, protective clothing, or use such protective device as
prescribed by the City shall be cause for disciplinary action as set forth in
Article XI hereof.
ARTICLE XV
CLASSIFICATIONS - WORK RULES - SAFETY
Section 1. Classifications and Descriotions. The general classifications of
labor which shall be recognized throughout this Agreement, shall be those set
forth in "Appendix A."
Section 2. Safety Rules. The Federal regulations and the Safety Rules of
the State shall be observed and copies shall be made available by the City and
the Union. The rules provide the minimum standards of safety to be observed
by the City and the employee.
ARTICLE XVI
HEALTH. WELFARE AND RETIREMENT
Section 1. Health and Welfare. The City agrees to pay ninety-five
percent (95%) of the premium for employee and/or family coverage through
the term of this agreement for the following health and welfare plans. The
employee agrees to pay five percent (5%) of the premium, to be deducted
from the employee's check through regular payroll deductions. The parties
recognize this agreement is to provide the insurance plans. Plan benefits
are subject to annual adjustments. Nothing in this agreement shall be
deemed a limitation on the annual plan benefit adjustments. In the event
the plan is no longer offered, then both Union and City of Ashland shall
mutually agree on a new plan. Those plans and employee/family coverage
levels are:
(a) Blue Cross/Blue Shield of Oregon Plan V-A PPP Health Insurance
- employee and family coverage through December 31, 2009.
*Effective January 1, 2010, the union agre~s to change to Blue
Cross/Blue Shield of Oregon Plan V-B PPP with a $200
19
deductable.
(b) ODS Dental Plan III - employee and family coverage.
(c) Vision Services Plan - employee and family coverage.
(d) Life Insurance - employee ($20,000) and dependent ($1,000)
coverage.
(e) Long Term Disability Insurance - employee only.
(f) City paid reimbursement for routine physical exams for
employee/dependents, if such coverage is not provided by (a),
above:
Age 2-18 once every 3 years up to $100.
Age 19-34 once every 5 years up to $175.
Age 35-59 once every 2 years up to $175.
Age 60+ once every year up to $175.
(g) City paid reimbursement for routine well-baby care, if such
coverage is not provided in (a), above, to include first in-hospital
exams; six doctor's office exams the first year; three exams the
second year up to $100 each exam (includes exam, inoculations
and x-ray expenses).
(h) Mercy Flights' insurance for flight transport only - family coverage.
If an employee desires to upgrade the insurance plan to provide
for all medical transport, City agrees to administer payment of the
additional premium through a payroll deduction.
(i) Participation in an IRC 9125 plan for pre-tax health insurance
premium contributions and flexible spending account options for
eligible health and dependent care expenses.
Section 2 Insurance Committee. The Union and the City jointly recognize
the escalating cost 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 one member appointed
by the bargaining unit. The committee will meet at the option of either the
City or the Union, will review insurance options and make recommendations
related to controlling costs.
Section 3. 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 (1/2) of unused
sick leave will be applied to retirement as provided in ORS. The City will
assume or pay the employee contribution required by ORS 237.071 for all
20
employees covered by this Agreement at a uniform rate of six percent (6%),
Section 4. Medical Coveraae for Retirees. Any employee retiring after
July 1, 1,992, and before June 30, 2006, with twenty (20) or more years of full-
time service with the City, and who is age 60 or older, shall be eligible for a
monthly payment of $60.20 towards Blue Cross MediCheck 65 insurance
coverage or its equivalent. This payment shall be available to age 65 and must
be requested by the employee in writing no later than 90 days following the
date of retirement and no sooner than 90 days prior to the date of retirement.
A joint committee of two members from the City and two members of the
Union will meet and review annually the retiree medical payments during the
term of the Agreement with the intent of mutual consent to improvements in
that program.
Section 5. Deferred Comoensation. The City agrees to contribute up to
$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 matching contribution paid by
the member.
Section 6 HRA-VEBA CONTRIBUTION The City will begin contributing 1% of
salary into HRA-VEBA for each member of the bargaining July 1, 2009.
Section 7. P.E.R.S. Initial Six Month WaitinQ Period. If a member of the
unit retires with 20 years of continuous service with the City and the employee
has only one P.E.R.S. waiting period, the City shall fund the purchase of the
P.E.R.S. initial six month waiting period upon retirement.
ARTICLE XVII
WORKER'S COMPENSATION
Section 1. Worker's Comoensation. All employees will be insured under
the provisions of the Oregon State Worker's Compensation Act for injuries
received while at work for the City.
Section 2. Suoolementarv Pavment. Compensation paid by the City for a
period of sick leave also covered by Worker's Compensation shall be equal to
the difference between the Worker's Compensation pay for lost time and the
employee's regular wage rate.
ARTICLE XVIII
LIABILITY INSURANCE
21
The City shall purchase liability insurance in the maximum amounts set forth in
ORS 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 premium for such insurance shall by paid by the City.
ARTICLE XIX
SAVINGS CLAUSE AND FUNDING
Section 1. Savinas 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 this Agreement.
Section 2. Fundina. The parties recognize that revenue needed to fund the
wages and benefits provided by the Agreement must be approved annually by
established budget procedures and, in certain circumstances, by vote of the
citizens of the City. All such wages and benefits are, therefore, contingent:
upon sources of revenue and, where applicable, annual voter budget approval.
The City has no intention of cutting the wages and benefits specified in this
Agreement because of budgetary limitations, but cannot and does not
guarantee any level of employment in the bargaining unit covered by this
Agreement. The City agrees to include in its annual budget request amounts
sufficient to fund the wages and benefits provided by this Agreement, but
makes no guarantee as to passage of such budget request or voter approval
thereof.
ARTICLE XX
TERMINATION & REOPENING
This Agreement shall be effective as of the 1st day of July, 2009 and shall
remain in full force and effect until the 30th day of June, 2012 and shall
terminate all prior Agreements and practices and concludes all collective
bargaining during the term of this Agreement, and provided that:
On June 30th of 2010 and June 30th of 2011 the Agreement may be opened to
renegotiate the terms and conditions of wages and the HRA-VEBA contributions
only. Either party wishing to initiate a re-opener on either of the items
stipulated shall notify the other party in writing prior to January 1st of 2010
and 2011.
This Agreement shall be automatically renewed from year to year thereafter
22
unless either party shall notify the other in writing not later than ninety (90)
days prior to the expiration or subsequent anniversary date that it wishes to
modify this Agreement for any reason. Such notification shall include the
substance of the modification and the language with which such desired
modifications are to be expressed. In the event that such notice is given,
negotiations shall begin not later than thirty (3D) days after said notice. This
Agreement shall remain in full force and effect during the period of
negotiations.
23
APPENDIX "A"
Building Inspector
Engineering Technician III/Assistant Surveyor
Staff Accountant/Project Coordinator
Associate Planner/Housing Program Specialist
Engineering Assistant
Account Representative
Engineering Technician II/GIS Specialist
Conservation Analyst
Assistant Planner
Computer Technician
Engineering Technician I/GIS Data Technician
Account Clerk II
Account Clerk I
Secretary
Clerk II
Clerk I
Code Compliance Specialist
24
APPENDIX "B~
CLERICAL/TECHNICAL
WAGE SCHEDULE
7/1/09
Hourly
Buildino Insoector
First 6 month
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$23.5252
$24.9148
$26.4678
$28.0477
$29.7369
Enoineerino Tech III/ Assistant Surveyor
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$24.7196
$25.9425
$27.2573
$28.6247
$30.0449
Staff Acct/ Pro] Coord
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$22.6671
$24.0157
$25.4596
$26.9853
$28.8927
AssoCiate Planner
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$21.5773
$22.7488
$23.8930
$25.3506
$26.6311
Housino Prooram Soclst
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$23.5501
$24.8987
$26.2225
$27.9298
$29.4145
25
7/1/09
Hourly
Enoineerino Assistant(l)
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$21.5773
$22.7488
$23.8930
$25.3506
$26.6311
Account Reoresentative
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
Enoineerino Tech II/GIS Soecialist
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$21.1278
$22.7488
$23.8930
$25.3506
$26.6311
$20.2425
$21.5366
$22.8578 '
$24.2201
$25.6366
Conservation Analvst
First 6 months
Next 12 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$16.9356
$19.8809
$21.9057
$23.2074
$24.5750
$26.1265
Assistant Planner
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$16.9595
$18.0220
$19.0845
$20.2425
$21.4819
26
Computer Technician
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
EnQineerinQ Tech I
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
7/1/09
Hourly
$18.6317
$19.5653
$20.5513
$21.5770
$22.6684
$16.2781
$17.2642
$18.2807
$19.4114
$20.6238
Account Clerk II (includes Court Clerk II)
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter '
Account Clerk I (includes Court Clerk I)
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
Secretary
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
27
$18.6624
$19.6446
$20.6787
$21.7671
$22.9129
$14.9843
$15.7607
$16.7824
$17.8040
$18.8802
$14.2759
$15.1205
$16.0331
$17.0004
$18.0630
7/1/09
Hourly
Clerk II
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$13.2952
$14.0445
$14.9435
$15.8288
$16.7824
Clerk I
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$11.4969
$12.1373
$12.8456
$13.6764
$14.4531
Code Compliance Spclst
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$16.5644
$17.4499
$18.3761
$19.3297
$20.3513
28
Wages shall be adjusted in accordance with the following:
Both parties agree to no Cost of Living Adjustment July1, 2009, but will have the
option to re-open the contract for wages and HRA VEBA contributions June 30th of
2010 and June 30th 2011.
NOTE: All rates are salary hours. Monthly rates are for information purposes only.
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL UNION
#659
By:
Ron Jones, Business Manaqer
Date:
CITY OF ASHLAND, OREGON
Date:
APPROVED: International Office IBEW,
Washington, D.C.
APPROVED: Ashland City Council
By:
Date:
By:
Date:
29
CITY OF
ASHLAND
Council Communication
Approval of a Special Procurement Polymer for WWTP
Meeting Date:
Department:
Secondary Dept.:
Approval:
July 21,2009
Public Works
Purchasing
Martha Bennet
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Micheal Faught
faughtm(@ashland.or.us
David Gies
Consent Agenda
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Special Procurement for the
acquisition of Poly dyne ClariflocC-6286 (polymer) for a term of three (3) years?
Staff Recommendation:
Staff recommends that the Special Procurement for polymer be approved for a term of three (3) years,
beginning July I, 2009 and ending June 30, 2012.
Background:
A Special Procurement is basically a contracting procedure that differs from the procedures required
for an Intermediate Procurement (3-written quotes), Invitation to Bid or Request for Proposal. The
proposed procedure being recommended is direct award per the attached Request for a Special
Procurement.
For more information, please see the attached Request for a Special Procurement.
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the Special Procurement or
decline to approve the Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve the request for a Special
Procurement.
Attachments:
Request for a Special Procurement
Page I of I
~~,
FORM #9
CITY OF
ASHLAND
REQUEST FOR APPROVAL
SPECIAL PROCUREMENT
To:
City Council, Local Contract Review Board
From:
Michael Faught
Date:
July 14, 2009
Subject:
REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and 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 ORS 279B.085(4).
1, Requestiog Departmeot Name:
Waste Water Treatmeut Plant
2. Department Contact N am~:
Michael Faught
3, Type of Request:
Class Special Procurement
X Contract-specific Special Procurement
4. Time Period Requested: From
Julv I. 2009
To:
June 30. 2012
5. Total Estimated Cost: Approximatelv $46.000 per fiscal year for a total of$138.000
6. Supplies and/or Services or class of Supplies and/or Services to be acquired
The chemical being acquired is Polvdvne ClarifIoc C-6286 (Polvmer). This chemical is used at the
WWTP to assist with the "thickening" ofbiosolids which removes excess water from the solids. The
excess solids that are generated are in the 1-2% range and after being treated with this polvmer, the
solids are thickened to approximate Iv 20%. Therefore, fewer loads ofbiosolids are hauled to Dry
Creek Landfill as a result of using this polymer.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Not all Dolymer works the same. Finding the right polymer product is done bv testing the solids and
doing "iar tests" to see what works best for a specific application. When the WWTP reconstruction
was complete, numerous manufacturers of polymer products were contacted and "iar tests" were
performed using the different polymers. It was determined at that time that the Polvdvne ClarifIoc C-
6286 was the best product for this application. And, since that time, this product has continually been
Form #9 . Special Procurement - Request for Approval, Page 1 of 4, 7/15/2009
~ffective in thickening the biosolids. Therefore, the contracting procedure being proposed is "direct
award" for a term of three fiscal vears.
8. Justification for use of Special Procurement: Describe the circumstances that justifY the use of a
Special Procurement. Attach relevant documentation.
"Jar tests" were performed using various polymers provided bv numerous manufacturers. And, at that
time, it was determined that the Polvdvne Clarifloc C-6286 was the best product for this application.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
It is unlikelv to diminish competition, because numerous manufacturers were contacted when the ";ar
tests" were performed using the different polymers, and it was determined at that time, after testing
various polymers. that the polymer manufactured bv Polvdvne was the best fit for the application,
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
(b)(i) will result in substantial cost savings to the contracting agency or to the public because:
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
X (b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 2798.055, 2798.060, 2798.065,
or 2798.070, or any rules adopted thereunder because:
At this time, there is no need to conduct "jar tests" in search of another polymer that will perform in
the same manner. The polymer being used has continued to perform well and is meeting the needs of
the WWTP.
(Please pro"7de specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Form #9 - Special Procurement - Request for Approval, Page 2 of 4,7/15/2009
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods
or Services to be acquired through the Special Procurement. The Contracting Agency shall
give such public notice of the approval of a Special Procurement at least seven (7) Days
before A ward of the Contract.
Date Public Notice first appeared on www.ashland,oLus . July 22,2009
**"PENDlNG COUNCIL APPROVAV**
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: July 22, 2009
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on July 21,2009.
This "Contract-specific" Special Procurement has been approved for a three (3) year term
and is being directly awarded to Polydyne Inc. for the acquisition of Poly dyne Clarifloc C-
6286 (Polymer). This chemical is used at the WWTP to assisi with the "thickening" of
biosolids which removes excess water from the solids. The excess solids that are
generated are in the 1-2% range and after being treated with this polymer, the solids are
thickened to approximately 20%, Therefore, fewer loads ofbiosolids are hauled to Dry
Creek Landfill as a result of using this polymeL
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 2798.055, 2798.060,
2798.065, or 2798.070,
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland, Kari Olson, Purchasing
Representative, 90 N. Mountain Avenue, Ashland, OR 97520 The seven (7) protest
period will expire at 5:00pm on July 29, 2009,
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Fonn #9 - Special Procurement - Request for Approval, Page 3 of 4,7/1512009
Authority to enter into a Special Procurement:
AMC 2.50.070 Procedures for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the A/lorncy General
Model Rules, OAR Chapter 137 Divisions 46 - 49. exceptlorthe/allolVing:
G. Special procurements as .'leI forth ORS 2798.085 and herein
279B.085 Special procuremellts. (I) As used in this section and OR!)' 27f.!B.400:
(a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS
2798.055. 2798.060, 2798.065 and 2798.070 and is for the purpose of entering into a series of contract.\' ovcr time or for
multiple projects.
(b) "Contract-5pecific special procurement" means a contracting procedure that differs from the procedures described in
ORS 279B.055, 2798.060, 2798.065 and 2798.070 and isJor the purpose oj elllering into a single contract or a number oj
related colllracts on a one-time basis or Jor a single project.
(c) "Special procurement" means, unless the cont€f...r;t requires othenvise, a class special procuremelll, a COli tract-specific
special procurement or both.
(2) Except as provided in subsection (3) oj this section, to seek approval oj a special procuremelll, a cOlllracting agency
shall submit a written request to the Director oJthe Oregon Department oj Administrative Services or the local contract review
board, as applicable, that describes the cOlllracting procedure, the goods or services or the class oj goods or services that are
the subject oj the special procurement and the circumstances that justifY the use oj a special procurement under the standards
setJorth in subsection (4) oJthis section.
(3) When the contracting agency is the office oJthe Secretary oJState or the office oJthe State Treasurer, to seek approval
oJa special procuremelll, the cOlltracting agency shall submit a written request to the Secretary oJState or the State Treasurer,
as applicable, that describes the cOlllracting procedure, the goods or services or the class oj goods or sen'ices that are the
subject oj the special procurement and the circumstances that justify the use oj a special procuremelll under the standards set
Jorth in subsection (4) oJthis section.
(4) The director, a local colllract review board, the Secretary oj State or the State Treasurer may approve a special
procuremelll if the director, board, Secretary oj State or State Treasurer finds that a written request submilled under
subsection (2) or (3) oj this section demonstrates that the use oj a .\pecial procurement as described in the request, or an
alternative procedure prescribed by the director, board, Secretary oj State or State Treasurer:
(a) Is unlikely to encourageJavoritism in the awarding oJpublic contracts or to substantially diminish competition for
public contracts; and
(b)(A) Is reasonably expected to result in substantial cost savings to the cOlllracting agency or to the public; or
(B) Othenvise substantially promotes the public interest in a manner that could not practicably be realized by complying
with requirements that are applicable under ORS 279B.055, 279B.060, 2798.065 or 2798.070 or under any ndes adopted
thereunder.
(5) Public notice of the approval of a special procurement must be given in the same manner as provided in ORS
2798,055 (4),
(6) If a cOlllracting agency illlends to award a contract through a special procurement that calls for competition among
prospective contractors, the contracting agency shall award the contract to the offeror the cOlllracting agency detennines to be
the most advalllageous to the cOlllracting agency.
(7) When the director, a local contract review board, the Secretary oJState or the State Treasurer approves a class special
procurement under this section. the contracting agency may award contracts to acquire goods or services within the class of
good') or services in accordance with the terms of the approval without making a subsequent request for a !Jpecial
procurement. [2003 c.794 ,\'57: 2005 c./03 ,'8d: 2007 c.764 Pi
OAR 137-047-0285 Special Procllremellt.s
(I) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS
2798.085,
(2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authoritys approml of a Special
Procuremelll in the same manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300.
The public notice shall describe the Good\' or Services or class of Goods or Services to be acquired through the Special
Procurement. The COlllracting Agency shall give Affected Persons at least seven (7) days from the date of the notice of
approval of the Special Procurement to protest the Special Procurement.
(3) Protest. An Affected Person may protest the request for approval of a Special Procurement in accordance with ORS
2798.400 and OAR /37-047-0700,
Form #9 - Special Procurement - Request for Approval, Page 4 of 4,7/1512009
CITY OF
ASHLAND
Council Communication
Update on Two ARRA Funded Public Works Improvement Projects
Meeting Date: July 2],2009 Primary Staff Contact: James Olson
Department: Public Works E-Mail: olsoni(cilashland.or.us
Secondary Dept.: Finance Secondary Contact: Mike Faught
Approval: Martha Benn Estimated Time: Consent Agenda
Question:
Does the Council have questions regarding two ARRA (American Recovery and Reinvestment Act)
funded public works improvement projects?
Staff Recommendation:
This is not an action item and requires no decision to be made by the Council. Staff is prepared to
answer any questions regarding the following two ARRA projects:
]. Hersey Street: Oak Street - Ann Street Sidewalk Re-construction Project No. 2007-07
2. Ashland City Streets: Pavement Overlay Project No. 2009-] ]
Background:
Hersey Street Sidewalk Reconstruction
On April 7, 2009 the Council approved two intergovernmental agreements (IGA's) with ODOT,
whereby the City was awarded grants for funds for two public works improvement projects under the
American Recovery and Reinvestment Act (ARRA).
The City was awarded a $200,000 grant under a special ]20-day allocation for the reconstruction of the
sidewalk on Hersey Street to create a fully ADA compliant sidewalk from Oak Street to Ann Street.
Ashland was the only city in the RVMPO to be awarded the ]20-day allocation of funds. Acceptance
of this grant, however, placed a burden on the City to deliver not only the] 20-day project, but the
overlay project at an accelerated schedule.
The terms of the ]20-day allocation project required that the project be approved and ready to meet a
June] 6,2009 bid opening date, and that the overlay project be fully obligated by June 29, 2009. City
and ODOT staff worked together to meet this tight time schedule and the Hersey Street project was bid
on schedule,
A total of five bids were received on the project with the low bid being submitted by Copeland
Construction, LLC, a firm that we have worked well with in the past. Copeland's bid was for
$] 03,838.94, approximately $60,000 under the engineers estimate and $96,] 6] under the total grant
allocation.
ODOT has indicated that the full amount of the grant allocation, less engineering fees, will be available
for use on the Hersey Street project or possibly on other transportation related projects. Staff wi II meet
with ODOT and the engineering to determine a suitable project for the remaining $60,000.
Page 1 of2
r~'
CITY OF
ASHLAND
Street Overlavs
Development of the street overlay project has also proceeded according to the previously identified
schedule and bids will be opened on July 16, 2009. It is expected that, like the Hersey Street project,
bids may be less than the engineers estimate. Ifbids are less than anticipated, staff is prepared to add
additional streets or other related work to the contract.
Related City Policies:
The City, through its City Council, is empowered to enter into agreements with other governmental
agencies regarding acceptance of federal funds, other grants, or other offers.
Council Options:
Not applicable
Potential Motions:
Not applicable
Attachments:
None
Page 2 of2
~.l'
CITY OF
ASHLAND
Council Communication
Ratification of Labor Contract with the Ashland Police Association
Meeting Date:
Department:
Secondary Dept.:
Approval:
7/21/2009
Admin.lPolice Dep ment
Police Depart t
Martha Benne
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
Terry Holderness
Consent
Question:
Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the
Ashland Police Association?
Staff Recommendation:
Staffrecommends that the Council authorize the City Administrator and Mayor to sign the labor
contract, ratifying the tentative agreements reached in negotiations.
Background:
The current labor contract with the Ashland Police Association employees expired on June 30, 2009.
The City reached tentative agreement in one session with this bargaining group due to their
understanding of the City's financial situation and willingness to work within our current budget
constraints.
The al!reement calls for:
. No cost of living adjustments/increases in 2009.
. A change in health plan to a $200 deductible Preferred Provider Option plan on 1/1/2010, which
will result in a reduction in City benefit costs.
. Establishment of an Health Reimbursement Arrangement/Voluntary Employees' Beneficiary
Association (HRA-VEBA) program 7/1/09, with 1 % of salary being contributed tax-free by the
City for each member of the bargaining unit to help offset increased costs due to change in health
benefits.
. Provisions which allow either party to re-open the contract to negotiate wage increases and HRA-
VEBA contributions in the second or third year of the contract. In the event the City agrees to or is
required by arbitration to increase the base wage rates paid by more then 0% or VEBA by more than
1% to the Ashland Firefighters Association, effective Julyl, 2009, the Association shall have the right
to reopen.
. Increase to the City's matching contribution to employee's Deferred Compensation Account (up to
$40/month) similar to existing programs with other bargaining units.
. Establishment of a non-use of sick leave incentive consistent with other City bargaining groups.
. Increased the maximum footwear/reimbursement to $175 per year.
. Minor language changes to reflect current business practices.
Related City Policies:
None.
Page 1 of2
r~'
CITY OF
ASHLAND
Council Options:
Approve the Labor Agreement as presented.
Delay approval of the Labor Agreement and provide staff new direction.
Potential Motions:
Move approval of the labor agreement between the City of Ashland and the Ashland Police
Association and authorize the City Administrator and Mayor to sign the labor contracts, ratifying the
tentative agreements reached in negotiations
Attachments:
Ashland Police Association Contract
Page 2 of2
r.l'
AGREEMENT
CITY OF ASHLAND
And
ASHLAND POLICE ASSOCIATION
July 1, 2009 - June 30, 2012
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
2.11 Discipline Notices..... ........................... ................................ ........... 9
ARTICLE III - MANAGEMENT RIGHTS ..................................................................................... 10
ARTICLE IV - STRIKE PROHIBITION......................................................................................... II
ARTICLE V - HOLIDAYS .............................................................................................................. 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........... ...................................................... ...............................:...... ........... ] 3
6.2 Continuous Service ................................................................................................... 13
6.3 Accrual Limitations .................................................................................................. 13
6.4 Scheduling......................................................... ..................................... .............. ..... ] 4
(A) Bid............. .................................................... .................................. ........... ........ ] 4
(B) Other Requested Time Off................................................................................. 14
6.5 Payment on Termination ...'....................................................................................... ]4
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
City of Ashland/ 2
Ashland Police Association
CBA 2009.20xx
7.7 Meal Period ............................................................................................................... 16
7.8 Overtime ............. ........................... ............................ ............. .............. .................... 16
7.9 Call-back Time ......................................................................................................... 17
7.10 Compensatory Time.................................................................................................. 17
7.11 Shift Trades. .............................................................................................................. 18
ARTICLE VIII - SICK LEA VE........................................................................................................ 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. I 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 D PSST Certification . ................... ..................................... .................... ................ .....23
10.6 Special Assignment Pay .............................................................................................23
10.7 Wage Reopener .......... ................................ ............ ........ ........ ........ 26
10.8 HRANEBA Reopener .................................................................... 26
ARTICLE XI - DISCIPLINE ............... .......................... .............................. .................. ............. ....... 27
ARTICLE XII - SETTLEMENT OF DISPUTES ............................................................................. 30
12.1 Grievance and Arbitration Procedure
Step I 28
Step II 28
Step III 28
Step IV 28
ARTICLE XIII - SENIORITY ...........:............................................................................................... 30
City of Ashland!
Ashland Police Association
CBA 2009.20xx
3
13.1 Definition of Seniority ............................................................................................... 30
13.2 Layoff and Recall............... .................................................... ................ .................... 30
13.3 Suspension of Seniority ............................................................................................. 30
13 .4 Termination of Seniority................ ................... .............................. ........................... 30
13.5 Probationary Period ................................................................................................... 31
13.6 Notice of Recall from Lay-off Status ........................................................................ 31
ARTICLE XIV - PROMOTIONS ..................................................................................................... 33
14.1 Testing.......... ................................ ..................................................... ............ ..............33
14.2 Promotional Probationary Period .............................................................................. 34
ARTICLE 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.....................................................................................................33
15.5 Uniforms, Protective Clothing and Devices.............................................................. 34
15.6 Educational Allowance....... ............................................................ ........................... 34
15.7 Position Description................................................................................................... 34
15.8 Personnel File............................................................................................................. 34
(A) Inspection......... ....................................................... ............................................ 34
(B) Employee Signature ............................................................................................ 34
15.9 Training.............................. .............................................................. ................ .......... 35
15.10 Travel Time for Training and Other Off-Site Activities ........................................... 35
15.11 Fitness for Duty.......................................................................................................... 35
ARTICLE XVI - HEALTH, WELFARE & RETIREMENT ........................................................... 36
16.1 Health and Welfare .................................................................................................... 36
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 COMPENSA nON ................................. 44
City of Ashland/
Ashland Police Association
CBA 2009.20xx
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 Councilor 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 2009.20xx
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 2009.20xx
6
ARTICLE I - RECOGNITION
1.1 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 immediately above.
1.2 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.
ARTICLE II - 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 (15th) 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 (15th) of the succeeding month.
2.3 Relil!ious Obiection. 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 (15th) 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 of this 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,
City of Ashland!
Ashland Police Association
CBA 2009-20xx
7
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
D. Reports of Association committees
E. Rulings or policies of the International Association
F. Communications 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 working 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
administration of this Agreement, if they first obtain permission to do so from the Police Chief or
hislher designated representative. In no case will such access be unreasonably denied.
2.10 E-Mail Usal!e. The Association and Association representatives shall be allowed to use
City e-mail to communicate 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.
2.11 Disciplinarv Notices. The city will provide the Association President or representative if
the Association President is not available, copies of all disciplinary notices within 24 hours of the
issuance of such notice to an employee within the bargaining unit. This notice shall be in writing
City of Ashland! 8
Ashland Police Association
CBA 2009-20xx
and be delivered in person unless both the Association President and the Management
representative handling the discipline mutually agree upon another form of service. As long as
good faith efforts are made to satisfy the notice requirements of this section unintentional failure to
comply will not invalidate the discipline or discharge.
City of Ashland/
Ashland Police Association
CBA 2009~20xx
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.
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 I
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.
ARTICLE V - HOLIDAYS
5.1 Recol!nized Holidavs. The following shall be recognized as Holidays:
New Years Day (January I)
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 I I)
Thanksgiving Day (4th Thursday in November)
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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 I 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 I to December I 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.
ARTICLE VI - VACATIONS
6.1 Elil!ibilitv. An employee shall be eligible to take accrued vacation leave with pay after one
(I) 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
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 third (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 third (12.67) hours of vacation
credit for each calendar month of service (19 working days maximum).
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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.
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 hislher immediate supervisor fifteen (15) days in advance ofhislher 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
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 I st and will be closed as
of January I 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.
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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 his/her 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.
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, or a twelve (12) hours shift as mutually agreed
upon by the Association and as determined by the City consistent with operational needs.
7.2 Workday. The workday shall consist of an eight (8) or ten (10) hour or twelve (12) hours
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. Ifless 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 or a 12 hour work schedule agreed
upon by both the City and the association. If the employees are scheduled to work a twelve hour
schedule they will receive over time pay for any time worked over eighty hours in a two week pay
period (14 day pay period).
An employee may, upon approval of his/her supervisor, work a s"heduled day off in exchange for
another day off during their regular workweek. However, the following conditions must be met to
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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 (I 68 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 (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
(I 0) days' notice is required. Employees will normally 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 1st and ending
on December I st. Employees will be awarded shifts within the classification they are assigned,
based on classification seniority. Prior to or during the bidding process, no shift with days off can be
reserved for probationary or new hires. Prior to or during the bidding process, notation must be
made to leave a specified number of shifts with days off vacant for probationary or new hires.
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.
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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 Meal 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 (I 1/2) times their regular rate for overtime work by the
City under the following conditions:
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 and all assigned work in excess of
twelve (12) hours on any scheduled workday for employees who are scheduled to
work a twelve (12) 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 swom
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 ofthis 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 with a
guaranteed minimum of four (4) hours at the overtime rate for the work for which they are called
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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. When an employee is on call-back, once the employee has completed the specific
task (for example to appear at a legal proceeding or attend a meeting) for which the employee
was called back, then they are free to leave. This section applies only when call-back results in
hours worked which are not annexed consecutively to or that overlaps 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 brief routine 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.
B. Minimum staffing shall remain at two (2) officers and one (J) 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.
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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 accme 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 Iniurv. Employees may utilize their accmed 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 hislher 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 concem (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 iIp to twelve (12) weeks, per calendar year, paid sick leave for the
employee to care for an ill or injured family member and for other OFLA qualifying purposes in
accordance with OFLA. For the purpose of this Section family member includes: spouse, children
(including step-children and foster children), parent, parent-in-law, grandchildren, grandparents,
"domestic partner" as defined in Article XVI, Section 16.1 and the children, grandchildren and
grandparents of such domestic partners.
8.3 Intel!ration 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 wi II be made against accmed 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 accmed 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 hislher sick leave bank.
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8,4 Sick Leave Without Pav. 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 his/her death or termination of employment, except as provided for in Article
XVI, Section 2.
8.6 Pay for Unused Sick Leave. All employees may elect to receive one-third (I/3) of their
unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in
December. If cash payment is not elected, the unused portion of sick leave will be added to
cumulative sick leave balance, or converted to accrued vacation at the option of the employee.
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
Chief thirty (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 bereduced 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 his/her
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 helshe 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
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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 ofthe department.
9.7 Educational Leave. After completing one (I) year of continuous service, an employee,
upon written request, may be granted a leave of absence without pay by the City for the purpose
of upgrading his/her professional ability through enrollment in 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 (I) 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.
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 OFLA 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 he/she prefers to utilize compensatory time or vacation time,
compensatory time will be utilized first, then vacation pay. FLMA and OFLA leaves will run
concurrently.
9.10 Compassionate Leave. An employee will be granted up to three (3) days compassionate
leave with regular pay in the event of death in his/her 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. I, parent, stepparent, children, stepchildren, brother, sister, grandparents,
mother-in-law or father-in-law and grandparent-in-Iaw. The employee will be paid his/her 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 his/her position with the City, and his/her position shall be declared
vacated; except and unless the employee, prior to the expiration of his/her leave of absence, has
furnished evidence that he/she is unable to work by reason of sickness, physical disability or other
legitimate reason beyond his/her control.
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ARTICLE X - COMPENSATION
10.1 Pav Schedule. Employees 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 July I, 2009, all bargaining unit base wages will be increased 0%.
Effective July I, 2009 the City shall establish a HRAlVEBA for each bargaining unit member and
shall deposit an amount equal to 1 % of the employees regular rate of pay into the account at the
beginning of each pay period.
10.2 Pav Periods. Employees 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 7.1 O. All overtime shall be recorded by
the employee and must be approved by the Police Chief or designated supervisor.
10.4 Standby Pav. An employee assigned to standby status to handle emergencies during
his/her off-duty hours and who is required to remain at his/her home, shall be paid at twenty (20)
percent of his /her 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 of5% or 8% of base rates, respectively. Effective July I, 2007,'
employees with an advanced certificate will receive a monthly allowance of 9% of base rates.
Effective July I, 2008, employees with,an advanced certificate will receive a monthly allowance of
10% of base rates.
10.6 Special Assil!nment 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 Charl!e. Any employee on active duty designated by the City as acting
in capacity in a higher level position other than his/her regular job classification shall
receive 10% additional pay above his/her 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
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Officer 5% plus Officer in Charge 5%).
C. Other Special Assil!nments. Special Assignments, including Motorcycle Officer,
School Resource Officer, DARE Officer, Survival Skills Instructor during the timc
they are actually involved in instructing other officers, and CAP Officer, shall be
compensated an additional five percent (5%) over their normal monthly rate, until
relieved of such assignment. Employees assigned to Police 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. C1othinl! 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.
10.7 Wage Reopener. In the event the City agrees to increase the base wage rates paid to
employees covered by the Collective Bargaining Agreement with the Ashland Firefighters
Association, Local #1269 by more then 0% effective Julyl, 2009 or the City is required to
increase the base wage rates of those employees by more then 0% or more as the result of an
interest arbitration award, the Association shall have the right to reopen Article 10. I of this
Agreement. Notice of intent to reopen must be made in writing and submitted to the Chief
no later than thirty (30) calendar days after the Agreement is signed or the interest
arbitration decision is issued. Either the City or the Association may reopen negotiation on
wage rates covered by this agreement on Julyl, 2010 and/or JulyI, 201 1. Notice of intent to
reopen must be made in writing and submitted no later June I of each year of the
Agreement.
10.8 HRANEBA Reopener. In the event the City agrees to increase the HRANEBA benefit
paid to employees covered by the Collective Bargaining Agreement with the Ashland
Firefighters Association, Local #1269 by more thenl% effective July I, 2009 or the City is
required to increase the HRANEBA benefit of those employees by more then I % or more
as the result of an interest arbitration award, the Association shall have the right to reopen
Article 10.1 of this Agreement. Notice of intent to reopen must be made in writing and
submitted to the Chief no later than thirty (30) calendar days after the Agreement is signed
or the interest arbitration decision is issued. Either the City or the Association may reopen
negotiation on HRANEBA contributions covered by this agreement on July 1,2010 and/or
July] 2011. Notice of intent to reopen must be made in writing and submitted no later June
1 of each year of the Agreement.
City of Ashland/
Ashland Police Association
CBA 2009-20xx
21
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 2009-20xx
22
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 2009.20xx
23
Either the Department or the employee may request that a recording be made of the
interview. Neither party will record the interview without infonning 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 of the 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.
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 inteipretation 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 (10) 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 (10) days.
Step 11. 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 (10) 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
City of Ashlandl
Ashland Police Association
CSA 2009-20xx
24
his/her designee, shall respond to the Association representative in writing within ten (10)
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 (10) 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 (10) 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 particul~ 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.
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.
ARTICLE XIII - SENIORITY
13.1 Definition of Seniority. Only regular employees shall have semonty. 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 his/her 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
City of Ashlandl
Ashland Police Association
CBA 2009~20xx
25
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.
] 3.2 Lavoff 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 his/her seniority
to bwnp 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, his/her 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 pOSItIOns 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;
E. Is laid off from work for any reason for 24 months, or for a period of time equal to
his/her 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;
. City of AshJandl
Ashland Police Association
CBA 2009-20xx
26
G. If while on leave of absence for personal health reasons accepts other employment
without permission; or
H. Is retired.
I. Ifthe employee is absent from work due to an on-the-job injury or illness for a period
in excess of three years from his/her original date of injury/illness 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 (I8) 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 a job classification 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 ofthe 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 his/her last known address furnished to the City by
the employee. The City may also use any other means to return an employee sooner.
ARTICLE XIV - PROMOTIONS
14.1 Postinl!s. 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 closing of accepting applications for the position.
Whenever a promotional examination is given the notice announcing such examination shall
state the passing score on all parts of the examination and the relative weight of each part of the
examination.
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
City of Ashland! 27
Ashland Police Association
CBA 2009~20xx
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.
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 him/herselfin 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 his/her 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 writing will be
furnished to the Association and to affected employees upon request.
15.4 Other Emplovment. 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.
City of Ashland!
Ashland Police 'Association
CBA 2009-20xx
28
15.5 Uniforms, Protective Clothinl! 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 $175 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.
15.6 Educational Allowance. After an employee's completion of one (I) full year of
continuous service, the Police Chief may authorize reimbursement to the employee for costs directly
related to upgrading hislher professional ability through emollment 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 of his /her
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.
15.7 Position Descriptions. The general classifications of labor which shall be recognized
throughout this Agreement shall be those set forth in Appendix A.
15.8 Personnel File.
A. Inspection. Each bargaining unit member shall have the right to review and obiain
at their expense, copies of the contents of his/her 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 Sil!nature. 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:
I.
Sign such material indicating agreement.
2.
Sign such material, indicating disagreement, in which case the employee
may place in his/her file a signed response to such material.
3. '
Refuse to sign such material in which case a employee 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.
29
City of Ashland!
Ashland Police Association
CBA 2009-20:<:<
15.9 Traininl!. The City shall provide outside training opportunities to employees in the
bargaining unit as follows:
A. The City shall provide outside trammg opportunities 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.
15.10 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 as 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.
15.1] Fitness for Dutv. The City reserves the right to require employees to provide
verification of medical ability to perform the essential functions of their positions,l 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.
ARTICLE XVI - HEALTH, WELFARE & RETIREMENT
City of Ashland/
Ashland Police Association
CBA 2009-20xx
30
16.1 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. Effective January I,
20 I 0 employees agree to change the Preferred Provider Option with a $200 deductible under the
same cost share arrangement as stated in this section. 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 c 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.
(I) 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 employee 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 of the 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 Associ<ltion
eRA 2009-20xx
31
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.l53. 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 $40.00 per month in matching funds
per member enrolled in a City deferred compensation program (currently ICMA or AETNA). This
program is at the option of the member and contingent upon a minimum $15.00 per month
contribution paid by the member.
16.4 ReempIovment of Retired EmpIovees.
A. The City may at its discretion rehire retired Association members for up to 1039
hours each year following their retirement date.,
B. At the retiring Association members option, the City shall only use rehired retired
employees to fill a vacant Association member position on a temporary basis and for
not more then 90 days following the retirement date of the rehired retired employee.
Re-employment of retired employees will not cause the layoff of any other bargaining
unit member and the rehired retired member will remain a member of the Association
while re-employed with the exception of Article 5, 6, 8, 10. I A and 16.
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.
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
City of Ashland!
Ashland Police Association
eSA 2009-20xx
32
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.
ARTICLE XIX - SAVINGS CLAUSE AND FUND
19.1 Savin!!s 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 Fundin!!. 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 Ashl:mdl
Ashland Police Association
eSA 2009-20xx
33
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 10.7 and 10.8 shall be effective July 1,2009 and shall
remain in full force and effect until June 30, 2012.
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 written 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! 34
Ashland Police Association
eBA 20Q9-20xx
APPENDIX "A"
CLASSIFICATIONS WITHIN BARGAINING UNIT
Police Officer
Community Services Officer
Community Outreach Officer
Evidence Property Technician
CLASSIFICATIONS 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 of20
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 Association
eSA 2009-20xx
35
City of Ashlandl
Ashland Police Association
eBA 2009-20xx
36
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" of this 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 (~) 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 I 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 deiective'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 2009-20xx
37
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Airport Lease Template
July 21,2009 Primary Staff Contact:
Public Works/Engineering E-Mail:
Legal Secondary Contact:
Martha Benn Estimated Time:
Mike Faught
fallghtm(al,ashland.or.lIs
Scott Fleury
20 Minutes
Question:
Will Council conduct a public hearing and approve a resolution establishing rates for the Ashland
Municipal Airport and repealing Resolution 99-37, as recommended by the Airport Commission?
Staff Recommendation:
Staff recommends that the City Council approve the Resolution Establishing Rates for the Ashland
Municipal Airport, and repealing Resolution 99-37.
Background:
The Airport Commission has a goal of generating sufficient revenues through Airport fees to operate
the Airport with minimal or no general fund subsidies. To that end, the Airport Commission is
recommending the adoption ofthe Resolution 09-XX, which establishes various hangar, ground lease,
tie down and fuel flowage rates associated with Ashland Airport use.
With the exception of a proposed new privately constructed City Owned hangar and helicopter rates,
the rates included in Exhibit A of the Resolution are increase based on inflation.
The new privately built City owned hangar rate is proposed in order to establish a monthly rate for the
II privately constructed hangars on City owned property. The terms of the hangar ground lease do not
include a monthly hangar rental rate, as the incentive for the ground lease was developed to allow the
lessee to offset the cost of their initial hangar construction costs. However, once the ground lease
expires, the hangar becomes the property of the City at which time the hangar becomes subject to a
monthly rental fee. To date, no monthly privately built City owned hangar rental fee had been
established. Now that the first of the II privately constructed City owned ground lease agreements
expire in August 2009, the Airport Commission is recommending that the City Council adopt the
privately built City Owned monthly rental rates as follow:
BOX HANGAR "SHELL RENTAL" 0.25 SQ-FT/MONTH (building footprint)
(privately built City owned)
"Amenities" for any City owned hangar
Office Space .25 SQ-FT/MONTH (office space inside dimension)
Bathroom
Heat .03 SQ-FT/MONTH (building footprint)
.01 SQ-FT/MONTH (building footprint)
. Heat: any upgraded heat source including gas and electric
. Building footprint ~ outside walt dimension
Page I of4
r~'
CITY OF
ASHLAND
A new rate for the one helicopter hangar is included in the proposed resolution in order to establish an
appropriate fee. The City has been collecting revenue for both of this category and staff is now
recommending that it be added to the Airport rate fee structure to ensure proper authority to charge for
the service.
The Ashland Municipal Airport, established in 1965, is a City owned facility consisting of 56 hangars
and 120 airplane tie-down spaces. The Airport currently supports approximately 86 based aircraft. In
addition, the Airport includes fueling, aircraft maintenance and repair facilities operated by Skinner
Aviation the sole fixed base operator (FBO).
Airport revenue is generated from hangar rentals, ground leases, fuel flowage fees, tariffs from freight
operations, nightly and monthly tie-downs and Specialized Aviation Service Operator (SASO)
agreements. The SASO agreement is in place for companies that perform a commercial operation at
the Airport. The FBO is responsible for collecting and monitoring these fees and has been performing
this duty since 1993. The City rents 32 hangars on a month to month basis and has ground lease
agreements with and additional 14 individuals. The City also has SASO agreements with 3 operators at
the Ashland Airport. Revenue from the hangar rentals and leases provides a monthly stream of income,
while the income from tie-downs and fuel flowage is cyclical and fluctuates during the tourist and
Shakespeare seasons.
The Airport Commission evaluates the existing rates for City owned hangar rentals and tie downs
annually each year in the Spring and make a recommendation to the City Council to adjust fees as
needed. One of the goals of the Airport Commission is to ensure that the City owned Airport is
financially self sufficient. The current rate policy structure includes rates for the following:
. aircraft tie-downs
. City owned T-hangars without doors
. City owned T-hangars with doors
. privately built and owned hangars with a ground lease
. privately built hangars that are deeded to the City with a ground lease
The ground lease rates for City owned and privately owned hangars adjust each year automatically by
the CPI-U. The rates for the T-hangar rentals are recommended for adjustment by the Airport
Commission. T-hangars are exactly as the name implies steel buildings in the shape ofT's that are
nested together with the building orientation alternating by 180 degrees. Box hangars are square or
rectangular steel structures that are stand alone.
The City offers two options for hangar construction and ground leasing at the Ashland Airport. One is
to build a hangar and keep ownership of the hangar while leasing the ground from the City. The second
option is to construct a hangar and deed it to the City and lease the ground for a specified term,
typically 20-25 years. The ground lease rates for these options differ by over 50%.
In order to develop an updated pricing policy that included privately built City owned hangars, City
staff was directed by the Airport Commission to research comparable pricing for hangars at similar
airports regionally. The Airport Commission also asked to see an amenity analysis for items such as
Page 2 of4
r~'
CITY OF
ASHLAND
improved heat, light, insulation, bathrooms and office space. City staff performed this research and
developed a Power Point presentation that showed three different options for rate analysis. In
conducting this research staff only looked into City owned hangar rates, no privately owned hangar
rentals were used in the analysis. The rate analysis methods were comparisons of similar airports,
appraised value analysis and competition market analysis with the Jackson County Airport. The
Airport Commission discussed the methods and analysis at the May 5th meeting. After a lengthy
discussion the Commission requested to have a supplemental meeting on May 19th to allow them more
time to think about Rate Policy Presentation and have further discussion time before making a
recommendation to the City Council.
The May 19th meeting allowed the Commission to vet out the details for the "shell" rent along with the
amenity fee increases. The "shell" rent was determined by existing rents on the ground as the Ashland
Airport. In 2004 the City through a construction contract built a section of new enclosed T-hangars.
These new hangars are approximately 1050 square feet in size and rent for $255.00/month. This
equates to a $.24 sq-ft/month charge. The "shell" rent was rounded up to $.25 sq-ftlmonth in part due
to the fact that box hangars are inherently more valuable to renters. This $.25 sq-ft/month charge is
similar to many regional airport charges per square foot as seen and reported to the Commission by
Staffs research.
Next the Airport Commission worked on the details for the amenity analysis. Staff put together
numbers for amenity additions like an upgraded heat source, improved lighting, insulation, office space
and bathrooms. After much discussion, the Airport Commission combined the heat, light and
insulation into one category and specified it as heat. They believe that a hangar tenant that has an
improved heat source would have insulation throughout the hangar to take full advantage of the heat
source. They also stated that in order to have an improved heat source one would need an electrical
meter with the ability to provide enough energy for both heat and light improvements.
With regards to the office space amenity addition the Commission wanted to'set a rate that would be
fair when compared to local light industrial office space rents. The Commission agreed that office
space can rent around $1.00 sq-ft in Ashland and that the Airport presents a more limited use option
for office space when compared to the local market so they reduced the sq-ft cost from $1.00 to $.50
sq-ft. The rate policy is setup so that if an occupant has office space they pay the $.25 sq-ft cost for the
entire envelope of the hangar and an additional $.25 sq-ft for the office space square footage setting a
total cost of$.50 sq-ft of for office space. Finally the Commission recommended a rate of$.03 sq-ft
for a bathroom because they believed that value applied to the total hangar size would provide the
appropriate market value of said hangar.
Related City Policies:
The City, through its City Council, is empowered to approve rate increases related to City lease rentals.
Council Options:
. The City Council may decide to approve Resolution No. 09-xx a Resolution Establishing Rates
for the Ashland Municipal Airport, and Repealing Resolution 99-37 as recommend by the
Airport Commission.
Page) of 4
r~'
CITY OF
ASHLAND
. The City Council may decide to modify the Airport rate structure and direct staff to take the
. modifications back to the Airport Commission for further action.
. The City Council may decide to take no action on the proposed Resolution No. 09-xx and
continue collecting Airport fees as outlined in Resolution 99-37.
Potential Motions:
. Move to approve Resolution 09-xx a Resolution Establishing Rates for the Ashland Municipal
Airport, and Repealing Resolution 99-37.
. Move to modify Resolution 09-xx and direct staff to take the modifications back to the Airport
Commission for further action.
Attachments:
. Nested T -hangar layout
. Ashland Airport box hangar photo
. Ashland Airport nested T -hangar photo
. Resolution No. 09-xx
. Resolution No 99-37
. Airport Commission minutes regarding motion of Rate Policy recommendation; May 2nd, May
19th and June 2nd
Nested T-hangar layout
A
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Page 4 of4
~~,
RESOLUTION NO. 2009-
A RESOLUTION ESTABLISHING RATES FOR THE ASHLAND MUNICIPAL
AIRPORT, AND REPEALING RESOLUTION 99-37
Recitals:
A. The City has allowed privately constructed hangars to be built on City property at the
Ashland Municipal Airport subject to the tenns of a ground lease;
B. The privately constructed hangars then become City property when the ground
lease expires;
C. The first of these ground leases is expiring this year, which makes it necessary for
the City to establish rental rates for these privately built, city owned hangars; and
D. In addition, the City is also adjusting other rates and establishing rates for freight
operations and helicopter hangars.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Effective' August 1, 2009, unless otherwise provided by an agreement or
lease, the rates shown on "Exhibit A" are established for facilities at the Ashland
Municipal Airport.
SECTION 2. Classification of the fees specified in Sections 1-4 of this resolution are
classified as not subject to the limits of Section 11 B of Article XI of the Oregon
Constitution (Ballot Measure 5).
SECTION 3. Resolution No. 99-37 is repealed on the effective date of this Resolution.
SECTION 4. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
1- Airport Rate Resolution 7-13-09
Exhibit "A"
Rates for Ashland Airport Facilities
August 1,2009 - June 30, 2010
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9-
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RESOLUTION NO. 99"~ 7
A RESOLUTION EST ABLlSIIDlG RA YES FOR THE A.SJJLAND MUNIClP AL
AIRPORT REPEALING RESOLUTION 94-38.
1llE CITY OF ASHLAND RESOL YES AS FOLLOWS:
SECTION I. Effective July I, t 999, die rate! u IIbown OIl "&hibll A" ere "'tabH.hcd for flIcilitic:!
at the Aoh!Jlnd Municipal Airport;
SECllON 2. The following rms im:tease annually, '011I do nQ( decrease. all July 1" ofeaeh year;
Ciosed Hangars, Open Hangars, A<pIullt TIe Downs, Monthly TIe DownJ, PriYale Land Lease
Hangan, FBO Lease R.alc, S~Ye 0= Utility, and AWng Lease RAte. ~ ina_ sbAll be
determined by multiplylne the rate by a ftacliOD, the numenllor of which is the CPllndex Figure for
the month of.January of that subject calendar year, and the deDominator of which i. the Bale CPI
Index Figure. To illustrB1ethe prllCCdlnescntence. the rate forthe year beginning one year from the
date oflhis agreement shall be equal to the product deCermined by multiplying the me ipOcificd in
Section I by .. fraotion, the aumOl'Stor of which i. the CPllndex F'qrn for Ihe month of January,
199~, and the denominator of which I. tile Base CPIlndcx fliure.
A. Ai llICd in thi.o poragrapb, 'll>dex" shAll ref.. to the following Inclcx publilllcd by the
Bureau of Labor 8tlttIlltiCll of tile Ullited States Depar1mont of Labor: Consumer Price 1ncIco<,
All Urban CollS\llllus(CPI-U), U.S. City Average, CPI-AlIIUImB ("llt8ndardrmrence base
period' 1982.&4 - 100). "8_ CPI Ind"" Figure" shall refer to tile Index Dumber ;nm""'M
for the month of JlUWIIt)'. 1994, and the 'CPI Indox F\i1Jre" for my oIhc: month sbalIlefer
to lb. Index II\Inlbct for that mosrth. If the "lndcx" is DO longer being published as of a
partieolM dale, then the "(;PI Index Flime" for thai date shall be the figure reported in the
U.S. Deps:tmcnt of Labor'. mosl n>ecnt comprehensive official index then in UIC and moot
nearly answering the description of the Index (or, iflhc U.S. Department of Labor is not then
publishing llDy IUCIl similar Index, shall be dmrmlned und.. llDOther comparable,
aut!l<lritativc, gcncrally ~ illdelt to be selected by mlIlll&l agreement of Lessor and
Lesoces). If the J.ndlOx.. tlllculatcd &om. basediffcrentf'mmthe base 1982-84- 100. then
the figwes to be used in calculating any adjustment manda:ted under !his Agreement fint
sha1\ be coDwr1ed (if poaoible, under a fannula 811ppliecl by the Bureau ofLebor Statistics
of tile U.S. Department of Labor) to a<x:oun\ for thetdiffereDCC.
B. At! increaoc:3 .hall be ro<mdcd up to lhc nc.vcst dollar.
SECTION 3. ~ Hengar Reaervation fee ill oRablishecl for any JICI'IOIl or busineo3 requating ..
hangar. The fbc shall be paid prior 10 pIIclng the name on the hangar l'e8CMIlion list
SECTION 4. The Frcisht Opcratico Fcc is cstablilllcd for any freight operator utilizing Ionding
savlces. This rate I. adjusted to retIb::t the opttating COOlS at the airport and will be reeubtted by
lb. AiJport Commission at their disomion.
\Y'S1'6YJ\lJSERV'^UI.\~ Al:r'p.M ~ AP.cf 1000.~
rage 1 OJ 1
, "...r.......^"'"'
SF.GTION 5. Classification of the fees specified in Sb:tions 2, 3, and 4 of thi. resolution are
chusified.. 001 subjectloth_limltsofScctiOllllB of AI1icl_XI ofth_ OrcgonConalitution(Ballot
MC8AIJ'C S).
SF.CTIDN 6. Rc:tolulion No. 94-38 is rc:pco.Icd on the effective date oflhi. R"""lu1ion.
This R=lution wu raid by till_ ooIy in ~th /uhland Municipal CadI: SZ.04.090 duly
PASSED and ADOPTED thil..tS- day of . 1999.
~A~
Barbara M. Christtmen, City Rcoordu
SI<mEDandAPPROVEDtha~daYOf~ 1999. / I
~ ;ht~
Calberlne M. Shaw, Mayor
fUUIo f~
J..
Paul Nolte, City Attorney
\\PS1\S'r1\USIlkU'AULA'COlICL'tCCAIrJDI1 A-. a Ra' 2OO(l,4c)C
'. ''I" T.____ _'"':_._1
rage 1 or I
rl""~/,...,r.r\^
EXHIBIT A
CITY OF ASHLAND
MUNtClP AL AIRPORT FEE SCHEDULE
RESOLUTION 99- ~
EFFEC11VEDATE-lULY 1.1999
Closed llinp. SI2MO. S139.OO $6.00 S 145.00
Open Hanp.zs 5110.00 5121.00 56.00 S 127,00
AJphat. Tio Downs $4.00 S5.OO S1.OO 56.00
MllllIhly Tie DnWlll $27.00 $30.00 S1.00 S31.OO
Privote HAnlJll1l (Lond Lcue) S20.00 $20.00 51.00 $22.00
-.'~jlX'" .""., "'{'.'1
,.."".",.>:..',.~ .~ 'r~ ,-;1': ~. " '.'
Skinner u- 51.07S.00 SI,200.00 S2lI.OO S 1,220.00
Steve Green Udlity S.!0.00 $37.00 $3.00 S90.oo
AmnS Lcuc S1\0-$50 $71.00 $6.00 $71.00
Jolin O&y l.- S516.00 S768.OO $7.00 $ns.oo
CAP !ale $LOO $1.00 Sl.OO
.tlI .'
S 1.5011,000 lbo. 0.- Landing WoiJbt
NOTE: BASE 0'1 (lAN 94) - 146.2
0'1 (JAN 99) - 164.3
F~'Ul8R\PAULA~ AI:!poft r.a. A Ra XOl..
,. ,
'. .. n '. '_
,.... . p ~ ........
rage 1 or 1
/'....r',..,r\r\^
ASHLAND AIRPORT COMMISSION
May 5, 2009
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON. ALAN DEBOER,
LARRY GRAVES, RUSS SILBIGER, TREG SCOTT
STAFF: SCOTT FEURY. MIKE FAUGHT, MEGAN THORTON
MEMBERS ABSENT:
Visitors: Allan Sandler, Alan Bender, Dave Risdale, Kirby Mills
1. CALL TO ORDER: 9:33 AM
2, APPROVAL OF MINUTES: April 14th, Motion by Hendrickson for approval. second by
Wolske. unanimous vote, minutes approved as written.
3. Additional Items: Webslte Comments (leve), CAP Hangar (Mills)
4. Public Forum: Allan Sandler speaks before Commission and gives background
information regarding his hangar. He presents offer before Cily and Commission
regarding a 5 year prepaid term lease for his hangar. Sandler would like two, Fiver year
lease options with the first being prepaid for five years and the second being prepaid
with one year installments with an increase via CPI-U for each additional year after the
first five year term. Sandler also asks to post-pone bring the rate policy before the Cily
Council until the July do to the fact that Sandler will be out of town and not able to
attend. Sandler also states that after the Commission recommends a rate pOlicy and
the Cily Council approves a final rate that if the rate is to high and he wishes to move
then he will pay back rent on his lease for the time he stays at Ashland before moving
to a new location. Sandler mentions that a commons accepted practice for valuation
is to hire two appraisers and then average the value of both for an accepted rental
value. Staff states that the cost of an appraisal at this point in time is not in the budget
and would like to resolve the pricing policy in house with the use of comparable airport
pricing. Sandler also asks staff about specific use of his hangar with regards to office
space and current staff using the hangar. Staff to research and discuss with Sandler at
appropriate time. Sandler asks about his first right of refusal and how it applies to the
rate policy if it is set to high and he refuses the rental rate and then Cily is then unable
to rent the hangar and must lower the price. does his right of first refusal still apply to
then new established rent? Staff to research with legal
Mills states there has been no movement regarding CAP hangar after his email was sent
to CAP Wing Commander. Mills to follow up with CAP and inform Commission of status
at next meeting.
5. OLD BUSINESS:
A. AlP Project: Fleury asks for a Commission member to assist in grading the RFP's for
the new Alrport Improvement Project. Graves had originally volunteered by has a
time conflict with proposal bid opening date. Scott volunteers to grade RFP's and
G:\pub-wrkslengldepl-admin'AIAPlMINUTES\2OO91May 5 2009.doc
Zeve approves of Scott as a grader. Fleury to furnish Scott with all necessary
materials to grade RFP's once they are opened May 18"'.
6. NEW BUSINESS:
A. Pricing Policy: Fleury goes through the power point presentation of airport
comparables, appraisal analysis and amenity additions. Presentation showed
developed hangar rates at Bend, Medford, Roseburg, Grants Pass, Redding (both
airports). Fleury states that Bend is a very comparable airport by size, amenities and
location and that Medford can be seen as our direct competition for tenants. Fleury
goes over break down of amenity analysis as created with the help of various
appraisers' information. Fleury also states that a primary goal of the Airport
Commission is to maintain a rate, charge, and fee schedule that will guide the
Airport toward the gool of financial self-sufficiency. Fleury and Faught also discuss
the current state of the Airport budget and in plain and simple terms there is a
projected revenue shortfall of approximately 7 thousand dollars by 2014.
Commission begins discussion of rate schedule presented for review by City. Zeve
states that it is important to maximize revenue while being fair and equitable to all
tenants of the Airport. DeBoer states that setting the rate to high is the same as
setting it to low when it comes to being fair and equitable. Sandler states that the
current rate the FBO pays should be the equivalent rate of the reversionary hangars
as it is an established rate. Scott states that we can not set a rate policy for all
hangars based on a commercial FBO operational rate. Sandler asks about
becoming an FBO and it is a plausible scenario as long as Sandler were to provide
the minimum amount of services required by the FAA to become an FBO. Skinner
states that it is ok to have multiple FBO's at the Airport as long as they all have a
level playing field, Sandler also discuss the appraisal option and estimates that an
appraisal would cost around 2CXXl.OO. The City and Commission re-iterate the
financial state of the City and Airport currently and would like to set rate without
spending money on an appraisal. Scott states that we can not get an appraisal
each time a hangar reverts to City ownership. Wolske states that Commission should
determine fair market value rate for hangar facilities without taking into account the
existing Airport budget; Scott mentions that in regular leasing arena that lessor
receives a discount for a larger type facility and thinks this should be a point of
discussion. He also states that it is not practical to set the rate for larger hangars
based on the rate of T-hangars. Wolske would like the rate policy to be in a zone
that is close to market value without being to over or under priced. Hendrickson
states that even if he may pay a little more he will not leave Ashland until he can no
longer afford the plane and hangar and that is a choice many current pilots in
Ashiand believe in. Meeting running over time and Commission would like to have
an additional meeting in two weeks to discuss rate policy further. This will give
Commission time to ruminate over discussion and help to make a motion for rate
policy recommendation to the City Council at a later date. Commission will discuss
further the rate policy, amenity definitions, size price break point at supplemental
meeting May 19'" at 9:30 am in Siskiyou Room.
B. Insurance requirements letter: Discuss at next meeting
C. Brim Aviation: Discuss at next meeting±D. Airport Commission Ordinance: Discuss at next meeting
7, AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report, Review of Safety Reports: No update do to
time constraints. Will discuss at June 2"" meeting.
G;'l>ub-wrkslengldepl.adminIAIRP\MINUTES\2OO9IMay 5 2009.doc
2
B. Maintenance Updates - No update do to time constraints. Will discuss at June
2nd meeting.
8. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
9. NEXT MEETING DATE: July 7, 9:30 AM
ADJOURN: Meeting adjourned at 12:05
I
G:\pub-wrkslengldept-adminIAIRPlMINUTESl2OO9\May 5 2009.doc
3
ASHLAND AIRPORT COMMISSION
May 19. 2009
MINUTES
MEMBERS PRESENT: UNCOLN ZEVE. DAVID WOLSKE. RICHARD HENDRICKSON. ALAN DEBOER.
RUSS SILBIGER. TREG SCOTT. ALAN BENDER
STAFF: SCOTT FEURY
MEMBERS ABSENT: LARRY GRAVES
Visitors: Alian Sandler. Dave Risdale. Kirby Mills. Mr. and Mrs. Ross. Milton Bloombaum
1.
CALL TO ORDER:
9:30 AM
2. NEW BUSINESS:
A. Rate Policy: Zeve begins discussion with comment regarding the importance of
developing the rate policy and methodology. Skinner wants to clarify the rate policy
Commission is discussing is for new City owned hangars or ali hangars. Commission
clarifies that rate policy is for new City oWfiled hangars. Skiliman states that he
wouid like to see electric/hydro electric hangar doors added to the iist of amenities.
Wolske liked the three method analysis as shown before by staff because it does not
limit calculations to one formula it takes a majority of formulas and analysis into
account. Discussion centers on a proposal of .005 for heat/light. .005 for insulation.
.03 for a bathroom and .01 for office spoce netting a total with the sheli rent for ali
improvements of .30 sq-ft/months. Skiilman states that as far as the FAA is concerned
the office space needs to be used for aviation related uses only. Scott mentions
having a volume size factor and a condition factor associated with the rates.
Someone with a hangar keeper size hangar should receive a volume discount like
entities in the public sector. Discussion revolves around the amenity definitions.
Commission likes the idea of only charging for heat. office space and a bathroom.
They feel that if you have an improved heat system you would have insulation to
make it cost effective and also improved lighting or ability to install improved
lighting because of increased electrical capacity required to run heat system.
Commission discusses specifics about office space. Office space within the City of
Ashland can rent up to 1.00 sq-ft. Commission discusses using .50 sq-ft because of
the limiting factor of Aviation business at the Airport. The .50 sq-ft/month would only
be applied to the actual square footage of office space within the hangar. Skinner
states that using the .50 for office space calculates out to the simiiar price schedule
as discussed at last months meeting for total rent as compared with the new
amenities of bathroom and heat. Discussion goes back to volume discount and
condition factor. Commission mentions that 2400 sq-ft and over could possibly be
the factor for rate reduction due to a volume discount. A hangar over 2400 sq-ft
could be considered hangar keeper size. As far as the condition factor. it is stated in
the lease documents that hangars shali be kept in good condition by tenants and
the City of Ashland should receive the hangar back at the end of the term in the
same condition it initialiy rented it. Commission would like to discuss condition factor
at later date. Discussion revolves around improved hangar doors and if they should
G:\pub-wrks\eng\depl-admin\AIRP\MINUTES\2009\May 192009 Supplemental.doc
1
be added as an amenity. Scott and Skillman believe and improved hangar door is
an amenity and would pay more for an improved door. Questions revolve around
who would maintain the improved hangar door. Electric hangar doors require a
greater replacement cost that the City would bear if they failed while day to day
operations and maintenance would be the responsibility of the tenants. DeBoer
states that he would rather due the maintenance on an improved hangar door over
the City because of the tumaround to get it repoked and it is not in the City's
expertise to fix hangar doors. Zeve also states that he does not want to see added
maintenance responsibilities for the City regarding hangar doors. Scott states that
an improved hangar door is still an amenity even if it requires more maintenance by
the City or private tenant. DeBoer motions to bring reversionary hangars online at a
.25 sq-ft/month "shell" rent and then add the amenities as required, ,01 sq-ft/months
for heat, .03 sq-ft/months for bathroom and .25 sq-ft/months for office space within
hangar. The .25 sq-ft/month for office space would equate to the .50 sq-ft/month
rate just for office spoce discussed earlier. The motion is 2nd by Hendrickson. Vote:
Silbiger abstains, Scott opposed, and vote posses. Fleury to add data into pricing
sheet and forward to Commission for review. Pricing Policy data to go before the
City Council at the July 17'" meeting for final approval. Fleury asks Commission if they
would like to see the rate information he previously presented each spring to make
a new rate determination and the Commission agrees that it would be beneficial to
look over this updated information each spring when assessing new rates to forward
to the City Council for approval.
3. NEXT MEEllNG DATE: June 2, 9:30 AM
ADJOURN: Meeting adjourned at 11 :21
G:\puD-wrks\engldept.adminIAIRP\MINUTES\2OO9\May 192009 Supplemental.doc
2
ASHLAND AIRPORT COMMISSION
May 5. 2009
MINUTES
MEMBERS PRESENT; UNCOLN ZEVE. DAVID WOLSKE. RICHARD HENDRICKSON. ALAN DEBOER.
LARRY GRAVES. RUSS SILBIGER. TREG SCOTT
STAFF: SCOTT FEURY. MIKE FAUGHT. MEGAN THORTON
MEMBERS ABSENT:
Visitors: Allan Sandler. Alan Bender. Dove Risdale. Kirby Mills
1. CALL TO ORDER: 9:33 AM
2. APPROVAL OF MINUTES: April 14th. Motion by Hendrickson for approval. second by
Wolske. unanimous vote. minutes approved as written.
3. Additional Items: Website Comments (leve), CAP Hangar (Mills)
4. Public Forum: Allan Sandler speaks before Commission and gives background
information regarding his hangar. He presents offer before City and Commission
regarding a 5 year prepaid term lease for his hangar. Sandler would like two. Fiver year
lease options with the first being prepaid for five years and the second being prepaid
with one year installments with an increase via CPI-U for each additional year after the
first five year term. Sandler also asks to post-pone bring the rate policy before the City
Council until the'July do to the fact that Sandler will be out of town and not able to
attend. Sandler also states that after the Commission recommends 0 rate policy and
the City Council approves a final rate that if the rate is to high and he wishes to move
then he will pay back rent on his lease for the time he stays at Ashland before moving
to a new location. Sandler mentions that a commons accepted practice for valuation
is to hire two appraisers and then average the value of both for an accepted rental
value. staff states that the cost of an appraisol at this point in time is not in the budget
and would like to resolve the pricing policy in house with the use of comparable airport
pricing. Sandler also asks staff about specific use of his hangar with regards to office
space and current staff using the hangar. Staff to research and discuss with Sandler at
appropriate time. Sandler asks about his first right of refusal and how it applies to the
rate policy if it is set to high and he refuses the rental rate and then City is then unable
to rent the hangar and must lower the price. does his right of first refusal still apply to
then new established rent? Staff to research with legal
Mills states there has been no movement regarding CAP hangar after his email was sent
to CAP Wing Commander. Mills to follow up with CAP and inform Commission of status
at next meeting.
5. OLD BUSINESS;
A. AlP Project: Fleury asks for a Commission member to assist in grading the RFP's for
the new Airport Improvement Project. Graves had originally volunteered by has a
time conflict with proposal bid opening date. Scott volunteers to grade RFP's and
G:\pub-wrkslengldept.adminIAIRP\MINUTES\2009\May 5 2009.doc
Zeve approves of Scott as a grader. Fleury to furnish Scott with all necessary
materials to grade RFP's once they are opened May 18"'.
6. NEW BUSINESS:
A. Pricing Policy: Fleury goes through the power point presentation of airport
com parables, appraisal analysis and amenity additions. Presentation showed
developed hangar rOtes at Bend, Medford, Roseburg, Grants Pass, Redding (both
airports). Fleury states that Bend is a very comparable airport by size, amenities and
location and that Medford can be seen as our direct competition for tenants. Fleury
goes over break down of amenity analysis as created with the help of various
appraisers' information. Fleury also states that a primary goal of the Airport
Commission is to maintain a rate, charge, and fee schedule that will guide the
Airport toward the goal of financial self-sufficiency. Fleury and Faught also discuss
the current state of the Airport budget and in plain and simple terms there is a
projected revenue shortfall of approximately 7 thousand dollars by 2014.
Commission begins discussion of rate schedule presented for review by City. Zeve
states that it is Important to maximize revenue while being fair and equitable to all
tenants of the Airport. DeBoer states that setting the rate to high is the same as
setting it to low when it comes to being fair and equitable. Sandler states that the
current rate the FBO pays should be the equivalent rate of the reversionary hangars
as it is an established rate. Scott states that we can not set a rate policy for all
hangars based on a commercial FBO operational rate. Sandler asks about
becoming an FBO and it is a plausible scenario as long as Sandler were to provide
the minimum amount of seNices required by the FAA to become an FBO. Skinner
states that it is ok to have multiple FBO's at the Airport as long as they all have a
level playing field. Sandler also discuss the appraisal option and estimates that an
appraisal would cost around 2OCX).OO. The City and Commission re-iterate the
financial state of the City and Airport currently and would like to set rate without
spending money on an appraisal. Scott states that we can not get an appraisal
each time a hangar reverts to City ownership. Wolske states that Commission should
determine fair market value rate for hangar facilities without taking into account the
existing Airport budget. Scott mentions that in regular leasing arena that lessor
receives a discount for a larger type facility and thinks this should be a point of
discussion. He also states that it is not practical to set the rate for larger hangars
based on the rate of T-hangars, Wolske would like the rate policy to be in a zone
that is close to market value without being to over or under priced. Hendrickson
states that even if he may pay a little more he will not leave Ashland until he can no
longer afford the plane and hangar and that is a choice many current pilots in
Ashland believe in. Meeting running over time and Commission would like to have
an additional meeting in two weeks to discuss rate policy further. This will give
Commission time to ruminate over discussion and help to make a motion for rate
policy recommendation to the City Council at a later date. Commission will discuss
further the rate policy, amenity definitions. size price break point at supplemental
meeting May 19'" at 9:30 am in Siskiyou Room.
B. Insurance requirements letter: Discuss at next meeting
C. Brim Aviation: Discuss at next meeting
D, Airport Commission Ordinance: Discuss at next meeting
7, AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report, Review of Safety Reports: No update do to
time constraints. Will discuss at June 2"" meeting.
G:Ipub-wo1<s\eng\depl.adm;"IAIRP\MINUTES\2OOO\May 5 2009.doc
2
B. Maintenance Updates - No update do to time constraints. Will discuss at June
2rd meeting.
8. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
9. NEXT MEETING DATE: July 7, 9:30 AM
ADJOURN: Meeting adjourned at 12:05
G,lpub-wrkslengldept-adminIAIRP>MINUTES\2OO9\May 5 2009.doc
3
ASHLAND AIRPORT COMMISSION
May 19, 2009
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, ALAN DEBOER.
RUSS SILBIGER. TREG SCOTT, ALAN BENDER
STAFF: SCOTT FEURY
MEMBERS ABSENT: LARRY GRAVES
Visitors: Allan Sandler, Dave Risdale, Kirby Mills, Mr. and Mrs. Ross, Milton Bloombaum
1.
CALL TO ORDER:
9:30 AM
2. NEW BUSINESS:
A. Rate Policy: Zeve begins discussion with comment regarding the importance of
developing the rate policy and methodology. Skinner wants to clarify the rate policy
Commission is discussing is for new City owned hangars or all hangars. Commission
clarifies that rate policy is for new City owned hangars. Skillman states that he
would like to see electric/hydro electric hangar doors added to the list of amenities.
Wolske liked the three method analysis as shown before by staff because it does not
limit calculations to one formula it takes a majority of formulas and analysis into
account. Discussion centers on a proposal of .005 for heat/light. .005 for insulation,
.03 for a bathroom and .Q1 for office spoce netting a total with the shell rent for all
improvements of .30 sq-ft/months. Skillman states that as far as the FAA is concerned
the office space needs to be used for aviation related uses only. Scott mentions
having a volume size factor and a condition factor associated with the rates.
Someone with a hangar keeper size hangar should receive a volume discount like
entities in the public sector. Discussion revolves around the amenity definitions.
Commission likes the idea of only charging for heat, office space and a bathroom.
They feei that if you have an improved heat system you would have insulation to
make it cost effective and also improved lighting or ability to install improved
lighting because of increased eiectrical capocity required to run heat system.
Commission discusses specifics about office space. Office space within the City of
Ashland can rent up to 1.00 sq-ft. Commission discusses using .50 sq-ft because of
the limiting factor of Aviation business at the Airport. The .50 sq-ft/month would only
be applied to the actual square footage of office space within the hangar. Skinner
states that using the .50 for office space calculates out to the similar price schedule
as discussed at last months meeting for total rent as compared with the new
amenities of bathroom and heat. Discussion goes back to voiume discount and
condition factor. Commission mentions that 2400 sq-ft and over could possibly be
the factor for rate reduction due to a volume discount. A hangar over 2400 sq-ft
could be considered hangar keeper size. As far as the condition factor, it is stated in
the lease documents that hangars shall be kept in good condition by tenants and
the City of Ashland should receive the hangar back at the end of the term in the
same condition it initially rented it. Commission would like to discuss condition factor
at later date. Discussion revolves around improved hangar doors and if they should
G:,>>ub-wrl<s\engldepl.adminIAIRPlMINUTESI2OO9\May 192009 $upplemental.doc
be added as an amenity. Scott and Skillman believe and improved hangar door is .
an amenity and would pay more for an improved door. Questions revolve around
who would maintain the improved hangar door. Electric hangar doors require a
greater replacement cost that the City would bear if they failed while day to day
operations and maintenance would be the responsibility of the tenants. DeBoer
states that he would rather due the maintenance on on improved hangar door over
the City because of the turnaround to get it repaired and it is not in the City's
expertise to fix hangar doors. Zeve also states that he does not want to see added
maintenance responsibilities for the City regarding hangar doors. Scott states that
on improved hangar door is still on amenity even if it requires more maintenance by
the City or private tenant. DeBoer motions to bring reversionary hangars online at 0
.25 sq-ft/month 'shell" rent and then odd the amenities as required, .01 sq-ft/months
for heat, .03 sq-ft/months for bathroom and .25 sq-ft/months for office space within
hangar. The .25 sq-ft/month for office spoce would equate to the .50 sq-ft/month
rote just for office space discussed earlier. The motion is 2nd by Hendrickson. Vote:
Silbiger abstains, Scott opposed, and vote passes. Fleury to add data into pricing
sheet and forward to Commission for review. Pricing Policy data to go before the
City Council at the July 17'" meeting for final approval. Fleury asks Commission if they
would like to see the rate information he previously presented each spring to make
a new rote determination and the Commission agrees that it would be beneficial to
look over this updated information each spring when assessing new rates to forward
to the City Council for approval.
3. NEXT MEETING DATE: June 2. 9:30 AM
ADJOURN: Meeting adjourned at 11 :21
G:Ipul>-wrks\eng\dep,.adminIAIRPlMINUTES\2OO9\May 19 2009 SlWlemental.doc
l
ASHLAND AIRPORT COMMISSION
June 2, 2009
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, LARRY GRAVES,
RUSS SILBIGER, TREG SCOTT
STAFF: SCOTT FEURY, MIKE FAUGHT
MEMBERS ABSENT: ALAN DEBOER
Visitors: Jeanette Hutchinson
1. CALL TO ORDER: 9:41 AM
2. APPROV AL OF MINUTES: May 5 & 19, Motion by Wolske for approval. second by
Hendrickson, unanimous vote, minutes approved as written.
3. Additional Items: Airport Day Discussion {Zevel
4. Public Forum: Jeanette Hutchinson read over a list of five memo points that Allan
Sandler needed claritication on from the previous two meetings. The points include
exact price per square foot, electrical bills throughout fhe airport, toilet sq-ft cost and
removal of office space. The memo points were sent out via email to the Commission
members this past Friday and were also available at the meeting, The Commission feels
that they have directly answered these questions during the past two meetings and do
not feel there time is well spent answering the same questions repeatedly, but wish to
make clarifications. Discussion revolves around the removal of office space in the
Sandler Hangar, Faught states thot Mr. Sandler would like to remove the office space to
allow for a better fit of his planes so he does not have to stagger the wings. Faught
presents the architectural drawings of the new layout before Commission for review.
Zeve states the Commission does not want to see the City devalue an asset by allowing
removal of existing office space in a City owned hangar as per the request of Mr.
Sandler. Wolske states that in the rental world the landlord should not allow the
devaluation at an asset and that if a tenant wants to remove structure to better
improve there personal layout they should still pay the rate as if that structure exists in
the building and then at the end of tenant occupation restore building to original
condition and layout. Skillman states that Mr. Sandler's airplanes could fit in the hangar
side by side without wing stagger if the office space is removed, but that the majority of
other planes that could be stored in the hangar would have to stagger there wings with
or without office space in tact. Faught states that he will take this information into
consideration and speak with the City Administrator regarding this issue. Motion by
Hendrickson: Tenant must pay full rental value of hangar at current build out and can
remodel structure per building code, but must restore structure to previous condition
when no longer an occupant. 2nd by Skillman, Silbiger abstains, all approved. Skinner
addresses the airport rental rates and states that it is common industry practice to set
different rates for different types of hangars at an airport. Hendrickson agrees that an
open T-hangar should not pay the some square footage rate as an enclosed box
hangar with and electric door, Commission also makes clarification about price per
square foot of a bathroom addition to the hangar. The price per square foot is meant
G:\pub--wr1<s\eng\dept.admin'AIRP\MINUTES\2009\June 22009.doc
to adjust the cost of the total hangar to market value, not to be associated with a
direct bathroom cost as Mr. Sandler stated in the memo. Commission also agrees that
the rates make sense for either a commercial or non-commercial occupant and that a
bathroom is a desired commodity in a hangar. Faught then discusses a rental lease
term with the Commission as there is a precedent set when the new T-hangars were
built. people were offered a 5 year pre-paid terms. Faught states that this item will be in
direct negation with the City and that the tenant will need to pay the difference in any
rate increases approved by Council each year even if they have paid the 5 years
upfront.
5. OLD BUSINESS:
A. AlP Project Consultant Selection: Fleury states that a consultant hos been selected
via the RFP grading process and that the City of Ashland is currently in contract
negotiations with Reid Middleton for the engineering design. Commission thanks
Scott for assisting in the grading process. Fleury will update Commission on status of
AlP engineering each meeting.
B. Airport Day: Commission members state that overall it was a subdued event
compared to previous years, but the event was still a success and appreciated by
all in attendance. Commission thinks that Burl Brim did a good job at providing a
successful Airport Day, Discussion turns to concerns over safety and community
advertisement. Fleury states that the City was not aware of Airport Day until Tuesday
the 191h and that as a City and Commission could have assisted in numerous ways.
Wolske states that from previous meetings after last year's Airport Day, there was
discussion of aircraft marshaling and other safety issues that needed to be
addressed before the next Airport Day. These issues were not addressed since there
was no true advanced notice of Airport Day to the Commission or City staff, Wolske
would like the Commission and City to take more ownership with regards to Airport
Day. Wolske also mentions that having a check in/out desk for pilots so they are
able to have a marshal safely lead them on and off the taxiways to the runway.
Zeve to draft letter to Brim discussing these points. Hendrickson would like an
agenda item for January to discuss Airport Day well in advance. Bender states that
promotion of Airport Day is a very important issue and that we should really do
whatever we can as a City and Commission to let the public know about it. Fleury
states that if the City knows far enough in advance they can reserve the banner
section across Main St. as part of the advertisement of Airport Day. The City can also
issue a press release on the City website and even include information in the City
Source that goes out every month in the utility bill.
C. Rate Policy Development: Fleury asks Commission about any edits that can be
made to the attached rate sheet, Commission members recommend placing word
"box" before hangar shell rental and putting "City Owned" after privately built.
Commission also recommended to place amenity definitions under there price
structure. Fleury also asks for clarification of shell rental rate as specified by motion at
the previous meeting: from the Sandler memo he believed it to be ,245 sq-ft/month
while Fleury believed it to be .25 sq-ft/month. The Commission all agreed that the
motioned rate from the previous meeting was .25 sq-tt/month. Fleury will make
necessary changes to rate sheet.
6. NEW BUSINESS:
A. Hangar Doors: Zeve questions who should shoulder the responsibility of an improved
hangar door? Zeve does not want to see the City responsible for maintaining
anything other then a general non-powered door. If hangar has an improved door
then in the lease document it should specify who is responsible for maintenance
G:\pub-wrks\eng\dept-admin\A.IRP\MINUTES\2009\June 22009.doc 2
(
and upkeep. Discussion revolves around the FBO maintenance hongar door and its
replacement as requested by the Airport Commission do to its possible safety
.problems. Staff states through legal's research into Skinners lease that Skinner is
responsible for maintenance of the hangar doors. not the City. The Commission
believes that the doors have reached the end of there useful life and it is the'
responsibility of the City to replace them, Skinner states that throughout his time at
the Airport the City has previously maintained the hangar doors and has agreed to
maintain the FBO maintenance hangar do to its poor state when he moved in.
Fleury points to section 10 of the new approved lease template and Commission
agrees that it is somewhat vague when it comes to maintenance and replacement
of hangar items, Skinner to send Fleury documents and Commission minutes
regarding the FBO maintenance issues in the past for Faught to review,
B. Commission Ordinance: Silbiger gives overview of existing Commission Ordinance.
The City would like to remove the Council Liaisons as a voting member from
Commissions and now is the chance to update the existing ordinance with any new
language, number of members and conflict of interest statements. Commission
discusses possible improvements and they included stating the Airport Manager
{FBOj in the membership section as an ex officio non voting member and a
statement that discusses that if the majority of members have a conflict of interest
with regard to discussions that technically no conflict of interest exists then, Legal will
make ordinance updates and Commission to review before being approved by City
Council.
C. Airport Website: Discuss at next meeting
7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport. Financial Report, Review of Safetv Reports: Skinner states that
activity is increasing from fire investigation flying to transient activity,
B. Maintenance Updates - Fleury states that the concrete and door rail system for
the one enclosed t-hangar that has failed will be replaced and the City will work
on replacing the rest of them as budget allows.
8. OTHER:
The meeting of the JC airport commission is fhe third Monday of the month at 12:00 PM.
9. NEXT MEETING DATE: July 7, 9:30 AM
ADJOURN: Meeting adjourned at 11 :40
G:\pub-wrks\eng\dept-admin\AIRP\MINUTES\2009\June 2 2009.doc
3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing Regarding a Request for a Noise Variance by ODOT for Night
Work on 1-5
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
July 21,2009
Public Works Engineering
None
Martha Benne
Jim Olson
olsoni(cV,ashland.or.us
Mike Faught
15 Minutes
Question:
Will Council grant the Oregon Department of Transportation (ODOT) a variance to the City noise
ordinance that will allow night work on Greensprings Highway (Ashland Street), Interstate 5, and Exit
14?
Staff Recommendation: :
Staff recommends approval of the ODOT request for a variance to allow night operations, including
noise from a boring machine and other construction equipment, for an approximate four-day time
frame on the Green Springs Highway (Ashland Street), and Interstate 5. Ramp closures are needed for
the ramp work.
Background:
The attached letter from ODOT provides details on their request that the City Council grant a noise
variance for a period of required night work during the construction project on Greensprings Highway
(Ashland Street), Interstate 5, and exit 14 ramps. ODOT's night work consists of pavement borings
and falling weight deflectometer testing on Green Springs Highway (Ashland Street), Interstate 5, and
three of the four interchange ramps (those that have pavement widening proposed as part of the project
improvements).
This work is scheduled to take 4 nights, July 27 through 30, and needs to be completed at night due to
the impacts to traffic associated with the work, Lane closures are needed on Green Springs Highway
(Ashland Street) and Interstate 5, and ramp closures are needed for the ramp work.
Related City Policies:
AMC Section 9.08.170A establishes acceptable noise levels within the City limits, It states that:
9.08.170A No person shall make, assist in making continue, or cause to be made any loud
disturbing or unnecessary noise which either annoys, disturbs, injures or endangers the
com fort, repose, health, safety or peace of others.
9.08.170B The standard for judging loud, disturbing and unnecessary noises shall be that of an
average, reasonable person with ordinary sensibilities after taking into consideration the
character of the neighborhoods in which the noise is made and the noise is heard.
9.08.170C Any source of noise which exceeds the following standards is considered a public
nUlsance:
Page 1 of2
r~'
CITY OF
ASHLAND
I, Decibel Noise Standards
Allowable Statistical Noise Levels in anv One Hour
7 a.m, to 9 p.m, 9 p.m. to 7 a.m.
L50 - 50DBA L50 - 45 DBA
LIO-55DBA LlO-50DBA
Ll -60 DMA LI - 55DBA
Where:
L50 = noise level exceeded 50% of the time
L 10 = noise level exceeded 10% of the time
LI = noise level exceeded 1 % of the time
Under Section 9.08.170C(5) the Council is authorized to grant a variance to the Decibel Noise
Standards when it finds that strict compliance with the ordinance would cause an unusual and
unreasonable hardship to a commercial or industrial use.
Council Options:
Council may grant approval ofODOT's request for a variance to allow night operations, including
noise from a boring machine and other construction equipment, for an approximate four-night time
frame on Greensprings Highway (Ashland Street), Interstate 5 and Exit 14.
Council may decline to grant a variance for ODOT's night operations for this project. As such, ODOT
would need to require the contractor to do all work during daytime hours which could delay the
completion of the project. Daytime construction would also significantly affect traffic on Greensprings
Highway (Ashland Street), Interstate 5, and Exit 14 ramps causing delays and potentially adding traffic
to local streets as traffic detours around the construction zone.
Potential Motions:
1. Move to approve ODOT's request for a variance to allow night operations, including noise from a
boring machine and other construction equipment, for an approximate four-night time frame on
Greensprings Highway (Ashland Street) and Exit 14,
2, Move to deny ODOT's request for variance,
3. Move to grant ODOT's request for variance to the noise ordinance with other qualifying
statements.
Attachments:
ODOT's letter dated July 1,2009
Project Maps
Page 2 of2
~~,
1-5: N. Ashland Interchange - Greensprings
Bundle 314
Replace 1-5 N. Ashland
Interchange Bridge
Br. No. 08693
~
N
Repair & Widen 1-5
Green Springs Hwy
Interchange Bridge
Br. No. 08745
"
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Oregon
JUL 0 7 2009
Department of Transportation
Major ProjectS Branch
680 Cottage Sl NE
Salem, Oregon 97301-2412
Phone: (503) 986-4445
Fax: (503) 986-4469
Theodore R. Kulongoski, GovemOt;
RECEIVED
July 1. 2009
City of Ashland
Michael Faught, Public Works Director
City of Ashland
51 Winburn Way
Ashland. OR 97520
Re: Request for Noise Ordinance Variance
Geotechnical Pavement Investigations
1-5: N. Ashland Intchg - Green Springs - Bundle 314
Pacific Highway
Jackson County
Key No: K14641
Dear Mr, Faught,
To act in accordance with state and federal rules requiring compliance with local rules and
ordinances, the Oregon Department of Transportation (0001') is requesting that.the City of
Ashland grant a variance to Ordinance 9.08,170 .Unnecessary Noise..
The variance is being requested to perform pavement investigations at the Green Springs
Highway Interchange location of the OTIA III Bundle 314 project. At this location, the project
proposes to widen and repair the Green Springs Highway (Ashland Street) bridge over
Interstate 5 (1-5). In addition to the bridge widening, 1-5 will be lowered to improve vertical
clearance, the ramps will be widened. and the ramp intersections will be signalized. The
widened bridge will include bicycle and pedestrian facilities. Aesthetic improvements include
ornamental pedestrian fence, decorative lighting, sidewalk texturing. and new interchange
landscaping.
As part of the project design process, pavement investigations are needed to help develop
strategies for rehabilitating or replacing the existing pavement. Pavement investigations include
testing of the pavement surface with a falling weight denectometer as well as coring through the
pavement and underlying soils. Both tests are performed within the traffic lane in the traffic
wheel path. Therefore, the lane must be closed to traffic during testing. Testing is needed on
Green Springs Highway, 1-5, and the ramps being widened. A map of the pavement testing
locations is attached.
Traffic control devices a'nd naggers will be used .to close one lane on Green Springs Highway.
Because the ramps each have O[1ly a single lane, they must be closed and traffic detoured to
another interchange. One lane will be closed in each direction on 1-5,
. .
Michael Faught. Public Works Director
July I. 2009
Page 2 of2
To minimize impacts to traffic, testing must be performed at night during nonpeak hours. It is
planned to perform the pavement testing between the hours of 9 PM to 5 AM over a period of
four nights. A maximum of four corings will be performed during each work shift. The time
needed to complete one coring is anticipated to be approximately 30 minutes. The time needed
to perform falling weight deflectometer testing is anticipated to be 2 minutes per test. Total
falling weight deflectometer testing is expected to be 15 minutes on a ramp and 40 minutes on
each direction of 1-5. Each pavement coring is expected to take up to 30 minutes. Additionally,
due to time required to move traffic control signage and devices between test locations; the
noise impacts will be intermittent rather than continuous over each work shift.
The planned schedule is:
July 27 Green Springs Highway
July 28 Freeway ramps
July 29-30 1-5
There are no residences within 600 feet of any of the coring locations. There are motels on
Ashland Street and Clover Lane near the work area, including the Knights Inn, Holiday Inn
Express, Village Suites, and Best Western Windsor Inn.
The approval of a noise variance is necessary prior to performing the testing.
If you have any Questions, please call me at 503-986-3311.
Sincerely,
~O~
Tim Dodson, Project Manager
Oregon Department of Transportation
Attachments
CITY OF
ASHLAND
Council Communication
Amend and Extend Food and Beverage Tax
First Reading of Amended AMC 4.34 and Review of Draft Ballot Measure
Meeting Date: July 21,2009 Primary Staff Contact: Ann Seltzer
Department: Administration E-Mail: ann@ashland,oLus
Secondary Dept.: None Secondary Contact: Legal Department
Approval: Martha Benne Estimated Time: 40 minutes
Question:
Does the Council approve first reading of an ordinance titled, "An Ordinance Relating to Food and
Beverage Tax, Extending the Tax to 2030, and Amending Chapter 4.34"? Does the council have any
changes to the draft Ballot Measure for the Food and Beverage tax?
Staff Recommendation:
Staff recommends the Council determine if the proposed ordinance and ballot measure language meet
the intent of the Council and then approve first reading. The Council will approve the election items
(resolution, caption, question and explanatory statement) and will defer the effective date of the
ordinance at the second reading of the ordinance scheduled for the August 4 Council meeting.
Background: . ,
At the June 16 meeting, the Council made a decision to seek voter approval to extend the Food and
Beverage Tax at the November 3, 2009 election, Based on citizen input received during the May
public forums and reported to the Council in June, the Council requested that staff look at ways to .
modify the existing tax and measure in several ways.
The amended ordinance allows:
. The tax to expire in 2030
Staff is suggesting the tax expire in 2030. The debt service for the
wastewater treatment plant will be completed in 2022, Based on
council discussion to allow the funds to be used for capital projects
including the wastewater treatment debt, staff recommends collecting
the tax for six additional years to pay for capital projects currently
identified in the capital improvement plan for the wastewater treatment
plant (attached).lfthefunds are not needed, council can terminate or
reduce the tax at anytime.
. The City Council to reduce or terminate the tax after a public hearing at any time prior to the
sunset date,
. 2% of the funds to be used to cover internal administrative costs
Of the remaining funds:
. 80% will be used for capital projects including debt service on the wastewater treatment plant
. 20% will be used by parks for acquisition, planning, development and major rehabilitation (per
the attached motion by the Parks and Recreation Commission)
Page 1 of3
r.l'
CITY OF
ASHLAND
During the discussion at the June meeting. Councilor Navickas suggested requiring a
percentage of the 20% park allocation to be designated for park acquisition. The Parks and
Recreation Commission did not include that distinction in their motion. Parks Direcror Don
Robertson will be available to address that decision. If the Council wants to make the
distinction, the amended language (AMC 4.34.020 C) could be modified to read: "Twenty
percent (20%) of all taxes collected by the city under this chapter shall be paid into a Parks
Account for purposes of acquisition, planning, development and major rehabilitation of City
Park lands and/or easements, as well as capital improvements, including but not limited to the
continuation of the Open Space Park Program. Ofthe 20%, x% must be used for park land
acquisition."
. $400 cap on single event food service over $8,000 (5% must be collected on events less than
$80,00)
StajJ is recommending a tax cap of $400 on single event food service of
$8,000 or greater and the standard 5% tax on single event food service
of less than $8,000.
. The exemption of the tax of students purchasing food and beverages on school/university
campuses.
The existing ordinance exempts the tax being collected on food and beverage
"sold by public or private schools or colleges except that food sold by
independent contractor operators at such schools or colleges shall be subject
to the tax..." When the attached ordinance was drafted, stajJrecommended
the language be changed to include the tax on school grounds/campuses
except for food and beverage sales to students.
After meeting with SOU senior staff, City stajJnow recommends the tax be
applied to non-university vendors on campus (e.g. Subway Sandwiches) and
to catering events for non-university groups. Staff recommends that food
service related to university functions not be taxed.
These proposed amendments are reflected in the draft ballot measure language,
The Council is asked to approve first reading and in August second reading of this ordinance. The
ordinance will not go into effect unless voters approve the measure at the November 3, 2009 special
election. A Resolution will be prepared for Council approval calling for a special election to submit to
the voters a measure to extend and amend the food and beverage tax. The Resolution will be an
agenda item with the second reading of the ordinance in August.
Election Timeline
November 2009 Ballot
July 21- council review of proposed ordinance and ballot measure
August 2009 - final council approval on ballot measure language, second reading of the
ordinance and approval of the resolution
September 3 -Deadline for Notice of Measure filing for November election
November 3 - special election
Page2of3
r.l'
CITY OF
ASHLAND
Related City Policies:
AMC 4.34
Council Options:
Council can:
. Approve first ,reading as presented or with changes.
. Provide other direction to staff
Potential Motions:
1. I move to approve first reading as presented/with the identified changes and direct staff to modify the
ballot measure language to reflect the changes.
2. I move to
Attachments:
. Ordinance
. Draft ballot measure language
. Motion of Parks and Recreation Commission
. Copy ofClP wastewater treatment plant projects
Page 3 on
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO FOOD AND BEVERAGE TAX, EXTENDING
THE TAX TO 2030, AND AMENDING CHAPTER 4.34
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" ... .L .L and additions are bold underlined,
WHEREAS, Article 2, Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the faregaing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affarding
all legislative powers home rule .constitutional provisions reserved to Oregon Cities.
City of Beaverton v. International Ass'n of Firefiohters, Local 1660, Beavertan Shop,
20 Or. App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, in 1993 the People of the City of Ashland enacted a Food and
Beverage Tax by referendum, which imposed tax on food and beverages sold to
customers of restaurants, caterers and certain combination facilities;
WHEREAS, restaurants and other "Operators" collect the tax imposed on
customers and hold the tax in trust for the account of the City until the tax is
remitted ar "passed-through" to the City;
WHEREAS, proceeds from the food and beverage taxes have been used to fund
the acquisition of public open space park lands as well as to pay the debt
associated with improvements required to be made to the City's wastewater
treatment facility;
WHEREAS, the law is codified in AMC Chapter 4.34 and will sunset in December
2010 unless extended; and
WHEREAS, the Ashland City Council has elected to amend AMC Chapter 4,34 to
extend and amend the food and beverage tax law and ta submit such law to the
voters of the City of Ashland; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Ordinance No.
Page 1 of 10
SECTION 1. Chapter 4.34 [Food and Beverage Tax] is hereby amended to read as
follows:
4.34.010 Definitions.
The following words and phrases whenever used in this chapter shall be construed.
as defined in this section unless from the context a different meaning is intended,
A. "Caterer" means a person who prepares food at a business site, for
compensation, for consumption on or off the business premises but within
the corporate limits of the city.
B. "Combination facility" has the same meaning as defined in Oregon
Administrative Rule 333150000(8) 333-150-000014lli} which the State of
Oregon Department of Agriculture licenses or inspects under Oregon
Administrative Rule 333 158 0000333-158-0000.
C. "Director" means the Director of Finance of the City of Ashland, or his/her
designee.
D. "Food" includes all prepared food items meals and beverages, excluding
alcoholic beverages, served in a restaurant including "takeout", "to go" or
delivered orders,
E. "Open Space Park Program" and "Open Space lands or easements" have
the same meaning as used in Article XIX A of the Ashland City Charter.
F. "Operator" means the person who is proprietor of the restaurant, whether in
the capacity of owner, lessee, sublessee, mortgagee in possession, licensee
or any other capacity. Where the aperator is a corporation, the term operator
shall also include each and every member of the Board of Directors of such
corporation for the time involved.
G, "Restaurant" means any establishment required to be licensed as a
restaurant, mobile unit or pushcart by the State of Oregon Health Division
and includes any establishment where food or beverage is prepared for
consumption by the public or any establishment where the public obtains
food or beverage so prepared in form or quantity consumable then and there,
whether or not it is consumed within the confines of the premises where
prepared, and also includes establishments which prepare food or beverage
in consumable form for service outside the premises where prepared, The
term restaurant includes, but is not limited to Qrocerv store delis, coffee
shops. and caterers; The term restaurant !talso includes establishments
where such food ar beverage is prepared in a combination facility, The term
restaurant does not include a restaurant licensed by the State of Oregon
Health Division as a limited service restaurant.
4.34.020 Tax Imposed.
A. Except for exempt or tax-capped activities specified in AMC 4.34.030.
the +he city imposes and levies, in addition to all other taxes, fees and
charges of every kind, a tax upon:
1. All food and beverages sold by restaurants located within the city to the
public, except for whole cakes, pies, and laaves of bread if purchased for
consumption off premises, and for alcoholic beverages;
Ordinance No.
Page 2 of 10
2. All food and beverages, exsept alsoholis beverages, sold by a caterer
for an event located within the city, except alcoholic beveraQes and
exempt events as defined in AMC 4.34.030K;-am:I
3, The following items sold by combination facilities:
a, Salads from salad bars;
b, Dispensed soft drinks and coffee; and
c. Sandwiches or hot prepared foods ready far immediate consumption~.
d. The following items, including toppings or additions, scooped or
otherwise placed into a cone, bowl or other container for immediate
consumption whether or not they are consumed within the confines of
the premises where scooped or placed: Any frozen dessert regulated
by the Oregon State Department of Agriculture under ORS 621.311
and any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be
imposed under this subsection, however, on any item whose volume
exceeds one-half gallon or more.
e, Any other food mixed, cooked or processed on the premises in form or
quantity for immediate consumption whether or not it is consumed
within the confines of the premises where prepared; and
4. The following items sold by combination facilities that are bakeries:
a, All those items listed in Section 4.34.020.A.3.a-d;
b, All bakery products sold far consumption on the premises; and
c, All "takeout" or "to go" orders of bakery products prepared an the
premises except for whole cakes, pies, and loaves of bread and any
k / order consisting of six or more bakery products.
')( ~ Note: Use of a . t delive service does not excuse the
o erator from the re uirement to collect and emit the tax on the food 1 (hA1.r%"
and beveraQes sold. ~ t'UlLfC<.dtvt.t1 ~
B. Such tax shall be imposed at a rate af one-five percent on the~unt t:U1 ~
charged by the seller for the food and beverages, or for the meal. In the .
computation of this tax any fraction of one-half cent or more shall be treated
as one cent.
C. AU Twenty percent (20%) of all taxes collected by the city under this
chapter shall be paid into the Open Spase .!! Park~ Account for purposes of
aeQulsmon. planninQ. development and maior rehabilitation OT l,;lty park r::;.
lands and/or easements. as well as capital improvements. includinQ but
not limited to the continuation of the Open Space Park ProQram, SuGh
taxes shall be used for the asquisition of Open SpaGe lands or
easements'and f-or such other purposes pertinent to the Open Spase
Park Program as the CounGiI and Park Commission may jointly
determine. . vVJJsW be. ~
D. Eighty percent (80%) of all taxes collected by the City shall be used for
the ur ose of a in for ca ital ro'ects which includes but is not
limited to the wastewate treatment lant debt. The council may
t(
tlW1~
Ordinance No,
Page 3 of 10
decrease im:rease the rate of the tax or eliminate the tax described in
subsection 4,34,020.A up to a maximum of fiye percent after a public
hearing. Notice of the hearing shall be given by publication in a newspaper
of general circulation in the City at least 10 days prior to the date of the public
hearing. Notwithstanding subsection 4.34.020.C, taxes collected by the
City as a result of any increased rate under this subsection shall be
used for the purpose of researching, designing ami constructing State
of Oregon mandated sewage treatment methods, which may include,
but not be limited to, wetlands.
E. The City may retain UP to two percent (2%) of the tax collected for costs
of administration and collection.
4.34.030 Exemptions.
The tax levied by Section 4.34.020 shall be capped, at the amount specified, or
shall not be collected or assessed on food or beverages:
A. Sold to students on Wt publiC or private schools arounds or colleges
campuses. whether or not as part of a student meal plan. except
that feod sold b'l independent contraetor operators at sHeh sehools
or Eolleges shall be sHbjeet to the tax imposed by this Ehapter;
B, Provided by Sold on hospitalSi arounds;
C. Provided by bed and breakfast establishments to their guests;.~
D. Sold in vending machines;
E. Sold in temporary restaurants including food stands, Dooths, street
concessions and similar type operations, operated by nan-profit
organizations or service clubs.
F. Served in connection with overnight or residential facilities--including, but not
limited to, convalescent homes, nursing homes, retirement homes and
motels--if the food and beverage are provided as part of the cost of sleeping
accommodations.
G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of
age as a part of a recognized senior citizen nutritional program.
H. Sold for resale to the public,
I. Sold in bulk to the public for non-immediate consumption off the premises
such as includina but not limited to ice cream packed in a container of
one-half gallon or more.
J. Which are candy, popcorn, nuts, chips, gum or other confectians but not
including ice cream, frozen yogurt, cakes, pies or other desserts.
K. Sold after July 1, 1993, but before December 31, 1993, pursuantto a
contract for the sale of such food or beyerages signed and delivered to
the operator prior to May 4, 1993, provided that a copy of such contract
is retained by the operator for re'/iew by the director upon request.
Sold bv an operator at a sinale food service event located within the
city in which restaurant or caterina services, (exclusive of alcohol)
exceed $8,000, in which case, the applicable food and beveraae tax
Ordinance No,
Page 4 of]O
shall not be excused but shall be capped at four hundred dollars
L$400.00).
4.34.040 Operator's Duties.
Each operator shall collect the tax imposed by this chapter, to the same extent and
at the same time as the amount for the food or beverage is collected from every
purchaser. The amount of tax need not be separately stated from the amount of the
faod or beverage, Every operator required to collect the tax imposed in this chapter
shall be entitled ta retain five percent of all taxes collected to defray the costs of
collections and remittance.
4.34.050 Reporting and remitting.
A. ReportinQ. On or after July 1, 1993, eEvery operator shall, on or before the
last day of the month following the end of each calendar quarter (in the
months of April, July, October and January), make a return to the director, on
forms provided by the City, specifying the total sales subject to this chapter
and the amount of tax collected under this chapter. The operator may
request or the director may establish shorter reportinQ periods for any
operator if the operator or director deems it necessary in order to
insure collection of the tax and the director may require further
information in the return relevant to payment of the liability. A return
shall not be considered filed until it is actually received by the director.
B. RemittinQ. At the time the return is filed, the full amount of the tax collected
shall be remitted to the director. /". return shall not be considered filed
until it is actually received by the director. Payments received by the
directar for application against existing liabilities will be credited toward the
period designated by the taxpayer under conditions which are not prejudicial
to the interest of the City. A condition which is considered prejudicial is the
imminent expiration of the statute of limitations for a period or periods.
C. Order of Payments. Nondesignated payments shall be applied in the order
of the oldest liability first, with the payment credited first toward any accrued
penalty, then to interest, then to the underlying tax until the payment is
exhausted. Crediting of a payment toward a specific reporting period will be
first applied against any accrued penalty, then to interest, then to the
underlying tax. The director, when in the director's discretion determines that
it will be in the best interest of the City, may specify that a different order of
payment credit should be followed with regard to a particular tax or factual
situation. The director may establish shorter reporting periods for any
operator if the director deems it necessary in order to insure collection
of the tax and the director may require f-urther infOrmation in the return
relevant to payment of the liability.The director may establish shorter
reporting periods for any operator if the director deems it necessary in order
to insure collection of the tax and the director may require further information
in the return relevant to payment of the liability, When a shorter return period
is required, penalties and interest shall be computed according to the shorter
return period, Returns and payments are due immediately upon cessation of
Ordinance No.
Page 5 of 10
business for any reason, All taxes collected by operators pursuant to this
chapter shall be held in trust for the account of the City until payment is made
to the director. A separate trust bank account is not required in order to
comply with this provision.
The amendments to Section <1.J<1.050 shall be considered effective as of
January 1, 200J. Any operator .....hich may be entitled to a refund or a
credit for penalties assessed and paid due to the application of
payments pursuant to AMC Section 4.J<1.050 as it existed prior to
enactment of this ordinance, but after January 1, 200J, must f~le a
written claim .....ithin JO days from the effecti'/e date of this ordinance fer
a refund of such penalties with the director. Upon receipt of a written
claim for refund of penalties assessed, the director will, within JO
calendar days, make a determination as to whether any refund is due.
In the event a refund is due, an operator may claim a refund, or take as
credit against taxes collected and remitted, the amount overpaid, paid
more than once or erroneously or illegally collected or received in a
manner prescribed by the director. The operator shall notify director of
the operator's choice no later than 15 days fello.....ing the date director
mailed the determination. In the event the operator has not notified the
director of the operator's choice ....:ithin the 15 day period and the
operator is still in business, a credit will be granted against the tax
liability fer the next reporting period, if the operator is no longer in
business, a refund check .....i11 be mailed to claimant at the address
pro...ided in the claim f-arm. Any operator who fails to file a claim for
refund as set ferth in this subsection shall be deemed to have waived
any entitlement to refund of overpayment of penalties.
4.34.060 Penalties and Interest.
A. Any operator who fails to remit any portion of any tax imposed by this chapter
within the time required, shall pay a penalty of ten percent of the amount of
the tax, in addition to the amount of the tax.
B. Any operator who fails to remit any delinquent remittance on or before a
period of 60 days following the date on which the remittance first became
delinquent, shall pay a second-delinquency penalty of ten percent of the
amount of the tax in addition to the amount of the tax and the penalty first.
imposed.
C. If the director determines that the nonpayment of any remittance due under
this chapter is due to fraud, a penalty of 25% percent of the amount of the tax
shall be added thereto in additian to the penalties stated in subparagraphs A
and B of this section.
D. In addition to the penalties imposed, any operator who fails to remit any tax
imposed by this chapter shall pay interest at the rate of one percent per
month or fraction thereof on the amount of the tax, exclusive of penalties,
from the date on which the remittance first became delinquent until paid.
Ordinance No.
Page6oflO
E. Every penalty imposed and such interest as accrues under the provisions of
this section shall become a part of the tax required to be paid.
F. Notwithstanding subsection 4.34,020.C, all sums collected pursuant to the
penalty provisions in paragraphs A, Band C of this section shall be '
distributed to the City of Ashland Central Service Fund to offset the costs of
auditing and enforcement of this tax.
G. Waiver of Penalties, Penalties and interest far certain late tax payments may
be waived pursuant to AMC 2.28.045 D~
4.34.070 Failure to Collect and Report Tax--Determination of Tax by Director.
If any operator should fail to make, within the time provided in this chapter, any
report of the tax required by this chapter, the director shall proceed in such manner
as deemed best to obtain facts and information on which to base the estimate of tax
due. As soon as the director shall procure such facts and information as is able to
be obtained, upon which to base the assessment of any tax imposed by this chapter
and payable by any operator, the director shall proceed to determine and assess
against such operator the tax, interest and penalties provided for by this chapter. In
case such determination is made, the director shall give a notice of the amount so
assessed by having it served personally or by depositing it in the United States mail,
postage prepaid, addressed to the operator so assessed at the last known place of
address. Such operator may make an appeal of such determination as provided in
section 4,34.080, If no appeal is filed, the directar's determination is final and the
amount thereby is immediately due and payable.
4.34.080 Appeal.
Any operator aggrieved by any decision of the director with respect to the amount of
such tax, interest and penalties, if any, may appeal pursuant to the
Administrative Appeals Process in AMC 2.30.020. except that the appeal shall
be filed to the Gity GOlJnGiI by filing a notiGe of appeal with the Gity
administrator within 30 days of the serving or mailing of the determination of tax
due, The GOlJncil shall fix a time and pi aGe for hearing SIJGh appeal, and the
Gity administrator shall give five days written notice of the time and plaGe of
hearing to SIJGh operator at the last known pi aGe of address. The hearinas
officer cOlJnciI shall hear and consider any records and evidence presented
bearing upon the director's determination of amount due, and make findings
affirming, reversing or modifying the determination. The findings of the hearinas
officer GOlJnGil shall be final and conclusive, and shall be served upon the
appellant in the manner prescribed above for service of notice of hearing, Any
amaunt found to be due shall be immediately due and payable upon the service of
notice.
4.34.090 Records.
It shall be the duty of every operator liable for the callection and payment to the city
of any tax imposed by this chapter to keep and preserve, for a period of three years,
all such records as may be necessary to determine the amount of such tax, The
director shall have the right to inspect all records at all reasonable times,
Ordinance No.
Page 7 of 10
4.34.100 Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid
more than once, or has been erroneously or illegally collected or received by the
city under this chapter, it may be refunded as provided in subparagraph B of this
section, provided a claim in writing, stating under penalty af perjury the specific
grounds upon which the claim is founded, is filed with the director within one year of
the date of payment. The claim shall be on forms furnished by the director.
B, The director shall have 20 calendar days from the date of receipt of a claim to
review the claim and make a determination in writing as to the validity of the claim.
The director shall notify the claimant in writing of the director's determination. Such
notice shall be mailed to the address provided by claimant on the claim form. In the
event a claim is determined by the director to be a valid claim, an operator may
claim a refund, or take as credit against taxes collected and remitted, the amount
overpaid, paid more than once ar erroneously or illegally collected ar received in a
manner prescribed by the director. The operator shall notify director of claimant's
choice no later than 15 days following the date director mailed the determination. In
the event claimant has not notified the director of claimant's choice within the 15
day period and the operator is still in business, a credit will be granted against the
tax liability for the next reporting period, if the operator is no longer in business, a
refund check will be mailed to claimant at the address provided in the claim form.
C, No refund shall be paid under the provisions of this section unless the claimant
established the right by written records showing entitlement to such refund and the
director acknowledged the validity of the claim.
4.34.110 Actions to Collect.
Any tax required to be paid by any operator under the provisions of this chapter
shall be deemed a debt owed by the operator to the city. Any such tax collected by
an operator which has not been paid to the city shall be deemed a debt owed by the
operator to the city. Any person owing money to the city under the provisions of this
chapter shall be liable to an action brought in the name of the City Of Ashland for
the recovery of such amount. In lieu of filing an action for the recovery, the City of
Ashland, when taxes due are more than 30 days delinquent, can submit any
outstanding tax to a collection agency. So long as the City of Ashland has 'complied
with the provisions set forth in ORS 697.105, in the event the City turns over a
delinquent tax account to a collection agency, it may add to the amount owing an
amount equal to the collection agency fees, not to exceed the greater of fifty dollars
or fifty percent of the outstanding tax, penalties and interest owning.
4.34.120 Violations InfraGtions.
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is
a violation of this chapter for A any operator or other person wOO to:
A. fails or refuses to comply as required herein.;.,. -
Ordinance No.
Page 8 of 10
~ or to fail or refuse to furnish any return required to be madei.., or fails
or refuses to
C. fail or refuse to permit inspection of records; ,
D. fail or refuse to furnish a supplemental return or other data required by
the directori..,
E. or wl10 renders a false or fraudulent return or claimi.., Of
F. who fails, refuses or neglects-to remit the tax to the city by the due date~
The remedies provided bv this section are not exclusive and shall not prevent
the City from exercisinQ any other remedy available under the law, nor shall
the provisions of this ordinance prohibit or restrict the City or other
appropriate prosecutor from pursuinQ criminal charQes under state law or city
ordinance. is guilty of an infraction ami sl1all be punished as set forth in
section 1,08.020 of the .'tshland Municipal Code.
4.34.130 Confidentiality. ,
Except as otherwise required by law, it shall be unlawful for the city, any officer,
emplayee or agent to divulge, release or make known in any manner any financial
information submitted or disclosed to the city under the terms of this chapter.
Nothing in this section shall prohibit:
A. The disclosure of the names and addresses of any person who are operating a
restaurant; or
B, The disclosure of general statistics in a farm which would prevent the
identification of financial information regarding an individual operator; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction in the
prosecution of a claim by ti'lQ Ehl "dul or an appeal from the director for amount
due the city urter this~erC--r~ (fr C-lU J. -11== 1)
SECTION 4.34.140 Examining Books, Records, or Persons.
The city, for the purpose of determining the correctness of any tax return, or for the
purpose of an estimate of taxes due, may examine or may cause to be examined by
an agent or representative designated by it far that purpose, any books, papers,
records, or memoranda, including copies of operator's state and federal income tax
return, bearing upon the matter of the operator's tax return,
SECTION 4.34.160 Termination of tax.
This chapter shall expire on December 31, 2030~, unless extended by a vote of
the electorate.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses Of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses,
SECTION 3. SavinQs, Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
Ordinance No.
Page 9 of 10
shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative,
This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions commenced and continued under the laws in
effect at the time the matters were originally filed.
SECTION 4. Referral to Special Election, Pursuant to Resolution No, 2009 -
the Ashland City Council has referred this Ordinance to the Voters for approval at
the Special Election dated November 3, 2009, Accordingly this Ordinance shall not
be effective unless and until approved by the voters of the City of Ashland and
following the official acceptance of the canvas of the vote,
SECTION 5, Codification, Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed ta "code", "article", "sectian",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (Le, Sections 2-5) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
The foregaing ordinance was first read by title only in accordance with Article X,
Sectian 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 10 of 10
DRAFT
City of Ashland, Ballot Measure, November 3 Special Election
Amend and Extend Food and Beverage Tax
Caption:
Extend the 5'(, tax on food and beverage to 2030.
Total to words (/0 words permitted per ORS 250.035)
Question:
Shall 5% tax on prepared food and beverages be extended to 2030 for parks and capital debt
including wastewater treatment?
Total 20 words (20 words permitted per ORS 250.03520)
Summary:
This measure extends the five percent tax on prepared food and beverages sold by restaurants,
caterers, grocery store delis, coffee shops and other commercial businesses. Alcoholic beverages
are excluded. Tax revenues are dedicated to the acquisition and improvement of parks and for
capital projects, including the wastewater treatment plant. The City Council can reduce or
eliminate the tax. Restaurants retain 5% of the tax collected. The City may use up to 2% for
administrative expenses.
The tax is not collected on food or beverages sold to students on school grounds, on hospital
grounds, vending machines, temporary food stands, booths, street concessions or by nonprofits or
service clubs or senior centers. food provided by bed and breakfast inns is excluded.
For single events, such as weddings, costing more than $8,000 the tax is capped at $400.
Total 135 words (/75 words permitted per ORS 250.035)
Exolanatory Statement:
Passage of this measure will extend a tax that provides funds for park acquisition and
improvements and for capital projects, including the wastewater treatment plant.
Since its initial passage in 1993, the total number of park acreage in Ashland has increased from
425 acres to 785 acres. If the tax is extended, the Parks and Recreation Commission will use the
revenue to complete projects in the Parks Master Plan.
To comply with environmental requirements, the City constructed a new wastewater treatment
plant. The plant cost $34 million. The City paid $10 million using Food and Beverage tax
revenue and borrowed $24 million for the balance. The annual loan payment is $1.8 million
including principal and interest. The Food and Beverage tax provided about $1.5 million, in 2008
for the payment. The loan will be paid in 2022. If the tax is not extended, the City will make
payments with other revenues which may include an increase in wastewater utility rates.
Food and beverage providers keep 5% of the total collected to cover their administrative costs
and the balance is sent to the Ci.ty. Of that amount, up to 2% may be retained by the City for
administrative costs. Of the balance 20% is to be used for park acquisition and improvements,
and 80% is to be used for capital projects including the wastewater treatment plant.
DRAFT
All businesses in the city limits that sell prepared food and beverages must collect the tax. This
includes restaurants, grocery store delis, coffee shops, catering services and other food service
businesses.
Alcoholic beverages and whole cakes, pies and loaves of bread consumed off premises are
exempted. Students are excluded from paying the tax at public schools or college campuses. The
tax is capped at $400 for single events that exceed $8,000 in food and beverages sold.
The tax will also not be assessed on food or beverages:
. Sold on hospital grounds;
. Provided by bed and breakfast inns and hotels/motels as part of their lodging;
. Sold in vending machines;
. Sold by nonprofit organizations or service clubs as a temporary fundraiser;
. Convalescent homes, nursing homes and retirement homes;
. Provided by a recognized senior citizen nutritional program;
. Sold for resale to the public;
. Sold in bulk for consumption off the premises such as ice cream packed in a container of
one-half gallon or more;
. Candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen
yogurt, cakes, pies and other desserts.
Businesses will collect the tax at the same time as the amount for the food and beverage is
collected.
Each business provides the tax collected to the City on or before the last day of the month
following the end of each quarter. Businesses may arrange with the City to remit the tax
monthly.
This tax will expire in 2030 unless the City Council eliminates the tax. Funds generated after
2022 will be used for capital projects including wastewater treatment funds.
Tola/496 words (500 words permitted per ORS 246.150,251.305 & 251.325 500)
2
"
MOTIONS
Ashland Parks and Recreation Commission
Regular Meeting
June 22,2009
FOOD AND BEVERAGE TAX DISCUSSION
The commission approved recommending to council that the Parks portion of the tax be
no less than 20%; that the duration of tax be indefinite; and that the Parks portion of tax
revenues be used for acquisition, planning, development, and major rehabilitation per the
City of Ashland's Capital Improvement Plan.
Mike Gardiner, Chair, Ashland Parks and Recreation Commission
Don Robertson, Parks Director (Witness)
07/16/09
, .
, .
capital improvements plan
Capital Improvements Plsn
2010-201S Construction Years
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Abandoned Vehicles Ordinance
July 21,2009 Primary Staff Contact:
Police E-Mail:
Legal Secondary Contact:
Martha Benne Estimated Time: '
Terry Holderness
holdernt@ashland,or,us
Megan Thornton
5 minutes
Question:
Should the City Council conduct and approve the second reading of an ordinance titled, "An Ordinance
Relating to Abandoned Vehicles and Repealing Chapter 11.32"?
Staff Recommendation:
Staff recommends Council approve the Second Reading and approve adoption of the Ordinance,
Background:
This ordinance corrects practices as recommended by the Law Enforcement Data System [LEDS]
Audit. On June 16th, 2009 the Council approved First Reading with no changes, Second Reading was
set over to July 21, 2009,
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
1. The City Council could approve the second reading and adoption of the ordinance.
2. The City Council could postpone Second Reading.
.Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only}
Coullcil: Motion to approve Second Reading and approve adoption of the ordinance.
Attachments:
. An Ordinance Relating to Abandoned Vehicles and Repealing Chapter 11.32
Page I of I
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO ABANDONED VEHICLES AND REPEALING
CHAPTER 11.32
Annotated to show deletiom; and additions to the code sections being modified.
Deletions are bold .., .. , and additions are bold underlined,
WHEREAS, the City would like to better define the term abandoned vehicle; and
WHEREAS, the City would like to adopt the process far custody, removal, and
disposal of abandoned vehicles provided by state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 11.32.010 [Definitions] through 11.32,050 [Natice and
Towing of Abandoned Vehicles] are hereby added to read as follows:
11.32.010 Definitions
A. "Abandoned vehicle" means anv vehicle that has been deserted or
relinauished without claim of ownership. A vehicle shall be considered
abandoned if it has remained in the same location for more than 72
hours and one or more of the followina conditions exist:
1) The vehicle has an expired reaistration sticker or trip permit affixed
to it:
2) The vehicle appears to be inoperative or disabled: or
3) The vehicle appears to be wrecked, partiallv dismantled or iunked.
B. "Chief of police" means the person holdina the position of chief of
police of the Ashland police department. or anv aaent, emplovee, or
desianee authorized to perform the duties of this chapter bv the chief of
police. .
C. "Discarded" vehicle means anv vehicle or part thereof which is in one
or more of the followina conditions:
1) Inoperative:
2) Wrecked:
3) Dismantled;
4) Partiallv dismantled:
5) Junked.
Discarded vehicles mav be deemed to include maior parts of vehicles
includina but not limited to bodies, enaines, transmissions and rear
ends.
Ordinance No,
Abandoned Vehicles
Page] of3
D. "Vehicle" means every device in. upon. or by which any person or
property is or may be transported or drawn upon any street or hiQhway.
and includes any hulk or component thereof.
11.32.020 Declaration of Public Nuisance.
The open accumulation and storaQe of abandoned or discarded vehicles
are hereby found to create a condition tendinQ to reduce the value of
private property. to promote bliqht, deterioration and unsiQhtliness. to
create fire hazards. to constitute an attractive nuisance creatinQ a hazard
to the health and safety of minors. to create a harboraQe for rodents and
insects and to be iniurious to the health. safety and Qeneral welfare.
Therefore. the presence of an abandoned or discarded vehicle on private
or public property is hereby declared to constitute a public nuisance which
may be abated in accordance with the provisions of this chapter.
11.32.030 Prohibited Action.
It is unlawful to park. store. leave. or permit the parkinq or storinQ of an
abandoned or discarded vehicle upon any public or private property within
the city for a period of time in excess of seventy-two (72) hours unless the
vehicle is (1) completely enclosed within a buildinq; or (2) stored in
connection with a business enterprise allowinQ outdoor storaqe and
lawfully licensed by the City.
11.32.040 Penalty.
Violation of this chapter is punishable in accordance with AMC 1.08.020.
11.32.050 Notice and TowinQ of Abandoned Vehicles.
If the owner of the vehicle. private property owner. or lessee of property
upon which the vehicle is located is not removed after notice is provided
as required in ORS 819.170. then the vehicle shall be towed and disposed
of in accordance with ORS 819.110 throuqh ORS 819.270. The Chief of
Police may desiqnate an employee, aqent. or officer to perform the duties
required under this chapter and the applicable provisions of state law.
SECTION 2. Repeal. Ashland Municipal Code Chapter 11,32 [Abandoned
Vehicles] is hereby repealed in its entirety. Any municipal code provisions in conflict
with the provisions contained herein are also hereby repealed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsectian. paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
Ordinance No.
Abandoned Vehicles
Page 2 of3
" .
SECTION 4. SavinQs. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actians were commenced,
shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions commenced and continued under the laws in
effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
ar re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (Le. Sections 2-5) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors,
The foregoing ordinance was first read by title only in accordance with Article X,
Sectian 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009,
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Abandoned Vehicles
Page 3 of3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Chapter 13: Part 1
July 21,2009 Primary Staff Contact: Richard Appicello
Legal E-Mail: appicelr@ashland.or.us
Public Works Secondary Contact: Mike Faught
Martha Benne Estimated Time: S minutes
Question:
Should the Council approve Second Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 to Establish Standard Forms for Right-of- W ay Regulation and Providing for Donation or
Loan of functional Items"?
Staff Recommendation:
Staff recommends Council approve the Second Reading and approve adoption of the Ordinance.
Background:
On June 2Sh, 2009 the Council approved First Reading. Changes made after the seven day deadline of
the City Charter were fully read. Second Reading was set over to July 21,2009. No additional
changes are proposed.
Related City Policies:
Ashland City Charter Article X
Council Options:
1) Council can approve Second Reading and adoption of the ordinance.
2) Council can postpone Second Reading.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only}
Council: Motion to approve Second Reading and approve adoption of the ordinance.
Attachments:
Ordinance.
Page 1 of 1
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 13
TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION
AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS
Annotated to show doletion~ and additions to the code sections being modified.
Deletions are bold" ... <L and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, (1975); and
WHEREAS, the 2008 Downtown Task Force made several recommendations to the
City Council concerning the use of City sidewalks for commercial and other purposes,
including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern,
inter alia, more equitable allowance for use of the public right-of-way for private
commercial use, a more consistent encroachment permit process, including standards
for placement of functional objects (planter boxes, benches, trash cans, etc - with
allowance for private placement of such public use items), control over the placement
and maintenance of miscellaneous publication racks and news-racks within the
downtown; and
WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating
to use of City right-of-way to provide for standard forms and to make allowance for
donation or loan of functional items; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Section 13.02.040 is hereby amended to read as follows:
13.02.040 Permission Required
Page 1 of 3
A. Prohibition. Except as provided in AMC 13.02.040.C. , no No person or
entity may occupy or encroach on a public right-of-way without the permission of
the city. The city grants permission to use public rights-of-way, by franchises,
licenses, concessions and permits.
B. Standard forms. Franchises, licenses. concessions and permits for use of
public riQhts-of-way, shall comply with all applicable requirements for
occupancy or encroachment of such areas as set forth in Chapter 13.03
and other applicable provisions of the Ashland Municipal Code.
Franchises, licenses concessions and permits shall be submitted on a City
standard form franchise. license. concession, or permit template, tOQether
with required fees, if any. Such standard form templates and fees may be
adopted and amended by the City Council by Resolution.
C. City Functional Items. The City of Ashland is not required to obtain
permits or other City authorizations to place City utilities, facilities or other
structures, in the riQht-of -way. includinQ "functional items" intended for
public usaQe. City functional items include. but are not limited to. a City
standard bench. water fountain. planter box. QarbaQe receptacle. ash can.
bike rack. bollard. publication box. or other functional items identified by
Resolution of the City Council. The City Council Resolution shall identify
functional items and establish minimum standards for such items.
D. Donated or Loaned Functional Items. An abuttinQ property owner tOQether
with the occupant may donate or loan to the City of Ashland a City
standard functional item for use in an adiacent sidewalk permit area. Other
persons or entities may also donate or loan functional items. for use in
non-adiacent public areas. Items accepted on loan require insurance and a
maintenance I hold harmless I indemnity aQreement in the standard
approved form. Donated items do not require insurance or a maintenance
aQreement but the donations must be accepted by the City to be eliQible for
placement. The City Administrator is deleQated authority to accept or
reiect donations and loans for purposes of this Chapter. in the
Administrator's sole discretion. After demonstrated compliance with this
section. the City Public Works Director may authorize in writinQ the
placement of a donated or loaned city standard functional item. in locations
meetinQ. at a minimum. the six foot or eiQht foot clearance requirement of
AMC 10.64.010 or in approved locations shown on an adopted Downtown
Sidewalk UsaQe Map. Items not strictly complyinQ with minimum
standards for such City functional items. le.Q. - a decorative art bench) may
be permitted throuQh the public art process in AMC Chapter 2.17.
'\
E. Penalty. KnowinQly occupyinQ or encroachinQ upon a public riQht-of-way
without the permission of the City shall be considered a Class C
misdemeanor offense. subiect to the limitations of AMC 1.08. Violation of
any code requirement. aQreement. permit. license. or provision thereof.
Page 2 of 3
includinQ any term. standard, requirement, or condition shall be considered
Class A violation punishable as provided in AMC 1.08.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
~.EGTION5,'[)elayed Eff~c::t.ive Date.'y'lnorder toall()Wtime forthElCity CoUhC!I',lO
adopt standard forms andimplementingdocumentsithis Ordinance shall not be
~ffective untilNovembert,2009.r--
SECTIONil61 Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
3-5) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of 3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Chapter 13: Part 2
July 21,2009 Primary Staff Contact: Mike Faught
Public Works E-Mail: faughtm@ashland.or.us
Legal Secondary Contact: Richard Appicello
Martha Benne Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44"?
Staff Recommendation:
Staffrecommends Council approve the Second Reading and approve adoption of the Ordinance.
Background:
On June 25th, 2009 the Council approved First Reading of this Ordinance. Changes made after the
seven day deadline of the City Charter were fully read. Second Reading was set over to July 21,
2009. A few changes are shown in shaded text and must be read.
Related City Policies:
Ashland City Charter Article X
Council Options:
1) Council can approve Second Reading and adoption of the ordinance.
2) Council can postpone Second Reading.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only}
Council: Motion to approve Second Reading and approve adoption of the ordinance.
Attachments:
Ordinance
Page 1 of 1
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM
SIDEWALK REGULATIONS AND REPEALING AMC 6.44
Annotated to show dolotion~ and additions to the code sections being modified.
Deletions are bold'" ... and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop, 20 Or.
App. 293, (1975); and
WHEREAS, the City of Ashland does not ban constitutionally protected speech and
expression on City sidewalks, provided such speech and expression does not obstruct
pedestrian traffic, consistent with AMC Chapter 10; and
WHEREAS, the City of Ashland prohibits all commercial activity (sidewalk vending) on
City sidewalks except for certain limited activities (i.e. the sale of only certain narrowly
drawn categories of goods) which have been shown, based on the record of this
proceeding, to fulfill a special public need for such goods.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Chapter 6.44 [SIDEWALK CAFES] is hereby repealed.
SECTION 3. A new Chapter AMC 13.03 [Sidewalk Cafe',Sp-ecial Eveiltaild
Publication Box Regulations] is hereby added to read as follows:
13.03 Sidewalk Cafe. Special Event and Publication Box ReClulation
13.03.010 Purpose.
Page 1 of 12
The purpose and intent of this chapter is to protect and promote a safe
environment within the public riClhts-of way of the City of Ashland. specifically on
City sidewalks. The purpose of this chapter is to recoClnize a special public need
for sidewalk dininQ as it relates to economic development and tourism in
Ashland. Similarly. this chapter recoQnizes the special public need for City
sponsored special commercial sales events to promote tourism and economic
development. Finally. this chapter recoQnizes the special public need for'
publication boxes to quarantee the free exchanCle of information.
NotwithstandinCl this public need. the placement of obiects on the public riClht of
way reCluires adeCluate reClulation to ensure its primary purposes. which include:
Uninhibited pedestrian access on sidewalks
Access enterinCl and exitinCl vehicles parked in the riQht of way
Maintenance of utilities within the riqht of way
EmerClency service access to persons both within the riClht of way and on
private property.
It is also the intent of this chapter to recoQnize the importance of the aesthetic
Quality of the public riQhts of way by providinCl minimum standards to maintain a
positive visual streetscape for the City of Ashland that promotes the enioyable
use of the riClht of way for all of its intended and leClal purposes. This is achieved
throuClh the followinCl:
Materials and Construction Standards
Maintenance and Safety Standards
Placement. Clearance and SpacinQ ReCluirements
Procedures for Abatement I Removal
Penalties
13.03.020 Definitions
A. AbuttinCl property owners and occupants. Any owner or occupant of
property which abuts the subiect adiacent sidewalk permit area.
B. Adiacent sidewalk area. That portion of the public sidewalk between the
curb line and the property line demarcated by extendinCl the side buildinQ lines of
the premises until they intersect the curb.
C. Downtown Sidewalk UsaCle Map (DSUM). A detailed map of the Ashland
Downtown District adopted by Resolution of the Ashland City Council. The DSUM
C1raphically demonstratinQ the sidewalk areas available for occupancy or
encroachment under this Ordinance.
D. Sidewalk Permit Area. That area of a City public sidewalk beinCl lawfully
utilized by a person or entity pursuant to a permit or aClreement with the City of
Ashland for the limited purposes set forth in this ordinance. Lawful use for
Page 2 of 12
purposes of this Chapter means compliance with all applicable Federal. State,
and local laws and reQulations. includinQ but not limited to full payment of fees,
rates and charCles. if any,
13.03.025 Limited Applicability to DesiClnated Zones.
Permits and aClreements for occupancy or encroachment of the sidewalk permit
area are available only if the property is located in one of the followinQ zoninCl
districts: C-1-D (Commercial Downtown), C-1 (Commercial). or E-1 (Employment).
Only lawful use is permitted. Lawful use means only the limited uses and
activities identified herein (sidewalk dininCl and special event) and consistent with
and in compliance with all other applicable laws. includinCl City land use
reClulations and controls. and all other applicable Federal. State, County and City
reClulations. All other sidewalks outside the above desiClnated zones are not
available for sidewalk usaCle by permit or concession. other than exempt
activities and uses, [functional items], or interim uses specifically provided for
herein.
13.03.030 Exempt Activities: City Seasonal Event usaQe.
NotwithstandinCl any provision to the contrary in this Ordinance. the City Council
may. at its discretion and upon such conditions as it deems appropriate. C1rant
permission to adiacent owners and occupants. by special permit for free use of
the sidewalk permit areas in the commercial zones of the City for desiQnated
seasonal events. Such seasonal events shall be desiClned and structured to fulfill
a special public need to promote tourism and economic development. Such
Seasonal Event permits shall be initially limited to three days the week before the
Memorial Day weekend and three days the week after Labor Day weekend and
shall reCluire a Sponsor to provide insurance. The City Administrator is deleClated
authority to C1rant permits for the above-referenced three-day events. The Council
may be Resolution establish additional seasonal event days and may also
establish standard forms with terms and conditions for participation in such
events.
13.03.035 Interim ReClulations for Publication Boxes (News-Racks and
Publication Racks).
The City intends to provide standard publication boxes as City functional items
[See AMC 13.02.040.C & D] for use by individuals and entities desirinQ to
distribute written materials. reClardless whether such publications are offered for
free or for a charCle. Said publication boxes to be provided by the city shall be
located on sidewalks or other public areas in desiClnated locations meetinCl
placement, clearance and separation standards or as otherwise desiClnated on
the adopted Downtown Sidewalk UsaCle Map. City standard publication boxes
will at first supplement and later replace privately owned boxes meetinCl minimum.
dimensional standards at approved public locations. Until City placement of
Page 3 of 12
such City standard publication boxes [anticipated to take a number of yearsl
interim reClulations and controls on existinCl publication boxes (inclusive of news-
racks. boxes and other publication racks) shall apply. Unless extended by
Council action. all publications must use City publication boxes or be located on
private property or in desiClnated areas or free 'publication jipeeC:;1l zones by July
1.2012. Unless compliance is exempted, Interim ReClulations reCluire compliance
with all applicable provisions of AMC 13.03. all special reQulations noted therein.
and standard forms adopted pursuant to AMC 13.02. Modest fees and charCles
(sufficient to cover maintenance) may be assessed for use of City publication
boxes. City boxes shall be assiClned by lot. Privately owned publication boxes
will continue to be ermitted on rivate ro ert with the ermission of the
owner and in desi nated areas and free' ublication' zones rovided the
do not interfere with inClress and eClress pursuant to BuildinCl and Fire Codes.
13.03.040 Application. Permit Fees and Rates.
The form of the application for occupancy or encroachment on sidewalks shall be
established by Resolution of the Council. The application fees and sCluare
footaCle rates or C1ross sales rates, if any. shall also be established by resolution
of the City Council. The Resolution approvinCl such fees and rates shall provide
for the annual adjustment of fees and rates by the CPI for the previous calendar
year. without the need to formally amend the resolution. NotwithstandinQ the
above the City Administrator may establish separate applications for exempted or
limited activities or interim reClulations or waive the application reCluirement for
specified occupancies by written Order.
13.03.050 Permit Application
A. Application for an annual permit or aClreement to OCCUpy or encroach on
sidewalk for the limited purposes authorized herein shall be made at the Public
Works Department on an approved application form tOClether with the required
fees and charCles. The application for permit or aClreement shall minimally
contain:
(1) A completed application form. siQned by the abuttinCl property owner
and occupant: and.
(2) A submittal in full of the rental rate eClual to the annual (12 month) rental
rate for the sCluare footaCle of the adiacent sidewalk permit area reCluested;
and.
(3) A scale diaQram of the sidewalk permit area. with dimensions and the
location and description of all structures. materials and activities shown:
and
(4) An executed standard form release. hold harmless. and Indemnity
aClreement. as well as certificates of insurance and endorsement form.
(5)Other information shall be provided as reCluired by the Public Works
Director to carry out the purpose of this chapter.
Page 4 of 12
The Public Works Director shall forward all applications for review to the Fire
Marshall. BuildinQ Official and the Director of the Community Development
Department. ReviewinCl Departments shall provide input as to conflicts with City
codes, includinCl but not limited to BuildinQ, Fire and Land Use Codes. If the
proposed use is not in compliance with zoninCl and land use reClulations and
approvals the use shall be denied.
13.03.060 Criteria.
A. The Public Works Director shall review the application for its strict compliance
with the mandatory criteria listed below. There are no variances or exceptions to
the criteria of this ordinance.
1. Location Within a Permitted Zone. Permits and aClreements for occupancy or
use of the sidewalk permit area are available only if the property is located in one
of the followinQ zoninCl districts: C-1-D (Commercial Downtown). C-1
(Commercial). or E-1 (Employment).
2. Use of BuildinCl Occupant. A sidewalk permit area may be approved only for
use of the adiacent occupant. with the consent of the property owner. if different.
3. Six Foot Clearance Except as specified on the Downtown Sidewalk UsaQe
Map. and consistent with AMC 10.64.010. there shall be at least six (6) feet clear
and unobstructed passaCleway between the sidewalk permit area boundary and
any City owned or controlled fixtures or structures, includinCl but not limited to
fire hydrants, benches, barriers. street trees. bike racks. lamp posts. siCln posts,
or the curb edQe. whichever is closest. The Public Works Director may reCluire
more than six feet if necessary to accommodate pedestrian movement and ADA
access.
4. Other Placement Standards.
Except as specified on the Downtown Sidewalk UsaQe Map. neither the sidewalk
permit area itself. nor any obiect located therein shall be placed. installed. used
or maintained:
a) Within six feet (6')of the outer edCle of any roadway.
b) Within ten feet (10')of any crosswalk
c) Within six feet (6') of any fire hydrant or other emerClency facility
d) Within ten feet (10') of any driveway or alley entrancelexit
e) In the public riClht of way within any un-authorized zoninCl district.
includinCl all
residential zoninCl districts
fl Within 3 feet (3') from either end of approved bicycle parkinCl U-racks
g) Within the footprint of any bus stop areas.
h) Within fifteen feet of an intersection.
Page 5 of 12
NotwithstandinCl the above. certain functional items re.C1. publication boxesl may
be located within 24 inches of the roadway edqel curb face.
5. Materials and construction standards.
All temporarY structures or object (includinQ furnishinCls such as tables and
chairs). placed in the sidewalk permit area shall be of a weatherproof and sturdy
construction, (i.e. solid wood. iron. non-corrosive metal. cement, or similar
material). Except when otherwise specified in a Council Resolution. plastic is
prohibited as suitable material for structures and furnishinCls: similarly. materials
which stain or damaCle the sidewalk are prohibited. Said items shall comply fully
with all applicable reClulations, includinQ buildinCl codes, land use ordinances and
Resolutions of the city. The City Council may adopt by Resolution material and
construction standards, rincludinCl typicalsl. for public furnishinQs placed in the
sidewalk permit area.
6. Maintenance and installation standards. Any item placed. installed or
maintained within the sidewalk permit area shall be subiect to the followinCl
maintenance standards:
a) No obiect shall be chained. bolted. or otherwise attached to any fixture.
tree or city functional item located in the public riQht of way. nor shall any
obiect be attached to the surface of the riQht of way.
b) Obiects shall be desiClned and constructed to be movable by one person
and where practical. wheels shall be attached or attachable to allow for
ease of movement.
c) Obiects placed in a sidewalk permit area shall not be used to violate any
other applicable code, includinCl provisions and limitations on siClnaCle.
d) Obiects. such as furnishinCls, placed in the sidewalk permit area shall have
information affixed to the exterior of the object includinQ the name and
address of the owner and the name of the establishment with which the
obiect is associated includina an emerClenCy contact number.
e) Obiects occupyinQ the sidewalk permit area shall be maintained in a clean
and orderly condition and in C100d repair at all times. This includes but is
not limited to maintaininCl a condition which is reasonably free of dirt. rust
and C1rease. The item is reasonably free of chipped. faded. peelinCl or
cracked paint. All structural andlor movinCl parts are in workinCl order and
pose no safety hazard to the public. Any Qlass or plastic (such as display
windows) are unbroken and reasonably free of cracks, dents. blemishes
and discoloration.
f) Obiects must maintain a weather proof or weather resistant C1uality.
g) Obiects shall be desiClned to be stable and self supportinQ under a wind
load of at least 20 pounds per sCluare foot without attachment to the
pavement or any other obiect
Page 6 of 12
7. lIIeClal structures or usaCle. No sidewalk permit area will be approved if the
permit area or six foot clearance area adiacent to the permit area contains
structures. fixtures. obstructions or materials which have been iIIeClally placed or
affixed to or in the City riClht-of-way. For purposes of this ordinance lIIeClal
structure or usaQe includes not only items placed or activities conducted without
a permit but also items or activities which were initially placed or conducted
lawfully but for which the owner/operator has failed to maintain current payment
to the City.
8. Minimum SCluare FootaCle. Except for functional obiects. the sidewalk permit
area is a minimum of fifty (50) sCluare feet or as otherwise desiClnated on the
Downtown Sidewalk UsaQe Map. This provision does not apply to interim
reClulations for publication boxes.
9. Minimum Duration. The minimum duration of the permit is yearly (twelve
months. whether or not the entire year is available for use). This provision does
not apply to interim reClulations for publication boxes.
10. ArrearaCles to the City or PendinCl City Violations. No sidewalk permit area
will be approved for one year after a person or entity applyinCl for the permit has
been found in violation or is currently subiect to an active violation proceedinCls
for violation of the City of Ashland Municipal Code concerninCl or relatinCl to the
activity to be conducted in the permit area. This includes but is not limited to
actions for failure to maintain business license. arrearaCles of other delinquency
in food and beveraCle tax receipts, transient occupancy taxes or unpaid balances
under the prior sidewalk dininCl ordinance.
11. Alcoholic beveraCles. The Public Works Director shall forward all
applications for review by the City Recorder for any proposed use which involves
alcoholic beveraCles. Written approval of the desiQnated City official in
accordance with City ordinances is required for any such proposed use. in
addition to state reClulatory reCluirements.
12. Liability Release. Indemnity. Hold Harmless. and Insurance. No sidewalk
permit area will be approved without an executed release aClreement and
insurance certificates as reCluired by AMC 13.03.070.
13.03.070 Liability Release. Indemnity. Hold Harmless AClreement and Insurance
Prior to the issuance of permit. Permittee shall:
A. Furnish a siClned Release. Hold Harmless and Indemnity aClreement. in the
City standard form. that the permittee shall release and hold the City of Ashland
harmless. as well as defend, indemnify and hold harmless the City, its officers
and employees. from any and all claims for damaCles to property or injury to
Page 7 of 12
persons which may occur in connection with an activity carried on under the
terms of the permit. The aClreement shall also release the City from any and all
liability to the Permittee.
B. Furnish and maintain such personal injury. property damaCle and C1eneral
liability insurance as will protect permittee and City from all claims for damaCle to
property or bodily iniury, includinCl death. which may arise from operations under
the permit or in connection therewith. Such insurance shall provide coveraCle of
not less than the amount of municipal tort liability under the OreQon Tort Claims
Act. Such insurance shall be without preiudice to coveraCle otherwise existinCl.
and shall name the City. its officers and employees. as additional insureds. and
shall further provide that the policy shall not terminate or be canceled prior to the
expiration of the permit without 30 days written notice to the City.
C. For functional items and items subiect to interim reClulations, the standard
aClreement lanCluaCle may be incorporated into standard applications andllor
permits forms and insurance reCluirements to add the city as additional insured
shall be deemed waived.
13.03.080 Conditions of Permit.
A. ReCluirements for all sidewalk permit areas:
1. Each permit issued shall terminate December 31st of the year in which it is
issued. or earlier as specified on the face of the permit. Requests for renewals
shall be filed with the Public Works Department prior to the expiration of the
oriClinal permit. Renewals filed prior to expiration reCluire a deposit of only six (6)
months rental rate. unless the applicant has previously been in arrears in which
case the deposit shall be the full annual rental rate. The Public Works Director
may approve. approve with additional conditions. or deny the reCluest for renewal.
Unless fees are waived for the type of reCluest, no application shall be accepted
for renewal without a renewal application fee. as specified on the City Council Fee
resolution.
2. The permit issued shall be personal to the permittee only and is not
transferable in any manner.
3. The permit may be temporarily suspended by the Public Works Director in
the event of an emerQency as provided in AMC 2.62 or upon approximately forty-
eiClht hours advance notice if the public interest requires use of the riClht-of-way
or sidewalk permit area for a public event. construction. repair. or any other
purpose. The City will attempt to provide notice of said suspension as soon as
practical. The City shall not be responsible for any loss or damaCle claimed by
the permittee for such closure, except that permittee shall be entitled to a refund
Page 8 of 12
of the rental rate based on a pro rated calculation of rates based on days of
closure.
4. The permit is specifically limited to the area approved or as modified by the
Public Works Director. and will include a diaClram indicatinCl the area approved
and the location of the materials permitted to be in the riClht-of-way.
5. Only those thinCls authorized by the permit and shown on the diaClram may
be placed in the sidewalk permit area. Should the permittee not utilize the
sidewalk permit area as authorized for a period of seventy-two (72) hours or
more. all the materials shall be removed.
6. All reCluired federal. state, and local permits and authorizations for the
proposed use. [e.C1. food service OLCCl shall be obtained and complied with
prior to the occupancy. includinCl specifically any access modifications or
. parkinCl improvements required to be completed prior to the commencement of
the occupancy.
7. Issuance of this permit does not authorize violation of any federal. state or
local law. includinCl City siCln reClulations.
8. SmokinCl shall not be allowed in any sidewalk permit area.
9. Sidewalk permit areas must be supervised by permittee or its employees.
except for functional items or items subiect to temporary reQulations. [but see
special reQulationsl
10. The permit authorizinQ use of the sidewalk permit area must be visibly
displayed durinCl occupancy of the permit area.
11. The City of Ashland has the riQht to repeal or amend this Chapter and thereby
terminate or modify all private sidewalk usaCle or operations. No permittee shall
obtain any properly riClht in the continued private use of the public sidewalk.
13.03.090 Denial. Revocation. or Suspension of Permit.
A. The Public Works Director may deny. revoke. or suspend the permit upon
findinCl that any provision of this chapter or condition of approval has been
violated. The permit or aClreement shall be suspended if the rental rate is not fully
paid within three workinQ days of the due date or if the Permittee fails to maintain
reCluired insurance. The permit or aClreement shall be suspended if the Permittee
fails to strictly abide by the boundaries of the sidewalk permit area.
B. The Public Works Director shall Clive notice of denial, revocation, or
suspension to the applicant or permittee in writinCl statinCl the action which has
been taken and the reason therefore. The action shall be effective immediately
Page 9 of 12
for a denial and upon the expiration of the appeal period [10 days] for a
suspension or revocation. Appeals shall be processed as provided in AMC 2.30.
If an appeal of a suspension or revocation is properly filed, the suspension or
revocation shall be stayed until resolution of the appeal. Upon hearinQ the
matter, the City Administrator shall render a final written decision. This remedy is
not exclusive, the City may also cite violations to Court, (includinCl daily fines) in
addition to the remedy set forth above.
13.03.095 Constitutionally Protected Activity.
NothinCl in this ordinance prohibits or restricts constitutionally protected speech
and expression which does not obstruct the free flow of pedestrian traffic on the
sidewalk and riClht-of-way.
13.03.100 Interim Special ReClulations for Publication Boxes.
In addition to all other applicable criteria. standards and requirements in AMC
13.02 and 13.03. the followinCl special reClulations for publication boxes are
imposed.
A. Unless otherwise desiClnate on the Downtown Sidewalk UsaCle Map. any
publication box placed in whole or partially within the riClht of way shall be
located in C1roupinCls with a linear dimension of no C1reater than twelve feet.
Publication boxes shall be placed immediately abuttinCl other publication boxes
within the approved C1roupinCllocation. A publication box C1roupinCl shall be
placed a minimum of 200 feet from the closest existinCl C1roupinCl on the same
side of the street. All publication boxes shall be 24 inches off the curb face to
minimize conflicts between vehicle doors openinCl into the sidewalk.
B. Unless otherwise desiClnated in the Resolution establishinCl standards for
functional items. no individual publication box shall exceed five feet in heiClht.
thirty inches in width or two feet in thickness unless specifically approved by the
Public Works Director for publication boxes that serve multiple
pu bl icationslvendorsldistributors.
C. Publication boxes shall contain a system to prevent contents from spillinCl
out of the container such as claspinCl door systems. sprinQ loaded auto c10sinCl
doors. etc.
D. Each publication box shall be desiClned. installed and maintained to protect
the contents from weather related hazards such as wind. rain, snow, etc
E. Each publication box shall display only its contents in a clear C1lass or
plastic window.
Page 10 of 12
, ,
F. In the event a publication box remains empty of its contents and unused by
its owner for a period of more than 30 consecutive days. the publication box shall
be deemed abandoned and is subiect suspension or revocation or summary
abatement as outlined herein.
13.03.110 Penalties.
A. 'Knowinqly occupyinQ or encroachinQ upon a public riQht-of-way without the
permission of the City shall be considered a Class C misdemeanor offense.
subiect to the limitations of AMC 1.08.
B. Any violation of the reCluirements of this chapter, not addressed in A above.
shall be a Class A violation as defined by AMC 1.08 and punishable as set forth in
that section.
C. The City Administrator or desiQnee is authorized to issue a citation to any
person violatinCl the provisions of this chapter. Issuance of a citation shall
triClCler revocation of the permit or aClreement under Section 13.03.100 and in the
event of conviction. no permit shall be issued to the same person. entity or
address. for a period of at least two years.
13.03.115 Summary Abatement.
If the condition of any item tin the City riClht of way. includinCl any street or
sidewalk is such that it creates a risk of serious iniury to the persons or property.
the Public Works Director is authorized to pursue summary abatement in
accordance with Chapter 1.08 and to charCle aClainst the responsible
ownerloperator the full costs of such abatement.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
~.,"-~-'-"~ "'''' '-'-;'--""""T':-"., .. .,' '~~'~~~~"~""~:'":C''' -"'"~"'"~"'1
jSECTION 6. Delayed Effective, Date. In Order to allow time for~the City Counc~!to
adopt standard forms and implementing documents, this Ordinance shall not be
~ffective until November 1, 2009r-
Page 11 of 12
, .
~.EC!ION 7[. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
4-6) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
J
Page 12 of 12
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Tolling and Extension Ordinance Initiation
July 21,2009 Primary Staff Contact: Adam Hanks
Administration E-Mail: adam{@,ashland.oLlls
Legal Secondary Contact: Richard Appicello
Martha Estimated Time: 15 minutes
Question:
Does the Council wish to direct Staff to initiate an ordinance to modify the expiration dates ofland use
application approvals?
Staff Recommendation:
Staff recommends that the Council direct staff to initiate the attached ordinance. The ordinance will
require a review and recommendation of the Planning Commission and public noticing will follow the
requirements ofORS 197.610
Background:
ToWn!! or Sus/Jendin!! Local Land Use A/J/Jroval Dates
Ashland's Land Use Ordinance does not toll or suspend local approval dates when that the approval is
appealed to the Land Use Board of Appeals (LUBA) or Circuit Court. Appeals can often take years,
and without a tolling provision, an applicant's approval can expire even if the applicant prevails in
Court.
This is both unfair to an applicant who has followed the process and an inefficient use of resources if a
new application for the identical project has to be processed.
Sections 18.108.070. D and 18.112.035 B. of the proposed ordinance modifies the effective date of
decisions of the City to allow the approval date to be tolled or suspended while the appeal is being
heard. The local approval date is adjusted upon completion of all appeals or remands.
Land Use A/J/Jroval Timetable Extension
The current economic climate, specifically the commercial credit market, has created a difficult
situation for applicants with land use approvals, but no feasible way to commence construction and
keep the approvals active:
Several other jurisdictions in Oregon have adopted similar ordinances. The proposed timetable
extension adds an exemption to the expiration of approvals for land use applications that were
approved between January 1, 2006 and July 1, 2009. As with the tolling of approvals, Staff believes
the proposed ordinance is both fair and needed to make efficient use of Staff resources.
Page] of2
0721 09 Tollin~ Extcnsions.CC.doc
r~'
CITY OF
ASHLAND
This change provides applicants that were granted land use approvals in that date range with an
automatic extension of their approval and moves the expiration date out 18 months from their previous
expiration date.
The intent of the granting of the additional extension is to provide existing development approval with
additional time to secure funding to construct the projects without being required to go through the
land use approval process again for the identical application request. Ifthe applicant chooses to
modify the previous approval, the automatic extension does not apply and they would be directed back
through the existing land use application and review process.
Related City Policies:
Comprehensive Plan Goal 7.07.03, Policy VII.4 - The City shall take such actions as are necessary to
ensure that economic development can occur in a timely and efficient manner.
Council Options:
1) Direct Staff to initiate both components ofthe ordinances as currently proposed
2) Direct Staff to initiate the ordinance with suggested modifications
3) Direct Staff to initiate only one of the two components of the ordinances
4) Direct Staff not to initiate the proposed ordinance
Potential Motions:
I move to direct staff to initiate the Timetable Tolling and Timetable Extension ordinance as proposed,
with the understanding that changes may be made throughout the Staff, Planning Commission and
Public review.
I move to direct Staff to not move forward on either the Timetable Tolling or Timetable Extension
components of the ordinances.
Attachments:
Proposed Ordinance
Page 2 of2
072109 Tolling Extensions.CC.doc
r.l'
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 18.108.070 AND AMC 18.112,
CONCERNING TIMTETABLE TOLLING AND TIMTABLE EXTENSIONS
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" .... .._L' and additions are bold underlined.
WHEREAS, Article 9. Section 1, of the Ashland City Charter provides:
Violation of Charter. Ordinance and Laws The Council, at any regular or
adjourned meeting, shall have the power within the limits of the City of Ashland to
enact laws, ordinances and pass resolutions not in conflict or inconsistent with
the laws of the United States, the State of Oregon, or the provisions of this
Charter; and to provide for punishment of any person or persons found guilty by
a competent tribunal of the violation of any such laws, ordinances, or any of the
provisions of this Charter, by fine or imprisonment of such offender, until such
fine and costs are paid; and
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
WHEREAS, the economic downturn occurring since early 2006 has caused a severe
slow down in all aspects of land development and building activity; and
WHEREAS, while financing for new development and building activity is constrained, it
is important to the continuing economic health of the community to extend the validity of
existing development approvals so that such developments may more readily attain a
shovel-ready status contributing to economic recovery: and
WHEREAS, the Ashland Municipal Code does not expressly toll or suspend
development timetables in the event the project is subject to a LUBA or Circuit Court
proceeding; and
WHEREAS, the City of Ashland, acting by and through the City Council, desires to
Ordinance No.
Page 1 of?
provide for timetable tolling during pending appeals as well as a uniform eighteen (18)
month timetable extension for all development approvals due to the recent economic
downturn; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: Amendment. AMC 18.108.070 [Effective Date of Decision and Appeals]
is hereby amended to add a new subsection D:
18.108.070 Effective Date of Decision and Appeals
A. Ministerial actions are effective on the date of the decision of the Staff Advisor
and are not subject to appeal.
B. Actions subject to appeal:
1. Expedited Land Divisions. Unless appealed within 14 days of mailing a
notice of decision, the Staff Advisor decision becomes final on the 15th day.
Appeals shall be considered as set forth in ALUO 18.108.030(C) and ORS
197.375.
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning
actions resulting from the Type I Planning Procedure shall be the Staff
Advisor decision, effective on the 13th day after notice of the decision is
mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section
18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning
actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency
may requestJeconsideration of the action after the decision has been
made by providing evidence to the Staff Advisor that a factual error
occurred through no fault of the party asking for reconsideration,
which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the
failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
II. Reconsideration requests shall be received within five (5) days of
mailing. The Staff Advisor shall decide within three (3) days whether
to reconsider the matter.
III. If the Planning Staff Advisor is satisfied that an error occurred crucial
to the decision, the Staff Advisor shall withdraw the decision for
purposes of reconsideration. The Staff Advisor shall decide within ten
Ordinance No.
Page 2 of 7
(10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm,
modify, or reverse to any party entitled to notice of the planning
action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the
decision. the Staff Advisor shall deny the reconsideration request.
Notice of denial shall be sent to those parties that requested
reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor'
s final decision, including any approved reconsideration request, the
decision may be appealed to the Planning Commission by any party
entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved
by the City Administrator, be accompanied by a fee established
pursuant to City Council action, and be received by the city no later
than 4:30 p.m. on the 1 ih day after the notice of decision is mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the
fee for the initial hearing shall be refunded. The fee required in this
section shall not apply to appeals made by neighborhood or
community organizations recognized by the city and whose
boundaries include the site.
III. The appeal shall be considered at the next regular Planning
Commission or Hearings Board meeting. The appeal shall be a de
novo hearing and shall be considered the initial evidentiary hearing
required under ALUO 18.108.050 and ORS 197.763 as the basis for
an appeal to the Land Use Board of Appeals. The Planning
Commission or Hearings Board decision on appeal shall be effective
13 days after the findings adopted by the Commission or Board are
signed by the Chair of the Commission or Board and mailed to the
parties.
iv. The appeal requirements of this section must be fully met or the
appeal will be considered by the city as a jurisdictional defect and will
not be heard or considered.
d. Final Decision of City. The decision of the Commission shall be the
final decision of the City on appeals heard by the Commission on Type I
Planning actions, effective the day the findings adopted by the
Commission are signed by the Chair and mailed to the parties.
3. Type II Planning Actions.
a. Effective Date of Decision. The decision of the Commission is the final
decision of the City resulting from the Type II Planning Procedure,
effective 13 days after the findings adopted by the Commission are
signed by the Chair of the Commission and mailed to the parties, unless
Ordinance No.
Page 3 of 7
reconsideration of the action is authorized as provided in Section (b)
below or appealed to the Council as provided in section 18.108.11 OA
b. Reconsideration.
i. The Staff Advisor on his/her own motion, or any party entitled to
notice of the planning action may request reconsideration of the action
after the Planning Commission final decision has been made by
providing evidence to the Staff Advisor addressing one or more of the
following: (1) new evidence material to the decision exists which was
unavailable, through no fault of the requesting party, when the record
of the proceeding was open; (2) a factual error occurred through no
fault of the requesting party which is relevant to an approval criterion
and material to the decision; (3) a procedural error occurred, through
no fault of the requesting party, that prejudiced the requesting party's
substantial rights and remanding the matter will correct the error.
Reconsideration requests are limited to errors identified above and
not the failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
ii. Reconsideration requests shall be received within seven (7) days of
mailing. The Staff Advisor shall promptly decide whether to
reconsider the matter.
iii. If the Staff Advisor is satisfied that an error occurred as identified
above and is crucial to the decision, the Staff Advisor shall schedule
reconsideration with notice to participants of the matter before the
Planning Commission. Reconsideration shall be scheduled before the
Planning Commission at the next regularly scheduled meeting.
Reconsideration shall be limited to the portion of the decision affected
by the alleged errors identified in paragraph 3.b.i above.
iv. The Planning Commission shall decide to affirm, modify, or reverse
the original decision. The Planning Commission Secretary shall send
notice of the reconsideration decision to any party entitled to notice of
the planning action.
c. Final Decision of City. Unless the decision is remanded to the Planning
Commission, the decision of the City Council shall be the final decision of
the City on appeals heard by the Council, on Type II Planning actions,
effective the day the findings adopted by the Council are signed by the
Mayor and mailed to the parties.
4. Type III Planning Actions. For planning actions described in section
18.108.060.A.1 thru 4, the decision of the Council shall be the final decision
of the City, effective the day the findings adopted by the Council are signed
by the Mayor and mailed to the parties.
5. Council Call UP. The City Council may call up any planning action for a
decision upon motion and majority vote, provided such vote takes place in
the required appeal_period. Unless the planning action is appealed and a
public hearing is required, the City Council review of the Planning Action is
Ordinance No.
Page 4 of 7
limited to the record and public testimony is not allowed. The City Council
may affirm, modify or reverse the decision of the Planning Commission, or
may remand the decision to the Planning Commission for additional
consideration if sufficient time is permitted for making a final decision of the
city. The City Council shall make findings and conclusions and cause copies
of a final order to be sent to all parties of the planning action.
C. No building or zoning permit shall be issued for any action under this Title until
the decision is final, as defined in this section.
D. NotwithstandinCl any other provision of this Chapter, in the event a LUBA
appeal or a Circuit Court proceedinCl is filed concerninCl a final land use
decision of the City, the timetable of development is deemed tolled or
suspended from the date of the final decision of the City decision maker
until final resolution of all appeals or final action on remand. whichever is
later. After resolution of all such appeals or remands. timetables shall be
adiusted in writinCl by the Staff Advisor to reflect this automatic tollinCl,
reClardless of the approval authority.
SECTION 3: Amendment. Section 18.112.030 [Revocation- permit expiration] is
hereby amended to read as'follows:
18.112.030 Revocation--permit expiration. Any zoning permit, or planning action
granted in accordance with the terms of this Title shall be deemed revoked if not used
within one year from date of approval, unless another time period is specified in another
section of this Title. Said permit shall not be deemed used until the permittee has
actually obtained a building permit, and commenced construction thereunder, or has
actually commenced the permitted use of the premises. Tho Staff .'\dvi~or may grunt an
'oxton~ion of the approval undor the following conditions:
1. Ono timo oxtonsion no longor than oightoen (18) months is allm...od.
2. Tho Stoff I\dvisor shall find that a change of condition~ for '""hich tho applicant
wa~ not rosponsiblo provontod tho applicant from complotod tho dovolopment
within the original timo limitation.
3. Land U~e Ordinance roquiromont~ applicablo to the development have not
changod ~inco tho original 3pproval. I\n oxtonsion may bo granted, however, if
roquiroment~ havo changed and tho applicant agroo~ to comply with any such
ch3nge~.
SECTION 4: Amendment. A new Section 18.112.035 [Timetable Extension] is hereby
added to read as follows:
18.112.035 Timetable Extension
A. The Staff Advisor shall C1rant a timetable extension of any zoninCl permit or
planninQ action approval under demonstrated compliance with the
followinCl conditions:
Ordinance No.
Page 5 of 7
1. One time extension no lonCler than eiqhteen (18) months is allowed.
2. The Staff Advisor shall find that a chanqe of conditions for which the
applicant was not responsible prevented the applicant from completinCl the
development within the oriClinal time limitation.
3. Land Use Ordinance requirements applicable to the development have
. not chanQed since the oriClinal approval. An extension may be C1ranted.
however. if reCluirements have chanCled and the applicant aClrees to comply
with any such chanCles.
B. NotwithstandinCl any other provision of this Chapter. the Staff Advisor
shall C1rant a timetable extension to any zoninQ permit or planninCl action
. approval which became a final City decision between July 1, 2006 and
September 5, 2009 and which approval was subiected to delay associated
with a LUBA appeal or a Circuit Court proceedinQ. Upon application, an
extension shall be Qranted consistent with the tollinCl period in AMC
18.108.070. for the exact number of days the project was under appeal.
calculated from the date of the final decision of the City decision maker
until final resolution of the appeal or final action on remand, whichever is
later.
C. NotwithstandinCl any other provision of this Chapter, any zoninCl permit or
planninQ action approval. or any other land use action approval
whatsoever. which was approved by a City of Ashland land use decision-
maker'between January 1. 2006 and July 1. 2009 (includinQ but not limited
to development approvals for Type 1, Type 2 and Type 3 PlanninCl Actions)
is hereby Qranted a one time eiClhteen (18)-month extension of time in
addition to any other time extensions previously C1ranted or which may be
C1ranted. ReClardless of the approval authority. the Staff Advisor shall
adiust all timetables. in writinCl. in accordance with this leClislative
timetable extension approved by the City C10verninQ body.
SECTION 5. Amendment. Section 18.112.090 is hereby amended to read as follows:
18.112.090 Penalties Any person, firm or corporation, whether as principal, agent
employee, or otherwise, violating or causing the violation of any of the provisions of this
Title has committed a Class A violation offense, an infraction, and upon conviction
thereof is punish-able as prescribed in Section 1.08.020 of the Ashland Municipal Code,
subiect to the limitations of the Ashland City Charter. Such person, firm, or
corporation is guilty of a separate violation for each and every day during any portion of
which any violation of this Title is committed or continued by such person, firm or
corporation.
SECTION 6. Amendment. Section 18.112.100 is hereby amended to read as follows:
Ordinance No.
Page 6 of7
.' '.
18.112.100 Complaints. Complaints concerning violations to this Title can be initiated
only as provided in AMC Chapter 1.08. by: (1) written complaint filed by an
affected citizen; (2) any City departmental official responsible for the enforcement
of this code; or (3) the City Administrator or City Attorney.
SECTION 7. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 8. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the time said ordinances(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 9. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
7-9) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of ' , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Council Deliberation and First Reading on Ordinances Adopting
Chapter 18.63 Water Resource Protection Zones and Related Ordinance and
Ashland Comprehensive Plan Amendments
July 21, 2009 Primary Staff Contact: Bill Molnar
Community Devel pment E-Mail: molnarbial,ashland.oLus
None Secondary Contact: Maria Harris
Martha Benne Estimated Time: I hour
Question:
Does the City Council approve first reading of an ordinance adding chapter 18.63, Water Resource
Protection Zones and related Comprehensive Plan and Land Use Ordinance amendments?
Staff Recommendation:
Staff recommends the Council provide direction on any revisions that Council wishes prior to first
reading. Staff further recommends that, after the Council concludes their deliberations, first reading of
the ordinance be continued to the August 18, 2009 Council meeting.
Background:
Chapter 18.63 Water Resources Protection Zones would affect properties that initiate some kind of
substantial disturbance to a water resource protection zone, such as the construction of new structures,
installation ofa significant amount of impervious surface area, native tree removal or actions involving
extensive excavation or grading. The new regulations would not affect properties that are not
substantially altering the protection zone through extensive, physical changes to the area. For
example, if an existing home has a landscaped area with lawn near a stream, the landscaping could stay
in place and would not be affected by the new regulations. Similarly, if that home had an outbuilding
in the protection zone, it could remain in place and be maintained (assuming it was legally installed).
However, if the property owners made further disturbances in the protection zone, they may be
impacted Chapter 18.63. For example, the property owners could maintain the landscaping and
incorporate a variety of additional plants, but could not remove native trees in the creek or install
invasive plant materials. Similarly, the footprint of the outbuilding in the protection zone could not be
expanded further into the protection zone, but may be extended outside of the protection zone.
Several issues of concern were identified during the May 19,2009 Council deliberations, and in
subsequent discussions with staff. In the attachment, the potential revisions are designated with ***,
and include a question about the potential revision. A summary of those items is listed below.
Length and Complexity of Chapter 18.63
. Should the exempt and limited use sections be combined to reduce the length of the document?
Eliminate Restoration Requirements for Exempt Activities and Uses
. Should the requirement to use native plants for planting associated with exempt activities, those
activities and uses that do not require a planning action approval, be eliminated, and be
Page 1 0[4
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CITY OF
ASHLAND
replaced with allowing use of any type of-plant that isn't noxious or invasive?
. Should the requirement to restore disturbed areas of the protection zone resulting from exempt
activities with native plantings be removed from the Exempt Activities and Uses?
Approval of Acceptable Native Plants and Prohibited Invasive Plants -
. Should the city maintain a list of native plants acceptable for installation in water protection
zones as well as a prohibited list of invasive plants?
. Should additions and deletions to each list be allowed by the Staff Advisor through consultation
with the City Horticulturalist, Tree Commission and other professional group or local agency
with demonstrable expertise?
Distribution of Native Plants through the Protection Zone
. Should only actions by property owners that require a planning application and land use
approval be subject to the standard that requires the landscape plan to show that:
./ The half of the protection zone closest to the creek channel shall have 100 percent
native plant coverage; and
./ the half of the protection zone furthest from the creek channel shall have a
minimum of 50 percent native plant coverage
. Should actions by property owners that require a planning application and land use approval be
permitted additional flexibility to the above native planting standards, such as:
./ The approved landscape plan for the entire protection zone shall designate a
minimum of 50 percent native plant coverage, with the installation of new trees
only to consist of native trees from the City's list?
Use of Heavy Equipment and Machinery
. Should the requirement for a planning action approval to use heavy equipment in the protection
zones be eliminated, and be replaced with exempting the use of heavy equipment or machinery
in the protection zones with some stipulations about not negatively impacting the protection
zone (e.g. working during the wet season, permanent changes to the topography, moving a
minor amount of soil, destruction of native plants)?
Provide Exemption for Maintenance and Restoration of Water Resources in Public Parks
. Should the requirement for a planning action approval for a maintenance plan for maintenance
and restoration of water resources on parks property be eliminated, and an exemption be
provided for maintenance and restoration of protection zones in public parks performed by the
Parks and Recreation Department?
Provide Exemption for Existing Agricultural Activities
. Should an exemption be added that would allow existing agricultural activities, such as grazing
livestock and growing crops,.to continue?
Provide Exemption for Stream Restoration Activities with Limited Impacts
. Should an exemption be added that would allow stream restoration projects that involve minor
earth moving activities (e.g. excavation or placement of 5 cubic yards soil or earth-moving
activity disturbing a surface area greater than 1000 sq. ft) do not involve in-stream work and
Page 2 of4
r.l'
CITY OF
ASHLAND
minor earth moving activities?
Mitigation Requirements and Hardship Variances
. Should planning actions involving existing single-family homes be required to mitigate impacts
to protection zones?
Water Resource Protection Zone Reductions
. protection zone may be reduced up to SO%
o Should maximum protection zone reduction be lowered to 2S%?
. Type [ procedure - decision by Staff Advisor, appealable to Planning Commission
. Type II procedure - public hearing and decision by Planning Commission, appealable to City
Council
o Should this be changed from a Type I to a Type II procedure?
The attached Decision Sequence for the WRPO Council Deliberations (Exhibit A) was prepared by the
Mayor with assistance from staff. Chapter 18.63 Water Resource Protection Zones is outlined as series
of questions for stepping through the decision making process.
The Council originally continued first reading and this item is schedule as such. However a revised
draft ordinance language is not being provided at this time. The current draft of Chapterl8.63 is
referenced in this memo as well as the attachment. The current draft was in the April 21, 2009 Council
packet, attached to the Council Communication as Attachment 6: An Ordinance Amending the
Ashland Land Use Ordinance Creating a New Chapter 18.63 Water Resource Protection Zones.
The City Council's review of Chapter 18.63 Water Resource Protection Zones and the related
amendments to the Ashland Land Use Ordinance (ALUO) began with a study session on March 2,
2009. Subsequently, a series of site visits of properties with water resources was held for the City
Council on April 9 and April IS. At the April 21,2009 meeting, the City Council held a public
hearing and heard public testimony on the Water Resource Protection Zones ordinance. The public
hearing was closed on April 21 and the record left open for written comments until May 19,2009. At
the May 19 meeting, the City Council conducted deliberations on Chapter 18.63 Water Resource
Protection Zones and the related amendments to the Ashland Land Use Ordinance (ALUO) and
Comprehensive Plan. Several issues of concern were identified during the deliberations, and in
subsequent discussions with staff. The issues along with potential revisions are outlined in the
attachment.
Related City Policies:
Chapter IV Environmental Resources, Ashland Comprehensive Plan
Chapter 18.72 Physical and Environmental Constraints, ALUO
Chapter 18.88 Performance Standards Option, ALUO
Chapter 18.72 Site Design and Use Standards, ALUO
Section 18.108.170, ALUO
Council Options:
The Council may approve, approve with modifications, or deny the legislative amendment.
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CITY OF
ASHLAND
Potential Motions:
None provided at this time. Staffrequests direction from the Council on desired revision to the draft
ordinance. Revised ordinances will be prepared. Staff recommends that first reading be continued to
August 18,2009.
Attachments:
.Decision Sequence for the WRPO Council Deliberations
For further information, please refer to the Water Resources Ordinance Binder.
,
Page 4 of 4
~.t. 1
Decision Sequence for WRPO Council Deliberations
Introduc1ion
This is a mock-up of a decision path for the Council's deliberations on the WRPO. The purpose of a
decision path is to help the Council focus on the substantive issues involved in the WRPO and divert
Council input re code language to outside the Council process (assuming language issues are not
substantive).
As a 'mock-up' this document just illustrates an approach. Its contents mayor may not be relevant,
accurate, complete, etc. In other words, it's a starting point for the actual decision path that would be
used during the Council's deliberations.
Background
Although we've gone over this ground before, Councilors may want to know why we're producing the
WRPO, i.e. what are the justifications, requirements, etc. that are causing us to invest time and energy
in the WRPO? Also there are some fundamental issues embedded in the questions that could affect
substantive decisions on various parts of the ordinance.
Whv are we doing the WRPO (besides that it's been on the list of Council's goals for several years)?
Required by GoalS (and 6) of the Statewide Planning Goals
[but these need to be read carefully]
, Required by the Comp Plan [same caveat]
Implied by the inventory of significant wetlands and stream
[having identi fied wetlands and streams other than those req'd by the State makes them
part of what Goals 5/6 and the Comp Plan direct us to protect?]
, Storm Water Master Plan and Proposed Update
Kev questions to resolve from the start
, Is it the purpose of the WRPO to protect only water quality or also ecosystems
and habitat?
. Are only the fish-bearing streams and significant wetlands involved or are also all the streams
designated on the City's adopted map of streams and wetlands included?
. Why are we using different standards for defining protection zones, from the State's
"safe harbor" ones?
. For non fish-bearing streams, what is our basis for deciding on a particular measurement (for
protection zones)?
Page I
Decision Path
The WRPO protects waterways by creating protective zones around them and then controlling what
happens in those zones. [SpecifYing the extent of the zones themselves has proven to be difficult...and
also a distraction from the rest of the WRPO's content. Therefore I'm thinking of dealing with the
zones themselves towards the end of the process, if possible.]
List of basic decisions - (each category will have sub-items)
I. What new building, paving and grading activities will be prohibited/exempt/permitted in the
protection zones? .
Prohibited
. new structures and expansion of existing footprints into protection zones
. paving and grading beyond allowances
. solid wood fencing and fencing that collects debris or obstructs flood waters, and any fencing
located in the half of buffer closest to the stream
. outdoor paved areas (e.g. patios, walkways) in wetland protection zones
. outdoor paved areas in the half of buffer closest to the stream, and outdoor paved areas over 150
sq. ft. in size in any part of the stream bank protection zones
. expansion of landscaping and structures in Historic Parks (Lithia, Blue Bird, Calle Guanajuato)
Exempt
. open wire or similar fence in upland half of riparian buffer
. open wire or similar fence in wetland buffer
. outdoor paved areas up to 150 sq. ft. in size in upland halfofriparian buffer
. unpaved trails
. maintenance and replacement of private utilities and irrigation pumps
. maintenance and replacement of public utilities and irrigation pumps with minor disturbance
beyond the utility easement in stream bank protection zones
. driveway and street maintenance and paving with minor disturbance outside of the right-of-way
or easement in stream bank protection zones
. construction of previously approved driveways and buildings in protection zones within 36
months of ordinance adoption
. maintenance and replacement of landscaping and structures in Historic Parks (Lithia, Blue
Bird, Calle Guanajuato)
Permitted with Planning Action Approval
. new public streets, bridges, trails, multi-use paths and utilities necessary to maintain functional
system (i.e. identified in long range plans such as Comprehensive Plan, Transportation System
Plan, utility master plans) and where no other reasonable, alternate location exists
. new private streets, driveways and utilities where no other reasonable, alternate location exists
. new public and private storm water treatment facilities (e.g. detention ponds, vegetated swales,
constructed wetlands)
. maintenance and replacement of public utilities and .irrigation pumps with significant
disturbance beyond the utility easement in stream bank protection zones
~
Page 2
. driveway and street maintenance and paving with significant disturbance outside of the right-of-
way or easement in stream bank protection zones
. maintenance and replacement of public utilities and irrigation pumps with in wetland protection
zones
. driveway and street maintenance and paving in wetland protection zones
. storm water outfall /
. flood control measures (e.g. retaining walls, gabions, gravity blocks), only ifless invasive
method not feasible
2. What new activities will be prohibited/exempt/prohibited in the protection zones?
Prohibited
. negative impacts to protection zone from use of heavy equipment or machinery'"
a Should the requirement for a planning action approval to use heavy equipment in the
protection zones be eliminated, and be replaced with exempting the use of heavy
equipment or machinery in the protection zones with some stipulations about not
negatively impacting the protection zone (e.g. working during the wet season,
permanent changes to the topography, destruction of native plants)?
Exempt
. site investigative work (e.g. surveys, percolation tests, soil borings)
. maintenance of storm water treatment facility (e.g. detention ponds, vegetated swales and
constructed wetlands)
. City emergency repair to prevent imminent threat or danger to public health or safety, public or
private property or serious environment degradation
Permitted with Planning Action Approval
. maintenance plans for publicly owned and commonly owned open spaces, and storm water
treatment facilities"*
a Should the requirement for a planning action approval for a maintenance plan for
maintenance and restoration of water resources on parks property be eliminated, and an
exemption be provided for maintenance and restoration of protection zones in public
parks performed by the Parks and Recreation Department?
. erosion control and stream bank stabilization measures using non-structural bio-engineering
methods
3. What vegetation maintenance, planting and removal will be prohibited/exempt/permitted in the
protection zones?
Prohibited
. expanding lawn areas and installing new lawn
. removal of native vegetation including trees
. severe tree pruning
. planting noxious and invasive vegetation
. . in-channel vegetation removal involving removal of soil below ordinary high water line
Exempt
. maintenance of existing landscaping, lawn and trees
Page 3
. cutting or thinning vegetation for fire hazard prevention'
. removal of non-native, noxious and invasive vegetation
. removal of hazard trees
. removal of emergent in-channel vegetation that does not involve removal of soil below ordinary
high water line
. installing plants that are not noxious or invasive'"
o Should the requirement to use native plants for planting associated with exempt
activities (those activities and uses that do not require a planning action approval) be
eliminated, and be replaced with allowing use of any type of plant that isn't noxious or
invasive?
. continuation of existing agricultural activities'"
o Should an exemption be added that would allow existing agricultural activities, such as
grazing livestock and growing crops, to continue?
. stream restoration and enhancement not involving in-stream work and involving earth-moving
activities of 5 cubic yards or less'"
o Should an exemption be added that would allow stream restoration projects that do not
involve in-stream work and minor earth moving activities?
. maintenance and restoration of protection zones in any public park under the Ashland Parks and
Recreation Department'"
o same as above - Should the requirement for a planning action approval for a
maintenance plan for maintenance and restoration of water resources on parks property
be eliminated, and an exemption be provided for maintenance and restoration of
protection zones in public parks performed by the Parks and Recreation Department?
Permitted with Planning Action Approval
. stream restoration and enhancement involving in-stream work or earth-moving activities over 5
cubic yards'"
o This change would be in tandem with adding the above exemption for stream restoration
activities with limited disturbance in the protection zone, and create a threshold for
requiring a planning action approval if stream restoration involves in-stream work or
. significant earth-moving activities.
. wetland restoration and enhancement (normally subject to state and federal permits)
4. Misc. Revision issues
. Should the exempt and limited use sections be combined to reduce the length of the
document?'"
. Should the requirement to restore disturbed areas of the protection zone resulting from exempt
activities with native plantings be removed from the Exempt Activities and Uses ?'"
,
5. How will the zones be designated?
Water Resource Protection Zone = water resource +buffer
Stream Bank Protection Zones = stream + buffer
. Riparian Corridor (fish-bearing) - 50 feet from top of bank
. Local Streams - 40 feet from centerline
. Intermittent and Ephemeral Streams - 30 feet from centerline
Page 4
Wetland Protection Zones = wetland + buffer
. Locally Significant Wetlands - all lands within 50 feet of the upland-wetland edge
. Possible Wetlands - all lands within 20 feet of the upland-wetland edge
and then the following decisions flow from them:
6. How will existing structures in the protection zone be treated?
Section 18.08.520 Nonconforming structure or use. An existing structure or use lawful at the
time the ordinance codified in this Title, or any amendment thereto, becomes effective and which
does not conform to the requirements of the zone in which it is located.
Exempt
. can expand footprint of nonconforming structure if the expansion occurs outside the protection
zone
. can add stories to nonconforming structure if building footprint does not change in size or shape
. in residential zoning districts, can replace nonconforming principal buildings (e.g. single-family
home, multi-family structure)
. in non-residential zoning districts located in the Historic District (e.g. downtown and Water
Street), can replace nonconforming structures (e.g. buildings, decks, outbuildings)
Permitted with Planning Action Approval
. replacement of nonconforming structures located within or partially within the original building
footprint, except those exempted above
7. Planning Applications including Exceptions and Variances
Limited Activities and Uses (permitted uses)
. Type I procedure - decision by Staff Advisor, appealable to Planning Commission
Water Resource Protection Zone Reductions
. protection zone may be reduced up to 50%
o Should maximum protection zone reduction be lowered to 25%?***
. Type I procedure - decision by Staff Advisor, appealable to Planning Commission
o Should this be changed from a Type I administrative approval to a Type II (Planning
Commission public hearing)?***
...
Hardship Variance
. relax standards where limitations unduly restrict development or use of a lot
. Type II procedure - public hearing and decision by the Planning Commission, appealable to the
City Council
8. Mitigation and management
Mitigation Plan
. mitigation requirements involve performing restoration of disturbed areas in protection zones
Page 5
. mitigation plan required for Limited (permitted) Activities and Uses, Water Resource Protection
Zone Reductions and Hardship Variances, and may be required for Land Divisions
o for smaller projects involving single-family residences and Limited Activities, a
mitigation plan is required addressing a set of standards (e.g. plant type and spa.cing,
irrigation, erosion control)
. specific standards are designed for individual property owner preparing in part or
in total their own application
o for larger projects involving multi-family projects, commercial projects, land divisions,
a mitigation plan is required to be developed involving an assessment of the water
resource functions, impacts to the functions from the proposed project, a plan addressing
how the impacts will be mitigated and a management plan addressing long term
conservation, maintenance and monitoring
. more complex projects will likely require a natural resource professional for
mitigation plan preparation
. mitigation plan required for Limited (permitted) Activities and Uses, Water Resource Protection
Zone Reductions and Hardship Variances, and may be required for Land Divisions
o Should planning actions involving existing single-family homes be required to mitigate
impacts to protection zones?* * *
Management Plan
. is a plan that addresses long term protection, maintenance and monitoring of the water resource
. recorded conservation easement or Conditions, Covenants and Restrictions (CC&Rs)
. required for Water Resource Protection Zone Reductions, Hardship Variances and Land
Divisions
9. Enforcement
. initiated on receipt of a complaint
. enforcement would taken on new disturbance in a protection zone (e.g. native tree removal,
building, paving and grading), enforcement would not apply to pre-existing, nonconforming
situations
. Management Plan proactively protection tool that incorporates maintenance, self-monitoring
and reporting
. Existing homes on individual lots have limited restrictions (can't remove native plants or install
invasive plants in protection zone)
10. Education, demonstration projects, technical assistance.
"Protectionll vs IIPromotion"
The WRPO can do an effective job of stopping things from happening in the protection zones but can
have little effect on persuading people to cultivate environments in the protection zones that advance
the ordinance's goal with respect to ecosystems, habitat and water quality. This 'persuasion and
cultivation' component of the City's water resources management plan [to be included in a Comp Plan
modification? or the new water study?] needs to be tackled in a completely different but
complementary way.
A number of resources exist for this part of the plan:
Page 6
- State of Oregon experts, especially the Master Gardener program based at OSU.
- Local experts in ecological and hydrological science, education and consulting.
[remembering that professionals can't be expected to donate their services]
- SOU faculty and students, in appropriately designed courses and field work
- Existing program in the public schools, done under contract with Lomakatsi.
A separate effort from creating the WRPO is needed for this part of the plan but the two parts need to
reference and coordinate with each other.
Detailed Path (i.e. breaking each major category down into it components)
[To be added...]
Page 7