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HomeMy WebLinkAbout2013-0219 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 to 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 611 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 February 19, 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.j 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Special Meeting of February 2, 2013 2. Study Session of February 4, 2013 3. Executive Session of February 4, 2013 4. Business Meeting of February 5, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation thanking Frank D'Entremont for his many years of service VII. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Liquor License application for Warren Anderson dbs Ashland Texico 3. Liquor License application for Rajan Kumaran dba Tudor Guild, Inc. 4. Liquor License application for Brandon Overstreet dba Swing Tree Brewing Co. 5. Liquor License application for Michael Ulizzi dba Club 66 6. Approval of special procurement for boundary survey work on Calle Guanajuato 7. Approval of a special procurement for phase #2 of the Calle Guanajuato COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US resurfacing project 8. Adoption of a funding agreement between the City of Ashland and the Oregon Department of Forestry 9. Award of a public contract for a risk management advisor 10.Approval of a contract amendment with Liquivision Technology 11.Approval of the Mayor's appointment of Krista Hepford to the Public Arts Commission 12. Consent to Legal Representation by David Lohman on Mt. Ashland Ski Area Matters 13.Approval of a special procurement for helicopter forest thinning for the City of Ashland's Winburn property 14. Approval of a special procurement for helicopter forest thinning for the Ashland Forest Resiliency Project VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050}) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS 1. Update from the ad hoc Steering Committee on Homelessness 2. Fiscal Year 2012 - 13 second quarter financial report: October - December 2012 3. Consideration of a letter of intent between Ashland Community Hospital, Asante Health Systems, the City of Ashland, and the Ashland Community Hospital foundation 4. Appointment to the Budget Committee XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. 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, and repealing Resolution No. 2013-01" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrators 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 1). ASHLAND CITY COUNCIL MEETING February 2, 2013 Page 1 oft MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL February 2, 2013 Siskiyou Room 51 Winburn Way CALL TO ORDER Mayor Stromberg called the meeting to order at 9:00 a.m. in the Siskiyou Room, at 51 Winburn Way. ROLL CALL City Administrator Kanner, Councilors Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh, and two members of the public were present. City Administrator Kanner led the group in a brainstorming session to create draft goals as follows: PUBLIC SAFETY GOAL Public safety and other city agencies, along with the community, collaborate effectively to ensure security for all and improve overall livability. Objectives: • Increase safety and security downtown • Review the Emergency Preparedness Plan to include food security and other shortages of necessities • Mitigate fire hazards in the urban interface • Reduce risks of fire in the city via weed abatement and Firewise landscaping and building practices • Improve public communication and community partnerships re: public safety policies and best practices • Provide modern, fully equipped facilities and vehicles for city public safety functions MUNICIPAL INFRASTRUCTURE GOAL Collaborate with the community to ensure safe, cost-effective, and sustainable public services, facilities and utilities to meet the urgent, immediate and future needs of Ashland. Objectives: • Examine the anticipated impacts of climate change on city infrastructure • Evaluate all city infrastructure regarding planning, management, and financial resources • Implement the conservation plan for water and complete the 10-year plan for electric • Promote conservation as a long-term strategy to protect the environment and public utility needs • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life-cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Develop a fee/rate structure that encourages conservation and pays the bills ASHLAND CITY COUNCIL MEETING February 2, 2013 Page 2 oft COMMUNITY QUALITY OF LIFE GOAL Anticipate and identify opportunities to provide for the physical, social, economic, and environmental health of the community. Obiectives: • Minimize the incidence and impacts of homelessness • Provide opportunities for the poor to thrive and not just survive in Ashland • Increase the number of internet-based businesses by 50% in two years • Investigate land-use and funding strategies that provide affordable and workforce housing units • Support and assist foundational relationships with community partners • Establish a permanent jobs commission • Implement Level I implementation strategies of the Economic Development Plan as approved by Council • Review the Downtown Plan including zoning of areas around downtown and create a roadmap for the future planning of downtown • Encourage private development of affordable housing options • Analyze the impacts of increased preservation of historic buildings in Ashland ORGANIZATION AND GOVERNANCE GOAL Provide high quality and effective delivery of the full spectrum of city service and governance in a transparent, accessible and fiscally responsible manner. Obiectives• • Examine and improve communication tools used to communicate with the public • Improve budget and financial reports to be clear, realistic, and effective • Review and evaluate current commissions for their mission and feasibility • Improve communication between commissions and Council • Ensure the efficient and effective use of technology to enhance customer satisfaction • Ensure the availability of front-line personnel for customer contact during business hours ADJOURNMENT Meeting was adjourned at 3:01 p.m. Respectfully submitted, Dave Kanner City Administrator City Council Study Session February 4, 2013 Page 1 of4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, February 4, 2013 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou Room. Councilor Lemhouse, Morris, Rosenthal, Voisin, Slattery and Marsh were present. 1. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Discussion of Housing Needs Analysis Community Development Director Bill Molnar explained the foundation for the Housing Needs Analysis (HNA) came from past documents relating to housing like the 2002 HNA, the Rental Needs Analysis in 2007, and the Buildable Lands Inventory updated 2011. These reports often go into informing the program and potential'Land Use policy decisions about housing. The Citizen Surveys conducted 2011 and 2012 showed low benchmarks for affordability and variety in housing. The findings and strategies in the latest RNA was similar in the 2002 HNA regarding the need for multifamily land, discouraging the use of multifamily land for ownership housing, and promoting and encouraging affordable ownership housing and removing barriers to accessory residential units, conditional use permits, and manufactured housing. Mr. Molnar clarified adopting the 14NA report by ordinance, as a supporting document did not elevate the importance. Adding it to the Comprehensive Plan made citizens aware staff would use these reports regarding land use decisions that might result in code amendments. The Comprehensive Plan stated the reports would not create new policy but the information could constitute part of the basis for new policies or amend existing ones. Appendix A in the Comprehensive Plan referred to technical reports and supporting documents that would support ongoing dialogue regarding land use issues that could get complex. Senior Planner Brandon Goldman explained the Census defined location as a place of residence where individuals lived more than 6 months a year and included that residence in the count. The Census asked people if they were college students, living in group housing and did not count them in two jurisdictions. Housing Program Specialist Linda Reid confirmed the Census counted the 800 students living in group housing and staff included that data in the housing inventory. Southern Oregon University also reported students living in the community instead of group housing. Mayor Stromberg expressed concern SOU students' salaries contributed to the 18% of individuals in Ashland below poverty level. Council Lemhouse. added concern regarding the lack of solid statistical information backing assertions made in the document. Staff was using the data available but it was not necessarily the right data for Ashland. Mr. Goldman explained group housing was a housing type in the housing needs model and accounted for some of the student population but possibly not in terns of the income demographic. Many of the potential strategies in the current RNA were also in the 2002 HNA. Staff would have revaluated demographic shifts that disenfranchised people from Ashland or moved away due to housing costs. The Ashland School District created a demographers report that made this specific conclusion regarding housing costs and staff referenced it in the current HNA. Mr. Goldman agreed some of the information was conjecture made from valid data. City Council Study Session February 4, 2013 Page 2 of 4 Implementing a potential suggestion would take a legislative or Type 3 planning action. Councilor Lemhouse questioned referring to the HNA as a technical document when there were unsupported and thought staff should limit them to measured statistics only. Mr. Molnar noted staff could remove some information and retain the raw data that lead to the next step of analyzing. If they did not incorporate the 2012 HNA into the Comprehensive Plan, the Planning and Housing Commissions would still access the document for discussion regarding legislative action, code amendments, and findings. The Department of Land Conservation and Development suggested municipalities look at the City of Dundee case and consider identifying these types of documents in the Comprehensive Plan as something possibly used for land use decisions. Additionally having the HNA in the Comprehensive Plan made it transparent to the public. He recommended removing any extreme assertions but adopting the document. It was a report that served as an appendix to the Comprehensive Plan. Mayor Stromberg had issues with the assumptions, the student population possibly contributing to the poverty level, and credibility. In addition, he felt family and workforce housing was getting lost with the emphasis on low income and family housing was important for schools. He was interested in exploring the possibility of using capital from the private sector for public purposes and specific types of housing. He addressed mixed use housing overlays in the El and CI districts and instead of building houses to make money in the housing market, he thought a percentage of housing projects could go to building a certain number of small low rent units for service workers working in those businesses. Another way of getting low income housing was leveraging money to persuade people to renew their HUD contracts. Councilor Lemhouse suggested instead of assertions, use caveats disclosing the information may skew the numbers. He wanted the document be clear on how it was measured, involve the demographics of the town and how the HNA synchronized with those demographics. Staff would qualify assumptions, cite materials referenced in the document, review changes with City Administrator Dave Kanner, and if Council determined they satisfactorily addressed their issues, reschedule the second reading of the ordinance. 3. Follow up report on the resource center RFP City Administrator Dave Kanner explained Housing Program Specialist Linda Reid contacted some of the agencies that received the grant solicitation to find out why they did not respond. Results from that effort showed the City was not offering enough money, funding only the facility and no operational costs. In addition, the criteria to show how the agency would sustain after the two-year period put too much risk on the agencies to operate that timeframe. Applicants also misinterpreted the types of things that might be included in a resource center listed in the grant solicitation as required. Mayor Stromberg provided additional background regarding an earlier offer from the Salvation Army to open a day center and thrift shop they thought would be viable but was not. Ms. Reid read a late response from Rogue Retreat Program Director Heather Hoyle-Aney: "I imagine that all your responses have been the same. Not enough money for rent, utilities, staff, and administrative costs. As part of a strategic plan this grant could cover part of the cost and could be combined with other funds, however, I do not think anyone had a Resource Center planned and other commitments requested. It is still a great idea and one that needs some thought and planning put into it. Not sure which organization could run it, but the new OHRA (Options for Homeless Residents of Ashland) group sounds like an obvious choice once they obtain their 501c3." Ms. Reid City Council Study Session February 4, 2013 Page 3 of 4 emphasized the City may not need to provide the entire $180,000-$200,000 but the agencies involved had to expect it and plan for it because they might not have it in house. Mr. Kanner noted the Council had three courses of actions. The first was taking no further action. The second, try again with the understanding it would take $150,000 to get a provider. City staff would provide funding options. The third was trying again with $50,000 only significantly scaled back. Councilor Voisin supported the third course of action. There were several groups in the city interested in a day use center that could start lean and efficient then possibly grow. Council discussed sending out another RFP (request for proposal) regarding a day use center. Other comments suggested accepting business plans prior to the RFP, provide flexibility in the RFP, possibly use a less inflammatory title for a day use center, and not limit City funds to facilities or personnel. Councilor Voisin explained a scaled back facility would have toilets, showers, laundry, a clothing box, provide an address, offer some intemet access, storage lockers, or a room to leave personal belongings, and referral services. There were six people trained in dealing with homeless individuals with mental health issues that were willing to volunteer. Other services would include a small food pantry, warm liquids with job training in the future. OHRA was researching a modified plan similar to the City of Palo Alto CA that helped the homeless get into the job market that was very successful. The day use center could also distribute bus tokens, transitional housing information, and possibly be open four days a week. Councilor Lemhouse noted the original RFP targeted anyone in need, not just the homeless and near homeless. Mayor Stromberg thought there were two basic groups, people on the streets with specific needs and non-homeless needing assistance. Councilor Rosenthal suggested asking service providers the cost of specific services instead. He was concerned the amount used reduced services elsewhere and thought the allocation should go through the budget process. Councilor Voisin explained OHRA and the Homelessness Steering Committee estimated it would cost $50,000470,000 a year for five days a week, four hours a day with half the cost going towards rent. Councilor Lemhouse noted approximately 500 families in need accessed the food bank monthly with less than 8% of them homeless. A homeless center would not help the majority of people in need. Councilor Voisin responded St. Vincent De Paul already offered services for that group of people, using $80,000- $90,000 from the City. Council needed time to identify a target audience, decide on an RFP versus a business plan model and potential funding. Council supported the Mayor meeting with Mr. Kanner and Councilor Marsh to distill the information discussed and come back to Council in a Study Session or regular meeting with ideas and options. 4. Review of Mayor and Council FY2013-2015 proposed budget Management Analyst Ann Seltzer went through the proposed budget and provided additional detail on allocations. Under Materials and Services, 606 Other Purchased Services, $31,000 of the $43,000 covered dues that included the League of Oregon Cities (LOC), RVCOG (Rogue Valley Council of Governments), SOREDI (Southern Oregon Regional Economic Development Inc.), and National League of Cities. The remaining $12,000 went towards advertising meetings, personal vehicle mileage reimbursement, attendance, meals, and lodging at the LOC. If Council were interested in a certain group, staff would make it work within the $12,000. City Council Study Session February 4, 2013 Page 4 of 4 The Sister City fund allocation fell under 608 Commissions and covered airline fare for two high school students to travel to Guanajuato, a breakfast, or lunch for visitors from Guanajuato, and one person to fly to Guanajuato for their festivities. Funds were available if the City lobbied for ecommerce at the State level. If Council went over budget, staff would do a budget transfer. Ms. Seltzer confirmed an aberration occurred in the 2012 608 Commission budget but could not recall the reason. Section 520 Fringe Benefits budgeted benefit packages for all six Councilors and the Mayor. At the time staff set up the FTE (full time equivalent), they had not envisioned people not wanting benefits. Meeting adjourned at 7:10 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING February 5, 2013 Page I of 5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 5, 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. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced that the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 15, 2013. APPROVAL OF MINUTES The minutes of the Study Session of January 14, 2013, Executive Session of January 14, 2013, Business Meeting of January 15, 2013 and Executive Session of January 24, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of February 10-16, 2013 as Violence Against Women Prevention Week was read aloud. Fire Chief John Karns invited Council and the public to attend the dedication of Fire Station No. 2 and public art element, "Open Minded" 4:00 p.m. February 14, 2013. Police Chief Terry Holderness provided an update on the Police Department remodel and expansion. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Resolution authorizing signatures, including facsimile signatures, for banking services on behalf of the City of Ashland 3. Approval of a Fire Prevention & Safety grant application 4. Liquor License application for Warren Anderson, dba BIMOR Station, Inc. 5. Liquor License application for Steve Hoxmeier, dba IDA's, Inc. 6. Approval of a special procurement for installation of playground equipment at Garfield Park 7. City of Ashland risk management report for FY 2011-2012 8. Report on City of Ashland's sweatfree purchasing policy, program, and participation in the Sweatfree Purchasing Consortium Councilor Slattery pulled Consent Agenda item #3 to acknowledge staff's efforts on the Risk Management report. Administrative Services Director Lee Tuneberg noted the dedication of the staff involved, the importance of an active risk management program, and the City's focus on safety. Councilor Marsh commented on the low level of worker's compensation claims. Councilor Slattery/Rosenthal m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. ASHLAND CITY COUNCIL MEETING February 5, 2013 Page 2 of5 PUBLIC HEARINGS 1. First Reading by title only of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan to adopt the Transportation System Plan as a supporting document and to amend the street dedication map." Planning Manager Maria Harris provided an overview and explained the amendment to the Ashland Comprehensive Plan was the Transportation System Plan (TSP) update that resulted in amendments to the Street Dedication Map. The TSP was a planning document that outlined the projects, studies, and programs needed to address the transportation demand over the next twenty years. Amendments to the Street Dedication Map related to the analysis that came from developing the TSP and served as a long- range map showing future street network and access to undeveloped areas primarily in the Urban Growth Boundary (UBG). A TSP was required to address the statewide planning goal on transportation and the content and structure of the document followed state requirements outlined in the Administrative Rule on implementing the plan. The Transportation and Planning Commissions worked together throughout the project. The Planning Commission recommended approval of the adoption of the amendment with seven revisions: 1. Include the updated and adopted Jackson County population projection in the plan. 2. Include updated population maps from the latest Census. 3. Add a reference to the adopted City street standards for pedestrian and bicycle facilities. 4. Changes for consistency with the Comprehensive Plan's goals and structures. 5. A revision to the street projects listed in the table showing a new street from Clay Street to Tolman Creek Road with a notation the street connection would occur at the time of redevelopment of the manufactured home park. 6. The second project on Tolman Creek Road and Mistletoe Road to make it consistent with the approved Croman Mill District Plan. 7. Corrections to one of the map legends. During the initial Planning Commission meeting, public comment included concern regarding the location and feasibility of a street connection from Winter Street to Ashland Street. Public Works Director Mike Faught indicated staff would remove the street dedication from the map with a notation added to the roadway projects table stating they would define the exact location and design of the street at the time of annexation. Planning Commission Chair Melanie Mindlin shared background on the Planning Commission's role in the TSP. Weaknesses in the plan included railroad crossings in the Railroad District, referencing a Railroad Master Plan in the TSP where the City adopted parts instead of the whole plan, a failure to address the impacts to the Railroad District when they removed the 4m Street crossing and not knowing the outcome of the Normal Street crossing. At times, there were disconnections with the work the Planning and Transportation Commissions did together. The Commissions did not adopt any of the consultants' ideas and Commissioner's ideas never gained traction. There were issues regarding connectivity with Clay Street not addressed and Chair Mindlin did not think they did enough for the downtown area. Community Development Director Bill Molnar clarified the 4`h Street crossing was not eliminated but identified as an at grade pedestrian crossing. The general nature of the Planning Commission discussion that occurred was the implications on future business mixture on the north side of the tracks should the City go to an at grade pedestrian crossing and eliminate the vehicular. Chair Mindlin did not think the TSP needed to be re-done but thought the group did not address the more challenging issues. She noted the four goals of a green template for other communities, safety in corridors, restoring small town character and system wide balance for modes of transportation. The ASHLAND CITY COUNCIL MEETING February 5, 2013 Page 3 of 5 Commissions addressed all of them except the green template for other communities. Transportation Commission Chair Dave Young explained the Joint Commissions tried to strike a balance between visioning for the future, anticipating growth in the economy and population as well as infrastructure and transportation demand. It was an imperfect science given many exigencies such as economic jolts or upticks. The analysis was gap driven and how to fill those gaps over a twenty-year period, prioritize them cognizant of the resources available and leverage funding from State and Federal revenues. One of the key elements of the TSP was modal equity, livability, and fully functioning infrastructures for all modes of transportation, and transit. Plan elements included policies that added street classifications, person trips, looking at all potential modes of transportation regarding development and assessing the SDCs (System Development Charges). The Joint Commissions filled in gaps for connectivity, sidewalks, bicycle network, changed classifications of streets, and established a fee in lieu policy based on certain development. They included new transit proposed routes, a transit hub for future needs at 4th Street and recommended no railroad closures. They took the highest priority projects and built a constrained financial plan. The Commissions did not address the downtown because it was too big and important of a project, and there were more stakeholders than the Commissions had at their disposal. Public Works Director Mike Faught shared transit improvements that established a new transit route down Oak Street to North Mountain, then North Main, Ashland Community Hospital, and the Senior Center. They were able to increase ridership for Rogue Valley Transit District (RVTD) through 20- minute routes and expanded service to evenings and Saturdays. Listing detailed projects on master plans set system development charges and made the City eligible for state and federal grants. The fee in lieu of policy would allow the City to put in sidewalks using fees from streets with topography constraints that prohibited sidewalks. They identified specific streets for shared roads with all modes of transportation. Additional studies on Siskiyou pedestrian crossings would occur as well as bikeway networks. A rubber tire trolley shuttling tourists from downtown to Exit 14 was a viable consideration in the future as well. The Road Diet pilot came from the TSP multi modal process. The Washington Street extension was an important connection regarding future congestion on Highway 66 that may require a median all the way to Tolman Creek Road. Some of the top priority projects within the financial constraint plan were gap fills in existing sidewalks, reviewing pedestrian crossings on Siskiyou Boulevard and establishing bikeways. The East Nevada Street extension and intersection improvements for East Main, Siskiyou Boulevard, Lithia Way, and Ashland Street and Oak Knoll would improve traffic. Mayor Stromberg provided background on the rubber tire trolleys. RVTD was interested in incorporating them in the Rogue Valley as shuttle service and the Mayor thought it might work in Ashland. Public Hearing Open: 8:12 p.m. Matt Warshawsky/821 Indiana Street/Noted he served on the Transportation and Traffic Safety Commission for five years. He supported the TSP and thought it was forward thinking in its multi modal design. The goals presented were reasonable and achievable in scope and cost. It struck a balance offering solutions to encourage other forms of transportation while maintaining and improving the driver experience and making everyone safer. He referenced Planning Commission Chair Mindlin's earlier testimony and questioned why a Commission Chair would present a personal opinion during a presentation and not represent their Commission. ASHLAND CITY COUNCIL MEETING February 5, 2013 Page 4 of 5 Brent Thompson/582 Allison Street/Thought the scope of the project exceeded the capacity of the Commissions and during the course of the project lost several commissioners. He stressed the need to ensure the money was there to pay for implementation. The railroad tracks made it complicated and he did not agree the City needed to give something up to create railroad crossings. The Federal Transportation Commission should modify or no longer apply criteria for towns with railroad tracks but no train traffic. A crossing at 4°i Street would create a tremendous opportunity for the Railroad District. They still needed to address parking issues around the Ashland Food Coop. The TSP was a marathon project and he hoped the City could come up with the funds to implement the priority projects. Public Hearing Closed: 8:18 p.m. Council expressed appreciation for the commitment of the Commissions and their efforts on the plan. Councilor Lemhouse/Marsh m/s to approve First Reading of ordinance and place on the agenda for Second Reading. DISCUSSION: Councilor Lemhouse noted it was a large project and could never be a perfect plan but served as a guide. He agreed with the decision not to assume the downtown portion of the plan. Councilor Marsh added the plan required a high-level view versus a detail oriented one. Council would prioritize the projects and the TSP was a wonderful road map. Councilor Rosenthal thought the argumentation was sound, the rationale clearly articulated, the over all goals were logical, defensible and pertinent and the concepts plausible. However, he did not think the deliverables or the need for the downtown parking analysis was clear enough and Section 13 Sustainability Plan seemed more editorial than policy. Council Voisin supported the plan. It gave the City the opportunity to be shovel ready for state and federal government grants. She wanted transit and ordinances brought forward first as priorities. Councilor Morris thought there were many good things in the plan and would support it but if the City did another one it needed to be more focused and better defined. Council also needed to be careful how they used volunteers and resources. Mayor Stromberg thought the public transit backbone needed to be accurate in case the city had to depend on public transportation and it would guide future development of the community. The three areas identified as pedestrian places along the public transit route would become the heart of the structure of the community. He thought the City should allow more height for high-density nodes and streamlined development processes. Roll Call Vote: Councilor Voisin, Lemhouse, Marsh, Slattery, Morris, and Rosenthal, YES. Motion passed. PUBLIC FORUM Cate Hartzell/892 Garden Way/Requested Council add an agenda item to their next Council meeting to discuss allowing homeless people with dogs to use the City provided facility for shelter on Thursday nights. Councilor Voisin/Rosenthal m/s to put at the end of the meeting consideration of allowing pets in Thursday shelter. DISCUSSION: Councilor Voisin noted volunteers running the shelter indicated they were turning away a significant number of people due to pets and had a proposal for Council to allow pets in the shelter. Roll Call Vote: Councilor Voisin, Marsh, Slattery, Morris, and Rosenthal, YES; Councilor Lemhouse, NO. Motion passed 5-1. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Selection of Park Commissioner Position #3 City Recorder Barbara Christensen explained Council directed the Parks Commission to conduct the advertising and interview process for the vacant Parks Commission vacancy and were asking Council's ASHLAND CITY COUNCIL MEETING February 5, 2013 Page 5 of 5 approval of their recommendation. Councilor Rosenthal/Slattery m/s to appoint Michael Gardiner to the vacant seat of Park Commissioner Position #3 with a term ending December 31, 2014. DISCUSSION: Councilor Rosenthal served with Mike Gardiner for 8 years on the Parks Commission and was very pleased with the Parks Commission recommendation. Councilor Slattery and Voisin supported the recommendation. Voice Vote: Councilor Lembouse, Slattery, Marsh, Voisin, Morris and Rosenthal, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced signup for Little League would occur February 9-10, 2013 with details at http:Hashlandoregonlittlelea ue e.ore/. The Ashland High School Football team was hosting a fundraising event at the Old Ashland Armory February 9, 2013 to raise funds for the Pacific Rim Bowl in Japan. Councilor Voisin/Rosenthal m/s to put on the agenda for February 19, 2013, reconsidering allowing pets in the Thursday night shelter. DISCUSSION: Councilor Voisin explained the volunteers running the shelter were tracking the number of people turned away with pets. They also contacted the faith communities hosting shelters to learn their process and results regarding pets in their shelters. Both shelters had not experienced any issues allowing pets and those same people with pets accessed the Thursday night shelter. Councilor Rosenthal was interested in hearing the new information. This issue was a barrier to a service the City voted unanimously to provide. Councilor Slattery was not in favor of allowing pets. It was important to run the shelter as originally designed to ensure success. He had concerns regarding liability issues that came with dogs and dogs that were unlicensed and not vaccinated. He preferred addressing changes in policy next season. Councilor Lemhouse did not support allowing pets because of the potential risk issues involved. Public entities could not afford to make decisions that added risk the way private entities could. Councilor Morris noted his original concern allowing dogs was vaccinations and licensing but was willing to listen to new information. Councilor Marsh thought the request was essentially reconsideration for the shelter but supported allowing pets initially and still did. Roll Call Vote: Councilor Morris, Rosenthal, Marsh and Voisin, YES; Councilor Slattery and Lemhouse, NO. Motion passed 4-2. ADJOURNMENT Meeting adjourned at 8:51 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES October 24, 2012 CALL TO ORDER Chair Regina Ayars called the meeting to order at 4:10 p.m. at the Council Chambers located at 1175 East Main St. Ashland, OR 97520. Commissioners Present: Council Liaison Regina Ayars Carol Voisin Ben Scott Barb Barasa Staff Present: Evan Lasle Linda Reid, Housing Specialist Carolyn Schwendener, absent Commissioners Absent: Michael Gutman Brett Ainsworth APPROVAL OF MINUTES Lasley/Scott m/s to approve the minutes of the September 26, 2012 regular Housing Commission meeting. Voice Vote: All Ayes; minutes were approved as presented. PUBLIC FORUM No one spoke VACATION RENTAL DISCUSSION Bill Molnar, Community Development Director was present to brief the Commission on an issue that has come before the City Council. Molnar asked the question "What impact does the way the City treats vacation rentals in the community have on our housing inventory?" Council has directed staff to look at possible changes to the zoning. Because there is an impact on housing the Council would like the Housing Commission to participate and weigh in on this discussion. The purpose of this presentation is to give the Housing Commission some background. Short term accommodations traditionally are the motels, hotels, and bed and breakfasts where a guest can stay less than 30 days. Ashland has prohibited the renting out of homes in single family residential neighborhoods on a short term basis. It is prohibited by the land use ordinance. As part of the Community Development Department we also address Code Compliance as it relates to zoning violations, stated Molnar. We have seen an increase in activity not only from complaints but from looking at internet sites. The department took an aggressive compliance effort in the summer and sent out forty to fifty code compliance letters to those properties they were aware of that did not have a land use permit and were not paying transient occupancy tax. This created some frustration from those individuals bringing about the question; should we create some flexibility with the zoning code? There is also the issue of fairness for those who follow the guidelines and rules. Molnar stated the key issues for future discussion are: What is the impact on available housing in the community due to this circumstance? Does this increase the cost of housing? Ultimately these homes are taken out of the rental market. 1 The long term history in Ashland as a community has been the concern about growing outward. The desire has been to maintain a compact community that promotes alternative modes of transportation. The City has taken a position in the region where they adopted the City Urban Growth boundary (UGB) thirty years ago (1981) being one of the few cities if not the only city in the state who has never increased the UGB. The City chose not to identify future areas to expand the UGB but offered to develop more innovative land use strategies to accommodate future business, employment and housing over the next twenty years using the current land base. Molnar explained that the next step will be, after the first of the year the staff will know what direction the Planning Commission would like them to take. Ultimately before they write any specific ordinance language staff will bring suggestions from both the Planning Commission and the Housing Commission back to the Council. The Commissioners asked for a profile of the rental houses. They were curious if people are renting high end housing or inexpensive housing. Molnar conveyed that the preliminary internet searches for code compliance showed rentals for smaller inexpensive homes within walking distance to the downtown. The proximity to downtown seemed to out weight the amenities that might be offered. Abi Maghamfar owner of Abigail's Bed & Breakfast (B&B) located on North Main Street spoke. Maghamfar explained that he understands the situation that has arisen regarding the problem with illegal units being rented. Maghamfar stated he is just looking for a fairness level playing field. As long as the houses operating as a vacation rental are permitted properly and provide adequate insurance and safety features just the way Bed & Breakfast and hotels offer he has no concern. Competition is a good thing as long as it's an even and fair playing field. Though forty to fifty letters went out to properties that the Planning Department was aware of, Maghamfar stated there is evidence that as many as one hundred and fifty houses are actively being rented for vacation rentals. With that number of units being out of the short term housing market it is his opinion it does make a difference to the City's housing inventory. These are homes that would otherwise be available to those wishing to live in Ashland. People coming into town do have a place to stay as the Bed & Breakfasts in town are not 100% full. Ellen Campbell, Campbell addressed the question of what the typical profile of the rental houses is. She stated that they are not just second homes for people it's an entire range of scenarios. In the last twelve years the industry has seen an eighteen percent decrease in the number of B&B's that are operating in Ashland. Though it would make sense that the current B&B's would absorb that increase in occupancy the opposite has happened. In the last ten years the occupancy has either been stable or declined due to the increase of illegal units in town. Campbell commented that it might be tempting for the City to allow these additional vacation rentals in order to receive the Transient Occupancy Tax. She believes that the City could in fact receive an increase in tax by not allowing those illegal rentals which would increase the occupancy of the legal units. PROPOSED CHANGES TO UNIFORM POLICIES FOR COMMISSIONS AND COMMITTEES DISCUSSION AND RECOMMENDATION Reid pointed out that City Recorder, Barbara Christianson and City Attorney Dave Lowman took the information provided to them by the Commissions and created three options for the Commissioners to vote between. After the discussion the Commissioners made the following recommendation. Lasley/Scott m/s to recommend Section 2.10.025 of Option Two with Section 2.10.040 of Option Three and Section 2.10.050 of Option Three with the definition of excused absence the same as defined adding the following ('An excused absence is defined as an urgent personal or job related matter or a matter where the member has no control over their ability to attend a meeting.) Ayars made an amendment to the motion adding the following sentence after the definition of excused absence to say "also a Commissioner is allowed a single annual excused absence for a vacation" The Commissioners' voted on the amendment. Voice Vote: All Ayes, amendment passed unanimously The Commissioners voted on the original motion. Voice Vote: All Ayes. Motion passed unanimously to include the amendment 2 COMMISSIONER AND SOU LIAISON RECRUITMENT DISCUSSION Lasley announced the Commission will soon have a new SOU Liaison. He spoke with the President. of ASSOU and there is a freshman who is interested in the position. Lesley sent the person an email for confirmation and the Commission would like to have them on board by the January meeting. The Commission is down one member and each Commissioner agreed to make an effort to try and recruit someone as soon as possible. LIAISON REPORTS Council - Voisin acknowledged that Reid did an excellent job presenting the Fair Housing Ordinance to the City Council. Staff - Reid reported the Fair Housing Ordinance passed first reading at Council and will be going to second reading on the sixth of November along with the first reading of the Housing Needs Analysis. The Fair Housing Council of Oregon has hired a three quarter time person, Louise Dix, to serve the Jackson, Josephine, Curry, Coos and Klamath regions. She will be stationed at ACCESS and is expected to be down next month. Ms Dix recently left the city of Gresham though prior to that she was the CDBG administrator for the City of Medford. She was on the Medford Housing Commission, Chair of the Homeless task force as well as the Chair of the Southern Oregon Housing Resource Center. Reid gave an update from the Homeless Steering Committee. A joint meeting was held with members of the faith based community. Good things came out of the meeting; Trinity Episcopal announced they will add a weekly shelter night on Wednesdays starting Thanksgiving week. The Universal Unitarian Church is considering also hosting a weekly shelter night; they are continuing to take up a special collection to provide materials like sleeping bags. A shelter training is being organized. General Announcements - The Council meeting may change from November 6`h to the 7`n due to the general election. Councilman Chapman has resigned and there is a process for appointing a new Council person. The City has sixty days to appoint a new person. GOAL SETTING RETREAT AGENDA DISCUSSION Voisin will not attend the goal setting retreat. She did encourage the Commissioners to send their suggested goals to the Council no later than January. Suggested topics were: • Co-housing ordinances and zoning issues. More and more seniors are considering co-housing experiences. • Review the recommendations in the Housing Needs Analysis. • Review the 2012 goals to see what has been accomplished and what may need to carry over to 2013. • A more in depth look at the Housing Trust Fund. Still need a revenue source. • Dot Exercise/Goal prioritization • Discussion of Fair housing for students UPCOMING EVENTS AND MEETINGS Normal Avenue Neighborhood Design Workshop - October 25`h, Ashland Middle School 7:00 - 9:00 P.M. Public Hearing - First Reading Housing Needs Analysis - November 6' , City Council Chambers 7:00 - 10:00 P.M. Discussion of policy changes for commissions and committees - December 3rd City Council Study Session, Community Development Building 5:30-7:00 P.M. Next Meeting-Housing Commission Retreat 9:00-12:00 PM; November 17th (Lunch included from 12:00-1:00) ADJOURNMENT - The meeting was adjourned at 5:50 p.m. Respectfully submitted by Carolyn Schwendener 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES January 8, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Maria Harris, Planning Manager Michael Dawkins April Lucas, Administrative Supervisor Richard Kaplan Debbie Miller Melanie Mindlin Absent Members: Council Liaison: None Mike Morris ANNOUCEMENTS No announcements were made. CONSENT AGENDA A. Approval of Minutes. 1. December 11, 2012 Regular Meeting. Commissioners Miller/Brown nits to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 5-0. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Approval of Findings for PA-2012-01414,180 Nutley Street. Ex Pane Contact No ex parte contact was reported. Commissioner Kaplan questioned the accuracy of a statement contained at the bottom of page 3, which reads: "The Planning Commission finds the application does not satisfy the approval criteria 18.100.020.C for a Variance which requires that the circumstances or conditions have not been willfully or purposely self-imposed. " He clarified his concern is including the terms "willfully' and "purposefully' in the Findings and is worried this may open the document up to challenges. Planning Manager Maria Harris clarified that during the public hearing several commissions stated they believed this was a self-imposed condition, and while they did not specifically say willfully or purposefully, staff assumed the Commission's determination was that this criteria had not been met. The Planning Commission held further discussion and most felt the Findings accurately represented their decision. Commissioner Kaplan suggested revising the variance criteria to address this issue and the Commission agreed this was something they should look into. Commissioners Brown/Dawkins m/s to approve the Findings for PA-2012-01414,180 Nutley. Voice Vote: all AYES. Motion passed 5-0. Ashland Planning Commission January 8, 2013 Page 1 of 3 DISCUSSION ITEMS A. Unified Land Use Ordinance - Part 5: Application Review Procedures and Approval Criteria. Planning Manager Maria Harris explained tonight's meeting will focus on Part 5 - Application Review Procedures and Approval Criteria, and provided an overview of the proposed amendments to this section of the code. 1) Combined Type 111 and Legislatives Procedures. Ms. Harris clarified this amendment does not change the actual procedures and the intent of combining the two existing categories is to eliminate duplication and provide clarify for use and administration. 2) Expedited Land Divisions. Ms. Harris explained the Oregon Model Code recommends including a reference to the Oregon Revised Statutes (ORS) rather than including the four pages of text, and since this provision has not been used in Ashland since its inclusion in 2008, staff recommends deleting this section and adding a reference to the ORS instead. 3) Effective Date of Type 1 Decisions. It was clarified the proposed amendment would change the effective date from 13 days to 12 days in order to be consistent with the ORS. 4) Effective Date of Type H Decisions. Ms. Harris clarified this amendment would change the effective date from 13 days to 10 days. She added a timeframe is not required by state law, but 10 days is consistent with what other jurisdictions do. Commissioner Brown questioned if this is defined as calendar days or working days and recommended this be clarified in the definitions section. 5) Submitting Information to Complete an Application. It was clarified this amendment would provide applicants 180 days to provide missing information, which is consistent with state law. 6) Site Review Submittals. Ms. Harris explained this amendment would include requirements for site review applications to include information on pedestrian and bicycle circulation, outdoor lighting, mail boxes and bus stops, and a preliminary grading plan for sites that are''/2 acre of larger. Commissioner Mindlin expressed concern with the preliminary grading plan requirement and stated this could be a potential waste of money for the applicant if the site plan is altered. Ms. Harris shared an example where having this information earlier on would have been beneficial. 7) Final Plat Submission. It was clarified this amendment would consolidate the procedure for final plan submissions and both partitions and subdivisions will receive 18 months. 8) City Facilities Approval Criteria. Ms. Harris stated the recommended amendment would better clarify the criteria for adequate capacity of city utilities and transportation facilities. Specifically, the language for paved access would be changed to "to andthreugh throughout the development." 9) Target Use for the C-1 and E-1 Zones. Ms. Harris explained staff is recommending increasing the target use in C-1 and E-1 zoned properties to.5 FAR. She elaborated on how this criteria is applied to conditional use permit applications and stated this adjustment would reflect the recent updates to the Detail Site Review Zone requirements. Commissioner Mindlin expressed hesitation about adopting a .5 FAR blanket comparison for all conditional use applications in the C-1 and E-1 zones, but none of the other commissioners expressed concern with this change. 10) Variance Criteria. Ms. Harris clarified staff is suggesting two new approval criteria for variance applications that were taken from the Model Code. One addresses the minimum necessary to address the special circumstances of the site, and the other requires consistency with all other applicable regulations. 11) Issuing a Building Permit for an Approved Variance. It was clarified this amendment would allow the issuance of a building permit on the effective date of the decision, which will insure the local appeal period has passed and the decision is final. 12) Chapter 18-5.6 Modifications to Approved Planning Applications. Ms. Harris explained this new chapter is based on the Oregon Model Code and uses thresholds to distinguish major and minor modifications. Commissioner Dawkins expressed concern with applicants reverting to previous approvals and cited the Heiman Baths and the development at Siskiyou and Bellview as examples. Ms. Harris explained the proposed changes would not influence the situations described by Dawkins. In regards to Helman Baths, she believes his concerns relate more to the performance standards options for subdivisions; and regarding the development on Bellview, Ms. Harris stated she does not see this as a modification issue but rather how phased developments are treated. Questions of Staff/Commission Discussion The Commission offered their final comments and questions to staff regarding this section of the Unified Land Use Code. Ashland Planning Commission January 8, 2013 Page 2 of 3 • Comment was made questioning the required widths for flag drives, which varies depending on how many units they serve. Ms. Harris stated she believes this is based on Fire Code but would verify this for the Commission. Additional comment was made questioning the requirement for flag drives to be paved. • Comment was made regarding the grading plan requirements and whether they should consider a trigger of .5 acres and a certain amount of slope before this would be required. Additional suggestion was made to add the language "or as deemed necessary by the Staff Advisor" which may provide more discretion. • Comment was made questioning the statement on page 5-55 (B.2) which reads "if a lot is nonconforming to any City standard it shall not be made more conforming by the property line adjustment" and Ms. Harris agreed this is a typo. An additional typo was noted on page 5-32 (8.1). The statement should be corrected to read "...landscaping plans shall be at least one inch equals fifty feet". • Comment was made suggesting the Commission consider expanding the noticing area requirements. • Suggestion was made to modify the sentence on page 5-69 (item 4) to read "A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic if the change could cause a significant adverse impact". B. Input on Council Goals. Planning Manager Maria Harris explained the City Council's goal setting session is coming up and they have asked for input from all the City commissions. The following ideas/suggestions were put forward by the Commission: • Continue to develop green building standards and sustainable development standards. Increase the use of alternative energies (including possible requirements for solar panel installation on new developments) to address Tier 2 power demands. Support urban agriculture and farming, and businesses that use and provide regional products. • Provide policy direction for infill planning. OTHER BUSINESS A. Bi-Annual Attendance Report (July - December 2012) Informational item only. No discussion was held. ADJOURNMENT Meeting adjourned at 8:55 p.m. Ashland Planning Commission January 8, 2013 Page 3 of 3 CITY OF -ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES January 22, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Richard Kaplan Amy Gunter, Assistant Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Absent Members: Council Liaison: Troy J. Brown, Jr. Mike Morris ANNOUCEMENTS Community Development Director Bill Molnar announced the City Council will conduct their annual goal setting on Saturday, January 26, 2013, and mentioned the Council will take up the Housing Needs Analysis again at their February Study Session. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Approval of Findings for PA-2012-01511, Transportation System Plan Update. Commissioners Miller/Kaplan mis to approve the Findings for PA-2012.01511. Voice Vote: all AYES. Motion passed 4-0. DISCUSSION ITEMS A. Potential Code Amendments Related to the Establishment and Operation of Short-Term Vacation Home Rentals. Community Development Director Bill Molnar presented this item for discussion and explained that short term rentals are only allowed in R-2 and R-3 zones with a conditional use permit (CUP) and in Ashland are primarily Bed & Breakfast establishments. He provided some history on Ashland's travelers accommodation ordinance and explained as part of the City's code compliance efforts staff has noticed a dramatic increase in the number of homes being rented out on a short term basis that are operating without permits. He added either they are located in an R-2 or R-3 zone and have not gone through the CUP approval process, or they are located in an R-1 zone where short term rentals are prohibited. Mr. Molnar explained after the City sent out compliance request notices to property owners operating illegal rentals, a citizen approached the City Council and asked them to look into potential changes, and Council directed staff to bring this forward at a future meeting. At the City Council's August 2012 Study Session, the Council determined the most appropriate avenue was for the Planning Commission to review the travelers accommodation ordinance and put forth suggestions on what to do, if anything. Mr. Molnar reviewed a number of considerations for the Commission to consider, including the protection of neighborhood character and potential impacts on Ashland's housing supply and affordability. He also presented some potential benefits to providing more flexibility, including the collection of the City's transient occupancy tax, business license revenue, and an increased choice for visitors. Mr. Molnar called attention to the discussion questions outlined in the packet materials and suggested the Commission work through each item. He clarified if the Commission is interested in increasing opportunities for these types of rentals and allowing them throughout the multi-family zone, approximately 600 properties would become eligible. Ashland Planning Commission January 22, 2013 Page 1 of 4 Questions of Staff Assistant City Planner Amy Gunter commented briefly on the special use permits and minor conditional use permits utilized by other jurisdictions. She also provided some detail on the types of complaints being reported to the City of Ashland. She explained most of the complaints are related to noise and traffic, but reminded the Commission that the Community Development Department is only informed of land use complaints and other compliance issues are handled by the Police Department. Ms. Gunter stated in the past two years the Community Development Department has received approximately 20 complaints related to illegal vacation rentals, but stated the Police Department may have received more. Comment was made questioning if there is a way to differentiate the number of complaints for vacation rentals compared to long-term rental units. Ms. Gunter clarified general complaints are directed to the Police Department and Community Development staff does not hear about them unless the complainant files a code compliance complaint form. Comment was made questioning the purpose of the 200 ft. from an arterial street requirement. Mr. Molnar stated when this was added to the code the idea was that visitors should not generate a lot of non-local traffic on neighborhood streets, and to try to keep these types of establishments closer to the higher traffic infrastructure. Mr. Molnar pointed out the Housing Commission would be discussing this topic at their meeting this week, and stated staff is interested to hear their thoughts on potential impacts to housing. He noted the concern regarding loss of long term housing stock, and clarified the Comprehensive Plan states that permitted uses should not disrupt the character of a neighborhood and a discretionary approval process should be used to determine if they are appropriate. He also noted Ashland's position in the Regional Problem Solving Plan to accommodate future growth within the current urban growth boundary. Public Input Donnan Runke11586 East Main/Stated she is the owner of Anne Hathaway's Bed and Breakfast. Ms. Runkel explained many of their long time guests are choosing illegal vacation rentals over them because it costs less. She stated many of these units have not gone through the required inspections, do not carry the necessary insurance, do not collect the City's lodging tax, and do not report the income they receive. She added licensed rentals also have to pay commercial utility rates for water, sewage and electricity. Ms. Runkel stated there should be a level playing field for everyone in the lodging industry and the City's travelers accommodation rules should be enforced. She added it gives everyone in the industry a black eye when someone operating an illegal rental does not deliver on their promises. Lois Van Aken1140 Central/Stated she is the owner of Central Avenue Cottages. Ms. Van Aken stated there are two issues before them; one is the code and regulations as they exist right now, and the other is whether the City wants to look at changing the code. She stated the owners of Ashland's legal accommodations encourage the City to enforce the laws in existence today; and if they want to look into changing rules that is fine, but they have been dealing with an unlevel playing field for a long time. She stated legal units have higher utility rates, are required to hold a valid business license and collect the required taxes, but visitors don't know the difference and often choose the lower cost rental. Barbara Hetland1985 East Main/Stated she has a studio apartment above her garage and went through the City's approval process this summer to get a conditional use permit. Ms. Hetland stated it was a fair process and it pains her to find out there are unpermitted travel accommodations in Ashland. She stated these illegal units are not collecting taxes and are cheating the City, and she is also concerned that these units are not carrying the proper insurance. Ms. Hetland stated the City's approval process for these types of units is fair, and asked that the rules be enforced. Mark Schoenleber160 WimerlStated he is the owner of two legal rental cottages and noted there are over 100 units listed on the VRBO website. He mentioned the inspections legal units are required to go through and also commented on the potential to allow units beyond 200 ft. of an arterial street. He stated his units comply with the CUP requirements for parking, but parking is still a huge issue in their neighborhood and asked the Commission to consider this. Mr. Schoenleber voiced agreement with the other issues that have already been pointed out and stated he would like to see compliance. Tracy Egan1111 North Third/Stated she is the owner of the Black Swan Inn and also manages Second Street Cottages. Ms. Egan stated she is a legal operator and complies with all the City's requirements. She remarked that a prospective guest recently called her and asked whether her establishment charged Ashland's lodging tax, and when she replied "Yes" the guest was no longer interested in staying there. She stated this has become a competitive advantage for those operating illegally and Ashland Planning Commission January 22, 2013 Page 2 of 4 asked the City to enforce the laws that are already on the books. Ms. Egan also discouraged the City from opening this up to the R-1 zone, and questioned why they would expand this to other areas when they can't enforce it in the allowed zones. Commission Discussion/Deliberations Commissioner Mindlin thanked the audience for coming and encouraging the City to enforce its laws, but clarified the Planning Commission does not have a role in dealing with compliance issues. She stated the task before them is to review the ordinance and make recommendations to the City Council about potential code changes. Commissioner Dawkins stated he has given this issue a great deal of thought and is very concerned with the narrative in the staff report about the amount of money a property owner can make renting out their unit short term versus long term. He stated it is logical to assume that if they loosen the requirements, this will become an investment tool for people to come in and buy up land and homes for this use. Dawkins stated the City's travelers accommodation ordinance has been successful and does not support expanding this use to the R-1 zone. He stated having a level playing field in the lodging industry is critical and suggested limiting the number of permitted short term rentals in the same way the City has limited drive-up windows. Commissioner Kaplan agreed with Mindlin that enforcement is not under the Commission's purview, but as a citizen he encouraged the city administrator to enact a level playing field so that health and safety is protected. Kaplan stated he did not realize this was such a potentially significant problem in Ashland and believes it is appropriate to look at the code language and determine if it still makes sense. He stated the 200 ft. from an arterial requirement, whether units need to be owner occupied, the requirement for units to be at least 20 years old, and whether to permit this use in the R-1 zone are all valid issues that deserve discussion. Commissioner Miller noted the difference between renting out a room or two in your home, and a home that is purchased by an absentee owner purely for investment purposes and turned into a year round vacation rental. Because of this, she is supportive of the requirement for the property owner or business manager on remain on site. Mr. Molnar was asked to elaborate on the Community Development Department's code compliance program. He explained the department no longer has a dedicated code compliance specialist and staffs efforts are focused on working with property owners to reach compliance. He stated typically after a phone call, several letters, and a warning of a fine people usually comply; but staff has found that in the cases of illegal rentals, our efforts have not been effective. Commissioner Mindlin recommended the Commission work through the discussion questions as outlined in the packet: • Question #1: Should changes to the Land Use Ordinance be considered that provide more opportunity for property owners to operate vacation home rentals? There was general consensus supporting the review of potential changes to the land use ordinance. • Question #2a: Should the area eligible for establishing a vacation home rental be increased to include all land within Ashland's multi-family zoning districts? Mr. Molnar clarified this would make 600 properties eligible for short term vacation home rentals. Several commissioners voiced support for removing the 200 ft. from an arterial or collector street requirement. Commissioner Dawkins stated he would support allowing short term rentals in all of the multi-family zone only if they placed a limit on the total number of units permitted and included a provision that this be revisited at a later date. • Question #2b: Should a property owner/business owner/manager be required to live on site in the case of a property where only one, individual vacation rental is in operation? Commissioner Dawkins stated the reality is that most of these property owners do not live on site. Commissioner Kaplan voiced support for removing the live on site requirement if it is one unit, but would want a requirement for the property manager's contact information to be posted. Commissioner Miller was hesitant to this change. She stated she has concerns about the impact on the neighbors and questioned what would happen if a major problem occurred and there was no one on site to address it. Mr. Molnar clarified the Commission could consider language similar to what other cities use requiring that contact information be posted on site and distributed to neighbors, and for the contact to Ashland Planning Commission January 22, 2013 Page 3 of 4 live within a certain proximity to the rental. Commissioner Mindlin voiced support for not requiring a property owner on site for individual vacation homes. • Question #3: Should vacation home rentals be allowed in single family zoning districts (R-1)? There was no interest expressed by the Commission in expanding this use to the R-1 zone. • Question #4: Should establishing a vacation home rental be subject to a land use application, such as a conditional use permit, with public notice provided to surrounding neighbors? Mr. Molnar stated staff believes that a conditional use permit is the appropriate process to use and the Commission agreed. The Commission briefly discussed the 20 year old housing stock requirement. Commission Dawkins commented that the intent was to preserve Ashland's wonderful Victorian homes and sees no reason to remove this requirement. Ms. Gunter clarified the vast majority of homes in the R-2 and R-3 zones are at least 20 years old, and the Commission agreed this is a good safeguard to keep in place. Mr. Molnar clarified staff would summarize the Commission's recommendations and bring this back at the next meeting for final approval before it is forwarded to the City Council. ADJOURNMENT Meeting adjourned at 8:55 p.m. Ashland Planning Commission January 22, 2013 Page 4 of 4 CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Liquor License Application for Warren Anderson DBA-Ashland Texico FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Warren Anderson dba Ashland Texico located at 2371 Ashland Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). 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 Warren Anderson dba. Ashland Texico located at 2371 Ashland Street ATTACHMENTS: None Page 1 of 1 ~r, CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Liquor License Application for Rajan Kumaran dba Tudor Guild, Inc. FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Rajan Kumaran dba Tudor Guild, Inc. located at 15 S Pioneer. BACKGROUND AND POLICY IMPLICATIONS: Application is for 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 Rajan Kumaran dba Tudor Guild, Inc. ATTACHMENTS: None Page 1 of 1 ImAil CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Liquor License Application for Brandon Overstreet dba Swing Tree Brewing Co. FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Brandon Overstreet dba Swing Tree Brewing Company located at 300 E Hersey Street Suite 7. BACKGROUND AND POLICY IMPLICATIONS: Application is for 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 Brandon Overstreet dba Swing Tree Brewing Company. ATTACHMENTS: None Page I of 1 I`, CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Liquor License Application for Michael Ulizzi dba Club 66 FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Michael Ulizzi dba Club 66 located at 1951 Ashland Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for 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 Michael Ulizzi dba Club 66. ATTACHMENTS: None Page 1 of I MEN CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Approval of Special Procurement for Boundary Survey Work on the Calle Guanajuato. FROM: Don Robertson, Director, Ashland Parks and Recreation, don.robertson@ashland.or.us SUMMARY This is a request for City Council, acting as the Local Contract Review Board, to approve an exemption from the competitive bid process and directly award a contract to Terra Survey to provide a boundary survey, individual deed references and a field traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013. BACKGROUND AND POLICY IMPLICATIONS: The Parks department is scheduled to resurface the Calle Guanajuato beginning in late fall of 2013. Many details have to be worked out before the project can begin. Terra Survey will be conducting a boundary survey that will be used by Parks and Recreation staff to resolve any boundary line issues prior to resurfacing of the Calle Guanajuato. Terra Survey provided a detailed topographic survey of the Calle in 2007 and a deed plot in 2008. Their prior work makes them uniquely qualified to do this boundary survey. FISCAL IMPLICATIONS: The cost of this piece of the project is $8,900. The funds were budgeted in FY `13 in the Capital Improvement Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Special Procurement to Award contract. SUGGESTED MOTION: I move that Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approve the Special Procurement described therein. ATTACHMENTS: Special Procurement-Request for Approval (Written Findings) Page 1 of I 117MLA&S-11 CITY OF ASHLAND FORM #4 - DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75;000 To: Dave Kanner, Public Contracting Officer From: Don Robertson, Parks and Recreation Director Date: 2-8-13 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department's intent is to contract with Terra Survey by February 28, 2013 for a boundary survey in preparation for the resurfacing project on the Calle Guanajuato scheduled for this Fall 2013. The department would like to contract with Terra Survey to provide a boundary survey, individual deed references and a field traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013 The estimated cost and amount budgeted is $8900. The timeline of the intended contract will be February 28, 2013 through June 30, 2013. The department has developed and fully plans to implement a written plan for utilizing such services, which will be included in the contractual statement of work. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City and Parks staff do not have the personnel and resources to perform the services required under this contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/12/2013 CITY OF FORM #9 ASHLAND ,SPECIAL PROCUREMENTI REQUEST FOR APPROVAII To: City Council, Local Contract Review Board From: Don Robertson, Ashland Parks and Recreation Date: 2-8-13 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From February 28, 2013 To: June 30, 2013 5. Total Estimated Cost: $8900 6. Short title of the Procurement: Special Procurement for Boundary Survey work on the Calle Guanajuato Supplies and/or Services or class of Supplies and/or Services to be acquired: Terra Survey to provide a boundary survey, individual deed references and a field traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: This contract specific special procurement is being used to seek an exemption from the competitive bid process to directly award a contract to Terra Survey. Terra Survey h worked with the department and the City within the past 10 years on a topographic survey for the Calle Guanajuato, deed plots and the most current for the Ashland Plaza project. See the attached letter. Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 2/1212013 Proposed Procedure: Directly award contract to Terra Survey 8. Justification for use of Special Procurement: Describe the circumstances thatjustify the use of a Special Procurement. Attach relevant documentation. In 2007 Terra Survey provided a detailed topographic survey of the entire Calle from from W inburn Way to North Main street and worked on a deed plot for the Calle in 2008. See attached letter. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Terra Survey already has knowledge of the Calle because of their previous topographic survey and deed plot work. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 279B.065, or 27913.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 211212013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - February 20, 2013 (f approved by Council) PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 20, 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on ifapproved, Februarv 19, 2013. This is a "contract specific special procurement " to directly award a contract to Terra Survey to provide a boundary survey, individual deed references and afield traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013. The timeline of the intended contract will be February 28, 2013 through.lune 30, 2013 It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland OR 97520. The seven (7) protest period will expire at 5:00pm on February 27, 2013 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 2/1212013 TERRASURVEY, INC. TELEPHONE (541) 482-0474 PROFESSIONAL LAND SMIVEYORS ELF. TRONIQ trmdn@)blsp.uoA 274 FOURTH STREET ASHLAND, OREGON 97520 ASHLAND, ORIYAON 97520 PROPOSAL DATE: February 5, 2013 CLIENT: PARKS JOB SITE ADDRESS: Calle Guanajuato MAP NO: 39 1 E 09BB TAX LOT: ORDERED BY: BILL TO: Rachel Dials Same Recreation Superintendent City of Ashland Parks and Recreation 340 S. Pioneer Street Ashland, Oregon 97520 SCOPE OF WORK: We propose to provide a boundary survey to determine the line between the private properties and the City of Ashland property through the alley know as Calle Guanajuato. Initially, as part of the boundary survey, we will research the individual deed references and complete a field traverse around the buildings involved. The traverse will locate existing survey monuments and corners of buildings. We will then combine the deed information and results of the traverse to resolve the boundary. Once the boundary is resolved, we will set survey monuments and file a Map of Survey in the office of the County Surveyor. The information from the boundary survey can be combined with site information (building locations, stairs, planters, etc.) gathered by this office as part of a topographic survey completed in 2007. ESTIMATE: $8,900 for budgeting purposes Work to complete the above scope of work will be billed on an hourly basis at the rates listed on page 2 of this proposal Page I of 2 THIS PROPOSAL AND ESTIMATE IS FOR THE SCOPE OF WORK DESCRIBED ABOVE. ANY REQUESTED ADDITIONAL WORK ABOVE AND BEYOND THE SCOPE OF WORK SO DESCRIBED WILL BE BILLED AT THE FOLLOWING RATE: OFFICE $ 80/HR PROFESSIONAL $ 95/HR FIELD(TWO PERSON CREW) $ 150/14R THERE ARE NO UNDERSTANDINGS OR AGREEMENTS EXCEPT AS HEREIN EXPRESSLY STATED. BILLS ARE RENDERED UPON COMPLETION OF THE WORK DESCRIBED ABOVE, AND ARE DUE AND PAYABLE UPON RECEIPT. AN INTEREST CHARGE OF 1.5% PER MONTH (18% PER YEAR) WILL BE CHARGED FOR OVERDUE FEES. IF IT BECOMES NECESSARY TO FILE SUIT IN THE COURTS TO COLLECT FEES DUE, REASONABLE LEGAL COSTS, INCLUDING ATTORNEY FEES, SHALL BE PAID BY THE SIGNING RESPONSIBLE PARTY. UNLESS OTHERWISE STATED IN THE ABOVE SCOPE OF WORK, ALL FIELD NOTES AND ELECTRONIC FILES GENERATED BY THIS SURVEY ARE TO REMAIN THE SOLE PROPERTY OF TERRASURVEY, INC. WORK DESCRIBED TO BE PERFORMED IN THIS AGREEMENT WILL NOT BE UNDERTAKEN UNTIL THIS WORK AGREEMENT IS SIGNED BY THE REQUESTING RESPONSIBLE PARTY. THIS ESTIMATE SHALL EXPIRE 60 DAYS FROM THE ABOVE DATE. TERRASURVEY, INC. ATE SIGNATURE OF RESPONSIBLE PARTY DATE Print Name Page 2 of 2 TERRASURVEY, INC. TELEP110Nh- (541) 482-0474 1110 F.ESSIONAL LAND SURVEYORS ELR(T IONIC tcrrnin a hisiinct 274 IbUR199: STREET ASULAN), OREGON 97520 Terrasurey, Inc. has been the primary surveyor for the City of Ashland under the public works General Surveying Services contract since October of 2000. As such we have been involved with numerous surveying projects for the Department of Public Works as well as the Department of Parks and Recreation which involved property boundaries, property line adjustments, partitions, and easement descriptions. Those projects specific to the Calle area include the following: 2002 We provided a topographic survey for Kerry Kencaim & Associates to design a stairway and landscaping along the west side of the creek opposite the Calle. 2006 We surveyed the area adjacent to Munchies Restaurant at the north end of the Calle and prepared a legal description for a landscaping easement 2007 We provided a detailed topographic survey of the entire Calle from Winbum Way to North Main street for the Department of Parks and Recreation 2008 Working with a deed plot provided by Jim Olson, City Surveyor, we employed our existing survey control network to marked an approximate deed line with paint for the purpose of initiating a dialog with property owners about public vs. private ownership limits in the Calle. At this time, Jim provided us with copies of the deeds which he used to prepare hisvey. 2012 We provided a topographic survey of the Ashland Plaza for Covey-Pardee Associates for design of the Ashland Plaza Project. We believe our history working with the City of Ashland and our familiarity with the proposed project and project area makes us ideal candidates. For additional information about TerraSurvey, please visit our website at: www.ter-rasurveyinc.com. CITY OF ASHLAND Council Communication February 19, 2013, Business meeting Approval of Special Procurement for Phase #2 of Calle Guanajuato Resurfacing Project FROM: Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us SUMMARY This is a request for City Council, acting as the Local Contract Review Board, to approve an exemption from the competitive bid process and directly award a contract to OBEC to provide project management, coordination of utilities, land use permitting, preparing plans, specifications and final design and cost estimates for the Calle Guanajuato resurfacing project. BACKGROUND AND POLICY IMPLICATIONS The Parks department is scheduled to resurface the Calle Guanajuato beginning late fall of 2013. Many details have to be worked out before the project can begin. Currently, OBEC Engineering is working with the department on Phase #1 of the project, including survey work and engineering. Staff would like to continue working with the same company, OBEC, for Phase 42: final design of the Calle resurfacing project. FISCAL IMPLICATIONS: The cost of this project phase is $40,649. The funds were budgeted in FY'13 in the Capital Improvement Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Special Procurement to Award contract. SUGGESTED MOTION: I move that Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approve the Special Procurement described therein. ATTACHMENTS: Special Procurement-Request for Approval (Written Findings) Page I of I Iin, CITY OF ASHLAND FORM #4 )DETER MINAT3IONS TO PROCURE PERS6Nfk RV GES $5,000 to $75000 To: Dave Kanner, Public Contracting Officer From: Don Robertson, Parks and Recreation Director Date: 2-8-13 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department's intent is to contract with OBEC, with whom we are currently contracting for Phase 1. We would like to move into Phase 2 of the Calle Guanajuato repaving project by February 28, 2013. The department would like to contract with OBEC for Phase 2, which includes: project management and coordination of utilities, land use permitting, preparing plans, specifications, final design, cost estimates and bid assistance for the Calle Guanajuato repaving project. The estimated cost and amount budgeted is $40,649 The timeline of the intended contract and Phase 2 of the project will be February 28, 2013, through December 31, 2013. The department has developed and fully plans to implement a written plan for utilizing such services, which will be included in the contractual statement of work. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City and Parks staff do not have the personnel and resources to perform the services required under this contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 211212013 CITY OF FORM #9 ASHLAND ,SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Ashland Parks and Recreation Date: 2-8-13 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 2-28-13 To: 12-31-13 5. Total Estimated Cost: $40.649 6. Short title of the Procurement: Calle Guanajuato Resurfacing Project-OBEC Phase 2 Supplies and/or Services or class of Supplies and/or Services to be acquired: Phase 2: Final Design, engineering, environmental permitting and utility coordination services in preparation for resurfacing the Calle Guanajuato. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Initial contract in the amount of $18,531 for Phase #1 was awarded by direct appointment. This contract specific special procurement is being used to seek an exemption from the competitive bid process to directly award a contract of Phase #2 to the same company. Form #9 - Special Procurement- Request for Approval, Page 1 of 4, 2/12/2013 Proposed procedure: Directly award a contract to OBEC for Phase #2 of the Cal le project. Will be completed with Phase #1 of the project by late February 2013. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Initial contract in the amount of $18,531 for Phase #I was awarded by direct appointment. Seeking an exemption for the competitive bid process to award Phase #2 to the same company. 9. Findings to Satisfy the Required Standards: This proposed special procurement: _X_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The company already has knowledge of the project and previously worked on a Calle project, prior to the 1997 flood. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: N/A (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065, or 27913.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 4, 2/12/2013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - February 20, 2013 (If approved by Council) Form #g - Special Procurement- Request for Approval, Page 3 of 4, 2/12/2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 20, 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on if approved, February 19, 2013 This is a "Contract-specific special procurement " to directly mrard a contract to OBEC for Phase 2of the Calle Guanajuato Resurfacing project which includes: project management and coordination of utilities, land use permitting, preparing plans, specifications, final design, cost estimates and bid assistance . The estimated cost and amount budgeted is $40,649 The timeline of the intended contract and Phase 2 of the project will be February 28, 2013 through December 31, 2013 It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 2798.055, 27913.060, 2796.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland OR 97520. The seven (7) protest period will expire at 5:00pm on February 27, 2013 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Fonn #9 - Special Procurement- Request for Approval, Page 4 of 4, 2112/2013 January 22, 2013 Don Robertson Director Ashland Parks & Recreation Department 340 S. Pioneer Street Ashland, OR 97520 RE: Calle Guanajuato Resurfacing Project, Phase 2 OBEC Proposal No. P505-004 Dear Mr. Robertson: OBEC Consulting Engineers appreciates the opportunity to provide the Ashland Parks & Recreation Department with this proposal to provide final design engineering, environmental permitting, and utility coordination services for resurfacing the Calle Guanajuato along Ashland Creek in downtown Ashland. This proposal presents our understanding of Phase 2 of the project, our proposed scope of work, and our not-to-exceed budget for Phase 2 services. Project Backaround The Calle Guanajuato is a linear'` "A pedestrian plaza adjacent to Lithia Park along Ashland Creek between Winburn Way and North Main Street. The Ashland Parks & Recreation Department owns the Calle and commonly rents space along the alleyway to members of the Lithia Artisans Market and adjacent restaurants for outdoor seating. Supply vendors often drive supply trucks on the Calle to deliver food and supplies to the back entrances of restaurants and retail businesses. Starting in June of 2012, OBEC began working on Phase 1 of the Calle Guanajuato Resurfacing Project. The scope of these services included collecting topographic survey and utility data, land use permit coordination, and preparing preliminary design concepts and cost estimates. OBEC is currently working on completing Phase 1 of this project. Remaining items include preparing preliminary design drawings with an itemized cost estimate and further coordination with underground utilities within the project area. Don Robertson January 22, 2013 Page 2 OBEC has prepared the following scope of services for Phase 2 of the project. Scope of Work (Phase 1) Task 1 - Project Management and Coordination Sub-Task 1.1: Project Management & Coordination - The major objectives of this task are to schedule, coordinate, and supervise project work and to establish lines of communication between OBEC and City of Ashland staff. OBEC shall keep the Ashland Parks & Recreation project manager informed of the Project work progress and aware of changes that may affect the Project, the schedule, and related costs. OBEC shall prepare and provide monthly project invoices with progress reports to Ashland Parks. Sub-Task 1.2: Design Review Meetings - For budgeting purposes, it is assumed that two (2) OBEC staff members from the Medford office will attend two (2) design review meetings to discuss the project with Ashland Parks and Recreation staff and coordinate design details. Task 2 - Information Gathering/Topographic Survey and Mapping -Reserved- Task 3 - Land Use Permit Coordination Task 3.4: Final Land Use Permitting Coordination - OBEC shall provide final coordination with Ashland Parks & Recreation staff and City of Ashland Planning staff in obtaining necessary land use permit(s). The Ashland Parks & Recreation Department will be responsible for paying all fees associated with the permits, as necessary. Task 4 - Prepare Preliminary Design Concepts and Cost Estimates -Reserved- Task 5 - Utility Coordination Task 5.1: Ongoing Utility Coordination -OBEC shall identify and locate all utilities within the project limits, initiate contacts with utilities, and coordinate relocations needed for construction of the Project. This work includes, but is not limited to, coordinating and collecting utility- provided three-dimensional location of any underground utilities that may be in conflict with the Project work, and coordinating with the utility owners to resolve those potential conflicts. Task 5.2: Utility Coordination Site Visits - OBEC shall schedule, attend and document on-site meetings with potentially affected utilities. The meetings shall be conducted on the Project site after impacts have been identified. For budgeting purposes, attendance at a maximum of three (3) site meetings is anticipated, each of which may last up to two (2) hours including travel time. Task 5.3: Conflict Letter Notifications - For each utility found in potential conflict with the proposed design, OBEC shall prepare a Utility Conflict Notification Letter informing the utility of the potential conflict and the need to relocate/adjust the utility facility and required timing Don Robertson January 22, 2013 Page 3 of relocation. OBEC shall work with each utility to verify a relocation plan that is not in conflict with the Project. Once OBEC has confirmed the relocation plan with each utility, a Timing Requirements Letter will be sent to the each affected utility. When Consultant has made proper arrangements with each utility owner, to either clear the right of way of their utility facilities prior to construction, or for relocation to occur during construction so as to not delay the contractor, OBEC shall provide the City with a written summary. Task 6 - Prepare Advance (90%)Plans, Specs & Cost Estimate Task 6.1: Prepare Advance Plans - OBEC will prepare and submit Advance (90%) contract plans for review by Parks Staff. City feedback from the preliminary plans will be incorporated into the advance plans. OBEC will incorporate City of Ashland standards into the drawing set, as needed. Project elements will include the installation of concrete pavers, reinforced concrete walkways, and minor stormwater improvements. All plan sheets will be produced in 1 1" x 17" format and submitted on paper and electronically for review. Task 6.2: Prepare Advance Specifications - OBEC shall prepare draft specifications and special provisions for review and comment by Ashland Parks Staff. Specifications shall conform to the 2008 Oregon Standard Specifications for Construction and City of Ashland Standards. Task 6.3: Prepare Advance Quantities/Cost Estimate - OBEC shall calculate detailed construction quantities and generate a detailed Engineer's Cost Estimate to accompany the Advance plans for review by Ashland Parks Staff. Task 6.4: Advance QA/QC Review - According to OBEC policy and procedures, OBEC shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to Ashland Parks. Documentation of this internal review will be kept in OBEC's project files and will be available to Ashland Parks & Recreation upon request. Task 7 - Prepare Final Plans, Specs & Cost Estimate Task 7.1: Prepare Final Plans - OBEC will prepare and submit final contract plans for the purposes of bidding. City feedback from the advance plans will be incorporated into the final plans. All plan sheets will be produced in 1 1" x 17" format and submitted on mylar film. Task 7.2: Prepare Final Specifications - OBEC shall prepare final specifications and special provisions for the puposes of bidding. Specifications shall conform to the 2008 Oregon Standard Specifications for Construction and City of Ashland Standards. Task 7.3: Prepare Final Quantities/Cost Estimate - OBEC shall calculate detailed construction quantities and generate a detailed Engineer's Cost Estimate to accompany the final plans. Task 7.4: Final QA/QC Review - According to OBEC policy and procedures, OBEC shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to Ashland Parks. Documentation of this internal review will be kept in OBEC's project files and will be available to Ashland Parks & Recreation upon request. Don Robertson January 22, 2013 Page 4 Task 8 - Bid and Award Assistance Task 8.1: Bid Assistance - OBEC shall assist Ashland Parks Department during the bidding process for the project by answering bidder questions and preparing addenda, as necessary. Ashland Parks will be responsible for advertisement, duplication and distribution of bidding documents, and receipt of all bids. OBEC will assist Ashland Parks with evaluation of bids, if requested. Fee OBEC proposes to complete Tasks 1 through 8 on a time-and-materials basis with a not-to- exceed limit of $40,649.00. A breakdown of projected hours per task is attached in Table 1. Project billings will be prepared on a monthly basis based on the attached 2012 OBEC rate sheet. We appreciate the opportunity to present this proposal to you for this project. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, Jeff Bernardo, PE CITY OF ASHLAND Council Communication February 19, 2013, Business meeting Adoption of a Funding Agreement between the City of Ashland and the Oregon Department of Forestry FROM: Ali True, Firewise Communities Coordinator, Ashland Fire & Rescue, ali.true@ashland.or.us SUMMARY With Council approval, Ashland Fire & Rescue will enter into an agreement with the Oregon Department of Forestry (ODF) for $75,000 dollars to support the removal of fire-prone vegetation around Ashland homes and Firewise Community neighborhoods. This grant will reimburse homeowners for removing fire-prone vegetation after completing a free wildfire safety home assessment, and reimburse Firewise Communities for removing fire-prone vegetation according to their Firewise Action Plans. There is no match required from the City. Administration time and - supplies are included as approved grant expenses. BACKGROUND AND POLICY IMPLICATIONS: This grant is similar to previous ODF-funded grants that have assisted Ashland residents in creating defensible space around their homes with the intent of preventing home loss to wildfire, and limiting the spread of wildfire in Ashland. Grant reimbursement is limited to City of Ashland residents who have not previously completed a grant. The maximum amount of reimbursement will be $500 for removal/modification of fire-prone landscaping within 30 feet of a home, or work approved in a Firewise Community Action Plan. Grass and weed cutting expenses are not eligible under this grant. To participate in the program, residents must first obtain a free wildfire safety home assessment that will include site-specific recommendations for creating defensible space around a structure, or be a recognized Firewise Community. Work must be completed by December 1, 2013, to be eligible for reimbursement. A homeowner or contractor can do the work. All debris must be removed from site before reimbursement. All efforts made toward creating defensible space around homes in the City of Ashland support Ashland's Firewise Communities and progression towards a Fire Adapted Community. This funding will allow the treatment of up to 15 Firewise Communities and 100 homes. The grant source is the Oregon Department of Forestry, dispersing U.S. Forest Service funds intended for biomass removal. FISCAL IMPLICATIONS: The cost of administering this grant is an approved use of grants funds. There are no costs to the City for accepting this grant. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends adopting the funding agreement. Page t of 2 ~r, CITY OF ASHLAND SUGGESTED MOTION: I move to adopt the funding agreement with the Oregon Department of Forestry for Ashland Firewise and Community Biomass Fuel Reduction. ATTACHMENTS: Funding Agreement Page 2 of 2 11F W, Federal Grant Name: Ashland Firewise and Community Biomass Fuel Reduction Federal Grant Number: 12-DG-11062764-027 Termination Date: 12131/2014 ODF Project Number: 449990-11 Project Award: $75,000 Grant Contract Agreement Between OREGON DEPARTMENT OF FORESTRY And CITY OF ASHLAND, FIRE & RESCUE Ashland Firewise and Community Biomass Fuel Reduction This contract is entered into between the State of Oregon acting by and through the Oregon Department of Forestry (Grantee, hereinafter referred to as "ODF), and City of Ashland, Fire & Rescue, (Sub-Grantee). In accordance with the terms and conditions of this contract, ODF shall sub-Grant to City of Ashland, Fire & Rescue a maximum sum of $75,000 for the purpose of providing the City of Ashland Fire and Rescue with funding to assist property owners in completing fuels removal projects that are in accordance with their Firewise assessment mitigation plans using funds provided through the U.S.D.A. Forest Service. This contract is contingent upon the availability of Federal funds. The parties agree and acknowledge that their relationship is that of independent contracting parties and that Sub-Grantee is neither an officer, employee, or agent of the State of Oregon as those terms are used in ORS 30.265 or otherwise. This contract, including Exhibits A-C, constitutes the entire contract between the parties. The failure of a party to enforce a provision of this contract does not constitute a waiver by that party of that or any other provision. A copy of the Project Plan is hereby considered to be a part of this contract (Exhibit A). STATEMENT OF WORK Sub-Grantee shall perform the work as set forth in the Project Plan (Exhibit A) in accordance with the terms and conditions of this contract. SECTION 1: TERMS AND CONDITIONS 1.1. General Assurances. Sub-Grantee shall comply with all applicable Federal, State, and local laws, and all regulations, policies, standards, and guidelines provided in, but not limited to: OMB Circular A-133 entitled "Audits of States, Local Governments and Non- Profit Organizations"; 2 CFR part 215; OMB Circular A-87, entitled "Cost Principles for State, Local and Indian Tribal Governments"; OMB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; OMB Federal Register Notice; Forest Service Award Provisions; Oregon Revised Statutes (Chapter 477, Fire Protection of Forests and Vegetation) hftp://www.leg.state.or.us/ors/477.htmi and associated administrative rules (OAR Chapter 629, Division 43) hftp://arcweb.sos.state.or.us/rules/OARS 600/OAR 629/629 043.html; the Oregon Forest Practices Act (ORS 527) hfti)://www.leg.state.or.us/ors/527.html; and, administrative rules (OAR 629, Divisions 600-680 hftp://arcweb.sos.state.or.us/rules/OARS 600/OAR 629/629 tofc.html. Copies of OMB circulars may be found at: hftp://www.whitehouse.gov/omb/circulars/index.html. 1.2. Impermissible Uses. Grant funds are not available to retire any debt, supplant or replace funds or other resources that would otherwise have been made available for the Project, to construct new buildings or remodel existing facilities, to purchase land, to purchase buildings, to provide or support for activity outside the scope or timeframe of the project, or 1 to cover any costs incurred prior to the effective date of this contract or after termination of this contract. 1.3. Term of Contract This Contract is effective on the date it has been signed by all parties and all required State of Oregon approvals have been obtained, and shall continue in full force until 3/31/2014, unless extended by written contract of all parties or terminated per the following contract provisions. 1.3.1. Inadequate or Non-performance. ODF reserves the right to terminate this grant award for inadequate or non-performance of the Project Plan, and Sub-Grantee agrees to return any grant funds in the event the terms, conditions, or certifications of this contract are not met to the satisfaction of ODF. 1.3.1.1. Inadequate performance is defined as problems in the administration or delivery of accomplishments. ODF shall provide written notice to Sub-Grantee describing the performance deficiency. ODF may provide Sub-Grantee with a time period for corrective action not to exceed ninety (90) calendar days from the date of effective notice. 1.3.1.2. Non-performance is described as specific provisions provided in the contract, Federal regulations, and State regulations (particularly the Forest Practices Act) governing this contract. ODF shall provide Sub-Grantee with a time period for corrective action not to exceed thirty (30) calendar days from the date of effective notice. 1.3.2. Notice of Termination. This contract may be terminated by either party, or performance suspended by either party, with thirty (30) calendar days' advance notice in writing under the following conditions: 1.3.2.1. In the event that funds for the continuation of the program become, for any reason, unavailable or so substantially curtailed as to make continued performance an unreasonable burden upon either party. 1.3.2.2. In the event that Sub-Grantee determines that the grant activities herein contemplated are no longer appropriate services to be provided by the Sub-Grantee organization. 1.3.3. Responsibilities after Termination. Termination of this contract shall not affect the Sub- Grantee obligations under this contract or ODF's right to enforce this contract in accordance with its terms. Specifically, termination of this contract shall not affect the Sub- Grantee representations and warranties, reporting obligations, indemnification obligations, obligations regarding use of the grant funds, record-keeping, audit, access and confidentiality obligations, obligations to comply with applicable federal requirements, or the ODF's right to recover from Sub-Grantee grant funds actually received by Sub-Grantee. In addition, termination of this contract shall not affect ODF's obligation to reimburse Sub- Grantee, or Sub-Grantee's right to obtain reimbursement from ODF, in accordance with Section 1.6 of this contract, for all actual allowable costs necessarily incurred by Sub- Grantee, during the period commencing on the effective date of this contract and ending on the termination date of this contract. 1.4. Fiscal Accountability. Financial Records, and Records Retention. Unless applicable federal law requires Sub-Grantee to utilize a different accounting system, Sub-Grantee shall create and maintain all fiscal records in accordance with generally accepted accounting principles and in sufficient detail to permit ODF, the Secretary of State's Office of the State of Oregon, the United States Department of Agriculture Forest Service, and their authorized representatives to verify how grant funds were used. 1.4.1. Expenditures. All grant expenditures shall be documented in such a way as to readily identify and distinguish expenditures specific to this contract from other federal or non- federal funding sources. 1.4.2. Funds Received. Sub-Grantee shall assume liability for all funds received pursuant to this 2 contract and shall assume responsibility for repayment to ODF of any expenditures not authorized by the contract. 1.4.3. Documentation. Sub-Grantee shall retain all documents (whether in electronic or hard copy form) relevant to the contract (fiscal, program, and administrative) for a period of at least seven (7) years from the date of termination of the contract. 1.5. Audits. Sub-Grantee will comply with requirements and standards under OMB Circular A- 133. In the event that Sub-Grantee expends $500,000 or more per year in federal funds, an audit pursuant to this circular is required. 1.5.1. Qualify for OMB Circular A-133 Audit. If Sub-Grantee qualifies for an OMB Circular A- 133 audit, Sub-Grantee shall notify ODF in writing of such qualification promptly after Sub- Grantee determines that it so qualifies. Sub-Grantee shall report the grant funds received hereunder as pass-through funds on Sub-Grantee Schedule of Expenditures of Federal Grants, and promptly after completion of the audit shall furnish ODF with a written copy of all audit findings applicable to Sub-Grantee project or notify ODF in writing that the audit resulted in no findings applicable to Sub-Grantee project. Sub-Grantee shall assist in all compliance audits of Sub-Grantee's project conducted by ODF, the Secretary of State Office of the State of Oregon, the United States Department of Agriculture Forest Service, or their duly authorized representatives. 1.5.2. Record Availability. At any time during normal business hours, all records including landowner participant, program, and financial records pertaining to this contract, shall be available and accessible to the ODF or any of their duly authorized representatives for the purpose of audit, monitoring, or examination. 1.5.3. Record Retention. If there are unresolved audit questions at the end of the seven-year period, Sub-Grantee shall retain the records until Sub-Grantee receives notice from ODF that the audit questions have been resolved. 1.6. Basis of Payment This is a reimbursable grant program. Sub-Grantee must complete or make progress on the Project Plan before grant funds will be disbursed. Grant funds are made on a reimbursable basis, after the Sub-Grantee has completed Project Plan work on the project. Sub-Grantee may request disbursement of the grant funds for up to a three month period, but no more than once per month, using the Request for Reimbursement, Financial and Accomplishment Report form (Exhibit B). 1.6.1. Funds Disbursement. As described in more detail in Exhibit A, ODF shall disburse grant funds within forty-five (45) calendar days of receiving a properly completed, including, but not limited to, being true and accurate Request for Reimbursement, Financial and Accomplishment Report form from Sub-Grantee. The invoice shall also include the number of acres accomplished, the project targets, the number of workers, and the total number of hours invoiced. 1.6.2. Recovery of Grant Funds. In the event of Sub-Grantee's default hereunder and in addition to any other remedies that may be available to ODF, ODF may demand repayment of any or all of the grant funds previously disbursed to Sub-Grantee hereunder and Sub- Grantee shall repay such sums to ODF upon ODF's demand. 1.7. Amendments. Amendments to this Contract, including, but not limited to the following types of changes, shall require a written Amendment between Sub-Grantee and ODF. 1.7.1. Significant Change. A significant change, as determined by ODF, in program content or scope of work as described in the attached (Exhibit A) project application materials. 1.7.2. Contract Provisions. A change in any of the provisions of this contract. 1.7.3. Term of Contract. A change in the Term of the contract (as outlined in section 1.3) to extend the time period of the contract. 3 1.8. Reporting Requirements. Request for Reimbursement, Financial and Accomplishment Report (Exhibit B) will be submitted to the Field Project Coordinator at the ODF Medford office. 1.9. Program Income. Except as provided herein, Sub-Grantee may not collect cash associated with activities carried out under this grant. If, for any reason, program income is anticipated, Sub-Grantee shall provide ODF with a written description of such resource. Prior approval by ODF and Federal representatives will be required before any source of program income can be collected. Examples of possible program income include commercial timber sales and biomass utilization revenues. 1.10. Terms of Contract. Sub-Grantee is subject to the terms of that certain contract between ODF and the United States Forest Service, attached hereto as Exhibit C. SECTION 2: PROGRAM IMPLEMENTATION GUIDANCE 2.1. Project Site Inspection. Sub-Grantee agrees to allow the ODF the right to periodic inspection, without notice to Sub-Grantee, of the proposed project site. 2.2. Publications. In addition to the requirement in Section 5.16, any product, publication, and/or publicity must list the ODF and the USDA Forest Service as grant sponsors and/or financial contributors to the project. ODF will receive, from Sub-Grantee, two (2) copies of any publication or report arising from the use of these grant funds. 2.3. Forest Practices Act Compliance. All treatment areas are considered forest operations and must comply with the Oregon Forest Practices Act of 1971 rules and the Oregon Revised Statutes (Chapter 477, Fire Protection of Forests and Vegetation). These rules apply to timber harvesting, reforestation, road construction and repair, slash disposal (treetops, branches, brush, and tree limbs), chemical use and stream, and lake and wetland protection. Sensitive resource sites, such as bird nesting and roosting locations, and threatened and endangered species sites are also protected under the rules. Sub- Grantee must notify ODF of any forest activity at least fifteen (15) calendar days before beginning such activity by completing a Notification of Operations form at the Medford ODF office. 2.4. Suspension and Debarment Sub-Grantee certifies pursuant to 31 CFR Part 19 that neither it nor its contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this grant contract by any federal department or agency. Contractor(s) refers to those contracted by Sub-Grantee to conduct the work in the grant. 2.5. Confidentiality. Subject to Section 2.5.2, each party shall use reasonable efforts to maintain the confidentiality of any Confidential Information received from the other party and shall not use such Confidential Information except in performing. its obligations pursuant to this Contract. For purposes of Section 2.5, "Confidential Information" means information marked or designated in writing by either party as "confidential" prior to initial disclosure. 2.5.1. Exceptions. The confidentiality obligations imposed by Section 2.5 do not apply to: (a) information that becomes part of the public domain through lawful means and without breach of any confidentiality obligation by ODF; (b) information subsequently and rightfully received from third parties who have the necessary rights to transfer the information without any obligation of confidentiality; (c) information that was known to ODF prior to the Effective Date without obligation of confidentiality; (d) information that is independently developed by ODF and documented in writing without use of, or reference to, any Confidential Information of the other party; or (e) information required to be disclosed by compulsory judicial or administrative process or by law or regulation; provided that if either party is required to disclose Confidential Information under clause 4 (e), that party shall first give the other party notice and shall provide such information as may reasonably be necessary to enable the other party to take action to protect its interests. 2.5.2. Public Records. ODF may disclose Confidential Information to the extent disclosure is required by the Oregon Public Records Law (ORS 192.410 to 192.505). If ODF receives from a third party any request under the Oregon Public Records Law for the disclosure of Sub-Grantee Confidential Information, ODF shall notify Sub-Grantee within a reasonable period of time of the request. Sub-Grantee is exclusively responsible for defending Sub-Grantee's position concerning the confidentiality of the requested information. ODF is not required to assist Sub-Grantee in opposing disclosure of Confidential Information. SECTION 3: GENERAL PROVISIONS 3.1 Force Maieure. No party shall be held responsible for delay or default caused by fire, civil unrest, natural causes, and war that is beyond that party's reasonable control. Each party shall, however, make all reasonable efforts to remove or eliminate such cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this contract. 3.2 Indemnification. Sub-Grantee assumes all responsibility for compliance with the regulations and guidelines and agrees to defend or cause to be defended and to indemnify and hold harmless (subject to any limitation imposed by ORS chapter 180 and ORS 30.260 to 30.300 (Oregon Tort claims Act) the State of Oregon, the Oregon Board of Forestry, the State Forester, and the Oregon Department of Forestry, it's officers, agents, employees, and members against any and all claims, suits, liens, damages, or causes of action for damages of any nature resulting from or arising out of the project activities of Sub-Grantee, its contractors, subcontractors, agents, or employees under the activities of this contract. 3.3 Sub-Grantee's Sole Liability. Sub-Grantee, pursuant to this agreement with the State of Oregon, shall assume sole liability for Sub-Grantee's breach of the conditions of the grant, and shall, upon Sub-Grantee's breach of grant conditions that causes or requires the State of Oregon to return funds to the grantor, hold harmless and indemnify the State of Oregon for an amount equal to the funds which the State of Oregon is required to pay to Sub-Grantee. SECTION 4: CONTACTS 4.1 ODF Field Representative. Matt Krunglevich, Field Project Coordinator (541-664-3328) Address: 5286 Table Rock Rd, Central Point, OR 97502 • Contact for implementation activities and questions. • Receives reporting documentation and payment requests for review and approval. • Assistance with meeting requirements of the Oregon Forest Practices Act. • Assistance with questions related to tax reporting requirements. • On-site monitoring and visitations. • Initial and final site assessment for NFPORS reporting on Fire Classification percentages and levels. 4.2 ODF Contract Monitoring and Management. Norm Miller, Salem Grant Coordinator (503-945-7419) Address: 2600 State Street, Salem, OR 97310 • Technical assistance on contract provisions s • Receives reports and payments requests from ODF Southwest Oregon District for reporting compilation and payment processing 4.3 Sub-Grantee Representative. John Karns, Fire Chief (541482-2770); Alternate: Ali True (541-482-2770). Address: Ashland Fire Department, 455 Siskiyou Blvd., Ashland, OR 97520 6 SIGNATURES NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed as of the dates set forth with their respective signatures. OREGON STATE DEPARTMENT OF FORESTRY: Norman Miller Date Partnership Development Program Director City of Ashland, Fire & Rescue is a public organization duly organized and validly existing under the laws of the State of Oregon. Sub-Grantee has full power, authority and legal right to make this contract and incur and perform its obligations hereunder. John Karns Date City of Ashland, Fire & Rescue 7 Exhibit A Project Plan Ashland Firewise and Community Biomass Fuel Reduction The information below describes the purpose and need for the Ashland Firewise and Community Biomass Fuel Reduction Grant (Grant). The resulting contract is between the Oregon Department of Forestry (ODF) being the Grantee, and the City of Ashland, Fire & Rescue being the Sub-Grantee. Scope The purpose of this project is to provide funding to the Sub-Grantee so that they can expend the funds among recognized Ashland Firewise Communities and individual landowners outside of Firewise communities for the purpose of creating defensible space around homes. Specifically, the Sub-Grantee will provide funding both to individual landowners within and outside of Firewise Communities and to the Firewise Community groups to remove hazardous vegetative material from home ignition zones and common areas so that they are in accordance with the Firewise assessment mitigation plans. Each individual landowner may apply for a maximum of $500 to be reimbursed once the work is completed by the contractor of their choice or by themselves and approved by the Firewise Coordinator and Firewise Community groups will be eligible for an amount between $1500 and $2500, depending on size of community, also reimbursed after the work has been completed and approved. Sub-grantee administrative and supply costs associated with this grant are eligible for reimbursement in the project award. The benefits of the project are that it will: • Support Firewise Communities programs throughout Ashland, strengthening ownership in fire mitigation and helping to disseminate the education and prevention message to a wider audience. • Allow for individual neighborhood solutions to hazard reduction with options for onsite chipping, drop-off points, or scheduled pick-ups with the details and arrangements made by the neighborhoods utilizing the services. • Provide the opportunity to gain experience and collect data to determine the best, most cost-effective solutions for future fuels removal projects. • Distribute funds among recognized Ashland Firewise Communities, providing geographical relevance for the Firewise Community Protection Achievement certification. • Support the creation of defensible space around Ashland homes, removing hazardous vegetation to prevent the spread of wildfire within the City of Ashland. The objectives are to: 1. Complete National Fire Plan Operations and Reporting System forms for the Grant to record types of treatments and acres treated. 2. Deliver a report to the CWPP Fuels Committee on the types of solutions used by each Neighborhood and their effectiveness to be used as a resource for future fuels removal projects through Firewise Communities. Targets. The Ashland Fire & Rescue Firewise Coordinator plans to perform Firewise evaluations and reduce hazardous fuels around approximately 100 individual landowner homes and within up to 15 Ashland Firewise Communities groups. 8 Statement of Work. The Sub-Grantee will provide funds to each Firewise Community and some individual landowners outside a Firewise Community to reimburse landowners or the Community group to remove, chip and/or transport excess forest residual material that is considered a fire hazard within home ignition zones and common areas. The Sub-Grantee will ensure that all vegetation removal plans are in accordance with the approved Firewise Action Plan on file. The Sub-Grantee will also provide free wildfire assessments for individual property owners to remove fire-prone vegetation according to the assessment, encouraging residents who do not live within a recognized Firewise Community to also create defensible space and reduce fire spread within the City of Ashland. The Sub-Grantee will review the completed projects and approve payment and subsequently request reimbursement from the Grantee. The biomass collected from project sites will be transported to a collection site to be used for parks material or compost. Material will not be either sold or burned. Treatment Specifications. The treatments will be done in accordance with the Firewise home assessment procedures for individual landowners and Firewise assessment mitigation plans for each neighborhood. Responsibilities The ODF and Sub-Grantee duties as it pertains to this contract are described below. Methods are subject to change in order to satisfy requirements of this Grant's reporting, or to accommodate developing Sub-Grantee or ODF methodologies. City of Ashland Fire & Rescue Responsibilities: 1. Sub-Grantee will solicit landowner and Community group participation in a Firewise inspection and accept applications for treatments to achieve the objective of hazardous fuels reduction. 2. Sub-Grantee will approve applications, estimate the acreage to be treated, set the rate of reimbursement, and monitor for compliance with treatment specifications. 3. Sub-Grantee will reimburse the landowners the agreed upon reimbursement rate. 4. Billing Packet. Sub-Grantee will prepare a billing packet for completed units to be submitted to the ODF Field Representative for payment through the grant. Sub-Grantee may submit a billing packet each calendar month or at least each calendar quarter. The packet will include: a. A completed Exhibit B - Request for Reimbursement, Financial and Accomplishment Report. b. A detailed list of completed Firewise inspections and treatments with the amount reimbursed to each landowner or Community group. c. Details of Sub-grantee personnel costs with name, date worked, hours, hourly rate, and total amount paid. d. Detail of supply costs - what was purchased and cost. ODF Responsibilities: 9 1. ODF may visit site(s) during and after operational periods to monitor work to ensure compliance with this contract and the Oregon Forest Practices Act. 2. ODF field representative will receive the billing packets from Sub-Grantee and review them for proper content. 3. When the billing packet is signed by the ODF field representative, the ODF field representative will prepare a cover page illustrating: a. Payment amount b. Homes treated c. Acres treated d. Green tons collected, if known. 4. The ODF field representative will forward the completed billing packet to the Partnership Development Office in Salem for official processing and approval. 10 Exhibit B REQUEST FOR REIMBURSEMENT, FINANCIAL AND ACCOMPLISHMENT REPORT ODF Project /Phase 449990-11 Ashland Firewise and Community Biomass Fuel Reduction Sub-Grantee Name: City of Ashland Fire & Rescue Address: 455 Siskiyou Blvd., Ashland, OR 97520 Phone Number: 541-482-2770 TIN Number DUNS Number: Reporting Period: Sub-Grantee Signature: Date Submitted: (report rant costs only) Personnel/Labor FINANCIAL Supplies REIMBURSEMENT Contractual Services TOTAL A ACCOMPLISHMENT Number of acres treated Community Affected i3RU_ S_ HjSHRUB JQON~TjROL 3-A Brush Control/Release- Chemical 1-A Brush Control -Chipping 1-E Brush Control/Release -Mowing/ Mastication PILING 1-C Hand Piling-Including Pullback 1-F Machine Piling SL'A°SHJTjREATLMENiT 2-A Burn-Broadcast 2-C Burn -Piles- Hand 2-E Burn Piles-Piles- Machine 1-A Chipping 1-D Lo or Cut and Scatter 1-E Mastication-Slash buster 1-G Biomass Removal- Acres PRUN_I_NG 1-H Pruning THI_NNIIVG 1-H Thinnin - Manual/Hand or Mechanical 1-H Thinning- Slashbuster Field Project Coordinator Date Federal Grant Coordinator Date Revised 7/2010 11 Exhibit C Insert: Contract between ODF and the United States Forest Service 12 CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Public Contract Award for Risk Management Advisor FROM Lee Tuneberg, Finance Director, tuneberl@ashland.or.us SUMMARY The City's Finance Department seeks approval to award a contract to Beecher Carlson Insurance Agency to perform comprehensive insurance advisory services, excluding employee benefits. The advisor will provide management advice and support to the City's risk management team, including but not limited to, annual insurance renewal, evaluating alternatives, negotiating changes, policy and procedure development, report preparation and presentations relating to insurance. The contract will be for a term of two years with the option to renew the contract annually for up to three additional years; a maximum term of five years. BACKGROUND AND POLICY IMPLICATIONS: The sourcing method for this procurement is a Competitive Sealed Proposal (Request for Proposal). The City mailed the RFP to 49 interested proposers and received five (5) proposals in response to the City's RFP. The proposals were evaluated and scored by a four-person evaluation committee in accordance with the evaluation process and criteria outlined in the RFP. Upon the completion of the evaluation process, Beecher Carlson Insurance Agency was declared the highest ranked proposer. Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. FISCAL IMPLICATIONS: These funds are budgeted for FY 2012-2013 and will be included for BI 2013-2015. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract be awarded to Beecher Carlson Insurance Agency. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Beecher Carlson Insurance Agency. ATTACHMENTS: RFP - Evaluation Summary Page I of I p`, ~ ~ N N o0 O N O O y.Y3, 3G 'n N N m n ~ 3 ro m m o ~ O ~ iG ~ N N M ~ M U ~ N N rhn O R n vi N O N~ - ~ N N W O ~n L1 op `Y R O O M O v~ rn U N it N N m C ~ O e. ~ M N ~n O\ O O a0 l~ N O R y h N m ~ a C C O CO L ~ ~ N N ~ ~m-i f` r > E S c O Q ]t 'n M N M =CF "N O C~ ~ L d _ O W V R l0 R Q ~ ~ O O N O h O O M W L ^I U W Q y G~ N o 0 00 0 ~n o o m CV c d q a WK' ~ 0. m~ ~ N O O O O ~ ~ ~ M N R vl vl 1~ O O O O N 7G ~ N N M ^ N taJ } O M V h a N N .M. ~ .m. 00 M O Q o u C N d N M a W ~n O ^ ~ O ~ y ik N N M ~ z d ~ ~n ~n vi o o c `n iY ~ N N N r [--Q .7 C O O O O vt O O = Q a M M V n ~--i ti 'y Lr~ O 2 u a/ M-2 Q 9 d ' z CC' ~ O Y N H +i' ~ r 9 q = ~ G ~ R p q 9 d v X q ~ y O O 9 d 8 ~ ~ w .a wa 4 w vv do z ~ ~ a v. ~ - n n a v. v r m q~ CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Approval of a Contract Amendment with Liquivision Technology FROM: Steve Walker, Water Quality and Distribution Supervisor, walkers@ashland.or.us SUMMARY This contract amendment is required to pay an additional amount not approved in the original contact with Liquivision Technology for reservoir cleaning. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland Water Department contracted with Liquivision Technology to clean and inspect Crowson and Alsing reservoirs. Liquivision Technology specializes in cleaning and inspecting potable water storage reservoirs through the use of certified and specially trained divers. The initial contract required Liquivision to inspect both reservoirs and remove up to two inches of accumulated sediment from the bottom of the tanks. During the inspection and sediment removal process it was discovered that additional cleaning of the tanks walls should be done to remove a residue build up. Routine cleaning and inspection of the City's potable water reservoirs is essential to maintain the integrity of both the structure and the City's drinking water. FISCAL IMPLICATIONS: The original approved contract with Liquivision Technology was $7,300. The amendment to the original contract is $3,840.00. The final total cost for cleaning amounted to $11,140.00 resulting in a 53% increase over the original contract amount. The additional monies are accounted for within the water distribution budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of a $3,840.00 amendment to the existing contract with Liquivision Technology SUGGESTED MOTION: Move to approve a contract amendment with Liquivision Technology in the amount of $3,840.00. ATTACHMENTS: Contract Amendment-Liquivision Technology Page I of 1 ~r, ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PERSONAL SERVICES LESS THAN $35,000 Addendum made this eighth day of February, 2013, between the City of Ashland ("City") and Liquivision Technology ("Consultant"). Recitals: A. On 12-10-2012 the City and Consultant entered into a "City of Ashland Contract for Personal Services Less than $35,000" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to increase the compensation to be paid Consultant. City and Consultant agree to amend the agreement in the following manner: 1. The maximum price as specified in the original contract between the City and Consultant is increased to $11,140. 2. Except as modified above the terms of the agreement shall remain in full force and effect. CONSULTANT: CITY OF ASHLAND: BY BY Department Head Its Date DATE Purchase Order# Acct. No.: (For City purposes only) 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR PERSONAL SERVICES CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Appointment to Public Arts Commission FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Confirm Mayor's appointment of Krista Hepford to the Public Arts Commission with a term to expire April 30, 2016. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Public Arts Commission on application received. Ashland Municipal Code (AMC) Chapter 2.17.020 FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve appointment of Krista Hepford to the Public Arts Commission with a term to expire April 30, 2016. ATTACHMENTS: Application received Page 1 of I ~r, RECEIVED CITY Of NOV z s 2012 ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christehaashiand.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Krista Hepford Requesting to serve on: -Public Arts Commision Address 885 Clay Ashland, OR Occupation- Art Education Director, Madcap Logic Phone: Home- 785-979-4038 (cel) Email- krista@kdhstudios.com Education Background What schools have you attended? Fort Hays State University- KS Arkansas Tech University, Baker University What degrees do you hold? Bachelor- Art What additional training or education have you had that would apply to this position? 10+ years in teaching art - continued education in the art of various cultures 1. Related Experience What prior work experience have you had that would help you if you were appointed to this position? 3years managing a photo studio, 4years running creative studio, ran community art outreach programs and school shows Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Sure. I enjoy opportunities for lifelong learning. 2. Interests Why are you applying for this position? It's an area I feel confident in and I want to be part of this new beautiful community. We moved here just this year and I am searching for a way to contribute. 3. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, evening meetings would work well for me. My husband can be home with my daughter so that you may have my undivided attention. As for the regular meetings at 8:15 every 3`d Friday, I must bring my 10 year old daughter with me. She is schooled part time with me and part time at Willow Winds. She can busy herself with studies while we meet, though I wouldn't mind if she learned about contributing to community - an important lesson in itself. 4. Additional Information How long have you lived in this community? 5 months and here to stay - My husband acquired a great position at a local accounting firm and my daughter is very happy with her new education and various community activities for children. Please use the space below to summarize any additional qualifications you have for this position With a degree in design and experience in cultural studies in art, I feel that I would benefit the committee. As a new member of the community, I would be able to offer fresh insights. My previous experience organizing community art events and running a studio gives me the added advantage of understanding finances and people. A strong commitment to art in our daily environment and enhancing existing beauty by having art work in harmony with our surroundings is evident in Ashland, and something I would like to be a part of in the future. -201Z Date Signatu ~r, CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Consent to Legal Representation by David Lohman on Mt. Ashland Ski Area Matters FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us SUMMARY This item seeks Council approval to authorize the Mayor to sign a letter consenting to legal representation of the City by David Lohman on matters related to the Mount Ashland ski area, notwithstanding his former law partner's advocacy for Mt. Ashland Association. BACKGROUND AND POLICY IMPLICATIONS: Until June 5, 2011, City Attorney David Lohman was a partner at the law firm of Huycke, O'Connor, Jarvis & Lohman, LLP. Another partner in that fine represented Mt. Ashland Association ("MAA") in Mt. Ashland Association v. City of Ashland Although Lohman did not participate in any way in the representation of MAA and was not privy to any confidential information about the association, MAA was a client of the firm and is nominally Lohman's former client, as defined in the Oregon State Bar's Code of Professional Responsibility. Because Lohman received no confidential information about MAA that could be used in the future to the detriment of MAA, the association has executed a written consent to and waiver of any conceivable right it might have to object to Lohman's representation of the City in future matters involving the Mt. Ashland ski area. Similarly, the Council is being asked in this agenda item to make a formal decision on whether to have Lohman represent the City in future matters touching on the Mt. Ashland ski area notwithstanding his former law partner's legal work on behalf of MAA. The attached consent letter explains that no actual client conflict exists under these circumstances. The only reason for these formal mutual waivers is bring this issue to public attention and make clear that the Council has, with full knowledge of the relevant facts, consented to having Lohman perform legal work for the City on matters related to Mt. Ashland ski area. FISCAL IMPLICATIONS: Not applicable. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council authorize the Mayor to provide such written consent on behalf of the City. SUGGESTED MOTION: I move Council authorize the Mayor to sign a formal consent to legal representation of the City by David Lohman on matters related to the Mount Ashland ski area. ATTACHMENTS: 1) Consent letter to Mt. Ashland Association dated 11/21/2011; 2) Consent letter to Mayor John Stromberg dated 2/14/2013. Page I of I pr, CITY OF ASHLAND LEGAL DEPARTMENT David H. Lohman, City.Attwney Douglas M. McGeary, Asst City Attorney Kris Bechtold, Paralegal November 21, 2011 Fro) r, I fl - Mr. Kim Clark vD EC 1 2011 General Manager Mt. Ashland Association P.O. Box 220 Oy- - Ashland, OR 97520 Re: Mt. Ashland Association Expansion Our File No. 100.3K Dear Kim: As you know, l was a partner at Huycke, O'Connor, Jarvis & Lohman, LLP, until June, 2011. I left to become City Attorney for Ashland. Because my former partner Darrell Jarvis represented Mt. Ashland Association ("MAN) in ML Ashland Association v. City of Ashland, any work I were to do in the future for the City on matters affecting the ski area could be perceived to be contrary to the conflict of interest rules in the Oregon State Bar's Code of Professional Responsibility. This letter is to explain why there is no such conflict and to request your assistance in reducing the possibility that someone might mistakenly perceive such a conflict by formally consenting to my representation of the City on future matters in which the Mt. Ashland Association may have an interest. Now that litigation has been concluded and the parties have agreed in writing on transferring the Forest Service Special Use Permit to MAA, along with specified real and personal property within the permit area, the City would like me to provide legal advice oil MAA matters going forward, instead of relying on contracted outside counsel. To ensure there are no misunderstandings, I am advising the City of the full extent of my past involvement in and knowledge of MAA matters during my tenure with my former law firm and requesting the City's formal consent to my legal services on its behalf going forward. Similarly, this letter is to advise MAA of the fidl extent of my past involvement in and knowledge of MAA matters, including any confidential matters, and to request MAA's formal consent to my legal services on the City's behalf hereafter. When an attorney leaves a firm, the firm's clients technically become former clients of the attorney. When that attorney thereafter considers representing an entity whose interests.may LEGAL DEPARTMENT Tel: 541-488-5350 davld.lohman@ashl=d.or.us 20 East Main Street Pax: 541-552-2092 legalcontractor@ashland.ormss Ashland, Oregon 97520 TTY: 800-735-2900 bechtoldk®ashland.onus OVER d1 ~wx vm,im,wne<entml Mr. Kim Clark Mt. Ashland Association November 21, 2011 Page 2 conflict with those of such a former client, the attorney should notify the former client and provide a written statement on whether there is a material risk that the work the lawyer now proposes to do for his/her current client will unfairly or inappropriately undercut the work that the lawyer or his/her former firm previously performed or may perform in the future for the. former client. Of particular concern is whether information the former client disclosed in confidence to members of the firm might be used to the former client's detriment hereafter. In the present context, there is no possibility my past association with Mr. Jarvis, or with what was then Huycke, O'Connor, Jarvis & Lohman, LLP could disadvantage MAA. I say this because I did not perform any work of any kind for MAA and did not receive from Mr. Jarvis or anyone else in the firm any information about MAA in greater scope or depth than that contained in public news media articles. Prompted by such articles, I occasionally asked Mr. Jarvis about MAA's prospects for prevailing in the case, to which he responded with a general prognosis. These conversations, which occurred many months before I was considered for or went to work as Ashland's City Attorney, never got into details, strategies, or matters that seemed at all confidential. After consulting with Oregon State Bar Association staff, I believe the foregoing facts relieve me of the obligation to obtain informed consent from MAA and the City before representing the City on matters affecting MAA. Nevertheless; such mutual consents might prevent possible misunderstandings by third parties. Accordingly, I ask that you carefully consider this matter and let me know whether the MAA is willing to provide the consent below notwithstanding my previous law firm's representation of Mt. Ashland Association. I recommend that you consult independent counsel prior to deciding whether to consent to my representation of the City on future matters in which MAA may have an adverse interest. For that purpose, I am sending a copy of the email to which this letter is attached to your current attorney, Sarah Crooks. If, after such review as you deem appropriate, you are willing to consent to my representation of the City on matters of potential interest to MAA, please sign the enclosed extra copy of this letter and return it to me for my files. Should you need any additional information that I can provide in order to assist you in your review, please contact me. Sin ?Itly' 67~ avid H. Lohman cc: Sarah Crooks, Esq. Darrell Jarvis, Esq. (via email) I i.. Mr. Kim Clark Mt. Ashland Association November 21, 2011. Page 3 I, l'1 JYh l /art on behalf of the Mt. Ashland Association, hereby consent to David H. Lohman's represen tion of the City of Ashland hereafter in matters of potential interest to Mt. Ashland Association and waive any potential conflict arising from Mr. Lohman's partnership in the law firm which has represented the Mt. Ashland Association in the past, Huycke, O'Connor, Jarvis & Lohman, LLP. Dated: Mt. Ashland Association sY wit is 66i-n-,A-,rcn - 1 N 3 r 1 , 5 1 ~I ~lf~ ~ f try .,1 `1F, T~>F as l }y . x.ewfiv:mS C I T Y OF -AS H LAN D LEGAL DEPARTMENT David H. Lohman, City Attorney Douglas M. McGeary, Asst City Attorney Kris Bechtold, Paralegal February 14, 2013 Mayor John Stromberg City of Ashland 20 East Main Street Ashland, OR 97520 Re: Mt: Ashland Association Expansion Our File No. 100.3K Dear Mayor Stromberg: As you know, the City Council has expressed interest in having me represent the City in matters involving Mt. Ashland Association ("MAA") following the successful negotiation of an agreement by which the City transferred the Forest Service Special Use Permit to MAA. Because my former partner Darrell Jarvis at Huycke, O'Connor, Jarvis & Lohman, LLP represented MAA in Mt. Ashland Association v. City of Ashland, any work I do in the future for the City on matters affecting the ski area could raise conflict of interest questions. This letter is to explain why there is no such conflict and to request your assistance in reducing the possibility that someone•might mistakenly perceive such a conflict by formally consenting to my representation of the City on future matters in which may affect MAA. To ensure there are no misunderstandings, I have advised MAA of the full extent of my past involvement in and knowledge of MAA matters during my tenure with my former law firm and have obtained MAA's formal consent to my providing future legal services to the City. Similarly, this letter is to advise the City of the full extent of my past involvement in and knowledge of MAA matters, and to request the City's informed consent to my advising the City on matters potentially affecting MAA. When an attorney leaves a firm, the firm's clients technically become former clients of the attorney. When that attorney thereafter assumes representation of an entity whose interests may be adverse to those of such a former client, the attorney is obligated to notify the "new" client of this past connection and provide a written statement on whether there is a material risk that any loyalty to the former client may interfere with zealous representation of the "new" client. LEGAL DEPARTMENT Tel: 5541-488-5350 daviA lohmanCaashland.ocus 20 East Main Street Fax: 541552-2092 legelcontractor®ashland or.us Ashland, Oregon 97520 TTY: 800-735-2900 bechtoldkPashland.ocus I WA oomconn nu CMtM, Mayor John Stromberg City of Ashland February 14, 2013 Page 2 In the present context, there is no possibility my past association with Mr. Jarvis, or with what was then Huycke, O'Connor, Jarvis & Lohman, LLP, could disadvantage the City. I say this because I did not perform any work of any kind for MAA and did not receive from Mr. Jarvis or anyone else in the firm any information about MAA in greater scope or depth than that contained in public news media articles, Therefore, I participated in representing MAA only in the technical sense that one of my partners served as its attorney for a time without any involvement or knowledge of confidential matters on my part. After consulting with Oregon State Bar Association staff I believe such consent is not required from either the City or MAA in these circumstances. Nevertheless, putting such consent on the public record might prevent possible future misunderstandings by third parties. Accordingly, I ask that you carefully consider this matter and let me know whether the City is willing to provide the consent below notwithstanding my previous law firm's representation of Mt. Ashland Association. If the City is willing to consent after such review and consideration by the City Council as you deem appropriate, please sign the enclosed extra copy of this letter and return it to me for my files. Yo ruly, David H. unan City Attorney Enc 1, Mayor John Stromberg, on behalf of the City of Ashland, hereby consent to David'H. Lohman's representation of the City of Ashland in matters of potential interest to Mt. Ashland Association and waive any potential'conflict arising from Mr. Lohman's partnership in a law firm which has represented the Mt. Ashland Association in the past, the former Huycke, O'Connor, Jarvis & Lohman, LLP. Dated: 2013. CITY OF ASHLAND John Stromberg, Mayor CITY OF ASHLAND Council Communication February 19, 2013, Business meeting Approval of Special Procurement for Helicopter Forest Thinning for City of Ashland Winburn Property FROM: Chris Chambers, Forest Division Chief, Ashland Fire & Rescue, chamberc@ashland.or.us John Karns, Fire Chief, Ashland Fire & Rescue, karnsj@ashland.or.us SUMMARY The Fire Department seeks approval of a special procurement to award a contract for helicopter forest thinning and log transport to Columbia Helicopters, Inc., to implement the Council-approved "City Forestlands Restoration Project Phase III: Winburn Parcel (2009)." BACKGROUND AND POLICY IMPLICATIONS: The City issued a Request for Proposal in 2012 for helicopter thinning and fuels reduction associated with the Ashland Forest Resiliency Stewardship Project (AFR). The successful contractor, Columbia Helicopters, Inc. met all requirements and gained valuable experience during the first phase of work on AFR. In conjunction with the request for a special procurement for phase two of the AFR helicopter thinning project, the Fire Department is seeking approval of a special procurement to directly award a similar contract to Columbia Helicopters on the City of Ashland Winburn property. Due to the Winburn Project's relatively small number of acres and volume, there is a unique opportunity to partner with the adjacent work in the AFR project and take advantage of grant funding available from The Nature Conservancy for the Winburn work. The cost of completing the Winburn project alone has prohibited implementation since 2009. FISCAL IMPLICATIONS: 100% of the cost of the Winburn project will be covered by a grant as well as the value of the material to be removed. The contract amount is included in this year's budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the special procurement for the City Forestlands Restoration Project Phase III: Winburn Parcel. SUGGESTED MOTION: I move that the City approve the special procurement to allow direct award of a contract with Columbia Helicopters Inc. for the City Forestlands Restoration Project Phase III: Winburn Parcel. ATTACHMENTS: Special procurement form 49 Page 1 of 1 PFL, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: John Karns and Chris Chambers, Ashland Fire & Rescue Date: February 12, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Fire Department 2. Department Contact Name: Chris Chambers. Forest Division Chief 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From: 2/27/2013 To: 6/15/2013 5. Total Estimated Cost: Up to $335,000 6. Short title of the Procurement: City Forestlands Restoration Project Phase III: Winbunr Parcel Supplies and/or Services or class of Supplies and/or Services to be acquired: Contractor will provide tree falling helicopter yarding, and too transport services to accomplish the City Council approved plan (2009) titled "City Forestland Restoration Project Phase III: Winburn Parcel. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The City's W inburn restoration project has not been implemented to date due to financial limitations. The combination of a favorable market. grant funding through The Nature Conservancy, and the adjacent Ashland Forest Resiliency (AFR) helicopter forest thinning work present a unique opportunity for the City to accomplish this important forest health and fire hazard reduction project without additional City funding. Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 2113/2013 Proposed procedure: If City Council authorizes the Special Procurement, and upon expiration of the waiting period we expect to begin cutting operations in early March and helicopter yarding in April depending on helicopter availability. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Columbia Helicopters, Inc., having been successful in the initial RFP and implementing phase one of AFR project helicopter work in the city's watershed is now familiar with the intricacies of working with City staff and the community. Columbia has successfully interfaced with the public, met very specific requirements for resource protection and established a working relationship with City staff in a complicated and dynamic environment. In tandem with the associated Special Procurement for similar services in the AFR project phase two, there is a unique opportunity to pair the Winbum project with a larger adjacent project. 9. Findings to Satisfy the Required Standards: This proposed special procurement: (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: A Request for Proposal was issued by the City for the first phase of the AFR project with the caveat that future work was a possibility for the successful bidder. Without the work already completed by Columbia Helicopters as a result of a competitive bidding process, the City would not have this opportunity to move ahead on two critical projects at once. There was only one additional bidder in the original RFP process in 2012. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The combination ofa larger contract for the adjacent and simultaneous AFR project work with the smaller Winbum Project creates a cost savings to the City by spreading fixed costs over a larger volume of work Offered on its own, the W inbum Project is a relatively small volume of work and with long flight distances would leave the City with few opportunities to get theWinburn Project completed without takine on much of the cost with City funds. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: With AFR phase one completed Columbia Helicopters is in a unique position with knowledge of local influences relationships, and opportunities that lead to a successful operation in a highly sensitive location The City also believes that Columbia's helicopters are best suited to meet production timelines that meet our funding deadlines in the AFR and Winbum projects. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #g - Special Procurement- Request for Approval, Page 2 of 3, 2113/2013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us-February 20r4, 2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 20°i, 2013 (if approved by Council on February 19i4) A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on February 19t4, 2013 Services to be provided are cutting and helicopter removal ofexcess treesfrom the City's Winburn Parcel and including transportation to a local milling facility to be chosen by the City. This is a Contract-speck special procurement. The City intends to award the contract directly to Columbia Helicopters, Inc. Cost is not to exceed 5335, 000 to be completed by June 1514, 2013. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 279B.065, or 279B.070. An affected person may protest the request for approval ofa Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Fire Department, c/o Chris Chambers at 455 Siskiyou Boulevard, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on February 27 4, 2013. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 2113/2013 CITY OF ASHLAND Council Communication February 19, 2013, Business meeting Approval of Special Procurement for Helicopter Forest Thinning for The Ashland Forest Resiliency Project FROM: Chris Chambers, Forest Division Chief, Ashland Fire & Rescue, chamberc@ashland.or.us John Karns, Fire Chief, Ashland Fire & Rescue, karnsj@ashland.or.us SUMMARY The Fire Department seeks approval of a special procurement to award a contract for helicopter forest thinning to Columbia Helicopters, Inc., for work on the Ashland Forest Resiliency Stewardship Project. The purpose of the project is to reduce wildfire hazard in the City's watershed. BACKGROUND AND POLICY IMPLICATIONS: The City issued a Request for Proposal in 2012 for helicopter thinning and fuels reduction associated with the Ashland Forest Resiliency Project (AFR). As a partner with the federal government and two non-profit entities, the City, acting on behalf of the AFR partnership, contracted with Columbia Helicopters, Inc., with funding provided by the federal economic stimulus program. A second phase of helicopter thinning was mentioned in the original RFP and the Fire Department is seeking a special procurement to continue the successful relationships and experience built during the first phase of work in the City's watershed in 2012. Due to the level of detail and involvement, continuing with Columbia will save time and translate to a better product on the ground. Columbia's price is below that of the nearest competing bid in the original RFP response. FISCAL IMPLICATIONS: 100% of the cost of the AFR project contracting is paid by federal stimulus funding dedicated to this work. The contract amount is included in this year's budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the special procurement for Ashland Forest Resiliency helicopter thinning work. SUGGESTED MOTION: "I move that the City approve the special procurement to allow direct award of a contract with Columbia Helicopters, Inc., for the Ashland Forest Resiliency Project." ATTACHMENTS: Form #9 for special procurement Page I of 1 ~r, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVA_ To: City Council, Local Contract Review Board From: John Karns and Chris Chambers, Ashland Fire & Rescue Date: February 12, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances thatjustify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Fire Department 2. Department Contact Name: Chris Chambers, Forest Division Chief 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 2/27/2013 To: June 30, 2013 5. Total Estimated Cost: Up to $975,000 6. Short title of the Procurement: Ashland Forest Resiliency Helicopter Fuels Reduction Supplies and/or Services or class of Supplies and/or Services to be acquired: Contractor will provide tree falline, helicopter yarding, and to transport services to accomplish the Ashalnd Forest Resiliency Project goal of a safer and more resilient community and municipal watershed. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The City issued a Request for Proposal in 2012 for helicopter thinning and fuels reduction associated with the Ashland Forest Resiliency Project (AFR). As a partner with the federal government and two non-profit entities, the City, acting on behalf of the AFR partnership, contracted Columbia Helicopters, Inc. with funding provided by the federal economic stimulus program. A second phase was mentioned in the original RFP with the successful bidder having the opportunity to negotiate a price and terms with the City as long as both parties were satisfied with the outcome of the Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 2/13/2013 first contracted phase. The first portion of the project is complete and has met expectations and contact specifications. The second phase has been offered to Columbia Helicopters with agreed upon price and terms pending approval of a Special Procurement by City Council. Proposed procedure: If City Council authorizes the Special Procurement, we expect to begin cutting operations in early March followed by helicopter yarding and tog hauling sometime in April. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Columbia Helicopters, Inc., having been successful in the initial phase of helicopter work in the city's watershed, is now familiar with the intricacies of working with the City and our AFR project partners. Columbia has successfully interfaced with the public, met very specific requirements for resource protection, and established a working relationship with City staff and Forest Service inspectors in a complicated and dynamic environment. The agreed upon price for phase two is less than the competing bid in the original phase one RFP process. 9. Findings to Satisfy the Required Standards: This proposed special procurement: (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: A Request for Proposal was issued by the City for the first phase of the AFR project with the caveat that future work was a possibility for the successful bidder. The project therefore, was conceived in a competitive process with prior knowledge of future work with all responding contractors. The continuation of work is of like tvve and amount in the second phase of helicopter thinning forest thinning. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The second phase proposed pricing from Columbia is lower than the rate quoted by the one other company from whom we received a bid for phase one in similar conditions. Though higher than the rate the City paid in the phase one contract, the proposed pricing in this second phase of the AFR work combined with similar work by Columbia Helicopters the City desires to contract on its own W inbum Property, is a substantial cost savings when combined operationally (though two separate contracts as proposed. Functionally, fixed costs are spread over a larger volume of work, creating economy of scale and cost savings to the City. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 2796.060, 279B.065, or 27913.070, or any rules adopted thereunder because: With phase one completed, Columbia Helicopters is in a unique position with knowledge of local influences, relationships, and opportunities that lead to a successful operation in a highly sensitive location. The City also believes that Columbia helicopters are best suited to meet production timelines that meet our funding deadlines in the AFR and Winburn projects. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 2113/2013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us -February 20`x', 2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 20', 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on February 19`x', 2013 Services to be provided are cutting and helicopter removal of excess trees for fire hazard reduction and transportation to a local millingfacility as part of the Ashland Forest Resiliency Stewardship Project. This is a Contract-specific special procurement. The City intends to directly award the contract to Columbia Helicopters, Inc. Cost is not to exceed 5'950,000 to be completed by June 15`", 2013. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Fire Department, c/o Chris Chambers at 455 Siskiyou Boulevard, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on February 27, 2013. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 2113/2013 CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Council consideration of a letter of intent between Ashland Community Hospital, Asante Health Systems, the City of Ashland and the Ashland Community Hospital Foundation FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The board of directors of Ashland Community Hospital (ACH) voted in December to begin a period of exclusive negotiation with Asante Health Systems of Medford on an affiliation agreement under which ACH would become part of the Asante system. The City of Ashland, as the sole shareholder in the ACH corporation, must consent to any affiliation agreement and, as the owner of the hospital property, must agree to terms under which the property is conveyed to Asante. As a first step in those negotiations, ACH, the City and Asante have developed a non-binding letter of intent (LOI) that lays the groundwork for terms of a definitive agreement that will complete the affiliation. The Ashland Community Hospital Foundation is also a signatory to this letter of intent. This LOI spells out the City's intent to transfer its sole corporate membership in ACH to Asante. Under the definitive agreement that will be based on this LOI, Asante will agree to operate ACH as a general hospital for at least 15 years. If it fails to do so within the first three years of the agreement, corporate membership will revert to the City and the property will revert to the ACH corporation. If it fails to operate ACH as a general hospital in years four through 15 of the agreement, Asante will pay the City $4 million in what is the equivalent of liquidated damages. In addition, should Asante fail to operate ACH as a general hospital in the first three years of the agreement, thus causing reversion to the City, Asante will pay the City $8 million to cover the balance of an outstanding construction loan that is collateralized by the hospital property. This letter of intent was approved by the Ashland Community Hospital Board of Directors at its meeting of February 8, 2013. BACKGROUND AND POLICY IMPLICATIONS: Ashland Community Hospital CEO/President Mark Marchetti and former Board Chair Dr. Doug Diehl met with the City Council in August, 2011, and at that time presented a recommendation - which was approved by the Council - for seeking an affiliation with a larger hospital group, in order to address ACH's dire financial situation. Following that meeting, the hospital, working with Huron Consulting, sent a request for proposals to 25 hospital systems across the United States and received proposals from five. After reviewing the proposals and hearing presentations, the ACH Board selected Dignity Health, a San Francisco-based Page] of 3 PI, CITY OF ASHLAND hospital system with 42 hospitals in its portfolio. In April 2012, the hospital and Dignity entered into a due diligence period aimed at developing a merger and affiliation agreement. However, in October, Dignity broke off those negotiations and withdrew its proposal. In November, the ACH Board voted to pursue negotiations on an affiliation agreement with Asante Health Systems of Medford, which owns and operates Rogue Regional Medical Center in Medford and Three Rivers Hospital in Grants Pass. Following two months of discussions that included the City and the Ashland Community Hospital Foundation, the parties have arrived at a non-binding letter of intent that spells out the terms that will now spell out the terms of a to-be-negotiated definitive agreement that will complete the affiliation process. Because the City is the sole shareholder in the ACH corporation and the owner of the hospital property, the City must approve any affiliation agreement and any agreement affecting disposition of the real property. From the City's perspective, the key provisions of the LOI are as follows: 1. The City agrees to transfer its sole corporate membership in ACH to Asante. (§12.1) 2. The City agrees to transfer title in all real property to the ACH corporation. 13.1 ) 3. Asante agrees to operate ACH as a general hospital per Oregon Administrative Rule 333-500- 0032(2)(a) for a period three years. If Asante fails to do so, sole corporate membership in ACH will revert to the City, along with a payment of $8 million to cover the outstanding balance on a construction loan from Umpqua Bank that is secured by the hospital property. (§12.4) 4. Asante agrees to make $10 million in capital improvements in ACH in the first three years, with not less than $2.5 million of that by the end of the first year and $5.5 million by the end of the second year. Should Asante fail to do so, it will pay the difference between those amounts and what it actually invested to the ACH Foundation. 12.4) 5. There is a known pension liability that accrues to the hospital. Should that liability exceed $16 million in the first three years of the agreement or should an unknown liability arise that exceeds $4 million in the first three years, Asante may, at its option, revert sole corporate membership in ACH to the City. 12.5, § 12.6) 6. Beginning in year four of the agreement and continuing through year 15, Asante agrees to pay to the City $4 million should it cease to operate ACH as a general hospital. However, the City would have no right of reversion. 13.6) 7. The ACH Board of Directors will dissolve and the Asante Board of Directors will become the sole governing body of the Asante hospital system, including ACH. The ACH Board will become the Asante Ashland Community Hospital Quality Committee. 16) 8. The City and the ACH Foundation agree to not compete with Asante/ACH unless the reversionary interest of one of the parties is invoked. 17) 9. Asante commits every effort to offer - but not to guarantee - employment to all current ACH employees. (§18) Roy Vinyard, CEO of Asante Health Systems, has been personally involved in the development of this LOI and he will attend the February 19 City Council meeting to answer any questions you have. FISCAL IMPLICATIONS: There are many indirect fiscal implications for the City related to the 400 jobs provided in the community by ACH, although there are no direct fiscal implications in this agreement. However, the hospital property, which is owned by the City, is encumbered by the above-referenced construction Page 2 of 3 IPFE`, CITY OF ASHLAND loan and it is therefore in the City's interest to ensure that an agreement is in place to continue debt service payments on that loan or to otherwise provide for payment of the loan. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this letter of intent. SUGGESTED MOTION: I move approval of letter of intent of affiliation between Asante and Ashland Community Hospital and authorize the mayor and the city administrator to sign the letter as presented. ATTACHMENTS: Letter of Intent V~NU &OA" V 4rs/k- Page 3 of 3 ~r, MASANTE® CONFIDEN'rIAL Letter of Intent Affiliation between Asante and Ashland Community Hospital February 13, 2013 Ashland Community Hospital Ashland Community Hospital Foundation City of Ashland Asante Re: Affiliation Agreement Asante, an Oregon nonprofit public benefit corporation is pleased to present this nonbinding Letter of Intent ("LOI' to enter into discussions regarding the feasibility of Ashland Community Healthcare Services dba Ashland Community Hospital ("ACH") integrating into Asante. This LOI must be mutually acceptable to all Parties, based upon the following general terms and conditions and the LOI shall include the entire agreement of the Parties: PURPOSES. PRINCIPLES. VISION AND VALUES A. Purpose and Principles. These principles set forth the mutual understanding and agreement that has been reached regarding the proposed plan for integration of ACH and Asante. 1. Community Benefit. The integration of these organizations is being undertaken to serve the community interest and is being done in the best interests of all relevant constituent groups in the region. The Asante and ACH Board members believe this plan for integration will provide significant benefits to: i. The community by enhancing a community health resource dedicated to having the ability to improve the health status of the population while managing the per capita costs; ii. The patients by providing access to a patient focused continuum of high quality, integrated healthcare services through convenient local primary care access points and specialty services; and iii. The physicians by creating growth opportunities for existing physician practices, increasing access to specialists, and assuring the continued availability of local primary care physicians and expanding practice support services. B. Vision and Values. The parties share the common values of the need for the strong involvement of community leaders in the delivery of health care. The parties desire a healthcare system providing the Ashland area community with quality healthcare providers conveniently accessible and capable of meeting the full range of needs of the community. The parties desire to combine their efforts Page I MASANTE® to further improve health care in the Ashland area as well as the delivery of patient and person-centered health care to the region and the enhancement of service availability and access. 1. Parties: a. Asante, an Oregon nonprofit public benefit corporation, located at 2650 Siskiyou Blvd., Medford, Oregon, 97504 b. ACH, an Oregon nonprofit public benefit corporation, with an address at 280 Maple Street, Ashland, OR 97520 c. Ashland Community Hospital Foundation ("ACH Foundation'), an Oregon nonprofit public benefit corporation, with an address at 280 Maple Street, Ashland, OR 97520 d. City of Ashland, an Oregon municipal corporation ("City") with an address at 20 East Main Street, Ashland, OR 97520 e. Individually referred to as "Party" and collectively as the "Parties" 2. The Parties hereby represent that they have not worked with or consulted any broker or entity that may be entitled to compensation with respect to this affiliation. 3. The term of this LOI shall be ninety (90) days from the date of the signed acceptance by the Parties below. The term may be extended or discontinued by mutual written agreement by the Parties. 4. No Party shall disclose the terms of or negotiations with respect to this LOI until such time as public notice is published for public consideration of the LOI by the Ashland City Council. No Party shall disclose the terms of or negotiations with respect to the Definitive Agreements until such time as public notice is published for public consideration of the Definitive Agreement by the Ashland City Council. See Public Statements Section 20 below. 5. The Parties acknowledge and agree that this LOI was developed in good faith, but does not constitute a binding commitment with respect to the transactions and arrangements described in this LOL The Parties further acknowledge and agree that a binding commitment with respect to the transactions and arrangements described in this LOI will result only from the execution and delivery, if any, of a binding written Definitive Agreement setting forth the respective rights, obligations and duties of the Parties and which will contain terms normal and customary in a transaction of this type and such other terms as the Parties may agree upon. Notwithstanding anything to the contrary in this LOI, the provisions of Sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 20, 21, and 22 of this LOI are fully binding on the Parties upon the execution of this LOI, unless and until they are superseded by the Definitive Agreement or other written agreements executed by the Parties. 6. This LOI shall be deemed withdrawn and revoked if not executed by ACH, the ACH Foundation, and the City of Ashland by written signed acceptance below and returned to Asante on or before February 20, 2013. Page 2 Y ASANTE® 7. All Parties agree that time is of the essence in moving this LOI forward and, contingent upon a transaction being mutually agreed to, finalizing the Definitive Agreement. 8. The Parties acknowledge and agree they are each a party to the Confidentiality and Non-Disclosure Agreement (CNDA) made on or about December 19, 2012, and that the CNDA remains in full force and effect. 9. The Parties shall each pay their respective expenses (including fees and expenses of legal counsel, investment bankers, brokers, and/or other representatives and consultants) in connection with the proposed transactions, whether or not consummated. 10. The material terms of the proposal set forth in this LOI are intended to be the subject of further negotiation and then incorporated into legally binding and definitive agreements (the "Definitive Agreements"). The Definitive Agreements will contain, in addition to the terms and conditions set forth in this LOI, such terms and conditions as mutually agreed upon by the Parties. In addition, the Definitive Agreements shall indicate that the respective obligations of the Parties will be conditioned upon approval by each Party's Board or other governing body on or before the closing date as to the transactions proposed hereunder, and receipt by the Parties on or before the closing date of any regulatory approvals required in connection therewith. 11. This LOI shall be governed by the laws of the State of Oregon. 12. Transaction Structure 1. The City of Ashland will transfer its sole membership interest in Ashland Community Hospital to Astaire at the closing of the transaction specified in the Definitive Agreements. 2. The ACH Foundation shall retain its legal structure as an independent public benefit corporation until such time as the ACH Foundation and Asante mutually agree to closer affiliate. Asante will maintain a staffed ACH Foundation office on the ACH campus as long as the ACH Foundation exists to provide financial support exclusively to ACH. Asante, ACH, and the Foundation will comply with the terms of any restricted grant or fund. 3. No other consideration not specified in this LOI shall be provided to ACH, ACH Foundation or the City by Asante. 4. Asante agrees that during the first three years after closing it will: • Operate ACH as a general hospital in accordance with OAR 333-500-0032(2)(a) (hereinafter, "General Hospital"); and ■ Make minimum investments in ACH capital improvements of at least $10 million consisting of no less than $2.5 million invested within the first year, no less than a cumulative total of $5.5 million invested within the first two years and no less than a cumulative total of $10 million invested within the first three years. Page 3 01ASANTEa In the event Asante does not operate ACH as a General Hospital during the first three years after closing as described in Section 12.4 first bulletpoint, and in the event none of the grounds exist in Section 12.5 (either or both bulletpoints) for Asante to activate the reversionary clause in Section 12.6, the City will have the right to activate this reversionary clause, at its sole discretion, which will include the following two provisions: (1) Asante will orderly transfer its sole membership and operations in ACH to the City and the City will have the right to deal with ACH in accordance with the Cites rights as the sole member of ACH, and (2) Asante will pay to ACH $8 million in full satisfaction of any liability or claim for damages, injunctive relief or otherwise owing to the City of Ashland and/or ACH Foundation arising out of the Definitive Agreement except for (1) the City's interest as an additional insured under Asante's or ACH's general liability policy from the signing of the Definitive Agreement until the earlier of three years or any reversion of Asante's sole membership interest in ACH to the City under this paragraph, and (2) the agreement to fund capital improvements in Section 12.4 second bulletpoint or to pay to the Foundation the sums required to be paid in Section 12.4 in the second paragraph after the second bulletpoint up to the date of any default, whichever is applicable, prorated for the month or partial month of the year in which Asante defaults in the payment of the sums required to be paid in Section 12.4 in the second paragraph after the second bulletpoint, if at all. The property conveyed by the City into ACH at closing of the Definitive Agreement will remain in ACH upon this reversion. In the event Asante defaults in payment of no less than $2.5 million in the first year in Section 12.4 second bulletpoint, Asante will pay the ACH Foundation the difference between $2.5 million and the amount Asante actually paid during the first year. In the event Asante defaults in payment of not less than a cumulative total of $5.5 million within the fast two years, Asante will pay the ACH Foundation the difference between $5.5 million and the amount Asante actually paid during the first two years. In the event Asante defaults in payment of not less than a cumulative total of $10 million within the first three years, Asante will pay the ACH Foundation the difference between $10 million and the amount Asante actually paid during the first three years. Any payments due to the ACH Foundation under this paragraph shall be made within 90 days of the end of the year in which the default occurred, and the payments shall be subject to written verification and/or audit of the amounts actually paid by Asante for investments in ACH capital improvements. Any payments by Asante in this paragraph with respect to default in payment of the $10 million or any portion thereof shall be in full satisfaction of any liability or claim for damages, injunctive relief or otherwise owing to the City, ACH, or ACH Foundation arising out of the Definitive Agreement, except for (1) Asante's agreement to operate ACH as a General Hospital during the first three years after closing as provided in Section 12.4 first bulletpoint, or, in the event Section 13.6 is applicable, except for Asante's agreement to operate ACH as a General Hospital in Section 13.6 in years four through 15 after closing, (2) the City's interest as an additional insured under Asante's or ACH's general liability policy from the signing of the Definitive Agreement until the earlier of three years or any reversion of Asante's sole membership interest in ACH to the City under this paragraph, and (3) the Page 4 MASANTE® agreement to fund capital improvements in Section 12.4 second bullerpoint or to pay to the Foundation the sums required to be paid in Section 12.4 in the second paragraph after the second bulletpoint up to the date of any default, whichever is applicable, prorated for the month or partial month of the year in which Asante defaults in the payment of the sums required to be paid in Section 12.4 in this paragraph, if at all. 5. If either or both of the following events occurs within the first three years after closing, it will be at Asante's sole discretion to determine to activate the reversionary clause in Section 12.6: • The unfunded defined benefit pension liability exceeds $16 million; or • Any unknown liabilities or known liabilities arising from acts or omissions that occurred prior to closing and are not quantifiable at the time of the closing of the Definitive Agreement (this excludes the defined benefit pension liability described above, and the existing Umpqua Bank loan, and all liabilities in the amount stated on the ACH Balance Sheet, as of the date of closing), that have a negative impact of $4 million or more, or acts or omissions that occurred prior to closing that cause the ACH federal tax-exempt status to be revoked or Medicare or Medicaid provider status to be terminated or revoked. Any liabilities arising from Asante's negligent acts or omissions after closing will not be counted in determining a negative impact of $4 million or more. 6. If either or both of the events listed in Section 12.5 occurs and Asante triggers this reversionary clause at its sole discretion, As-ante agrees to orderly transfer the sole membership and operation of ACH back to the City. Any such transfer of sole membership by Asante to the City described in this Section 12.6 is in full satisfaction of any liability or claim for damages, injunctive relief or otherwise owing to the City arising out of the Definitive Agreement, except for the agreement to fund capital improvements in Section 12.4, second bulletpoint, up to the date Asante triggers the reversionary clause, prorated for the month or partial month of the year in which Asante triggers the reversionary clause, if at all. In the event of a reversion pursuant to Section 12.6, the defined benefit pension liability and Umpqua Bank liability of ACH will remain with ACH after the reversion and Asante will have no liability with respect to those liabilities. 13. Real Estate Arrangements with the City of Ashland and ACH Foundation 1. At the closing, the City of Ashland enters into an agreement to convey to ACH all the City's assets currently leased by ACH, including without limitation the land, buildings, and fixed equipment. The conveyance to ACH of the City's assets currently leased by ACH will be by a statutory warranty deed or bargain and sale deed and bill of sale and will be free and clear of all Page 5 Mr ASANTE® liens and encumbrances except for the Umpqua Bank loan currently outstanding on these assets. 2. The ACH Foundation agrees to convey to ACH fee simple title to five specific real property holdings of the ACH Foundation, including without limitation the land, buildings, and fixed equipment which will be critical to the successful operation of ACH. The specific assets are: o 317 Maple Street, Ashland, Oregon (house used for storage) o 530 Catalina Street, Ashland, Oregon (parking lot) o 628 N Main Street, Ashland, Oregon (medical office building) o 49 Talent Avenue, Talent, Oregon (medical office building) o 209 N. Pacific Highway, Talent, Oregon (commercial building to be used for storage and possibly offices) One additional asset located at 588 North Main Street, Ashland, Oregon will not be conveyed but guaranteed for unrestricted use of 10 parking spaces for visitors to ACH Family Medicine. The conveyance to ACH of the ACH Foundation's five specific assets will be by a statutory warranty deed or bargain and sale deed and bill of sale and will be free and clear of all liens and encumbrances other than the existing lien for approximately $82,000 encumbering the property at 209 North Pacific Highway in Talent, Oregon which Asante assumes and agrees to pay. 3. This agreement includes a reversionary clause which states that the assets conveyed from ACH Foundation to ACH are conveyed back to ACH Foundation in the event Asante does not operate ACH as a General Hospital as described in Section 12.4 first bulletpoint. 4. Should Asante default on operating ACH as a General Hospital as described in Section 12.4 first bulletpoint, or if Asante activates the reversionary clause with respect to its sole membership in ACH in Section 12.6 at its sole discretion, it will be in ACH Foundation's discretion to determine whether to activate the reversionary clause in Section 13.3. 5. In the event the reversionary clause in Section 13.3 is applicable (i.e., in the event Asante does not operate ACH as a General Hospital for the first three years described in more detail in the first bulletpoint in Section 12.4) or in the event Asante activates the reversionary clause in Section 12.6 in its sole discretion, the reconveyance of the assets by ACH to ACH Foundation is in full satisfaction of any liability or claim for damages, injunctive relief or otherwise owing to ACH Foundation that Asante is obligated to meet or perform the agreement to operate ACH as a General Hospital in Section 13.3 first bulletpoint, except for the agreement to fund capital improvements in Section 12.4 second bulletpoint or to pay to the Foundation the sums required to be paid in Section 12.4 in the second paragraph after the second bulletpoint, whichever is applicable, up to the date Asante triggers the reversionary clause, prorated for the month or partial month of the year in which Asante triggers the reversionary clause, if at all. Any reconveyance of the ACH Foundation assets by ACH to ACH Foundation pursuant to this Section 13.5 will be subject to any liens and encumbrances which existed on such assets as of the date of the closing except for the existing lien described in Section 13.2, but will not be subject to any liens and encumbrances created or suffered by Asante after the closing. Page 6 MY ASANTE® 6. After the first 3 years after closing, and in the event (1) Asante has not activated the reversionary clause in Section 12.6 and (2) Asante does not cease operating ACH as a General Hospital during the first three years after closing as provided in Section 12.4 first bulletpoint, Asante further agrees that it will operate ACH as a General Hospital for an additional twelve (12) years. In the event the twelve (12) year period of ACH operating as a General Hospital is not satisfied, Asante will pay to the City of Ashland $4 million in full satisfaction of any liability or claim for damages, injunctive relief or otherwise arising out of the Definitive Agreement, including without limitation any liability or claim that Asante is obligated to operate ACH as a General Hospital for an additional twelve (12) years except for any required payment from Asante to ACH Foundation under the second bulletpoint of Section 12.4. The parties desire to combine their efforts to further improve health care in the Ashland area as well as the delivery of patient and person- centered health care to the region and the enhancement of service availability and access. 14. Finances 1. City of Ashland assumes any ACH liability related to PERS. 15. Hospital Name 1. The name/branding of ACH will be Asante Ashland Community Hospital (or similar, as mutually agreed), which shall be operated by and under Asante in a manner substantially consistent with its existing hospital facilities, Asante Rogue Regional Medical Center and Asante Three Rivers Medical Center. 16. Governance 1. On closing, Asante will elect a new Board of Directors for ACH. ACH will form an "Advisory Board" of community members which will consist of the current membership of the ACH Board of Directors, to include the current and immediate past chiefs of the ACH Medical Staff and up to two additional medical staff members. 2. The Chair of the ACH Advisory Board shall become an ex-offdo, voting member of the Asante board. 3. The current Chief of the ACH Medical Staff shall become an ex-officio, non- voting member of the Asante Board. 4. The ACH Advisory Board will have specific responsibility for monitoring patient safety and quality of care, and for confirming credentialing and other decisions of the ACH Medical Staff. The ACH Advisory Board actions and minutes will be submitted to the Asante Board of Directors, which will have the final approval authority. 5. It is the intent of all Parties that the ACH Advisory Board will become the Asante Ashland Community Hospital Quality Committee. The agreements in Section 16.1 through 16.4 will be in effect until the date the ACH Advisory Board becomes the Asante Ashland Community Hospital Quality Committee. Thereafter, the level of representation of the Ashland community on the Asante Board of Directors will be in accordance with Asante Board bylaws. Page 7 RIASANTE® 6. It is Asante's desire to merge ACH into Asante. The timing of this desire will be at Asante's sole discretion. 17. Covenant Not to Compete 1. The City and the ACH Foundation will not directly or indirectly own or operate or be affiliated with a hospital or other healthcare facility or service in competition with Asante Ashland Community Hospital in Jackson County, Oregon for the lesser of 15 years from the date of closing or the date of a reversion in Sections 12.4, 12.5, and 13.3. ACH Foundation's ownership or indirect operation of a retirement and care facility at 548 N. Main Street shall not be considered to violate the foregoing agreement. 18. Current ACH Employees 1. Asante will extend every effort to offer employment for as many ACH employees as possible at Asante or Asante Physician Partners, but cannot guarantee that all ACH employees will be employed once the affiliation is complete. 2. Employees at risk for not being employed in their current roles by Asante or Asante Physician Partners will be eligible to apply for other positions within Asante as though they were internal applicants of Asante. 3. Employees losing their jobs as a result of the affiliation will be offered a severance payment in fine with ACH's current severance guidelines. 4. ACH employees that are offered employment at Asante or Asante Physician Partners will maintain their seniority ("years of service"), paid time off/vacation balances, and comparable compensation and benefits. 19. Medical Staff 1. The ACH Medical Staff will remain an independent organization with separate medical staff bylaws which will be subject to the approval of the ACH Advisory Board and the Asante Board of Directors. 2. The ACH Medical Staff will be responsible for credendaling and scope of services, subject to overall quality requirements of Asante and requirements of Asante's liability coverage. Their credential and peer review decisions will need to be approved by the ACH Advisory Board and the Asante Board of Directors. 20. Public Statements. Subject to Section 2.5 of the CNDA: 1. All Parties will work together to expeditiously develop mutually agreed upon talking points to be shared with the media and general public. 2. No public statements about the proposed affiliation between Asante and ACH will be provided by any spokesperson for any of the Parties without prior approval of the other Parties, provided however, such approval will no longer be required with respect to the LOI after notice of Ashland City Council's public consideration of the LOI has been published and will no longer be required with respect to the Definitive Agreement after notice of Ashland City Council's public consideration of the Definitive Agreement has been published. Page 8 CIASANTEa 3. Notwithstanding Sections 20.1 and 20.2, individual Ashland City Councilors may respond to questions from the news media or their constituents as to their views with respect to proposed affiliation between Asante and ACH. 21. Due Diligence. The Parties have been conducting due diligence since prior to the execution of the CNDA. Subject to Section 23.5, the Parties will continue to conduct reasonable due diligence permitting the other Party or Parties and its or their employees, lenders, financial advisors, attorneys, accountants and other authorized representatives reasonable access to the Party's premises, employees, accountants, and books and records, including without litnitatfon corporate compliance, to complete such due diligence investigations customary for transactions of this nature. Each Party shall cause all requested due diligence documents and information to be delivered to the other promptly. All inspections will only occur at times and in a manner as will not unreasonably disrupt the delivery of care to patients or the other transaction of business by a Party. 22. Definitive Agreement, Conditions, and Closing 1. All Parties will use best efforts to agree on a Definitive Agreement as described in Sections 5 and 10 within 90 days of a signed and returned LOI. 2. At the time the LOI is executed, ACH will operate the hospital in the normal and ordinary course of business consistent with past practices and any material (defined as more than $100,000) unplanned, unbudgeted, extraordinary debt, obligation, contractual relationship, agreement investment or outlay of resources will be disclosed to and approved by Asante in advance of being undertaken. 3. During the due diligence process, the ACH CEO will be notified of all identified issues that need immediate attention/resolution and will address these issues in a timely fashion. 4. Asante will seek and file for regulatory approvals required prior to or just after closing and such approvals will be required in order to complete the affiliation. 5. Asante will use best effort to complete its due diligence activity within 60 days after a signed and returned LOI agreement. 6. As part of an affirmative obligation agreement, any additional information discovered by any of the Parties during the due diligence process that has the potential to extend the timeline for successful completion of the definitive agreement or cause the integration of ACH into Asante to not happen must disclose this information to the other Parties immediately. All Parties agree to work in good faith to resolve any issue caused by this additional information, if possible, in an expeditious manner. 7. Interim hurdles include the following: initial draft of the Definitive Agreements by March 29, 2013. 23. Management Services Agreement Should ACH request Asante will work with ACH to develop a mutually acceptable Management Services Agreement by which Asante would provide executive management to ACH under usual and customary terms and conditions Page 9 CIASANTEa for such agreement until such time as the Definitive Agreement is executed. 24. Insurance The Definitive Agreement will include a commitment by Asante to maintain or cause ACH to maintain insurance coverage on the ACH property, structures and equipment at replacement value, to pay any insurance deductibles in the event of a covered loss, and to name the City of Ashland as an additional insured party under such insurance for as long as Asante or any successor entity operates ACH as a General Hospital, up to three years from the closing of the Definitive Agreement. Any and all terms herein are subject to confirmatory due diligence. Access to data, executives and other resources to complete such diligence is required and delays in such efforts could influence the timing when the affiliation is completed. By signing this LOI, each party represents that their respective governing body has approved the terms of this LOI. Sincerely, ASANTE By: By: William D. Thorndike Date Roy Vinyard Date Board Chair President and Chief Executive Officer ACCEPTED AND AGREED this day of , 2013 Ashland Community Hospital By: By: Anne Golden Date Mark Marchetti Date Board Chair Chief Executive Officer Ashland Community Hospital Foundation By: By: Sandra Slattery Date Tom Grimland Date Board Chair Past Board Chair Page 10 RIASANTE® City of Ashland By: By: John Stromberg Date Dave Kanner Date Mayor Administrator Page 11 CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Fiscal Year 2012-13 Second Quarter Financial Report: October - December 2012 FROM: Lee Tuneberg, Finance Director, Administrative Services Department, tuneberl@ashland.or.us SUMMARY The Administrative Services Department submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. This report covers the second quarter and first half of FY 2012-2013 and provides comparative information to the same quarter in the prior year. BACKGROUND AND POLICY IMPLICATIONS: This report will be the basis for projecting revenues and expenses for this year and will be used throughout much of the budget process. The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2012-2013 budget document and the manner in which they will be shown in the end of year report. The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2012-2013 budget document and the manner in which they will be shown in the end of year report. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. FISCAL IMPLICATIONS: The City experienced declining balances in cash for various reasons during the last decade, endangering its financial position since the total unrestricted amount was often below established target minimums during some years, especially in some key funds. In the last few years we have been successful at generating sufficient revenues and holding down expenditures to reverse the trend of cash reductions and to hold balances steady. In FY 2011-12 most target cash balances were improved and carried forward to this year. The total balance at December 31, 2012, was $29,978,942. This is $464,000 less than this time last year. Approximately 49% of it ($14.7 million) is restricted in use. Of that restricted amount, 44% or $6.4 million is systems development reserves held for "growth" related projects and 29% ($4.3 million) for projects not growth-related or whose specific use has yet to be determined. Total Unassigned is $15.3 million, down $2.9 million from the prior year which represents uses of cash for operations and projects. This total is more in line with the Unassigned amount of $14.6 million two years ago. Page 1 of 2 Ir, CITY OF ASHLAND The presented amounts will change throughout the year, often decreasing, however any improved position will be needed as we move into the biennium and deal with capital costs and increased PERS costs. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the quarterly report. SUGGESTED MOTION: I move to accept the second quarter financial report for FY 2012-2013. ATTACHMENTS: Quarterly Financial Report Financial Statements Page 2 of 2 C I T Y OF quarterly Financial Report ASH LAND ecomd ~ uarter o FY 2012-2013 This Quarterly Financial Report covers the period from July 2012 through December 2012. Summary of Cash and Investments This summary is intended to give the reader an understanding of changes in the City's cash position across funds and investment types. The City-wide cash balance has decreased $463,719 between fiscal years at the end of December. First Half of FY 2012-13 Cash Balance Change Compared to Prior years $32,500,000 . 20% -2% $30,000,000 $27,500,000 o 1 0 8.8% $25,000,000 $22,500,000 The alternate line showing 8.8% and 8.5% - 09, represents cash balances adjusted for -2 $20,000,000 1 12/31/2008 12/31/2009 12/31/2010 12/31/2011 12/31/2012 Balance $20,538,431 $22,216,629 $25,395,499 $30,442,658 $29,978,942 Material chanoes in cash balances between fiscal years: The major changes were in General Fund, Capital Improvements Fund (CIP), the Equipment Fund, the Water Fund, and the Wastewater Fund. Additional discussion of fund activity follows later in this report. 1. The first distribution of property taxes to the General Fund contributed to the increase in cash. 2. The CIP Fund's reduction was primarily from spending bond proceeds for the construction of fire station 2 and general reserves for the Police Department building expansion. 3. The Equipment Fund spent less on equipment year-to-date than in the prior year. 4. The Water Fund's cash increase resulted primarily from the increased rates. 5. The Wastewater Fund's spent $600,000 more on capital so far this year than last year. Changes in cash and investment balances: Total Cash is $30 million with 97% held in the local government investment pool. It was 95% the prior year at the end of December. Page 1 of 8 ~r, Statement of Revenues and Expenditures - Citywide This schedule is intended to provide an overall sense of the City's financial activity for the first six months of this fiscal year, compared to budget and prior year actual information. City-wide revenues, operating expenditures and capital outlay increased for the first six months between years: 1. There was a 7.5% increase in revenues from $34.9 million in the prior year to $37.5 million for the first six months of this fiscal year. The $37.5 million is 53.4% of budget. a. The major increases were intergovernmental revenue (32%), charges for services (6%), system development charges (SDC) (130%), and miscellaneous revenue (157%). b. Intergovernmental revenue increased in the Water Fund from grants for the Ashland Forest Resiliency Stewardship Project (AFR), and the Equipment Fund received a grant for fire equipment during this period. c. Charges for services revenue increased in the General Fund, Water Fund and Electric Fund. The General Fund increase in charges for services was from recorded fees for the Southern Oregon University (SOU) dorm project, and the budgeted payment from Parks. Water Fund increase was from increased rates and sales. Electric Fund increase was from increased sales. d. SDC revenue increases included the SOU expansion. Miscellaneous revenue increased in the Street Fund for the Laurel/Hersey railroad crossing project grant funding. Miscellaneous revenue increased in the Debt Service Fund due to receipt of a pre-payment from OSF on the Hargadine note payoff. 2. Operating expenditures increased eight percent from $28.6 million to $30.9 million at the end of the first six months over the prior year. Operating Expenditures are 47% of budget. a. Personal services increased four percent over the prior year, materials & services increased nine percent, and debt service increased 23.5%. b. The increases in personal services were mostly in the Water Fund and in the Fire Department from vacant positions being filled. Debt service increase was a result of the payoff of the Hargadine note. c. The increases in materials and services were mostly in the Water Fund, and the Telecommunication Fund, which will be detailed in the "Financial Analysis of the City of Ashland's Funds" below. 3. Capital Expenditures increased 150% from $2 million to $5 million and it reflects spending on the new fire station, police station and on street & wastewater projects. Schedule of Budgetary Compliance The Schedule of Budgetary Compliance presents expenditures on a budget basis by fund, consistent with the resolution adopting appropriation levels for the year. 1. There was one budget appropriation transfer resolution, one supplemental budget, and no budget violations for the second quarter of the fiscal year 2012-13. 2. Total City-wide expenditures (in aggregate) are below the prorated 50% level anticipated for the second quarter. 3. The exceptions to the anticipated 50% level expended for the second quarter were the normal exceptions for economic and culture grants, debt service payments, intergovernmental loans payments, and capital outlay. Page 2 of 8 FINANCIAL ANALYSIS OF THE CITY OF ASHLAND'S FUNDS Governmental Funds Governmental funds are generally used to account for tax-supported activities. There are four categories of governmental funds, general purpose funds, special revenue funds, debt services funds, and capital improvement funds. Governmental funds for the City of Ashland include the General Fund, Street Fund, Capital Improvements Fund, Debt Service Fund,, Reserve Fund, CBDG Fund, and the Airport Fund. The analyses for the Governmental Funds below are limited to the funds with the major changes in revenue and expenditures between the second quarters of this year and last year. The major changes in revenues and expenditures are in the General Fund, the Street Fund, the Capital Improvements Fund, and the Debt Service Fund. General Fund Between fiscal years, for the first six months, revenue increased more than expenses increased. It caused an increase in the excess of revenues over expenditures of 7.6%. 1. General Fund revenues have increased four percent overall. The major changes in this fund are tax revenue and charges for services. This year the fund recorded more tax revenue with a three percent increase in property taxes, nine percent increase in internal franchise taxes, and a two percent increase in hotel tax. The revenue increase in charges for services is a result of the agreed upon $263,000 payment from Parks. 2. Operating expenditures in the General Fund increased three percent over the prior year. Personal services for all of the General Fund's departments have increased an average of four percent. There was a six percent decrease in the Administrative Department, a seven percent increase in both the Community Development and Fire Departments' personal services; all relating to staffing changes. Materials and services in the General Fund has held steady from the prior year. Street Fund The Street Fund had a shortfall of <$197,868> for the end of the second quarter of this year while this fund had an excess of revenue over expenditures of $535,845 at the end of the second quarter of the prior year. Changes in Capital outlay are the major cause of this fluctuation. 1. Please note that this fund receives state revenue sharing in the form of Gas Tax so it has been classified as a general type fund rather than as an enterprise as might be expected. At mid-year the fund has received $573,407 as compared to last year's $562,801. 2. Street Fund revenue and operating expenditures held steady for the six month period between years. 3. The Street Fund's capital outlay on transportation projects for this year is over twice the amount spent last at this time. It is $1,332,752 year-to-date and is 29% of the current year budget. Capital Improvements Fund The Capital Improvements Fund had a shortfall of <$1,979,624> for the second quarter of this year and this fund had an excess of revenue over expenditures of $3,032,529 for the second quarter of the prior year resulting in a $5 million change. 1. Elements of such a large change include the $3 million of financing in the prior year, combined with a $2 million increase in capital expenditures this year, while revenue and operating expenditures held flat from between years. Page 3 of 8 2. The increase in capital outlay was for the fire station funded by bond proceeds, police station remodel funded by reserves and forfeitures, and golf course improvements paid for by Food & Beverage tax proceeds. Tax proceeds to date in this fund equal $146,347 as compared to the year-to-date proceeds last year of $139,405 (up 4.9%). Debt Services Fund A larger increase in revenue and resources than the increase in debt service payments for the first six months of this year resulted in an increase in excess revenues by eight percent as compared to the first six months of last year. The elements of this change include an increase in the technology fee revenue, increase in revenue from an OSF payment, and an increase in an interfund loan resource, offset by a smaller increase in debt service payments. 1. A $200,000 increase in revenue for internal charges for technology debt was received. 2. A $280,397 pre-payment was posted to miscellaneous income for the OSF payment. 3. An interfund loan resource came from the Central Services Fund to the Debt Service Fund to pay off the City's portion of the Hargadine loan of $364,795. 4. The debt service payment increase of $645,192 was for the payoff of that same loan. This payoff will provide savings in interest of $301,476 that would have been paid over the life of the loan. A view of the City's outstanding debt at the beginning of this fiscal year is featured below. This chart shows the debt before paying off the Hargadine loan and before any borrowing for this year's projects. $50,000,000 545,000,000 $40,000,000 ~1 r9 0~~ Ym $35,000,000 i '"t DEO FFC Bond 513,180,000 GOB..d. Water $597,810 $30,000,000 Wastewater $256,204 t L_, Fire Station One $1,785,000 Fire StaSan Two 52.805.000 Total $5,444,014 $25,000,000 r AFN Bank Lwns $20,000,000 Revenue Bonds: AFN Debt fi R,%0,000 Water $3,570,000 $15,000,000 i ElecMC 521)td3 ~ Total E2,78],14J $10,000,000 $5,000,000 Oontracts paitl by fees $1,356,919 t~ 50M 3001 M02 1003 3004 MOS 3000 3007 2N6 2009 2010 2011 2011 2013 M14 3015 N16 2017 3016 2019 20M M21 2022 3023 2024 2025 Page 4 of 8 Business Type Funds Generally speaking, these are enterprise funds and are established to account for operations. These funds are financed and conducted in a manner similar to operations of private business enterprises, where the intent is to have the expenses of providing goods or services on a continuing basis to the general public, financed or recovered primarily with charges to the user. Utility Revenue Trending @ Mid-Year $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 12131/2008 12/31/2009 1213112010 12131/2011 1213112012 1213112013 uTelecommunications $875,260 $909,535 $925,873 $1,025,099 $799,912 $839,908 ■Storrn Drain $279,629 $287,064 $294,224 $294,852 $294,466 $306,245 O Transportation $615,013 $632,576 $649,613 $648,049 $654,380 $674,011 ■Wastewater $1,367,791 51,634,187 §1,735,460 $7,836,406 $2,022,141 $2,224,355 ■Water $2,431,681 52,633,772 $2,635,622 $2,870,714 §3,259,462 $3,520,219 ■Electric $5,625,348 $5,612,663 $5,796,384 $5,774,504 $5,945,236 56,153,319 Water Fund The Water Fund includes the Fire Department's Ashland Forest Resiliency program. The analysis of the Water Fund in this section does not include the AFR program. Due to the weather and water sales, the Water Fund typically records a "profit" in the first and last quarters of each fiscal year and "losses" in the second and third quarters. An increase in revenue (sales) and a decrease in capital outlay and debt service in the second quarter resulted in a larger net income for the first six months of this fiscal year than the prior year. 1. Net income for the first six months of this fiscal year after adjusting out the AFR program was $1,057,581 compared to $472,693 in the prior fiscal year. This improvement is attributed to increases in charges for services-rates and SDC revenue, and a decrease in capital outlay. 2. Water sales revenue increased 13.6% for the six months ending in December over the prior year. Units of water sold increased four percent for the same period ending in December over the prior year. 3. Personal services increased 15% and, materials and services increased 5.5% for the six months ending in December over the prior year. The vacant utility worker being filled is the Page 5 of 8 M reason for the increased personal services. Materials and services increase is due to the franchise tax increasing in proportion to increased revenue. The 1997 GO bond was paid off in the prior year reducing debt service by $175,000. Capital outlay decreased 35%. Electric Fund An increase in revenue and a decrease in expenses for the first six months of this year resulted in a decrease in the operating loss. This improvement is attributed to the increase in electricity sales. 1. Electric sales revenue increased three percent for the six months ending in December over the prior year because of an increase in units sold. 2. There was a decrease in the Conservation Division over the prior year and a slight increase in supply, distribution and transmission between this year and last year. 3. Please note that the most recent electric rate increase did not become effective until after the period covered by this report. w Water and Electric Unit Sales Trending 0 y 200,000,000 v 175,000,000 s W V 150,000,000 `0 125,000,000 • m 100,000,000 w 3 75,000,000 u' 50,000,000 O 3 25,000,000 Y _ C FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Q Actual Dec v, YTD Projected June YTD ■cfwater-December YTD ■cfWater-June YTD ■kWh Electric - December YTD ®kWh Electric - June YTD Water Fund - AFR Program Grant revenue for the AFR program for the first six months of the this fiscal year was $871,443 compared to $153,087 in the first six months of the prior fiscal year. Amounts expended for the first six months of this fiscal year were $1,020,876 compared to $220,370 in the prior fiscal year. Wastewater Fund A larger increase in expenses than the increase in revenue for the first six months of this year resulted in a change from net income to a loss. The primary cause for this change was the increase in Capital Outlay for contracted projects. 1. Revenue from rates increased ten percent for the six months ending in December over the prior year. 2. Personal services and materials & services held steady for the six months ending in December over the prior year. Page 6 of 8 ~r, 3. The Wastewater Fund increased capital outlay by $619,222 for the six months ending December, 2012 on sewer construction costs, and treatment plant filters. Telecommunications Fund A larger increase in expenses and a decrease in revenue for the first six months of this year resulted in a change from net income to an operating loss as compared to the first six months of last year. The elements of this change were a decrease in charges for services and an increase in the first half of the year in the technology debt payment. Timing of the debt payment is the cause since the budgeted amount between years is the same. 1. Revenue from Charges for service decreased 11 % for the six months ending in December over the prior year consistent with the contract change for cable television services. 2. Personal services decreased 13% and materials & services held steady for the six months ending in December over the prior year. Personal services decline resulted from a restructuring of personnel and balancing expenses to meet the anticipated reduction in revenue. Internal Services Funds These funds account for providing support between departments and they are primarily funded on a cost allocation basis. The internal services funds include the Central Services, Insurance, and the Equipment Fund. Central Service Fund A larger increase in expenses than the increase in revenue for the first six months of this year resulted in a change from net income to a loss. The primary element of the change is interfund loan to the Debt Service Fund for the Hargadine loan repayment. 1. There was a modest increase in internal services fees from Public Works to fund positions in PW administration. 2. Fund requirements increased from the interfund loan to the Debt Service Fund to pay off the City's portion of the Hargadine loan of $364,795. Insurance Fund A decrease in revenues and an increase in expenses resulted in a larger loss as compared to the first six months of last year. 1. Revenue from restitutions was higher in the prior year for the six months ending in December. 2. Materials and services are higher this year for the first six months because the City did not receive the distribution credit from CIS as it has in the past two years. Equipment Fund An increase in revenue and a decrease in expenses for the first six months of this year resulted in a recovery from a loss to net income. An additional grant and a reduction in purchases contributed to this improvement. 1. This year the fund received a $113,616 grant for fire equipment, approved as a supplemental budget in November, 2012. Page 7 of 8 Imo, 2. Shop costs increased $25,175. A five percent increase for the first six months of this year. 3. This year's purchases are down from the level of purchases in the first half of last year. Twelve percent of the $1.2 million of budgeted purchases have occurred so far this year. Parks Funds Parks and Recreation Fund Excess revenue over expenditures has improved from the prior year due to increase in revenue and a decrease in the payment from Parks to the City. 1. Property tax revenue increased 3.5% over last year at the end of the first half of the year. 2. The payment from Parks to the City was reduced from $360,500 to 263,000. Parks Capital Fund This fund has a larger deficit form the first half of the year compared to last year because of more purchases and no transfers into the fund. 1. For the first six months of this year a mower, a tractor and equipment for $142,812 was . purchased, and $99,609 was spent on contracted projects. 2. The budgeted equipment replacement fee for fiscal year 2011-12 was $20,000, and actual payments were zero. This year $20,000 is also budgeted, with no payments year-to-date. An additional $350,000 transfer from Parks Operations is budgeted for this fiscal year and not yet transferred. Unaudited, detailed balance sheets, revenue and expenditure reports, and fund statements are available for your review in the Administrative Services Department office at City Hall should you require any additional information. Page 8 of 8 ~r, City of Ashland Summary of Cash and Investments i December 31, 2012 i I Balance Balance - Change From Fund December 31, 2012 December 31, 2011 FY 2012 I General Fund - $ 4,990,046 $ 4,451,142 $ 538,904 Community Block Grant Fund 23,725 (1,605) 25,330 Reserve Fund 1,016,859 1,011,129 5,730 1 Street Fund 2,128,308 2,333,420 (205,112) I Airport Fund 112,161 74,765 37,376 Capital Improvements Fund 2,997,284 5,183,745 (2,186,461) Debt Service Fund . 1,358,156 1,161,464 196,692 ' Water Fund 2,898,191 2,256,434 641,757 Wastewater Fund 2,498,290 3,385,352 (887,062) Electric Fund 1,534,174 1,500,434 33,740 Telecommunications Fund 257,506 374,222 (116,716) Central Services Fund 1,059,768 906,621 153,147 I Insurance Services Fund 922,367 833,749 88,618 Equipment Fund 3,087,542 1,861,271 1,226,271 Cemetery Trust Fund 865,583 851,321 14,262 $ 25,749,959 $ 26,183,484 $ (433,525) Parks & Recreation Agency Fund 4,228,983 4,259,174 (30,191) 4,228,983 4,259,174 (30,191) Total Cash Distribution $ 29,978,942 $ 30,442,658 _L__1463,716) Manner of Investment General Banking Accounts $ 756,738 $ 502,273 $ 254,465 Local Government Inv. Pool 29,222,204 28,940,384 281,820 City Investments - 1,000,000 (1,000,000) Total Cash and Investments $ 29,978,942 $ 30,442,656 $ (463,716) Dollar Distribution Cash Balance Distribution Pa,gsand Claim$ Udni ssnv s P seen Funds Judgments, Insur;oeand 14% sws, 34W,00g,1% Trust E4upm Fmds i6,42g,013,22% 3% 1]% R, 1 Unassi~md. CehtRne,rM, E1nss,,t 5, 51% A[¢1 FonN sed, &57 7/d011,vl~ o.Rsusn d. i,D% Fy,dS ( pgp N291,393. 14% 24% - 45% TOTTa,aian, { $102,7116,6% I I I M Fn nepmt3a 1 1l6 i3 ( City of Ashland Statement of Revenues and Expenditures - City Wide For the sixth month ended December 31, 2012 I ( f Fiscal Year 2013 Percent Fiscal Year2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collected] Year-To-Date End of-Year Resource Summary Actuate Amended Expended Balance Actuals Actuals I Revenues Tares $ 13,080,969 $ 19,824,473 66.0% $ (6,743,5(4) $ 12,762,575 $ 19,388,666 Licenses and Permits 289,327 508,000 57.0% (218,673) 359,697 1,340,102 Intergovernmental Revenue, 2,608273 9,101,154 28.7% (6,492,881) 1,972,067 3,450,632 Charges for Services -Rate B Internal 19,942,484 38,862,743 51.3% (18,920,259) 18,846,680 37,276,479 Charges for Services -hest Service foes 435,537 757,511 57.5% (321,974) 365,860 979,445 System Development Charges 298,346 303,000 98.5% (4,654) 129,532 1,001,838 Fares and Forfeitures 80,439 155,000 51.9% (74,561) 91,445 168,305 Assessment Payment 13,811 10,000 138.1% 3,811 7,412 43,542 Interest on lnvesbnents 84,306 167,800 50.2% (83,494) 73,184 211,369 Miscellaneous Revenues 667,304 579,402 115.2% 87,902 259,470 1,187,120 Total Revenues 3790,796 70,269,083 53.4% (32,768287) 34,867,921 65,047,499 Budgetary Resources: Other Financing Sources - 7,928,930 0.0% (7,928,930) 3,060,434 3,060,434 i Interfund Loans 591,795 791,795 74.7% (2110,000) 208,000 406,000 Transfers In 21,114 406,635 52% (385,521) 531,474 552,104 Total Budgetary Resources 612,909 9,127,360 6.7% (8,514,451) 3,799,908 4,020,538 Total Resources 38,113,705 79,396,443 48.0% (41,282738) 38,667,629 69,063,036 Requirements by ClassBlcation Personal Services 12,207,623 26,158,408 46.7% 13,950,785 11,736,537 23,697,544 Materials and Services 16,065,116 34,483,923 43.6% 13,418,807 14,689,859 28,670,127 Debt Service 2,636247 5,158,979 51.1% 2,522,732 2,133,797 4,576,033 Total Operating Expenditures 30,908,986 65,801,310 47.0% 34,892,324 28,560,193 56,943,704 1 Captal Outlay ion 5,107,961 18,702,048 27.30/6 13,594,097 2,030,467 5,376,567 i Interfund Loans 591,795 791,795 74.7% 200,000 208,W0 408,000 Trend= Out 21,114, 406,635 52% 385521 531,474 552,104 ConBrgendes - 1,847,804 0.0% 1,847,804 - Total BudgetayRegwenents 612,909 3,046,234 20.1% 2,433,325 739,474 906,104 Total Requirements 36,629,856 87,549,592 41.8% 50,919,736 31,330,154 63$80,375 Excess (Deficiency) of Resources over Requirements 1,483,849 (8,153,149) 1182% 9,636,998 7,337,675 5,787,662 Wor" Capital Carry- 29,410,020 25,238,267 116.5% 4,171,753 23,622.352 23,622,352 Unappropriated Ending Fund Balance $ 30,893,869 $ 17,085,118 180.8% $ 13,808,751 $ 3D,960,027 $ 29,410,020 i I f co~fnrra..wan=arm 2 f City of Ashland Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the sixth month ended December 31, 2012 Fiscal Year 2013 Year-To-Date FiscalYear2013 Percent Actuals Amended Used Balance General Fund i Administration $ 44,714 $ . 374,366 11.9% $ 329,652 Administration - Library 188,380 388,022 48.5% 199,642 i Administration - Municipal Court 218,343 424,827 51.4% 206,484 Administrative Services- Social Services Grants 123,305 125,125 98.5% 1,820 Administrative Services - Economic & Cultural Grants 419,437 678,360 61.8% 258,923 Administrative Services - Miscellaneous 25,503 47,000 54.3% .21,497 Administrative Services - Band 37,929 58,500 64.8% 20,571 Police Department 3,062,337 6,068,066 50.5% 3,005,729 Fire and Rescue Department 2,957,272 5,942,575 49.8% 2,985,303 Public Works- Cemetery Division 139,450 341,793 40.8% 202,343 Community Development- Planning Division 567,385 1,259,536 45.0% 692,151 Community Development- Building Division 310,339 662,743 46.8% 352,404 Transfers 500 500 100.0% - Contingency - 354,804 0.0% 354,804 Total General Fund 8,094,894 16,726,217 48.4% 8,631,323 Community Development Block Grant Fund Personal Services 11,682 32,500 35.9% 20,818 Materials and Services 31,062 173,435 17.9% 142,373 Total Community Development Grant Fund 42,744 205,935 20.8% 163,191 Street Fund Public Works- Street Operations 1,942,752 5,943,110 32.7% 4,000,358 Public Works- Storm Water Operations 395,773 808,260 49.0% 412,487 Public Works- TransportationSDC's 60,497 275,911 21.9% 215,414 Public Works- Storm WaterSDC's 150,717 198,750 75.8% 48,033 Debt - 50,000 0.0% 50,000 Contingency - 100,000 0.0% 100,000 Total Street Fund 2,549,739 7,376,031 34.6% 4,826,292 Airport Fund ` Materials and Services 31,178 83,950. 37.1% 52,772 Debt Service 19,268 38,536 50.0% 19,268 Contingency - 5,000 0.0% 5,000 Total Airport Fund 50,446 127,486 39.6% 77,040 6.D M3 Fna gr.,n a , i!li2013 3 Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the sixth month ended December 31, 2012 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Capital Improvements Fund PublicWorks - Facilities 2,445,723 5,159,230 47.4% 2,713,507 Administrative Services - Open Space (Parks) 78,993 1,892,000 4.2% 1,813,007 Transfers 18,109 36,135. 50.1% 18,026 Other Financing Uses (Interfund Loan) 208,000 208,000 100.0% - Contingency 22,000 0.0% 22,000 Total Capital Improvements Fund 2,750,826 7,317,365 37.6% 4,566,539 Debt Service Fund Debt Service 1,888,296 2,855,241 66.1% 966,945 Total Debt Service Fund 1,888,296 2,855,241 66.1% 966,945 Water Fund Electric - Conservation 67,940 195,070 34.8% 127,130 ~ Public Works - Forest Lands Management Division 1,020,876 3,737,989 27.3% 2,717,113. PublicWorks-WaterSupply 139,005 413,355 33.6% 274,350 PublicWorks - WaterTreatment 512,924 1,345,025 38.1% 832,101 PublicWorks - WaterDivision 1,205,801 2,631,189 45.8% 1,425,388 i Public Works - Improvement SDC's 14,692 330,250 4.4% 315,558 Public Works - DebtSDC's 112,980 123,193 91.7% 10,214 Debt Service 338,796 399,943 84.7% 61,147 Other Financing Uses (Interfund Loan) - 200,000 0.0% 200,000 Contingency - 300,000 0.0% 300,000 Total Water Fund 3,413,014 9,676,014 35.3% 6,263,000 WasteWater Fund Public Works - Wastewater Collection 1,222,614 2,630,514 46.5% 1,407,900 Public Works- Wastewater Treatment 1,223,070 3,363,515 .36.4% 2,140,445 Public Works - Reimbursements SDC's - 7,500 0.0% 7,500 Public Works- ImprovementsSDC's 50,081 380,506 13.2% 330,425 Debt Service 239,550 1,667,772 14.4% 1,428,222 Contingency - 160,000 0.0% 160,000 Total Wastewater Fund 2,735,315 8,209,807 33.3% 5,474,492 Electric Fund Electric - Conservation Division 211,298 547,380 38.6% 336,082 Electric - Supply 2,953,684 7,736,300 38.2% 4,782,616 Electric - Distribution 2,896,082 6,402,580 45.2% 3,506,498 Electric - Transmission 464,677 - 971,773 47.8% 507,096 Debt Service 23,071 24,294 95.0% 1,223 Contingency 425,000 0.0% 425,000 Total Electric Fund 6,548,812 16,107,327 40.7% 9,558,515. 6Dw M3F fifty 4 223 Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the sixth month ended December 31, 2012 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent , Actuals Amended Used Balance Telecommunications Fund IT - Internet Personal Services 265,717 629,045 42.2`y° 363,328 IT - Internet Materials & Services 415,601 887,817 46.8% 472,216 IT - Internet Capital Outlay 20,948 100,000 20.9% 79,052 Debt - To Debt Service Fund" 409,000 409,000 100.0% 100,000 0.0% 100,000 Contingency - Total - Telecommunications Fund 1,111,266 2,125,862 52.3`y° 1,014,596 "Note: In Internet appropriation Central Services Fund Administration Department 638,957 1,505,343 42.4% 866,386 1T- Computer Services Division 440,657 1,158,973 38.0°% 718,316 Administrative Services Department 927,278 1,902,779 48.7% 975,501 City Recorder 164,126 324,681 50.5% 160,555 Public Works - Administration and Engineering 717,373 1,614,715 44.4% 897,342 Intefund Loan 364,795 364,795 100.0% - Contingency - 150,000 0.0% 150,000 Total Central Services Fund 3,253,186 7,021,286 46.3% 3,768,100 Insurance Services Fund Personal Services 39,158 83,130 47.1% 43,972 Materials and Services 430,516 676,500. 63.6% 245,984 Contingency - 150,000 0.0% 150,000 Total Insurance Services Fund 469,674 _ 909,630 51.6% 439,956 Equipment Fund Public Works - Maintenance 509,233 993,965 51.2% 484,732 Public Works - Purchasing and Acquisition 140,487 1,150,616 12.2% 1,010,129 Intedund Loan 19,000 19,000 NIA Contingency - 31,000 0.0% 31,000 Total Equipment Fund 668,720 2,194,581 30.5% 1,525,861 ! Cemetery Trust Fund Transfers 2,505 20,000. 12.5% 17,495 Total Cemetery Trust Fund 2,505 20,000 12.5% 17,495 1 i 6.6s M3 fn dRly A13 5 Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the sixth month ended December 31, 2012 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Parks and Recreation Fund Parks Division 2,018,413 3,956,910 51.0% 1,938,497 i Recreation Division 559,160 1,239,780 45.1% 680,620 Golf Division 219,242 485,120 45.2% 265,878 I Transfers - 350,000 0.0% 350,000 Contingency - 50,000 0.0% 50,000 Total Parks and Recreation Fund 2,796,815 6,081,810 46.0% 3,284,995 Youth Activities Levy Fund Materials and Services - - Total Youth Activities Levy Fund - - - Parks Capital Improvement Fund Materials and Services 11,183 - NIA (11,183) Capital Outlay 242,421 595,000 40.7% 352,579 Total Parks Capital Improvement Fund 253,604 595,000 42.6% 341,396 Total Appropriations $ 36,629,856 $ 87,549,592 .41.8% $ 50,919,736 ao.~rriawwam 2e~naa 6 vcvmu City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year CollectedI Year-TO-Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 4 110 General Fund Taxes $ 7,614,597 $ 12,232260 613% $ (4,617,663) $ 7,342,872 $ 11,794200 Licenses and Permits 289,327 508,000 57.0% (218,673) 359,697 1,340,102 Intergovernmental 292,882 930,103 31.5% (637,221) 274,073 608,483 Chargesfor Services 970,863 1,737,775 55.9% (766,912) 778,918 1,488,570 Fines 80,439 155,000 51.9% (74,561) 91,445 168,305 Intereslon Investments 10,343 20,000 51.7% (9,657) 7,722 25,170 Miscellaneous 29,714 62,600 47.5% (32,886) 51,759 218,879 Transfer In (Cemetery Fund) 2,505 20,000 12.5% (17,495) 2,457 4,805 Total Revenues and Other Sources 9,290,669 15,665,738 59.3% (5,375,069) 8,908,942 15,648,514 Administration 44,714 374,366 11.9% 329,652 47,399 - 90,544 Administration - Library 188,380 388,022 48.5% 199,642 182,893 365,786 Administration - Municipal Court 218,343- 424,827 51.4% 206,484 222,272 430,507 Finance - Social Services Grants 123,305 125,125 965% 1,820 118,856 121,004 Finance -Economic &Cultural Grants 419,437 678,360 61b% 258,923 400,713 602,293 Finance -Miicelllneous 25,503 47,000 54.3% 21,497 36,850 70,988 Finance -Band 37,929 58,500 64.8% 20,571 33,756 51,35/ Police Department 3,062,337 6,068,066 50.5% 3,005,729 2,791,514 5,645,100 Fire and Rescue Department 2,957272 5,942,575 49.8% 2,985,303 2,808,910 5,444,097 Public Works- Cemetery Division 139,450 341,793 40.6% 202,343 166,813 337,724 Community Development- Planning Division 567,385 1,259,536 45.0% 692,151 536,629 1,172,050 Community Development- Building Division 310,339 662,743 46.8% 352,404 300,821 609,301 Transfers (Cemetery and Reserve Fund) - 500 500 100.0% - 150,500 150,500 Contingency 354,804 0.0% 354,804 Total Expendflu es and Other Uses 8,094,894 16,726$17 48.4% 8,631,323 7,797,926 15,091,251 Excess(Deficiency) of Revenues and Other Sources over Expend:mres and Other Uses 1,195,775 (1,060,479), -112.8% 2,256,254 1,111,016 557,263 Fund Balance, Jul 1, 2012 3,495,819 2,624,349 1332% 871,470 2,936,556 2,938,556 Fund Balance , Dec 31, 2012 $ 4,691,594 $ 1,563,870 300.0% f 3,127,724 $ 4,049,572 $ 3,495,819 Reconciliation of Fund Balance: Restricted end Committed Funds 593,178 Unassigned Fund Balance $ 43098,416 f i e.o~mrr,.oerveoi,m 7 vann I i i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year2012 Fiscal Year 2012 Year-To-Date Fiscal Year CollectedI Year-To-Date End-of-Year Actuals 2013 Amended Expended Balance Actuate Actuals . 250 Community Development Block Fund Intergovernmental $ 31,016 $ 171,511 18.1% $ (140,495) $ 145,319 $ 203,945 Total Revenues and Other Sources 31,016 171,511 18.1% (140,495) 145,319 203,945 Personal Services 11,682. 32,500 35.9% 20,818 38,631 37,251 Materials and Services 31,062 173,435 17.9% 142,373 145,583 167,320 Total Expenditures and Other Uses 42,744 205,935 20.8% 163,191 184,214 204,571 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (11,728) (34,424) 34.1% 22,696 (38,895) (626) Fund Balance, Jul 1, 2012 33,798 34,424 98.2% (626) 34,424 34,424 Fund Balance, Dec 31, 2012 $ 22,070 $ - WA . $ 22,070 $ (4.4711 $ 33,798 Reconciliation of Fund Balance: _ Restricted and Committed Funds 22,070 - Unassigned Fund Balance $ I i I f e.osrlvrw~rw-.m 8 mmn i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 1 Fatal Year2013 Percent Fiscal Year 2012 Fiscal Year 2012 I Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year Acluals 2013 Amended Expended Balance Actuals Actuals 255 Reserve Fund - i Interest on Investments S 2,949 S 6,000 492% $ (3,051) $ 2,448 $ 5,408 Transfer in (General Fund) - - WA - 150,000 150,000 Transfer In (Para General Fund) - WA 349,000 349,000 Total Revenues and Other Sources 2,949 6,000 49.2% - 501,448 504,408 Total Expenditures and Other Uses - - WA - Excess(Deficiency) of Revenues and Other - Sources over Expenditures and Other Uses 2,949 6,000 492% (3,051) 501,448 504,408 i Fund Balance, Jul 1, 2012 1,013,910 1,012,502 100.1% 1,408 509,502 509,502 Fund Balance, Dec 31, 2012 $ 1,016,859 $ 1,018,502 99.8% (1,643) $ 1,010,950 E 1013910 i Reconciliation of Fund Balance: Restricted and Committed Funds 1,016,859 Unassigned Fund Balance $ 0 I I I ; i j t co.rrnr rrgxm 9 urvmr City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance - December 31, 2012 Fiscal Year 2013 Percent Fiscal Year20l2 Fiscal Year2012 Year-To Date Fiscal Year collected I Year-TO Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuate 260 Street Fund Taxes $ 13,536 $ 50,000 27.1% $ (36,464) $ 13,032 $ 53,314 Intergovernmental 1,169,908 3,312,707 35.3% (2,142,799) 1,345,148 1,966,707 Charges for Services - Rates 948,846 1,983,000 47.8% (1,034,154) 942,901 1,896,310 Charges for Services- Mac. Service Fees 10,904 16,000 682% (5,096) 8,181 17,719 j System Development Charges 75,723 65,000 116.5% 10,723 32,167 381,738 Assessments 13,811 10,000 138.1% 3,811 7,412 43,542 Interest on Investments 7,481 12,000 62.3% (4,519) 6,738 20,908 Miscellaneous 111,662 55,000 203.0% 56,662 - 13,376 Other Financing Sources 1,210,223 0.0% (1110,223) Total Revenues and Other Sources 2,351,871 6,713,930 35.0% (4,362,059) 2,355,578 4,393,614 Public Works-Steel Operations 1,942,752 5,943,110 32.7% 4,000,358 1,348,400 2,788,840 Public Works- Slam Water Operations 395,773 808,260 49.0% 412,487 265,092 552,940 Public Works- Transportation SDCs 60,497 275,911 21.9% 215,414 205,881 119,923 Public Works- Stonn Water SDC's 150,717 198,750 75.8% 48,033 - 17,602 Public WOKS- Local Improvement Districts - - NIA - 360 107,317 _ Debt Service - 50,000 0.0% 50,000 - - Contingency - 100,000 0.0% 100,000 Total Expendibires and Other Uses 2,549,739 7,376,031 34.6% 4,826,292 1,819,733 3,586,622 Fxcess(Defidency) of Revenues and Other Sources over Expenditures and Other Uses (197,868) (662,101) 70.1% 464,233 535,945 806,992 Fund Balance, Jul 1, 2012 3,043,292 2,332,094 130.5% 711,198 2,236,300 - 2,236,300 Fund Balance, Dec 31, 2012 $ 2,845,424 $ 1,669,993 170.4% $ 1,175,431 $ 2,772,145 $ 3,043,292 Reconciliation of Fund Balance: Restricted and committed Funds 2,845,424 Unassigned Fund Balance $ 0 I i 0 e.o:mar..mrymm . 10 vann I i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collected) Yeao-To-Date Endof-Year Actuals 2013Amended Expended Balance Actuals Actuals - 280 Airport Fund Charges for Services - Rates E 63,128 $ 130,000 48.6% $ (66,872) $ 53,424 $ 112,506 Interest on lmmesiments 267 3DD 88.9% (33) 153 392 Intefund Loan 19,000 19,0110 100.0% - - - TotalRevenues andOther Sources 62,395 149,300 552% (66,905) 53,577 112,898 1 Materials and Services 31,176 83,950 37.1% 52,772 25,363 50,734 Debt Service 19,268 38,536 50.0% 19,268 19,268 38,536 Contingency - 5,000 0.0% 5,000 - - Total FxpendibNresand Other Uses 50,446 127,486 39.6% 77,040 44,631 89,270 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 31,949 21,814 146.5% 10,135 - 8,946 23,628 Fund Balance, Jul 1, 2012 83,711 77,462 108.1% 6,249 60,083 60,083 Fund Balance, Dec 31, 2012 $ 115,660 E 99,276 116.5% $ 16,384 $ 69,029 $ 83,711 Reconcilution of Fund Balance: Resbided and Committed Funds 115,660 Unassigned Fund Balance $ 0 co.nun.dim~,a 11 ' vnmv i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December31,2012 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012. Year-To-Date Fiscal Year CollectedI Year-To-Date End-of-Year Actuals 2013Amended Expended Balance Actuals Actuals 410 Capital Improvements Fund Taxes $ 146,347 $ 443,000 33.0% $ (296.653) $ 139,450 $ 426,757 Intergovernmental 86,194 490,000 17.6% (403,806) 33,069 99,591 Charges for Services - Internal 464,313 930,000 49.9% (465,687) 454,313 928,627 Charges for Services - MISC. Service Fees 34,615 50,000 692% (15,385) 32,826 42,456 System Development Charges - 26,406 22,000 120.0% 4,406 9,612 46,490 Interest on investments 11,436 12,000 95.3% (564) 6,089 23,917 _ Miscellaneous 1,891 1,000 189.1% 891 595 1,301 Other Financing Sources - 1,892,000 0.0% (1892000) 3,060,434 3,060,434 Total Revenues and Other Sources 711,202 3,940,000 20.1% (3068798) 3,746,388 4629,573 Public Works - Faalites 2,445,723 5,159,230 47.4% 2,713,507 431,109 1,725,510 Administrative Services- Open Spam (Parks) 78,993 1,892,000 42% 1,813,007 45,233 331,639 Transfers (Debt Service Fund) 18,109 36,135 50.1% 18,026 29,517 47,800 Interfund Loan (Equipment Fund) 208,000 208,000 100.0% - 208,000 208,000 C intingency - 22,000 0.0% 22,000 - - - Total Expenditures and Other Uses 2,750,826 7,317,365 37.6% 4,544,539 713,859 2,312,949 Excess(De0ciency) of Revenues and Other Sources over Expendtures and Oahu Uses (1,979,624) (3,477,365) 43.1% 1,497,741 3,032,529 2,316,624 Fund Baladce, Jul 1, 2012 4,449,285 4,023,003 110.6% 426282 2,132,661 2,132,661 Fund Balance, Dec 31,2012 $ 2,469,661 $ 545,638 452.6% $ 1,924,023 $ 5,165,190 S 4,449,285 Reconciliation of Fund Balance: Restricted and Committed Funds 2,469,661 Unassigned Fund Balance S 0 I I s.o~nnrromleam+m 12 . . vamp I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December31,2012 Fiscal Year2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collectedl Year-To Date End-of-Year Actuals 2013 Amended Expended Balance Actuats Actuals 530 Debt Services Taxes E 765,862 $ 852,163 89.9% $ (86,301) $ 875,848 $ 995,950 Intergovemmental - 280,397 0.0% ' (280,397) - Chargwfor5endoes-Internal 781,650 11153,878 67.7% (372,228) 581,650 1,154,300 Charges for Services- Misc. Service Fees 37,255 74,511 50.0% (37,256) 37,162 74,512 i Interest on lnva&nents 2,044 2,100 97.4% (56) 965 5,847 Miscellaneous 309,698 29,302 1056.9% 280,396. 29,302 29,302 Interfund can 364,795 364,795 100.0% - - - Transfer ln(CIP) 18,109 36,135 50.1% (18021) 29,517 47,800 Total Revenues and Other Sources 2,279,414 2,793,281 81.6% (513;867) 1,554,444 2,307,711 Debt Service 1,888296 2,855,241 66.1% 956,945 1,194,688 2,134,309 Total Expenditures and Other Uses 1,888296 2,855,241 66.1% 966,945 1,194,588 2,134,309 Excess(Defidency) of Revenues and Other Sources wer Expendl5ires and Other Uses 391,118 (61,960) 7312% 453,078 359,756 173,402 Fund Balance, Jul 1, 2012 962650 1011,586 97.1% (28936) 809,248 809,248 Fund Balance, Dec 31,2012 $ 1,373,768 $ 949,626 144.7% $ 424,142 $ 1,169,004 $ 982,650 Reconciliation of Fund Balance: Restricted end Committed Funds 1,373,768 $ Unassigned Fund Balance i co:rvnnviwomm 13 vmmn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year2012 Year-TO-Date Fiscal Year Collected) Year-To-Date End-of-Year Actuate 2013 Amended Expended Balance Actuals Actuals 670 Water Fund Taxes $ 16 $ 50 31.7% 1; (34) $ 16 $ 52 Intergovernmental 871,443 3,600,000 24.2% (2,728,557) 153,087 336,811 Charges for Services -Rates 3,259,462 5,147,000 63.3% (1,887,538) 2,870,714 4,772,573 Charges for Services - Misc. Service Fees 32,344 22,000 147.0% 10,344 36,117 118,659 System Development Charges 147,947 150,000 98.6% (2,053) 59,557 491,612 Interest on Investments 7,704 10,000 77.0% (2,296) 5,831 16,598 Miscellaneous 2,246 25,000 9.0% (22,754) 6,776 9,318 Other Financing Sources - 1,117,050 0.0% (1117050) - - Total RevenuesandOther Sources 4,321,162 10,071,100 42.9% (5,749,938) 3,132,098 5,745,623 Electric - Conservation 67,940 195,070 34.8% 127,130 78,179 145,716 Public Works-Forest Lands Management 1,020,876 3,737,989 27.3% 2,717,113 220,370 485,728 PublicWorks - Water Supply - 139,005 413,355 33.6% 274,350 207,814 414,463 Public Works - Water Treatment 512,924 1,345,025 38.1% 832,101 474,947 980,798 Public Works-Water Operations 1,205,801 2,631,189 45.8% 1,425,388 1,078,968 2,196,075 Public Works- Reimbursement SDC's - - WA - 370 96,007 Public Works -improvement SDCs 14,692 330,250 4.4% 315,558 34,641 45,273 Public Works- Debt Service Sl3Cs 112,980 123,193 91.7% 10,214 113,129 124,860 Debt Service 338,796 399,943 64.7% 61,147 618,269 560,197 Other Financing Uses (Intedund Loan). - 200,000 0.0% 200,000 - 200,000 Contingency - - 300,000 0.0% 300,000 - - Total Expendibsesand Other Uses 3,413,014 - 9,676,014 35.3% 6,263,000 2,726,688 5249,117 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Otter Uses 908,148 395,086 229.9% 513,062 405,410, 496,506 Fund Balance, Jul 1, 2012 2,708,907 1,887,958 143.5% 820,949 2,212,401 2212,401 ' Fund Balance, Dec 31, 2012 $ 3,617,055 11 2,283,044 158.4% $ 1,334,011 $ 2,617,811 $ 2,708,907 Reconciliation of Fund Balance: Restricted and Committed Funds .2,277200 Unassigned Fund Balance $ 1,339,855 I I e. o,.rnarmavmm 14 vamn ~ i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December31,2012 - Fiscal Year2013 Percent Fiscal Year 2012 Fiscal Year2012 Year-To-Date Fiscal Year collectedI Year-To-Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 675 Wastewater Fund Taxes $ 585,388 $ 1,735,000 33.7% $ (1,149,612).$ 557,798 $ 1,707,027 Charges for Services - Rates 2,022,141 3,935,000 51.4% (1,912,859) 1,836,708 3,585,913 Charges for Services- Misc. Service Fees 13,250 12,000 110.4% 1,250 14,685 14,987 System Development Charges 48,270 66,000 73.1% (17,730) 28,196 81,998 Interest on Investments 7,912 20,000 39.6% (12,088) 8,972 25,333 Miscellaneous 5,094 3,000 169.8% 2,094 - 2,145 Other Financing Sources - 2,309,657 H% (2,309,657) - - Total Revenues and Other Sources 2,682,055 8,080,657 332% (5,398,602) 2,446,359 5,418,403 Public Works- Wastewater Coeecbon 1,222,614 2,630,514 46.5% 1,407,900 859,936 1,683,265 Public Works- Wastewater Treatment 1,223,070 3,363,515 364% 2,140,445 945,188 2,353,373 Pubic Works- Reimbursements SDC's - 7,500 0.0% 7,500 1,110 1,471 Public Works- Improvements SDCs 50,081 380,506 1320% 330,425 82,148 193,724 Debt Service 239,sso 1,667,772 14.4% 1,428,222 250,950 1,641,874 Contingency - 160,000 0.0% 160,000 - Total Expenditures and Other Uses 2,735,315 8,209,807 33.3% 5,474,492 2,139,332 5,873,707 Fxcess(Defidency) of Revenues and Other Sources over FxpendiWres and Other Uses (53,260) (129,150) 58.8% 75,890 307,027 (455,304) Fund Balance, Jul 1.2012 2,794,809 2,365,009 1182% 429,800 3250,113 3,250,113 Fund Balance, Dec 31, 2012 $ 2,741,549 $ 2235,859 1226% $ 505,690 $ 3,557,140 $ 2,794,809 Reconciliation of Fund Balance: Resbicted and Committed Funds 2,587,983 Unassigned Fund Balance $ 153,566 f I, ro~nv ri.eaagoiass 15 v621t] City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collected) Year-TO-Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 690 Electric Fund Intergovernmental $ 31,903 $ 200,000 16.0% $ . (168,097) $ 21,372 $ 125,153 Chargesfor5ervices-Rates 5,945,236 13,109,040 45.4% (7,163,804) 5,774,609 12,305,176 Charges for Services-Mac. Service Fees 185,446 210,000 88.3% (24,554) 104,485 222,804 Interest on Inveshnenls 5,466 15,000 36.4% (9,534) 5,279 11,957 Miscellaneous 96,058 180,000 53.4% (83,942) 91,481 534,471 Other Finandng Sources - 1,400,000 0.0% (1400,000) - - Total Revenues and Other Sources -6264109 15,114,040 41.4% (8849931) 5,997226 13,199,561 Decbic- Conservation Division 211298 547,380 38.6% 336,082 346,720 526,708 FJecbic - Supply 2,953,684 7,736,300 382% 4,782,616 2,902,310 5,934,651 Electric - Distribution 2,896,082. 6,402,580 452% 3,506,498 2,843,431 5,919,450 Electric - Transmission 464,677 971,773 47.8% 507,096 438,630 852,382 Debt Service 23,071 24,294 95.0% 1,223 23,207 24,564 ContrVency - 425,000 0.0% 425,000 - - Total Expenditures and Other US 6,548,812 16,107,327 40.7% 9,558,515 6,554298 13,257,755 Excess(Defidency) of Revenues and Other Sources over Expenditures and Other Uses (284,703) (993,287) 713% .708,584 (557,072) (58,194) Fund Balance, Jul 1, 2012 2418100 2,070,401 116.8% 347,699 2,476,294 2,476,294 Fund Balance, Dec 31,2012 $ 2,133,397 $ 1,077,114 198.1% $ 1,056,283 $ 1,919222 $ 2,418,100 I Reconciliation of Fund Balance: - Restricted and Commifted Funds Unassgned Fund Balance $ 2,133,397 rosmxr~,~wwh>m t6 varon City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year2012 Year-To43ate Fiscal Year CollectedI Year-To-Date End-of-Year Actuate 2013Amended Expanded Balance Actuals Actuals 691 Telecommunications Fund Charges for Services - Rates $ 914,595 $ 1,832,582 49.9% $ (917,987) $ 1,025,099 $ 1,931,126 Interest on lnveslments 1,009 2,500 40.4% (1,491) 844 3,304 Msceoaneous 13,092 5,000 261.8% 6,092 1 1 Total Revenues and Other Sources 928,695 1,840,082 50.5% (911,386) 1,025,944 1,934,431 Personal Services 265,717 629,045 421% 363,328 306.761 593,180 Materials B Services 415,601 887,817 46.8% 472,216 417,781 809,682 Capital Outlay 20,948 100,000 20.9% 79,052 34,740 53,542 Debt- Transfer to Debt Service Fund 409,000 409,000 100,0% - 209,000 409,000 Contingency - 100,000 0.0% 100,000 - Total FxpendAuresand Other Uses 1,111,266 2,125,862 523% 1,014,596 968,282 1,865,404 t Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (182,570) (285,780) 63.9% 103,210 57,662 69,027 Fund Balance, Jul 1, 2012 586,943 439,778 133.5% 147,165 517,916 517,916 i Fund Balance, Dec 31, 2012 $ 404,373$ 153,998 262.6% $ 250,375 $ 575,578 $ 586,943 Reconciliation of Fund Balance: Restricted and Commit ed Funds Unassigned Fund Balance $ 404,373 eosrw r,.mago~,m - - 17 . .3 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 _ Fiscal Year2013. Percent Flscal Year2012 Fiscal Year2012 Year-To-Date Racal Year Collected) Year-To-Date End-of-Year Actuals 2013Amended Expended Balance Actuals Actuals 710 Central Service Fund Taxes $ 22,421 $ 59,000 38.0% $ (36579) $ 25,455 $ 61,629 Intergovernmental - 2,820 0.0% (2,820) - - ChargesforServices - Internal 2,892,398 5,613,200 51.5% (2,720,802) 2,806,400 5,612,800 Charges for Services - Msc. Service Fees 74,654 298,000 25.1% (223,346) 74,750 403,772 Interest on Investments 3,927 5,000 78.5% (1,073) 2,409 6,141 Miscellaneous 55,096 110,000 50.1% (54904) 56641. 118,885 Total Revenues and Other Sources 3,048,496 6,088,020 50.1% (3,039524) 2,965,655 6,203,227 . Administration Department 638,957 1,505,343 42.4% 866,386 611,324 1,215,501 rr- Computer Services Division- 440,657 1,158,973 38.0% 718,316 551,651 1,087,264 Administrative Services Department 927,278 1,902,779 48.7% 975,501 735,873 1,702,733 City Recorder Division 164,126 324,681 50.5% 160,555 151,406 319,864 Pubic Works- AdmoMrstion and Engineering 717,373 1,614,715 44.4% 897,342 705,539 1,385,000 Intefund Loan 364,795 364,795 100.0% - - - Contingency - 150,D00 0.0% 150,000 - - Total Expendlbires and Other Uses 3,253,186 7,021,286 46.3% 3,168,100 2,755,793 5,710,362 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (204,690) (933,266) 78.1% 728,576 209,862 492,865 Fund Balance, Jul 1, 2012 984,411 965,774 101.9% 18,637 491,546 491,546 Fund Balance, Dec 31, 2012 $ T79,721 $ 32,508 2398.5% S 747213 S 701,408 $ 984,411 Reconciliation of Fund Balance: Restricted and Comm'ded Funds Unassigned Fund Balance $ 779,721 I no:nnx..aasa<eo 18 v~u City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year2012 Fiscal Year 2012 Year-To-Dafo Fiscal Year Collected) Year-To-Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 720 Insurance Service Fund Charges for Services - Internal $ 374,631 $ 734,705 51,0% $ (360,074) $ 37V89 $ 729,545 Interest on Investments 2,532 5,000 50.6% (2,468) 2,257 6,646 MsceBaneous (184) 30,000 -0.6% (30,184) 8,079 194,645 Total Revenues and Other Sources 376,979 769,705 49.0% (392,726) 381,625 930,836 Personal Services 39,158 83,130 47.1% 43,972 39,849 81,616 Materials and Services 430,516 676,500 63.6% 245,984 412,913 693,611 Contingency - 150,000 0.0% 150,000 - Total Expeadituresand OtherUses 469,674 909,630 51.6% 439,956 452,762 775,227 Excess(Deficiency) of Revenues and Other Sources over Fpenditures and Other Uses (92,695) (139,925) 66.2% 47,230 (71,137) 155,609 , Fund Balance, Jul 1, 2012 761,552 617,493 1213% 144,059 605,943 605,943 Fund Balance, Dec 31, 2012 $ 668,857 $ 477,568 140.1% $ 191,289 $ 534,806 $ 761,552 Reconciliation of Fund Balance: Reshn-ted and Canmided Funds 400,000 - Unassigned Fund Balance $ 268,857 j I I I 1 e osm~r,.daa~ao 19 vamp i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Ywr2012 Fiscal Year2012 Year-ToDate Fiscal Year CollectedI Year-To-Date End-of-Year Actuate 2013 Amended Expended Balance Actuals Actuals 730 Equipment Fund - Intergwemmental $ 124,928 $ . 113,616 110.0% $ 11,312 $ - S 76,825 Charges for Sermces - Internal 880,781 1,698,563 51.9% (817,782) 880,781 1,761,563 Charges for Services - Misc. Service Fees 47,069 75,000 62.8% (27,931) 57,653 84,536 Interest on Investments 11,845 25,000 47.4% (13,155) 15,114 33,140 Mraceltaneous 235 55,000 0.4% (54,765) 2,374 29,149 Other Financing Sources 208,000 408,000 51.0% (200000) 208,000 408,000 Total Revenues and Other Sources 1,272,858 2,375,179 53.6% (1,102,321) 1,163,922 2,393,213 Public Works - Maintenance 509,233 993,965 512% 484,732 484,058 972,839 Public Works- Purchasing and AcquisUri 140,487 11150,616 12.2% 1,010,129 683,517 799,438 Interfund Loan 19,000 19,000 100.0% - - - Contingency - 31,000 0.0% 31,000 - - I Total Expenditures and Other Uses 668,720 2,194,581 30.5% 1525,661 1,167,575 1,772277 Excess(Deficiency) of Revenues and Other sources over Expendirhrres and Other Uses 604,138 180,598 334.5% 423,540 (3,653) 620,936 Fund Balance, Jul 1, 2012 2,479,905 2,372,415 104.5% 107,490 1,858,969 1,858,969 Fund Balance, Dec31,2012 $ 3,084,043 $ 2,553,013 120.8% $ 531,030 $ 1,855,316 $ 2,479,905 Reconciliation of Fund Balance: Restricted and Commilled Funds - Unassigned Fund Balance $ 3,084,043 i I i I I I I i i I I i i a.o.rrnn~~nav 20 unan I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collected) Year-ToDate End-of-Year Actuals 2013 Amended Expended Balance Actuate Actuals 810 Cemetery Fund Chaigesfor Services $ 6,283 $ 25,000 251% $ (18,717) $ 21,011 $ 28,035 Interest on Investments 2,505 20,000 12.5% (17,495) 1,695 5,911 Tmnsfer(General Fund) 500 500 100.0% 500 500 Total Revenues and Other Sources 9,287 45,500 20.4% (36,213) 23,206 34,446 Transfers 2,505 20,000 12.5% 17,495 2,457 4,805 Total Expenditures and Other Uses 2,505 20,000 12.5% 17,495 2,457 4,805 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 6,783 25,500 26.6% (18,717) 20,749 29,641 Fund Balance, Jul 1, 2012 861,244 867,103 99.3% - (5,859) 831,603 831603 Fund Balance, Dec 31, 2012 $ 868,027 $ 892,603 97.2% $ (24,576) $ 852,352 $ 861,244 Reconciliation of Fund Balance: , Restricted and Committed Funds - 868,025 Unassigned Fund Balance $ 0 i 6.CSFY1]Fia~illlgvlY¢ 12YM] 21 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 i Fiscal Year2013 Percent Fiscal Year2012 Fiscal Year2012 Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year Actuals 2013Amended Expended Balance Actuals Actuals 211 Parks and Recreation Fund Taxes $ 3,931,681 $ 4,445,000 86.5% $ (513,319) $ 3,797,924 $ 4,339,310 Intergovernmental - - WA - - 33,117 Charges for Services 416,157 805,000 51.9% (386,843) 438,863 899,765 Interest on Investments 5,768 11,000 52.4% (5,232) 5,344 18,329 IJfiscellaneous 42,702 23,500 181.7% 19,202 12,463 22,127 Total Revenues and Other Sources 4,398,308 5,284,500 83.2% (886,192) 4,254,594 5,312,648 Parks Division 2,018,413 3,956,910 51.0% 1,938,497 1,673,470 3,488,488 Recreation Division 559160 1,239,780 45.1% 680,620 556,946 1,032,591 Golf Division 219,242 485,120 45.2% 265,678 196,799 414,373 Other Financing Uses - Transfers - 350,000 0.0% 350,000 349,000 349,000 Contingency 50,000 0.0% 50,000 - Total ExpendduresandOther Uses 2,796,815 - 6,081,810 46.0% 3,284,995 2,776,215 5,264,452 Excess(Deficiency) of Revenues and Other i Sources war Expendbres and Other Uses 1,601,492 (797,310) -200.9% 2,398,802 1,478,379 28,196 Fund Balance, Jul 1, 2012 2,242,227 2,087,749 107.49/6 154,478 2,214,031 2214,031 Fund Balance, Dec31,2012 $ 3,843,719 $ 1,290,439 297.9% S 2,553,280 S 3,692,410 $ 2,242,227 Reconciliation of Fund Balance: Restricted and Commitled Funds Unassigned Fund Balance E 3,843,719 i cxmrr,.oa,a, 22 uean i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2012 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 221 Youth Activities Levy Fund Taxes $ 1,121 $ 8,000 14.0% $ (6,879) $ 10,161 $ 10,427 ~ Total Revenues and Other Sources 1,121 8,000 14.0% (6,879) 10,181 10,427 Materials and Services - WA - - - Total ExpehdiNresend Other Uses - WA - - Excasss(Defidency) of Revenues and Other Sources over Expendlures and Other Uses 1,121 8,000 14.0% (6,879) 10,181 10,427 Fund Balance, Jul 1, 2012 20,325 (8,000) 354.1% (28,325) 9,898 . 9,898 Fund Balance, Dec 31,2012 $ 21,446 $ 0.0% $ (35,204) $ 20,079 $ 20,325 Reconciliation of Fund Balance: Resticted and CommNed Funds 21,446 Unassigned Fund Balance $ I no.mrr.way~m vbnn 23 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2D72 Fisml Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuate 411 Parks Capital Improvement Fund Charges for Services $ - $ 28,000 0.0% $ (28,000) $ - S 68,671 Interest on Investments 1,118 1,900 58.9% (782) 1,325 2,369 t4scellaneous - - NIA - - 13,522 Transfer (Park Fund) - 350,000 0.0% (350,000) - - Total Revenuesand Other Sources 1,118 379,900 0.3% (378,782) 1,325 84,562 Materials and Services 11,183 - WA (11,183) - - CapitalOutay 242,421 595,000 40.7% 352,579 31,701 68,296 Total Expenditures and Other Uses 253,604 595,000 42.6% 341,396 31,701 68,296 Excess(Dalkiency) of Revenues and Other Sources over Expenditures and Otter Uses (252,486) (215,100) 117.4% - (37,386) (30,376) 16,266 Fund Balance, Jul 1, 2012 449,132 457,167 98.2% (8,035) 432,865 432,866 Fund Balance, Dec 31, 2012 $ 196,646 $ 242,067 81.2% $ (45,421) $ 402,490 $ 449,132 Rnonciliation of Fund Balance: Restricted and Committed Funds 100,000 Unassigned Fund Balance $ 96,646 f I I i I I I i I I r.mman.we.,ot,m 24 ura~o City of Ashland Combined Statement of Financial Position By Activity For the sixth month ended December 31, 2012 - General Business Intra-0lty Total Parks - Resource Summary Govemment(1) Activities (2) Activities (3) Cih7 Component Total Revenues Taxes $ 8,540,342 $ 585,404 $ 22,421 $ 9,148167 $ 3,932,802 S 13,080,969 Licenses and Perrms 289,327 - - 289,327 - 289,327 Intergovernmental Revenues 1,580,000 903,346 124,928 2,608,273 - 2,608,273 Charges for Services - Rate B Internal 3,235,083 12,141,433 4,147,811 19,524,327 418,157 19,942,484 Charges for Services - Mac Service Fees 82,774 231,040 121,723 435,537 - 435,537 System Development Charges 102,129 196,217 - 298,346 - 298,346 Fines and Forfeitures 80,439 - - 80,439 - 80,439 Assessment Payments 13,811 - - 13,811 - 13,811 interest on Investments 37,024 22,092 18,304 77,420 6,886 84,306 MsrzOaneous Revenues 452,965 - 116,490 55,147 624,602 42,702 667,304 Total Revenues 14,413,894 14,196,022 4,490,333 33,100149 4,400,547 37,500,796 Budgetary Resources Other Financing Sources - - - - - Interfund Loans 383,795 - 208,000 591,795 - 591,795 Proceeds From Debt Issuance - - - - - - Transfers In 21,114 21,114 21,114 Total Budgetary Resource. 404,909 208,000 612,909 612,909 Total Resources 14,818,803 14,196,022 4,698,333 33,713,158 4,400,547 38,113,705 Requirements by Classification Personal Services 5,644,877 2,592,934 2,430,253 10,668,063 1,539,560 12107,623 Materials and Services 3,796,193 9,437,776 1,562,708 14,796,677 1,268,438 16,065,116 Debt Service 1,907,564 728,683 2,636,247 2,636,247 Total Operating Expenditures 11,348,634 12,759,392 3,992,962 28,100,988 2,807,998 30,908,986 Capital Construction _ _ Capital Outlay 3,801,701 1,049,013 14,825 4,865,539 242,421 52107,961 I Interfund Loans 208,000 - _ 383,795 591,795 - 591,795 Transfers Out 21,114 - - 21,114 - 21,114 Contingencies - - - - - - Total Budgetary Requirements 229,114 383,795 612,909 612,909 Total Requirements 15,379,449 13,808,405 - 4,391,581 33,579,436 3,050,420 36,629,856 Excess (Deficiency) of Reswnxs over Requirements (560,646) 387,617 306,751 133,722 1,350,128 1,483,849 Working Capital Carryover 13,963,709 8,508,759 4,225,868 26,698,336 2,711,684 29,410,020 Ending Fund Balance $ 13,403,063 $ 8,896,376 S 4,532,619 $ 26,832,058 $ 4,061,812 S 30,893,869 (1) General GaremmentActivities are those cityfunctions that benefitthe community. These funds include the General Fund, Community Development Block Grant Fund, Sheet Fund, Airport Fund, Capital Improvements Fund, Debt Service Fund and the Cemetery Trust Fund. (2) Business Activities are funds that rely on and should support themselves An user fees. These funds include the Water Fund, Wastewater Fund, Electric Fund and the Telecommunications Fund. (3) Inba-City Activities are funds that inmanly pmvide service to other city departments and are generally funded by fees assessed to them. These funds include the Central Services Fund, Insurance Services Fund and the Equipment Fund. f_ e.o.rwr..mvmu>e - 25 vaau i i ~ a ~ y ~ 'Ee•e6eass8 ~-_Rx461363gg ry - R W R - _ = 1 - - 1 °i E 8 8 B 3 Y Th E N § ~ 'R i H "e t" $ $ $ W E 'a 0 Q ...6 $ iN @; e~ 4 S d g F. e- m o E iR C fi a~`xuf Z $ . nY L 2i~ 1 o it 3 = a ~ s~ m ~ g ° az 8 s e 'a ! a~ m p9 CO s- IN q m~X G i ao Y ' C PC 6E c~ ~ ~ a ~ G n ~ p~ ~ ET m ~ r ~ R b'. 3 az o i 9 .a ® .1.$ a .,q o s c~ 9 5 ~ ~ffi 6~ a a."R ...Rai _ ( ee _ _ e i - & _ 333g r~CS S R i I i City of Ashland Revenue Summary as of December 31, 2012 Current Year PriorYeer Current/ 2012.2013 2011 2012 Prior Recelvng Revenue k¢m Fundl Share Month Y9fll 3 Amended %YTD `+s Y76= EOFY r Ch'anga4..i 1 r~.S.1 SkeT137 FoodBBeoemge Tax WCap. nLnpr.19.6% 7,732 § 443,000 33% § OW 104Waslevmter78.4% 3),929 1,735,000 34% 1 707,027 ,707 f 1DdCentral Sv 2% 789 r .~-~u V 36,000 41% ? 46965 i H.M Total F&B Ter 39,451 ` 7 746,6611 2,214,000 34% a dC.•714,896 { 21 r180749 ' 104 4%• f TransientOccupancy Tax Genera1100% 13,125 ;k 917,064 1,995,000 46% OM; 1,910,699 1619V Ambulance General 100% 87,826 a 421 C06p 887,400 48% 5193511 957,032 at.., 5 Coud Fees It Fran General 10D% 37,611 273111 400,025 56% 335626 490,166 i 115.9%. 1 , Parking Fees Debt Sns-Rents 3,193 ~a 19158 38,318 5D% :19065 30,310 1 f00S%' General Fund - 61271, 2,000 3D6% r 1,0 54 , 1,973 581.3%s Capital Fund 565 34615. 50,000 69% ,32,8261 42,456 Centra Ss: FSes 7,809 536390000 49%51148 103,357991%: Total Parking Fees 11,567 a 1135391 200,318 5T% 107,093 186,104 r 106,%; (t Y i~ a6 K Franchises General 168,946 11,197,661' 2,721,770 44% 9W13,61', 3962,594,075 ( 1071%. Sbeets,AHWCharter C k 8,536 50,000 27% 53,314 v Ill, Total Franchises 168,946 11,211 ,1984 2,771,710 44% '7,131,428 2,547,389 1 107.7%' SDC's Sheets 2,732 75,723 65,000 116% ;3416381738 4Caphailmpr. 989 26,`406 22,000 120% 96123 46,490 i 2747X', Water 9,752 147"47 150,0110 99% •9557, 491612 ' 21a4X' Waslexatter 3,375 48,20 66,000 73% 28,196; 81,998 is 171.2%. Total SDCs 16,848 298,3461 303,000 98% - 121,532r 1,001,838 1 23U3% i Planning ~ a PenniS and Fees General lW% 21,918 158,435 264,000 60% 218,OBa1 804,126 1 6.39X: - Changes for Services General 100% 920 77,749, 19,750 90% - 6,q25 55,294 7563X_ Total Planning 22AM X176,185 283,79 62% 22 DD,9i 89420 691 B eirg P a,f Permits and Fees General 100% 15,755 g 130,897 744,000 54% 1,614¢ 535,976 117 Charges for Services Genera 100% D9 5,028 7,000 83% }25. 13,384 r 1055%1 Total Building 76,057 r5945 751,000 54% - 117,139; 549,360 ' f16:T%: _ Charges for5enicss(sales) (Excludes SDCS) Electric 1,146,161 113,109,040 45% 577460912,305,176 103.0X: Water 318,597 5,147,000 63% 2,070744,772,573 113.' Waste aw 316,356 3,935,000 51% 36,TUB8 3,586,913 MAW! Telemmmunirabon 28,329 1.832,582 50% ra1.025 , 1931.125 892%7 Total Sales 1,809,4n 11141'433 24,071,822 51% 11,587,130' 22,5957Be - 105.M Interest Al FUrds - 16,832 8!,306 167,600 509: ]3,184' 211,369 ~ 1151%1 ' ' r RopedYTax I, - I- (CunntTaxes) Generl 60,500 q 3528,472 3,939,978 9D% .3,398,7781 3,8342110 1041%1 -1 1 TechMbgy Debt 5,482 ^,e. 319714: 357,000 9D% x'.307,303 347,490 104.0X; library 5,958 ±~f°" 434]495 388,022 90% 336,104. 377796 it •104.0%; Debt Sa 7,335 x- 427,7j4 477,663 90% 554,9631 627537 r 71.1%. Pala 65,567 r 3,824,025 4,270,000 90% 670,073' 4,150020 1501X+ Total Taxes 144,842 x8447,479° 9,432,663 906"8757721 9,3370431023%; T.W. S 2,385411 15.24$70,4531 § 43,018,288 58% S'+~239/7276:i § 42,926,951 1043%' so.nor..wryn,r ~yy„ 27 City of Ashland Departmental Expense Report For the sixth month ended December 31, 2012 AIWA %a Year-To-Dade P.w Pelcentol M Budget Eveaft. Budget EVendet BalaMe Enwmbaed Av I&n Budget PdorF PriarM Administration Department 110.01.02 Eoonmlco Paned P ASances - S 351 $ 55.080 0.6% S 54,733 S - $ 54,130 0.6% S - an Maana~ and Services 11,112 265,196 .7% 241,484 19,510 19,914 14.0% 13,591 9.1% 1B.M3 32.216 56% 302,213 99,510 282103 112% 13,591 12% unary 11001.02.11 Malenls and Servk. 18.380 38.012 d.5% 199,642 188,380 11.263 91.1% lass 485% 188,380 388,012 40SK 199,642 18.380 11,263 91.1% 102893 48.5% Pubic Art 110.01.0218 MaRlils and! servk. WA WA it" 54.3% WA - - - WA &000 54.3% RVN 110.01.02.19 Mabrils antl 8ervkes 26,fi51 54,090 49.3% 21,439 21,439 100.0% 4008 41.1% 2.651 54,090 49.3% Tr,439 9,439 - 100.0% 75,800 . 47.7% Mund*w Court 110.01.04 PeOSmal Sw*,a 14,1'K 312,213 51.8% 152931 - 152937 51.8% 74,194 50.56 Mat9iaa and Series Mom 101,554 501% 53,548 896 5;652 51.0% 47,410 44.4% 218.343 424,822 51.4% 20.484 896 204589 51.6% 22;222 49.2% Ma10r&Coun61 ' 710.01.01 P.9 Sarkes 34,301 78,610 431% 44,229 - 44,229 43.1% 28210 55.0% M.W1313 ant Sena. 3.115 55,100 647% 18,325 18,315 65.1% 35559 65.1% 11,156 133,110 531% 62,554 - 62554 531% 61,169 611% AMmdstradon 710A1.02 Pa SeMaas 195,559 516.378 37.9% .320,819 - 32.819 31.9% 1K785 465% Malaialsand Services 55,788 89,890 611% 34,102 24,186 9,916 09.0% 28,664 31.4% 251,37 606268 415% 354,921 24,186 330,135 45.4% 225,449 43.8% Legal 11001.03 Pamul Bales 119,392 369,507 323% 250,110 - 250,110 323% 100,735 25% MabailS ant servos 52148 1.625 an 23811 67.986 (44,1091 152.6% 10,699 an 17,145 446.132 386% 213,981 62,986 2.001 53.8% 171,434 37.6% Rumen Remurc. 710.01.49 PersanA SerAM 100,315 21249 71% 112142 - 112142 472% 95,988 49.0% Malails and Sauk. 43,994 106,776 41.6 62782 11,144 4.638 9.3% 56.685 591% 144,309 319733 45.2% 114,924 17,14 151,780 50.6% 152613 an 1 i TWb 1 Pa5aul8aMCes 614,338 1,549,305 39.7% Hi4W - 934,961 39.1% 594,512 41.A ! Maletlls and Services 416,055 1,143,253 41.6% W,M 345,590 321,658 71.9% 49,311 461% II Total for Administration Department $ 1,094393 $ 249253! 405% S 1,602163 S 145510 S 17%625 513% f 1,0a3,S09 7A% i i i r m 28 City of Ashland Departmental Expense Report For the sixth month ended December 31, 2012 . Ageal %of Y..TO-0ate Percent Perceidof Ym Bed9et Expenditures BudgM Expended BMmw Enwu .d A¢WW, Budget N.F PriorM Information Technology Department 691.0147 rr-IM d Pawns S6nim S 265.717 S 629,045 422% $ 363,328 - S 363,328 421% $ 306761 4i7% MYaias a S M 415,01 887,817 45.6% 48,216 12;022 30,194 60.6% . 417,781 48.8% P&&DWSen,ke 409.00 409,000 100.0% - - - 100.0% 209000 51.1% CWN Owq 4948 100,000 20.9% 79,052 1,866 77,186 22.8% 34,740 242% 1,111.266 2.25,862 AN 914,596 123.888 790,708 61.0% 968182 46.6% 710.2.05 n-COmp - PawoaSaMSes 351,067 862,245 41.4% 05,178 - 505478 41.4% 431,671 47.9% Mae'a's and SKA= 03,591 276.720 02% 193,137 708 192,430 305% $5,976 328% Ca Nod9 - 20,000 - 00% 20,000 - 20,000 0.0% 34,001 136.% W,657 1,158,973 360% 718,316 708 717,00 36.1% 551,651 46.4% Totals Pawns Services 622,703 1491,290 418% 868,07 - 860,07 41.0% 736432 47.0% Manias ant Se AM 0.192 1,573,545 57.7% 665,30 122,129 542.624 65.5% 71279 46.6% i c-PM Olduy 20,948 12QM 175% 99.52 1,866 97,106 19.% 68,744 41S% Total Information Technology S' 1,551,924 $ 3,164,035 4.7% S 1,632,911 - $ 124,05 S 1,08,316 526% S 1,51$933 465% .w n I i City of Ashland Departmental Expense Report . For the sixth month ended December 31, 2012 i aelna %of Year-To-Dtle Potent P4swdof M Budgk E>mendiNres Budget Eapeudai Balance Encumbered Avalahle Budget Prior FY Poorm Administative Services - Finance (non-operating) Soda! Bervi Grad 110.6325 MalerWS andS Services $ 723,305 f 125,125 98.5% f 1,82➢ S $ 1,829 98.5% f 11485fi 96.9% 123,305 125,125 9&5% 1,820 - 1,820 98.5% 118,856 96.9% E andkna Grenb 110.031fi Mawd& @dak aM 6eO'vYes 419,4P 67&360 61E% 258.923 258,913 61.8% 400.713 64.0% 419,437 98,360 619% MUM - 258,923 61.8% 400,713 64.0% Band 110.03.09 Personal Serdoes 1,030 3,800 48.1% 1,090 - 1,970 481% 1,830 48.1% Mabliats and Services 36,099 WOO 66.0% 18,601 - 18,601 66.0% 31,927 58.4% 37,929 SB.500 64.8% N91 - 20,571 64.8% 33,757 9.7% Misce9aneoos 110.99.00 Masials antl Series 25,501 47,000 51.3% 21.402 - 21,497 92% 34050 2&9% 25,503 CAM M.% 21,497 - 21,497 54.3% 36,850 MA Open SpaceParks 41o o112 Matrnals6Senices 10 - WA (10) - (10) WA - 0.0% CapR Outlay 78,95 1,892003 4.2% 1,013.017 81,955 1,731,61 &5% 44233 2% 70,993 1,892,000 47% 1,813,007 81.956 1,731,61 &5% 45,233 25% Bann 530.03.11 Det40eme .410.000 0.0% 200.000 - 209,000 &0% - 0.0% - 90.00 M XXOD0 204000 &m9 - 0.0% Geneal W,adon 530.03.32 Oebd er . 1,19,376 1,906$94 M.N. 748,918 748,918 50.7% 1,100,396 56.9% 1.19,376 1,806794 602% 744918 - 748,915 607% 1,100,3% 56.9% N"&Cnn = 539.03.33 Deft Savire 730,921 748,947 97.6% 1Bp26 14026 97.6% 94291 61.9% 734921 748,947 97.6% 1&026 - iBp26 97.6% 94,91 81.9% Insurance Serv . 720.03.00 Personal Smicws 34158 83,130 47.1% 43,972 - 43.972 47.1% 39,N9 501% Maaridl and Semen 430,516 676,500 63.6% 245,9M 30,478 214506 9.1% 412,913 61.0% 40.674 759,630 61.8% 289,956 30,48 259,477 65.8% 452,762 599% Total. PcswW SeKms 4499 04930 471% 44942 - 45.92 4]16 41,69 5&0% Maw* and SWAv 1.034871 11581.685 63.4% 544814 34478 516,346 VA% 1,001,259 fi23% CaPw Outlay 78,983 1,89;(100 41% 1,813.017 81,958 44237 24% OebtSCVVS 108295 ;854241 641% 966,95 - 966,95 6&1% 1.194.687 53.1% Total Atlmrfl6 van S". (non-opeadn8) $ 3,043,138 f 6,414856 4TA% $ 3AM718 S 112,434 S 1,59,233 491% $ 2,252656 39.0% r~~ 30 i ~a i i City of Ashland Departmental Expense Report j For the sixth month ended December 31, 2012 Aaua1 %of Year-To-Dafe Pacer[ PertvrtN Ym Mget I E6penSoiiw Budget Expended Balance Encumbered Aviila6le Budget PnvH PMrM Administrative Services • Finance (operating) CusfamvlnlvmaBvn Services , 71D.09DT Pried Sevres 209.15] 425,930 49.1% 216,713 - 216,173 49.1% 196,388 49.7% M#vizLS and S.*. 4,769 13,897 31.3% 8;126 P.511 14,617 88.8% 0.737 444% C~ItA Outla7 5,392 5,000 WA 44,608 21,011 22,597 WA - 0.0% 263,318 60,821 434% 343,509 89,522 20.987 581% - 251,125 48.3% A.wfi g 71003.08 Pasoral SVVivs 24,1a6 S1D,181 47.1% 259,P5 - 269,115 47.1% 22-1,665 47.2% r MaWiate and SVVCes 107,505 180,750 59.5% 73,245 48.82 25,164 MA% 64,686 37.4% ~ 367,911 69,931 5,4% 343,020 48.52 294,939 57.3% 288,251 44.6% Advidr,i bon 710.0305 pla wSa 234.404 U V66 531% 206,862 - 215,862 53.1% Iizan 264% M&dals and Serdce9 81,645 163,755 49.9% 8;110 1,948 80,162 51.0% 87,624 53.5% 316.49 605,021 522% 288,972 1,948 287,024 526% 193,4% 34.3% Totals Pam,ulSavres 681967 1,37,3P 49.7% 693,410 - 84,341 49.7% 525,925 41.4% M&% "Savic. 237,919 _ 475,402 W.% 231,463 117,541 172,594 74.8% 09,97 45A% ca,,BeI ovw 5,392 50,000 ",,606 2;OI1 - WA NA Total Administrative Service (operating) f 927,278 $ 1,90ZM MA f 975,501 S 13,552 f 1,0161941 56.1% f 73;672 !IA% City Rxorder 710.04.00. Pa MSavscs f 81.50 f 17,g31 46.6% f 91,881 $ - f 91,881 A8.6% f 84,606 50.6% Makr adeavtu P,oP 145,750 529% 68,673 1,902 NM 512% 66.798 465X Total CV,R My f 161,126 f 324,681 50.5% f IN= f 1,902 f 15,653 51.1% f 151,406 46.7% 1 I i I~ vvmv ~w 3t City of Ashland Departmental Expense Report - For the sixth month ended December 31, 2012 . AcNa %of Yur-To-0 PercerR Percudof Ym Budget Ew-ftres Budget Expended Ba Encumbered Available Budget Pdor PY Nri M Police Department l AMdni Senac 110.08.09 Persona a Serviez f 112,617 S 256,670 0.1% f 134,29 f - S 134,253 41.]% f 123,024 9.8% M,t Jsantlservices 2]1,381 543,953 49.9% 27,5)2 206,601 65,971 B/.9% 259,017 43.3% Capra OWay 221,163 273.963 WA 46,800 - 46,800 WA 36.409 WA 620,962 1,074,586 5]9% 453,624 206,61 24],013 n.0% 416,450 49.8% support 110.00.11 PersaW 5WR9 398,97 05,178 456% 476,491 - 06,491 45.6% 387,466 49.8% Malerals and SerNCes 106,101 26,000 40.8% 153693 4,172 149,77 424% 12],03] 54.0% 6479 1,135178 415% 60,390 4,1]2 62,218 41.8% 514,63 6.8% 110.0842 Bpcatiom - PenonaServices 1,53665] 3,045,59] 505X 1,6,940 - 1$08,960 6.5% 1.49,234 49.8% MaVnatsand Serves 399.96 81;705 491% 41Zn5 15,67 396,868 512% 3 ,:tm 512% 1,93658] 3,858,302 502% 1,921,715 15,6] 1,905,808 6.6% 1,89,56 50.1% Total Pemma Seines 2051,761 4,1n,445 49.3% 2119,664 - 2119,684 49.3% 2,00.724 499% Maenas and Servccs 71,413 1,616,658 481% 839,245 7666 611.565 62.1% 75436 48.6% Capitl,may 227,163 273983 WA 46.800 - - WA 36409 WA Total Police Department f 3,06;39 S 6,068,066 95% S 3005,729 S nust; $ 2,]32.]49 $4.2% S 2]91,51) 92% Fire Department 110.0742 OpeoBam Per9na Services S 1,132516 f 23&3,238 47.5% S 1,250,182 S - S 1,26,782 425% $ 104243 47.4% Ma d. and Sat4ces xA.202 716,91 6.7% 354,359 3.158 324,201 54.9% 423,225 620% 1,49,118 3101,99 48.3% 1,605,141 30,158 1,5]4,983 492% 1,465,654 9.8% 110.01.13 Emefgemy SeMCes P al SWAM 93,845 1,783432 521% 89,97 - 89,97 521% 63914 an Ma ,0.M S.MM 398,935 762048 524% 363,113 68.415 34,698 61.3% 39,605 468% Capita Outlay WA - - WA 1,066 WA 1,31$76 2545,46 522% 1,216.700 0.415 1,148,285 54.9% 1,263,585 51.1% 117.0731 FvedtJre Salery OiNSUn Pampa services 10,615 240,01 41.4% 131,809 1,418 132391 4.8% 7%9 51.1 Ma2das and sent 3,16 54,152 45.8% 3,652 613 3,039 41.0% 6.701 3.5% 131.775 35,236 44.6% 10,41 2,031 161,430 45.3% ]9.670 459% 610.0739 Fon:at lnt ~Senices 104,855 21,335 480% 11346 - 113,46 48.0% 104,266 554% Mkui*and SMV 916,020 3,519,654 260% 2603631 1,405,705 1,197,929 Mm 115,105 7.0% 102.816 3,]3'1,989 213% 2]1].113 1,405.705 1,311,406 64.9% 223,371 120% Total Parana SeMces 2213.891 4.625.549 492% 2351,658 11418 2236,76 492% 2125,578 6.1% Ma Ws and Saves 1,704,251 509,015 311% 3350.79 1,504.890 647,938 - 615% 62636 288% c-pBa odry WA - - - WA 109 WA Total Fire Department S 3,976.146 $ 9,660,564 41.1% $ 5,702416 $ 1,96,300 S 2661,696 56.7% $ 3,0Ej60 41.1% 32 City of Ashland Departmental Expense Report For the sixth month ended December 31, 2012 Actual %d r.TO DzW Pt Per d Vm Budget Expendtuses Budget ap.n 8almca 9amaM Ava I. Budget Pdor Fy Ni Tm Public Works Department 110,X).14 Cdndery Personal SUNCas S 70285 S 190,913 37.1% S 120.008 S - S 120,Q98 37.1% S skm 47.6% Maleids ad S.*. 68,665 138,920 414% 10,255 1,2x3 68,992 50.3% 78,041 58.0% COPBa1 od0 121X) 0.0% 12,000 - 12099 WA - WA 139,450 341,193 40.8% 2112,30.1 1,273 201,070 412% 156,813 51.9% Gnuntls Nddenance ~ 260,(8.11 Mftials and SeMres 107,310 219,4X) 499% 11ZNO 1,690 110,340 497% 10;346 49.1% 0 101.310 219,400 .48.9% 112.030 1,690 110.340 491% 102,346 49.1% I SVed Opaaeons . 26008.12 Pamnd SaMCes 341,612 700,740 49.6% 353,128 - 353,128 49.6% 113,523 51.1% Mdaids and Services VZM? 1,152,740 453% 630454 35,311 595,142 484% 541,833 45.4% CaP3d M4 965,483 3,870,230 24.916 2,904,147 71,182 2,831565 26.8% 35,698. 122% Debt SeYCe 500X) WA 50000 WX)0 WA 0.0% 1,81036 5,7/1710 31.8% 3,938,328 106,493 3,831,935 336% 1,246,055 25.8% 260.06.11 St.. Dain Personal Serv'vxs 124,428 284,170 438% 159,742 - 159,742 431% iz m 44.6% Maredds and SeM. 115,143 264,840 415% 149,691 - 149,697 435% 121,512 49.4% Cap4d 0o8 156.202 259,250 60.3% 101048 1,981 95,061 633% 16,511 9.0% 391113 808250 490% 41ZM7 7.997 404,500 50.0% 295,032 313% 290.X).34 SOC sw. Drain Maki sd Sadeee - - WA - 24,618 24,818 WA - OAn capital 044 1X),71] 198,750 75.8% 48,033 64(161 34.645 78.9% 0.0% 150,717 198,750 15.8% 48,033 30879 17,151 01.4% - 04% 260.08.35 SDC TMsport4on WW@ and Savicn 147 - WA 1147) (147) WA - WA Capital ploy I 50.350 275,911 21.9% 215,561 20344 195,218 292% 269,801 51.3% Or*Finandeg tlYS WA WA WA 60,497 215,911 21.9% 215,414 20,344 195071 293% 203881 51J 260.X).41 DVe Cep3d GWday WA WA 360 0.1% WA - - - WA 390 0.1% 260.8.0 Aport . Matr4ids antl SeMCes 31,118 91950 37.1% 52,172 19,950 32,822 69.9% 25,369 39.1% _ DeMSmice 19,268 38,536 590% 19,269 192M 69.0% 19,269 44.3% 50446 12;486 411% 120X) 1%SW 52,090 57.5% 44,631 41.1% 410.0634 Fad6ty MdM xnce _ Persond Se. 96,433 20Z4M 47.5% 105,981 - 1%,981 47.6% 0,347 46,1% Mabids and Sevres 186,481 453,830 4L2% 266,.3 90217 176,351 61.1% 198,012 44.6% Capdal l118ay ;162833 4.501750 460% ZMN7 954,121 1,4B.M 91.0% 139,150 in 2445223 5,159,230 47.4% 2713,501 944,344 1,199,163 UN 431,109 10.1% I vma 33 City of Ashland i Departmental Expense Report For the sixth month ended December 31, 2012 . Actual %al Yer-WO Pv w Prc d M Budgd 6.pendteea Budget Expended S.W.. D.z .ed AMAk Budget N.F Pri M 670.0845 Wdt -&PPN Maleils ed Services 123,994 201,700 61.5% n.706 19,099 58.607 70.9x 111,188 55.1% - CapBMOUIq 15,011 211,655 7.1% 196,644 20,]76 175,868 169% 96,626 24.4% Debt6alee 20,922 22913 913% 1,991 1,991 913% 24950 962% 159,927 U5,m 361% 276,341 39,876 236,465 45.8% 228.764 MM 970.08.18 Wa Diefi on - Persona Sevkes 426255 871,840 48.9% 445,7&5 - .445,]85 48.9% MUM 39.% MaWela and Semen 749,010 1,419.349 52B% 9029 7,038 651301 533% 697,465 526% Cap8a wq 34735 344000 em 309,2fi5 1,000 303,265 93% 24,518 214% i DeBISerMCe 131902 146,106 91.6% 12204 12204 91.6% 313,148 95.]% 1,339,703 un,295 482% 1,437592 8,038 1,429,554 485% 1.39214 520% 8]0.06.19 Wrte Tr a eMplad - PmrdSwV 218,825 49.99 48.1% 236,125 - 236,125 48.1% 20522 47.3% MaT. and Servirs 284,434 634775 41.9% 365,341 88,930 2n,412 an 26923 9.8% cwbl008 5,665 259300 11.4% 25,635 3,675 22960 129% 452 in Oebt S.~m 187972 234924 79.7% 48952 46,952 79.7% 184,172 5.0% 696,896 1,95,949 44.2% 879,053 92605 786,48 50.1% 659,119 51.1% 670.08.37 Wale Rebnbun me MC CBPU Oulm WA 829 (&59) WA 370 0.3% WA - 829 (8,59) WA 370 03% 670.08.38 WMehnpmv OSDC MakUaa SWAM 1,600 - WA (1,600) - (IM WA - WA Capu OU54 13.92 334250 4.0% 317,158 10,358 M" 7.1% 34,641 139% 14,692 331250 4.4% 315558 14358 30650 7b% 34,641 139% Wage SOC OebtSeN 112980 123,193 91.7% 10,214 10,214 91.7% 113,15 90.6% 112,980 15,193 91.7% 14214 - 10,214 91.7% 113,15 90.6% 675.08.17 Was6mWr WOacfiom Pmeibt8arv9s 210,2n 161.210 45.6% 250,gn - 250.933 456% 218,950 480% Mabna6 and SwA= 611,198 1,247,855 490% 636,69 247 636,410 490% fi10,018- 51.8% Capu Outlay 386,853 921,449 420% 534,598 20,96 514,020 N.A 16,883 65% Debt Service 14,286 2$92 50.0% 1418fi 14,286 50.0% 14186 0.0% 1222614 2659,086 160% 1,434472 21.23 1,415.649 46.8% 659,931 4.4% City of Ashland Departmental Expense Report For the sixth month ended December 31, 2012 A=M %O1 Year-Wo- Pccent Pert Id YID Budget Expenditures Budget Expended Balance Encum .d Av19 Budgd PionH N.M 67508.19 WaatewACTrea6neMPW1 - - P.nalSe 253,418 511,890 495% 258,472 - 258,472 49.5% 25;244 51A% i MaRdaLS aM Serves 735,920 1,98,391 46.6% M471 171,298 671,173 9.5% 692944 47.1% ra N Outlay 233,732 1,213,234 18.4% 1,039,502 W.M 494,842 61.1% - Us DeMSavsx 239,550 1,639,200 146% 1,399,650 1,39,650 14.6% 250,950 15.0% 1,46;620 5,00;715 292% 3,510,095 715,953 2,024,13/ 435% 1.196,138 28.6% i 875.0.37 Wastewater Beimbms .t SDC C.aplw 0v14 7,500 00% 7,500 93 7,407 12% U70 5.2% j 7,502 O.0% 7,500 93 7,407 1.2% 1.110 52% - 67506.38 WaMawrtvblprovenent50c . Mabiafs and Ss - 15,000 0.0% 150,000 - 150,000 0.0% 9,497 323% - Capitel0u0ay 5,081 230,506 21.7% 18],425 60,518 119,907 400% 33,651 167% 50,081 380,506 132% 330,425 60,518 26,907 29.1% 82148 23.3% 710.00.11 Support ~SeraFZS 611,613 1,373,66.5 44.5% 76209 - M053 41.5% 593.733 509% Maxdafs and Seuices 105,760 23,750 45.8% 124,990 11,540 113,450 50.8% 11/,806 49.7% Capital Outlay - 10.300 On 10,300 - 10,300 0.0% - 0.0% 717,373 1,614,715 44.4% BW,342 11,540 805,802 45.1% 703.539 50.7% 730.6.10 PurehaslnOACquis n j Mabla6 and Senses 131,054 113,616 WA (17,438) - (17,438) - WA CapBal Outlay 9,433 1,037,000 09% 1.021,561 133,763 093,804 13.8% 69517 85.4% 140,407 1,19,616 122% 1,010,129 133,763 876,366 n4% 683,517 854% 730.08.24 Equ M.d Pesonal S.l .1,747 424,320 47.5% 21$93 - 222,93 47.5% 173,742 404% MaMlals and services 307,406 59,645 - 54.9% 25219 24,309 29,849 59,3% 31,316 .55.6% cape Q2ry 10,000 00% 10,000 10.000 0.0% 509,233 993,965 511% 484,732 24309 460,423 9.7% 484,09 49.0% Totals - PersmalSercon 2561,194 5.476,078 46.8% 2914,884 - 2914884 46.8% 2443.628 46.9% MalesaM Savices 4,061,732 8,444991 481% 4,381259 495,720 3,881,539 RD% 3,924574 49.0% Ca9dal ONMy 4,264,150 13,751,085 31.% 9,486,927 1,763,39 - 7,Ttl,90 43.8% 1,616.768 155% Dept SeMrn 724,819 227,444 31.8% 1,554565 1,554565 31.8% 915,903 37.8% Total Public Works f 11,611,964 f 29.51,96 36.fiY. f 16,81,664 f 2159,076 f 16,06,857 48.3% f 0.902673 34.1% l ®v ~+Amm 35 City of Ashland Departmental Expense Report - - For the sixth month ended December 31, 2012 . Y.-TO9 Pe>cmrt . Pumsnscl m Budges E>atenddmee Budg* Espmded Balance Encumbered ANlable Budges Prior FY Norm Community Development Department - Plm ling 1100927 Pew SWAM f 421,479 S 874,308 461% S 452.830 S - S 152630 48.2% f 381,866 49.0% Mtadals and Serdcea 145,906 385,228 37.9% 239,322 39,722 MAW 48.2% 154,763 41.4% 557,385 1259,536 45.0% 692,151 39,722 W;429 401% 536,629 46.6% HO.o9.20 BuAftg algerl4ces 179,144 394,380 45.4% 215,156 - 215,100 45.4% 177,459 51.4% PemmA Maledals entl SeMCes 131,195 268,443 489% 537,148 1,67 1361172 49.3% 113,362 46.1% 310,339 WZ743 a8% 35;404 1,07 351,327 47.0% M,aal 49.1% 250 09M CDBG P.r Se+uices 11,602 32500 35.9% 20,810 - 20,016 35.9% 38,631 812% MaW& and Sernces 31,062 173,435 17.9% 14;313 14237! 17.9% 145A 65.6% 4},744 - 205,935 20.8% 163,191 - 163,191 288% 104214 692% T.W. Pesmml Sek 612,305 1,301,108 47.1% 688,0113 - 688,803 47.1% 597yW 511% Makrgq and SwO= 308,163 827.106 37.3% 518,943 40.799 478.144 421% 4237118 49.1% Total Community Development f W M f 'Z129X4 431% f 1,207,716 $ Q,M f 1,166,947 452% f 1,021,664 60.5% I I .a w 38 City of Ashland Departmental Expense Report For the sixth month ended December 31, 2012 Adud %09 Year-To-0da Percent PercerR Of Ym Budget bpen6wres Bod9d Expended Balance Enumlbered Avd461e Bud9d Pr FY PAarM Electric Department 67011.06 Water Conseno8un P.ne Se . . S 33,300 5 133,815 24.9% S 100,515 6 - S 100515 24.9% S 44,124 40.6% Maerials and Seiv'tei 34,640 61,255 56.6% 26,615 907 25,709 5an 34,055 542% 67,940 195,070 34.8% 127,130 907 126224 35.3% M6179 45.fi% 690.11.06 FJeddc WVServaBOn P.r Service 91,033 266,840 MA% 175,807 - 175,847 34.1% 85,902 58.9% Maids and SeM 1M,264 430540 V7O% 310,276 10,860 59416 30.5% 260,818 71.7% De Service 23,071 24,294 95.M 1,223 - 1,53 950% ]3207 94.5% 234,369 721,674 325% 48],305 16860 476,445 34.0% 369,927 69.2% 690.11.15 F3ectric Supply MaEdds and SeMm 2,953,684 6,336300 46.6% 3.38;616 - 3,382,616 46.6% 2,901,310 47.6% CvBa'w, - 1,400,000 OD% 1,400,000 - 1,400,000 10% - WA 2,953,684 7.M'M 381% 4,782,616 - 4,782616 38.2% ZWZ310 40.9% 690.11.18 EKb OuduaWOn Personal Services 989,453 2,181,530 459% 1,193,077 - 1,193,077 453% 998,862 48.5% M&dak and SerV. 1,637,7% 3,485,050 47.0% 1,13/7,316 65,184 1,782,133 489% 1,618,502 47.0% C-PIN DAM 268,695 585,000 460% 316105 57,319 255,786 55.8% 56067 343% 2,896,082 6.252580 463% 3,356,496 122503 3,233096 40.3% 2,843,431 46.1% 6901121 E4dric Transmisdon Materials and Serx9ee4 464,6n 971,77'! 471% 507,096 547096 47.8% 438,630 460% 464,677 9n,7n 47.5% 507,096 - 547,036 47-8% 43AM 4a0% TuUls Personal Services 1,113,756 2583,185 43.1% 1,469,399 1,469,399 43.1% 1,128,888 48.8% Ma PiUls and SerM 5,2111;999 11,284,918 462% 6073,919 76,950 5,996,969 469% 5,254,315. 48.1% Capita OLEM 266895 119&94000 135% 1,716,105 57,319 1,658,786 16.4% 22606/ 13.6% Debt9ervre 13A71 24291 95.0% I'M I'M 95.0% 23107 945% Total Electric Department S 6,616,751 $ /6877,397 41.7% $ 9,260,646 $ 134,270 S 9,116376 425% S 663241) KS% r wmn F.rwear 37 City of Ashland Departmental Expense Report For the sixth month ended December 31, 2012 Ad %of Y.-To-Da P.m P.dd M Bud9d upenddure3 Bodgd E~pendM Balance En.mb Anilahle BudBd PriorF PriorM Parks Department Pa S D'n n - PersanS SerA.S S 963,420 f 2027,110 41.5% S 1,063,690 f - S 1p9,690 47.5% f 879,138 46.9% Maen mid S.&. 1,051,994 1.694.800 55.1% 839,806 121,385 718,422 621% 191,832 499% CapAa wg - %,000 M M." - 35.000 0.0% 2500 7.1% 2018,413 3,956,910 519% 1,938,497 121,385 1,617,112 ' 9.1% 1,673,470 47.8% Recreation Dividan Permnal Send. 441,321 956,MD 46.1% 514,959 - 514,959 46.1% 441,316 55.0% MaYn'SS and Seri= 117.839 283,500 41.6% 165,661 23,022 142639 49.7% 109,630 319% 559.160 123%780 45.1% 680,620 23,022 651,598 41.0% 59.946 rA9% GaV Drvis Pe M SwA= 134,819 321,620 41.1% 193,001 - 193,Om 41.1% 128,154 46.0% MaMnda and Se'4ices 84,424 157,300 53.7% 12876 14,313 56,556 628% 9,60.5 4.5% Chu Nfl y WA - WA 0.0% 219242 W M 452% 265,6/6 14,318 251,59 48.1% 196,799 459% M Mak &and S.M WA - - WA 0.0% WA - WA - 0.0% QP Mate+elsaM3en9a 11,183 - WA (11,183) 9,440 (21.623) WA WA Ca uOutlay 242421 m.M 40.1% 352519 13,675 336904 430% 31,701 45.3% M.604 595,000 426% 341,396 23,115 318,231 46.5% 31,701 45.3% To Pv"Service 1,9%560 3,311210 46.5% t,n1.M - 1,n1,650 46.S 1,454,608 49.0% Mamlak aM Seo 124,44 2335.600 541% 1,067,162 16%16.5 69Bm 61.5% M.197 412% capu Oday 242421 633.000 38.596 337,519 13,675 373,994 40.1% 34,201 326% Total Parks Depadment f 3,050,424 f GX2 M4 u6% f 3226,311 f 111,844 f 3,044,550 51.5% f 244,916 419% I mo . w 38 City of Ashland I Departmental Expense Report For the sixth month ended December 31, 2012 A N9 %of Y.-Wtr Paced Percen7W M 8o6go F~enddcree fudge! Upended U.na Fii .ba A Able Budget PriorF Prior YTD Summary Totals Pasong Sew. 12207,623 26.150,408 46.1% 13,950,785 1,418 13,980,824 457% 11,736,537 480% Staly ad Savires 16,065,116 34,403.913 46.6% 18,410,801 3,131,395 14,142145 a7% 14,689,850 46.9% CxPitz(May 5.101,961 18,102076 219% 13$94,081 1,940,104 9,853.445 311% 2030,488 142% DebtSaJU 263.241 5,150919 51.1% 2,522132 - 2522,132 51.1% 2133,191 45.4% S 35016,941 S 84.503,350 426% S 48,486,411 S 5,012,991 S 40,501,146 4a6% S 30,590,600 40.9% l I e~m rir~ 39 CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Update from the Homelessness Steering Committee FROM: Linda Reid, Housing Program Specialist, Planning Department, reidl@ashland.or.us SUMMARY Quarterly update from the Homelessness Steering Committee regarding activities undertaken since the last quarterly update on October 2, 2012. Activities include shelter volunteer training, research on veteran's court and the creation of a local resource list. BACKGROUND AND POLICY IMPLICATIONS: As requested by Council, the Homeless Steering Committee (HSC) will provide quarterly updates to the Council. At a study session held on June 4, 2012, the Council directed the HSC to research facts, pros, cons, and choices regarding homelessness and near homelessness in the community and provide the council with information to help make decisions find resources and determine needs. Additionally, the Committee would research homeless prevention programs, and undertake outreach activities and provide education on available resources. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REOUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: Homelessness Steering Committee Update Highlights Page I of I ~r, 2-5-13 Report to the Ashland City Council from the Ad Hoc Homelessness Steering Committee The committee has been meeting twice a month for the last quarter. The highlights of our work are: • Two meetings with the faith community that resulted in one new shelter (Trinity Episcopal Church) and the proposal from the faith community to work with the city to open the shelter at Pioneer Hall. • Trained volunteers to work at all three shelters and developed an online scheduling mechanism for shelter hosts. • Researched and scheduled trip to Klamath Falls to see how the Veterans' Court works • Heard a preliminary report from Chief Holderness on the Exclusionary Zone. • Researched the possibility of showers in a shower truck or other facility in Ashland. • Worked with City staff to produce an Ashland resource list of services and phone numbers to call. • Visited Eugene to explore a variety of options for day shelter, overnight parking and other services. Winter Shelter: Beginning in the summer we talked to the faith community about the possibility of additional winter shelters. First Presbyterian Church was the only shelter that had been open one day a week. Trinity Episcopal Church agreed in November to open on Wednesday nights and First Presbyterian was open on Monday nights. The table below shows the number of people who have been at the shelter for the partial month of November, and the full months of December and January Location Men Women Total Est. # of shelter nights First Presb terian* 123 13 136 13 Trinity Episcopal 96 17 113 10 Pioneer Hall 31 10 41 4 *This includes one emergency night at The Grove The numbers clearly increased during our coldest nights. Volunteers or local merchants often provide food in the evening and a basic warm breakfast of instant oatmeal and coffee. There have been no calls to the police from any of the shelters. There were two emergency shelters opened when the weather was cold (below 20 degrees). One was at First Presbyterian and one was at The Grove. The committee, along with others in the community is continuing to look for other options for additional nights of shelter, but we have nothing concrete to report at this time. John Wieczorek will report on the Pioneer Hall shelter in more depth. Training for Shelter Volunteers: A HSC sub-committee met with knowledgeable community members and the hosts of the First Presbyterian Shelter to develop a training for shelter volunteers and hosts. The first training was on Nov. 27th and was attended by 25 community volunteers, and the second training was on January 9th and was attended by more than 50 community members. The training sessions included an overview of what happens during the evening, do's and don'ts of welcoming guests, how to sign up for shifts, and a presentation from a Licensed Clinical Social Worker (LCSW) on how to deal with guests who have mental health issues. The volunteers have reported that they are well prepared to staff the shelters. Additionally, as part of the training one of our HSC members, acting as Volunteer Coordinator, developed a way for people to go online and sign up to work at the shelters. This has been successful and a variety of people, including those not associated with the faith communities, have been able to sign up to help out. There are now 72 community volunteers entered in the database for the Winter Homeless Shelters. Thanks also to the partnership with the City of Ashland, about 27 volunteers have received background checks that allow them to serve as overnight volunteers at the Pioneer Shelter on Thursday nights. This too was facilitated with assistance from an HSC member, working with city staff, APD, and members of the faith community. Veterans Court: We established a sub-committee to look at the development of a Veterans Court. The sub-committee members met with people from the Southern Oregon Rehabilitation Center and Clinics in White City who have worked with the courts in Klamath Falls to set up a court system. After reporting back to Councilor Lemhouse, the group decided to schedule a trip to Klamath which was canceled due to snow. We plan to reschedule soon. Committee members also talked to judge Burkholder who reported that Ashland City Court does not have many Veterans or crimes that qualify for such a court. California has set up a statewide system of Veterans Courts that began January 1, 2013. Exclusionary Zone: Chief Holderness prefaced his remarks with a caution that this was just 5 months of data and included several months of the fall. However, he felt that the ordinance seems to be effective. Seven individuals met the threshold to be served and four did not show up for court and have left town. He indicated that there will be more police presence in the downtown area this summer. He will provide a full report to the Council and we will receive any updated information. Showers: This has been a vexing issue since First Congregational Church of Ashland had to discontinue offering showers on Monday mornings. A sub- committee has worked to identify several options: renting or having a donation of the shower trucks of the type used by Cycle Oregon or the Forest Service/BLM, as well as the potential use of the YMCA and Jackson Wellsprings showers. There is also an inquiry pending with the school district for a use of showers in an as yet to be identified location. To date there is no progress on identifying a solution. Resource List: With city staff help, we have developed a list of resources for Ashland citizens. Along with the County's 211 system, we have an up-to-date list of programs, with addresses and phone numbers for people to contact. Donation Boxes: The Drop Boxes were removed after a theft was discovered. One box has been re-designed, and is to be reinstalled as a pilot. Collection from that box will be on a weekly random schedule. The others will be rebuilt and reinstalled. Visit to Eugene: In February two Committee members traveled to Eugene to learn more about the services that are offered there for the homeless through a partnership between St.Vincent DePaul and the City of Eugene. Those services provide for a Day Use Center (The Eugene Service Station) which includes temporary storage, showers, laundry, and food, among many other social services that are offered there. They also have an interfaith overnight sleeping program, the Egan Warming Center for emergency shelter, an Overnight Parking Program for people living in their cars, a new program called "Huts For Homeless Opportunity Village" scheduled to open in the summer, separate family and teen shelters, and a comprehensive jobs program that employs 500 formerly impoverished community members. Adult Day Use Center/Shelter: The Eugene Service Station started in an old gas station in the early 1990's. After several unsuccessful experiments with providing places for the homeless to camp (Autzen Stadium tent city, etc.) the city came to St. Vincent's and asked them to partner with them to provide a day use center. The current building is in an old bank that they have converted and remodeled several times. They are open 7 days/week from 8 a.m.-6 p.m. and they close for cleaning every day from 12:45-2:00 p.m. Breakfast is served 8-10 a.m. There are 3 full-time salaried employees + one site manager. They are partially funded by the city with money that is funneled through the county. They also have a full-time grant writer at the site. Most of the staff is comprised of volunteers from the community, in addition to University students and job-training interns. They provide many services for the homeless in this one site that is several miles from downtown Eugene, which they see as an advantage. • Center is for those 18 years and older, and guests sign in on arrival. • Family Center is in a different location for families with children. Teens are referred to Teen Center. • Only service animals are allowed inside. Not allowed by law to ask what disability is or to see certification. They have a large, fenced-in kennel on adjoining land outside with lots of individual, insulated, doghouses. Free veterinarian services provided in mobile vet center on site 2x/month. • Basic rules: Respect For All. Can be excluded from the premises for a period of time for infraction of the rules, depending on offense. Other Services provided: • STORAGE: open cubbies in large, floor to ceiling wooden compartments that don't lock. They had problems with lockers (lost keys, etc.) now utilize an honor system + security camera system that they got for $1000. • FOOD: They serve 2 meals/day in a very bare bones way, mostly crockpot meals like hot oatmeal, soup or chili, and warm drinks since they don't have a commercial kitchen, but one is planned soon. They have a few hard plastic tables & folding chairs available for people to sit & eat at. • COMPUTER ACCESS: computers are available for looking for jobs and housing, and checking email. Rules are posted: No social media site access allowed. They utilize older MACS due to problems with viruses. Casually monitored by staff. • TELEPHONES/ ADRESS/ Message Center • JOBS program with St. V counselors. SWEATS (supportive worker equity) program + Jobs Plus+ TANF jobs program for DHS. • Utility Assistance Program and Financial Training Program + on site Social Services provided by St.Vincent's staff. • Use "Service Point" a homeless management software system. • SHOWERS + dispense personal hygiene products • Free LAUNDRY • FOOD BANK Thank you for your attention to this committee. CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting Appointment to the Budget Committee FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Budget Committee member Doug Gentry has resigned from the committee effective immediately. The term for this position ends December 31, 2013. Applications are on file from two citizens who recently applied for a Budget Committee vacancy and Dee Anne Everson, a former Budget Committee member, has expressed a willingness to fill the remainder of this unexpired term. BACKGROUND AND POLICY IMPLICATIONS: The Budget Committee consists of the City Council and an equal number of citizen members appointed by the City Council. It is charged under state law with reviewing and approving the City budget, setting the City's tax rates and taking public input on the budget. If a member resigns, the Council appoints a replacement to complete the term. If the Council is unable to appoint qualified individuals to vacant positions, after making good faith effort to seek qualified citizen members, the Budget Committee may function with a reduced number of members. The budget season is about to begin and the budget kick-off meeting is scheduled for February 21, 2013. STAFF RECOMMENDATION AND REQUESTED ACTION: Council Options: • Consider appointment of Dee Anne Everson for the remainder of this term. Ms. Everson previously served on the Budget Committee from 2005 until 2012 and would be willing to complete the one-year period left on this term. • The Council can consider applications received this last December 2012 for individuals who were not selected. • The council can request that the position be advertised and applications received for consideration of appointment. Deadline date for submission of applications would need to be determined. SUGGESTED MOTION: I move to appoint to the Budget Committee for a term ending of December 31, 2013. ATTACHMENTS: 2005 application and e-mail from Dee Anne Everson 2012 applications from Michael Hersh and Scott Mangicaro Page 1 of 1 Barbara Christensen From: Barbara Christensen [christeb@ashland.or.us] Sent: Monday, February 11, 2013 3:09 PM To: 'Barbara Christensen' Subject: Citizen Budget Committee From: "DeeAnne Everson" <deeanne.everson@gmail.com> To: john@council.ashland.or.us, kannerd@ashland.or.us Sent: Friday, February 8, 2013 11:38:44 AM Subject: City of Ashland Budget Committee I respectfully apply to fill the seat vacated by Doug Gentry for health reasons understanding that the term ends on 12/31/13 and there would be a public reapplication process going forward. I appreciate the consideration and appreciated my time on the budget committee in the past. Regards, Dee Anne Everson Barbara Christensen City Recorder/Treasurer City of Ashland Ashland OR 97520 (541) 488-5307 PUBLIC RECORDS LAW DISCLOSURE This is a public document and is subject to the Oregon Public Records Law. Messages to and from this email may be available to the public. 1 II ORrV CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at a City Hall, 20 A4ain Street, or email christebna ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Dee Anne Everson Requesting to serve on: Budget Committee (Commission/Committee) Address: 1442 Windsor St., Ashland, OR 97520 Occupation: Executive Director, United Way Phone: Home: 482.8983 Work: 773.5339 Email: deeanne(Jeffnet.org Fax: 482.8993 or 77' ).7042 1. Education Backt=round What schools have you attended? Stanford University Nonprofit Leaders Program What degrees do you hold? High School Diploma What additional training or education have you had that would apply to this position? I believe the Stanford University Nonprofit Leaders Program is extremely beneficial as well as Rapport Leadership International Leadership I. I have attended numerous trainings and conferences I believe would be beneficial. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Previous to United Way, for the past 9 years, I was an economist. I served 13 years with Valley National Bank in Phoenix Arizona and 3 years with the Greater Seattle Chamber of Commerce as their economist. Additionally I have chaired the RVTD budget committee and served as vice chair as well. I am a member of the Rogue Valley Council of Governments budget committee also. For the past 15 years I have developed, implemented and managed budgets that I was directly accountable for. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? While I do feel that I could bring positive experience to the budget committee, I have a deep commitment to life long learning and could always strengthen my skills. 3. Interests Why are you applying for this position? I have wanted to be in service to my town for some time and have shared it with many people. The opportunity was pointed out to me and I feel I would grow and I would bring skill to the position. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I do control my own schedule and if meetings were scheduled enough in advance to accommodate the rest of my commitments I could make day meetings. I prefer day meetings over evening because I'm fresher during the day although I would commit to attendance in the evenings. 5. Additional Information How long have you lived in this community? We move to Ashland in January 1994. We lived here for 7 months and moved to Tucson, Arizona. Within two month of being there we knew we wanted to be back in Tucson. Upon conclusion of the academic year at U of A, we returned in May 1995 and have been here since. So we've been herejust over 10 years at this point in time. Please use the space below to summarize any additional qualifications you have for this position I have been committed to community in each community where I have lived. I have attached my resume to provide additional information. I look forward to the opportunity to serve if approved. Thank you. Date Signature ~d, Dee Anne Everson 1442 Windsor St., Ashland. OR 97520 (541)482.8983 (home); (541)601.1685 (cell) deeanne@ie8net.org Qualifications: Over 25 years progressive management responsibilities: Leadership/Management * Strategic Planning * Mission Development Public Speaking/Presentations * Retreat Planning/Facilitation * Outcomes Based Evaluation * Business /Profit Planning Customer Service Research/Analysis * Publications//;vents Production ' Development//Membership * Staffing/Training Work Experience: 1196-present United Way of Jackson County, Executive Director, Medford, OR Reponsibililies: Executive Director, $1.3 mill on budget, board of directors of 30, staff of 4, responsible for community building, raising and allocating funds. CommuniR, building work has included an active role in bringing the Building a Learning Community Core Course to the Rogue Valley, the Dleth Summit and Task Force and the Poverh' Summit. Have increased member agencies from 19 to 34 and programs from 23 to 47 since 1997- Have increased fundraising and community, building opportunities. Implemented outcomes-based evaluation. Implemented Dar of Caring - largest community volunteer event annually. Conducted bylaws and governance reviews. Promoted to executive director November 1997. Prior positions include acting director, campaign/fund distribution manager and needs assessment analyst. 8194-12195 Independent Economic Consultant, Tucson, AZ 1ccomplisl5ments. Various projects including solid waste management, market research, demographic and real estate feasibihn. studies. 1194 - 7194 Arts Council of Southern Oregon, Membership Coordinator, Medford, OR _ aomp6rhmenlt: Redesigned sponsorship programs and directed most successful campaign in the organization's history. Introduced cost-saving methods for membership programs. Designed and conducted first membership survey. Increased business sponsorslups by 30 percent and increased retention by 5 percent. Everson Page 2 8/90- 12/93 Greater Seattle Chamber of Commerce, Economist & Research Manager, Seattle, WA Ac omplishmenLc Increased number of publications available for sale by 165 percent in three years. Increased income by 44 percent in three years, turning department from net cost to net income of $150,000. Reduced expenses by G percent annually. Substantially reduced errors in directories. Assisted with total quality and diversity implementation. Completed annual fundraising for Washington World Affairs Fellows. S178-6/90 Bank One (Valley National Bank of Arizona), Economic Analyst, Phoenix, AZ lcromplisbnrents: 1986-90 - Fronomir- Ine lysl, Corporate O#icer.• researched, wrote and edited Arizona Progress, researched Arizona Statistical Review, acted as economic bond consultant for City of Phoenix, monitored metro economics, handled media inquiries, conducted Arizona Business Confidence Survey. laomplishmenli: 1983-86 - Funds Alauer8emenl. lntlysl, Corporate O#i m Monitored overnight flow of funds, business/profit planning for seven divisions, prepared presentations to board of directors and analvsts, and implemented the asset/liability management model. -16ro1liplirbments: 1978-83 ldmiuislratine, lssirtanl: Prepared interest sensitivity analysis, funds management flows and business/profit plans for division. Began as an entry- level employee. Special Skills: Common sense. Good sense of humor. Strong team builder and coach. Organized. Able to manage multiple priorities. Strong communication (written and verbal) and customer relations shills. Work well under pressure and with all kinds of people. Computer literate with numerous software packages. Everson Page 3 Publications: United Way of Jackson County, Annual Report 1996-2001 Jackson County Human Service Needs Assessment Study, June, 1996 Bucks, Volume I, Issue 11994 (editor for North American economic newsletter for teens) The Entrepreneurial Guide to Research Departments, ACCRA Monograph, 1994 Greater Seattle Business Development Reports 1991-1993 Asia Pacific Economic Cooperative (APEC) International Media Guide 1993 Info-Guide Economic Articles 1991-1993 Arts Access Response Team Survey on Accessibility- to the Arts Statewide Survey 1993 Women Involvement in the Greater Seattle Chamber of Commerce Study' 1992 Strategic Plan for Seattle Mime Theatre 1993 Northwest Folkhfe Focus Group Moderator and Report 1993 Seattle Children's Museum Focus Group Moderator and Report 1993 Marketing Non-Profits in the 1990s (editor) Arizona Progresses 1986-1990 (VNB monthly economic newsletter) Arizona Statistical Reviews 1986-1990 (VNB annual economic review of Arizona) Professional/Community Organization Involvement/Recognition: .9rblatuL Oregon Busines Magazine named one of Oregon's 50 Great Leaders 3005 SODA Red Ribbon Essay Jddge Oregon United Ways, President 2000-2001 Rogue Valley Civic League, Board Member Evergreen Bank, Board Facilitator Gold Ricer Distributing, Retreat and Planning Consultant Rogue Vallee Council of Governments, Budget Committee Rogue Valley Transportation District, Budget Committee, Chair Rogue Valley Transportation District, Policies and Procedures Committee Emergency Food & Shelter Program (FENIA) Board)ackson County Member Medford/Jackson County Chamber of Commerce, Legislation .Action Committee Klamath Open Door Family Practice, Board Strategic Planning Consultant Oregon Primary Care Association, Board Strategic Planning Consultant Samaritan Counseling Service, Board Strategic Planting Consultant Rogue Valley Civic League Facilitator Leadership/ Integrity Award from SODA Ashland Daily Tidings Reader Panel Ashland Schools Foundation Board Retreat Facilitator Ashland Resiliency Coordinating Council, co facilitator Ashland High School Senior Project Judge ArtWork Enterprises, Inc. Board Facilitator Arts Council of Southern Oregon Board Facilitator/Development Committee ,Ashland Senior Project Judge Everson Page 4 Tiicrac a.k.a. Theatre board Retreat Facilitator Goddard for Governor Campaign Seattle.- Business Volunteer for the Arts Volunteer of the Year 1994 Asia Pacific Economic Cooperative International Media Center Volunteer Graduate Alki Political Involvement Institute (campaign and election school) Seattle Times Reader Panel Grant Writer for Zion Preparatory Academe ACCRA (a business organization of economic researchers) Member Puget Sound Research Forum Board Member Seattle Economists Club Phoenix: Academic Decathlon Judge Glendale Public Schools Volunteer leacher West \'alley Child Crisis Center Arizona AIDS Project Junior Achievement Advisor Financial Women International Valbanqueras (Valley Bank Women) Annual Auction Chair CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christebrn ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: -Scott Mangicaro Requesting to serve on: Budget Committee (Commission/Committee) Address: 328 Palm Ave. Ashland, OR 07520 Occupation: Bank Teller at Wells Fargo/Musician Phone: _ (315) 439-2174 Home_ (541) 488-0928 Work_ (541) 488-0928 Email_smangicaro@gmail.com Fax 1. Education Background What schools have you attended? Onondaga Community College/ State University of New York, College at Oneonta What degrees do you hold? Bachelors of Arts, Music Industry What additional training or education have you had that would apply to this position? I served as a student Senator for my college from 2008-2010 as a member of the Budget Committee/Finance Board, Research Committee, External Affairs, and Public Events Committee. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? My position as a Student Senator on the schools Budget Committee/Finance board will transition seemingly to Ashland's Budget Committee. I have over two years of experience managing a $1.2 Million dollar budget, reviewing and analyzing fund allocations for over 95 student club organizations. My role on the Research Committee has also given me the opportunity to work hand in hand with our schools faculty members with drafting grant applications/guidelines for our student body and allocating grant approvals. I would also add that I have had an excellent opportunity as a batik teller at Wells Fargo right here in Ashland that has given me the customer service experience to be able to work with our local business owners and understand what it takes to help them succeed financially. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I would love to have the opportunity to speak with current members of the Budget Committee to learn more about how the committee functions at a team and individual level. I would be even more interested to attend as many conferences/seminars that this committee is involved with in order to better understand how I can be a strong asset to the committee. 3. Interests Why are you applying for this position? I am applying for this position on behalf of my passion to serve the people of Ashland and to help maintain a strong community with the financial support it deserves. Ever since the financial collapse of 2008, I have taken a strong desire in understanding how not only our nation, but our community can work together to prevent such a catastrophe from happening again. In order to make big changes with our nation, we have to start small and local. I can't think of a greater city to be a part of where I could have the opportunity to impact people's lives for the better. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, evening meetings would work better with my work schedule, but if they are planned well in advance, I can take the necessary time off. 5. Additional Information How long have you lived in this community? Since August 2010. Please use the space below to summarize any additional qualifications you have for this position. Although I have not lived in Ashland for very long, I feel that I have developed a strong sense of well-being with this community. I am confident with my work experiences that I will more than capable to make sound concise decisions on the behalf of the Ashland community. My experience as bank teller helping customers with their financial needs, and playing music down town to help create a more positive and entertaining atmosphere for our city is a daily privilege I have as an active member of our community. 11/18/2012 Scott Mangicaro Date Signature OR, N0V g~ 2012 12 November, 2012 6 Y, City Recorder City Hall, 20 E. Main Street Ashland, OR 97520 Subject: Citizen Budget Committee Attachment: Application to Serve on the Subject Committee I believe that I can make a positive contribution to the Citizen Budget Committee, and I pledge to be diligent and open-minded during our deliberations. Please feel free to contact the Directors and Coordinators where I have been volunteering, to find out more about me. I will make myself available for interviews, as needed. Thank you for the opportunity to submit my application. Michael S. Hersh Ash 932 Morton Street Ashland, OR 97520 541-552-0698 mhersh@*effnet.org CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashlandmnus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Michael S. Hersh Requesting to serve on: Citizen Budget (CetffnissieW ommittee) Address: 932 Morton St., Ashland, OR 97520 Occupation: Retired Phone: Home; 541-552-0698 Work; N/A Email; mhershna jeffnet.ora Fax; 541-552-0698(call first) Education Backaround What schools have you attended? Stevens Institute of Technology and San Diego State U What degrees do you hold? B E (Gen'1 Eng'g), M S (Metallurgical Eng'g), MBA (Organizational Management Focus) What additional training or education have you had that would apply to this position? DoD Management College, Program Mgt Diploma (5-month residency course) Karrass Seminars on Contracts and Contract Negotiation 1. Related Experience What prior work experience have you had that would help you if you were appointed to this position? 50 Year Aerospace Career: Engineer, Program Mgr, Marketing Mgr, General Manager (Small Co.). Principal of Sub Chapter S Corp as an Independent Consultant (Last 8 years) Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes; I would benefit from conferences and seminars on municipal budgeting, allocation strategies, plus short term and long term strategic planning. ~r, 2. Interests Why are you applying for this position? I am an active resident and homeowner, who volunteers at a number of non-profit organizations and cares deeply about Ashland. I believe increased fiscal efficiency would produce sufficient funds for an improved life style for all our citizens. 3. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings'! Yes, I am available. I have a flexible schedule; I prefer afternoon or evening meetings. 4. Additional Information How long have you lived in this community? Over 10 years. Please use the space below to summarize any additional qualifications you have for this position. I have served on the Board of Directors, as Treasurer and as President of several Homeowners' Associations. Currently, I am the outgoing President of Park Estates Association (66 Homeowners/Lots located on and around Morton Street above Forest.) I actively volunteer with the Ashland Police Department, Science Works Hand-On Museum, OSF, Tudor Guild, JPR, AIFF and the Siskiyou Singers. I also deliver Meals on Wheels in Ashland every Tuesday. 1 am a recipient of a City of Ashland Certificate of Appreciation for Volunteering, and an Oregon Governor's Volunteer Award. During my professional career, I served on the American Society of Materials, International (ASMI) and the American Institute of Aeronautics and Astronautics (AIAA) National Committees. I was a Registered Professional Metallurgical Engineer (California). I was also the chair of ASMI local chapters. 14 November, 2012 Date Michael S. Hersh ~r, CITY OF ASHLAND Council Communication February 19, 2013, Business Meeting A Resolution for the City of Ashland to Provide a City Building One Night per Week as a Winter Shelter FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: The City Council at its January 2, 2013, special meeting adopted Resolution 2013-01 to allow volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple) to provide one night per week of winter shelter for community members in a City-owned building. That resolution specifically prohibited pets in the shelter. The volunteers who have hosted the shelter report that several would-be guests have declined to stay in the shelter because they could not bring their dogs in with them. At the Council's February 5, 2013, meeting, a citizen (Cate Hartzell) requested that the Council reconsider the "no pets" policy and has offered some specific language. The Council directed that this item be placed on its February 19 agenda for consideration. BACKGROUND AND POLICY IMPLICATIONS: RVUUF and Temple last year proposed a partnership with the City to make use of a City-owned building in January, February, March, and April, 2013 to provide one more night of winter shelter per week, in addition to the two nights per week already being provided at the Episcopal Trinity Church and the First Presbyterian Church. On January 2, 2013, the Council approved Resolution 2013-01, which allowed the Parks and Recreation Department to identify a building for use as a one-night-a-week shelter and established a number of terms, conditions and policies related to the shelter operation. One of those policies is, "No drugs, alcohol, weapons or pets [emphasis added] will be allowed in the shelter property at any time." Note that the Parks & Recreation Dept. does not allow dogs in the buildings it manages, except for dog training classes held at the Grove. Shelter volunteers report that several would-be guests have declined to stay in the shelter because they could not bring their dogs in with them. At the Council's February 5, 2013, meeting Cate Hartzell requested that the Council reconsider the "no pets" policy and the Council voted to place this item on the February 19 business meeting agenda. Ms. Hartzell has proposed specific language for the Council to consider. It is found in Section 3.n of this proposed revision to Resolution 2013-01. In addition, she has proposed changes to the operating procedures to which RVUUF and the Temple have agreed. These include requirements that the shelter organizers designate a specific area in the shelter for dogs; that the floor in that area be covered with thick plastic; that crates be provided for any dogs allowed in the shelter and that dogs must remain in the crates while in the shelter. The entire three-page proposal is attached to this Council Communication. It should be noted that contrary to what the proposal says, instructors for AP&RD dog obedience classes are in fact required to check all dogs to ensure they are properly vaccinated and dog owners are required to attend a no-dog class before dogs are brought into the building. Dogs that are threatening or unmanageable are Page I of 2 CITY OF ASHLAND required to leave the class. In addition, while it is true that someone could bring an unvaccinated dog into the dog park or onto a trail, the City in that circumstance would be protected from liability by the recreational immunity provision of the Oregon Tort Claims Act. Such immunity would not apply to an overnight shelter. Nonetheless, staff has checked with our insurance carrier who has indicated that allowing dogs in the shelter will not increase the cost of liability or property insurance. FISCAL IMPLICATIONS: The anticipated direct costs for providing a facility and utilities are thought to be minimal, although Parks may experience some loss in revenue if there are conflicts in scheduling. The most significant fiscal implications are potential repair costs and the risk of liability for personal injuries to guests or volunteers. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff offers no recommendation on the resolution, however if this resolution is adopted, we recommend that the Council request/direct a revision of the agreement between the City, RVUUF and the Temple to spell out the organizers' responsibilities and the terms and conditions for having dogs in the shelter as stated in the attached proposal (items 2 and 3). In addition to these terms and conditions, staff suggests a provision in the agreement requiring shelter organizers to report any dog bites to Jackson County Animal Control. (ORS 433.345 requires that a dog that bites someone must be quarantined for 10 days.) SUGGESTED MOTIONS: I move to approve a resolution titled, "A Resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week though April, 2013, and repealing Resolution No. 2013- 01." ATTACHMENTS: Draft Resolution Proposal for dogs in shelter Page 2 of 2 RESOLUTION NO. 2013- A RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO PROVIDE A CITY BUILDING FOR A WINTER SHELTER ONE NIGHT PER WEEK THROUGH APRIL, 2013, AND REPEALING RESOLUTION NO. 2013-01 RECITALS: A. Ashland provides for emergency shelter housing in extreme weather through Resolution No. 2007-11. The resolution provides terms and conditions and policies for doing so when temperatures drop to 20 degrees or below. B. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple) have proposed to partner with the City of Ashland to provide a City building for shelter for community members one night per week from January through April, 2013, regardless of the temperature. C. The proposal includes RVUUF and the Temple providing trained volunteers to staff, manage and clean the shelter. D. The City is willing to provide a building one night a week on a temporary basis to accommodate the proposal in accordance with the provisions below. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of a Shelter. Ashland will provide shelter one night per week under the terms and conditions set forth herein. SECTION 2. Terms and Conditions. a. This is a temporary solution for the period January through April, 2013. b. RVUUF and Temple will, jointly or severally, obtain, maintain and provide primary and non-contributory insurance, with subrogation waived, covering damage to City property during shelter hours and holding the City harmless from and defending the City against any claims that arise from operation of the shelter or use of the City's building. Prior to staffing a City-owned facility, volunteers must sign a waiver releasing the City from liability for any personal injuries to them. c. The shelter will be staffed by volunteers from RVUUF and Temple who are certified to staff an overnight shelter. RVUUF and Temple must provide to the Parks and Recreation Department written assurance that every volunteer who will staff the shelter is certified to have completed appropriate training on the emergency plan, mental health plan and emergency communications for the shelter and has passed criminal background checks. d. Each night of operation of the shelter, at least one male volunteer and one female volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. An additional male volunteer will be required when more than 10 male guests are present. More volunteers may be required by the City depending on the building to be used. If the minimum number or . qualified volunteers are not available for the entire time, the shelter will not be opened that night. Resolution No. 2013- Pagel of3 e. Shelter occupancy will be limited to 25 guests on a first come, first serve basis. f. Shelter will open at 8:30 p.m. and close the following morning at 8:00 a.m. Doors will be locked at 10:00 p.m. with no re-entry for any that leave. g. City insurance requires separate sleeping space be designated for single men, women and families. Appropriate signage must be displayed that warns against children being left alone. Buildings must have separate restrooms for men and women. h. Ashland Parks & Recreation will identify the building to be used and provide access. The priority from an operational and safety perspective is Pioneer Hall, the Community Center and the Grove, in that order. i. No showers or food service will be made available during the hours of operation. SECTION 3. Shelter Policies. Operation of the shelter shall, to the greatest extent feasible, comply with the following guidelines: a. Shelter services must be provided with dignity, care, and concern for the individuals involved. b. The buildings used as a shelter will comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies, and must be maintained in a safe and sanitary condition at all times. c. Upon entering the shelter facility each night, each guest must sign an agreement committing to comply with shelter rules, absolving the City and volunteers of any responsibility for the security of the guest's personal property, and releasing the City and volunteers from all claims of liability for property damage or personal injury arising from operation of the shelter or use of the City's building. d. No cooking. Kitchen facilities are to be secured and access is prohibited. e. No drugs, alcohol or weapons will be allowed in the shelter property at any time. f No disorderly conduct will be tolerated. g. No threatening or abusive language will be tolerated. h. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc. i. Smoking will be restricted to the outdoors in designated areas. j. All guests should maintain their own areas and belongings in an orderly condition. k. If a volunteer/staff member accepts any item from a guest for safe keeping at least one other volunteer/staff member will witness the transaction. 1. Failure to comply with shelter policies may disqualify a guest(s) from future stays. m. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure a control of the premises and exiting by guests at 7:30 a.m. to allow cleaning before closure at 8:00 a.m. n. Dogs will be allowed into the facility only under established conditions and pending an amendment to the agreement between RVUUF and the Temple for provision of a winter shelter, dated January 10, 2013. Dogs must be kept in crates at all times. RVUUF and the Temple accept responsibility to repair any damage that is proven to have been caused by animals housed in the shelter. SECTION 4. Resolution No. 2013-01 is hereby repealed. Resolution No. 2013- Page 2 of 3 SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of February, 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of February, 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2013- Page 3 of 3 Proposal to Allow Dogs at Winter Shelter on Ashland City Property February 2013 Proposal 1. Make the following changes to Resolution adopted on January 2, 2013: section 3. Shelter Policies Modi "e."to read: No drugs or alcohol will be allowed in the shelter property at any time. Add: "n."to read: "Dogs will be allowed into the facility only under established conditions and must be kept in crates at all times.RVUUF and the Temple accept responsibility to repair any damage that is proven to have been caused by animals housed in the shelter." 2. Shelter organizers will designate a specific area in the shelter, cover the floor with thick plastic and provide crates for any dog they allow in. Dogs will remain in crates while at the shelter; if taken outside for biological needs, they will be leashed. 3. Shelter organizers will create and follow procedures that keep dogs away from each other and from other guests as they are being housed for the night and as they exit in the morning. These procedures will include the right of shelter volunteers to require that an animal be crated outside or leave the premises if it behaves in a way that poses a risk to other people or to property. 4. Shelter organizers and community members are currently working to fund and implement a vaccination program for dogs belonging to people who are likely to use the shelter. Responses to concerns expressed about animals at the shelter are listed below. 1. There is concern that some animals could pose a threat because they are not vaccinated or licensed. The City currently accepts liability relative to unvaccinated/unlicensed dogs. The Parks and Recreation Dept. (P&RD) sponsors a dog park where dogs roam and interact freely without monitoring for vaccinations, licenses, fighting, or biting. The P&RD sponsors dog obedience classes without consistent adherence to its policy to physically inspect vaccination records for all animals enrolled. Tourists and residents take animals (dogs, horses, etc.) to parks, trails, and sidewalks without being required to verify vaccinations or licenses. Our proposal regarding dogs in the shelter goes beyond what is required in the situations described above. It actually creates the potential that more dogs will be vaccinated than are now. 2. There is concern that allowing does at the shelter could result in physical damage to a public building. Representatives from the two ongoing, weekly shelters at Ashland churches have stated that people with dogs are admitted and that it has not resulted in damage to their buildings. It's fair to assume that these are the same dogs that would be crated at the Thursday night shelter. Shelters and dog obedience classes have been held at city buildings in the past and have not resulted in damage. This proposal goes beyond the protections used at the other two shelters in town by requiring that dogsbe kept in a section of the shelter that physically protects the floor and that dogs be in crates on 1 top of that plastic. Our proposal includes a clause that holds the RVUUF and Temple responsible for any damage proven to be caused by dogs. 3. There is a concern that does will fightwith each other and bite other does or humans. Representatives from the two weekly shelters at Ashland churches have stated that dogs are allowed and that they've nothad dog fights or biting. The primary coordinator of Eugene's Warming Centers stated last week that the dogs housed with shelter guests in their eight shelters "are some of the most loving, well-behaved, beautiful dogs" he's encountered. Ashland Police Chief Holderness stated informally that police respond to approximately one dog fight incident per month in the summer season and that it has not been a problem in the department's experience. Our proposal goes beyond the protections used at the other two shelters in town,using a process that minimizes contact with other dogs or people. The resulting controls aregreater than those available on the sidewalks and trails throughout town. 4. There is concern that dogs at the shelter could cause problems for people allergic to dogs. We presume this concern applies to other shelter guests. That issue has not surfaced at this, or the other two shelters, but since our proposal would isolate dogs to one section of the shelter, a guest with allergies could be accommodated in a different area of the room/building. If the concern applies to people who rent the building for other uses, we believe that the absence of furniture and carpeting in city facilities that would be used and the cleaning that is done after each rental drastically reduces the potential for allergic reactions. Further, while P&RD restricts dogs from most facilities, dog obedience classes are held in their facilities, service animals are allowed in them (without monitoring) and it is quite possible that the no-dog policy is occasionally broken by other renters. 5. Concern was expressed that fleas could pose a risk. While we don't expect large numbers of guests with dogs at this shelter, it is possible that the dogs may carry fleas. It is possible that some guests who leave their dog outside, or who don't even own dogs carry fleas or other insects in their bedding. Fleas are less abundant in winter("optimum temperatures for the flea's life cycle are 70°F to 85°F and optimum humidity is 70%"- Wikipedia)and survive by being on their host. Insects are part of our reality.Whether through dogs that take obedience classes at the Grove, mice in old city buildings, or people who bring flea-infested blankets to events at city facilities, the City already accepts risk of exposure to insects as a cost of doing business. Service Animals Since the City is required by federal law to allow service animals onto public property, we believe that this proposal puts the City in a position of protecting the public interest better than not having the proposed procedures and infrastructure in place at the shelter. The following excerpt from the American with Disabilities Act website pertains to public, as well as private entities. 2 "Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. ...an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability." From: http://www.ado.gov/gasrvc.htm Risk The City Council and City staff often base decisions on the experience of other entities that conduct activities that theyare considering. Ignoring the experience of the other Ashland sheltersin favor of the argument that something unforeseen could happen in the future appears to use different standards for a homeless shelter than standards applied to other services involving uniquerisks that the City of Ashland has sponsored (dog park,gun club, ski area, hospital, airport, municipal utility,etc.).The City's insurance company determined risks associated with this shelterand assessed costs.lt's not clear that crated dogs would be a greater risk than a dog park, for example. We applaud the City Council for its recognition of another, more serious risk that we face by limiting the ability of the shelter to serve people with dogs. Studies reveal that mortality from exposure happens not only in very low temperatures, but the risk of death increases after three or more nights of less severe weather. In the last 6 weeks, medical emergencies were handled effectively at both Ashland and Medford shelters that could have resulted in death had the person been camping that night. Our goal is to house those in need of shelter. Conclusion The reality is that between 5%- 24% of this country's homeless population have dogs and/or cats. As with our elders and people with mental handicaps and illness, many homeless peoplekeep animals for therapeutic or security reasons. This proposal ensures that we are not excluding people from safe shelter on the basis of theirdecision or need to own dogs. If our intention is to provide shelter to this population during the coldest time of the year, we will achieve that goal by designing shelter that accounts for the reality of those in need as much as possible. 3