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HomeMy WebLinkAbout2013-0115 Council Mtg PACKET CITY OF ASHLAND Important.` Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments [o the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to . some extent on the nature of the item under discussion, the number of people who wish, to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 15, 2013 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. STATE OF THE CITY ADDRESS BY MAYOR STROMBERG V. ELECTION OF COUNCIL CHAIR VI. MAYOR'S ANNOUNCEMENTS VII. APPROVAL OF MINUTES 1. Study Session of December 17, 2012 2. Business Meeting of December 18, 2012 3. Special Meeting of January 2, 2013 VIII. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation regarding Martin Luther King, Jr. Day IX. CONSENT AGENDA 1. Annual review of investment policy for the City of Ashland 2. Liquor license application for Jordan MacKay dba Oberon's Three-Penny Tavern at 45 N. Main Street 3. Resolution adopting the Jackson County Multi-Jurisdictional Natural Hazard Mitigation Plan 4. Authorization for Conservation Division vehicle purchase COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US . 5. Award of a construction contract to the apparent low bidder for the Ashland Plaza reconstruction X. 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 §2.04.050)) None XI. 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] XII. UNFINISHED BUSINESS None XIII. NEW AND MISCELLANEOUS BUSINESS 1. Results of citizen survey. XIV. ORDINANCES. RESOLUTIONS AND CONTRACTS None. XV. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS XVI. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session December 17, 2012 Page I of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 17, 2012 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Silbiger, Voisin, Lemhouse, Slattery, and Marsh were present. Councilor Morris arrived at 5:31 p.m. 1. Look Ahead review Assistant City Administrator Lee Tuneberg reviewed items on the Look Ahead. 2. Discussion of possible changes to the uniform policies and operating procedures for Advisory Commissions and Boards (request of Mayor Stromberg) Mayor Stromberg had two concerns, one was Council appointing liaisons, and the other was deciding if the City needed all the commissions and possibly shifting how often they met. City Attorney Dave Lohman explained the proposed changes came from meetings he and City Recorder Barbara Christensen had with commissions regarding public meeting law and ethics requirements that resulted in the Discussion Outline for Uniform Board and Commission Guidelines. 1. Quorum Definition Staff recommended establishing a membership range of 5-7 members to achieve a quorum. Council majority thought the range should apply to the total number of positions on the Commission. The Planning Commission should have different quorum requirements. Other comments thought quorum should be the majority of positions currently filled in a commission. Mayor Stromberg thought Council could go through each commission and determine which ones could meet part time. Mr. Lohman commented under the current rules each commission determined how often it met. 2. Attendance Requirements Staff proposed commissioners attend 75% of scheduled meetings per calendar year. Council consensus agreed and thought the rule should extend to study sessions for the Planning Commission as well. Subcommittee attendance requirements were not pertinent. 3. Attendance by Phone or Other Electronic Means Currently each commission had the discretion to allow attendance by telephone or Internet. Staff proposed retaining the rule and Council agreed. 4. Advance Notice of Absences Staff suggested at least a two-hour notice of absence to all board members. Council determined at the minimum 24-48 hours notice to contact staff or one key person. For emergencies, the commissioner would do the best they could to notify either staff or a key commissioner. 5. Excused or Unexcused Absences Covered by points 1-4. City Council Study Session December 17, 2012 Page 2 of 3 6. Officer Elections Council agreed with staff's recommendation to elect the chair and vice chair the first month following the annual appointment process. 7. Officer Terms Staff proposed increasing the consecutive annual terms to three consecutive annual terms instead of two, Council agreed. Public Works Director Mike Faught addressed the false seismic alarm that went off at the dam over the weekend. They were able to reset the alarm earlier Monday and it was now working fine. 3. Status report on the plaza final redesign Engineering Services Manager Scott Fleury provided an update on the project. Staff was reviewing 95% of the plans and specifications. They had a target bid date of December 20, 2012 through January 10, 2013 and planned to bring the construction contract award to Council January 15, 2013 for approval. Currently the archeological site survey was underway with three more test sites needed to verify the presence or absence of culturally significant items. Directly following the site survey, staff would remove designated trees. However, they were postponing work until December 27, 2012 for local businesses in lieu of the Christmas holiday. Once the site survey was complete, Archaeologist Jeff LaLande would prepare a final report for SHPO (State Historic Preservation Office) and two federally recognized tribes. Mr. Fleury addressed an incident where citizens had photographed one of the archeologist test digs and sent them to SHPO to stop the project. SHPO in turn contacted Mr. LaLande who verified what was actually occurring. Mr. LaLande was looking at strata of earth to determine when the soil was no longer fill but natural native material while sifting through each level looking for prehistoric artifact. When excavation hit natural soil, he would conduct another test, map and log the results, to determine if further digging would disturb a significant cultural resource. Mr. LaLande initially applied for an archeological site survey permit, sent it to SHPO, the City, and the two tribes who reviewed and commented on the permit itself. Mr. Fleury went on to address the tree removal. In August 2012, the Tree Commission discussed removing the trees in the Plaza with input from staff Arborist Anne Thayer. The Commission requested a second opinion from an independent arborist Southern Oregon Tree Care. Staff removed the diseased Modesto ash and planned to remove two sweetgums, one was 31 inches and the other 21 inches. The 31- inch sweetgum was in poor health and Southern Oregon Tree Care agreed. The other sweetgum was fine but had the potential to deteriorate. During the site survey excavation, they discovered the old Highway 99 bed only three feet below, leaving no room for roots, contributing to the ill health of both trees. Councilor Voisin supported removing the larger sweetgum but did not approve removing the smaller one. She questioned why the City would remove them when the plaza needed large trees for shade. Mr. Fleury confirmed the staff arborist suggested removing the 21-inch sweetgum because it would continue to deteriorate like the larger tree. Councilor Voisin wanted the record to reflect she objected to the removal of the smaller sweetgum. Mr. Fleury explained the City had spent to date $28,735 on the original concept design from Covey Pardee, the archeology survey, and the final construction documents. The initial construction estimate was $141,836 and staff did not it think would not change. Adding the contracts, project total was approximately $194, 446. This amount did not include the City costs that staff was tracking and would total at the end of the project. City Council Study Session December 17, 2012 Page 3 of 3 Councilor Voisin was concerned the biding time occurred during the holidays and wanted to extend the January 10, 2013 date. Mr. Fleury explained they needed to complete the work by March before the tourist season. Covey Pardee contacted contractors for overall construction costs and the contractors were aware of the upcoming bid. 4. Discussion of whether to add to future agenda a change to the cold weather shelter rules (Request of Councilor Voisin) Councilor Voisin explained there was community interest in changing the temperature of the cold weather shelter from 20 degrees to 33 degrees. In addition, the Unitarian Universalist Fellowship and Temple Emek Shalom wanted to offer a third shelter night. They had volunteers willing to run the shelter but did not have a space and wanted the City to provide a facility. Currently the Presbyterian Church offered shelter on Monday nights and the Trinity Episcopal Church had a shelter for Wednesday nights. Councilor Voisin wanted the City to provide emergency shelter when temperatures dropped to 33 degrees using The Grove, Pioneer Hall, or the Community Center. The Homelessness Steering Committee (HSC) trained 25 people on running a shelter. The two faith organizations had an additional 12 volunteers to assist. Council and staff determined raising the temperature on the emergency shelter resolution would obligate the City 5 nights a week for almost five and a half months and raised concerns regarding availability, utility costs, liability insurance and general budget impact. They would need additional information on costs and available City facilities to make a decision. It would change the shelter to a winter shelter and require due process and vetting with the neighborhood along with public input. Working with volunteers to add a third shelter night was more viable. Council thought it was premature to add the item to the next night's agenda due to the research involved. Council gave direction to staff to analyze the costs and logistical issues involved to add a third shelter night weekly in collaboration with the faith community and provide that information possibly at the January 15, 2013 Council meeting. Mayor Stromberg addressed the Newtown CT massacre that occurred Friday, December 14, 2012 and wanted input on showing support as a City. Council and the Mayor discussed observing a moment of silence at the Council meeting, sending a letter or tile, planting trees, and would forward other suggestions to the Mayor. Other comments included gun control, more assistance for children with mental illness, and the need to remain non-political. Meeting adjourned at 7:29 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING December 18, 2012 Page I of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 18, 2012 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, Morris, Lemhouse, Slattery, Silbiger and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg noted the Newtown CT shooting massacre that occurred Friday December 14, 2012 and observed three minutes of silence out of respect for the loss of life. The Mayor and Council would send a letter to Newtown and determine a form of ongoing support. APPROVAL OF MINUTES The minutes of the Executive Session of December 4, 2012 and Business Meeting of December 4, 2012 were approved as presented. SPECIAL PRESENTATIONS & AWARDS General Manager Kim Clark from the Mt. Ashland Association (MAA) submitted into the record a Phase One Proposal for improvement projects at the Mt. Ashland Ski Resort. The proposal included 90 additional parking spaces on the uphill side of the access road that enters the current parking lot. This area was located on the Cottonwood drainage side of the Permit area and did not involve fill material. Phase One would also re-contour the Sonnet beginner area and require 31,000 cubic yards of fill material. The last part of the proposal would widen selected ski runs through tree removal under the guidance and prescription laid out by the USFS (United States Forest Service). Mr. Clark stressed no tree removal was proposed for any of the new runs in the C-6 expansion area in Phase One. Mayor Stromberg provided plaques to departing Councilors Russ Silbiger and David Chapman and commended them for their contributions and efforts to the City. The Mayor's proclamation of January 5, 2013 as Christmas Tree-Cycle Day was read aloud. Ashland Police Chief Terry Holderness introduced Police Detective Carrie Hull, the Ashland Police sexual assault detective, Molly Harris coordinator of the Southern Oregon University (SOU) Women's Resource Center, Susan Moen, executive director of Jackson County Sexual Assault Response Team (SART), and Anna DeMatteo, director of Victim Services through Community Works who were collaborating with the Police Department. He explained sexual assault was the most common crime in Ashland due to an overall low crime rate. Statistics showed that only 15%-20% of victims of sexual assault reported. In 2010, the Police Department improved how they processed sexual assaults that increased reporting 60% from 25 cases in 2009 to 43 in 2012. Detective Hull provided a presentation on the You Have Options Campaign starting January 1, 2013. The Ashland Police Department (APD) formalized an option-based process they used over the past two years collaborating with advocates and working with victims. The presentation covered the following points: ASHLAND CITY COUNCIL MEETING December 18, 2012 Page 2 of 6 • Immediate Goal: To increase sexual assault reporting within the City of Ashland Focusing on the reporting process enabled the officer to connect a victim with advocacy and medical resources. Participating advocacy organizations provide the following services: Community Works - Sexual Assault Victim Services (SAVS) provides volunteers that respond 24 hours seven days a week to sexual assault survivors through the three hospitals, and by working with a Sexual Assault Nurse Examiner (SANE). Community Works also operates a helpline, and receives calls from sexual assault survivors who were previously assaulted and need resources. Sexual Assault Response Team (SART) - Provides a nurse, medical exams, forensics, prophylactics, and anonymous evidence. SART also runs counseling groups, and meets monthly with nurses and law enforcement to discuss cases, victims' needs, and track how they are doing. SART works with Community Works and APD on the prevention programs for middle and high school students, as well as a bartender program with OLCC. Women's Resource Center SOU - Provides a designated space for survivors of sexual assault, stalking and battering, promotes campus safety, and medical advocacy through SART and Community Works. The center collects anonymous misconduct reports, tracks sexual assaults, and why survivors do not report. They also provide prevention education for first year students, train on what is consent, what is assault, options for medical, legal and support advocacy. • Responding to a victim of sexual assault the same as you would most other crimes does not work because the barriers to reporting are so drastically different Barriers include confidentiality issues and credibility. Reporting anonymously often does not work. Law enforcement needs an immediate response, and victims rarely report right after the assault occurs. • APD Changed from Prosecution Driven to Victim-Centered and Offender Focused • Every victim of Sexual Assault is given options for their report, not advice or ultimatums. • Victim controls how much or how little they participate in the investigation • Victim is not required to decide at the beginning of an investigation if they will pursue charges • Victim can speak with an officer about their options without a formal investigation ever being initiated (all staff is trained) • Victim can disengage from the system at any time prior to a care resulting in an arrest/DA referral • Work with every person who reports to provide access to advocacy and medical care • Increased reporting of sexual assaults provides the opportunity to identify and prosecute sexual predators in our community • We are also sending the message to offenders the if they commit assault within city of Ashland there is a stronger chance they will be identified • reportingoptions.org website o Options o An online form o FAQ o Prevention & Education Chief Holderness explained why APD might not report a sexual assault reported by teenage girls aged 15- 17 to their parents. Often drug and alcohol use is involved with teenage victims of sexual assault and they do not want their parents to know that aspect. However, APD will remove them if the abuser is in the home, and will not conduct a comprehensive interview without parent or guardian approval. Advocating with the victims could contribute to them eventually disclosing to their parents. Detective Hull added ASHLAND CITY COUNCIL MEETING December 18, 2012 Page 3 of 6 APD receives information from advocacy showing trends and victimization at that age level. The only way to stop sexual violence is getting victims to talk. Council supported the program and commended the Police Department for their efforts. Detective Hull further explained how focusing on the offender contributes to prevention. An offender targets a victim based on their vulnerability, accessibility and perceived lack of credibility. APD focuses on how the offender executed the sexual assault. Chief Holderness addressed middle school prevention training noting people in that age group often do not understand consent. The short-term goal of the program was increasing reporting, with long-term goals to increase prosecution and reduce the number of sexual assaults since 90% of all assaults were from serial rapists. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. A resolution transferring appropriations within the FY 2012-13 budget 3. Approval of contract for replacement of sidewalks at Hunter Park 4. Liquor license application for The Deli Downstairs located at 107 E. Main Street 5. Public contract for safety training (in Public Works and Electric) 6. Appointment of Craig Anderson to the Transportation Commission 7. Consideration of Planning Commission Term Completion 8. Confidentiality agreement concerning information submitted by Asante as part of Ashland Hospital affiliation and lease negotiations 9. Approval of a resolution to repeal bicycle license registration fee in Resolution 2012-21, Miscellaneous Fees and Charges Assistant City Administrator Lee Tuneberg added a liquor license application for TOT restaurant to the agenda. Staff removed Consent Agenda item #7, the current ordinance allowed one person to live outside city limits, the request would extend it to two and could jeopardize the decision process for that position. Councilor Slattery pulled Consent Agenda Item #3 for further discussion. Councilor Voisin/Silbiger m/s to approve Consent Agenda items #1-10 except for item #3. Voice Vote: All AYES. Motion passed. Parks Department Superintendent Bruce Dickens explained replacing the sidewalks at Hunter Park was a deferred project suited for dry winter weather. Councilor Slattery/Lemhouse m/s to approve Consent Agenda item #7. Voice Vote: All AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM Rabbi Joshua Boettiger/Temple Emek Shalom/Explained in Judaism, it was a communal right to provide shelter and basic human needs services. In addition to the Episcopalian and Presbyterian shelter nights, the UUF (Unitarian Universalists Fellowship) with Temple Emek Shalom wanted to provide a third night for shelter. They did not have the facility but had volunteers to run it and provide a light breakfast in the morning. If the City provided a site, they could commit to staffing. Rabbi Boettiger asked Council not to wait until January 15, 2013 to move forward but start the process right away. John Wicczorek/165 Orange Avenue/Thought the proposal got confused with the emergency shelter ASHLAND CITY COUNCIL MEETING December 18, 2012 Page 4 of 6 resolution during the previous night's Study Session. He reiterated the UUF and Temple Emek Shalom wanted to collaborate with the City to have a third shelter night. He had looked at the schedules and The Grove, Community Center, and Pioneer Hall had good availability on Tuesdays and Thursdays with the exception of Tuesday night, The Grove was free after 8:00 p.m. He noted the cost to rent The Grove was slightly over $65 a day. UUF and Temple Emek Shalom wanted 16 nights of shelter for over $1,000. Research showed the greater costs in not providing shelter to the community through hospital and emergency care, detoxification, mental health and law enforcement. He urged Council to take the political risk and expedite the process to provide and protect the community's most vulnerable citizens. Leslie Becknell Marx/Minister Rogue Valley Unitarian Universalist Fellowship/87 41h Street/ Addressed the moral issue of honoring human dignity around homelessness. She referenced an episode aired on NPR's This American Life program about myths surrounding the United States that people living in refugee camps did not believe but were actually true. One was America allowed homeless people to sleep on the streets. Even though it was normal in society for people to sleep on the streets, it was not OK or easy to solve. The Presbyterian Church was unable to provide a third night so they were here asking the City for a space they would staff with volunteers. Max Afshar/419 Willow Street/Expressed moral opposition to the removal of the two sweetgum trees in the Plaza. The reasons stated to remove the trees were actually a consequence of living with trees, one the City dealt with for decades. As humans and stewards of land, everyone was responsible to nourish the land and allow beauty to flourish and keeping the trees alive was doing just that. He suggested a second opinion or allowing them to live while their replacements grew. These were living beings without a voice, supporting thousands of organisms above and below the surface. They had a right to life just like people. Councilor Voisin/Slattery m/s to put on the end of the agenda, the request from the faith community to consider partnering with the City for a one night a week shelter. DISCUSSION: Councilor Slattery had reservations but was willing to try the shelter. He appreciated the testimony from the faith community and hearing why the request was so late in the season. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, and Marsh, YES; Councilor Silbiger, NO. Motion passed 5-1. UNFINISHED BUSINESS 1. FY2011-2012 Comprehensive Annual Financial Report Assistant City Administrator Lee Tuneberg explained they had pulled the Comprehensive Annual Financial Report (CAFR) from a previous agenda because the Audit Committee did not have a quorum during their meeting to recommend approval. The opinion from the auditor was unqualified meaning there were no exceptions but they made recommendations regarding internal controls on staff size and segregating duties. The CAFR met all state and federal requirements. The City's financial condition had improved with an increase in net assets. However, the aging infrastructure would be costly. It would also be difficult to resolve staffing issues and segregating duties in the Municipal Court within the next year. Mayor Stromberg thought the issue needed to go into budget preparation as proposed by the City Administrator and should include provisions for solving the problem. Mr. Tuneberg explained when Oregon Shakespeare Festival reported land improvements it rolled into the Parks and Recreation Department financial report as part of a lease hold improvement that contributed to their net assets. Councilor Slattery/Lemhouse m/s to accept the Audit Committee Report and the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012, as presented. ASHLAND CITY COUNCIL MEETING December 18, 2012 Page 5 of 6 Roll Call Vote: Councilor Slattery, Lemhouse, Voisin, Morris, Marsh, and Silbiger, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading of an ordinance titled, "An Ordinance authorizing full faith and credit bonds for multiple purposes" Assistant City Administrator Lee Tuneberg read the following changes to the ordinance: • Fifth Whereas: "Whereas, the City desires to issue revenue bonds under the Act that are secured by all lawfully available funds of the City and a pledge of the City's full faith and credit and taxing power, as permitted by ORS 287A.315, to finance street, water, wastewater, storm drainage and parks projects and to refinance a portion of the City's outstanding 2003 Water Revenue Bonds." • Section 1 Revenue Bonds Authorized under the Act, table, Financing for street, water, wastewater, storm drainage and parks projects, Amount $4.95 million • Section 1(A): "The estimated principal amount of revenue bonds to be sold pursuant to this Section 1 does not exceed $7.0 million." • Section 3 Delegation adding (K) Designate any series of Bonds as a qualified tax-exempt obligation pursuant to Section 265(b)(3) of the Code, if applicable," moving the former K to L. Mr. Tuneberg confirmed that adding the $500,000 provision for the Parks Department did not obligate them. The Parks Department had until late January to determine whether they needed the funds. Councilor Voisin/Morris m/s to approve Ordinance #3079. Roll Call Vote: Councilor Voisin, Silbiger, Marsh, Slattery, Lemhouse and Morris, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion Mayor, take the agenda item initially for January 15, 2013 consideration of possibility of City entering partnership with two congregations to staff a one night shelter at a City facility. Dennis adds City Facility that does not displace already planned functions in that space. Councilor SlatteryNoisin m/s to open one night per week additional night utilizing a City facility to be named in the future, utilizing the Faith Community. DISCUSSION: Assistant City Administrator Lee Tuneberg explained staff would need to consider which facility to use, schedule disruptions, impacts to the Parks Department, maintenance, utilities, liabilities, insurance, and opening, closing, and inspecting logistics. Councilor Marsh supported the staff direction from the Study Session held the previous night to research opening a third night of shelter consistently and wanted those answers before moving forward. Councilor Silbiger noted Council could call a special meeting instead of waiting until the January 15, 2013 meeting. Councilor Lemhouse appreciated the Faith Community coming forward to talk, but found it frustrating the proposal came at December 17, 2012 instead of earlier in the year to allow better preparation. He supported a special session for further discussion. Councilor Voisin explained the cold weather resolution stated City facilities with previously booked events were subject to cancelation. She wanted staff and the faith community to revise the resolution and incorporate what the UUF and Temple Emek Shalom offered. Councilor Slattery disagreed and suggested a dedicated agreement with the faith community that did not involve the resolution. ASHLAND CITY COUNCIL MEETING December 18, 2012 Page 6 of 6 Councilor Voisin/Lemhouse m/s to amend the motion to instruct staff to work with the faith community on a proposal to be bring to Council at a special meeting on January 2, 2013. City Attorney Dave Lohman added the need to involve the Parks Commission regarding space and a review of City insurance regarding personal liability. Councilor Voisin/Lemhouse m/s to amend the motion to state Council instruct staff to work with the faith community and all entities, Parks Commission included, to come up with a resolution that sets forth a program for one day a week for a shelter in a City building and that be done if not on January 2, 2013, at a time the Mayor will set forth for a special meeting. Roll Call Vote: Councilor Morris, Silbiger, Lemhouse, Voisin, Slattery, and Marsh, YES. Motion passed. Councilor Lemhouse/Voisin m/s to amend the motion that the shelter will be temporary in nature and staff will provide a reasonable sunset date. Roll Call Vote: Councilor Marsh, Voisin, Lemhouse, Slattery, Silbiger, and Morris, YES. Motion passed. Staff was not sure whether the faith community could lease a City building on their own and assume the liability. Roll Call on main motion: Councilor Morris, Silbiger, Slattery, Lemhouse, Voisin, and Marsh, YES. Motion passed. Councilor Lemhouse noted Councilor Silbiger was recently awarded Citizen of the Year by the Chamber of Commerce. ADJOURNMENT Meeting adjourned at 9:00. Dana Smith, Assistant to City Recorder John Stromberg, Mayor ASHLAND CITY COUNCIL MEETING January 2, 2013 Page 1 of 6 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL January 2, 2013 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. OATH OF OFFICE City Recorder Barbara Christensen administered the Oath of Office to newly elected Mayor John Stromberg, City Councilor Rich Rosenthal, Carol Voisin, and Greg Lemhouse for terms to expire December 31, 2016. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. UNFINISHED BUSINESS 1. A resolution titled, "A Resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week through April, 2013." Administrative Services Director Lee Tuneberg explained staff followed the format used in Resolution 2007-11 Emergency Shelter with input from the insurance company. Possible facilities for the shelter were Pioneer Hall, the Community Center, and The Grove. Parks and Recreation staff recommended Pioneer Hall because of availability and size. Insurance deductibles were $10,000 for damage and liability was $50,000 per calendar year. Staff suggested the groups initiating the request provide the insurance needed to cover volunteers and sign hold harmless agreements, if possible. Volunteers would also sign a waiver releasing the City from liability prior to staffing the shelter. If the shelter became a regular scheduled event, it could require a formal land use action. Since City facilities did not allow pets, there was a possible network where guests could get their pets cared for elsewhere instead of leaving them outside. The shelter would separate men, women, and families, meet fire codes, and guests would sign a waiver and agreement to abide shelter rules. The shelter would also have plans in place for emergencies, mental health issues, emergency communication procedures, and provide training. Additionally staff recommended a process for securing guests' belongings while they slept. Volunteers at minimum would consist of one male and one female with additional male volunteers needed whenever there were more than 10 male guests. The shelter would not open if there were fewer than the required number of trained volunteers. The insurance company estimated an additional $400 each month the shelter was open with no change in annual deductibles. City Attorney Dave Lohman added the costs for a non-profit to rent Pioneer Hall were $15 an hour, with a $150 deposit. Renting Pioneer Hall for 12 hours over night was $180 and the City could carry the $150 deposit for the duration. The insurance company's analysis would most likely remain the same with the possibility of increasing the premium $100 each shelter night. Mr. Tuneberg further explained the insurance increase for overnight usage was a perceived risk from the insurance company. He clarified the $50,000 annual deductible pertained to all activities in the City and was not incident related. Total cost for insurance to host a shelter night weekly for four months was $1,600, additional costs, if any, were unknown at this time. Volunteers signing a hold harmless agreement would eliminate the City's insurance requirement as long as the City had sufficient liability insurance for the volunteers. If Council increased the temperature in the current Resolution 2007-11, the insurance company would review and determine if the change resulted in an increase. ASHLAND CITY COUNCIL MEETING January 2, 2013 Page 2 of 6 Rabbi Joshua Boettiger explained it was too expensive for Temple Emek Shalom to provide the additional liability insurance staff suggested and Reverend Leslie Becknell Marx did not know if the Unitarian Universalist Fellowship insurance would cover the shelter night or not. Mr. Tuneberg clarified the City defined emergency shelter services but the insurance company decided how it affected premiums and reviewed potential impacts to insurance costs annually. The insurance company looked at the building and proposed uses to determine the City's exposure and did not factor zoning. The City did not have the ability to negotiate rates with the insurance company. Homelessness Steering Committee (HSC) member Heidi Parker explained the committee met with faith agencies whose main issue was training and volunteer coordination to run the shelters. The HSC formed a subcommittee that provided the training needed. She submitted into the record the agenda used and described the training. Barbie Breneiser, a shelter volunteer for the Presbyterian Church shelter shared the shelter prohibited drugs and alcohol and in the six years she worked there, they had not encountered any drug or alcohol related issues. Occasionally someone who had been drinking would come to the shelter but knew they could not use inside and did not. If there were a problem, they would ask the individual to leave and if that became an issue, they would call 911. During 2012, the shelter averaged 14 guests a night, the highest was 25, and the lowest was three. There were six emergency shelter nights hosted at the church, one at Pioneer Hall, and another at the Congregational Church. Typically guests were mostly male, very few females and rarely did they host families. The guests at the Presbyterian shelter tended to self-police and discouraged troublemakers resulting in no problem encounters. Ms. Parker related an incident where a volunteer was concerned about the mental health of one of the guests. She contacted Frederick Berger who had extensive knowledge regarding the homeless and mental health issues. He came to the shelter and counseled the man in question. The majority of guests were over the age of 18. Council wanted to know the liability to the City and its obligation to due diligence when it pertained to under aged guests. Ms. Breneiser went on to explain volunteers managed the emergency shelter nights by ensuring space was available, they had enough volunteers, and finally notifying the proper channels. This usually happened a couple days in advance but sometimes it was the same day. Keith Haxton explained he and John Wieczorek were two of the core facilitators and volunteers for shelters in town. Mr. Haxton responded to the Risk Management Recommendations and explained the Presbyterian Church had a separate section for people who wanted to be isolated. The majority of guests were adult men, with divider walls or separate rooms for women and families. Volunteers would provide dividers for Pioneer Hall shelter nights. Most shelter guests did not like to sign waivers or agreements but would if necessary. Volunteers would develop an emergency plan for Pioneer Hall. Managing mental health issues was covered through the shelter training. Ruth Coulthard, a volunteer at the Presbyterian Church created an emergency phone tree in case of emergencies. The Presbyterian Church had a room to store guest's belongings. Supplies and first aid equipment were stored in a secure area as well. The volunteer requirement of one male and one female was new. Historically it was two women and difficult to get male volunteers. Current rules stated if there were less than the minimum volunteers required, the shelter would not open. They kept a back up list of on-call volunteers to prevent closures. For the Pioneer Hall shelter nights, Mr. Haxton and Mr. Wieczorek, representing Temple Emek Shalom ASHLAND CITY COUNCIL MEETING January 2, 2013 Page 3 of 6 and UUF would make the decision not to open the shelter. Father Tony Hutchinson/292 Clinton Street/Introduced himself as the Rector of Trinity Episcopal Church. Homelessness was a terrible blight and a shame on the nation. Having volunteers willing to give time, effort and wealth in support of providing hospitality for the most vulnerable in the community was a good thing the City should encourage. He understood the City had concerns with liability and possible things that might go wrong. Trinity Church went through similar questions with their due diligence when they opened their shelter but it had worked out well. He stressed people should live their values. John Wieczorek/165 Orange Avenue/Suggested as people entered the New Year they evolved as a community to the stage of accepting that providing shelter from cold weather to fellow human beings was the right thing to do. Approving the third night would help. He listed the costs associated with not providing a shelter and the benefits a shelter would offer. He hoped Council would look at the third night from the benefits it provided and not simply from the risk. He asked the City incur any and all increased insurance costs associated with the use of the city building. He did not support or see a need for criminal background checks for volunteers but if required he would. Mr. Haxton interjected there was an issue of costs and if the City compensated for the costs, it would not be a problem. Heidi Parker/344 Bridge Street/Noted her experience with background checks and that Council would need to clarify the range. Reverend Leslie Becknell Marx/Rogue Valley Unitarian Universalist Fellowship/87 4" Street/Celebrated the opportunity to speak on this subject, thanked the volunteers and the willingness of the Council to consider an additional shelter night. Regarding the insurance, she hoped the City would be generous. She thought the insurance company was taking a prejudicial stance by assuming a risk for people without permanent homes that was unreasonable to her. She hoped Council would cover the additional insurance costs. Joan Kalveloge/991 Hiawatha Place/Was glad the churches had years of knowledge proving shelters were not an undue risk: Shelters created a collaborative and respectful relationship. She thought the insurance company would be greatly relieved when the City joined the churches and saw what actually happened with this population. It would save the City money in other services, but most of all it would improve a sense of community that was about taking care of the most vulnerable members. Susan Freeman/673 Siskiyou Boulevard/Questioned why the temperature in the emergency shelter resolution was set at 20 degrees and thought it was too low. She asked Council to consider a higher temperature to enact the resolution and reconsider the dates as well. She was also interested in participating in the volunteer training. Keith Haxton/110 71h Street/Explained homelessness was a social problem that required a social solution. He urged Council to approve the third night of shelter. He spoke of his own experience of being homeless and sleeping in cold weather. Sangigo Bruce Thanburn/654 Oak Street/Shared his experience as a homeless person and thanked Ashland for making him feel welcome and supported. When he got on his feet and stable enough to turn his life around he realized he owed service to the community by helping others who were struggling. He suggested Council and the public attend the dinners for the homeless, get to know them, realize they are not different just people who have had harder times, and start to diminish the fear people had regarding ASHLAND CITY COUNCIL MEETING January 1, 2013 Page 4 of 6 the homeless. Cate Hartzell/1892 Garden Way/Read Resolution 2007-11 and commented the City had made next to no investment to put forward a resolution that really helped uphold one of its responsibilities to the residents. Volunteers counted as in kind services that amounted to thousands of dollars. The City had a social services plan and one of the goals was cooperating with non-profit organizations and the faith communities to meet social safety net services. She thought the Council memo contained double standards regarding background checks, waivers to sleep, high insurance rates, while other events held in City facilities produced a higher risk and did not have the same requirements. She encouraged Council to be cautious but aware of the discrimination that occurred around economic and mental health categories. Council should also lease a building that had space to store personal belongings. Ron Roth/6950 Old Hwy 99 South/Thought the City should provide hypothermia insurance. He proposed the City use Pioneer Hall two nights a week and work with the faith-based community to have a shelter open seven nights a week from November 1 through the end of March. He went on to quote scripture. Daniel Rowe/991 Hiawatha Place/Understood the complexities of municipal governments and liability issues. At the same time, $400 a month was a small amount of money and could not imagine that money was driving the discussion. He had met people who were homeless and often it was a series of bad circumstances and they needed help. The faith community proved they could help people and had not experienced great problems. He encouraged Council to try the shelter night and in the end hoped, they felt it provided a service to the community. Max Afshar/419 Willow Street/Observed how easy it was to get lost in the minor details of the proposal. Council was considering hosting people who did not have any other option but to sleep on the street in the winter and the city had the resources to prevent that from happening. He asked Council to take responsibility for the insurance and put forth their best effort to make the shelter happen. Councilor Voisin/Slattery m/s to approve Resolution #2013-01 and to assume cost for additional insurance and allow for minor changes to current resolution at a later time, change Section 2(f) from 7:30 p.m. to 8:00 a.m. to fit with other shelters, in Section 3(e) delete pets and delete requirement for a background check for the volunteers. DISCUSSION: Councilor Voisin reminded Council the mission of the City was to protect the health, safety, and wellbeing of all citizens. Collaborating with the faith community was a good opportunity to fulfill that mission in cooperation with the citizenry. She wanted to delete pets from Section 3(e) because the Presbyterian Church had no difficulties with pets and recently the Trinity Episcopalian Church made the decision to allow pets. Pets were important to the homeless and provided a needed service. If the City was going to have background checks for the homeless shelter volunteers, they needed to extend that requirement to all volunteers in the City of Ashland. Councilor Slattery supported the concept but noted the huge difference between faith community and a government entity. This was not about fear, it was about responsibility, ensuring the process would work next year, and getting citizen approval since their taxes would pay for the shelter. He supported an additional shelter night but questioned why the faith community did not provide shelter seven nights a week. The proposal involved a public building paid for by public funds and was a different paradigm than using a building from the faith community. If something went wrong in a public building, the City and taxpayers could be sued at great cost. He was not in favor of allowing pets, supported a basic background check, training, and wanted to know who was backing the volunteers. The City needed to be responsible to the insurance company's requirements as well. He strongly agreed the City should support a shelter night, and supported all the requirements for the shelter to make it successful. ASHLAND CITY COUNCIL MEETING January 2, 2013 Page 5 of 6 Councilor Lemhouse did not think Council needed to be reminded what the Council's mission was, and that everyone wanted to do the right thing. He could not support the motion if it did not include background checks for volunteers, or allowed pets. He thought the best way for the City to help was increasing the dollar amount to $5,000410,000 annually and use those funds to to provide transportation and shelter to those in need. He preferred a long-term approach to develop a funding mechanism and a program that provided vouchers to the faith-based communities to give to help people in need. Providing shelter one night a week seemed like a band-aid. He was not in favor of the motion as it stood. Councilor Marsh agreed this was a band-aid but thought it was a step worth taking. In dealing with homeless, there were many objectives. One was guaranteeing the health and safety of people on the streets and this was a step in that direction. A second objective was using City resources to leverage them with help from the community. This was essentially a 12-week pilot program, a follow up meeting with the faith community to determine what worked, what did not, and whether to continue and a report to Council with the outcome. She thought the insurance was outrageous but did not want it to dictate policy. She was also concerned with the start time, and did not want to displace events that went to 7:30 p.m. or 8:00 p.m. She supported allowing pets in the shelter but thought background checks required further discussion. Councilor Marsh/Slattery m/s to amend the motion that the waiver required for use of the shelter include a statement that the individual is IS years or older. DISCUSSION: Councilor Marsh did not think a shelter was an environment for minors and doubted the City could guarantee safety. Additionally, statements from the police department indicated how rare it was to have families needing shelter. Roll Call Vote: Councilor Marsh, Morris, Voisin, Slattery, Rosenthal, and Lemhouse, YES. Motion passed. Councilor Rosenthal emphasized this was an experiment and there would be opportunities to make course directions if something went wrong. This was one step in an ongoing process of a much broader issue. Councilor Morris understood it was an interim program but did not support allowing pets or removing the background check requirement, and subsequently would not support the motion. Councilor Morris/Slattery m/s to amend the main motion to include the provision on pets. DISCUSSION: Councilor Morris did not think pets should be allowed in a Parks and Recreation building. Councilor Slattery thought allowing dogs could jeopardize the program and possibly affect insurance. Councilor Voisin commented many people using the shelters had pets that were better trained than pets belonging to non-homeless owners. Both the Presbyterian and Trinity Churches had no issues allowing pets. She doubted people would use the shelter unless their dogs were with them. Councilor Lemhouse noted the likelihood of someone suing a church over a dog bite was less than suing a city. Additionally people allergic or afraid of dogs might not access the shelter if dogs were allowed. Roll Call Vote: Councilor Morris, Slattery and Lemhouse, YES; Councilor Marsh, Voisin and Rosenthal, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Councilor Morris/Marsh m/s to amend the main motion to include the requirement for background checks. DISCUSSION: Councilor Morris noted the requirement for background checks was in Resolution 20078-11 and that it might be required for insurance. Councilor Voisin called for a point of clarification to ask where the requirement was specified in Resolution 2007-11. Councilor Lemhouse responded Section 2. Terms and Conditions, subsection (2) and Councilor Morris read, "The shelter will be staffed by volunteers from nonprofit organizations or other organizations in the business of providing for the needs of persons. The city's insurance company requires organizations providing volunteers to provide a letter to the City of Ashland stating that all shelter volunteers have received appropriate training to staff a shelter and have passed criminal background checks." Councilor Voisin explained background checks on volunteers never occurred, questioned why the City was doing ASHLAND CITY COUNCIL MEETING January 2, 2013 Page 6 of 6 that now and did not think it was necessary. Councilor Slattery was surprised to find the City had not been doing criminal background checks when it was required but they should going forward. Councilor Rosenthal thought the fact this stipulation had not been enforced was correctable. The volunteers in this case would act as facility managers and it made sense to have people in charge of a public facility go through a process already approved in a resolution. Roll Call Vote: Councilor Marsh, Morris, Voisin, Slattery, Rosenthal, and Lemhouse, YES. Motion passed. Councilor Lemhouse/Morris m/s to amend the main motion that states start time will be approximately 8:30 p.m. ending 8:00 a.m. Roll Call Vote: Councilor Marsh, Morris, Voisin, Slattery, Rosenthal, and Lemhouse, YES. Motion passed. MAIN MOTION: Approve Resolution #2013-01, that includes the City to assume cost for additional insurance, allow for minor changes to the current resolution at a later time to Sections 2(f) making start and end time approximately from 7:30 p.m. to 8:00 a.m. in order to fit with other shelter times, include requirement for background checks and that the waiver required for use of the shelter include a statement that the individual is 18 years or older. Roll Call Vote on main motion as amended: Councilor Marsh, Morris, Voisin, Slattery, Rosenthal, and Lemhouse, YES. Motion passed. ADJOURNMENT Meeting adjourned at 9:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ' PROCLAMATION • Monday; January 21, 2013, is a federal holiday marking the birth of Rev. Martin Luther King, Jr. It is a day that celebrates a man devoted to Peace, Social Justice, and Equality • The City of Ashland, the Oregon Shakespeare Festival, the Ashland School District, Southern Oregon University, and Jefferson Public Radio have joined together for 25 years to mark this federal holiday. As a-community we come together to celebrate a day of respect and a Ei commitment to,teach children to respect people different from themselves. NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim the remaining days of the month of January 2013, as "Ashland Commits to Racial Harmony" and calls upon the citizens of Ashland to commit to fight discrimination and ignorance by actively seeking knowledge and understanding. Dated this 15th day of January, 2013. J e D 4 John Stromberg, Mayor Barbara Christensen, City Recorder . 'P~H~~ o 0 0 0 1r Qd,A,~e9 Gdel9 ,0~.9 Sd ~ 2d d9 ed d9 Cdp~ 0%(~d9 ~d,A~ ~ CITY OF ASHLAND Council Communication January 15, 2013, Business Meeting Annual Review of Investment Policy for the City of Ashland FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY City Council review the current City of Ashland Investment Policy. BACKGROUND AND POLICY IMPLICATIONS: This policy was previously reviewed and approved by the City Council in December 2011 to meet current Oregon Revised Statutes pertaining to investment of municipal funds. There are no suggested changes to the current policy although there is current action taking place in the legislature regarding Oregon credit unions ability to accept and safely hold government funds. The approval of allowing Oregon credit unions is currently being moved through the process and is set to begin in April 2013. At this time there are five credit unions that are filing to participate, none of which are in our area. This program will be tracked and if appropriate, at the next review of the City Investment Policy, any proposed changes will be submitted at that time. The policy states that it shall be reviewed on an annual basis by the Investment Officer and the City Council. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Approve City of Ashland Investment Policy SUGGESTED MOTION: Approve City of Ashland Investment Policy ATTACHMENTS: Investment Policy Press Release - Ted Wheeler, State Treasurer - Oregon Credit Unions Page I of 1 ~r, City of Ashland Investment Policy Revised November 2009 Pagel of7 CITY OF ASHLAND, OREGON INVESTMENT POLICY 1. POLICY STATEMENT It is the policy of the City of Ashland to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. II. SCOPE This investment policy applies to activities of the City of Ashland and Ashland Parks & Recreation in regard to investing the financial assets of all funds except for funds held in trust for deferred compensation funds for the employees of the City of Ashland. In addition, funds held by trustees or fiscal agents are excluded from these rules; however, all funds are subject to regulations established by the State of Oregon. Other than bond proceeds or other unusual situations, the estimated portfolio size ranges from $15,000,000 to $24,000,000. These funds are accounted for in the City of Ashland's Comprehensive Annual Financial Report and include: General Fund Special Revenue Funds Capital Projects Funds Debt Service Funds Enterprise Funds Internal Service Funds Trust & Agency Funds Funds of the City will be invested in compliance with the provisions of all applicable Oregon Revised Statutes. Investments of any tax-exempt borrowing proceeds and any related Debt Service funds will comply with the arbitrage restrictions in all applicable Internal Revenue Codes. III. OBJECTIVES AND STRATEGY The primary objectives, in priority order, of the City of Ashland's investment activities shall be: 1. Legality. This Investment Policy will be in conformance with federal laws, state statutes, local ordinances, and internal policies and procedures. 2. Liquidity. The City of Ashland's investment portfolio will remain sufficiently liquid to enable the City of Ashland to meet all operating requirements which might be reasonably anticipated. 3. Diversification. Diversification of the portfolio will include diversification by maturity and market sector and will include the use of multiple broker/dealers for diversification and market coverage. 4. Yield. The City of Ashland's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, commensurate with the City of Ashland's investment risk constraints and the cash flow characteristics of the portfolio. "Market rate of return" may be defined as the average yield of the current three- City of Ashland Investment Policy Revised November 2009 Page 2 of 7 month U.S. Treasury bill or any other index that most closely matches the average maturity of the portfolio. Effective cash management is recognized as essential to good fiscal management. Cash management is defined as the process of managing monies in order to ensure maximum cash availability. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, and the management of banking services. IV. STANDARDS OF CARE 1. Delegation of Authority. Authority to manage the City of Ashland's investment program is delegated to the City Recorder/Treasurer and Administrative Services Director who are the designated investment officers of the City and are responsible for investment decisions and activities, under the review of City Council. The day to day administration of the cash management program is handled by the City Recorder/Treasurer or by, the Administrative Services Director in the absence of the City Recorder/Treasurer. Management responsibility for the investment program is hereby delegated to the City Recorder/Treasurer and Administrative Services Director, who shall establish written procedures for the operation of the investment program consistent with this investment policy and subject to review and adoption by City Council. Procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Recorder/Treasurer and Administrative Services Director. The City Recorder/Treasurer and Administrative Services Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 2. Prudence. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. These standards states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." 3. Limitation of Personal Liability. The Investment Officer acting in accordance with written procedures, the investment policy and in accord with the Prudent Person Rule shall not be held personally liable in the management of the portfolio. 4. Ethics and Conflict of Interest. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and Investment Officers shall disclose any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the investment portfolio. Employees, officers, and their families shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City, Officers and employees shall, at all times, comply with the State of Oregon, Government Standards and Practices Commission, code of ethics set forth in ORS Chapter 244. City of Ashland Investment Policy Revised November 2009 Page 3 of7 IV. AUTHORIZED AND SUITABLE INVESTMENTS. 1. Authorized Investments. All investments of the City shall diversified by type, maturity and issuer. Before any transaction is concluded, to the extent practicable, the Investment Officer shall solicit and document competitive and offers on comparable securities. When not practicable, the reasons should be similarly documented. At all times the Investment Officer will strive for best execution of all transactions. Additionally, if reasonably unanticipated events cause the portfolio limits to be exceeded, the Investment Officer will take the steps necessary to correct the situation as soon as practicable. Investments may be sold at a loss when the Investment Officer deems that such a decision is prudent. 2. Suitable Investments. a. U.S. Treasuries b. Agencies and Instrumentalities of the United States. c. Savings and Demand Accounts (Oregon depositories only) d. Time Certificates of Deposit (Oregon depositories only) f. Banker's Acceptances (Oregon issued) g. Corporate Debt h. Municipal Debt (States of Oregon, California, Idaho and Washington only) i. Oregon Local Government Investment Pool (LGIP) The specific permitted securities are defined under Oregon Revised Statutes Chapters 294.035, 294.040, 294.046 and 294.810. (See Addendum A) Collateral requirements are bank deposits, time deposits, certificates of deposit and savings accounts are defined in ORS Chapter 295. (See Addendum B) V. INVESTMENT PARAMETERS 1. Diversification. The City will diversify the investment portfolio to avoid incurring unreasonable risks, both credit and interest rate risk, inherent in over investing in speck instruments, individual financial institutions or maturities. Diversification Constraints on Total Holdings: ISSUER TYPE % of portfolio U.S. Treasury Obligations Up to 100% U.S. Government Agency Securities and Instrumentalities of Government Sponsored Corp. Up to 75% and 25% per issuer Bankers' Acceptances (BA's) Up to 25% and 15% per issuer Certificates of Deposit (CD) Up to 35% and 5% of deposits per institution Municipal Debt Up to 35% and 10% per issuer Corporate Debt (AA, Al, PI) Up to 25% and 5% per issuer State of Oregon Investment Pool Securities ORS Limit 294.810 The investment officers will routinely monitor the contents of the portfolio comparing the holdings to the markets, relative values of competing instruments, changes in credit quality, and City of Ashland Investment Policy Revised November 2009 Page 4 of 7 benchmarks. If there are advantageous transactions, the portfolio may be adjusted accordingly, but not to exceed % as stated. 2. Investment Maturities. The City will not directly invest in securities maturing more than three (3) years from the date of purchase. a. The maximum weighted maturity of the total portfolio shall not exceed 1.5 years. This maximum is established to limit the portfolio to excessive price change exposure. b. Liquidity funds will be held in the State Pool or in money market instruments maturing six months and shorter. The liquidity portfolio shall, at a minimum, represent six month budgeted outflow. c. Core funds will be the defined as the funds in excess of liquidity requirements. The investments in this portion of the portfolio will have maturities between 1 day and 5 years and will be only invested in high quality and liquid securities. Total Portfolio Maturity Constraints: Under 30 days 10% minimum Under 90 days 25% minimum Under 270 days 50% minimum Under 1 year 75% minimum Under 18 months 80% minimum Under 3 years 100% minimum Exception to 3 year maturity maximum: Reserve or Capital Improvement Project monies may be invested in securities exceeding three (3) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of the funds. Due to fluctuations in the aggregate surplus funds balance, maximum percentages for a particular issuer or investment type may be exceeded at a point in time subsequent to the purchase of a particular issuer or investment type may be exceeded. Securities do not need to be liquidated to realign the portfolio; however, consideration will be given to this matter when future reinvestments occur. VII. SAFEKEEPING, CUSTODY AND AUTHORIZED DEALERS 1. Safekeeping and Custody of Securities. The laws of the state and prudent treasury management require that all purchased securities be bought on a delivery versus payment basis and be held in safekeeping by the City, or the City's designated depository. All safekeeping arrangements shall be designated by the Investment Officer and shall list each specific security, rate, description, maturity, and cusip number. Each safekeeping receipt will clearly state that the security is held for the City or pledged to the City. In addition, repurchase requirements including Master Repurchase Agreements shall be in place prior to any business being conducted. 2. Authorized Financial Dealers. The Investment Officer shall maintain a list of all authorized brokers/dealers and financial institutions that are approved for investment purposes or investment dealings. Any firm is eligible to make an application to the City of Ashland and upon due consideration and approval will be added to the list. Additions and deletions to the list will be made at the discretion of the Investment Officer. To be eligible, a financial institution must meet at least one of the following three criteria: City of Ashland Investment Policy Revised November 2009 Page 5 of7 a. Be a primary dealer of the Federal Reserve Bank of New York; or b. Report voluntarily to the F.R. B. of New York; or c. Affirm that it has met the securities dealers' capital adequacy requirements of the F.R. B. of New York continuously for the preceding 12 months. At the request of the City of Ashland, the firms performing investment services shall provide their most recent financial statements or Consolidated Report of Conditions for review. Further, there should be in place, proof as to all the necessary credentials and licenses held by employees of the brokers/dealers who will have contact with the City of Ashland as specified by, but not necessarily limited to the Financial Industry Regulatory Authority (FINRA), Securities and Exchange Commission (SEC), etc. All dealers with whom the City transacts business will be provided a copy of this Investment Policy to ensure that they are familiar with the goals and objectives of the investment program. If the City hires an investment advisor to provide investment management services, the advisor is authorized to transact with its direct dealer relationships on behalf of the City. A list of approved dealers must be submitted to the Investment Officer prior to transacting business. 3. Competitive Transactions. The Investment Officer will obtain telephone, faxed or emailed quotes before purchasing or selling an investment. The Investment Officer will select the quote which best satisfies the investment objectives of the investment portfolio within the parameters of this policy. The Investment Officer will maintain a written record of each bidding process including the name and prices offered by each participating financial institution. The investment advisor must provide documentation of competitive pricing execution on each transaction. The advisor will retain documentation and provide upon request. VIII. CONTROLS 1. Accounting Method. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP). The accounting principles are those contained in the pronouncements of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB); the American Institute of Certified Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB). Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 2. Internal Controls. The City will maintain a structure of internal controls sufficient to assure the safekeeping and security of all investments. The Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program that are consistent with this investment policy. City of Ashland Investment Policy Revised November 2009 Page 6 of 7 Procedures will include reference to safekeeping, wire transfers; banking services contracts, and other investment related activities. The Investment Officer shall be responsible for all transactions undertaken. No officer or designee may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Investment Officer and approved by the Council. 3. External Controls. The City of Ashland may enter into contracts with external investment management firms on a non-discretionary basis. These services will apply to the investment of the City's short-term operating funds and capital funds including bond proceeds and bond reserve funds. If an investment advisor is hired, the advisor will comply with all requirements of this Investment Policy. The investment advisor will provide return comparisons of the portfolio to the benchmark on a monthly basis. Exceptions to the Investment Policy must be disclosed and agreed upon in writing by both parties. The Investment Officer remains the person ultimately responsible for the prudent management of the portfolio. Factors to be considered when hiring an investment advisory firm may include, but are not limited to: a. The firm's major business b. Ownership and organization of the firm c. The background and experience of key members of the firm, including the portfolio manager expected to be responsible for the City's account d. The size of the firm's assets base, and the portion of that base which would be made up by the City's portfolio if the firm were hired e. Management Fees f Cost Analysis of advisor g. Performance of the investment advisory firm, net of all fees, versus the Local Government Investment Pool or other benchmarks over a given period of time IX. PERFORMANCE EVALUATION AND REPORTING The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The city's investment strategy is active. Preservation of capital and maintenance of sufficient liquidity will be considered prior to attainment of market return performance. A market benchmark will be determined that is appropriate for longer term investments based on the City's risk and return profile. When comparing the performance of the City's portfolio, all fees and expenses involved with managing the portfolio shall be included in the computation of the portfolio's total rate of return. This would include any in-house management of the funds, as well as outside management. The Investment Officer shall prepare monthly and quarterly compliance summary reports that provide details of the investment portfolio, as well as transaction details for the reporting period. Details shall be sufficient to document conformity with the provisions of the statutes and this City of Ashland Investment Policy Revised November 2009 Page 7 of 7 investment policy and shall include a listing of individual securities held at the end of the period. All investments owned will be marked-to-market monthly by the City's third-party custodian. The performance (total return) of the City's portfolio will be measured against the performance of the Local Government Investment Pool (LGIP) and the yield of the 91-day U.S. Treasury Bill. X. INVESTMENT POLICY ADOPTION BY GOVERNING BODY This investment policy will be formally adopted by the City Council. The policy shall be reviewed on an annual basis by the Investment Officer and the City Council. Material revisions to this policy will require a review by the Oregon Short Term Fund Board, pursuant to current Oregon Revised Statutes. ViewArticle Page 1 oft Oregon State Treasury - Ted Wheeler OREGON STATE TREASURER NOME ABOUTTREASURY DIVISIONS REPORTS NEWSROOM CONTACT Press Releases Calendar Photos Newsroom - ViewArticle Oregon Investment Council News Media Contact Treasurer Ted Wheeler State Treasurer FOR IMMEDIATE RELEASE 10/03/2012 Oregon credit unions submit groundbreaking paperwork to accept and safely hold government funds New collatera/protection will allow credit unions to become public depositories on April SALEM - Five Oregon credit unions have submitted the required notice and paperwork with the Oregon State Treasury to allow them to accept and safely hold large government fund deposits. Then the Oregon Credit Union Public Funds Collateralization Program begins, pegged for April 1, 2013, it will give Oregon government entities additional options for deciding where to keep funds. Today in Oregon, only qualified banks can accept substantial public deposits beyond the Federal Deposit Insurance Corporation insured limit, which is now $250,000 per depositor. Banks protect public funds deposits above the insured threshold through a program that pools collateral posted by participating institutions. In the event of a bank failure, the state can recover public funds by selling this collateral. The Public Funds Collateralization Program for banks is administered by the State Treasury. Credit union deposits are currently limited to $250,000, the insured limit established by the National Credit Union Administration. Until now, unlike banks, they did not have an option to hold public funds beyond that level. Legislation passed in 2010 and clarified in 2011 allows the State Treasury to establish a collateralizaLion program to protect public deposits at credit unions. To trigger creation of that program, the law requires a minimum of five credit unions to file materials, Including written commitments from government entities to actually make sufficiently large deposits that would exceed the insurance protection level. The submitted pledge letters are from the cities of Portland, Beaverton, Corvallis, Independence, and Klamath Falls. http://www.oregon.gov/treasury/Newsroom/Pages/ViewArticle.aspx?pressReleaseID=38 12/31/2012 ViewArticle Page 2 of 2 "I want to thank community leaders, legislators and credit unions who have worked long and hard to create this new avenue for state and local deposits," said State Treasurer Ted Wheeler. "Oregon governments of all sizes now will have the ability to deposit public money in many of our fine community credit unions with the appropriate safeguards." The five initial participating credit unions are Unitus, Pacific Crest, OSU Federal Credit Union, OnPoint, and Advantis. The Northwest Credit Union Association says an additional five will participate when the program is operational next year. Those are MAPS CU, Northwest Community, Old West, Warns Federal Credit Union, and Oregon Community. Seven other credit unions helped supply startup funding (Mid Oregon, Valley, Northwest Preferred, Clackamas. Rogue, Rivermark, and Oregonians). "Credit unions are safe and sound harbors for government deposits. They are local and committed to their communities," said Troy Stang, President and CEO, Northwest Credit Union Association. "We wish to thank our credit unions and the Oregon Treasurer's office for working with the Northwest Credit Union Association to make it possible for public entities to have a choice to deposit their funds in local member-owned financial cooperatives." The amount of required collateral from each credit union will hinge on how much money each institution has in total deposits and outstanding loans. The minimum collateral requirement can range from 10 to 110 percent of uninsured public funds deposits, depending on the cap'.talization level of the credit union and the number of participating credit unions in the program. As adjure 30, there were 37 banks qualified as public fund depositories in Oregon and 29 of those held public funds, which totaled almost $1.4 billion. The funds are deposited by the gamut of governments, from state agencies to school districts to cities to water districts. The Oregon State Treasury protects public assets and saves Oregonians money through its investment, banking, and debt management functions. State investment policies are overseen by the Oregon Investment Council. The State Treasury also promotes public outreach and education to help Oregonians learn strategies to save money, invest for college and make smart financial choices. You can track Treasury-related news on Twitter at @OregonTreasury. Treasury Menu Connect With Treasury Home About Treasury Divisions Reports Oregon State Treasury ,Newsroom 900 Court Street, Room 159 Salem, OR 97301 Contact Office of Treasurer Wheeler: (503) 378-4329 Oregon.gcv Treasury Services (503) 378-4000 oregon.treasurer@state.ocus http://www.oregon.gov/treasury/Newsroom/Pages/V iewArticle.aspx?pressReleaseID=38 12/31/2012 CITY OF ASHLAND Council Communication January 15, 2013, Business Meeting Liquor License Application FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Jordan Mackay dba Oberon's Three-Penny Tavern at 45 N Main Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new 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). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: 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. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Jordan Mackay dba Oberon's Three-Penny Tavern at 45 N Main Street. ATTACHMENTS: None Page I of I PFFr, CITY OF ASHLAND Council Communication January 15, 2013, Business Meeting Resolution Adopting the Jackson County Multi-Jurisdictional Natural Hazard Mitigation Plan FROM: John Karns, Fire Chief, Ashland Fire & Rescue, kamsj@ashland.or.us SUMMARY Ashland Fire & Rescue presents a resolution adopting the new Jackson County Multi-Jurisdictional Natural Hazard Mitigation Plan (NHMP). BACKGROUND AND POLICY IMPLICATIONS: In cooperation with the University of Oregon and the Oregon Partnership for Disaster Resilience, the City of Ashland recently participated in the FEMA prescribed mitigation planning process to prepare the Jackson County Multi-Jurisdictional NHMP, which established a comprehensive, coordinated planning process to identify, eliminate or minimize vulnerabilities to the City. Previously, the City of Ashland was under a county-wide plan which didn't identify the hazard profile specific to Ashland. A steering committee led by Ashland Fire & Rescue was formed to establish action plans using the hazard profile specific for the City of Ashland. Southern Oregon University, Ashland Community Hospital, Ashland School District, the Ashland Chamber of Commerce, the Oregon Shakespeare Festival, Ashland City Administrator's office, Ashland Police Department, Ashland Community Development, Ashland Public Works, and Ashland CERT and Firewise programs participated in the committee. The committee submitted its action plans which became part of the overall NHMP. FEMA has given "pre-approval" to the Jackson County NHMP that contains the City of Ashland addendum. This signifies FEMA's intent to give final approval to the plan once the City of Ashland adopts it FISCAL IMPLICATIONS: None currently, however the adoption of this plan will make the City of Ashland eligible for future FEMA pre- and post-disaster mitigation grant programs. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the approval of the resolution and adoption of the NHMP. SUGGESTED MOTION: I move to approve the resolution adopting the Jackson County Multi-Jurisdictional Natural Hazard Mitigation Plan. ATTACHMENTS: • Resolution adopting the plan • NHMP Executive Summary • The entire NHMP can be viewed at httn://csc.uoregon.edu/opdr/current/jackson Page 1 of 1 11M6611 RESOLUTION NO. 2013- A RESOLUTION ADOPTING THE CITY OF ASHLAND'S REPRESENTATION IN THE UPDATES TO THE JACKSON COUNTY MULTI-JURISDICTIONAL NATURAL HAZARDS MITIGATION PLAN RECITALS: A. The City of Ashland recognizes the threat that natural hazards pose to people, property and infrastructure within our community; B. Undertaking hazard mitigation actions will reduce the potential for harm to people, property and infrastructure from future hazard occurrences; C. An adopted Natural Hazards Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; D. The City of Ashland has fully participated in the FEMA prescribed mitigation planning process to prepare the Jackson County, Multi-Jurisdictional Natural Hazard Mitigation Plan, which has established a comprehensive, coordinated planning process to eliminate or minimize these vulnerabilities; E. The City of Ashland has identified natural hazard risks and prioritized a number of proposed actions and programs needed to mitigate the vulnerabilities of the City of Ashland to the impacts of future disasters within the Jackson County, Multi-Jurisdictional Natural Hazard Mitigation Plan; F. These proposed projects and programs have been incorporated into the Jackson County, Multi-Jurisdictional Natural Hazard Mitigation Plan that has been prepared and promulgated for consideration and implementation by the cities of Jackson County; and G. The Oregon Office of Emergency Management and Federal Emergency Management Agency, Region X officials have reviewed the Jackson County, Multi-Jurisdictional Natural Hazard Mitigation Plan and pre-approved it (dated, December 3, 2012) contingent upon this official adoption of the participating governments and entities. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland adopts the Jackson County Multi-Jurisdictional Natural Hazards Mitigation Plan as an official plan. SECTION 2. The City of Ashland shall submit this Adoption Resolution to the Oregon Office of Emergency Management and Federal Emergency Management Agency, Region X officials to enable final approval of the Jackson County Multi-Jurisdictional Natural Hazards Mitigation Plan. Resolution No. 2013- Page 1 of 2 This resolution was duly PASSED and ADOPTED this day of January, 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of January, 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2013- Page 2 of 2 r sh r tc _ _ Jackson County Multi-Jurisdictional Natural Hazards Mitigation Plan Prepared for: Jackson County, Ashland, Eagle Point, Rogue River, Shady Cove 9 54" 1 t^'..-fJn z _ J a /J } a r ~1e,7 ~.r r. J~ . ..Yf 1~~~1r. 5-j ti 1 3• t 1J ~ :may " rt , © 2012, University of Oregon's Community SerVice:Genter P si Jackson County Multi-jurisdictional Natural Hazards Mitigation Plan Report for: Jackson County Ashland Eagle Point Rogue River Shady Cove Prepared by: University of Oregon's Community Service Center: Oregon Partnership for Disaster Resilience 1209 University of Oregon Eugene, Oregon 97403-1209 October 2012 PARTNEMMP'FOR O DISASTER RESILIENCE Community UNIVERSITY Service OF OREGON GSc.U01LLGiN.(1)W0r1)R Center. Special Thanks & Acknowledgements Jackson County developed this Multi-jurisdictional Natural Hazards Mitigation Plan (NHMP) through a regional partnership funded by the Federal Emergency Management Agency's Pre-Disaster Mitigation Competitive Grant Program. FEMA awarded the Jackson County grant to support the update of the natural hazards mitigation plan. The county's planning process utilized a four-phased planning process, plan templates and plan development support provided by the Oregon Partnership for Disaster Resilience (OPDR) at the University of Oregon's Community Service Center. This project would not have been possible without technical and in-kind staff support provided by Jackson County and the cities of Ashland, Eagle Point, Rogue River and Shady Cove. Partners include: Jackson County FEMA Region X City of Ashland City of Rogue River City of Eagle Point City of Shady Cove Oregon Military Department-Office of Emergency Management Community Service Center, Oregon Partnership for Disaster Resilience Project Steering Committee: Jackson County Representatives from the following organizations served as steering committee members for the Jackson County natural hazards mitigation planning process. Convener, Mike Curry Jackson County Emergency Manager Justin Bates Medford Fire and Rescue Neil Benson Jackson County Integrated Fire Plan Derek Bowker Phoenix Police Rod Countryman Jackson County Sheriff's Office Devin Hull Jacksonville Fire Department John Karns Ashland Fire and Rescue Mark Knox Talent Planning John Krawczyk City of Rogue River Mike Mattson Jackson County Development Services Ed Mayer Shady Cove Hector Meletich Ashland Police Mark Orndoff Jackson County Health and Human Services Tanya Phillips Jackson County Health and Human Services Mark Reagles City of Rogue River Jan Sanderson Taylor United Way of Jackson County Vern Thompson Eagle Point Police Department David Towe Jacksonville Police John Vial Jackson County Parks Jim Wolf Jackson County Integrated Fire Plan Ted Zuk Jackson County Code Enforcement City of Ashland Convener, John Karns Ashland Fire and Rescue Juli DiChiro Ashland School Superintendant Terri Eubanks Ashland CERT Coordinator Mike Faught Director Public Works Dana Fortmiller Ashland Chamber of Commerce Michael Grubbs Building Official Terry Holderness Ashland Police Department Dave Kanner Ashland City Administrator Alice Miles Ashland Community Hospital Bill Molnar Ashland Community Development Director Paul Nichols Oregon Shakespeare Festival Scott Resch Oregon Shakespeare Festival Stephen Ross Southern Oregon University Sandra Slattery Ashland Chamber of Commerce Ali True Ashland Firewise Communities Coordinator City of Eagle Point Convener, Vern Thompson Eagle Point Police Department Robert Miller Eagle Point Public Works Mike Upston Eagle Point Planning City of Rogue River Convener, Mark Reagles City Administrator Lois DeBenedetti Rogue River Planning Dave Ehrhardt Rogue River City Council John Krawczyk Rogue River Public Works City of Shady Cove Convener, Ed Mayer Shady Cove Emergency Management Danise Brakeman Shady Cove City Administrator Ron Holthusen Shady Cove Mayor Bob Miller Jackson County Fire District #4 Project Managers: Michael Howard, Program Specialist, Oregon Partnership for Disaster Resilience Michael Curry, Jackson County Emergency Manager Community Service Center Staff: Josh Bruce, Interim Director, Oregon Partnership for Disaster Resilience Julie Foster, Grants Administrator, Community Service Center Linda White, Office Coordinator, Community Service Center Geographic Information Systems (GIS) Maps: The contributions from Jackson County Information Technology were essential in illustrating the extent and potential losses associated with the natural hazards affecting the community. About the Community Service Center The Community Service Center (CSC), a research center affiliated with the Department of Planning, Public Polity, and Management at the University of Oregon, is an interdisciplinary organization that assists Oregon communities by providing planning and technical assistance to help solve local issues and improve the quality of life for Oregon residents. The role of the CSC is to link the skills, expertise, and innovation of higher education with the transportation, economic development, and environmental needs of communities and regions in the State of Oregon, thereby providing service to Oregon and learning opportunities to the students involved. About the Oregon Partnership for Disaster Resilience The Oregon Partnership for Disaster Resilience (OPDR) is a coalition of public, private, and professional organizations working collectively toward the mission of creating a disaster- resilient and sustainable state. Developed and coordinated by the Community Service Center at the University of Oregon, the OPDR employs a service-learning model to increase community capacity and enhance disaster safety and resilience statewide. Plan Template Disclaimer This Natural Hazards Mitigation Plan is based In part on a plan template developed by the Oregon Partnership for Disaster Resilience. The template is structured to address the requirements contained in 44 CFR 201.6; where language is applicable to communities throughout Oregon, OPDR encourages the use of standardized language. As part of this regional planning initiative, OPDR provided copies of the plan templates to communities for use in developing or updating their natural hazards mitigation plans. OPDR hereby authorizes the use of all content and language provided to Jackson County in the plan template. Jackson County Natural Hazards Mitigation Plan Table of Contents Volume I: Multi-jurisdictional Natural Hazards Mitigation Plan Executive Summary i Section 1: Introduction 1-1 Section 2: Risk Assessment 2-1 Section 3: Mission, Goals and Action Items 3-1 Section 4: Plan Implementation and Maintenance 4-1 Volume 11: Hazard Annexes Drought DR-1 Earthquake EQ-1 Flood FL-1 Landslide LS-1, Severe Winter Storm and Windstorm SW-1 Volcanic Eruption VE-1 Wildfire WF-1 Volume III: Mitigation Resources Appendix A: Action Item Forms A-1 Appendix B: Planning and Public Process B-1 Appendix C: Economic Analysis of Natural Hazard Mitigation Projects C-1 Appendix D: Community Profile D-1 Appendix E: Grant Programs and Resources .........................................E-1 Appendix F: Business Preparedness and Recovery ................................F-1 Executive Summary Jackson County developed this Multi-jurisdictional Natural Hazards Mitigation Plan (NHMP) in an effort to prepare for the long-term effects resulting from natural hazards. It is impossible to predict exactly when these hazards will occur, or the extent to which they will affect the community. However, with careful planning and collaboration among public agencies, private sector organizations, and citizens within the community, it is possible to create a resilient community that will benefit from long-term recovery planning efforts. The Federal Emergency Management Agency q4 CFR 201.6-The local mitigation plan is (FEMA) defines mitigation as the effort to the representation of the reduce loss of life and property by lessening the jurisdiction's commitment to impact of disasters through risk analysis, reduce risks from natural hazards, which results in information that provides a serving as a guide for decision makers as they commit resources foundation for mitigation activities that reduce to reducing the effects of natural risk." Said another way, natural hazard hazards.... mitigation is a method of permanently reducing or alleviating the losses of life, property, and injuries resulting from natural hazards through long and short-term strategies. Example strategies include policy changes, such as updated ordinances, projects, such as seismic retrofits to critical facilities; and education and outreach to targeted audiences, such as Spanish speaking residents or the elderly. Natural hazard mitigation is the responsibility of the "Whole Community" - individuals, private businesses and industries, state and local governments, and the federal government. Why Develop this Mitigation Plan? 44 CFR 201.6(a)(1)- A local government must have a mitigation plan In addition to establishing a comprehensive approved pursuant to this section community-level mitigation strategy, the in order to receive HMGP project Disaster Mitigation Act of 2000 (DMA2K) and the grants... regulations contained in 44 CFR 201 require that jurisdictions maintain an approved NHMP in order to receive federal funds for mitigation projects. Local and federal approval of this plan ensures that the county and listed cities will remain eligible for pre- and post-disaster mitigation project grants. Who Participated in Developing the Plan? The Jackson Multi-jurisdictional Natural Hazards Mitigation Plan (NHMP) is the result of a collaborative effort between the county, cities, special districts, citizens, public agencies, non-profit organizations, the private sector and regional organizations. A project steering Jackson County NHMP October 2012 Page i committee guided the plan development process. The project steering committee included representatives from the following 44 CFR 201.6(c)(1) - Documentation of the planning process used to develop organizations. the plan, including how it was prepared, who was involved in the • City of Ashland Fire and Rescue process, and how the public was • City of Eagle Point Police involved. • City of Jacksonville Police • City of Phoenix Police • City of Rogue River Administration and Planning • City of Shady Cove Administration and Emergency Management • City of Talent • City of Salem Fire Department • Jackson County Code Enforcement • Jackson County Integrated Fire Plan • Jackson County Development Services • Jackson County Emergency Management • Jackson County Health and Human Services • Jackson County Parks • Jackson County Sherriff's Office • United Way of Jackson County The Jackson County Emergency Manager convened the planning process and will take the lead in implementing, maintaining and updating the plan. Jackson County is dedicated to directly involving the public in the continual reviewing and updating of the natural hazards mitigation plan. Although members of the steering committee represent the public to some extent, the public will also have the opportunity to continue to provide feedback about the Plan. The county will ensure continued public involvement by posting the Jackson County Multi- jurisdictional Natural Hazard Mitigation Plan on the county's website. The plan will also be archived and posted on the University of Oregon Libraries' Scholar's Bank Digital Archive. How Does this Mitigation Plan Reduce Risk? 44 CFR 201.6(c)(2) -A Risk Assessment that provides the factual basis for The natural hazards mitigation plan is intended activities proposed in the strategy to assist Jackson County reduce the risk from natural hazards by identifying resources, information, and strategies for risk reduction. It is also intended to guide and coordinate mitigation activities throughout the county. A risk assessment consists of three phases: hazard identification, vulnerability assessment, and risk analysis, as illustrated in the following graphic. Page ii October 2012 Jackson County NHMP Figure i.l Understanding Risk MUSGS Understanding Risk nN[SItifNCE Natural Haze Vulnerable System Potential Catasirophlc s Ex osure. Senativity and fhro ic.Physical Events Risk t+ and Resilience oL •%staHU cote lnlrnals it I - •rfuweePebbd61.tY. ~f + y,Fnb'^Y •,SnCedyn10ri5H 1 I LlM1 Utl'dM OeMbpmenl a"liven'sdr + . -1 Disaster) • bbd,nuanl<dmrM,er<. Spolal~E lent t , . Ecazplem GOOtlsaM SHVRH 4 + Liss Ability Resources and Willingness to: . ~nilgale • PnpdM r~ ~ j-PeN•e~- Re<acl. t L Seurte VSGS-nregdn PortneAo o Oe AUaimeltr.wrACeLbbdrerimlW6 Source: Oregon Partnership for Disaster Resilience. By identifying and understanding the relationship between natural hazards, vulnerable systems, and existing capacity, Jackson County is better equipped to identify and implement actions aimed at reducing the overall risk to natural hazards. What is the County's Overall Risk to Hazards? Jackson County reviewed and updated their risk assessment to evaluate the probability of each hazard as well as the vulnerability of the community to that hazard. In addition, the cities of Ashland, Eagle Point, Rogue River and Shady Cove steering committees reviewed the recently updated Jackson County risk assessment to compare risk and vulnerability particular to their jurisdiction. Table 1.1 below summarizes hazard vulnerability and probability as determined by the steering committee. Table i.l: Risk Assessment Summary Hazard Probability Vulnerability IDrou¢ht Medium Medium Earthquake Medium High Flood High Medium Landslide High Low VolcanicEruption Low Low Wildfire High Medium SevereSWirnter,5t:ormyandE ndstorm •High High Source: Jackson County NHMP Steering Committee. 2012. Jackson County NHMP October 2012 Page iii What is the Plan's Mission? The mission of the Jackson County Multi-jurisdictional Natural Hazards Mitigation Plan is to: Reduce risk, prevent loss and protect life, property and the environment from natural hazard events through coordination and cooperation among public and private partners. What are the Plan Goals? 44 CFR 201.6fc1r311o-A description of The plan goals describe the overall direction that mitigation goals to reduce or avoid long-term vulnerabilities to the participating jurisdiction's agencies, the identified hazards. organizations, and citizens can take toward mitigating risk from natural hazards (listed below in order of priority). Goal 1: Emergency Services Goal Statements: Minimize life safety issues by promoting, strengthening and coordinating emergency response plans. Goal 2: Education and Outreach Goal Statement: Further the public's awareness and understanding of natural hazards and potential risk, including economic vulnerability and mitigation efforts. Goal 3: Prevention Goal Statement: Reduce the threat of loss of life and property from natural hazards by incorporating information on known hazards and providing incentives to make hazard mitigation planning a priority in land use policies and decisions, including plan implementation. Goal 4: Property Protection Goal Statement: Lessen impact from natural disaster on individual properties, businesses and public facilities by increasing awareness at the individual level and encouraging activities that can prevent damage and loss of life from natural hazards. Goal 5: Partnership and Coordination Goal Statements: • Identify mitigation or risk reduction measures that address multiple areas (i.e., environment, transportation, telecommunications; • Coordinate public/ private sector participation in planning and implementing mitigation projects throughout the county; and • Seek funding and resource partnerships for future mitigation efforts. Goal 6: Natural Resource Protection Goal Statement. Preserve and rehabilitate natural systems to serve natural hazard mitigation functions (i.e., floodplains, wetlands, watershed and urban interface areas). Page iv October 2012 Jackson County NHMP Goal 7: Structural Projects Goal Statement: When applicable, utilize structural mitigation activities to minimize risks associated with natural hazards. How are the Action Items Organized? 44 CFR 201.6(c)(3)(ii) -A section that identifies and analyzes a The action items are organized within an action comprehensive range of specific matrix (full descriptions are provided in Appendix mitigation actions... A, Action Item Forms and an abbreviated matrix list is located at the end of this section and within Section III), which lists all the multi-hazard and hazard-specific action items included in the mitigation plan. Data collection, research and the public participation process resulted in the development of the action items. The Action Item Matrix portrays the overall plan framework and identifies linkages between the plan goals, and actions. The matrix documents the title of each action along with, the coordinating organization, timeline, and the plan goals addressed. Action items particular to each of the participating cities are included at the end of the action item matrix. How will the plan be implemented? 44 CFR 2016(c)(3)(iii) -An action plan describing how the actions will The plan maintenance section of this plan details be prioritized, implemented and the formal process that will ensure that the administered... Jackson County NHMP remains an active and relevant document. The plan will be 44 CFR 201.6(c)(4) -A plan maintenance implemented, maintained and updated by a designated convener. The Jackson County Emergency Manager is the designated convener and is responsible for overseeing the annual review and implementation processes. The plan maintenance process includes a schedule for monitoring and evaluating the plan annually and producing a plan revision every five years. This section describes how the communities will integrate public participation throughout the plan maintenance process. - Plan Adoption Once the plan is locally reviewed and deemed 44 CFR 201.6(c)(5) -Documentation that complete the Plan Convener submits It to the the plan has been formally adopted by the governing body of State Hazard Mitigation Officer at Oregon the)urisdiction... Military Department - Office of Emergency Management (OEM). OEM reviews the plan and AA rra n, crai- or„"r", -i submits it to the Federal Emergency Management Agency (FEMA- Region X) for review. This review will address the federal criteria outlined in FEMA Interim Final Rule 44 CFR Part 201.6. Once the plan is pre-approved by FEMA, the county and cities formally adopt the plan via resolution. The Jackson County NHMP convener will be responsible for ensuring local adoption of the Jackson County NHMP and providing the support necessary to Jackson County NHMP October 2012 Page v ensure plan implementation. Once the resolution is executed at the local level and documentation is provided to FEMA, the plan is formally acknowledged by FEMA and the county (and participating cities) will re-establish eligibility for the Pre-Disaster Mitigation Grant Program, the Hazard Mitigation Grant Program funds, and the Flood Mitigation Assistance program funds. The accomplishment of the Natural Hazards Mitigation Plan goals and actions depends upon regular Steering Committee participation and adequate support from city leadership. Thorough familiarity with this Plan will result in the efficient and effective implementation of appropriate mitigation activities and a reduction in the risk and the potential for loss from future natural hazard events. Jackson County and the cities (Ashland, Eagle Point, Rogue River and Shady Cove) will review the plan annually in conjunction with the regular review of the County Emergency' Operations Plan. The steering committee met on three occasions December 9, 2011, April 25th and May 301h to review the plan update process. The City of Ashland met on three occasions May 29`h, June 12th and June 25th. The City of Eagle Point steering committee met on two occasions May 29th and July 20t'. The City of Rogue River steering committee met on one occasion, May 30th. The City of Shady Cove steering committee met on one occasion, May 29`h. The lacksomGounty'Boa~d of.Commisiione_[s;adoptedaheplon on;Nodember XX 2012: The:AshlandCity_Coun`cil adoptedthe plan~on ovember:XX; 2012: LL-9 ale Point City Council,adopted the plan'on November XX, 2012. 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E o E o E c E o g o E E o g 'a; a r 5 E 'c o 9 C °o E E u c E u E u E u C E E 9 LL e~ 4 5 OOt x ~5!! ` 5 ~ c e 5` i c 5 8 `0 5 8°x~ ~ EE _ $ Z E L' P :.E S~ E{$° z ~ ` ~ E I S= E E c E -r' c' a F° L C c~c aSoyy 5a o ° W 5'o°z6_oy g6 o„lQ~a~ ~L,° Y 6 r: E Z C Egg V E S $ C Z Z : E o w c O E E F< v r 8 v` v 8 2 9 o` ` N a 2 v r c o L o v e c e 8 t a~g~t Exy~f"a ~ 3 - ~ ~~~y3~y~:~€= zaa m 'V dE a„o<~~aS 8iu2~ 2~ a Z Z i ~1~ o`u8~ u<~ 7~< L`a x no O n E s~ r F E g E g F F g ~ 3 F N + E s ¢ ~ t G o c 9 ° C G c c c` a a E E E I C g E g € F g g F g c 'd s` a j. 8 E r e .E s e_ E C ° ~ ~ E d E ° ~ S`°'5gqE !q~s~s c g E °YY tg td ~ P" ~ ~ S E o c g ~ P 2 2 J _ S L °R g o 9' eteue .E po 5 u _ c L Ngz2 EE2 E E y fig! 2 z°~ X s 3z 2 7 i °c g g g W@X g s a F < F E f f I F F F F £ ~ m C 3 ~ M1.,~... i f o c0 a CITY OF ASHLAND Council Communication January 15, 2013, Business Meeting Conservation Division Vehicle Purchase FROM: Lee Tuneberg, Administrative Services Director, tuneberl@ashland.or.us SUMMARY The energy conservation program would like to secure authorization to purchase a new vehicle, anticipated and proposed to be a plug in hybrid electric (PHEV)', in the current 2012-13 fiscal year. BACKGROUND AND POLICY IMPLICATIONS: With the completion of the Water Master Plan and the hiring of the Water Conservation Specialist position this past spring, a variety of operational adjustments were made between the energy and water Conservation Division staff to accommodate work patterns, responsibilities and preferences. While most had little to no impact on the day to day operations, the previous arrangement of sharing two vehicles between the three Conservation Division staff has proven to have impacted the efficiency and effectiveness of the Division. For the past six to nine months, vehicle use has been allocated consistent with budget appropriations, with Water Conservation staff utilizing one vehicle (2003 Ford Ranger) and Energy Conservation staff using the other (2004 Ford Taurus wagon). While the two Energy Conservation staff have continued to attempt to maintain historical levels of service and response time, the challenge of coordinating one vehicle between the two of them has resulted in the increased use of personal vehicles, extension or delay in inspection/audit response and lost productivity due to required equipment transfers between the City vehicle and each of their personal vehicles. FISCAL IMPLICATIONS: The estimated cost is between $25,000 and $40,000 depending on a variety of factors including state bid vehicle availability, mileage range requirements, storage needs, etc. On initial research and review, the Ford C-Max EV, Chevrolet Volt and Toyota Prins EV appear, in that order, to provide the best combination of price, inventory availability within the Oregon State bid providers and all list comparable storage capacity for required audit/inspection equipment. As of this current fiscal year, the division has $20,880 accumulated for replacing a Ford Taurus and also received budget approval in the current fiscal year for an extra $5,000 to pursue an alternative fuel when possible. Replacement and upgrading the Ford Taurus was expected in FY 2013-2014. Upgrading will cost more which is why the division budgeted higher contributions. The Equipment Fund will not purchase See Replacement Options Chart on page 2 Page 1 of 2 Or, CITY OF ASHLAND all vehicles scheduled for replacement this year due to timing of bids and delivery schedules for key purchases so sufficient appropriations would be available to purchase this vehicle. The purchase would use all of the Taurus accumulated monies and the division would reimburse the shortfall and continue paying elevated amounts for the Taurus' eventual replacement a few years later than planned. In addition to the incremental increase in air quality and increased public relations and exposure for alternative vehicle use, this purchase will be cost effective, saving on fuel purchases and removing the need for technicians to drive their own cars and be reimbursed. Supporting this change and the needs of a PHEV is the City qualifying to receive the Chargepoint Network's Jumpstart program's level two EV charging station at the Service Center by the end of January 2013. The City's cost will be limited to the electrical connection of the unit to the already existing service panel. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the approval of the addition of the City's first PHEV to its fleet and feels that it is an excellent fit for the energy conservation program, both in terms of vehicle operational usage patterns (primarily in-town driving under 20 miles per day) and in education and exposure, supporting the program's overall mission and objectives. Also, allocating a vehicle to each of the three resource specialists of the Conservation Division would return, and likely surpass, previous levels of efficiency in scheduling/completing inspections, audits and other field work essential in meeting the needs and expectations of program customers. SUGGESTED MOTION: I move to authorize the use of existing Equipment Fund appropriations to purchase a new alternative fuel vehicle to be assigned to the Conservation Division. ATTACHMENTS: Energy Conservation Program Vehicle Purchase Options AINKM"~waKqWe - `«m :.Fuel Type MPG. EV mileage E'iRange ; Est price Ford C-Max Hybrid 47 - 25,000 Ford C-Max EV Hybrid/EV 47 99+ 20 26,000 Toyota Prius - V Hybrid 44 - - 27,000 Mitsubishi i-MiEV EV - 99+ 62 30,000 Chevrolet Volt Hybrid/EV 40 98 38 32,000 Toyota Prius EV Hybrid/EV 50 99+ 62 32,000 Nissan Leaf EV - 106 73 38,100 Ford Focus EV EV 99+ 80 40,000 Ford Transit Connect * EV 99+ 80 60,000 • Currently aftermarket product only, production vehicle in 2013 or 2014 Page 2 of 2 ~r, CITY OF ASHLAND Council Communication January 15, 2013, Business Meeting Award of a Construction Contract to the Apparent Low Bidder for the Ashland Plaza Reconstruction FROM: Scott A. Fleury, Engineering Services Manager, Public Works Department, fleurys@ashland.or.us SUMMARY On January 10, 2013 at 1:30 p.m. bids submitted for the Ashland Plaza Reconstruction were opened and publicly read. Bids were received from ten local excavation contractors with Ausland Group providing the low bid. BACKGROUND AND POLICY IMPLICATIONS: Bidding Procedure: The Plaza Reconstruction Project was publicly bid on December 20, 2012. Project plans and specifications were sent to several plan review centers and were included on the City's website. A non-mandatory pre-bid meeting was held on January 3, 2013 to answer contractor's specific questions. Twelve contractors were present for the meeting. Bids were opened on January 10, 2013, at 1:30 p.m. with ten contractors responding with bids. Nine of the ten bids were valid and contained the required bonds, documentation, and acknowledgements. Bidding information is shown on the attached proposed summary. Proiect Description: At the August 21, 2012 Business meeting the City Council approved the conceptual plaza design created by CoveyPardee. After approval of the conceptual design the City contracted with Covey Pardee to create the final construction plans and specifications for the plaza redesign. The final design plans include; the specific materials and colors for the permeable pavers; seat walls; benches along with the planting plan of trees; shrubs; and groundcover. In developing final plans, CoveyPardee worked closely with staff and the Public Arts Commission to incorporate a public art component. The public art element consists of a ceramic frieze on the face of concrete seat walls. The public art element was approved by the City Council at the December 4, regular business meeting. During the process staff and CoveyPardee met numerous times to discuss the final plans and construction coordination. A final meeting to discuss the 90% construction plans, specifications and coordination was held December 10. A large portion of the project will consist of the coordination of City crews to complete all necessary work prior to a contractor laying pavers and constructing seat walls. City crews will remove the existing concrete, relocate existing utilities, and install new electrical conduit for the plaza lights. Page I of 2 CITY OF ASHLAND Construction Phasing City crews will also remove all existing concrete and install new electric utility conduit that will supply power to the new Sternberg light fixtures and tree up lights. City staff expects the contractor to start laying pavers and performing all concrete improvements in late January, with the project to be substantially complete in late March. Site Survey The City has conducted a cultural resources site survey of the plaza. The State Historic Preservation Office (SHPO) has requested a site survey be conducted due to the fact that the Plaza and surrounding area was a known former site of the Shasta Indians. Jeff LaLande a local archaeologist with the assistance of City crews has excavated numerous locations on the plaza in order to verify the presence or absence of culturally significant items. Jeff LaLande has created a draft version of the final report that was sent to SHPO for review in order to obtain approval for the site work to continue prior to finalizing the report. SHPO has reviewed the draft version of the report and approved site work to continue in conjunction with the archaeologist recommendations for excavation levels and associated site monitoring during construction activities. FISCAL IMPLICATIONS: The plaza redesign project is being funded through the Transient Occupancy Tax (TOT), which are monies in a restricted fund balance for City capital projects. Related City Policies: AMC Section 2.50 requires that the Council, acting as the contract review board, approve all material and services contracts in excess of $100,000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council accept the bid and authorize the award of contract to Ausland Group in the amount of $139,700 for the Ashland Plaza Reconstruction. Reasons for acceptance include: 1. The bid is the lowest of ten received 2. The bid is a valid legal bid containing all necessary information and bond 3. A re-bid of the project would result in additional costs encumbered by the City and possibly higher bid results SUGGESTED MOTION: Move to approve the bid and award of contract to Ausland Group in the amount of $139,700 for Ashland Plaza Reconstruction. ATTACHMENTS: 1. Bid schedule from Ausland Group 2. Summary of bids Page 2 of 2 ~r, City of Ashland, Oregon PROPOSAL AND DID SCHEDUu, TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR Tilt CONSTRUCTION OF THIS PROJECT FOR THE CITY OT ASHLAND, JACKSON COUNT], OREGON, AS STATED. IN THE COMPLETED 131D SCHEDULE,. ALL IN ACCORDANCE WITH THE. CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND-DRANV]NGS WHICH ARE ON FILE XT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. NAMCOtMDDEW AUSLAND;BUILDERS;ING INC!%,td04APSLAND GROUP CONTACT :?:.AARON AUSLAND; 2': 'yzl; ADDRESS 3935 HIGHLAND_AVEi CITY.'{GRANMPASS . STATE ORe.,, -.Ln'aZIP97526i: TELEPHONE NO. 541/4763788 ~rsij~^.;,ie~~?;, rAa NO ~,'::541/4762313 EMA 41A)RESS -.AAUSLAND@AUSLANO.GROUPCOM To flit Honorable Mayor and City Council City Hall City of Ashland 20 East Main Street Ashland, Oregon 97520 In response to competitive bidding, this PROPOSAL is submitted as no offer by the undersigned to enter into a contract with the City of Ashland far fundsh ing all permits, labor, tools, mnchincry, materials, h•mispuffation, equipment and services of all kinds )-chaired for, necessary for, or reasonable incidental to, the construction of tine Tire P111211 In Downtown Ashlmtd (hereinafter "Project") far the City of Ashland, Oregon, as shown In lice contract documents:on file at City Community Development Building, Which are n condition of this Offer as though they were attached. This offer issubject to the following declarations as to (lie acts, intentions and alderstandhngs of the undersigned and the agreement of the City of Ashland to the terms anti prices. herein submitted. 1. The underrsigned has familiarized themselves wlth this nature and cytenit of the Contract Documents, project walk, site, locality, general nature of work to be performed by City or others at Ihe:site that relates to the project worlu required by fire ContrnctlDocnments, local conditions, and federal state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnisbing of the project Work. 2. 'fire undersigned has obtained and carefully studied (or assumes responsibility tot- obtaining and carefully studying) esaudnations, investigation, exploration, tests, and studies which pertain to the conditions (subsurrace or physi6l) at or contiguous to tine site or othenvlse and which may affect flit cost, progress, performance, or furnishing of the projeet work as Contractor deems necessary for the performance and furnishing of the project work at. the Contract Price, wilhln the Contract Times, and in accordance with the other terms and conditions of the Contract Documents; and no CityofAshland - - 10 122012012 additional or Supplementary examinations, investigations, explorations, tests, repmisi at, similar information or drain arc m•will be required by Contractor for such purposes. 3. It is understood that the City shall Investigate and determine file qualifications of the. apparent low responsive bidden prior to awarding the contract. The City shall rejcct'nny bid by a nonqualified or disqualified' bidder. 'file City of Ashlatd,rese•ves-thei fight to reject for any good cause any or all bids, waive formalities, or to accept nay bid which appears to serve the best interests of fire City. Thc. City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may rejechall bids for good cause upon a finding that it Is In the public interest to do so. wnlna6011 of bids will be based on tainimum requirements established by tine Specifications Rod conitplianee with conditions of the Notice to Contractors and Invitation to Bid, and compliance will City, public contracting rules. Addltioml evaluation criteria nre as follows: None. 4. The deadline to file it Written protest or request, pursuant to Instruction to Bidders to change, contract terns, conditions o' specificntions is not less than ten i Calendar days•prio• to bid opening. Bit] closing maybe extended by the City to consider n protest or request. 5. All of file Contract documents, including ail plans, specifications, used drawings lime been examined and an examination of the site of the proposed worth Together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicifatimn documents are hereby accepted; and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregoin, in a form substantially similar to that attached Agreement and agree to tie bound to the lentils and conditions of said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, If they are not in conflict with those referred to in paragraph 1 above, they shall have the same force laid effect -as.though they were i attached and they, shall be accepted as part of the contract when issued.. 7. The undersigned ngrees that upon written acceptance of this bid s/he will, within On wogking guys, of receipt of inch notice, execute a formal contract agreement with the City. The undersigned further agrees that S/he will provide the following lit order to execute the contract: Performance Bond and Corporate Suety Payment Bond, both h1 the eallomnt equal to 100% of the awarded contract; Certificates of psur•ance for Liability and property domage coverage; Certificates of Covelwo for Workalan Compensation and unemployment insurance; All other bonds, permits, licenses, etc. as required In the contract documents. 6. The tenoning base bid of fl'Nt_-,kev+v9% ~++`a.iDollnrs ) 37! y6L 461 - is proposed for this project as described In the Contract Documents. 7. All items in tfre Bid Schedule Imve been completed in fall by showing a unit m- lump sum price or prices fat, each and every item thercoC The price per item shall be clearly shorn in the space provided. The pricing shall be extended to show tile total when required. 8. It is understood that all the work will be performed under a lump sum or unit price bnsls and that for the ]until suits or unit price all services, materials, labor, equipment, and all work necessary to complete the project lie nccordnnce with the plans and specifications shall be furnished for the said lump ' sum or unit price named. It is understood that the quantities stated its cotsuectiou with the price schedule for the conh'actare:appioxiitfnte only and payment shall be made at the unit price's harried for i the actual quantilies.incorporated in the completed work. If there shall be an increase its the amount of work covered by Ifng lump sum price, it shall be completed on a basis of "extra work" for which an increase. in payment.wlil have been earned and if there be a deelrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is City of Ashland 11 12/20/2012 understood that any estimate with respect to tlue, materials, equipment, m• service which amy appear oil the plans or in the specifications is for the sole purpose of assisting file undersigned in checking the undersigned's otim independent calculatirmwaud flint at no time shall the undersigned attempt to hold file Owner, the Engineer,, or any other person, firm or corporation responsible for Rely moors or omisslous flint may appenr ht any estimate.- - 9. The undersigned submits file unit prices as those at which lie will perform the work involved. The extensions of the column headed "ITEOI TOTAL" are made fne• the sole purpose of fncllitatiug kid comparisons and if theme are any discrepmhcies between the unit prices and the total amount shown, the unit prices silall govern. 10. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kluds required tor, necessary for, at, reasonably incidental to, construction of tills Project with nil appurtenant was 'it as required by the plaits and specifications of this Offer for the unit or lump sum prices lit flee "DID SCHEDULE". it. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material, item or service required by the plans and specifications has not been mentioned specifically fit the "DID SCHEDULE", file same shall be furnished and placed wile the understanding that fhe.full cost to the City has been merged wide the several prices stated lit the "BlDiSCHEDULE." 12. The City reserves the right to reject any and all bids, waive frernmiities, or accept any bid which appears to serve the best Interests of the CI lly fn accbrdmece wish ORS 279D.100. The City reserves the right to reject tiny and all bids, waive formaifties, or accept ally bid which oppeo's to serve the best interests of the City in accordance w•illh ORS 27911:100, 13. The foregoing prices shall include.nll labor, nmlcrials, equipment, overhead, profit, Insurance, null nit other incidental expenses to cover the finished work of the. several kinds called for. Unit prices are to be shown In both words and figures, In case of discrepancy, the amounts shorn lie words will gavel it. 14. Upon receipt of written notice or the acceptance of this bid, Bidder shall execute file formal eontinct iiftnched within fen days, deliver surely bond or bonds as required, need deliver required proof of insurance. The bid security attached in the sum of five percent of file total ptice.for• file bid or -combinallon of bids is to become the property orthe.Orvner to the event the contract and bond are not executed within the tittle above set fm•th as liquidated dauages for Ilse delay lend additional expense to the Owner caused thereby. I5. If the proposed hid price will exceed $50,000.0 the undersigned, as bidder, aclmowledges that provisions of ORS 279C.800 279C.870 relating to 1vorke•s on public works to be paid not less than prevailing rate of wage shall be Included In the contract, or In the alternative, if the project is to be funded with federal fluids :need is subject to the Davis-Bacon Act (40 I13.42, §276a) bidder agrees to comply with the Davis-Bacon Act reipih•emeins "'Prevailing Wage Rates tot- public W01-h3 Cellh•aCS In Oregon,"wbteh are Incorporated he•em byrefor•ence, and can be accessed at: htfp://tvsvw.o egon.gov/BOGI/NHDIPNR/prvr_hook.slhtml 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, Stale of Oregon need the city or Ashland which nee pertinent to constracfiorr contracts of this nature even though such lays may not have been quoted or referred to ht file specifications. 17. Accompanying this Offer is a certified check, cashier's cheek or 6 bid bond, for the sum of 1160j000-1 ? , pnyhble to the City of Ashland, Oregon, tl»s being net amount for ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the City of Ashland 12 12120/2012 conditions of the advertisement. If this Offer is accepted by tine City and the undersigned fails to execute a satisfactory contract and bonds as staked In the Advertisement within ten (10) working days from the date of notification, then the City may, at its option, determine that the undersigned has nimindrined tile contract and there upon this Offer shall be considered null and void, old the bid security accompanying this Offer shall be forfeited to lend become the property of the City of Ashland. If the bid is not accepted, the bill security accompanying this Offer shall be returned to the undersigned. 18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevniling Wage law. The undersigned, as Milder, acknowledges that provisions of ORS 279C.800 - 279C.870 relating to workers on public works to be paid not less titan prevailing rate of wage shall be Include(] in the contract, or in the alternative, if the project is to be funded with federal funds lead is subject to the Davis-Enos Act (40 U.S.C. §276x), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contactor agrees to be bound by and will comply with tlse provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(l)(a)(J)). 19. The undersigned certifies flint the undersigned Contractor is not ineligible to receive a contract for m public work pursuant to OAS 279C.860. Bidder further agrees, if awarded a contract, flint every subcontractor will be eligible to receive n contact for n public work pursuant to ORS 279C.860. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women o• emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges tint It may be disqualified front bidding an this public improvement project as set forth in OAR 137-049-0370, including but not Ilaltcd to City discovery a misrepresentation or sham regarding a subcontract or flint the Bidder has violated any requirement of ORS 279A.110 0- the administrative rules implementing the Statute. 21. The undersigned agrees flint the time of completion shall be defined in the specifications, and further, the undersigned agrees to lnitiate and complete this Project by tine date stated below. • The work shall be commenced within 5 working days after receipt of the written Notice to Proceed. • Tine work shall be completed in all respects within 50 calendar days following issuance of the Notice to Proceed and shall be completed no Inter than March 22, 2012. • Tile undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been Issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the 1nlauutS shown in Standard Conditions, for each tiny the project remains Incomplete. 22. The undersigned bidder is registered with the Oregon Construction Contractor Board (CCB), fine registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0230(1)1 Biddle- understands that failure to have a current CCB license shall result in rejection of tlls bid. 23. 't'he undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, file license is current and valid, and the bidder's registration number is stated below. [OAR 137- 049-0200(i)(a)(K)j Bidder understands that failure to have a current LCB license shall result In rejection of this bid. 24. Bn determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on tine bid of a non-resident bidder equal to the percent, if any, of tine preference given fo that bidder fn the state hn which (lie bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes o• Income taxes In tills stlefe CityofAsithad 13 17/20012 during the 12 calendar months immediately, preceding submission of the bid, has a business address In this state and has stated fn the bill dull the bidder is a "resident bidder" of the State of Oregon. The undersigned represents bli n/her self lit this bill to be either a Reshlent ar a Nonresident bidder by completing the appropriate bleep below. • The Bidder is x or is not a resident Bidder as defined in ORS 279A.120. 25. Tile undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland fs personally Interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral or fn writing, or file City,. its Councilors, Commissioners, officers, agents or employees laid induced Idm/he• to enter into this Contract, and file papers made a part of its terns; 26.. The undersigned has not directly or indirectly Induced at- solicited any pet*sgn to subndl a false 01' shunt bid m• refrain from bidding. The undersigned ce7ifes that this bid (hiss been arrived at Independently laid sul nkled without connection with ml), person, firm or Corporation nuking n bill for the same material and is, in all respeels, tali, and without collusion or fraud 27. Tile undersigned confirms that this firm [ins a Qualified Drug Testing Program for employees in place and will demonstrate this prior to mvord of contract. iOAR437-1139r0200(1)(c)(B)) 28. The undersigned co f rms that if this cunlract involves asbestos abatement or removal, the Iidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated In fills contact. 29, The City of Ashland may waive minor fnforitni ltics,reject any bid not in compliance' with all prescribed public bidding procedures and requirements, and may reject for good cause auy'or 'nil bids upon a finding that it is iu the public interest to do so. 30. The undersigned confirms that this offer Is not contingent upon City's neceptonce of any terms and conilitinins other than those contained in fire Solicitation and Contract documents, 31. The bidder understands that the City reserves the right to matte changes to the Notice to Contractors I Invitation to Bid and file resulting contract by written addenda-, prior to the closing time and date. Tim City will not innil notice of addenda but slmll publish notice of any addenda on City's website and post the notice of addenda at Continually Development: www.nshlaud.onus The addenda may be downloaded or picked mp at Community Development, 51 R'inburn Way, Ashland, Oregon. Tile bidder must cbech the website and Cuminunity Development bulletin board frequently until closing. The bidder aclmevledges that the Addendum(s) lisle(. below have licen,revtewed:onll a or u copy obtained and conside'edus part of the subpifflal of this Offer and BId Schedule. ADDENDUM NUMBER 6%THROUGH ; ie) HAVE BEEN REVIEWED 32. The bidder understands that. the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bill: OAR 137-049-0200(I)(h)(C). Whether a bidder is responsible will be I Kited by ORS 279C.375 and the City's completion of the attached Bidder Responsibility'Determination Form. 33. Instructions for Fist-Tier Subcontractor Disclosure. Bidders arc required to disclose information about certain first-Ater subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 .(see ORS 279C.370). Specifically, when the contract amount of a firstdier subcontractor is greater than or equal to: (1) 5% of the project bid, but it least $15,000, or (u) $,350,000 CityofAshland 14 1712012012 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: • The subcontractor's name and address; • The subcontractor's Construction Contractor Board registration number, if one is required, and; • The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required) to Indicate '!NONE" on the form: Failure to submit this form by the disclosure deadline will result In a non-responsive bill. .A non-responsive bid will not be eousidered for award. THE CITY MAY REJECT A BID IF THE BIDDER TARS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE_ RESPONSIBMITY OF BIDDERS TO SUBMIT_'f11IS DISCLOSURE FOR A D ANY ADDITIONAL SHEETS BY TAE DEADLINE. SEE INSTRUCTIONS TO III DE `The disclosure should be submitted on the Fir -Tier Snbcoiih• Y i,iselosurp Form nt aclretl dthis Invitalimt to Bid. 34. Bidder lnformutioa and Signature AUSLAND BUILDERS INC.; dba AUSLANO GROUP Firm Nmie of Bidder 4ON f Bidder AUSLAND Pr inted Name of Bidder PRESIDENT Of icinl Title OREGON 65-1292437 State of lacorporation CCB Number Dated this 10TH day of JANUARY 2013. Name of Bidder AUSLAND'BUILDERS INC., dba:AUSLAND GROUP Address 3935 HIGHLAND AVENUE, GRANTS PASS OR 97526 Telephone No. 541/476-3788 City of Ashland 15. 12=012 The Plaza In Downtown Ashland Proiect No. 2012-15 LX SPC F. C. DESCRIPTION OI,Y•. UNIT AMOUNT F, BASF. RID 1 00305 n Ir ction Surve, Work I LS 4-0 6 cG 1. 01 56 39 Temporary Tree Protection 031000 Concrete Forming&Accessorics 30 2000 Concrete Reinforcing 03 00 00 Cast-in-Place Concrete 321313 Concrete Paving I LSo 2 03 45 00 Precast Concrete I LS $ 2 G 5 12 93 00 Site Purnislwlps 1 1_S I ~ ~ C9 G' V 4 312000 Exrlh Moving t L~ $ S c'2 p(j 1 32 14 13 Precast Concrete Unit Pavers I LS ~ 7-1 & s 32 E4 24 r i at' 1 1 `l Q 2 329113 Soil Pre nrn anon t U I 10 329300 I in 1 LS $ 3 ZI Ci'.-`- ALTERNATES 1 l - Electrical (Tree UP-L iphlinel 1 LS I OVERALL BID TOTAL j pD cityurAshlana 16 1220/1012 'No m 40 99 ri vo .0A Ei en eq fq ZtE Ci tc 0 010 0 =l-d Jqll Ln P. P. M Z lz N O ,Y ~ D v O A .p ~ a 0 E p ~ V a d n 1 ~ V 4 ~ a °o a el ' ~i L a ~ n ~v 16 io - r.2 Q~ ~ a C% ~ oa' 2a N ~ ~ O . gypp. x a a. ° ~ NI ~ C cvl ~ ~ n " ~J ~ Ip O d V QI N 7 J ~ w Cp O b ,b H iz Pa w U U O y¢., O y Cam. a C. O 5 q) 0 O G CITY OF ASHLAND Council Communication January 15, 2013, Business Meeting Results of Citizen Survey FROM: Ann Seltzer, Management Analyst, seltzera@ashland.or.us SUMMARY This is a report on the results of the Ashland Citizen Survey conducted in October 2012 using the National Citizen Survey developed by the National Research Center, Inc. and the International City Management Association. BACKGROUND AND POLICY IMPLICATIONS: In October, postcards were mailed to 1,200 randomly selected Ashland households announcing that a survey will follow. The survey was mailed a week later and was followed by a "reminder" letter one week after that. A total of 458 completed surveys were returned resulting in a margin of error plus or minus 5%. This means if 60% of survey respondents report that a particular service is "excellent" or "good", somewhere between 55-65% of all residents are likely to feel that same way (pages 2 and 3). The survey results are weighted, a "best practice" in survey research, to provide as accurate a picture as possible of the overall population. Typically, certain population groups (senior and homeowners) tend to respond more often to surveys, while other population groups (renters and single males) tend to respond less often. For example, 15% of Ashland's population is male between the ages of 18 and 34 (2010 census) and of this group just 3% responded. Software using mathematical algorithms is used to calculate the appropriate weights for each population segment. In this case, the weighting of Ashland males between 18 and 34 brought the response rate up to 10%, a much closer representation of the actual population base of that group. Because of weighting, the results better reflect the sentiments of Ashland's overall population and give a much broader picture than from just the groups that typically respond to surveys (pages 94 and 95). The National Citizen Survey maintains a database of approximately 500 jurisdictions whose residents evaluated local government services and gave their opinion about the quality of community life. The City of Ashland chose to have its survey results compared to the national database and to a subset of university communities with populations between 10,000 and 40,000. Comparisons to this database and the subset establish Ashland's benchmarks (pages 97 and 98). Detailed comparisons are included in the Benchmark Report which includes the list of jurisdictions included in the national benchmark comparisons, (page 13) and the list of university communities' benchmark comparisons (page 27). A variety of characteristics of Ashland was evaluated by those participating in the study. Ratings of community characteristics were compared to the Benchmark database. Of the 31 characteristics for which comparisons were available, 22 were above the national benchmark comparison, three were similar to the national benchmarks and six were below including, shopping opportunities, availability Page 1 of 3 P`, i CITY OF ASHLAND of affordable quality health care, variety of housing options, employment opportunities, amount of public parking and availability of affordable quality housing. Respondents also evaluated services available in Ashland. Of the 38 services for which comparisons were available, 27 were above the national benchmark comparison, seven were similar to the national benchmark comparison and four were below including street lighting, animal control, economic development and services to low income people. Custom Questions The City of Ashland chose to add the three following custom questions to the survey (seepages 56 and 57 for responses). • 41 Please indicate how important, if at all, each of the following projects and issues are for the City to address. • #2 The City does not currently assess the maximum property tax rate allowed under state law. To what extent do you support increasing the current property tax rate by nine cents per $1000 assessed property value to maintain City services and current service levels? • #3 Which of the following statements about affordable housing options in Ashland best matches your view? Open ended question The City of Ashland chose to include the following open ended question in the survey (see Open_ ended Question Report for responses). • If you could change one thing about the City of Ashland what would it be? Staff Comments The results of the citizen survey are extremely favorable. Citizens are happy with city services and city employees. They love their community, they feel safe in Ashland and they value the city services for which they pay taxes. While the results of the survey are extremely positive, there are some topics that that could be explored further. Survey results establish trends and help to inform staff and elected officials of how city government is doing over time. The results provide a "voice" to Ashland citizens that neither city staff nor the City Council may otherwise hear. If a downward trend develops, staff can evaluate why and consider responsive actions. Significant downward trends or consistent "low scores" can serve to raise policy questions for council to consider. After review and consideration of the policy questions, the Council may then determine that the "low scores" are not a cause for concern or that policy needs to be implemented to raise the "low scores." Here are some sample policy questions based on the current survey results Council may want to consider in the future. 1) Do we have the right balance between parking needs, active transportation, meeting the commercial needs of businesses and encouraging density? [Available public parking ranked much below" the benchmark comparisons.] Page 2 of 3 rMha, CITY OF ASHLAND 2) Is the City currently playing an appropriate role for providing services for low-income people? Are social services a core function of municipal government? [Services for low-income ranked "much below" the benchmark comparisons.] 3) Do we have an appropriate balance between the interests in encouraging affordable housing and maintaining citizens' current property values? [Affordable quality housing ranked "much below" the benchmark comparisons.] 4) Do we have the right balance in encouraging economic development and regulating commerce to ensure our land us and environmental goals are met? [Economic development ranked "much below" the benchmark comparisons.] FISCAL IMPLICATIONS: The total cost of this survey was $16,000 which is included in the current budget. $10,300 Basic Survey $5,700 Additional costs include demographic subgroup comparisons, custom benchmarks (university communities), one open-ended questions and online web survey (non-scientific). STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: 1. Citizen Survey Report 2. Benchmark Report 3. Demographic Subgroup Report 4. Open Ended Question Report 5. On-line Survey (non-scientific) Report Page 3 of 3 W`,